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L.S. 595.29 Ordni li jistabbilixxi l-Aġenzija Malta International Contemporary Art Space (MICAS)

MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) [ S.L. 595.29 1 SUBSIDIARY LEGISLATION 595.29 MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) ORDER 28th September, 2018 LEGAL NOTICE 308 of 2018, as amended by Legal Notices 154 of 2021 and 205 of

  2. The title of this order is the Malta International Contemporary Art Space (MICAS) (Establishment as an Agency) Order.
  3. In this order, unless the context otherwise requires: "Act" means the Public Administration Act, unless otherwise indicated; "Agency" means the Malta International Contemporary Art Space Agency established by article 3; "Board" means the Board of Management as established by article 4; "Chairperson" means the Chairperson of the Board appointed in terms of article 4

(2)(a); "Executive Head" means the Executive Head as provided for in article 6; "financial year" means the period of twelve
(12)months, starting 1st January and ending 31st December of every year; "Malta" shall have the meaning as assigned to it by article 124 of the Constitution; "Minister" means the Minister responsible for culture; "performance agreement" means the Agency agreement as provided for in article 7
(2)(a); "Permanent Secretary" means the person, appointed in terms of article 92 of the Constitution who is assigned and acts in the role of Permanent Secretary as described in the Act within the Ministry responsible for culture; "specialised committees" means the specialised committees of the Agency as provided for in article
  1. Citation. Substituted by: L.N. 205 of
  2. Interpretation. Substituted by: L.N. 205 of
  3. Cap.
  4. 2 MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) [ S.L. 595.29 Establishment of the Agency. Substituted by: L.N. 205 of
  5. 3.
(1)There shall be an Agency to be known as the Malta International Contemporary Art Space Agency, for the primary purposes of promoting contemporary art, providing a national and international platform for contemporary art in Malta, and cultivating a sense of artistic culture among the public.
(2)The Agency shall be a body corporate having a distinct legal personality and shall be capable, subject to the provisions of this order, of entering into contracts, of employing personnel, of acquiring, holding and disposing of any property for the purpose of its functions, of suing and of being sued, of doing all such things and entering into all such transactions that are incidental or conducive to the exercise and performance of its functions in accordance with this order, and any other function or operation of Government as may be assigned in accordance with the law.
(3)The legal representation of the Agency shall be vested in the Chairperson: Provided that the Chairperson may, from time to time, and under such terms and conditions and with such powers as he determines in writing presented in a meeting of the Board where they are approved by the said Board, appoint any one
(1)or more of the members of the said Board, or any one
(1)or more of the officers or employees of the Agency, to appear in the name and on behalf of the Agency in any judicial proceedings or on any act, contract, instrument or other document whatsoever. Board of the Agency. Substituted by: L.N. 205 of 2023. 4.
(1)The Agency shall have a Board of Management, with the primary role of overseeing the management of the Agency administratively and artistically.
(2)The Board shall be composed of the following members: (
  1. a)the Chairperson, who shall be appointed by the Minister after consultation with the Permanent Secretary; (
  2. b)the Deputy Chairperson, who shall be appointed by the Minister after consultation with the Permanent Secretary; (
  3. c)not less than three
(3)and not more than seven
(7)ordinary members, appointed by the Minister, who shall possess professional qualifications or technical expertise or knowledge or experience in the contemporary art sector or show that they have skills in matters related to the contemporary art sector or have skills and competences that by means of which they may assist the Board in the fulfilment of its role; (d) the Secretary, who shall be appointed by the MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) [ S.L. 595.29 Minister after consultation with the Chairperson.
