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L.S. 595.42 Ordni li jwaqqaf l-Aġenzija għall-Orkestra Filarmonika ta’ Malta

AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) [ S.L. 595.42 SUBSIDIARY LEGISLATION 595.42 AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) ORDER 17th October, 2022 LEGAL NOTICE 254 of

  2. The title of this order is the Agency for the Malta Philharmonic Orchestra (Establishment) Order, hereinafter referred to as "this order".
  3. In this order, unless the context otherwise requires: "Act" means, unless otherwise indicated, the Public Administration Act; Citation. Interpretation. Cap.
  4. "Agency" means the Agency for the Malta Philharmonic Orchestra 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); "Council" means the Arts Council Malta, the body corporate established in terms of article 3 of the Arts Council Malta Act; Cap. 542. "Executive Head" means the Executive Head as provided for in article 6; "Executive Team" means the Executive Team as provided for in article 6
(3); "financial year" means the period of twelve
(12)months, starting January 1st and ending December 31st: Provided that the financial year which commenced on the appointed date shall terminate on the 31st December 2023; "Gazette" shall have the same meaning as assigned to it in article 3 of the Interpretation Act; "Government" means, unless otherwise indicated, the Government of Malta; "Malta" means the island of Malta, the island of Gozo and the other islands of the Maltese Archipelago, including its Cap.
  1. 1 2 [ S.L. 595.42 AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) territorial waters; "Minister" means the Minister responsible for culture; Cap.
  2. "National Orchestra Limited" means the National Orchestra Limited, the private and limited liability company, with registration number C-21996, incorporated in Malta under the Companies Act on the 17th of October 1997; "National Philharmonic Orchestra" means the National Philharmonic Orchestra, formed in the year 1968 as the Manoel Theatre Orchestra, and established in the year 1997 as the National Orchestra, known from the year 2008 onwards as the Malta Philharmonic Orchestra; "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; Cap.
  3. Cap.
  4. Establishment of the Agency. "Public Cultural Organisations" shall have the same meaning as assigned to it in article 2 of the Arts Council Malta Act; "sector" means the cultural sector and refers to activities carried out by individuals, organisations and enterprises that operate in any of the activities listed in the Arts Council Malta Act. 3.
(1)There shall be a body, to be known as the Agency for the Malta Philharmonic Orchestra, and which may also be known as the Malta Philharmonic Orchestra, for the primary functions of adopting and implementing the artistic strategy of the National Philharmonic Orchestra, and to implement the objectives and perform all those functions established in this order and to create, maintain, organise, administer and supervise the organisation and implementation of a portfolio of national and international cultural and artistic events, festivals and cultural infrastructural projects related to the functioning of the National Philharmonic Orchestra.
(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 as are incidental or conducive to the exercise or performance of its functions under this order, and any other function or operation of government as may be assigned under law.
(3)The legal representation of the Agency shall be vested in the Chairperson: AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) [ S.L. 595.42 Provided that the Chairperson may, from time to time and under such terms and conditions and with such powers as he determines in writing and presents in a meeting of the Board, and which are approved by the Board, appoint any one
(1)or more of the members of the 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.
(4)The Minister shall assign to the Agency a company for the commercialisation of: (
  1. a)the operation of the Agency; (
  2. b)the property managed by the Agency; and (
  3. c)Orchestra. the functioning of the National Philharmonic 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 of the Agency. 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 Board of Directors of the company chosen in terms of article 3
(4); (c) not less than three
(3)and not more than seven
(7)ordinary members, appointed by the Minister, who shall possess professional qualifications, technical expertise, knowledge or experience in the sector of orchestral music, or show that they have skills in matters related to the orchestral music sector, or have skills and competences which may aid the Board in the fulfilment of its role; and (d) the Secretary, who shall be appointed from amongst the officers or the employees of the Agency by the Minister after consultation with the Chairperson.
(3)A person shall not be eligible to serve as member of the Board or shall be disqualified from continuing to serve as member of the Board: (
  1. a)where such person 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. 3 4 [ S.L. 595.42 Cap. 386. AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) (
  2. b)where such person is subject to a disqualification under article 320 of the Companies Act; (
  3. c)where such person is convicted of theft or fraud, or of knowingly receiving property obtained by theft or fraud or of bribery or of money laundering, or has otherwise been sentenced to a term of imprisonment for a term not less than three
(3)months; (
  1. d)where such person is legally interdicted or incapacitated; (
  2. e)where such person is a Judge or Magistrate of the Courts of Justice; (
  3. f)where such person is a member of the Cabinet in terms of article 79 of the Constitution or a Parliamentary Secretary appointed in terms of article 88 of the Constitution; or (
  4. g)where such person has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as Board member.
