Chapter 595

(1)In this Act, unless the context otherwise "Code of Ethics" means the code of ethics established in the First Schedule; "Department of Government" or "Department" means any entity in the Public Service that is listed in the Second Schedule; S.L. Const.03 "Disciplinary Regulations" means the Public Service Commission Disciplinary Regulations or any other regulations on disciplinary matters substituting them and which may be made under article 121

(1)of the Constitution; "government agency" or "agency" means a body listed in the Fourth Schedule; "government entity" means an organisation, not being a government department, specialised unit, a government agency or a commercial partnership, in which Government has a controlling interest, whether or not such organisation is established by law; "grade" consists of a group of one or more posts in one or more ministries or departments that bear a common designation and form part of a career stream providing for mechanisms of promotion from one grade to another; "Higher Executive Service" means the body of senior public officers to which article 19 refers; "Minister" means, unless the context otherwise requires, the Minister responsible for the public administration so however that where the Prime Minister has delegated, wholly or in part, any of the powers, functions or authorities assigned to him by this Act, the Prime Minister may still exercise such powers, functions or authorities collaterally with such Minister; PUBLIC ADMINISTRATION "ministry" means an organisation referred to in article 7; "position" means any office in the public service, other than a grade; "post" means a particular set of tasks or duties which are performed or intended to be performed by one person; "Principal Permanent Secretary" means the person appointed in terms of article 14; "public administration" means the Government of Malta including its ministries and departments, specialised units and the agencies, government entities, commissions and boards referred to in this Act; "public administration values" means the values listed in article 4; "public employee" includes public officers and employees of government agencies and government entities; "public office" has the same meaning assigned to it by article 124 of the Constitution and shall also, for the purposes of this Act, be understood to mean any grade or position except those listed in subarticle

(2)(a); "public officer" has the same meaning assigned to it by article 124 of the Constitution, but shall for the purposes of this Act be understood in accordance with sub-article

(2); "public service" has the same meaning assigned to it by the Constitution, but shall for the purposes of this Act be understood in accordance with sub-article

(2); "Public Service Commission" means established by article 109 of the Constitution; the Commission "transfer" means to assign a public officer to a different post.

(2)This Act shall not apply to: (

1. a)the offices of judge, magistrate, Attorney General and Auditor General; and (
2. b)the offices of Speaker, Deputy Speaker, Ombudsman, Information and Data Protection Commissioner and Commissioner for Standards in Public Life; and (
3. c)the Broadcasting Authority, the Electoral Commission, the Employment Commission, Parliament, and (in so far as this Act does not specifically refer to
4. it)the Public PUBLIC ADMINISTRATION Service Commission: Provided that, without prejudice to the independence of the Electoral Commission and the Public Service Commission under the Constitution, this Act shall apply to the Electoral Office and the Office of the Public Service Commission.

(3)Unless otherwise specified in this Act, where a provision of this Act conflicts with the provisions of any other law governing a department, an agency or a government entity, the other law shall prevail. Principle of accountability. 3. Departments of Government, government agencies and government entities are bodies which manage public resources and which provide services to the public or perform other functions on behalf of the State, and as such, these bodies, and the public employees performing duties therein, shall: (

1. a)be governed by the provisions of this Act, including the public administration values and the Code of Ethics; (
2. b)be subject to ministerial direction as provided for in the Constitution and in this Act and other laws, except on matters in respect of which they are expressly required by law to act independently or under the direction of a person or authority other than a Minister; (
3. c)be accountable under this Act and other laws for the manner in which they provide services, carry out their functions and manage their resources, for their observance of the public administration values and the Code of Ethics, and for their observance of the ministerial directions referred to in paragraph (b). Public administration values. 4.

(1)In the carrying out of their functions or duties, public employees shall uphold and promote the following values: (

1. a)integrity; (
2. b)respect; (
3. c)loyalty; (
4. d)trust; (
5. e)quality; (
6. f)accountability; (
7. g)impartiality; and PUBLIC ADMINISTRATION (
8. h)non-discrimination.

(2)Any failure by a public employee to act in a manner that reflects these values shall constitute grounds for disciplinary proceedings against that public employee under applicable rules and procedures.

(3)The Principal Permanent Secretary may issue directives aimed at upholding and better realising the public administration values, and public employees shall comply with such directives.

(4)The Sixth Schedule shall contain a list of those posts within the public administration that, due to the nature of their role and responsibilities, are considered to be high risk posts: Provided that the Principal Permanent Secretary may issue directives applicable to the positions so identified.

(5)Public employees holding posts that involve regulatory and inspectorate functions may be designated for the purposes of this sub-article and, in the case of any post so designated (

1. a)the incumbent shall be required to enter into an undertaking under which he shall not, for a period of up to two years following his resignation, retirement or termination from public employment, have a relationship of profit with any private enterprise or non-government body with which he has dealt as aforesaid during a period of up to five years immediately preceding his resignation, retirement or termination from public employment; (
2. b)"relationship of profit" means a relationship of any kind in which the former public employee has done work for which remuneration is ordinarily payable, whether or not any remuneration has in fact been received, with a private enterprise or non-government body; (
3. c)the undertaking shall be regarded as a condition of employment of the post to which it applies, but it shall continue to apply to the incumbent if he takes up a different post in public employment; and (
4. d)the undertaking shall specify the penalty that shall apply if its terms are breached, which penalty shall be equivalent to three years’ salary: Provided that the designation of posts referred to in this sub-article shall be carried out by a board composed of a chairman and two other members appointed by the Minister which Board shall also monitor the proper implementation of this sub-article.

(6)A person who is subject to an undertaking in terms of sub- PUBLIC ADMINISTRATION article

(5)may request a ruling from the Board established in the same sub-article to determine whether entering into a particular relationship of profit would constitute a breach of that undertaking, and no penalty shall apply to any breach of the undertaking where the person has acted in conformity with the ruling of the Board. Code of Ethics. 5.

(1)The Code of Ethics set out in the First Schedule shall apply to public employees.

(2)The Prime Minister may, from time to time, by order in the Gazette, amend or substitute the First Schedule.

(3)It shall be the duty of all public employees to comply with the Code of Ethics, and failure to do so on the part of any public employee may constitute grounds for disciplinary proceedings against that employee under applicable rules and procedures.

(4)The Principal Permanent Secretary may issue directives aimed at upholding and ensuring compliance with the Code of Ethics and, with the concurrence of the Minister responsible for the particular board or commission, he may also issue such directives with respect to boards and commissions.

(5)The head of a department, specialised unit, agency or government entity may, with the approval of the Principal Permanent Secretary, make rules of ethical conduct, complementary and in addition to the Code of Ethics, relating to the circumstances particular to that organisation, and the term Code of Ethics in relation to public employees in that organisation shall include such rules. PART II The Public Service Title 1 - Organisation Ministers and Ministers’ Secretariats.   6.

(1)Where a Minister is assigned responsibility for any department, agency or entity of Government in terms of article 82 of the Constitution, that Minister shall, in line with article 92 of the Constitution, and without prejudice to article 6 of the Interpretation Act, have the general direction and control of all departments, agencies and government entities that may be placed under his responsibility and may give directions directly to the head of the department, Chief Executive Officer, Board of Directors or any other employee falling within his responsibilities, on any matter, except matters where the head of department, Chief Executive Officer, Board of Directors or other employee is required by any law to act (

1. a)independently; or (
2. b)in accordance with the direction of a person or PUBLIC ADMINISTRATION authority other than the Minister: Provided that where a Permanent Secretary has been appointed to supervise the relative department, agency or government entity the Minister shall inform the Permanent Secretary that he has given such directions: Provided further that any public employee who receives directions from the Minister shall inform the Permanent Secretary forthwith that such directions have been given by the Minister.