(3)A person shall not be eligible to serve as a member of the Board or shall be disqualified from continuing to serve as a member of the Board where such person: (
  1. a)is convicted of any of the crimes mentioned in Titles V, VI and IX of Part II of Book First of the Criminal Code;    Cap. 9. (
  2. b)is subject to a disqualification under article 320 of the Companies Act;   Cap. 386. (
  3. c)is convicted of theft or fraud, or of knowingly receiving property obtained by theft or fraud or of money laundering or of bribery, or has otherwise been sentenced to imprisonment for a term not less than three
(3)months; (
  1. d)is legally interdicted or incapacitated; (
  2. e)is a Judge or Magistrate of the Courts of Justice; (
  3. f)is a member of the Cabinet in accordance with article 79 of the Constitution or a Parliamentary Secretary appointed in accordance with article 88 of the Constitution; or (
  4. g)has a financial interest or any other interest in any enterprise or activity which is likely to affect the discharge of his functions as Board member.
(4)All the members of the Board, regardless of their role, shall: (
  1. a)in the execution of their duties, act with prudence, diligence, attention and observe the good faith; (
  2. b)abide by the Code of Ethics for Board members in the Public Sector issued by the Office of the Prime Minister; and (
  3. c)sign an understanding outlining their duties as Board members, including the duty of confidentiality and regulating conflicts of interest.
(5)The term of office for the members of the Board shall expire after a period of three
(3)years from appointment: Provided that the term of office of a member of the Board may also end upon the death or resignation of that member or the disqualification of that person from continuing to serve as a member: Provided further that the term of office of persons who 3 4 MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) [ S.L. 595.29 are serving as members of the Board on the appointed date may be terminated by the Minister or renewed by the Minister in accordance with the provisions of this order.. Meetings  of the Board. Substituted by: L.N. 205 of 2023. 5.
(1)The quorum necessary for the operation of the Board shall be half the members in office together plus one
(1): Provided that a person, with the approval of the Chairperson, may be invited by any member of the Board or by the Minister to attend a meeting of the Board as an observer, with the right and time to speak as may be granted by the member chairing the meeting: Provided further that the Executive Head shall have the right to request to attend a meeting of the Board as an observer to make presentations on any matter relating to the conduct of the Agency’s affairs or the performance of the Agency’s function.
(2)The Board shall endeavour to meet at a minimum of once every two
(2)calendar months, on such date and at such time set by the Chairperson after consultation with the other members of the Board: Provided that the Chairperson shall make the necessary effort and arrangements to enable all the members to attend the meeting on the set date and time.
(3)In the absence of the Chairperson, the meetings shall be chaired by the Deputy Chairperson.
(4)The Secretary shall also be responsible for taking minutes of all the procedures of the meetings of the Board, and for keeping a record within the said minutes of all the questions raised, the correspondences and documents submitted, and any declarations of the directions taken in the books kept for that purpose.
(5)When the circumstances so require: (
  1. a)that a vote shall be taken, each member of the Board shall have an original vote, except for the Secretary who shall be a non-voting member of the Board; (
  2. b)that a tie-breaking vote shall be taken, the member chairing the meeting shall be vested with a casting vote; (
  3. c)that a member or observer is to be removed during one
(1)or more meetings, the member chairing the meeting shall have the power to order the removal of such member or observer; (
  1. d)that the term of office of a member is to be suspended temporarily, the member may suspend himself or be MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) [ S.L. 595.29 5 suspended by the Minister: Provided that: (
  2. i)in the case of self-suspension, the member shall write to the Board and the Minister informing them of the self-suspension; and (
  3. ii)in the case of a member being suspended by the Minister, the Minister shall write to the member being suspended and to the Board explaining the reasons for the suspension: Provided further that the members shall not be allowed to take a vote ordering the suspension of the term of office of a member. (
  4. e)that a member is to be removed from office, the member may be removed by the Minister: Provided that the Minister shall write to the member being removed from office and to the Board explaining the reasons for the removal: Provided further that the members shall not be allowed to take a vote ordering the removal of a member from office.
(6)The Board shall afford to the Minister facilities for obtaining any information with regard to the property and activities of the Agency, and shall furnish the Minister with returns, accounts and any other information with respect to the functions of the said Agency, and afford facilities for the verification of any information furnished, in such manner and at such times as the Minister may so require.
