Chapter 363 | Europaius

In short

This law, called the Local Government Act, establishes and regulates Local Councils in Malta. It outlines their creation, functions, and how they are managed.

What it regulates

The establishment and legal personality of Local Councils.
The number of councillors based on a locality's population.
The election of the Mayor and Deputy Mayor.
The financial year for Local Councils.

Who it concerns

Citizens of Malta aged sixteen years and over who are entitled to vote in Local Council elections.
Persons aged sixteen years and over who have the right to contest Local Council elections.

Key points

Every locality must have a Local Council with a distinct legal personality.
Local Councils cannot borrow or lend money, or enter commercial partnerships, without specific ministerial approval.
The number of councillors ranges from five for localities with under five thousand people, up to thirteen for localities with twenty thousand or more people.
A Local Council's Work Plan must be discussed at a public meeting within three months of the legislature's start.

Legal text

L O C A L GOVERNMENT [ CAP.

1 CHAPTER 363 LOCAL GOVERNMENT ACT To make provision for the setting up of Local Councils. 23rd July, 1993 1st January, 1994 lix. 1st April, 1995 1st April, 1996 ACT XV of 1993, as amended by Legal Notice 53 of 1995, Act XII of 1995; Legal Notices 170 of 1995, 28, 97 of 1996; Acts: VIII, XIII, XV of 1996; Legal Notice 205 of 1996; Act XVI of 1997; Legal Notices 107 of 1997, 87, 255 of 1998, Act XXI of 1999; Legal Notices 7, 19, 77 of 2001, 48, 79, 153 of 2002; Act XII of 2002; Legal Notice 117 of 2003; Acts XVI of 2003, III of 2004; Legal Notice 326 of 2004; Act I of 2005; Legal Notices 76, 158, 272 of 2005, 111, 181 of 2006; Acts II, XXI of 2007; Legal Notices 82, 96, 372, 425 of 2007, 26, 128, 161 of 2008; Acts XVI of 2008, XVI of 2009; Legal Notice 179 of 2010; Act V of 2011; Legal Notices 230, 231, 313 of 2011, 213, 426 of 2012, 36 of 2013; Acts VII, XVI of 2014; Legal Notice 157 of 2014; Acts XXIV, XL of 2015, and Legal Notices 268 of 2017 and 81 of 2020 and Acts XIX , XXVIII,and XL of 2018 ,XI and XIV of 2019 and XXI and LIX of 2020 and Legal Notice 12 of 2023 and Act XLI of
ARRANGEMENT OF ACT PART I. PART II. PART III. PART IV. PART V. PART VI. PART VII. Title and Interpretation Constitution of Councils The Office of Mayor Functions of Local Councils, Procedure and Meetings Officers and Employees Finance Miscellaneous Articles 1-2 3-24 25-32 33-48 49-54 55-68 69-81 SCHEDULES FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE SCHEDULE THREE-A FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE EIGHTH SCHEDULE NINTH SCHEDULE TENTH SCHEDULE ELEVENTH SCHEDULE Coats-of-Arms Localities and their Boundaries Local Councils (Elections) Regulations, 1993 The Local Council Elections (Electronic Counting and Sorting) Regulations, 2019 Items excluded from responsibility of Local Councils Oath of Office of Councillors/Mayor/Deputy Mayor Standing Orders Election of Mayor and Deputy Mayor Financial allocation to Councils Communities Local Councils’ Elections Schedule Regions TWELFTH SCHEDULE THIRTEENTH SCHEDULE FOURTEENTH SCHEDULE L O C AL GOVERNMENT Protocol for Regional Presidents, Mayors and Local Councillors Code of Ethics for Local Government Elected Representatives Councillors’ Responsibilities L O C A L GOVERNMENT [ CAP.
3 PART I Title and Interpretation
The short title of this Act is Local Government Act. Short title. Substituted by: XIV.2019.
In this Act, unless the context otherwise requires - Interpretation. Amended by: XV. 1996.67; XVI. 1997.8; XXI. 1999.2,3; XVI. 2003.24; I. 2005.2; XVI. 2008.47; XVI. 2009.3; L.N. 426 of 2012; XXVIII.2018.39; XI.2019.18; XIV.2019.5; LIX.2020.
"advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction, including any boarding or similar structure used or adapted for use for the display of advertisements; "Association" means the Association representing the Local Councils and Regional Councils recognized as such by the provisions of article 37

(3); "Auditor General" means the Auditor General appointed in terms of article 108 of the Constitution; "Commissioner for Justice" means any person appointed to such office according to article 3 of the Commissioners for Justice Act; "community" means any village as indicated in the Ninth Schedule; "councillor" means a member elected to the Local Council under the provisions of this Act; "Department" means the Department responsible for the monitoring and support of Local Government; "Director" means the Director General responsible for Local Government; "Electoral Commission" means the Electoral Commission established by article 60 of the Constitution; "Electronic Counting System" means the process, computer program and/or computer hardware, other equipment, data and services as may be necessary in order to: (

a)maintain relevant data in relation to the election being held; (
b)take an image of each ballot paper and interpret the preferences; (
c)establish a link between each vote stored electronically and the equivalent ballot papers by means of a unique identifier; (
d)process the collected data and ballots in such manner as to calculate the number of votes cast for each candidate at the election and determine the final result in terms of this Act and Local Councils (Elections) Regulations, 1993; and L O C AL GOVERNMENT (
e)ensure the retention of proper records. "Electoral Register" means the Electoral Register published in accordance with the provisions of the General Elections Act; "European Union Electoral Register" has the same meaning assigned to it by article 2 of the European Parliament Elections Act; "Executive Secretary" means the person occupying the post of an Executive Secretary of a Local Council or Regional Council in accordance with this Act; "financial year" means a twelve month period starting from the 1st of January and ending on the last day of December: Provided that the Minister may, after consultation with the Auditor General, by regulations provide a different interpretation to financial year; "Governance Board" m eans the Local G overna nce Board established by means of regulations issued by the Minister; "an identification document" means an identification document issued under the Identity Card and other Identity Documents Act; "Information and Data Protection Commissioner" means the official appointed in terms of article 11 of the Data Protection Act; "Local Government" includes both the Regional Councils as well as Local Councils; "Infrastructure Malta" means Agency for Infrastructure Malta as established by the Agency for Infrastructure Malta Act; "locality" means an area within set boundaries as designated in the Second Schedule; sohowever that when a set boundary so designated passes through a road dividing two localities, both sides of such road shall form part of the locality as indicated by arrows; "Local Council" means Local Council established under this Act; "local road" shall have the same meaning assigned to it in article 2 of the Agency for Infrastructure Malta Act; "Malta" has the same meaning assigned to it by article 124 of the Constitution; "Mayor" means the Mayor of a Council elected in accordance with the provisions of this Act; "Minister" means the Minister responsible for Local Government; "most senior councillor" means that councillor who has been continuously serving in office and who belongs to that party or organisation which in the last Local Election elected the majority of councillors; "motion" means any proposal or recommendation made by a Councillor as provided in this Act, which shall be so registered and discussed; ''the period of time reserved for viewing" means the period of time L O C A L GOVERNMENT [ CAP. 363. 5 which starts from such time when the Commission grants access to the party delegates to the images of each Electronic Ballot together with their interpretation and to the complete data set containing the preferences of voters as shown in the Electronic Ballots, and which expires four hours after the time the Commission forwards a copy of the Draft Result to party delegates in terms of regulation 13; "political party" means, except as otherwise provided for in this Act, any person or any group of persons contesting the elections of a Local Council as one group bearing the same name; "population of a locality" means the population, published by the Minister responsible for statistics in terms of article 73; "President" means the President of the Republic; "private road" shall have the same meaning assigned to it in article 2 of the Agency for Infrastructure Malta Act; "public body" includes a corporation set up by an Act of Parliament, any agency that may be set up by the Government and any limited liability company in which the Government of Malta has a controlling interest; "public officer" shall have the same meaning assigned to it by article 124 of the Constitution; "public service" shall have the same meaning assigned to it by article 124 of the Constitution; "Regional Council" shall have the same meaning as assigned to it in the Regional Councils Regulations; S.L. 363.160 "resolution" means a motion which was discussed and approved during a Local Council or Regional Council meeting, and which is so registered in the minutes of the same meeting; "road" shall have the same meaning assigned to it under article 2 of the Agency for Infrastructure Malta Act and for the purposes of this Act, where applicable, it shall also include any local road, alley, square, bridge, shore front, quay, or other place of public passage or access; "structure plan" has the meaning assigned to it by articles 44 and 72 of the Development Planning Act. PART II Constitution of Local Councils Substituted by: XIV.2019.6. 3.

(1)Every locality shall have a Local Council which shall have all such functions as are granted to it by this Act. Establishment of Local Councils. Amended by: XXI.1999.4; XVI. 2003.24; XVI. 2009.4; XIV.2019.7.

(2)The Local Council shall be a statutory local government authority having a distinct legal personality and capable of entering into contracts, of suing and being sued, and of doing all such things and entering into such transactions as are incidental or conducive to the exercise and performance of its functions as are allowed under this Act: Provided that the Council shall not have the power to: L O C AL GOVERNMENT (

a)borrow or lend any monies except with the authority in writing of the Minister with the concurrence of the Minister responsible for finance; (
b)enter into any form of commercial partnership in furtherance of its functions or otherwise, unless authorised to do so in writing by the Minister; (
c)delegate any of its functions in a manner other than that established by or under this Act; (
d)a Local Council may enter into public private partnerships both with the private sector or with nongovernmental organisations, following approval by the Director who shall grant such approval after evaluating the request, and after having obtained the approval of the Minister responsible for Finance and of the Minister responsible for Local Government. (2A) The Minister shall, after agreement with the Association, draw up a written policy regarding Local Government. No decision taken by a Local Council shall go against that established policy.

(3)Changes in the boundaries of localities shall be made only in exceptional circumstances and only by the Electoral Commission, after consultation with the Minister, the Local Coun cils concerned and, wherever possible, w ith the l ocal residents. The Electoral Commission shall effect such changes through a legal notice in the Gazette.

(4)Any such change shall be effected in the Electoral Register or in the European Union Electoral Register, as the case may require, and, for the purposes of article 55, such change shall have effect from the first day of April of the year following such change.

(5)Each locality shall be referred to by the name as designated in the Second Schedule and any reference to that locality shall be by the name so designated.

(6)A Local Council proposing to finance a project by means of a loan, shall submit its proposal for the approval of the Minister. Work plan. Added by: XIV.2019.8. 3A. By not later than three months from the start of the working of the legislature, a public meeting shall be summoned wherein the Council’s Work Plan shall be discussed. For this purpose, an invite shall be sent in every residence and the meeting shall be held in a suitable place. Candidature of sixteen

(16)year old persons. Added by: XIV.2019.

Substituted by: XLI.2023.
3B. Persons who attain sixteen

(16)years of age shall have the right to contest local council elections. Constitution of the Council. Amended by: XXI.1999.5; XVI.2009.5. 4.

(1)The number of councillors for each locality shall be determined by the following criteria: (

a)in the case where the population of a locality is under five thousand, the number of councillors shall be five; L O C A L GOVERNMENT [ CAP. 363. 7 (
b)in the case where the population of a locality is five thousand and over but less than ten thousand, the number of councillors shall be seven; (
c)in the case where the population of a locality is ten thousand and over but less than fifteen thousand, the number of councillors shall be nine; (
d)in the case where the population of a locality is fifteen thousand and over but less than twenty thousand, the number of councillors shall be eleven; and (
e)in the case where the population of a locality is twenty thousand or more, the number of councillors shall be thirteen.

(2)For the purposes of sub-article

(1), the population of a locality shall be as defined in article 2 and as published prior to the election of a Local Council.

(3)The Council shall be presided by a Mayor to be elected in accordance with the Seventh Schedule.

(4)A Deputy Mayor shall also be elected in accordance with the Seventh Schedule. The Deputy Mayor shall preside in the absence of the Mayor.

(5)For the purposes of sub-article

(1)article both the Mayor and the Deputy Mayor shall be deemed to be councillors. 5.