(2)A Minister may be assigned responsibility for any department, agency or government entity including the departments listed in Part II of the Second Schedule.

(3)The staff assigned to the secretariat of a Minister, including advisors or consultants to the Minister, shall be deemed to be occupying positions of special trust and shall, even if they are public officers assigned on transfer, be appointed thereto on the basis of a definite contract.

(4)The Prime Minister may issue directives concerning the functions, administration and establishment of Ministers’ secretariats, the engagement of staff thereto, the terms and conditions under which such staff shall serve, and the conditions applicable upon termination or expiry of the contracts of such staff.

(5)Save as may otherwise be provided for by the Prime Minister’s directives, a Minister’s secretariat shall be under the supervision of a member of staff so designated who shall report to the Minister: Provided that this shall be without prejudice to the provisions of article 17

(7).

(6)The provisions of sub-articles

(3),

(4)and

(5)shall apply mutatis mutandis to the secretariat of a Parliamentary Secretary. 6A.

(1)Ministers and Parliamentary Secretaries may engage directly, on a persons of trust basis, individuals from outside the public service and the public sector: (

1. a)to act as consultants Parliamentary Secretary; or to a Minister or (
2. b)to act as staff of the Secretariat of a Minister or a Parliamentary Secretary; or (
3. c)in the event that following repetitive public calls for engagement, a post remains vacant: Provided that persons of trust shall not be deemed to be Persons of trust. Added by: XVI.2021.6. PUBLIC ADMINISTRATION public officers or public employees.

(2)Persons of trust shall be engaged on a fixed term engagement contract:    S.L.

2. Provided that a person engaged in this position shall not attain indefinite status if employed in excess of the legal limit stipulated in the Contracts of Service for a fixed term Regulations, on the basis that the engagement is linked to a particular Minister or Parliamentary Secretary where the maintenance of a higher level of trust is necessary by virtue of the nature of the position and where a high level of trust is objectively an essential element of the employment relationship.

(3)The number of persons that may be engaged and the conditions of employment of persons of trust shall be established in the manual published by Cabinet Office which shall be laid on the table of the House. Ministries. 7.

(1)A ministry shall be constituted as a distinct organisation in its own right under every Minister who is assigned portfolio responsibilities in accordance with article 82 of the Constitution, and the ministry shall consist of: (

1. a)the Minister’s secretariat; (
2. b)the secretariats of such Parliamentary Secretaries as may be appointed to assist the Minister; (
3. c)the office of the Permanent Secretary; and (
4. d)such other divisions, directorates, sections, offices or other units within the public service as may be placed or established within the ministry by the Prime Minister.

(2)Where more than one Permanent Secretary reports to the same Minister (other than temporarily due to arrangements made under articles 83 or 84 of the Constitution), the scope of responsibilities of each Permanent Secretary shall be delineated by the Prime Minister. Departments. 8.

(1)Departments of Government shall be those listed in the Second Schedule.

(2)The functions of departments shall be in accordance with the indicative summaries shown against the respective departments in the Second Schedule.

(3)The Prime Minister may, by order in the Gazette, amend the Second Schedule to: PUBLIC ADMINISTRATION (

1. a)establish a new department; (
2. b)abolish a department or change its name or function; and (
3. c)change the titles of heads of department and other officers as provided for in article 11.

(4)Departments which, by virtue of any applicable laws or special administrative arrangements, are not subject to the direction and control of a Minister in the performance of their main functions shall be listed in Part II of the Second Schedule, but the applicability of any such law or special administrative arrangement to such a department shall not depend on its listing in the Schedule. 9.

(1)The Prime Minister may, by order in the Gazette, amend the Third Schedule to: (

1. a)Specialised units. establish specialised units; (
2. b)determine their function to be executed within a defined period; (
3. c)determine the position under which the Head of Unit shall be appointed.

(2)The Head of Unit shall report to his immediate superior and, or to the Permanent Secretary.

(3)All employees within the specialised units shall be governed by the public administration values and code of ethics established by this Act. 10.

(1)There shall be a Senior Appointments Advisory Committee, hereinafter referred to as "the Committee", which shall: (

1. a)consult the relevant Ministry and, or the Permanent Secretary about the principal structure and duties attached to, and the results expected from, any headship position that is vacant or expected to become vacant; (
2. b)identify candidates for the position on the basis of an assessment of eligible candidates’ individual and relative merits against the requirements of that office, within the parameters set by the Constitution; and (
3. c)give due account about the candidates and propose for the Prime Minister’s consideration the candidate who in its opinion is best suited on the basis of merit to fill the position.

(2)The Committee shall be chaired ex officio by the Senior Appointments Advisory Committee. PUBLIC ADMINISTRATION Principal Permanent Secretary or his delegate being a Permanent Secretary and shall consist of: (

1. a)at least two other members, one of whom shall not be a public officer, who shall be appointed by the Prime Minister; and (
2. b)any additional members co-opted by the Prime Minister for the purpose of considering applicants for specific headship positions.

(3)The Committee may call upon the advice and assistance of Permanent Secretaries in screening or short-listing candidates or at any other stage but shall otherwise regulate its own procedure. Titles of headship positions and other public offices, and equivalent titles at law. 11.

(1)The Prime Minister may, from time to time, determine the position titles under which heads of department shall be appointed, and such titles shall, by order of the Prime Minister, be published in the Gazette, and be listed next to the corresponding name of the departments in the Second Schedule: Provided that the re-designation of a position while it is occupied shall not be taken as a re-appointment of the incumbent or a change to the terms of his appointment.

(2)The assignment by the Prime Minister of similar position titles to different headship positions shall not mean that such positions should necessarily attract the same status and terms and conditions.

(3)Where, in accordance with the provisions of this Act, a headship position, or any other office in the public service, that has been established or is assigned functions by another Act (

1. a)is assigned a new title; or (
2. b)is merged with another public office as a result of organisational restructuring, the title assigned to the office by the other Act (hereafter in this article referred to as the "equivalent title at law") shall be listed in the Second Schedule along with the new title of the office or the office with which it has been merged in terms of paragraphs (
3. a)or (b), as the case may be, and the provisions of sub-articles

(4)and

(5)shall apply.

(4)Where any office in the public service is listed in the Second Schedule along with an equivalent title at law (

1. a)the powers assigned to the office under its equivalent title at law shall vest in the holder of the office as currently titled; and PUBLIC ADMINISTRATION (
2. b)both titles shall be regarded as interchangeable for the purpose of any law and a reference to one title in place of another shall not invalidate any act or any legal proceedings.

(5)Where any law - (

1. a)assigns, or permits the assignment of, functions to staff acting on behalf of the holder of a public office; and (
2. b)that office is listed in the Second Schedule as the equivalent title at law of a second office, such functions may be performed by the assigned staff in the department to which the second office belongs, notwithstanding anything to the contrary in the said law; but any conditions or requirements attached by the law to the performance of such functions shall otherwise continue to apply.

(6)If a public office has more than one equivalent title at law, the provisions of sub-articles

(4)and

(5)shall apply in respect of each such title. 12. The Permanent Secretary with respect to the head of any department listed in the Second Schedule and the head of department with respect to a member of staff, as the case may be, shall ensure that the most suitable officer, as the case may be, and due account being taken of seniority and technical abilities, is nominated by notice in the Gazette for the purposes of article 124

(5)of the Constitution with the aim of exercising any powers as are vested by any law if the head or other member of staff is absent from his office and temporarily unable to discharge his duties so that such powers shall be exercised during the period of the officer’s absence. Exercise of powers during a public officer’s absence. 13.

