LOCAL ENFORCEMENT SYSTEMS (ESTABLISHMENT AS AN AGENCY) [ S.L.595.14 SUBSIDIARY LEGISLATION 595.14 LOCAL ENFORCEMENT SYSTEMS (ESTABLISHMENT AS AN AGENCY) ORDER 1 Substituted by: L.N. 150 of
- 14th May, 2015* LEGAL NOTICE 135 of 2015, as amended by Legal Notices 475 of 2020, 184 of 2023 and 150 of
- The title of this Order is the Local Enforcement Systems (Establishment as an Agency) Order.
- In this Order, unless the context otherwise requires - "the Act" means the Public Administration Act; Title. Substituted by: L.N. 150 of
- Interpretation. Amended by: L.N. 475 of
- Cap.
- " A g e n c y " m e a n s t h e L o c a l En f o r c e m e n t S y s t e m A g e n c y established by this Order; "local enforcement" means the enforcement of any bye-laws and any other legislation which may be entrusted to local councils or Regional Committees by delegation or agreement as stipulated in the Local Councils and Regional Committees (Delegation of Enforcement) Order; S.L. 363.41 "local enforcement system" means the structural, operational and administrative set-up required to provide local enforcement services; " M i n i s t e r " m e a n s t h e M i n i s t e r r e s p o n s ib l e f o r t h e L o c a l Enforcement System Agency; "Permanent Secretary" means the Permanent Secretary in the Ministry responsible for the Local Enforcement System Agency.
- There shall be an Agency, to be known as the Local Enforcement System Agency, which shall carry out the functions and duties of the public administration in the following matters: (a) providing for the enforcement of any law, regulation or bye-law, the enforcement of which has been delegated to regional committees, local councils or to such other local or regional authorities as are designated by the Local Government Act; (aa) implementing the appropriate security measures for the purpose of ensuring the safety of community officers in the performance of their duties; (ab) monitoring electronic systems as delegated or prescribed in the Police Act and its subsidiary legislation, and under the Electronic Monitoring Act; *see article 1
(2)of this Order as originally promulgated, and Legal Notice 311 of 2015. Establishment of Local Enforcement System Agency. Amended by: L.N. 184 of 2023; L.N. 150 of 2026. Cap. 363. Cap. 164. Cap. 651. 2 LOCAL ENFORCEMENT SYSTEMS (ESTABLISHMENT AS AN AGENCY) [ S.L.595.14 Cap. 363. (
- b)collecting penalties, including additional penalties and expenses which may be due to the regional committees or local councils in terms of the Local Government Act; (
- c)administering and apportioning between the local councils any net surpluses, after the apportionments made in accordance with regulation 8A, resulting from enforcement operations in accordance with a formula established by agreement, following consultations between the local councils’ association and the Minister; (
- d)reviewing the workings of local enforcement; (
- e)ensuring co-ordination of local enforcement activities; (
- f)such other matters which are ancillary, incidental or consequential to the matters stipulated in paragraphs (
- a)to (
- e)as the Minister may from time to time determine; and (
- g)the general regulation of its own procedures, provided it does not violate the provisions of any other law. Responsibility of the Agency. Substituted by: L.N. 475 of 2020. 4. The Prime Minister may assign responsibility for the Local Enforcement System Agency to any Minister and its supervision to the Permanent Secretary of that Minister. Operational set-up of the Agency. 5.
(1)The Agency shall, in consultation with the Minister, e s t a b l i s h a n d r e - o rg a n i s e u n i t s , d i v i s i o n s a n d s e c t i o n s a s appropriate in order to exercise its functions.
(2)The operations of the Agency shall follow an Agreement which is to be agreed upon in writing between the Permanent Secretary and the Agency. Role of the Chief Executive Officer. Amended by: L.N. 184 of 2023. 6.
(1)Subject to the other provisions of this Order, the e x e c u t i v e c o n d u c t o f t h e A g e n c y, i t s a d m i n i s t r a t i o n a n d organisation and the administrative control of its officers and employees, shall be the responsibility of a Chief Executive, who shall be appointed by the Minister.