(1)Every citizen of Malta who, after the publication of the last revised Local Councils electoral register, attained or shall attain the age of sixteen years up to the day and including the day preceding the 2015 elections, and who has not been convicted of any offence connected with the election of members of Local Councils shall be entitled to vote in elections of the Local Councils.

(2)Every person who is a national of a Member State of the European Union who, after the publication of the last revised European electoral register, and every person who is of a United Kingdom nationality, who attained or shall attain the age of sixteen years and who has not been convicted of any offence connected with the election of members of Local Councils shall be entitled to vote in election of the Local Councils.

Repealed by Act XVI. 2003.
The persons entitled to vote at an election of Local Councils shall be the persons who are registered as voters in that part of the Electoral Register or the European Union Electoral Register which relates to the locality for which local councillors are to be elected. Persons entitled to vote. Amended by: XV.1996.67; XVI. 2003.
Substituted by: XVI. 2014.2 Amended by: XL.2018.
Substituted by: XIV.2019.
Special Register. Added by: XV.1996.
Persons entitled to vote in a particular locality. Amended by: XV.1996.67; XVI. 2003.
Election of councillors. Amended by: XXI.1999.6; XVI. 2003.24; XVI. 2009.6; XL. 2015.2; XIV.2019.
L O C AL GOVERNMENT 8.

(1)The elections of councillors shall be held every five years by means of the system of proportional representation using the single transferable vote, and this by means of manual voting as well as electronically: Provided that: (

a)the first elections of councillors to be held after the 11th April, 2015 shall be held in the year 2019 and shall, as much as possible, be held on the same day as the election of members of the European Parliament held in terms of the European Parliament Elections Act; (
b)all councillors who are in office immediately after the publication of the result of the elections of councillors held on the 11th April, 2015 shall, even if they have been elected at an election other than that held on the 11th April, 2015, remain in office until the holding of the next elections of councillors in terms of this proviso; (
c)where at any time prior to the holding of elections of councillors in 2019 a local council is dissolved an election of councillors shall be held in the locality of any such dissolved council prior to 2019 notwithstanding the provisions of paragraph (
a)of this proviso: Provided further that the Prime Minister may postpone the election of Local Councils or the election of councillors to be held following the dissolution of a Local Council by a period of not more than one year if during that period an election for Members of the European Parliament, the General Election or the referendum is due to be held, and this solely in order that the Local Councils elections may be held on the same day as the election for the European Parliament or the General Election.

(2)The conduct of the elections shall be the sole responsibility of the Electoral Commission which shall conduct such election and count the votes cast in accordance with the provisions of the Third Schedule.

(3)If no candidates are nominated to contest the election of a Local Council in accordance with the Third Schedule, the Minister shall appoint a Committee of Management chaired by the President of the Association or his representative, which shall perform all such duties as are competent on the Council until a new Council is elected: Provided that the Electoral Commission shall, at a date determined by the Minister, but in any case within twelve months of the date on which the election was due to be held, hold an election for a new Council: Provided further that any new Council shall serve for such term of office as would have been served by any councillor who would have been elected in the election for which no candidates had been nominated. L O C A L GOVERNMENT [ CAP. 363. 9

(4)Whenever, in accordance with the Third Schedule, a cooption has to be effected, such co-option shall be made by the e l e c t e d c o un c i l lo r s a t t h e i r fi r s t si t t i n g a n d , i f a p p l i c a b le , immediately after having elected the Mayor and Deputy Mayor. (4A) The eligibility and qualifications criteria established for the election of a member of a Council under articles 11 and 12 shall also apply to a person nominated for co-option. (4B) When a member is so co-opted to the Council the Executive Secretary shall cause the name of such Councillor to be published in the Gazette. (4C) The provisions of this Act shall apply to co-opted C o u n c i l l o r s i n t h e s a m e m a n n e r t h a t t h e y a p p l y t o el e c t e d Councillors.

(5)If elections for councillors are due to be held within four months of the holding of general elections, European Parliament elections or referenda, the election of councillors may be postponed or brought forward to a date determined by the Minister, but in any case not later or earlier than four months of the holding of such general elections, European Parliament elections or referenda: Provided that, in the event that the elections are so postponed or brought forward, the term of office of councillors in office at the time of such postponement or bringing forward shall be extended or reduced by the same period by which the elections are postponed or brought forward and that of the councillors subsequently elected shall be reduced or extended by the same period by which the term of office of the previous councillors has been extended or reduced.

(6)Elections shall be held on the same day of the Elections for the European Parliament.

(7)The councillors whose mandate expires on 31 May 2019 shall have their mandate extended till 30 June 2019, and the councillors elected in the elections held on 25 May 2019 shall assume office as from 1 July

Whenever a casual vacancy occurs in the membership of a Local Council, written notification of such vacancy shall be sent to the Minister and to the Chief Electoral Commissioner by the Executive Secretary within two working days after the vacancy has occurred, and a casual election to fill the vacancy shall be held in accordance with the provisions of the Third Schedule on a day to be fixed by the Electoral Commission being not more than thirty days after the date on which such vacancy has occurred: Casual vacancies. Amended by: XXI.1999.3; XVI. 2009.
Provided that if a casual vacancy occurs as aforesaid within three months before the expiration of the term of office of the Council, no casual election shall be held and the Council shall be deemed to be fully constituted for the purposes of this Act.
Until such time as a casual vacancy is duly filled, the Council shall be deemed to be fully constituted for the purposes of this Act and any proceedings, actions and decisions of the Council Vacancy not to invalidate proceedings. L O C AL GOVERNMENT shall be deemed valid. Eligibility for Election as councillors. Amended by: XV.1996.67; XXI.1999.7; XII. 2002.2; XVI. 2003.24; I. 2005.
A person shall be qualified to be elected as a member of any Council if such person is registered as a voter in the Electoral Register or the European Union Electoral Register: Persons not qualified to stand for Council. Amended by: XV.1996.67; XII. 2002.3; XVI. 2003.24; I. 2005.6; XVI. 2009.9; VII. 2014.11; XIV.2019.
No person shall be qualified to stand for election as a member of a Council or to remain a member thereof if: Provided that no person may contest the election of more than one locality in any local election: Provided that in the case of public officers, Public Service Management Code may from time to time restrict any class or classes of public officers from contesting the elections for councillors and that for the purposes of this proviso "Public Service Management Code" means the body of regulations from time to time applicable in the public service. (a) he is a member of the House of Representatives or of any similar institution in another Member State of the European Union; (aa) he is a member of the European Parliament; (b) he is a member of any disciplined force as defined in article 47

(1)of the Constitution of Malta; (

c)(deleted by Act I. 2005.6); (
d)he is a person in the employment of the Council for which elections are to be held or Executive Secretary in any one of the Local Councils or Regional Councils; (
e)he is a person who holds any office the functions of which involve any responsibility for or in connection with the conduct of any election of members of the Council or the compilation of or revision of any electoral register; (
f)he is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in Malta; (
g)he is interdicted or incapacitated for any mental infirmity or for prodigality by a court in Malta, or is otherwise determined to be of unsound mind; (
h)he is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by any court in Malta; (
i)he is a member of the judiciary; (
j)he is disqualified from membership of the Council by or under this Act or any other law for the time being in force in Malta: Provided that no councillor shall remain in office if at any time during his term of office he is elected or chosen as Councillor of any other Local Council or of any similar institution in any other member state: L O C A L GOVERNMENT [ CAP. 363. 11 Provided further that in the event of any of the circumstances mentioned in this article, the Minister shall be informed and shall declare the office as vacant. 13.

(1)No councillor duly elected shall without his consent be transferred by Government or otherwise placed in a position which disqualifies him from holding the office of councillor, Mayor or Deputy Mayor. Councillor ceasing to be qualified to stand for Council.

(2)If a councillor ceases to be qualified by reason of any provision of this Act, he shall thereupon cease to be a member and the provisions of article 9 shall apply. 14.

(1)Elected councillors shall hold office from the first day of the month immediately following their election, provided that councillors elected or co-opted to fill a casual vacancy shall hold office from the day they are so elected or co-opted, and they shall remain in such office until the expiration of the term of the Council or until such time as the councillor shall have resigned or shall have b e e n r e m o v e d f r o m o ff i c e b e f o r e t h e l a p s e o f t h e t e r m o r disqualified from remaining in office in accordance with this Act. Term of office of councillors. Amended by: XXI. 1999.8; I. 2005.7.

(2)Elected councillors shall, on the termination of their term of office, if otherwise qualified, be eligible for re-election.

(3)The term of office of any person (

a)elected or co-opted to fill a casual vacancy in a Council; or (
b)elected or co-opted to a Council where that Council’s election had been, in whole or in part, postponed for any reason, shall be the remaining period of the term of office stipulated in article 8. 15.

(1)A councillor shall be liable to a fine (ammenda) of two hundred euro (€200) for every occasion on which he attends a Council meeting knowing or having reasonable grounds to believe that he is disqualified or acting as councillor when his seat has become vacant: Provided that the Minister may, from time to time, by notice in the Gazette specify higher penalties which in no case shall exceed a fine (ammenda) of two thousand euro (€2,000) for each occasion.

(2)The fine (ammenda) contemplated in sub-article

(1)shall be recoverable by the Minister as a civil debt and paid into the Consolidated Revenue Fund.

(3)A councillor acting in the manner contemplated in subarticle

(1)shall be liable to refund any sums disbursed by the Council or any other body on his behalf, or benefits acquired in connection with his office from such time when the cause for disqualification arises.

(4)The foregoing sub-articles of this article shall be applied and construed without prejudice to any criminal action which may Penalty for unqualified persons acting as councillors. Amended by: L.N. 425 of 2007; XVI. 2009.10. L O C AL GOVERNMENT be taken by the competent authorities. Validity of acts done by unqualified councillor. 16.

(1)Any acts and proceedings entered into by an unqualified person holding the office of councillor as provided in the foregoing articles and any obligations binding the Council in consequence thereof shall be honoured by the Council where the person in whose favour such obligation is entered was in good faith.

(2)The Council shall have the right to sue such unqualified person for any damages resulting from any transaction it has to honour unless such councillor proves that he had acted in good faith. Resignation of Council members. Amended by: XXI.1999.17; XIV.2019.12. 17.

(1)A member of the Local Council may, at any time, resign his office in the Local Council by notice in writing signed by him and delivered to the Executive Secretary and his resignation shall take effect from the date of the receipt of the notice by the Executive Secretary, which date shall be immediately registered by the Executive Secretary, and his office shall become vacant as of such date. The Executive Secretary shall give a registered receipt containing the date and time of resignation, and shall immediately inform all the councillors and the Director.

(2)The Executive Secretary shall act in accordance with the provisions of article

Councillors to attend all meetings. Amended by: XXI. 1999.3, 18; I. 2005.8; XVI. 2009.
Councillors shall attend all meetings as provided under this Act and the Minister shall, after he has been informed by the Executive Secretary, by notice under his hand addressed to the Executive Secretary, declare a seat to be vacant on failure of the councillor to attend four meetings or in the aggregate more than one-third of the meetings called within a period of six months and in the opinion of the Minister such absence was not justified: Provided that when a Councillor has so absented himself, and before informing the Minister as aforesaid, the Executive Secretary shall inform the Mayor of such an event and the Mayor shall thereupon insert an item on the agenda for the first Council meeting to discuss whether the absence of such Councillor was due to a justifiable cause. Provided further that if the Council has resolved that the absence is due to a justifiable cause, the Executive Secretary in informing the Minister of the councillor’s failure shall also transmit the recommendation of the Council for the Minister not to declare the seat vacant: Pecuniary interest. Amended by: L.N. 425 of 2007; XVI. 2009.12; XIV.2019.
19.

(1)It shall be the duty of every councillor who has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter and is present at any meeting of the Council at which that contract, proposed contract or other matter is, or is to be, considered to disclose openly to the meeting and as soon as practicable after the commencement thereof the nature of his interest and (

a)not to preside over or take any part in the L O C A L GOVERNMENT [ CAP. 363. 13 consideration or discussion of, or to vote on any question with respect to, that contract, proposed contract or other matter; and (
b)unless the contract, proposed contract or other matter is under consideration by the Council merely as part of a report of a committee or sub-committee thereof and does not itself become the subject of separate debate, to withdraw from the meeting while that matter is being considered.