(7)Without prejudice to the provisions of this order, the Board may regulate its own procedure generally and, in particular, regarding the holding of meetings of the Board, the notice that shall be given of such meetings, the proceedings in relation to them, the keeping of minutes, the custody, production and inspection of those minutes and the opening, keeping, closing and audit of accounts.
(8)The remuneration paid to members of the Board shall be in accordance with the applicable directives and guidelines issued by the Government from time to time. 6.
(1)The affairs and work of the Agency shall be the responsibility of and shall be managed by the Executive Head: Provided that for the purposes of the Act, the Executive Head is the Chief Executive Officer. Conduct of affairs of the Agency. Substituted by: L.N. 205 of 2023. 6 MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) [ S.L. 595.29
(2)The Executive Head shall be responsible in particular, but not limited to: (
  1. a)the day-to-day running of the Agency, and the coordination of work of the Agency; (
  2. b)the administration, the overall organisational supervision, general operational control of the Agency and of the officers and employees thereof; (
  3. c)the implementation of the performance agreement and the development of strategies necessary for the implementation of the Agency’s objectives and functions; (
  4. d)the collection, and to provide information and the carrying out of preparatory work for the purpose of reports on the operation of the Agency; (
  5. e)the internationalisation, and the development of a relationship, collaboration and coordination with natural as well as legal persons, public entities and local, national and international organisations.
(3)The Executive Head may establish units, divisions and sections that are necessary in the organisational structure for efficient management of the affairs and the work of the Agency.
(4)The Executive Head shall: (a) assign to those units, divisions and sections that are established in accordance with sub-article
(3)those duties which he deems they may be delegated to the same; (b) coordinate the work of those units, divisions and sections so established in accordance with sub-article
(3).
(5)In the exercise of his power to appoint or re-appoint a person to the position of Executive Head, the Minister shall ensure that the chosen person has suitable qualifications and competences, and may appoint an Evaluation Committee for Appointments, with the role of managing the selection process, and evaluating the candidates who have submitted their names for the vacant position: Provided that the Evaluation Committee for Appointments shall be composed of persons with skills and competences related to the management of the Agency, and who are not members of the Board or are not under any disqualification stipulated in article 4
(3)and
(4).
(6)The provisions of article 4
(3)u
(4)and of article 5
(5)(
  1. d)and (
  2. e)shall apply mutatis mutandis for a person serving in the position MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) [ S.L. 595.29 7 of Executive Head.
(7)A person serving in the position of Executive Head shall hold office for a period of four
(4)years: Provided that the term of office may also end upon the death or resignation of that person or the disqualification of that person from continuing to serve in the position: Provided further that the term of office of the person who is serving as the Executive Head on the appointed date may be renewed by the Minister according to the provisions of this order. 7.
(1)It shall be the function and purpose of the Agency to: (
  1. a)promote contemporary art in Malta through, but not limited to, the performance of these functions, and promote knowledge, awareness, appreciation and enjoyment of contemporary art; (
  2. b)develop and maintain a national and international profile in the field of contemporary art; (
  3. c)strengthen and ensure the achievement of the highest quality in contemporary art, and this also through the publication of new policies and changes in the current policies; (
  4. d)support the strengthening of the various skills and talents in contemporary art, taking into account the cultural diversity and the local resources of contemporary art in Malta; (
  5. e)build the contemporary art contribution in the field of cultural promotion of Malta and in the field of local cultural tourism; (
  6. f)set up contemporary art space and galleries and hold local and international exhibitions and programs; (
  7. g)adopt those effective strategies so required to ensure the conservation of works of art in the art space; (
  8. h)foster a relationship between the field of contemporary art in Malta and that of other countries, through, but not limited to, the promotion and availability of its work on an international level, and supporting the position of Malta as a hub for contemporary art in Europe and the Mediterranean, and as an international partner in the cultural and creative fields; (
  9. i)establish a strong network of affiliations with local and international cultural organisations; Functions of the Agency. Substituted by: L.N. 205 of 2023. 8 MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) [ S.L. 595.29 (
  10. j)organise educational, training and development initiatives through, but not limited to, effective promotion and education in contemporary art; (
  11. k)determine further recognition of the Agency’s brand and safeguard the international recognition; (
  12. l)carry out those functions which may be considered ancillary to the functions referred to in this article.