(1)Unless otherwise provided for in any other law, where a board is supported by a secretariat consisting of public officers drawn from a department, the board, limitedly in relation to administrative matters and matters affecting the department as a whole, shall be subject to the authority of the head of department. Secretariats of boards and commissions.

(2)The secretariat of the board shall be under the direction of an officer, hereinafter referred to in this article as "the designated officer", who shall follow the directions of the head of department within which the board secretariat operates on the matters mentioned in sub-article

(1).

(3)A head of department shall not give directions to the board or the designated officer on matters in respect of which the board is required by law to function independently.

(4)In this article "board" includes any commission, council, panel, committee or other similar body, not being a body established PUBLIC ADMINISTRATION by the Constitution, but does not include any ad hoc board set up for the purpose of inquiring into the conduct of any public employee or the operations of any department, agency, entity or such other similar body. Title 2 - Leadership The Principal Permanent Secretary. 14.

(1)The Principal Permanent Secretary shall be appointed in accordance with article 92 of the Constitution, and shall also assume the functions of Secretary to the Cabinet: Provided that the Prime Minister may, in terms of article 94 of the Constitution, appoint another person, not being the Principal Permanent Secretary, to perform the functions of the Secretary to the Cabinet.

(2)The function of the Principal Permanent Secretary shall be to lead the public service.

(3)The Principal Permanent instructions from the Prime Minister. Secretary shall take

(4)The Principal Permanent Secretary may, with the concurrence of the Prime Minister, delegate any of his functions under this article to one or more Permanent Secretaries or heads of department.

(5)The Principal Permanent Secretary shall: (

1. a)provide leadership to the public service; (
2. b)uphold and promote the public administration values and the Code of Ethics, and monitor the compliance of public employees therewith; (
3. c)take measures to improve the performance of the public service; (
4. d)assume overall responsibility for human resource management and development within the public service; (
5. e)take measures to ensure coordination between departments, agencies, government entities and Local Councils and to ensure that agencies and government entities are complying with the key policy objectives and management priorities of the Government; (
6. f)provide leadership and direction to Permanent Secretaries; (
7. g)set performance targets for Permanent PUBLIC ADMINISTRATION Secretaries and monitor their performance consultation with the relative Minister; following (
8. h)advise the Prime Minister on matters relating to the public service and the wider public sector, including the appointment and termination of appointment of Permanent Secretaries and heads of department; and (
9. i)perform any other function that may be assigned to him by or under any law.

(6)The Principal Permanent Secretary shall assume the headship and supervisory functions of a Permanent Secretary in relation to the Office of the Prime Minister and the departments, agencies and government entities under the Prime Minister’s responsibility: Provided that one or more additional Permanent Secretaries may be appointed to assist the Principal Permanent Secretary in accordance with such arrangements as the Prime Minister may make under article 7

(2). 15.

(1)The Principal Permanent Secretary may issue directives as variously specified in this Act and may in addition issue directives on any matter relating to the organisation and management of the public service. Directives issued by the Principal Permanent Secretary in relation to the Public Service.

(2)Public officers shall comply with all applicable directives issued by the Principal Permanent Secretary, and officers who fail to comply shall be liable to proceedings under the Disciplinary Regulations.

(3)Directives issued by the Principal Permanent Secretary may apply for a definite or an indefinite period and to any or all ministries, departments, specialised units and public officers, according to the nature of the provisions contained therein or as specified by the Principal Permanent Secretary.

(4)The Principal Permanent Secretary may codify standing directives, together with any amendments that he may make thereto from time to time, in the form of the Public Service Management Code or other manuals on specific matters which he may issue for this purpose.

(5)The Prime Minister may give directions to the Principal Permanent Secretary concerning the issue, amendment or revocation of any directives. 16.

(1)There shall be a Committee of Permanent Secretaries which shall be chaired by the Principal Permanent Secretary, and which shall consist of all Permanent Secretaries as members. Committee of Permanent Secretaries. PUBLIC ADMINISTRATION

(2)The Permanent Secretaries shall fulfil their collegiate responsibility for the performance of the public service, facilitate the realisation of Government policies and ensure the achievement of Government objectives that cut across ministries through the Committee of Permanent Secretaries.

(3)The meetings of the Committee of Permanent Secretaries shall be convened by the Principal Permanent Secretary as often as he may deem necessary but at least once every three months.

(4)The provisions of this article shall apply without prejudice to the individual responsibility of Permanent Secretaries to their Ministers, and to the Prime Minister through the Principal Permanent Secretary, for the achievement of Government objectives. Supervision of departments by Permanent Secretaries. 17.

(1)Where, in accordance with article 92

(2)of the Constitution, a Permanent Secretary is charged with the supervision of one or more of the departments of Government that are listed in Part I of the Second Schedule, he shall ensure that each department is: (

1. a)working towards the timely and effective fulfilment, in conjunction with other government organisations as appropriate, of his Minister’s and the Government’s policy objectives; (
2. b)being managed according to law, the public administration values, the Code of Ethics, and applicable policies and directives governing staff conduct, management and the use of resources; and (
3. c)operating economically, efficiently and effectively and delivering any services to the public to a satisfactory standard.

(2)A Permanent Secretary shall advise his Minister on all matters pertaining to the departments under his supervision.

(3)A Permanent Secretary may give directions to, and set targets for, a head of department on any matter in fulfilment of his duties under sub-article

(1), and he shall monitor and assess the head of department’s performance in relation to such directions and targets: Provided that a Permanent Secretary may not give directions to, or set targets for, a head of department on matters where the head is required by any law to act independently or in accordance with the direction of a person or authority other than a Minister.

(4)A Permanent Secretary may, with the concurrence of the Prime Minister, exercise his powers of supervision of a department of PUBLIC ADMINISTRATION government through another public officer of suitable seniority.

(5)A Permanent Secretary shall be answerable to his Minister and, through the Principal Permanent Secretary, to the Prime Minister for the performance of the departments under his supervision notwithstanding any arrangements that may be in effect under sub-article

(4).

(6)Where a Permanent Secretary is charged with the supervision of one or more of the departments listed in Part II of the Second Schedule, the provisions of this article shall apply subject to the following limitations: (a) sub-articles

(1)(a) and

(2)shall not apply; and (b) sub-article

(5)shall apply only as may be compatible with paragraph (a).

(7)Without prejudice to the provisions of article 7

(2), the Permanent Secretary shall be deemed to have the powers of head of department in relation to the Ministry to which the Permanent Secretary is assigned.

(8)The Permanent Secretary shall have judicial representation of the Government in judicial acts and actions for any matter falling within the remit of the Ministry to which he is assigned. 18.

(1)In addition to any other duties that may be assigned or delegated to him by or under any law, it shall be the duty of a head of department (

1. a)to manage the activities and programmes of the department efficiently, effectively and economically; (
2. b)to ensure that the department achieves a satisfactory standard in the delivery of any services to the public and the business community with the least possible bureaucratic processes; (
3. c)to tender advice to the relative Minister through the Permanent Secretary and to other authorities, as appropriate, on matters within the department’s competence; (
4. d)to establish performance indicators covering the programmes and activities of the department, and to set performance targets for public officers serving in the department; and (
5. e)to coordinate the activities of the department with those of other government organisations in the best interests of efficiency, effectiveness and service quality. Duties of heads of department. PUBLIC ADMINISTRATION

(2)The head of a department that is listed in Part I of the Second Schedule shall answer to his Minister through the Permanent Secretary and shall discharge his duties under sub-article

(1)in accordance with their lawful directions.