(2)It shall be the duty of every Council to record in the minutes of a meeting particulars of any disclosure made to that meeting under sub-article

(1)and of any subsequent withdrawal from the meeting.

(3)Any person who knowingly acts in contravention of subarticle

(1)shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding one year or to a fine (multa) not exceeding two thousand five hundred euro (€2,500) or fifty per c e n t u m o f t h e c o n t r a c t , p r o p o s e d c o n t r a c t o r o t h e r m a t t e r, whichever is the greater or to both such fine and imprisonment, and any person found guilty of such an offence shall cease to be qualified to hold the office of councillor for a period of five years from such conviction.

(4)For the purposes of sub-article

(1)the word "indirect" includes any pecuniary interest which a councillor may have through his wife or husband, spouse in marriage, partners in a civil union, children, parents, persons having or who had children in common, siblings or through any company (not being a public company) of which he or any one or more of them is a shareholder or through any company of which he or any one or more of them is a director. 20.

(1)Every councillor shall disclose to the Council in writing any relevant family relationship known to him to exist between himself and any person who he knows either holds, or is a candidate for appointment to, any office under the Council.

(2)All disclosures made under sub-article

(1)shall as soon as practicable be brought by the Executive Secretary to the notice of the Council and: (

a)it shall be the duty of the Council to record in its minutes particulars of the disclosure; and (
b)if the councillor required to make the disclosure is present at any meeting of the Council at which any question relating to or affecting the appointment, remuneration, tenure or conditions of service, promotion, status, conduct, dismissal, suspension, retirement or superannuation of the person to whom he stands in a relevant family relationship is under consideration, he shall withdraw from that meeting while that question is being considered and his withdrawal shall be duly recorded in the minutes of the proceedings of that meeting. Relatives of councillors. Amended by: XXI. 1999.3; L.N. 425 of 2007; XVI. 2009.13; XIV.2019.14. L O C AL GOVERNMENT

(3)Any councillor who acts in contravention of sub-article

(1)or sub-article

(2)(b) shall be guilty of an offence and shall be liable on summary conviction to a fine (multa) not exceeding seven hundred euro (€700) and, moreover, any person found guilty of such an offence shall be liable to be disqualified from holding office of councillor for a period of five years from such conviction: Provided that the Minister may, from time to time, by notice in the Gazette specify higher penalties which in no case shall exceed a fine (multa) of seven thousand euro (€7,000).

(4)For the purposes of this article, a relevant family relationship shall be deemed to exist between a councillor and an officer or candidate if they are married, partners in a civil union or if the officer or candidate, or the husband or wife of the officer or the candidate, are the (

a)parents; (
b)grandparents; (
c)grandson or granddaughter; (
d)son or daughter; (
e)siblings; (
f)uncle or aunt; (
g)nephew or niece; or (
h)first cousin, of the councillor or of the husband or wife, partner in a civil union of the councillors. Immunity from legal proceedings in certain cases. 21. Where a Council supplies to any member of the public attending a meeting of the Council, or supplies for the benefit of the media, copies of the agenda, statements, particulars and copies of other documents, the publication of any defamatory matter contained in the agenda, statements, particulars or documents so supplied shall be privileged unless the publication thereof is proved to have been made with malice. Dissolution of Council. Amended by; XVI. 1997.8; XIV.2019.15. 22. The President shall, by order in the Gazette acting in accordance with the advice of the Prime Minister, dissolve a Council upon: (
a)a report of the Auditor General for persistent breach of financial responsibilities, and after a formal notice has been given by the Minister; or (
b)persistent non-regard to the provisions of this Act on report by the Governance Board and after a formal notice has been given by the Minister; or (
c)lack of agreement in electing the Mayor; or (
d)lack of agreement by the Council in approving its annual estimates; or (
e)a recommendation to that effect in a report by a board appointed under the Inquiries Act. to the Minister. L O C A L GOVERNMENT 23.

(1)Upon the dissolution of the Council in accordance with article 22, or if all the elected councillors have resigned and no other councillors can be elected in accordance with the Third Schedule, or if the Council cannot function for whatever reason, the Electoral Commission shall, within thirty days, hold an election for the new Council: [ CAP. 363. 15 Elections to follow dissolution of Council. Amended by: XXI.1999.3; XVI. 2009.14; XIV.2019.16. Provided that no election shall be held where the remaining term of office of the dissolved Council is less then six months.

(2)The Minister shall within fifteen days from the dissolution of the Council, appoint a Committee of Management chaired by the President of the Association or his representative which shall perform all such duties as are competent on the Council until a new Council is elected: Provided that until a Committee of Management is appointed, the Executive Secretary shall perform all such duties as are competent on the Local Council.

(3)The newly elected Council shall hold office for the remainder of the term applicable to the dissolved Council. 24.

(1)Councillors elected in accordance with article 8, and Mayors and/or Deputy Mayors elected in accordance with article 25 shall take and subscribe the oath of office in the form stipulated in the Fifth Schedule before any Commissioner for Justice who is hereby being empowered to administer such oaths. Oaths of Office. Amended by: I. 2005.9; XVI. 2009.15; XIV.2019.17.

(2)Any Mayor, Deputy Mayor or councillor who undertakes a function incompatible with his oath of office shall be dismissed by the President, acting in accordance with the advice of the Prime Minister, unless within thirty days from the receipt of a written notice by the Minister, such member shall have renounced to the incompatible function.

(3)A breach of the Code of Ethics for Local Councillors may result in a referral of his case to the Governance Board which is to be established by the Minister to deal with cases of breaches of ethics. The Governance Board shall be constituted and conducted in accordance with regulations made by the Minister. The same Governance Board shall have the authority to deal with the public complaints vis-à-vis the Council.

(4)The Mayor, the Executive Secretary or any member of the Council shall report to the Department for Local Government any breach of the Code of Ethics com mitted by any councillor. Following the verification by the Board mentioned in sub-article

(3)of such reports and following a persistent breach of the Code of Ethics, a formal notice shall be issued by the Minister, which formal notice shall be published within such time as may be provided by regulation under this Act.

(5)Any member of the public may also make a claim to the A d m i n i st r a t i v e Tri b u n al se t u p i n a c c o r d a n c e w i t h t h e Administrative Justice Act whenever he feels aggrieved by an administrative act of a Local Council, that shall include the issue of L O C AL GOVERNMENT any orders, licence, permit, warrant, authorization, concession, decisions or refusal of any request made by applicant. PART III The Office of Mayor Election of Mayor and Deputy Mayor. Amended by: XXI. 1999.12. Substituted by: I. 2005.10. Amended by: XVI. 2009.16; XIV.2019.18. XLI.2023.3. 25.

(1)Without prejudice to the provisions of article 29, the office of Mayor in any Local Council shall be occupied by such elected councillor who at the last local election of that locality shall have obtained the highest number of votes in the first count amongst the candidates of the political party which at such elections obtained the absolute majority of councillors in such Council. Such councillor shall assume the office of Mayor at the first sitting of the Council after such local election. If for any reason such councillor refuses to occupy the office of Mayor, the councillor with the second highest number of votes from the aforesaid political party shall assume office, and so on, until the office of Mayor is filled: Provided that if the Mayor vacates office during the Council’s term, the office of Mayor shall be occupied by such person belonging to the same political party who had obtained the highest number of votes in the first count after the Mayor who is vacating office: Provided further that where the law does not provide otherwise, the Mayor shall be chosen from amongst the councillors. (1A) In any case where two or more persons who were elected in the first count obtain the same amount of votes among Councillors belonging to that party having the majority of Councillors, the office of Mayor shall be filled by the person with the longest experience as Councillor and who therefore has served longest on the Council among the two: Provided that if the two Councillors have the same length of service in office, the office of Mayor shall be filled by the Councillor who is the more senior: Provided further that in the case that both obtain the same amount of votes but are not elected in the first count, the office of the Mayor shall be filled by whoever is elected first.

(2)(

a)The office of Deputy Mayor shall be occupied by such elected Councillor from the political party mentioned in the preceding sub-article who, under the conditions and in accordance with the provisions of such subarticle, shall have obtained, apart from the Mayor, the highest number of votes in the local elections and the provisions of such sub-article shall mutatis mutandis apply to the election of Deputy Mayor. (
b)In the case where the office of Deputy Mayor shall become vacant, the office of Deputy Mayor shall be filled by that Councillor belonging to the party that has obtained the absolute majority of Councillors in the L O C A L GOVERNMENT [ CAP. 363. 17 Local Council and who obtained the majority of first preference votes after the Councillor whose office of Deputy Mayor has become vacant.

(3)Where no political party obtains an absolute majority of seats in such Council or where, for any reason whatsoever, the office of Mayor or Deputy Mayor is not filled in virtue of the provisions of the preceding sub-articles of this article, the Council shall, at its first sitting, and after the Councillors have taken their oath o f office , proceed with the elec tion of the Mayor and subsequently of Deputy Mayor from among its members in accordance with the Seventh Schedule.

(4)The first sitting of each Council shall be summoned by the most senior Councillor (or else if he refuses or does not answer within a week, by the next senior Councillor and so on) and such meeting shall be held not later than one week from the first day when the Councillors may hold office under article 14. The agenda for this first meeting shall be prepared by the Executive Secretary and shall be published not later than four working days before the date fixed for such meeting.

(5)By not later than the third meeting after the Local Council election, each Councillor shall be assigned a specific sector as specified in the Fourteenth Schedule which he shall monitor and report on to the Local Council. That Councillor may also set up a committee, over which the Councillor will preside in order to work in that sector. In such case the members of such committee shall be approved by the Council before those members commence their functions. This matter shall be included in the meetings’ agenda as aforesaid specified.

(6)In the event that a circumstance arises where the office of the Mayor and Deputy Mayor are vacant, the subsequent meeting wherein there shall be held the elections for the Mayor and Deputy Mayor shall be summoned by the most senior councillor, and the provisions of subarticle

(4)apply mutatis mutandis. 25A.

(1)Any person who contests a local election, is elected a councillor, and gets the highest number of votes from among the candidates of the party that has obtained the highest number of votes in the first count, even if this person is under eighteen

(18)years of age, is eligible to be declared Mayor and is eligible to hold the office of Mayor, and this shall apply mutatis mutandis to the office of Deputy Mayor.

(2)Notwithstanding that stipulated in any law, when a person who is under eighteen

(18)years of age is declared Mayor, that person shall have the capacity to do all acts of civil life limitedly to when that person is acting in the office of Mayor, and this shall apply mutatis mutandis in those circumstances when the person who is under eighteen

(18)years of age and is occupying the office of Deputy Mayor is acting in the role of Mayor according to law. A person eligible to contest in accordance with article 3B is eligible to occupy the post of Mayor and Deputy Mayor. Added by: XIV.2019.19. Substituted by: XLI.2023.4. L O C AL GOVERNMENT

(3)When a vacancy in the office of Mayor or Deputy Mayor arises, a councillor, even if he is under eighteen

(18)years of age, shall be eligible to hold the office of Mayor or Deputy Mayor if that councillor qualifies to hold the office of Mayor or Deputy Mayor in accordance with this Act. The role of the Mayor. Substituted by: XLI.2023.5. 26.

(1)The Mayor shall be the representative of the Council for all effects under this Act and shall preside over all meetings of the Council and supervise all functions of the Council.

(2)The Mayor shall be responsible for the furtherance of the objects and provisions of this Act in the locality and Mayors shall co-operate between themselves for the better welfare of the localities which they represent.

(3)In fulfilling this role, the Mayor shall be assisted by the Executive Secretary. Legal and juridical representation. Amended by: XXI.1999.