(2)For the purpose of carrying out its functions, the Agency: (
  1. a)shall enter into a performance agreement with the Permanent Secretary who shall regulate the operation and projects of the Agency; (
  2. b)may collaborate with Ministries, Departments, authorities, corporations and agencies of Government, local councils, regional councils, non-governmental organisations, public cultural organisations and private ones, and other persons; (
  3. c)may enter into agreements, contracts and obligations with natural as well as legal persons, public entities and local, national and international organisations: Provided that the Agency, by means of a resolution of the Board endorsed by the Executive Head, shall seek to obtain the consent of the Minister before taking part in negotiations leading to and before taking part in the formation of a company or partnership or entering into a joint venture. Employees of the Agency. Substituted by: L.N. 205 of 2023. 8.
(1)Without prejudice to the provisions of the Constitution, and of any other law applicable thereto, and without prejudice to the other provisions of this order and any applicable directives, the appointment of employees of the Agency who are required for the proper and effective performance of its functions, shall be made by the Agency itself, with that remuneration and under those terms and conditions which may be determined by the Agency.
(2)(
  1. a)In accordance with the provisions of the Act and with the approval of the Prime Minister, the Agency may, from time to time, and after consultation with the Minister, request that any public employee shall be detailed for duty with the Agency in such capacity and with effect from such date as may be specifically requested, agreed or approved. (
  2. b)During the time within which a public officer is detailed for duty with the Agency, while he is under the administrative direction and control of the Agency, he shall remain and retain all the rights and obligations of a public officer, and for the purposes of any law relating MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) [ S.L. 595.29 9 to pensions for service with the Government, service with the Agency shall be regarded as service with the Government: Provided that in assessing the pensionable emoluments of such officer for the purposes of any law relating to government service pensions, no account shall be taken of any allowances, bonuses or gratuities paid to such officer by the Agency in excess of what he is entitled to as a public officer: Provided further that during the time within which he is so detailed to perform duties with the Agency, his terms and conditions of service shall not be less favourable than those which are attached to his appointment with the Government during the period aforesaid, and such terms and conditions shall not be deemed to be less favourable because they are not in all respects identical or superior to those enjoyed by the officer concerned on the date of such detailing, if in the opinion of the Prime Minister such terms and conditions, taken as a whole, offer substantially equivalent or greater benefits.
(3)The Agency shall follow the applicable directives and shall use the salary scale and grading structure as stipulated in the performance agreement. 9.
(1)The Agency shall have the specialised committees listed in sub-article
(2), which shall assist the Agency in the matters described in their role.
(2)The specialised committees shall be the following: (
  1. a)the Committee for Creativity, which shall have the role of assisting the Executive Head: (
  2. i)Agency; in designing the artistic strategies of the (
  3. ii)in the maintenance of the contemporary art space and galleries; (iii) in the organisation of exhibitions and in the design of artistic programs; (
  4. b)the Committee for Internationalisation, which shall have the role of assisting the Executive Head: (
  5. i)in designing the strategies internationalisation of the Agency; for the (
  6. ii)in the maintenance of a network of affiliations at on international level, including the creation and maintenance of collaborations at an international level; Specialised committees of the Agency. Substituted by: L.N. 205 of 2023. 10 [ S.L. 595.29 MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) (iii) in coordinating the work between the international emissaries of the Agency: Provided that sub-article
(3)shall apply mutatis mutandis for persons serving in the office of international emissaries of the Agency.
