L.S. 595.43 Regolamenti dwar l-Organizzazzjoni, l-Amministrazzjoni u l-Operat ta’ Korpi Speċjalizzati

(1)The title of these regulations is the Organisation, Administration and Operation of Specialised Units Regulations.

(2)The scope of these regulations is to establish commonly applicable regulations on the organisation, administration and operation of specialised units established in accordance with article 9 of the Public Administration Act.

1. requires: Citation and scope. Cap.
2. In these regulations, unless the context otherwise Interpretation. "Act" means the Public Administration Act; Cap.
3. "financial year" means the period of twelve

(12)months, starting 1st January and ending 31st December : Provided that the financial year which commenced on the date of publication of these regulations shall terminate on the 31st December 2023; "Head" means the Head of the specialised unit as provided in regulation 5; "Malta" shall have the same meaning as that assigned to it by article 124 of the Constitution; "Minister" means the Minister responsible for the specialised unit; "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 the specialised unit; "Principal Permanent Secretary" shall have the same meaning as assigned to it in the Act; "public administration" shall have the same meaning as assigned to it in the Act; "specialised unit" means the specialised units established by the Prime Minister by an order in the Gazette in accordance 2 [ S.L. 595.43 ORGANISATION, ADMINISTRATION AND OPERATION OF SPECIALISED UNITS with article 9 of the Act. Without prejudice to article 9 of the Act. 3. These regulations are without prejudice to the power of the Prime Minister under article 9 of the Act. Establishment of a specialised unit. 4.

(1)A specialised unit shall be established in accordance with the exigencies and requirements of the public administration and for a number of functions to be executed in a defined period.

(2)The Prime Minister may establish a specialised unit in his discretion or after consideration of a formal request sent by a Permanent Secretary to establish a specialised unit.

(3)The formal request listed in sub-regulation

(2)shall include the functions that are proposed to be assigned to the specialised unit, description of the same, and the proposed defined period. The request shall also be signed by the Minister proposed to be responsible for the specialised unit or by the Principal Permanent Secretary.

(4)The Prime Minister shall prescribe the functions and the defined period mentioned in sub-regulation

(3)in the order issued in accordance with article 9 of the Act.

(5)A specialised unit shall not have legal personality and shall be considered to be part of the Ministry of the Minister: Provided that if the Prime Minister considers that the specialised unit requires a separate legal personality in order to be able to operate and execute its functions in the best way, the Prime Minister shall prescribe that the specialised unit has legal personality in the order issued in accordance with article 9 of the Act.

(6)For the purpose of carrying out its functions, a specialised unit may collaborate with ministries, departments, authorities, corporations and government agencies, local councils, regional councils, non-governmental organisations, private organizations and enterprises, and other persons.

(7)(

1. a)The Minister may on request of the Permanent Secretary, following consultation with the Prime Minister, appoint a Supervisory Board with the role of supervising the operation and the performance of the functions by the specialised unit; (
2. b)The Supervisory Board shall be made up of a Chairperson, two

(2)ordinary members who shall be appointed by the Prime Minister and a secretary who shall be appointed by the Minister: Provided that the secretary shall be responsible for taking the minutes of the Board's meetings and for the Board’s communication, and shall be a non-voting member of the Board: ORGANISATION, ADMINISTRATION AND OPERATION OF SPECIALISED UNITS [ S.L. 595.43 3 Provided further that the ineligibility mentioned in regulation 5

(5)shall apply mutatis mutandis to the persons appointed on the Board, and the persons working in the specialised unit shall be deemed ineligible to serve on the Board. (

1. c)The Supervisory Board may adopt general procedures for its operation; (
2. d)The members of the Supervisory Board may be paid a remuneration in accordance with the applicable directives and guidelines issued by the Government from time to time.

(8)The existence of a specialised unit shall terminate, whichever of the following occurs first: (

1. a)at the end of the defined period; or (
2. b)upon the performance of functions: Provided that if the defined period expired and the functions have not been performed completely and there is a need that the specialised unit should continue to exist until the carrying out of the assigned functions are completed, the Prime Minister may amend the order issued in accordance with article 9 of the Act and extend the existence of the specialised unit by a number of months but which shall not exceed more than three

(3)years. 5.

(1)Public officers may be assigned by the Prime Minister to work in a specialised unit.

(2)The assignment of a public officer to work in a specialised unit shall not prejudice or affect the working conditions, to which the same public officer is entitled, and throughout the period of the assignment, he shall continue to be considered to be a public officer.

(3)A specialised unit shall be managed by a Head, appointed by the Minister: Provided that the Minister shall ensure that the person appointed as Head has qualifications or experience that can help him in fulfilling his role in the specialised unit.

(4)The Head shall report to the Permanent Secretary.

(5)A person shall not be eligible to serve as Head or shall be disqualified from continuing to serve as Head: The operation of a specialised unit. 4 [ S.L. 595.43 Cap. 9. Cap. 386. ORGANISATION, ADMINISTRATION AND OPERATION OF SPECIALISED UNITS (

1. a)where such person is convicted of any crime mentioned in Titles V, VI and IX of Part II of Book First of the Criminal Code; (
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 money laundering, or has 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 accordance with article 79 of the Constitution, or a Parliamentary Secretary appointed in accordance with 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 carrying out of his functions as Head.

(6)Without prejudice to article 9

(3)of the Act, the Head shall in the carrying out of his duties, act with prudence, diligence, attention and observe the utmost good faith.

(7)The term of office for the Head shall not be connected to the defined period of the specialised unit: Provided that the term of office of a Head shall end if the defined period of the specialised unit expires, and may also end upon the death or the resignation of that Head or the disqualification of that person to continue serving as Head. Financing, financial control and accountability of the specialised unit. 6.

(1)The expenditure of the specialised unit required for the fulfilment of the work and the proper performance of its functions shall be established by the estimates allocated to the Ministry of the Minister.

(2)If required in the performance of its functions, the specialised unit may impose fees, rates and other charges as may be published or agreed upon by the Ministry of the Minister with third parties.

(3)The Head shall be responsible for managing the specialised unit within the given financial parameters. ORGANISATION, ADMINISTRATION AND OPERATION OF SPECIALISED UNITS [ S.L. 595.43

(4)(

1. a)The specialised unit shall prepare an annual report where it shall render an account of its operation, activities, and financial management in respect of each financial year; (
2. b)(
3. c)In its annual report, the specialised unit shall provide: (
4. i)an overview of the operation of the specialised unit during that financial year, including reference to the implementation of the functions, the objectives reached, and the governance of the specialised unit; and (
5. ii)an overview of the operation of the specialised unit from a financial aspect; The specialised unit shall, within five

(5)months from the commencement of the financial year, transmit and present the annual report with regard to the preceding financial year to the Minister and the Permanent Secretary. 5