Substituted by: XLI.2023.
The legal and juridical representation of the Council shall be jointly vested in the Mayor and the Executive Secretary, who may sue and be sued on behalf of the Council even when the case refers to acts done before the commencement of their term of office or appointment as the case may be. Term of Office. Amended by: I. 2005.
The Mayor and Deputy Mayor shall hold office from the day of their election and they shall remain in such office until the expiration of the term of the Council or until such time as the Mayor or Deputy Mayor shall have resigned or shall have been removed from office before the lapse of their term or disqualified from remaining in office in accordance with this Act. Vote of no confidence. Amended by: XXI. 1999.13; I. 2005.
29.

(1)The Mayor or Deputy Mayor shall cease to hold their office upon a vote of no confidence delivered by a majority of the Councillors in office.

(2)The motion proposing a vote of no confidence in the Mayor or Deputy Mayor shall be signed by at least one third of the Councillors in office and shall specify the reason for such motion and propose another Councillor to be elected as Mayor or Deputy Mayor as the case may be.

(3)The motion shall be discussed after at least five days have elapsed from its presentation as provided in sub-article

(2)but not later than ten days from such date; so however that if for any reason such meeting does not take place, or no decision is taken on such motion within such time, the proponents of such motion may fix a date and agenda for such meeting to be held, and after due notification is made to all Councillors, such meeting shall be held on such date for the sole purpose of debating and deciding such motion of no confidence. L O C A L GOVERNMENT 29A. The Mayor, or at least one-third of the councillors, shall have the right to request an urgent meeting. The urgent meeting shall only discuss the urgent matter for which the meeting has been convened and no other. The subsequent meeting shall still be held on the sam e day as agreed in the last r egular m eeting. The Executive Secretary shall be obliged to convene the urgent meeting by not later than three working days from the receipt of the request, and all the applicable procedures for local council meetings shall be adopted, including the time at which the meeting shall be convened: [ CAP.

19 Convening of urgent Council meeting. Added by: I. 2005.
Substituted by: XVI. 2009.17; XIV.2019.
Provided that when a councillor requests an urgent meeting, he shall be bound to indicate the nature of the urgency and why the matter in question cannot wait to be put on the agenda of the next meeting in accordance with the ordinary conduct of the meetings. The decision whether the request for an urgent meeting be acceded to shall be taken by the Mayor in accordance with the guidelines issued by the Director after consultation with the Association.
When a vote of no confidence as provided in article 29 is carried, it shall be communicated to the Director and the Minister by the Executive Secretary without delay. Vote of no confidence to be notified to Minister. Amended by: XXI.1999.
Substituted by: XIV.2019.
31.

(1)On a vacancy in the office of Mayor, or where the Mayor is for any reason unable to perform the functions of his office, the Deputy Mayor shall perform all such functions until such time as another Mayor is elected from among the councillors in the first meeting of the Council held after the vacancy. Casual vacancy in the Office of Mayor. Amended by: XXI.1999.14; V. 2011.24; XIV.2019.22.

(2)If for the purposes of sub-article

(1)the Deputy Mayor is unable to perform the functions of Mayor, for any reason whatsoever, such function shall be performed by the most senior councillor provided that he shall by not later then three working days from the occurrence of the circumstance mentioned in this sub-article, provide to the Executive Secretary his acceptance in writing, and in case that this does not happen, the Minister shall have the faculty to appoint a member from the Association to chair the meetings. 32.

(1)The Council shall pay an honorarium to the Mayor of its locality as follows: (

a)in localities having five councillors, an amount equivalent to forty-five percent (45%) of the honorarium payable to a member of parliament; (
b)in localities having between seven and nine councillors, an amount equivalent to sixty five percent (65%) of the honorarium payable to a member of parliament; (
c)in localities having more then nine councillors, an amount equivalent to eighty five percent (85%) of the honorarium payable to a member of parliament; Allowances to the Councillors and Honorarium to the Mayor. Amended by: XXI.1999.15; I. 2005.14. Substituted by: XVI. 2009.18. Amended by: XL. 2015.3; XIV.2019.23. L O C AL GOVERNMENT (1A) The honorarium of the Mayor shall be deemed to be income for the purposes of the Social Security Act: Provided that, if the Mayor so chooses, that honorarium should not be deemed as income for the purposes of the Social Security Act and the said choice may also be made with reference to a period which precedes the coming into force of this sub-article and even if at the time when the choice is made the person making that choice no longer occupies the office of Mayor.

(2)The Minister may, by regulations, establish the allowance that Local Councils may pay to Councillors, which allowance shall be paid every month: Provided that such allowance shall not be deemed to be income for the purposes of the Social Security Act: Provided further that no payments for reimbursement of expenses shall be allowed.

(3)Each Councillor shall, at his own expense, be obliged to install an e-mail service in his residence. Any correspondence, minutes or documents shall be sent to the Councillors by e-mail and for the purposes of service shall be deemed to have been duly served.

(4)Any Councillor employed with the public sector shall be entitled to attend official Council meetings during office hours without prejudice to his leave entitlement. The notification shall be made by the Executive Secretary to the Head of Department and shall specify that such activity is an official council activity. PART IV Functions of Local Councils, Procedure and Meetings Functions of Local councils. Amended by: XXI. 1999.16; I. 2005.15; XVI. 2009.19; XXVIII.2018.40. XIV.2019.24. 33.

(1)Subject to sub-article

(2)and to the provisions of any other law for the time being in force, the functions of each Local Council shall be: (

a)to provide, with respect to any road, other than any road the responsibility for which vests in Infrastructure Malta in terms of the Agency for Infrastructure Malta Act or any regulations made thereunder, for its upkeep and maintenance, or improvements therein, and to provide and maintain proper road signs and road markings, in conformity with national and international standards: Provided that maintenance in relation to any road referred to under this paragraph includes the patching and resurfacing thereof, but does not include its reconstruction; (
b)with respect to any road, to provide for sweeping, cleaning and weed cutting, cleaning of road signs and road lights, the collection and removal of all refuse, for L O C A L GOVERNMENT the maintenance of cleanliness and for the upkeep and maintenance of all public conveniences, dustbins and other receptacles for the temporary deposit and collection of waste and to ensure that these are all accessible to all persons, including persons using a wheel-chair; (
c)to provide for the establishment, upkeep and maintenance of children’s playgrounds, public gardens and sport, cultural or other leisure centres, and as part of a national scheme to administer local libraries and to ensure that these are, as far as possible, accessible to all persons, including persons using a wheel-chair; (
d)to propose measures which relate to the maintenance and repair of local roads, pedestrian areas, parking areas, road signs and road markings within the locality, to provide for the installation and maintenance of bus shelters in accordance with standards and specifications laid down by the competent transport authority, pedestrian and parking areas and provide for the protection of school children in the vicinity of schools; (
e)to propose to and, where applicable be consulted by, any competent authority or agency prior to the competent authority or agency making any changes in traffic schemes directly affecting the locality; (
f)to make recommendations to any competent authority or agency for or in relation to any planning or building scheme and to be a full participant in any decisions on the naming or renaming of roads; (
g)within the parameters of any national plan, to issue guidelines to be followed in the upkeep, restoration, design or alteration of the facade of any building or of any building or any part of a building normally visible from a road, including the type of lighting and materials used, advertisements and shop fronts, and in the case of premises which are open to the public, to ensure that such premises are, as far as possible, accessible to all persons, including persons who use a wheel-chair; (
h)to assist citizens by providing, where applicable in conjunction with any competent authority, information relating to the rights of citizens in general, including information on consumers’ rights, transport, communications, tourist facilities, taxation, social security, public health and other matters of public utility and interest; (
i)to advise and, be consulted by, any authority empowered to take any decisions directly or indirectly affecting the Council and the residents it is responsible for; (
j)as part of a national scheme, to provide in conjunction with any competent authority, for the establishment, upkeep and maintenance of Child Care Centres, [ CAP. 363. 21 L O C AL GOVERNMENT kindergartens and other educational services or buildings; (
k)as part of a national scheme, to provide in conjunction with any competent authority for the establishment, upkeep and maintenance of health and rehabilitation centres, government dispensaries, health district offices and Homes for Senior Citizens, Day Centres for Senior Citizens and Night Care Centres; (
l)to propose to the Minister responsible for education, persons to be appointed as presidents of primary school councils; (
m)within the context of a national action plan, Councils shall promote social policy initiatives within their locality. A Council shall work with people having special needs, with children and young people having literacy problems, with the elderly, persons with mental health problems, in community care as well as initiatives in the area of preventive care; (
n)safeguard local identity and for this purpose take the necessary iniatives to safeguard the local historical and cultural heritage, traditions and folklore; (
o)in the framework of regulations made by the Minister, extend assistance to artists, musicians and sports persons from their locality in order that they may develop their talents; (
p)organise cultural activities that promote the locality in every possible way; (
q)protect the natural and urban environment of the locality and take all necessary measures to ensure the more efficient use of energy, good waste management and climate change iniatives; (
r)in agreement with the education authorities to make the best use of facilities already existing in schools in the locality after normal school hours such as sports facilities, school halls, information technology laboratories, and other public facilities in the locality; (
s)organise sports or physical activities for all residents of all ages, co-operate closely with the sports associations from the locality, to provide good sports facilities and organise such sports activities as are not normally organised by local sports associations; (
t)ensure to give effect to the concept of life long learning with all residents, particularly adults and the elderly, by providing such service within the same locality; (
u)provide and maintain the service of a local library; (
v)to promote an entrepreneurial policy whereby the interests of shop owners and the needs of the residents and the consumer in the community are catered for. L O C A L GOVERNMENT [ CAP. 363. 23 The Council is to encourage activities which promote trade and to facilitate Council procedures to lessen bureaucracy so that commercial activities can improve the services they provide; (
w)to enter into agreements with any agency or public body or Government department for the delegation to the local council of any of the functions of that agency, public body or department: Provided that any such delegation shall only come into effect after the Minister has made the relevant order in the Gazette; (
x)to perform any other function which shall be delegated to it by the Government through the Minister by means of an order published in the Government Gazette; (
z)to provide for all such other works, things, matters and services which are not excluded from a Council’s competence by any law for the time being in force nor assigned to any other authority.

(2)National monuments, national parks or gardens, industrial estates, ports, airports and other national territories, establishments, buildings and items listed in the Fourth Schedule to this Act are the responsibility of the Government, except as provided in terms of subarticle

(1)(w) or (x), and are totally excluded from the competence of local councils.

(3)(

a)Various other new functions may be vested in Local Councils. Each function shall be devolved when the Central Government will be convinced that Local Councils are prepared to take on such responsibility. (
b)In the case of devolution of new functions, such new functions will first be devolved on to a small number of Local Councils, possibly of various sizes, to serve as a test.

(4)The Minister responsible for transport retains the right to, a t an y po in t in t im e as m a y be d e te r m in e d b y th e Min ist e r responsible for transport, transfer all and any rights previously pertaining to Infrastructure Malta in relation to a local road in terms of theAgency for Infrastructure Malta Act or any other law, to a local council. 33A.

(1)In the first meeting of the Local Council held after the election, the Mayor shall assign to each Councillor any one of the responsibilities listed in the Fourteenth Schedule. For this purpose, each councillor has the right to appoint a sub-committee, and from amongst the members of the said sub-committee there shall be appointed a secretary.

(2)At the end of each year, each councillor shall submit a report on his work in the sector of which he is responsible, which reports shall be included in the Administrative Report.

(3)Apart from those subject matters listed in the Fourteenth Schedule, the Mayor shall have the right to assign amongst the Responsibilities assigned to councillors. Added by: XIV.2019.25. L O C AL GOVERNMENT councillors other responsibilities as he deems fit and according to the localities’ needs.

(4)The Executive Secretary shall immediately inform the Director once the responsibilities are assigned to the councillors. Council to make Bye-laws. Amended by: XII.1995.16; XIV.2019.26; LIX.2020.3. 34.

(1)A Local Council may make, amend or revoke bye-laws for the purpose of carrying out its functions and for the prevention and suppression of nuisances in its locality and to increase funds other than those allocated to it in terms of article 55.