(3)The head of a department that is listed in Part II of the Second Schedule shall discharge his duties under sub-article

(1)in accordance with the laws governing his department and any special administrative arrangements that may apply thereto. Higher Executive Service. 19.

(1)There shall be a Higher Executive Service within each Ministry which shall be headed by the Permanent Secretary and shall consist of: (

1. a)Schedule; heads of the departments listed in the Second (
2. b)Directors General, Directors and the holders of equivalent positions which the Permanent Secretary may indicate within each ministry and those who have been charged with primary responsibility for any of the following or similar functions: (
3. i)the management of corporate services; (
4. ii)policy development and monitoring of implementation; and (iii) information management.

(2)Officers in a ministry who are members of the Higher Executive Service shall constitute the senior management team of that ministry, and in relation thereto they shall, without prejudice to the authority of the Permanent Secretary, be collectively responsible for: (

1. a)promoting and upholding the public administration values, the Code of Ethics, and applicable policies and directives governing staff conduct, management and the use of resources; (
2. b)continuously improving levels of efficiency and quality in the delivery of any public services; and (
3. c)achieving Government objectives, in coordination as necessary with other units, departments, agencies and government entities.

(3)A member of the Higher Executive Service shall be individually responsible in relation to his area of responsibility for the matters listed in sub-article

(2); and he shall be liable to proceedings under the Disciplinary Regulations if he fails to prevent PUBLIC ADMINISTRATION or correct misconduct or negligence on the part of his subordinates where he could reasonably have taken steps to do so. Title 3 - Public Officers 20.

(1)A public officer may be assigned to a post in any department in the public service which involves performance of the duties of his grade or position, and he may also be transferred to such a post in any other department. Public officers’ assignment to and transfer between posts.

(2)Such initial assignment or transfer may be made by the Principal Permanent Secretary or by any other public officer delegated by him for the purpose. 21. The Minister responsible for the public administration may, after consultation with the Prime Minister, by order in the Gazette establish, abolish or re-title grades and structures within the public administration. Grades. PART III Merit Protection Commission, Agencies and Government Entities Title 1 - The Merit Protection Commission 22.*

(1)There shall be a Merit Protection Commission, hereinafter in this Title referred to as "the Commission", which shall consist of a chairman, a deputy chairman and three other members.

(2)The members of the Commission shall be appointed by the President acting in accordance with the advice of the Prime Minister given after he has consulted the Leader of the Opposition.

(3)A person shall not be qualified to hold office as a member of the Commission if he is a Minister, a Parliamentary Secretary, a member of or a candidate for election to the House, or a member of a local government authority.

(4)A member of the Commission may be removed by the President acting in accordance with the advice of the Prime Minister for inability to discharge the functions of his office or for misbehaviour.

(5)vacant: The office of a member of the Commission shall become (

1. a)upon the expiration of three years from date of appointment or such earlier time as may be specified in the instrument of appointment; or *Not yet in force. The Merit Protection Commission. PUBLIC ADMINISTRATION (
2. b)if circumstances arise that would cause a member to be disqualified for appointment in such an office; or (
3. c)upon the resignation of any member of the Commission. Functions of the Commission. 23.*

(1)Subject to the provisions of sub-article

(3), the functions of the Commission shall be: (

1. a)to audit the appointment of employees of government agencies, government entities and special units and to oversee the application of the principle of merit in the appointment of such employees; and (
2. b)to hear and determine complaints as provided for in this Act and any regulations made thereunder, which shall specify, inter alia, the term within which a complaint may be lodged, and the procedure thereof.

(2)In performing its functions in virtue of sub-article

(1)(a), the Commission shall operate through after-the-event scrutiny and shall not subject any agency or government entity to any requirement to obtain the Commission’s clearance or approval in advance of making appointments or taking decisions, except as a temporary measure in cases where the Commission (

1. a)finds that the principle of merit has been, or is likely to be, breached; and (
2. b)is of the view that such a measure is necessary to prevent further breaches of the principle of merit until such time as the Commission is able to conclude any investigations and take corrective measures.     

(3)The Commission shall not hear and investigate complaints on matters which are assigned exclusively by any other law to any other body or to the jurisdiction of the Industrial Tribunal referred to in the Employment and Industrial Relations Act. Powers of investigation and remedy. 24.†

(1)For the purposes of its functions under this Act the Commission may either on its own initiative or upon a complaint by any person: (

1. a)carry out such inspections and investigations as it may deem necessary; (
2. b)summon any person to appear before it and give evidence on oath; *Not yet in force. †Not yet in force. PUBLIC ADMINISTRATION (
3. c)request in writing the production of information, documents or files in the custody of any public employee for the purpose of examining the same or making copies thereof; and (
4. d)enter the premises of any agency, specialised unit or government entity, subject to compliance with any legal requirements placed by any law on the police for the same purposes.

(2)The provisions of article 6 of the Inquiries Act shall apply to the investigations undertaken by the Commission and any summons or requests it may make in pursuit thereof.

(3)The Commission shall make a report to the Prime Minister following every investigation under this Act, and, where it finds that an employment decision has been made otherwise than in conformity with the principle of merit, it shall: (

1. a)annul the decision in question; (
2. b)issue such directives as it may consider necessary to redress the situation; and (
3. c)recommend the taking of such criminal action or disciplinary action including action that may lead to dismissal as it may consider appropriate in the circumstances.

(4)Notwithstanding the provisions of any other law, the decisions taken and directives issued by the Commission under subarticle

(3)(

1. a)and (
2. b)shall be binding on the organisation to which they apply, and the board of directors or head of the organisation as applicable shall ensure that the Commission’s decisions and directives are complied with.

(5)The Commission shall, as soon as possible after the conclusion of each year of its activity, make an annual report to the Prime Minister about its workings during the said year, and the Prime Minister shall, as soon as possible after he has received the said report, lay it on the Table of the House. 25.* The provisions of this Title, unless otherwise indicated in this Act, shall only apply to agencies, specialised units and government entities in terms of the provisions of this Act. Application of this Title. Title 2 - Agencies 26.

(1)The Prime Minister may establish government agencies by order in the Gazette under this Act. *Not yet in force. Establishment of agencies. PUBLIC ADMINISTRATION

(2)An order establishing an agency under this Act shall serve as the basic charter governing the agency’s operations and it shall: (

1. a)set out the functions and duties of the agency; (
2. b)specify which Minister is responsible therefor; (
3. c)prescribe the financial arrangements applying to the agency in accordance with the provisions of article 31; (
4. d)set out any other special arrangements applying to the agency; and (
5. e)amend the Fourth Schedule.

(3)All government agencies established in accordance with sub-article

(1)shall be listed in the Fourth Schedule together with an indicative summary of their functions.

(4)The Prime Minister may by order in the Gazette: (

1. a)abolish an agency established by order under this Act and listed in the Fourth Schedule; or (
2. b)amend the functions and duties thereof as well as amend any other matter provided for in sub-article

(2): Provided that any such order shall provide for the necessary amendments to the Fourth Schedule. Legal personality and judicial representation of agencies. 27.

(1)A government agency shall be a body corporate having a separate and distinct legal personality and capable of entering into contracts, of employing personnel, of acquiring, holding and disposing of any kind of property for the purposes of its operations, and of suing and being sued, and to which any function or operation of Government may be assigned under this or any other law.

(2)The legal and judicial representation of an agency shall lie in its Chief Executive Officer or such other officer of the agency as the Minister responsible for it may from time to time appoint by notice in the Gazette: Provided that for the purposes of article 181B of the Code of Organization and Civil Procedure, where such other officer is duly designated, any reference to the Chief Executive Officer in a judicial action or act shall automatically apply to the officer so designated. PUBLIC ADMINISTRATION 28.

