[ S.L. 595.31 LAND REGISTRATION AGENCY (ESTABLISHMENT) 1 SUBSIDIARY LEGISLATION 595.31 LAND REGISTRATION AGENCY (ESTABLISHMENT) ORDER 15th January 2019 LEGAL NOTICE 4 of 2019, as amended by Legal Notice 327 of 2024. 1. The title of this Order is the Land Registration Agency (Establishment) Order. 2. Citation. In this Order, unless the context otherwise requires: Interpretation. Amended by: L.N. 327 of 2024. "the Act" means the Public Administration Act; Cap. 595. "Agency" means the established by this Order; Land Registration Agency "Chief Executive Officer" means the Chief Executive Officer appointed in terms of article 6; "Committee" means the appointed in terms of article 11; Consultative Committee "Minister" means the Minister responsible for the Land Registry; "Permanent Secretary" means the Permanent Secretary in the Ministry responsible for Land Registration. 3. There shall be an agency, to be known as the Land Registration Agency which shall be responsible: (
- a)to carry out the functions and duties of public administration in relation to the following matters:: Establishment and functions of the Land Registration Agency. Amended by: L.N. 327 of 2024. (
- i)land registration, as regulated under the Land Registration Act; Cap. 296. (
- ii)condominium registration, as regulated under the Condominium Act; Cap. 398. Provided that when the matters referred to in this sub-article consist of or include the administration or investment of funds, the Minister shall act with the concurrence of the Minister responsible for Finance in making the said determination; (
- b)to assist the Minister, from time to time, responsible for matters relating to Land Registration and Condominium Registration; 2 [ S.L. 595.31 Cap. 296. LAND REGISTRATION AGENCY (ESTABLISHMENT) (
- c)to see to the carrying out of the functions and duties of the Land Registrar appointed under the Land Registration Act. (
- d)exercise all the functions of the Land Registrar assigned to him in accordance with Land Registration Act and any other law. (
- e)to advise the Minister on any matter and action concerning policy and strategy on land registration that shall take due account of the specific circumstances and requirements of Malta, from time to time; (
- f)to administer any budgetary allocation as may be assigned to it for purposes related to land registration or such other purposes as may be related to such budgetary allocation; and (
- g)to carry out any other function related to the activities of land registration, as may be delegated to it by the Minister. Minister responsible for the agency. 4.
(1)The Minister responsible for the Agency shall be the Minister responsible for the Land Registry.
(2)The Permanent Secretary in the Ministry responsible for Land Registration will oversee the Agency in accordance with article 29 of the Act: Provided that the Prime Minister may assign responsibility of the Agency to another Minister and its supervision to the Permanent Secretary of that Ministry. Functions. Amended by: L.N. 327 of 2024. 5.
(1)The Agency, in consultation with the Minister, establish and reorganize units, divisions and sections as appropriate to exercise its functions. Agency Agreement
(2)The operations of the Agency shall be carried out in accordance with the Agency performance agreement made in accordance with article 30 of the Act. Chief Executive Officer. Substituted by: 6. The Minister shall appoint a Chief Executive Officer for a period of three
(3)years which may be extended for further periods of three
(3)years each. L.N. 327 of
- Responsability of the Chief Executive Officer. Substituted by: L.N. 327 of
- 7.
(1)Subject to other provisions of this order, the executive conduct of the Agency, its administration, organisation and the administrative control of its officers and employees, shall be the responsibility of the Chief Executive Officer.
(2)The Chief Executive Officer shall be responsible for the implementation of the objectives of the Agency in the exercise of its [ S.L. 595.31 LAND REGISTRATION AGENCY (ESTABLISHMENT) 3 functions and, without prejudice to the generality of sub-article
(1), it shall: (
- a)assume full responsibility for the overall supervision and general control of the units, divisions and sections; (
- b)assign to each unit, division and section such duties as considered necessary or expedient; (
- c)sections; coordinate the work of the units, divisions and (
- d)develop the necessary strategies implementation of the Agency’s objectives; and for the (
- e)perform such other duties as the Minister may assign from time to time. 8.
(1)Public Officials employed with the Agency will be considered to have been assigned with the Agency in accordance with article 33 of the Act.