(2)Notwithstanding the provisions of sub-article

(1), the Minister may under article 72, make regulations of general application for the purposes for which a Council may make byelaws under this Act and such regulations shall, for the purposes of this Act and of any other law, be deemed to be bye-laws enacted by all the Councils: Provided that any such regulations may only make provisions of a general nature and shall be without prejudice to the making of further bye-laws by any Council for the same purpose making special provision for its locality. Provided further that when regulations of general application are made by the Minister as stipulated herein, any bye-laws regarding the same subject-matter shall be ipso jure repealed, and specific conditions relevant to the Local Council shall be published as a schedule to the said regulations by general application. Procedure for making Bye-laws. Amended by: XXI. 1999.3,17; XVI. 2009.20; XIV.2019.27. 35.

(1)A Local Council shall, on application, furnish to any person a copy of the proposed bye-laws, or of any part thereof, without payment.

(2)The Executive Secretary shall submit to the Director a copy of the proposed Bye-Laws after these have been discussed and approved by the Council.

(3)If within eight weeks from the receipt of the proposed ByeLa ws by the Direc tor, the M inis ter dec ides to propose a ny amendments he shall inform the Council in writing of any such amendments.

(4)After discussing the amendments proposed by the Minister, if any, the Council may either approve or not approve the ByeLaws. If the Council so approves, the Executive Secretary shall forward a copy of the approved Bye-Laws to the Minister.

(5)The Minister shall have the right to object to any bye-law approved by any Council and shall signify such objection and the justification thereof in writing to the Council by not later than eight weeks. Penalties for contravention of Bye-laws. Amended by: XXI. 1999.3,18; L.N. 425 of 2007; XVI. 2009.21; XIV.2019.28. 36.

(1)Except as provided by any other law, a person who contravenes a bye-law shall be guilty of a contravention and shall be liable to the punishment of a fine (ammenda) not exceeding seventy euro (€70) and, in the case of a continuing offence, a further fine (ammenda) not exceeding fifteen euro (€15) for each day on which the offence continues after conviction: L O C A L GOVERNMENT [ CAP. 363. 25 Provided that the Minister may, from time to time, by notice in the Gazette prescribe higher penalties which in no case shall exceed a fine (ammenda) of two thousand euro (€2,000) and, in the case of a continuing offence, a further fine (ammenda) not exceeding five hundred euro (€500) for each day.

(2)Unless otherwise provided by this article, the contraventions referred to in sub-article

(1)shall be deemed to be scheduled offences for the purposes of the Commissioners for Justice Act and the provisions of the said Commissioners for Justice Act shall apply mutatis mutandis to any proceedings in respect of such contraventions under this Act.

(3)A Commissioner for Justice shall, where he is to consider charges regarding any infringement of any Bye-laws, sit in the Local Tribunal established in terms of the Commissioners for Justice Act, which shall either be the administrative offices of the Council concerned or any other place so designated by the Minister after consultation with the Council.

(4)The Executive Secretary shall be the prosecutor in any such hearing and shall have the same powers assigned to the Executive Police under the Commissioners for Justice Act. Service of any summons shall be effected by the Executive Secretary in the manner provided in article 6

(2)of the Commissioners for Justice Act or by the Executive Police or by a community officer as provided in sub-article

(1)of the said article: Provided that the functions of the Executive Secretary under this sub-article and under sub-article

(6)may be delegated to any other person or persons as the Council may by resolution determine.

(5)The amount of any fine (ammenda) shall be due to the Council of the locality where the contravention occurs and shall be paid to the Executive Secretary.

(6)The Minister may by order in the Gazette direct that the provisions of sub-articles

(2),

(3),

(4)and

(5)shall apply to one or more of the offences listed in the Schedule to the Commissioners for Justice Act and whenever any such order is made prosecution in relation to such infringements shall be conducted by the Executive Secretary before the Commissioner for Justice who shall sit in any place as designated under sub-article

(3). 36A.

(1)Subject to the provisions of this article, Part V of the Referenda Act shall apply to any bye-law made by any Local Council under the provisions of this Act.

(2)The provisions of Part V of the Referenda Act shall, for the purposes of this article, be applicable as follows: (a) article 14 of Part V shall apply as if the reference therein to ten per cent of the total number of persons registered as voters in sub-article

(1)thereof were a reference to ten per cent of the total number of persons registered as voters in elections for local councillors for the locality which has made the bye-law to which Abrogative referenda. Added by: VIII. 1996.10. Amended by: XIV.2019.29. L O C AL GOVERNMENT the declaration applies; (b) article 15 of Part V shall apply as if the reference in sub-article

(1)thereof to the electoral district wherein the voter is registered were a reference to a locality for the election of whose local councillors the voter is registered; (

c)article 16 of Part V shall apply (
i)as if the reference to any person registered as a voter for the election of members of the House of Representatives in sub-article

(1)thereof were a reference to any person registered as a voter for the election of local councillors for the Local Council of the locality making the relative bye-law; (ii) as if the reference in sub-article

(1)of article 14 of the Referenda Act in paragraph (a) of subarticle

(1)thereof were a reference to that subarticle as applicable in accordance with paragraph (

a)hereof; (iii) as if the reference to the Constitution and the European Convention Act in paragraph (
c)of sub-article

(1)thereof were also a reference to this Act; and (iv) as if sub-article

(3)thereof required service of any application also on the mayor of the Local Council making the bye-law, which service shall, for the purposes of sub-article

(5)thereof, be made at the office of the relative Local Council; and (d) paragraph (b) of sub-article

(1)of article 19 shall not apply. Co-operation with other Councils. Amended by: XXI.1999.19; XVI. 2009.22; V. 2011.25. 37.

(1)Two or more Local Councils may discharge any of their functions jointly and they may also arrange for the discharge of these functions by a joint committee of theirs or by an officer of one of them.

(2)Local Councils having an arrangement as provided in subarticle

(1)may meet in joint session to discuss the discharge of the functions to which the arrangement relates and all councillors shall be entitled to participate and vote where required unless the arrangement otherwise provides.

(3)Local Councils shall form part of an association recognised as such by the Government for the protection and promotion of their common interests as well as belong to international associations of local government authorities. Regional Councils. Added by: V. 2011.26. Amended by: XIV.2019.30. 37A.

(1)There shall be six regions as established in the Eleventh Schedule.

(2)(

a)Each Regional Council shall be chaired by a Chairman t o be elected from am ong all Cou ncill ors of the [ CAP. 363. 27 L O C A L GOVERNMENT localities forming that Region. (
b)A candidate is eligible to contest for the office of President of the Region if he is a resident in a locality forming part of the same region or is an elected councillor in a Local Council which forms part of that region, or is the President in office up to the date of the opening of nominations for the election. (
c)Each Mayor forming part of that Region shall appoint its representative to form part of the Regional Council. (
d)The Regional Deputy Chairman shall be appointed from among the members of the Regional Council appointed by the Local Councils. (
e)The President of the Region and the President of the Association shall not be councillors, and if a councillor in office is elected to any of such offices, he shall resign from being a councillor.

(3)The Regional Government. Council is another level of Local

(4)The geographical distribution of the regions as established in the Eleventh Schedule shall be officially recognized by any entity whether governmental or not.

(5)The Regional Council shall appoint a person to act Executive Secretary to the same Council.

(6)Any change of a locality from one region to another may be made by the Minister after consultation with the Local Councils Association and shall be effected after considering the geographical aspect, the total population in each region and the number of Local Councils in each region.

(7)The functions of Regional Councils shall be those established by the Minister by regulations to be made following consultation with the Local Councils Association.

(8)The Regional Councils may also make bye-laws according to articles 34, 35, 36 and 36A which shall mutatis mutandis apply to the making of such bye-laws.

(9)The Regional Councils shall be appointed for such time as provided for in the Local Councils (Association) Regulations.

(10)The Minister may also by regulations establish the practice and procedure relating to the working of the Regional Council.

(11)The Presidents of the Regional Committees whose mandate expires in 2022 will continue to retain such mandate even if any one of them is not elected as a councillor in the Local Elections held on 25 May 2019: Provided that the Regional Presidents whose mandate expires in 2022 shall renounce to the office of councillor if they are re-elected to the council in the local elections held on 25 May 2019, in the event that the Regional Presidents want to hold the office of Regional Council Presidents, such condition to resign shall not be S.L 363.06. L O C AL GOVERNMENT applicable to the President of the Association and the members of the Association elected from the general list: Provided further that the provisions mentioned in the proviso of this article shall be with effect from 24 June 2019.

(12)Each year the Minister responsible for finance shall allocate a provision under the Appropriation Act which will serve for the exercise of the functions of Regional Councils. The amount appropriated shall be established according to a formula determined by regulations issued by the Minister. Functions of Regional Councils. Added by: XIV.2019.31. 37B. The functions of Regional Councils shall be the following: (a) the issuance of a call for tenders for the service to local councils within them for waste management and this shall come into effect from the year 2022, and this without prejudice to the functions of the local councils in terms of article 33

(1)(b); (

b)the social aspect, which includes researches and report of social impact evaluations, which report shall be made within the first year of each legislature; (
c)the provision of assistance to local councils within the region, which assistance includes the provision of professional services including the environmental sector, social, cultural, touristic and information technology; (
d)the provision of assistance to local councils within the region to benefit and successfully manage programmes which are funded by the European Union; (
e)the provision of subsidy to students for researches regarding aspects relating to the region; (
f)the coordination with local councils of sports and physical activities and initiatives, including those relating to welfare; (
g)the coordination with ministries, departments and Government entities to facilitate the work of local councils, including coordination with the maintaining order sections; (
h)to give an opinion regarding the Local Plan and the same opinion will be attached to the report submitted to the House; (
i)Right of Local Councils to a judicial remedy. Amended by: XIV.2019.32. the preparation, on an annual basis, of a Work Plan which includes the Region’s financial needs and human resources. 38. Local Councils and Regional Councils shall have the right to challenge in court any decision which in any way interferes with the free exercise of their powers granted by this Act. L O C A L GOVERNMENT 39. For the purpose of discharging any functions in pursuance of any matter under this Part of the Act, a Local or Regional Council, shall contract out and expose to competition any of the functions assigned to it, any person employed in terms of articles 52 and 53 or by another Local Council or Regional Council which has exposed or is to expose the carrying out of the functions to competition: [ CAP. 363. 29 Competition. Amended by: XXI. 1999.20; L.N. 425 of 2007; XVI. 2009.23. Substituted by: XIV.2019.33. Provided that no councillor or a Local Council or Regional Council employee or any company in which such councillor or employee has a majority shareholding or controlling interest, shall tender or submit quotations for any works, goods or services or for the transfer of any land for which a call for tenders or quotations has been issued by the Council of which he is such a member or employee: Provided further that with the approval of the Minister, a Local Council or Regional Council may make arrangements with any public body, government department or other Local Council or Regional Council, for (
a)the supply by one party to the other of any goods; (
b)the provision by one party to the other of any administrative, professional or technical services; (
c)the use by one party of any vehicle, plant or apparatus belonging to the other and the placing at the disposal of the first-mentioned party of the services of any person employed in connection with the vehicle, plant or apparatus in question; and (
d)the provision or maintenance by one party of any works, facility, amenity, equipment or thing for the provision or maintenance of which the other is responsible, on such terms as may be agreed according to arrangements reached between the parties. 40. Any acquisition by the Local Council or Regional Council shall be made in accordance with the Local Government Procurement Regulations. Acquisitions. S.L. 363.186 Amended by: XXI. 1999.21; XVI. 2009.24. Substituted by: XIV.2019.34. 41. With respect to projects co-financed by the European Union, the tendering procedures shall be in accordance with the rules of the European Union and in accordance with the Local Government Procurement Regulations. Projects cofinanced by the European Union. S.L. 363.186 Repealed by: XXI. 1999.22. Added by: XVI. 2009.25. Substituted by: XIV.2019.35. 42. Repealed by XXI.1999.22. Arrangements for the supply of goods and services or interchange of staff. Standing Orders. Amended by: XVI. 2009.26. Substituted by: XIV.2019.35. L O C AL GOVERNMENT 43.

(1)During the meetings the Local Councils and the Regional Councils shall follow the standing orders in the Sixth Schedule to this Act.