(3)(a) The specialised committees shall be composed of not less than three
(3)and not more than five
(5)members, one
(1)of whom shall be appointed as Chairperson, and a Secretary, who shall be appointed by the Board. (b) In the exercise of his power to appoint or re-appoint persons in the position of member of a specialised committee, the Board shall ensure that the person selected has appropriate qualifications and competences and is not under any disqualification stipulated in the provisions of article 4
(3)and
(4). (c) The term of office for the members of specialised committees shall expire after a period of three
(3)years from the appointment: Provided that the term of office may also terminate with the death or resignation of that person or the disqualification of that person from continuing to serve in office or by a decision in writing of the Board. Financing, financial control and accountability of the Agency.  Cap. 601. Amended by: L.N. 154 of 2021. Substituted by: L.N. 205 of 2023. 10.
(1)The Agency shall be regulated through the provisions of the Public Finance Management Act as provided for in article 31 of the Act.
(2)Subject to the provisions of this order, the Agency shall carry out its work in such a way that the expenditure required for the proper performance of its functions shall, as far as is practicable, be met from its income and from the commercialization of its operation.
(3)The Agency shall also receive from the Government, from the Consolidated Fund, those amounts that may, from time to time, be authorised for allocation to cover part of its expenditure that cannot be met from its income and from the commercialisation of its operation, as well as costs for specific works to be continued or to be otherwise executed by the Agency.
(4)Subject to any decision which the Minister may, from time to time, make after consultation with the Minister responsible for finance, any excess of income over expenditure shall be applied by the Agency to the formation of reserve funds which shall be used for the objectives of the Agency: Provided that the Minister and the Minister responsible for finance may, in writing, order the Agency: MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) (i) income; or [ S.L. 595.29 to transfer to the Government that excess on (ii) to apply such excess revenue in such manner or for such purpose as may be specified.
(5)Any funds of the Agency which are not immediately required to meet the expenditure, may be invested in such manner as may be approved by the Permanent Secretary, from time to time.
(6)The Agency, in the performance of its functions, may impose fees, rates and other charges as may be published or agreed upon with third parties.
(7)The Executive Head shall be responsible for administrating the Agency within the financial parameters of the Agency.
(8)(
  1. a)The Agency shall prepare an annual report where it shall render an account of its operation, activities and financial situation in respect of each financial year. (
  2. b)In its annual report, the Agency shall provide: (
  3. i)an overview of the Agency’s operation during that financial year, including reference to the implementation of the incorporated functions and the Agency’s corporate governance; and (
  4. ii)a financial statement and the report of the auditors, appointed by half of the members of the Board plus one
(1), containing a statement: (
  1. aa)on the financial position; (
  2. bb)on the financial performance; (
  3. cc)equity; (
  4. dd)on the changes in net assets or on the cash flow; (
  5. ee)of the comparison between the estimates prepared for the financial year under evaluation and the actual expenditure of the financial year under evaluation, and between the actual expenditure of the financial year under evaluation and the actual expenditure of the previous year; (
  6. ff)containing the opinion of the auditors on the procurement management, 11 12 [ S.L. 595.29 MALTA INTERNATIONAL CONTEMPORARY ART SPACE (ESTABLISHMENT AS AN AGENCY) financial position and performance of the Agency; (
  7. gg)containing notes, including a summary of significant accounting policies and other explanatory notes: Provided that the contract of service with the appointed auditors shall be concluded within one
(1)month from the end of the financial year and the auditors shall be bound to conclude their work and provide the Agency with the report within five
(5)months from the date of conclusion of the contract of service. (c) The Agency shall, within five
(5)working days of receipt of the audit report from the auditors, transmit and present the annual report to the Minister and the Permanent Secretary. (d) The Minister shall, within ten
(10)working days after the receipt of the annual report of the Agency, lay the annual report on the Table of the House, or if at any time during that period the House is not in session, within one
(1)week from the beginning of the following session.

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.