(4)All 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 utmost 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 his duties as Board member, including the duty of confidentiality and regulating conflicts of interest.
(5)The members of the Board shall hold office for a period of three
(3)years: 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. The meetings of the Board. 5.
(1)The quorum necessary for the operation of the Board shall be half the members in office 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 provided by the member chairing the meeting: AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) [ S.L. 595.42 Provided further that the Executive Head and the Executive Team 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 functions.
(2)The Board shall endeavour to meet at a minimum of once every calendar month, 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 meetings of the Board, and for keeping a record within such 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 is to 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 is to 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 from one
(1)or more meetings, the member chairing the meeting shall have the power to order the removal of the 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 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: 5 6 [ S.L. 595.42 AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) 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 other information with respect to its functions, 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 to 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. The conduct of affairs of the Agency. 6.
(1)The affairs and work of the Agency shall be the responsibility of and shall be managed by the Executive Head.
(2)The Executive Head shall be responsible in particular, but not limited to: (
  1. a)the day-to-day running of the Agency; (
  2. b)the overall organisational supervision, general control and coordination of the work of the Agency; (
  3. c)the implementation of the performance agreement and the development of strategies necessary for the implementation of the Agency’s objectives; (
  4. d)the collection, provision of information and carrying out of preparatory work for the purpose of reports on the operation of the Agency; AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) (
  5. e)[ S.L. 595.42 the management of the Executive Team.
(3)In the execution of his role, the Executive Head shall be assisted by the Executive Team, which shall be composed of the following members: (
  1. a)the Administrative Head, who shall be responsible for, but not limited to, the human resources, the financial supervision, the business plan and the budget of the Agency; (
  2. b)the Head of Development, who shall be responsible for, but not limited to, the management of the Agency's communication and marketing, and internationalisation; (
  3. c)the Head of Operations, who shall be responsible for, but not limited to, logistics, and the development of a relationship, collaboration and coordination with the Council and other Public Cultural Organisations; (
  4. d)the Artistic Head, who shall be responsible for, but not limited to, the artistic development, training, educational initiatives, and coordination with the members of the National Philharmonic Orchestra.
(4)In exercising its power to appoint or to reappoint persons to the positions mentioned in this article, the Minister 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 post: 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 shall not be under any disqualification set out in the provisions of article 4
(3)and
(4).
(5)The provisions of articles 4
(3)and
(4)and of paragraphs (
  1. d)and (
  2. e)of article 5
(5)shall apply mutatis mutandis for persons serving in the positions mentioned in this article.
(6)Persons serving in positions mentioned in this article 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. 7. to:
(1)It shall be the function and object of the Agency The functions of the Agency. 7 8 [ S.L. 595.42 AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) (
  1. a)promote classical, modern and Maltese music, and promote music as a means of personal and community development; (
  2. b)promote, through the functioning of the National Philharmonic Orchestra, public knowledge and appreciation for music, and the talents linked to this art; (
  3. c)develop and maintain the national and international profile of the National Philharmonic Orchestra; (
  4. d)support and promote the National Philharmonic Orchestra, and provide the appropriate platform for the support, growth and development of the existing portfolio of the National Philharmonic Orchestra of festivals, recitals, music shows and existing concerts, and build the same portfolio by introducing new and innovative ideas and increasing audience involvement and participation; (
  5. e)promote, encourage and provide event execution and musical performance of the highest level, comparable to the levels of major international events; (
  6. f)develop the portfolio of concerts, events and festivals into a continuous creative platform for Maltese and international artists and creative operators through the commission of new work, also in partnership with public entities, local, national and international organizations and event organizers; (
  7. g)organize activities and events throughout Malta, and develop distinct plans for each activity and event to involve audiences and various sectors of society; (
  8. h)provide what is necessary to facilitate attendance at activities and events, and increase participation and audience involvement, and make use of technology, communication and collaboration for the full support of these same activities and events; (
  9. i)bring the music performed by the National Philharmonic Orchestra closer to the people by encouraging, building and increasing participation in activities and events, and this also through focused and effective communication; (
  10. j)procure instruments and other tools necessary for the functioning of the National Philharmonic Orchestra; (
  11. k)coordinate the travel and performances of the National Philharmonic Orchestra abroad, and encourage the role AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) [ S.L. 595.42 9 of the National Philharmonic Orchestra in the cultural promotion of Malta; (
  12. l)work closely with the relevant persons, public entities and organizations in order to develop and maintain the image and brand of Malta internationally in the sector of the functioning of the National Philharmonic Orchestra, and to promote and develop the same sector as a sector in local cultural tourism; (
  13. m)encourage a national arts and culture calendar, offering a consolidated program and spur greater synergies, impact and alignment in public and private cultural organisations; (
  14. n)establish a strong network of affiliations with local and international cultural organizations, which may also include partnerships in local, regional and international concerts, events and festivals; (
  15. o)provide the instruments for the full support of events and festivals in Malta and beyond, through technology, communication, marketing and common aid; (
  16. p)organise educational initiatives and training; (
  17. q)determine further brand recognition for the Agency’s product; and (
  18. r)do those things that can be considered ancillary to the functions provided for in this article.