(2)Local Council and Regional Council meetings shall be held at least once a month.

(3)Local Council meetings which shall be held once a month and urgent meetings shall start not before 5.00 pm and not later then 7.00 pm and shall not last for more than three

(3)hours, unless otherwise unanimously agreed to.

(4)Other meetings may be convened as unanimously agreed to by the councillors: Provided that the times established for statutory meetings of the Local Council may be set otherwise if for reasons of convenience all the councillors agreed to this. Admission of public to meetings and streaming on the internet. Amended by: XL. 2015.4; XIV.2019.37. 44.

(1)Every meeting of a Local Council and a Regional Council shall be open to the public and it shall be streamed and kept on demand on the internet in an audiovisual form on the Local Council’s and Regional Council’s website.

(2)Where at a meeting of a Local Council or a Regional Council the Council resolves itself into committee, the proceedings in committee shall for the purposes of this Act be treated as forming part of the proceedings of the meeting of the Local Council or the Regional Council.

(3)Nothing in this article or in article 46 shall affect or derogate from any power of excluding persons from a meeting for the purpose of suppressing or preventing disorderly conduct or other misbehaviour at, or disturbance of, the meeting. Information to be given as to meetings. Amended by: XXI. 1999.23; XVI. 2008.47; XVI. 2009.27; XIV.2019.38. 45.

(1)The Executive Secretary shall, if so requested and upon payment of required fee for the supply of any such permissible information, furnish – (

a)a copy of the agenda and accompanying documents directly related to the agenda and which are to be discussed at the meeting as circulated to members of the Local Council or Regional Council; and (
b)such further statements or particulars and copies of such other documents as are necessary to indicate the nature of any item included in the copy of the agenda so supplied.

(2)Any person who requests information from a Local Council in accordance with sub-article

(1)and who is dissatisfied with the Council’s response to his request may apply to the Information and Data Protection Commissioner for a decision whether, in any specified respect, his request has been dealt with in accordance with the requirements of this Act and any regulations made hereunder.

(3)Part IV of the Freedom of Information Act, other than article 26, as well as articles 39, 40 and 43 of the same Act, shall apply mutatis mutandis to requests for information under this L O C A L GOVERNMENT [ CAP.

31 article, save that references to a code of practice in Part IV of the Freedom of Information Act shall be construed as referring to any code of practice on the disclosure of information that may be issued by the Minister through regulations under this Act; but the application of the Freedom of Information Act in terms of this subarticle shall not be dependent on the issue of such a code.
The Executive Secretary shall cause to be made available to duly accredited representatives of the media attending for the purpose of reporting proceedings at the meeting reasonable facilities for taking reports of these proceedings and, on payment by those representatives or their media of any expenses which may be incurred, for transmitting such reports to their media. Facilities for media representatives. Amended by: XVI. 2009.28; XIV.2019.
47.

(1)Subject to the provisions of this article, the Local Council or the Regional Council may appoint committees for the purpose of assisting Local Councils and Regional Councils in the execution of their functions. Committees of Councils. Amended by: XXI. 1999.24; XVI. 2009.29; XIV.2019.40.

(2)Committees established under sub-article

(1)shall consist of a Chairperson from among the councillors.

(3)Committees shall remain in office until they are dissolved by the Council or until the term of office of the Council expires.

(4)Members of committees shall not be entitled to any wage, salary or attendance allowances.

(5)The Chairperson of the committee shall present the minutes in the first meeting of the Council.

(6)The Executive Secretary shall be an ex officio member of the Financial Committee. 47A.

(1)The communities shall be those listed in the Ninth Schedule, which Schedule shall also determine the boundaries of each community and the roads included therein.

(2)The Minister may add or subtract from the list of communities listed in the Ninth Schedule according to procedures established in sub-articles

(3)and

(4).

(3)The Minister may from time to time after consulting the Local Council of the locality declare an area within the locality as a community for the purposes of the law and accordingly such community shall be added by regulations to the Ninth Schedule.

(4)The residents of any area not included in the Ninth Schedule may make a request to their Local Council for the inclusion of such zone in the Ninth Schedule. The Council shall, within one month from the receipt of the request, discuss it and make its recommendation to the Minister who shall, within two months from the receipt of the Council’s recommendation, take a decision on the request.

(5)The Mayor shall assign the responsibility of the community found within the locality to the councillor having his residence in this community. If more than one councillor resides in that community, the councillors shall vote for one of the councillors Communities. Added by: XXI. 1999.

Amended by: XVI. 2003.
Substituted by: XVI. 2009.
Amended by: XL. 2015.5; XIV.2019.
L O C AL GOVERNMENT who resides in that community and who shall be assigned the responsibility of that community. If none of the councillors resides in that community, the Mayor shall assign this responsibility to the councillor who he deems merits this responsibility: Provided that for the Swatar Community there shall be assigned two councillors, one from the locality of Birkirkara and another from the locality of l-Imsida.

(6)There shall be a financial allocation for Communities, which shall be part of the Local Council allocation and this shall be computed on the basis of the same funding formula, for the Local Council, found in the Eighth Schedule. Any decision on the use of these funds shall be implemented after ratification by the Local Council of the locality. Council premises. Amended by: XII. 2002.4; XVI. 2009.31; XIV.2019.42; XXI of 2020; LIX.2020.4. 48.

(1)The Council shall have its administrative offices at a place to be selected by it, and these offices shall be accessible to all persons.

(2)The administrative offices of the Local Council shall be open to the public on all working days including Saturday during normal office hours as established by directives issued by the Minister after consultation with the Association.

(3)Any meetings of the Local Council shall be held at the Local Council’s administrative offices unless provided otherwise by a directive of the Director after consultation with the Association only in exceptional circumstances.

(4)All meetings held by any Local Council not in the Council’s administrative office during the pandemic period, as from the declaration of the National State of Emergency due to Health Reasons, shall not be deemed as Council meetings held against the law. PART V Officers and Employees Appointment of Executive Secretary and Deputy Executive Secretary. Amended by: XXI. 1999.3; I. 2005.16; XVI. 2009.32. XIV.2019.43; XXI of 2020; LIX.2020.5. 49.

(1)Every Local Council shall have an Executive Secretary and a Deputy Executive Secretary.

(2)The appointment of the Executive Secretary shall be made by the Local Council, which nomination would have been made under the following sub-article.

(3)The Executive Secretary shall be a public officer during the performance of his duties, who is chosen according to those procedures and criteria established by the Director as approved by the Public Service Commission, without prejudice to the pool established for this purpose.

(4)Where a Local Council fails to appoint an Executive Secretary or Deputy Executive Secretary, the Director shall appoint an Acting Executive Secretary or Acting Deputy Executive Secretary.

(5)An Executive Secretary may be removed or transferred from one Council to another or in the Department in accordance with provisions of sub-article

(6)after the request is evaluated by a board appointed for such purpose by the Minister. This board shall be a L O C A L GOVERNMENT [ CAP. 363. 33 statutory board of not less than three

(3)persons.

(6)An Executive Secretary may be removed or transferred in accordance with the provisions of sub-article

(5)for one of the following reasons: (

a)at the request of the Local Council or Regional Council, after a motion has been put forward stating the justified and substantiated reasons for his removal and after approval by the Local Council or Regional Council; or (
b)at the request of the Executive Secretary himself providing the reasons why he wants to terminate his office within the Council or; (
c)at the request of the Director following shortcomings shown in the local auditors’ report or following a reconnaissance by the Director, it results that the Executive Secretary has committed any abuse or permitted the commission of abusive practices and contraventions of the law and of local council regulations: Provided that in each case removal from office or the transfer of an Executive Secretary shall not preclude the taking of disciplinary action under the Public Administration Act: Provided also that when a motion is put forward as provided in paragraph (a), the Executive Secretary shall be suspended from office with right of pay until a decision or otherwise is take with regards to his suspension. During this period of time the Executive Secretary shall report for work at the Department. 50. Subject to the provisions of articles 49 and 53, a Local Council shall designate a Deputy Executive Secretary from the employees in scale 11 and above of the Council to exercise the functions of the Executive Secretary whenever the office of Executive Secretary is vacant or the Executive Secretary is for any reason unable to act. The Executive Secretary shall give due notice to the Council in writing of any instance where he is unable to act: Appointment of deputy Executive Secretary. Amended by: XXI.1999.3, 26. XIV.2019.44. Provided that if in that particular Local Council none of the employees are of the scale required, the Deputy Executive Secretary shall be designated from another Local Council as long as he has the required qualifications. 51. An Executive Secretary shall only act on a full-time basis. Full-time Executive Secretary. Amended by: XIII. 1996.27; XXI. 1999.3. Substituted by: XIV.2019.45. Functions of Executive Secretary. Amended by: XXI. 1999.3, 27; I. 2005.17; XVI. 2009.33; XIV.2019.46. L O C AL GOVERNMENT 52.

(1)The Executive Secretary shall be the executive, administrative and financial head of the Council.

(2)Without prejudice to any provision of this Act, the Executive Secretary shall (

a)issue all notices, prepare the agenda in consultation with the Mayor and attend all meetings; (
b)draw up and sign the minutes of Council and committee meetings: Provided that the Executive Secretary may nominate and the Council may approve, another person to act instead of the Executive Secretary in relation to any committee appointed by the Council; (
c)submit a detailed annual administrative report to the Mayor who shall submit it to the Council for its approval; (
d)cause to be submitted to the Council estimates of the income and expenditure of the Council during the next following financial year; (
e)carry out any other administrative duties as may be detailed by the Mayor, in accordance with policies decided and delegated by the Council; (
f)issue all orders bearing an expense as approved by the Council; (
g)execute the legitimate decisions of the Council and stop any activity or initiative planned by the Council and which is in breach of the law, regulations, national or local strategies or policies, or any activity or initiative which has not been approved by a Council decision. (
h)be responsible for the management both of the employees of the Local Council and Regional Council as well as of the workers assigned to the Local Council and Regional Council; and S.L. 363.20. (
i)perform those other duties as stipulated in the Local Government (Human Resources) Regulations. Appointment and qualification of Council employees. Amended by: XXI.1999.3, 28; XII. 2002.5; XVI. 2009.34; XIV. 2019.47. 53.

(1)(a) Subject to the provisions of article 110

(6)of the Constitution, the Local Council may appoint such other employees as the Council thinks necessary for the efficient discharge of functions of the Council and this following the approval of the Department. Qualifications of Executive Secretaries and Council employees. 53A. The Minister may, by regulations, and after consultation with the Association prescribe the qualifications to be possessed by, the remuneration payable to and the technical administrative and office procedures to be followed by - (b) The Council shall not purchase any clerical services. (a) any person appointed to the office of the Executive L O C A L GOVERNMENT [ CAP. 363. 35 Secretary or Deputy Executive Secretary of a Council; and (b) any person appointed to such other post as may be prescribed. 53B.

(1)The removal from office, suspension or reinstatement, or any withholding of the remuneration, of the Executive Secretary or the Deputy Executive Secretary of a Council and of any other employees for whom qualifications are prescribed under article 53A shall be subject to the approval of the Director: Removal, suspension and reinstatement of Executive Secretaries and employees of the Council. Amended by: XXI of 2020. Provided that such removal, suspension or withholding shall only become effective from such date as may be determined by the Director.

(2)A Council shall not, without the approval of the Minister, remove from office or suspend, or withhold the remuneration of an Acting Executive Secretary or Deputy Executive Secretary appointed by the Minister under article 49

(4).

(3)Employees of the Council shall be appointed for a period of three years and their contract may be renewed for successive three year periods under such terms and conditions as may be prescribed under article 53A.

(4)A Council shall not, without the approval of the Minister, remove from office or suspend, or withhold the remuneration of an Acting Executive Secretary appointed by the Minister under article 49

(4).

(5)Employees of the Council shall be appointed for a period of three years and their contract may be renewed for successive three year periods under such terms and conditions as may be prescribed under sub-article

(2). 53C. Unless there is a court order to the contrary, information relating to a particular employee or office-holder, former employee or former office-holder, or job applicant shall be treated as confidential and shall not be made available to persons other than the members of the Council, members of staff as delegated by the Executive Secretary, the Minister in the exercise of his functions under this Act and the individual concerned.