(2)The Chief Executive shall be responsible for the implementation of the objectives of the Agency in the exercise of its functions and, without prejudice to the generality of the foregoing, he shall (
- a)assume full responsibility for the overall supervision and control of the units, divisions and sections; (
- b)assign to each unit, division and section such duties which he considers necessary or expedient; (
- c)co-ordinate the work of the units, divisions and sections; (
- d)develop the necessary strategies for the implementation of the objectives of the Agency; and (
- e)perform such other duties as the responsible Minister may assign to him from time to time. LOCAL ENFORCEMENT SYSTEMS (ESTABLISHMENT AS AN AGENCY) [ S.L.595.14
(3)The Chief Executive Officer shall be the prosecutor in any relevant hearing in the local tribunal and shall have the same powers assigned to the Executive Police in accordance with the Commissioners for Justice Act. Service of any summons shall be effected by the Chief Executive Officer as provided in article 6
(2)of the Commissioners for Justice Act or by the Executive Police or by a community officer; Provided that the functions of the Chief Executive Officer in accordance with this sub-article may be delegated to any other person as the Chief Executive Officer may determine. 6A. Without prejudice to any of the functions established in this order, the Agency shall implement the appropriate security measures, which may include inter alia, body-worn cameras or any other electronic devices, that the Agency may consider necessary for the purpose of ensuring the safety of the community officers in the performance of their duties. The recordings obtained from the said devices shall be strictly used for the purpose of the prosecution of criminal offences and criminal proceedings. 7.
(1)Public officers deployed with the Agency shall be deemed to be detailed with the Agency in accordance with article 33 of the Act. 3 Cap
- Security measures. Added by: L.N. 150 of
- Deployment of public officers and recruitment with the Agency.
(2)Subject to the provisions of the Act and of any other legislation, the Agency shall have authority to engage its own employees. 8. The Agency shall be governed by the provisions of the Public Finance Management Act unless otherwise stated in the Agency agreement between the Permanent Secretary and the Agency, in which case the provisions of the Agency agreement shall prevail. 8A.
(1)There shall be established a fund to be known as the Contingency Fund, with an authorised capital as recommended by the Advisory Board, after taking into account the Agency’s commitment and future plans, and that the amount shall be provided from appropriations made from time to time out of the net surpluses of any Agency. Financial arrangements. Cap. 601. Contingency Fund. Added by: L.N. 184 of 2023.
(2)The Agency shall have the power and authority to establish an amount from any net surpluses, which shall be used for the purpose of funding any worthy social or philanthropic causes, that may be identified from time to time. 9. The operations of the Agency shall follow an Agency p e r f o r m a nc e a g r e e m e n t w h i c h i s t o b e a g r e e d b e t w e e n t h e Permanent Secretary and the Agency. The provisions of article 30 of the Act shall apply. Other special arrangements applying to the Agency. 10.
(1)The Minister may establish an Advisory Board to assist the Chief Executive Officer in the discharge of his duties. Advisory Board.
(2)The Advisory Board established under this article shall be chaired by the Chief Executive Officer and shall consist of not less than two and not more than four members appointed by the Minister. 4 [ S.L.595.14 LOCAL ENFORCEMENT SYSTEMS (ESTABLISHMENT AS AN AGENCY)
(3)The remuneration paid to members of the Advisory Board shall be in accordance with the directives and guidelines issued by the Agency from time to time. Collection of fees. Added by: L.N. 150 of
- The Agency shall collect fees for services carried out in accordance with this order and the fees payable shall be those established by the Agency from time to time. Data protection. Added by: L.N. 150 of
- 12.
(1)The applicability of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and of the Data Protection Act including all the regulations made thereunder and the fundamental rights and freedoms of data subjects shall not be prejudiced by this order. Cap. 586.
(2)Where the processing of data is being conducted by any of the devices referred to in article 6A, the Agency in its function as data controller, shall implement visible notices, which may include inter alia, badges worn on, or next to the device, to ensure that the data subjects are informed of the processing operation at the time of collection of the data. The Agency shall provide the data subjects with all the relevant information referred to in Article 13
(1)and
(2)of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(3)The Agency shall ensure that the recordings processed by means of any of the devices referred to in article 6A are processed strictly for the purposes stipulated in the said article. Where the personal data is no longer necessary for the purposes for which the personal data is processed, the controller shall erase the personal data without undue delay.
(4)Where the Agency retains the recordings obtained in accordance with article 6A and such recordings contain personal data of natural persons that are not necessary for the purposes of the processing, the controller shall seek to blur out or anonymise such personal data, where possible and to the extent that such measure does not degrade the quality or usefulness of the data, and to the extent that such measure does not create a reasonable likelihood of rendering impossible or seriously impairing the achievement of the purposes of the processing.
(5)The Agency shall, after taking into account the status, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, implement the appropriate LOCAL ENFORCEMENT SYSTEMS (ESTABLISHMENT AS AN AGENCY) [ S.L.595.14 technical and organisational measures to ensure a level of security appropriate to the risk presented by the processing activity.
(6)The Agency shall grant access to recordings obtained by means of the devices referred to in article 6A solely to personnel duly authorised by the Chief Executive Officer and in accordance with a strict role-based access control mechanism.
(7)The Agency shall implement an internal policy to instruct the community officers on the appropriate use of the devices referred to in article 6A in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), specifying when and how these devices shall be used by community officers in the performance of their duties.
(8)The data protection officer designated by the Agency shall be involved and consulted in a timely manner on all issues in relation to the protection of personal data processed by the Agency. 5