(2)Subject to the provisions of the Act and any other legislation, the appointment of officers and other employees of the Agency shall be made by the Chief Executive Officer, in accordance with the policies of the Agency from time to time. The employment of the public officials and recruitment with the Agency Amended by: L.N. 327 of
- The Agency shall be subject to the provisions of Title 2 of Part III of the Act and shall be governed by those provisions. Agency to be subject to the Act.
- Without prejudice to any Agency performance agreement, the Agency shall be governed by the Public Finance Management Act. Financial Arrangements. Substituted by: L.N. 327 of 2024. Cap.
- 11.
(1)There shall be a Consultative Committee appointed by the Minister, which Committee shall assist the Chief Executive Officer. Consultative Committee. Substituted by: L.N. 327 of 2024.
(2)The Committee shall have the following functions: (
- a)to advise on the decisions entrusted to the Agency as the case may be; (
- b)to assess and provide recommendations to the Chief Executive Officer on issues regarding registration of land; (
- c)to provide recommendations to the Chief Executive Officer on the formulation, updating and implementation of policies and procedures on land registration and any such matter as may be necessary for the better carrying 4 [ S.L. 595.31 LAND REGISTRATION AGENCY (ESTABLISHMENT) out the functions of the Agency; and (
- d)to advise on long and short term objectives and strategies for the proper administration of the Agency.
(3)The Committee shall consist of the Chief Executive Officer as an ex officio member, a Chairperson and four
(4)other members who shall be appointed by the Minister.
(4)The Chairperson shall be in possession of a warrant to exercise the profession of a notary or an advocate.
(5)The Minister shall select the other members from among persons he deems qualified by reason of having had experience of and demonstrated capability in matters relating to the functions of the Agency conflict resolution or arbitration.
(6)The remuneration paid to the members of the Committee shall be in accordance with the Act and established guidelines and criteria as may be applicable from time to time within the public sector.
(7)Without prejudice to any other provision of this order, the Committee may make its own rules and otherwise regulate its own procedures after consultation with the Minister. Term of office of the members of the Committee. Added by: L.N. 327 of 2024. 12.
(1)The members of the Committee shall hold office for a period of up to three
(3)years and on such terms and conditions as the Minister may deem appropriate: Provided that a member shall, on the expiry of the term of appointment, be eligible for re-appointment for further periods of three
(3)years each: Provided further that any member may, before the expiration of the term of office, resign by letter addressed to the Minister.
(2)The Minister may at any time terminate the appointment of any member of the Committee if the Minister considers that such member is unfit to continue in office or has become incapable of properly performing the duties of a member of the Committee.
(3)If a member is appointed at any time after any one
(1)or more members have already been appointed, the term of appointment of all members shall end after three
(3)years since the appointment of the first member of the Committee. Secretary to the Committee. Added by: L.N. 327 of 2024. 13.
(1)There shall be appointed a Secretary to the Committee, who shall be appointed by the Minister for a period of three
(3)years and shall, on the expiry of the term of appointment, be eligible for re-appointment. LAND REGISTRATION AGENCY (ESTABLISHMENT) [ S.L. 595.31 5
(2)The Secretary to the Committee shall not be a member of the Committee but shall attend its meetings.
(3)The Secretary to the Committee shall be responsible for keeping the minutes of meetings of the Committee and for keeping such registers and records as the Secretary may be required to keep by the Committee: Provided that the Secretary shall transmit a copy of the approved minutes to the Minister after each meeting.
(4)The Secretary to the Committee shall ensure that at least seven
(7)days prior notice of all meetings is given to all Committee members. 14. Without prejudice to any other duty assigned to the members of the Committee, whether individually or collectively by this order or any other law, the members of the Committee shall: (
- a)act honestly and in good faith and promote the best interests of the Agency; (
- b)be obliged to exercise the degree of care, diligence and skill which would be exercised by a reasonably diligent person having both: (
- i)the knowledge, skill and experience that may reasonably be expected of a person carrying out the same functions as are carried out by or entrusted to said Committee member in relation to the Agency; and (
- ii)the knowledge, skill, and experience which such Committee member has; (
- c)not make any profit from their position, nor make personal gain or give any advantage to any third party from confidential Agency information; (
- d)ensure that their personal interests are not in conflict with the interests of the Agency; (
- e)not use any property or information of the Agency for their own benefit or for the benefit of any other person, nor obtain benefit in any other way in connection with the exercise of their powers; and (
- f)exercise the powers they have only for the intended purposes and not misuse such powers. Duties of the Committee. Added by: L.N. 327 of 2024.