For the avoidance of doubt it is hereby declared that for superannuation purposes service rendered by a public officer with respect to whose temporary transfer arrangements are in force is service rendered to the department by which he was employed before the transfer and he shall not forfeit any pension, gratuity or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act. PART VI Finance Data protection. Status of public officers detailed on duty with Local Councils. Financial allocation to Councils. Amended by: XII. 2002.6; XVI. 2009.35; XIV.2019.
L O C AL GOVERNMENT 55.

(1)Each year the Minister responsible for finance shall allocate a provision under the Appropriation Act which shall serve for the exercise of the functions of Local Councils and Regional Councils as appear under this Act.

(2)The amount appropriated shall be allocated by the Minister to each Local Council on the basis of the formula determined in terms of the Eighth Schedule to this Act.

(3)In allocating the appropriated amount to a Local Council, the Minister may retain any portion of such amount after having the: (

a)advice of the Governance Board; or (
b)advice of the Director; or (
c)a recommendation from the Board appointed to investigate any irregularity of the Local Council or Regional Council. Annual budget. Amended by: XXI.1999.29; XII. 2002.7. Substituted by: XIV.2019.49.

(4)The Minister responsible for finance may each year allocate a fund to compensate for the co-financing of European Union projects.

Every Council shall once during the month of January in each financial year approve and make available its financial estimates for the following financial year. Method of supply of funds for ordinary administration. Amended by: XXI. 1999.3,
Substituted by: XIV.2019.
The allocation mentioned in article 55 shall be made available to Local Councils by the Minister after consultation with the Association. Method of supply of funds for special needs.| Substituted by: XVI. 2009.
The Minister may, after the approval of the Minister of Finance, estabish special funds and make such funds available to Local Councils. These funds shall be distributed by means of regulations to be made by the Minister. Five-year business and financial plan. Amended by: XXI.1999.3; XIV.2019.
59.

(1)At the end of the first year of its term, a Local Council shall prepare and discuss a Working Plan which covers a five-year plan on Local Council operation, projects and finances so as to provide a framework for the Local Council’s annual budgets.

(2)The Council shall revise or confirm the five year plan every year during its discussion on its annual budget.

(3)Copies of business and financial plans and revisions thereof, shall be forwarded by the Executive Secretary to the Minister and to the Minister responsible for finance within two weeks of their approval by the Council. Councils may raise additional funds.

Deleted by Act XIV.2019.52 L O C A L GOVERNMENT
The Local Council shall not authorise any works, services and provisions the value of which exceeds the annual provision allotted to it for that financial year and other provisions resulting from the previous year taking into consideration the amount forecast for payment of acts of ordinary administration: [ CAP.
37 Payments in excess of voted funds. Amended by: XXI.1999.3; XII. 2002.8; XIV.2019.
Provided that a Local Council shall prepare a plan of recovery to address its liquidity and shall only commit itself to the statutory functions provided for in article
62.

(1)The Minister responsible for finance may approve a supplementary provision to be made available to Councils after due co nsu ltation with t he Minister i f it resu lts that th e am ount appropriated by the Appropriation Act is insufficient. Such suppl em ent ary provision shall nevertheless be allocated to Councils in accordance with the provisions of article 55. Approval of supplementary funds. Amended by: XXI.1999.3.

(2)Where Councils receive a supplementary provision in terms of sub-article

(1), the Executive Secretary shall prepare the necessary supplementary estimates.

(3)Any monies declared to be a surplus in any financial year shall not be set off against the sum being voted in the Appropriation Act for the next financial year.

The Council shall be responsible for the receipt of all monies as are under this Act required but the Council shall have no power to hold or invest in any commercial undertaking unless authorised to do so in writing by the Minister. Limitation on investments and donations. Amended by: XXI.1999.31; XII. 2002.
63A. Any donation whether of money or in kind by a Local Council or Regional Council is prohibited unless it is related to a function established by article 33 or by a directive of the Director. No donationb by Councils. Added by: XII. 2002.
Amended by: L.N. 425 of
Substituted by: XVI. 2009.37; XIV. 2019.
Without prejudice to any other provision of this Act, the Minister may, either of his own accord or at the request of the Minister responsible for finance, by notice in writing, require the Executive Secretary to produce such books of account, records and any other document as may appear to him to be necessary without giving any reason for such demand. Minister may order production of books of accounts and other documents. Amended by: XXI. 1999.
65.

(1)The Auditor General shall appoint persons (to be known as "local government auditors") to audit the accounts of a Local Council subject to such conditions as he may deem fit. The appointment shall be for a period of one year, renewable each year, for a total period of not more than five consecutive years. Appointment of local government auditors. Amended by; XVI. 1997.8; XII. 2002.11; I. 2005.18; XIV.2019.55.

(2)A person shall not be qualified for appointment as a local government auditor unless he is an individual who holds a warrant to act as auditor issued under the Accountancy Profession Act, or is a partnership of auditors duly registered under the said Act and (

a)in the case of an individual, he is not - L O C AL GOVERNMENT (
i)a councillor of the locality whose books he is auditing; or (
ii)in the employment of the Council of the locality or a person who is rendering a service to the same Local Council; or (iii) related by consanguinity or affinity or by civil union in the direct line, or, up to the third degree, in the collateral line, to any councillor of that locality; (
b)in the case of a partnership, the partners between them possess the necessary qualifications according to article 10 of the Accountancy Profession Act.

(3)In the exercise of their duties local government auditors shall have access to all books, records, returns and other documents relating to the accounts of Local Councils and may require any person holding or accountable for any such books or documents to appear before them at the audit.

(4)The Auditor General may appoint, either temporarily or otherwise, persons to assist local government auditors in the performance of their duties.

(5)The remuneration and expenses of local government auditors, including the remuneration and expenses of persons appointed to assist local government auditors, to such amount as is sanctioned by the Auditor General, shall be paid out of the annual provision made available to the Auditor General.

(6)Local government auditors shall submit their reports not later than the end of June of each year to the Auditor General who shall forthwith transmit copies of those reports to the Minister, to the Director and to the respective Council. A copy of this report shall be laid on the Table of the House by the Minister within six weeks after receipt thereof by him. Additional auditing responsibilities. Amended by: XVI. 2009.38; XIV.2019.56. 66.

(1)The Minister shall, after consultation with the Minister responsible for finance, prescribe indicators to measure the performance of local council services, where such indicators are to f a c i l i t a t e c o m p a r i s o n s o f c o s t , e c o n o m y, e f f i c i e n c y a n d effectiveness between Local Councils over time. Performance Indicators for Local Councils shall be established by the Minister and regular appraisals by the Director on the basis of such indicators shall be made and such appraisal shall be published.

(2)In addition to duties specified in terms of or under this Act, local government auditors are required to satisfy themselves that a Local Council has made proper arrangements for securing economy, efficiency and effectiveness. Precedence for funds and special schemes. Added by: XIV.2019.

66A. Local Councils shall be given precedence for the application of funds and special schemes issued from time to time by the Minister or the Local Government Division on the basis of financial indicators and results, within a period of three years. This shall be done to give note and recognition to Local Council and Regional Councils who abide to the financial regulations. L O C A L GOVERNMENT [ CAP.
39
The Minister responsible for finance may, in conjunction with the Minister, make regulations under this Part of the Act for the purpose of regulating the financial functions of the Council, including the keeping of records and reporting. Regulations by Minister responsible for finance.
The provisions of this Part of the Act shall not prejudice the power given to Parliament to provide for the establishment of a Contingencies Fund and for authorising the Minister responsible fo r f in a nc e to m a k e a d v a n c e s f ro m t he F u n d i n u rg e n t a nd unforeseen cases in accordance with article 105 of the Constitution of Malta. Powers of Minister responsible for finance under the Constitution. PART VII Miscellaneous 69.

(1)The Minister responsible for finance shall, from time to time by warrant under his hand addressed to the responsible public officer, authorise and direct that all such monies as are reasonably required for meeting any lawful expense required to be incurred for the holding of elections of Local Councils be paid out of the Consolidated Fund without any further appropriation under this Act. Appropriation of monies required to hold Council Elections.

(2)A statement of the expenses so paid shall, so soon as practicable, be laid on the Table of the House of Representatives. 70.

(1)meetings– Local Councils shall call two annual locality (a) an annual meeting which shall be held not later than the fifteenth

(15)December so as to present the financial estimates prior to the Council meeting in which the Council shall consider the estimates for the following financial year; and (b) another annual meeting is to be held not later than the fifteenth

(15)April of every year in which there shall be presented the administrative report, the financial report and the Work Plan. The first item on the agenda of every annual meeting shall be the reading of the minutes of the previous meeting.

(2)The annual locality meetings shall be held at such place as the Local Council may determine and which is accessible to all persons. A notice for such meetings shall be made by means of a letter sent to every residence, business, and associations of the locality and on the website and published on the Council’s social media not later than 15 days before the date of the meeting: Provided that such meetings may be held otherwise as provided by a directive of the Director after consultation with the Association, and this measure shall be taken only in exceptional circumstances. Locality Meeting. Amended by: XXI. 1999.3, 32; XVI. 2009.39; XIV.2019.58; LIX.2020.6. L O C AL GOVERNMENT

(3)The Mayor shall be the Chairman at such meeting and the Executive Secretary shall keep a record of the proceedings of the meeting including any complaints or suggestions made during that meeting. The minutes of such meeting shall be discussed by the Council during the first Council meeting following the locality meeting and the Council shall take action upon any such complaints and suggestions related to the meeting as it may consider fit. Public consultation.

A Council shall hold a public consultation about any issue which falls within its competence either at its own instance or whenever so requested by the electors listed as voters for the locality in the last Local Councils’ Electoral Register: Provided that a petition requesting such consultation has been signed by at least one-fifth of the electors listed as voters for that locality in the last Local Councils’ Electoral Register where the population of registered voters is of 3,000 or more, or by at least one-fourth of the said electors where the population of registered voters is less than 3,
Power of Minister to make regulations. Amended by: XIII. 1996.27; XXI. 1999.33; XVI. 2003.24; III. 2004.10; I. 2005.19; Amended by: XL. 2015.6; XIV.2019.
72.

(1)Without prejudice to any power to make regulations conferred by this Act, the Minister may make regulations not inconsistent with or repugnant to this Act, generally for carrying the provisions of this Act into effect.

(2)Without prejudice to the generality of the foregoing, the Minister may in particular by regulations amend the First Schedule subject to the provisions of article 74, and from the Fourth to the Ninth Schedule and from the Twelfth to the Fourteenth Schedule inclusive and any forms set out therein.

(3)The Minister may also, in addition to such regulations, make or authorise the making of such forms, procedures, guidelines and directions as he may deem necessary or expedient, in relation to any function vested in or delegated to Local Councils and Regional Councils by or under this Act, so as to secure a uniform level of operation, and the procurement of other services and goods, or to establish minimum standards or to provide for such other matter as may be ancillary or incidental to the exercise of such functions.

(4)The Minister may also, after consulting the Local Councils Association, make regulations providing for the representation of Maltese Local Councillors on the Committee of Regions of the European Union and on any other international forum or institution requiring representation of local Councillors. Official Population 73. The Director shall every year obtain the official population statistics of every locality, which shall be made available to all Local Councils. Coats-of-arms. Amended by: XXI.1999.34. 74.

(1)The Council shall be vested with the ownership of the Coat of Arms but bona fide local associations may use the Coat of Arms of their locality provided that such use is not for a commercial purpose. Statistics. Substituted by: XIV.2019.60.

(2)Local Councils shall have the right to petition the Minister L O C A L GOVERNMENT [ CAP. 363. 41 for changes in the design of the coat-of-arms after a resolution to that effect has been carried by a two-thirds majority of the Council and the Minister shall consider such request.

(3)The Minister shall thereupon appoint an ad hoc committee of three persons, one from the Local Council concerned, one representing the Minister and an expert in heraldry to advise him on the proposed changes. The Minister’s decision shall be final.