(1)Except in so far as expressly precluded by any order establishing an agency under this Act, the Principal Permanent Secretary may, in addition to his powers under articles 4, 5 and 30, issue directives to any or all government agencies to: Directives issued by the Principal Permanent Secretary in relation to agencies. (

1. a)ensure that agencies coordinate their activities with other agencies, departments, government entities and Local Councils as applicable; (
2. b)put into effect measures to improve the performance of agencies and the quality of the services they deliver to the public; (
3. c)including: provide for matters relating to employment, (
4. i)the redeployment of staff to, from or between agencies; and (
5. ii)the application of the merit principle and the establishment of safeguards in relation thereto; (
6. d)establish mechanisms for staff classification and the determination of pay levels; and (
7. e)put into effect such other policy objectives and management priorities as the Government may from time to time set out.

(2)Chief Executive Officers and employees of government agencies shall comply with all applicable directives issued by the Principal Permanent Secretary, and failure to comply shall be grounds for disciplinary proceedings under any applicable procedures.

(3)The Principal Permanent Secretary shall seek to frame his directives in such a manner as to impose the least possible administrative burden on agencies consonant with the achievement of Government objectives, bearing in mind any directives issued in virtue of article 77 of the Financial Administration and Audit Act.       

(4)The provisions of article 15

(3)to

(5)shall apply mutatis mutandis to the directives issued by the Principal Permanent Secretary under this article. 29.

(1)Save as otherwise provided in any order establishing an agency, the Chief Executive Officer of any agency shall be under the general direction and control of the Minister responsible for the agency and, subject to such direction and control, under the supervision of the Permanent Secretary of that ministry.

(2)Save as aforementioned, where an agency is subject to General direction and control of agencies by Ministers and supervision by Permanent Secretaries. PUBLIC ADMINISTRATION supervision by a Permanent Secretary, article 17, except for subarticle

(6)thereof, and article 18 shall apply to the agency and its Chief Executive Officer in the same manner as to departments and their heads. Agency performance agreements. 30.

(1)A government agency shall, within six months of its establishment, enter into an agency performance agreement with the Permanent Secretary responsible therefor, or, where a Permanent Secretary is not appointed, with the relative Minister, and such agreement shall set out the tasks to be addressed by the agency, the targets it is expected to meet, and the funds available to it.

(2)An agency performance agreement shall cover a period of one year to three years and shall be renewable in accordance with such directives as the Principal Permanent Secretary may issue in relation to agency performance agreements. Accounts, audit and other financial arrangements. Cap. 601.      31. An Agency shall be governed by the provisions of the Public Finance Management Act: Provided that the Prime Minister may, in consultation with the Minister responsible for finance, decide to exempt an agency from the provisions of the Public Finance Management Act: Provided further that if an agency is exempted from the provisions of the Public Finance Management Act, the following provisions shall apply: (

1. a)heads of agency shall keep proper books of accounts in such a manner as the Minister responsible for finance may from time to time direct; (
2. b)such accounts shall be subject to audit by an auditor appointed for the purpose by the head of each agency and shall moreover be subject to scrutiny by the Ministry for finance and audit by the Internal Audit and Investigations Directorate and the Auditor General, as the case may be; (
3. c)not later than three months after the end of each financial year, the head of each agency shall present to his Minister through the relative Permanent Secretary an audited statement of accounts together with a report on the workings of the agency which shall state the manner in which the agency has operated to fulfil its functions, whether it has met its performance obligations, and its plans for the future; and (
4. d)this report shall be laid on the Table of the House by the Minister responsible for the agency not later than six weeks after its receipt or, where the House is not in session, not later than the second week after the House resumes its sittings. PUBLIC ADMINISTRATION 32.

(1)The Minister responsible for an agency may establish an advisory board to assist the Chief Executive Officer in the discharge of his duties. Advisory boards.

(2)An advisory board established under this article shall be chaired by the Chief Executive Officer and shall consist of not less than two and not more than four members appointed by the Minister responsible for the agency.

(3)The remuneration paid to members of an agency advisory board shall be in accordance with any directives issued by the Principal Permanent Secretary in relation thereto. 33. The Principal Permanent Secretary may, following the direction of the Prime Minister, detail or revoke the detailing of a public officer for duty with an agency for such a term and under such conditions as he may prescribe. Detailing of public officers with an agency. 34.

(1)Where a public officer is detailed for duty with an agency such officer shall, during the time in which such direction is in force, be under the administrative direction and control of the head of the agency, but shall otherwise remain and retain all rights and duties as a public officer, and for the purpose of any law relating to government service pensions, service with any such agency shall be deemed to be service with the Government: Pension rights and other arrangements. Provided that in assessing the pensionable emoluments of such officer for the purposes of any law relating to government service pensions, no account shall be taken of any allowances, bonuses or gratuities paid to such officer by the agency in excess of what he is entitled to as a public officer: Provided further that during the time in respect of which he is so detailed to perform duties with the agency his terms and conditions of service shall not be less favourable than those which are attached to his appointment with the Government during the period aforesaid. Such terms and conditions shall not be deemed to be less favourable because they are not in all respects identical or superior to those enjoyed by the officer concerned at the date of such detailing, if in the opinion of the Prime Minister such terms and conditions, taken as a whole, offer substantially equivalent or greater benefits.

(2)(

1. a)For the purposes of calculating pensionable emoluments, posts and salary grades with an agency shall be classified in the most nearly corresponding grades and incremental levels in the services of the Government of Malta by reference to job descriptions, skills, responsibilities and other analogous factors. (
2. b)The classification referred to in paragraph (
3. a)shall be carried out by a board composed of a chairperson appointed by the Minister responsible for finance and two other members, one PUBLIC ADMINISTRATION appointed by the Minister responsible for the agency and one appointed by the agency. The classification shall be subject to the final approval of the Minister responsible for finance. (
4. c)Such classification shall take place within three months of any adjustment of the salaries of employees in Government service or of employees of the agency. (
5. d)No post shall be classified in a grade higher than that of a Grade 3 in the service of Government or such other grade that the Minister responsible for finance may from time to time, by notice in the Gazette, determine.     (
6. e)Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the Pensions Ordinance less favourable than those to which he would have been entitled prior to such classification. (
7. f)Without prejudice to any other law, where on the date of the coming into force of this Act, arrangements which should have been made with respect to public officers that have been detailed in terms of any applicable law have not been finalised, the Principal Permanent Secretary may issue directives with the purpose of resolving any administrative difficulties that may have arisen after a public officer was detailed. Title 3 - Government entities, boards and commissions Supervision of government entities by Permanent Secretaries. 35.

(1)A government entity shall be subject to supervision by the appropriate Permanent Secretary, who shall issue directions to the entity and, or instruct or advise Government representatives on the entity’s governing board: Provided that the powers of direction of the Permanent Secretary over a particular entity shall in no case exceed the powers of the Minister over that entity.

(2)A Permanent Secretary who is supervising a government entity in terms of sub-article

(1)shall ascertain that it is (

1. a)working towards the timely and effective fulfilment, in conjunction with other government entities as appropriate, of the Minister’s and the Government’s policy objectives; (
2. b)being managed according to law, the public administration values, the Code of Ethics, and applicable policies and directives governing staff conduct, management and the use of resources; and (
3. c)operating economically, efficiently and PUBLIC ADMINISTRATION effectively and delivering any services to the public to a satisfactory standard.

(3)In fulfilment of his duties under sub-article

(2), a Permanent Secretary may, in consultation with the relative Minister, establish targets for the entity and require any information except where this is precluded by law and may give directions to the government entity: Provided that a Permanent Secretary may not give directions on matters where the government entity is required by any law to act independently or in accordance with the direction of a person or authority other than a Minister.