(2)For the purpose of carrying out its functions, the Agency: (
  1. a)may collaborate with Ministries, Departments, authorities, corporations and agencies of Government, local councils, regional councils, non-governmental organisations, Public Cultural Organisations and other persons; (
  2. b)may enter into agreements, contracts and obligations with natural as well as legal persons, public entities and local, national and international organisations; (
  3. c)shall closely collaborate with the company chosen in terms of article 3
(4)for the commercialisation of the operation of the Agency and the functioning of the National Philharmonic Orchestra. 8.
(1)From the appointed date: (
  1. a)the employees of National Orchestra Limited shall become employees of the Agency under the same terms and The employees of the Agency. 10 [ S.L. 595.42 AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) conditions as existant on the appointed date; (
  2. b)the employment contracts and collective agreements concluded by National Orchestra Limited, and which are still active and valid on the appointed date, shall remain in force as if these contracts had been concluded by the Agency; and (
  3. c)contracts of service concluded by National Orchestra Limited with musicians of the National Philharmonic Orchestra, and which are still active and valid on the appointed date, shall remain in force as if these contracts had been concluded by the Agency. Cap. 452.
(2)All employees of the Agency shall be considered as employees of the Agency from the appointed date in terms of article 38 of the Employment and Industrial Relations Act.
(3)Without prejudice to the provisions of the Constitution, 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 necessary 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.
(4)(
  1. a)In accordance with the provisions of the Act and with the approval of the Prime Minister, the Agency may request from time to time and after consultation with the Minister, 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)For the time when 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 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 he is so detailed to perform duties with the Agency, his terms and conditions of service shall not be less favourable than those AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) [ S.L. 595.42 11 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 at 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. c)The Agency shall use the salary and grading structure adopted by the Council: Provided that no position shall be classified in a grade higher than Grade three
(3)of the service with the Government or any other grade that the Minister responsible for finance may from time to time by notice in the Gazette establish. 9.
(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 authorized for allocation to cover part of its expenditure that cannot be met from its income and from the commercialization 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: (a) income; or to transfer to the Government that excess on (b) 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 from time to time be approved by the Minister. Financing, financial control and accountability of the Agency. Cap. 601. 12 [ S.L. 595.42 AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT)
(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)(
  1. a)The Executive Head shall be responsible for administrating the Agency within the financial parameters of the Agency. (
  2. b)The Head of Administration shall ensure that the Agency operates in strict compliance with the financial regulations provided for in this order and any other applicable Government financial regulations.
(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 enshrined functions and the Agency’s corporate governance; and (
  4. ii)a financial statement and the report of the auditor or 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 examination and the actual expenditure of the financial year under examination, and between the actual expenditure of the financial year under examination and the actual expenditure of the previous year; (
  6. ff)containing the opinion of the auditor or auditors on the procurement management, financial position and performance of the Agency; (
  7. gg)containing notes, comprising a summary of significant accounting policies and AGENCY FOR THE MALTA PHILHARMONIC ORCHESTRA (ESTABLISHMENT) [ S.L. 595.42 other explanatory notes: Provided that the contract of service with the appointed auditor or auditors shall be concluded within one
(1)month from the end of the financial year and the auditor or auditors shall be bound to conclude their work and provide the Agency with the report within five
(5)months from the date of the contract of service. (c) The Agency shall, within five
(5)working days of receipt of the audit report from the auditor or auditors, transmit and present the annual report to the Minister and the Permanent Secretary. (d) The Minister shall, within five
(5)working days of 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 next following session. 13

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