(4)Localities which are historically known as cities shall be distinguished as such by a distinctive mark in their coat-of-arms as shown in the First Schedule: Provided that a Council of such a locality may apply to the Minister for approval to use a motto. An approved motto shall be published by notice in the Gazette.

(5)Localities may display a square flag showing their coat-of arms or some other design approved by the Minister. 75.

(1)Each Council shall have an official seal which shall include the coat-of arms of the locality for which it is responsible.

(2)Any person making unauthorised use of the seal shall commit an offence and shall be liable on conviction to a fine (ammenda) of two hundred euro (€200): Seals. Amended by: L.N. 425 of 2007; XIV.2019.

Provided that the Minister may, from time to time, by notice in the Gazette specify higher penalties which in no case shall exceed a fine (ammenda) of two thousand and five hundred euro (€2,500).
A Council may petition the Minister to be allowed to adopt and use any name historically used for representatives of the particular locality, or of a city which forms part of the locality. Councils may adopt historical names. 77.

(1)Notwithstanding the provisions of any other law, Councils shall not have the right to apply for any licence to broadcast any programme. Councils not to have broadcasting facilities.

(2)For the purposes of sub-article

(1), "broadcast" has the same meaning assigned to it by article 2 of the Broadcasting Act.

The First, Second, Ninth and Twelfth to the Fourteenth Schedule shall be published with the Maltese text only and such Schedules shall apply also to the English text of this Act. Publication of the First, Second and Ninth Schedules. Amended by: XXI.1999.35; XVI. 2003.
Substituted by: XIV.2019.
79.

(1)A Local Council shall have the right to make twinning arrangements with any city, town, village or other locality in any other country: Twinning. Added by: XXI. 1999.

Amended by: I. 2005.20; XVI. 2009.
Provided that any twinning between a city, town or village and another locality in any other country shall require the approval of the Minister which shall be given after the Association has given the Minister its opinion on such proposed twinning.

(2)The Minister may make regulations to regulate twinning L O C AL GOVERNMENT agreements between Local Councils. Functions of the Director. Added by: XXI. 1999.36. Amended by: XVI. 2009.41; XIV.2019.63. 80. The Director shall (

a)facilitate the effective and efficient functioning of Local Councils in full respect of the autonomy granted to Local Councils by this Act; (
b)assist the Minister in carrying out the functions assigned to him by this Act and for such purpose to issue forms, procedures, guidelines, directions or other instruments as may be necessary; (
c)perform such other functions, not being incompatible with the autonomy granted to Local Councils by this Act, as the Minister may from time to time direct; (
d)manage the Department and ensure that the necessary support from the Department is given to Local Councils; (
e)ensure that the Department provides training for Councillors and for Local Council employees; (
f)When a Council fails to conduct a function. Added by: XVI. 2009.42. Amended by: XIV.2019.81. Local and Regional Protocol. Added by: XIV.2019.65. Code of Ethics. Added by: XIV.2019.65. Protection and privacy of personal data. Added by: XIV.2019.65. monitors the operations of the Local Government. 81. In any case where a Local Council fails to carry out any function within its responsibility as provided in article 33, and the Council persists in not carrying out such function notwithstanding a warning given by the Director, such function may be carried out by any department, authority or agency at the expense of the said Local Council, and such expenses shall be deducted from the financial allocation of that Local Council and transferred to the entity which has carried out such function instead of the Council. 82. The precedence, status and behaviour towards the P r e s i d e n t o f t h e R e g i o n , M a y o r, D e p u t y M a y o r a n d L o c a l Councillors shall be regulated by the Twelfth Schedule of this Act. 83. The behaviour expected from every person elected to Local Government shall be regulated by the Code of Ethics of Elected Representatives to Local Government which is provided for in the Thirteenth Schedule of this Act. 84. Due to reasons of protection and privacy of personal data, the names of third parties who are not directly involved in the operations of the Council shall not be published or broadcasted during meeting of the Council. This also includes the reasons given in writing by a councillor as to why he is not able to attend a meeting of the Local Council, where such reasons have only been given to the Executive Secretary, the Mayor and the councillors. L O C A L GOVERNMENT FIRST SCHEDULE* (Article 74) Coat of Arms SECOND SCHEDULE * (Article 2) Localities and their Boundaries *See Maltese text. [ CAP. 363. 43 Amended by: L.N. 170 of 1995; L.N. 28 of 1996; L.N. 97 of 1996; L.N. 205 of 1996; L.N. 107 of 1997; XXI. 1999.37; L.N. 7 of 2001; L.N. 158 of 2005; L.N. 96 of 2007; L.N. 28 of 2008; XVI. 2009.43; L.N. 230 of 2011; L.N. 12 of 2023. Amended by: L.N. 87 of 1998; XXI. 1999.38; XVI. 2009.44. L O C AL GOVERNMENT THIRD SCHEDULE (Articles 5, 8, 9, 23) Amended by: XXI. 1999.3, 41; XVI. 2003.24; I. 2005.21; L.N. 181 of 2006; II. 2007.30; XXI. 2007.8; L.N. 425 of 2007; L.N. 426 of 2012; L.N. 36 of 2013; L.N. 157 of 2014; XXIV. 2015.53; XIX.2018.19; XI.2019.19. Local Councils (Elections) Regulations, 1993 ARRANGEMENT OF REGULATIONS PART I. PART II. PART III. PART IV. PART V. PART VI. PART VII. PART VIII. PART IX. PART X. PART XI. PART XII. PART XIII. PART XIV. PART XV. PART XVI. PART XVII. PART XVIII. General Provisions The Local Councils’ Electoral Register Election Notice, Voting Documents and Ballot Papers Nomination of Candidates Assistant Commissioners Voting Voting in Retirement Homes and Hospitals Counting of Votes Ballot Paper Account Reconciliation Counting and Sorting of Votes Casual Vacancies Illegal Practices Corrupt Practices Excuse for Corrupt and Illegal Practices Grounds for Avoiding Elections Publication of Results in each Locality Penal Provisions Saving as to Right of Political Parties Regulations 1-6 7-14 15-21 22-25 26-29 30-47 48-52 53-62 63-71 72-87 88-92 93-103 104-108 109-111 112-113 114-116 117-122 123-124 SCHEDULES FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE SCHEDULE THREE-A FOURTH SCHEDULE Form of Oath of Office to be taken by the Electoral Commissioners Form of Application for a Person who is not a Citizen of Malta for Registration as a Voter for Local Councils Form of Corrections or Transfers (Local Councils) for a Person who is not a Citizen of Malta The Local Council Elections (Electronic Counting and Sorting) Regulations, 2019 Form of Application for a Person who is not a Citizen of Malta for the Correction of Designation or Address (Local Councils) L O C A L GOVERNMENT FIFTH SCHEDULE [ CAP. 363. 45 Form of Application by Female Electors who are not Citizens of Malta for the Correction of Surname and Address in consequence of Marriage (Local Councils) SIXTH SCHEDULE Form of Notice by the Electoral Commission SEVENTH SCHEDULE Form of Voting Document EIGHTH SCHEDULE Form of Ballot Paper NINTH SCHEDULE Form of Nomination Paper TENTH SCHEDULE Form of Oath to be taken by Principal Assistant Electoral Commissioners and Assistant Electoral Commissioners ELEVENTH SCHEDULE Form of Oath which an Assistant Commissioner may administer to a Voter TWELFTH SCHEDULE Declaration of Result of Poll THIRTEENTH SCHEDULE Return of Election Expenses FOURTEENTH SCHEDULEForm to be affixed in each Polling Booth L O C AL GOVERNMENT PART I General Provisions Short Title. 1. These regulations may be cited as the Local Councils (Elections) Regulations, 1993. Interpretation. Amended by: L.N. 426 of 2012; XIX.2018.19. 2.

(1)requires: In these regulations, unless the context otherwise "Act" means the Local Government Act; "Commission" shall mean the Electoral Commission established by article 60 of the Constitution; "election" means an election for Local Councils; "Electoral Office" means the Electoral Office established by article 11

(1)of the General Elections Act; "House" means the House of Representatives established by the Constitution; "an identification document" means a document which is an identification document for the purposes of the Identity Card and other Identity Documents Act; "Local Council" shall mean the Local Councils established by the Local Government Act; "political party" shall, for the purposes only of regulation 6, mean any person or group of persons who, having contested the general elections for members of the House of Representatives under one name, is represented in the House by at least one member, and in all other cases "political party" shall mean any person or any group of persons contesting the election of a Local Council as one group bearing the same name provided that the rights and obligations of such party shall be limited to the election of the Local Council for which such party is contesting; "polling booth" means the room wherein voters attend on the day of the poll to receive and mark a ballot paper and insert the same in a ballot box; ''polling day" means the proper day established for voting in the Notice referred to in regulation 15; "polling place" means the school, building or other complex or structure wherein one or more polling booths are situated and shall include the grounds, if any, of such complex or structure; "the first voting day" means the Saturday before polling day when advanced voting takes place according to the particular provisions of this Act, by voters being abroad or who shall be recovered in a hospital on polling day, by residents in homes for the elderly, by members of the Commission and by residents of the Corradino Correctional Facility; "the second voting day" means the Tuesday before polling day when voting takes place according to the particular provisions of this Act, by voters who are assigned as Assistant Electoral L O C A L GOVERNMENT [ CAP. 363. 47 Commissioners; "the third voting day" means the Thursday before polling day when voting takes place according to the particular provisions of this Act, by voters recovered in hospitals; "voting document" means the voting document which is to be forwarded to voters in terms of regulation 17.

(2)Whenever by these regulations a penalty is attached to the performance of any act "before, during or after", an election, no account shall be taken of anything done earlier than: (

a)in the case of any election held in consequence of the dissolution of the Local Council in terms of article 22 of the Act, the issue of the notice setting the date of the election; (
b)in the case of any election held in consequence of the expiry of the term of the Local Council in terms of article 8 of the Act, three months before the date of such expiry. 3. Where any period of time prescribed by any of the provisions of these regulations for carrying into effect any procedure is, in the opinion of the Electoral Commission, insufficient for the purpose, the Electoral Commission may, by notice published in the Gazette, extend such period as it may deem necessary. Extension of periods of time. Amended by: XIX.2018.19. 4. The commissioners shall, on their appointment, take before the Attorney General the oat h of off ice set out in the First Schedule. Oath to be taken by commissioners. 5.

(1)In the execution of their duties under these regulations, the commissioners shall, in the absence of any express provision contained in these regulations, do all such things as appear to them to be necessary for the performance of their duties. Powers of commissioners.

(2)In the execution of their duties under these regulations, the commissioners shall have the powers conferred by law on the Courts of Magistrates for the purpose of enforcing order at their sittings and ensuring the respect due to them. 6.

(1)Every political party shall have the right to nominate two delegates (hereinafter referred to as the "party delegates") to the Commission.

(2)Party delegates shall represent the political party nominating them with the Commission and shall have the right in general to be informed of all sittings of the Commission and decisions taken thereat.

(3)The party delegates shall notwithstanding the provisions of any other law, have full and free right of access to the Electoral Office, to all records kept therein and to check, verify and obtain any information regarding the work of the Electoral Office; provided that the Commission shall have the right to nominate an official of the Commission to accompany such delegates at all times. Party Delegates. L O C AL GOVERNMENT

(4)The party delegates shall continue in office until removed by the political party nominating them.

(5)Party delegates shall have the right to seek and obtain from the commissioners as well as from any other official connected with the running, supervising or security of the elections or of any aspect thereof, information showing whether or not such persons are taking adequate measures to comply with the provisions of these regulations in the forthcoming elections, and the commissioners or such other persons shall, notwithstanding any other law or regulation, be bound to furnish such information immediately.

(6)Notwithstanding any provision in these regulations granting party delegates and political parties the right to seek and obtain information or their right to be given copies of documents and lists by the Commission or by government departments, such right shall not include the right of access to medical records or to adoption records of voters and the right to be made aware prior to the day of the poll of security features relating to ballot papers, voting documents and the official mark used by the Commission on ballot papers. Where the in formatio n, documents or lists are of a confidential n

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