(4)A Permanent Secretary shall report to his Minister on the performance of the government entities under his supervision.

(5)The provisions of article 28 shall apply mutatis mutandis to government entities. 36.

(1)The Principal Permanent Secretary may issue directives to boards and commissions after consultation with the Prime Minister or with the Minister where the Prime Minister has appointed a Minister with responsibility for the public administration. Supervision of boards and commissions.

(2)The provisions of article 35 shall mutatis mutandis also apply with respect to boards and commissions.

(3)The directives mentioned in sub-article

(1)and the supervision referred to in sub-article

(2)shall apply to administrative and day-to-day affairs of boards and commissions without prejudice to the rights and duties of the said boards and commissions to carry out those functions or roles for which they are set up.

(4)In this article, "boards and commissions" includes any council, committee, panel or similar body not already catered for by this Act and in any case shall not apply to any commission or authority established by the Constitution. 37.

(1)There shall be a Standing Committee on Public Appointments, hereinafter referred to as "the Committee", which shall consist of seven members appointed by the House of whom four shall be appointed by the Government, one of whom shall be appointed as Chairperson, and the other three shall be appointed by the Opposition.

(2)quorum. Four members of the Committee shall constitute a

(3)The Committee shall have the power to conduct preappointment hearings of persons nominated for certain public appointments as may be provided by law from time to time. Standing Committee on Public Appointments. PUBLIC ADMINISTRATION   S.L.Const.02

(4)The provisions of paragraphs

(3)and

(4)of Standing Order 120B of the Standing Orders of the House of Representatives shall, mutatis mutandis, apply to the Committee. Pre-appointment parliamentary hearing on appointments of Ambassadors and on appointments to certain posts in Government Agencies, and other entities. 38.

(1)Notwithstanding the provisions of any other law, where a Minister (hereinafter in this article referred to as "the Minister") intends to nominate a person to be an Ambassador or High Commissioner or other principal representative of Malta in any other country, not being a person who is selected from amongst public officers in the service of the Ministry for Foreign Affairs or a person who already holds the post of Ambassador or High Commissioner or other principal representative of Malta in any other country, as may be specified by Order of the Prime Minister in the First Part of the Fifth Schedule, or to hold a post in a Government agency, entity, board or commission or to head any other institution established by law as may be specified by Order of the Prime Minister in the Second Part of the Fifth Schedule, then unless the nomination is in respect of a re-appointment, the Minister shall, at least twenty days before he intends that the appointment should become effective, give notice of the proposed appointment to the Committee referred to in article 37: Provided that: (a) the exemption in respect of a nomination consisting of a re-appointment provided for in this sub-article shall not apply to persons who are not in the post on the date of coming into force of this sub-article; and (b) an Order which amends the Second Part of the Fifth Schedule in such a manner as to reduce the posts listed in the said Second Part of the Fifth Schedule, except in the case where the sole purpose of such an amendment is that of reflecting a change in the name of a post or of an entity, shall require approval by resolution of the House before it comes into force.

(2)Upon receipt of the notice referred to in sub-article

(1)the Chairperson of the Committee shall, through the Clerk of the House, circulate the said notice to all Members of the Committee giving the members five days to submit any questions in writing to the proposed nominee. The said questions shall relate to the professional competence, suitability and background of the nominee and they shall be notified to the Clerk of the House, who shall notify them to the Minister who gave notice of the proposed appointment, to the Chairperson and to the Members of the Committee and to the person nominated who shall have ten days to reply to the said questions in writing to the Clerk of the House who shall again circulate the replies as explained above. The questions and the replies shall, unless the Committee otherwise decides, be made public.

(3)By not later than the working day immediately PUBLIC ADMINISTRATION following the expiry of the period of ten days established in subarticle

(2)or of the extension of any such period in the case that the said period has been extended by the Committee in accordance with sub-article

(6), the Clerk of the House shall transmit the replies submitted by the nominee to the Minister who gave notice of the proposed appointment, to the Chairperson and to all the members of the Committee.

(4)The Committee shall in all cases call the nominee to a hearing at a meeting of the Committee so that supplementary questions related to the written replies provided may be put to the nominee. The said hearing shall be held on a date not later than five days from the notification to the Committee of the replies to the questions unless the Committee agrees to another date for the hearing. The said hearing shall be held in public but the Committee, may where it is satisfied that it is appropriate, decide that the hearing should be held in camera.

(5)Upon the conclusion of the pre-appointment hearing in accordance with this article the Committee shall, unless it decides that it needs to discuss or clarify any matter with the Minister, give its advice to the Minister which shall include the content of the form included in the Third Part of the Fifth Schedule to which there shall be annexed a copy of the minutes of the Committee relative to the hearing: Provided that: (

1. a)any discussion between the Committee and the Minister held in terms of this sub-article shall be held during a meeting of the Committee to take place either in public or in camera as the Committee may decide; (
2. b)any matter which, according to this article, is to be discussed by the Committee shall, notwithstanding any other law, not be transferred for discussion to another Committee of the House or to the whole House unless the Committee by a majority vote of all its members so decides; and (
3. c)the final decision as to whether an appointment which is subject to the procedure provided in this article is to be made shall in any case pertain to the Minister.

(6)The Committee may, giving reasons, either on its own initiative or at the request of the Minister who has given the notice of a proposal for the appointment, lengthen or shorten any time limit set out in this article.

(7)The time limits established in this article shall be suspended during any period when the House is not in session or PUBLIC ADMINISTRATION during which it is adjourned for more than seven days: Provided that nothing in this sub-article shall be interpreted as precluding the Committee, acting upon the unanimous consent of all its members, from implementing its functions even at any time during which the House is adjourned for more than seven days as abovementioned.

(8)The procedure provided for in this article shall not apply to acting appointments made for a maximum period of up to six months. PART IV Miscellaneous Provisions Power to make regulations. 39. The Prime Minister may make regulations to give effect to any of the provisions of this Act and the enforcement thereof, and without prejudice to the generality of the foregoing such regulations may provide for: (

1. a)the better organisation, management administration of the public administration; and (
2. b)the manner in which the accounts and records of government agencies and government entities are to be kept; (
3. c)the sanctions that may be applicable in case of breaches of the Code of Ethics; (
4. d)the procedures to be followed by the Merit Protection Commission; (
5. e)the manner in which public officers shall be detailed, released, deployed, attached or seconded with agencies and government entities, and the rights accruing to such officers, so however that the Prime Minister may, without prejudice to any vested rights, also make regulations with a view to resolving any matter; (
6. f)the recruitment in public administration of nationals of Member States of the European Union other than Malta and nationals of other countries enjoying similar rights in relation to the free movement of workers: Provided that posts involving the exercise of public authority and the safeguarding of the general interests of the State, and particularly those listed herein, may be reserved for Maltese nationals: (
7. i)posts in the Office of the President, the House of Representatives, the Prime Minister’s and PUBLIC ADMINISTRATION Ministers’ Secretariats, the Cabinet Office, and the offices of the Principal Permanent Secretary and of Permanent Secretaries; (
8. ii)the Judiciary, posts involving the preparation of expert advice in the field of prosecution of offences or lawmaking, and posts entailing responsibility for advisory constitutional bodies; (iii) posts involving the sovereignty of the State, including diplomatic and foreign representation; (
9. iv)posts in the Office of the Prime Minister and the Ministries for Finance, Justice, Home Affairs and Foreign Affairs; (
10. v)posts within departments charged with the protection of the economic interests of the State, including tax authorities; (
11. vi)Service; positions in the Higher Executive (vii) posts in the disciplined forces and offices responsible for defence matters; and (viii) posts in the security services and in the field of civil protection and defence; (
12. g)matters of organization and administration in relation to specialised units, including the conferment of legal personality for particular purposes; and (
13. h)the amendment of the Schedules to this Act, unless otherwise specified. 40*.

(1)The Public Administration Act, hereinafter referred to as "the repealed Act", is hereby repealed and any references in any law to the repealed Act shall be construed as references to this Act.

(2)Any order, rule, regulation, directive, notice or other instrument having the force of law made under the authority of any of the provisions of the repealed Act shall continue in force and shall continue to have effect as if made under this Act and may be amended, substituted or revoked accordingly.

(3)Any permission, authority or order granted or made *Originally numbered as Article

1. Repeal and Saving. PUBLIC ADMINISTRATION under any of the provisions of the repealed Act and still in force immediately before the date of coming into force of this Act shall, as from such date, continue in force as if it were a permission, authority or order granted or made under a corresponding provision of this Act, and any such permission, authority or order as aforesaid shall be treated and dealt with accordingly. FIRST SCHEDULE CODE OF ETHICS FOR PUBLIC EMPLOYEES AND BOARD MEMBERS (Article 5) General Preamble A Code of Ethics serves as an ethical benchmark and compass for action and behaviour in relationships with seniors, peers and subordinates. It outlines the principles and values governing the conduct of individuals and corporate bodies by describing behavioural expectations; and it encourages the identification of, and learning from, such ‘good practices’ in a respective field. Adopting and upholding a code of ethics promotes fair conduct; acknowledges the highest standards of integrity; safeguards rights of citizens, clients and users; and endorses a vision that embraces probity, exactitude and professionalism. A Code of Ethics does not cover standards which people in general should follow (whether laid down by law or established by social norms), general employee obligations, profession-specific standards or organisational cultural requirements. Rationale Ultimately, the authority of any system of Public Administration rests on the extent to which it earns the respect of its citizens. That respect comes from the confidence which people have in the integrity of the system generally, and in the professionalism and impartiality with which the system goes about providing its manifold services particularly. All those employed by the state have their critical part to play in upholding public respect for the public administration. The nationals, citizens and residents of Malta have every right to expect that public employees, employees of state agencies and members representing government on boards are honest, fair, efficient, competent and loyal. Actual or potential users PUBLIC ADMINISTRATION expect the departments and agencies of the Government of Malta to comply with the letter and the spirit of the law. They expect official decisions to be made in a timely manner, fairly and impartially; public funds to be spent wisely; and public property and public equipment to be used and cared for responsibly. They expect public employees to behave ethically, and to be conscientious, courteous and competent in their work. Users of public services hold public employees accountable for their behaviour, actions and decisions. Generations of public employees have sought to honour and meet these expectations. Any abuse of trust, resources or information, or personal opportunism, undermines the entitlement of the Maltese public. High standards of integrity and conduct should underpin how public employees go about their business. This Code of Ethics describes and articulates the framework that defines the behaviour and actions of the public service and the wider public sector. Applicability
2. This Code of Ethics applies to: (a) public employees and employees of state agencies and other entities of government to which the Public Administration Act applies (hereinafter referred to as "public employees", in keeping with article 2

(1)of the Act). These include public employees who are seconded to bodies outside the public administration of Malta; as well as persons, who may or may not be public employees, working with Ministries or Parliamentary Secretariats; and (

1. b)the chairpersons and members of standing boards and commissions within the public administration, including the governing boards of state entities (hereinafter referred to as "board members"). 2. The provisions of this Code cover actions and behaviour within and outside the public administration, online and offline, as applicable. 3. The Principal Permanent Secretary may, in writing, make this Code applicable also to commercial partnerships or companies in which the Government of Malta has a controlling interest. PUBLIC ADMINISTRATION 4. The Principal Permanent Secretary may, in writing, exempt a public employee or a board member from specific provisions of this Code where exceptional circumstances so require. 5. Public employees and board members who are members of a regulated profession and who are therefore subject to a professional code of ethics are nevertheless expected to abide by the provisions of this Code except in so far as an exemption has been granted under paragraph 4. Multiple codes of ethics should be considered complimentary to one another, and any conflicts, actual or perceived, should be resolved, following suitable consultation, on the basis that the professional code of ethics prevails with respect to the ethical principles and practice of the profession while the present Code prevails with respect to the ethical principles and practice of any other duty emanating from the individual’s responsibilities as a public employee or board member. 6. Public employees who are seconded to bodies outside the public administration of Malta remain bound by this Code except in so far as an exemption is granted under paragraph 4. 7. Under article 5 of the Public Administration Act, the Principal Permanent Secretary may issue directives to elaborate on any of the provisions of this Code. Heads of public organisations may also issue rules of conduct complementary to the Code. This Code should be read together with any such directives or any additional rules and regulations that may apply. The Values of Public Employees and Board Members 8. In accordance with article 4 of the Public Administration Act, public employees and board members shall uphold and operate with the following set of values: (
2. a)acting with integrity; (
3. b)respecting others; (
4. c)showing loyalty; (
5. d)being worthy of trust; (
6. e)striving for quality standards and improvements; (
7. f)being accountable for the performance of their duties and for their behaviour; PUBLIC ADMINISTRATION (
8. g)acting in a manner that does not discriminate; and (
9. h)being impartial. Integrity 9. Public employees and board members shall: (
10. a)act at all times with diligence, honesty, grace and integrity, such that their conduct can stand the test of public scrutiny even in situations where no law, policy or procedure may apply; (
11. b)use public resources appropriately, conscientiously, efficiently and effectively in the public interest; (
12. c)make use of official authority, information or resources to reach their goals and execute their responsibilities fairly, impartially and equitably; and (
13. d)refuse any gift, payment, compensation, privilege or any form of solicitation unless, where gifts are concerned, they are token in nature and are not such as to serve as an inducement or influence the execution of the duties of a public employee or board member, now or in the future. 10. Public employees and board members shall ensure that no conflict, real or apparent, arises between their official duties and any other occupations, activities or interests (financial or otherwise) that they or their close relations may have. Such a conflict arises if a public employee or board member’s ability to faithfully discharge their duties is, or can reasonably be, called into question on account of such other occupations, activities or interests, including instances where the public employee or board member is placed in a position to be biased or is seen as potentially being biased. 11. If such a conflict arises, the public employee or board member shall make this conflict known to their superiors and take such action as may be necessary to resolve the conflict. 12. Former public employees bound by an undertaking shall not, for a period of up to two years after leaving public employment as specified therein, switch sides by entering into a relationship of profit with any private enterprise or non-government body with which the PUBLIC ADMINISTRATION former public employees dealt in an official capacity during a period of up to five years immediately prior to their leaving public employment. Respect 13. Public employees and board members shall: (
14. a)treat others, including both clients and colleagues, with courtesy, civility and respect; (
15. b)avoid discrimination or harassment in any form, direct or indirect; (
16. c)treat with suitable respect, consideration the opinions, individuality of all persons; (
17. d)safeguard their own health and safety and that of others in the execution of duties, roles and responsibilities; and (
18. e)work with colleagues in a spirit of cooperation and teamwork. regard beliefs and and Loyalty 14. 15. Trust Public employees and board members shall: (
19. a)observe the Constitution and the law; (
20. b)abide by official policies and directions; (
21. c)provide objective, knowledgeable and frank advice on matters within their competence; (
22. d)efficiently and effectively implement the policies of the Government of Malta; and (
23. e)act in accordance with any lawful directions, written or verbal, given by their superiors. Notwithstanding the provisions of paragraph 14(e), public employees or board members who believe that there are better ways of achieving objectives are entitled, and indeed expected, to bring this to their superiors’ attention before putting instructions into effect; and, if they feel that they have been given verbal instructions that are contrary to the Code of Ethics or improper for any other reason, they can ask for those instructions to be given in writing. PUBLIC ADMINISTRATION 16. 17. Public employees and board members shall: (
24. a)act in such a way as to gain and, or maintain the trust of their superiors and the public; (
25. b)safeguard confidential information, particularly personal data, and not use or disclose it inappropriately or without authorisation; and (
26. c)behave in a manner, in both their official and private capacities, such as to uphold and reinforce Malta’s reputation and good standing, and those of its governing institutions. The obligation to safeguard confidential information is without prejudice to the disclosure of information in the interests of transparency or under the Freedom of Information Act, provided that the decision to disclose is taken by those with the authority to do so, and provided that other laws (particularly the legislation on data protection) are respected. Quality 18. Public employees and board members shall: (
27. a)hone and develop their skills and keep abreast of changes in their area of expertise in order to improve the execution of their duties and the delivery of service; (
28. b)apply their knowledge, experience, creativity, drive, and initiative to bring about continual improvements in the efficiency, effectiveness and the overall quality of service delivery; (
29. c)intelligently and humanely exercise suitable discretion in the interpretation of rules, with a view to avoiding a ‘one-size-fits-all’ approach; (
30. d)coordinate their activities as necessary with those of staff elsewhere in the public administration with a view to improving efficiency in the public administration as a whole;and (
31. e)take steps to identify and, or address poor performance, misconduct or misuse of resources. Accountability 19. Public employees and board members shall: PUBLIC ADMINISTRATION (
32. a)act in a manner that is transparent and in compliance with applicable laws, regulations, directives, policies and procedures; (
33. b)be ready to have their actions judged by others; (
34. c)be prepared to give a clear explanation of their judgements, behaviours, intentions and actions to any stakeholder authorised to demand such explanation; (
35. d)report any violations of the Code of Ethics by other public employees or board members; (
36. e)fully co-operate with investigations by any authorised person or entity, whether internal or external to the public administration; (
37. f)take responsibility for their actions and behaviour and in this regard shoulder the level of responsibility that is appropriate to their posts. This includes accepting responsibility for their errors, misjudgements and negligence and being held accountable therefor; and (
38. g)assign responsibility for tasks and duties to subordinates as appropriate and carry out the necessary oversight and monitoring to hold these same accountable. This shall also include the responsibility to give credit to others where credit is due. Non-discrimination 20. Public employees and board members shall: (
39. a)not discriminate in any manner or on any basis including race, place of origin, nationality, skin colour, political opinions, creed, sex, sexual orientation, expression or gender identity, civil status, mental or physical well-being; (
40. b)not act in a manner that impairs one’s enjoyment of one’s fundamental rights and freedoms, provided that this enjoyment does not prejudice in any manner and at the same time respects the rights and freedoms of others or the public interest, where fundamental rights and freedoms are legitimately subject to the public interest; and (
41. c)treat all with dignity and respect. PUBLIC ADMINISTRATION Impartiality 21.

(1)Public employees and board members shall: (

1. a)act in line with official Government policy and procedure; (
2. b)protect and ensure the right of every person to have one’s affairs handled impartially and fairly; (
3. c)ensure that decisions made are based on objective criteria and not tarnished by any personal bias, conflict or prejudice or designed to favour or benefit or give any manner of unjustified preferential treatment to one person over another; (
4. d)maintain political neutrality and not bring the public service into disrepute through their private activities; (
5. e)ensure that any public comments made (including on social media), and, or their participation in political activities, do not undermine or jeopardise public confidence in the competence and impartiality of the public administration, or bring these same public employees and board members into conflict with their duty to impartially serve the Government of Malta; (
6. f)remain loyal to the Government of the day in the execution of their duties and responsibilities and never act in a manner that may undermine the achievement of Government policy or direction or otherwise diminish public confidence in Government in any way, extent or manner. Political participation and public comment by public employees and board members may be subject to limitations in line with rules and regulations aimed at maintaining public confidence in the impartiality of the public administration. Compliance with the Code 22. Compliance with this Code should result in: (
7. a)a more effective, motivated and committed public service, operating within a convergence of high moral and ethical standards; (
8. b)high quality in delivery of service by public employees and board members; PUBLIC ADMINISTRATION 23. (
9. c)a stronger satisfaction by users and clients of the public service; (
10. d)a professional ethos that foregrounds the drive towards excellence and continuous improvement of service; and (
11. e)giving credence to the understanding that the public administration is ultimately a single body with shared roles, duties, obligations and responsibilities. Non-compliance with this Code may result in: (
12. a)disciplinary proceedings, where public employees are concerned; (
13. b)the termination of the appointment to boards, or the imposition of certain conditions on their appointments, where board members are concerned; (
14. c)the execution of relevant provisions deriving from any applicable undertakings; and, or (
15. d)the initiation of criminal proceedings, where this is called for in respect of serious breaches of trust and, or non-compliance, where both public employees or board members are concerned. SECOND SCHEDULE Amended by: L.N. 301 of 2024; L.N. 308 of 2024; L.N. 149 of 2025; L.N. 206 of 2025. Part I Departments other than those not subject to ministerial control Department Head of department Other offices with statutory powers (article 11) Equivalent title at law (article 11) Function of the department Department of Active Ageing and Community Care Director (Active Ageing and Community Care) To implement the National Active Ageing Strategy, the National Dementia Strategy as well as all services for older persons both at community and residential basis on a national level Cabinet Office Secretary to the Cabinet To support the workings of Cabinet PUBLIC ADMINISTRATION Department Head of department Other offices with statutory powers (article 11) Equivalent title at law (article 11) Function of the department Department of Civil Protection Director (Civil Protection) To provide fire-fighting and rescue services and take protective action against natural, industrial and other emergencies Cleansing and Maintenance Department Director General (Cleansing and Maintenance) To provide public cleansing services, plan and carry out maintenance work Commerce Department Director General (Commerce) Office of the Commissioner for Revenue Commissioner for Revenue Department of Contracts Director General (Contracts) Courts of Justice Department Director General (Courts) Comptroller of Industrial Property Director of Trade Director of Industry To monitor and provide assistance to small enterprises and craft industries, and to regulate intellectual property and trade To administer fiscal legislation and the collection of revenue Director of Contracts To regulate, approve and monitor the award of public contracts granted by and on behalf of contracting authorities, contracting entities and bodies governed by public law To support and facilitate the administration of justice Director (Civil Courts and Civil Tribunals, Malta) Director, Civil Courts and Tribunals Registrar, Civil Courts and Tribunals Director (Criminal Courts and Criminal Tribunals, Malta) Director, Criminal Courts and Tribunals Registrar, Criminal Courts and Tribunals Director General (Gozo Courts and Tribunals) Director, Gozo Courts and Tribunals Registrar, Gozo Courts and Tribunals Department Head of department PUBLIC ADMINISTRATION Other offices with statutory powers (article 11) Equivalent title at law (article 11) Function of the department Critical Infrastructure Protection Department Director (Critical Infrastructure Protection) Customs Department Commissioner for Revenue Economic Policy Department Director General (Economic Policy) Fisheries and Aquaculture Department Director General (Fisheries and Aquaculture) Department for Health Regulation Superintendent of Public Health To safeguard public health and to license, monitor and inspect the provision of healthcare services Department for Healthcare Services Director General (Healthcare Services) To ensure the effective and efficient operation and delivery of healthcare services Department of Information Director (Information) Press Registrar To provide the public with up to date, comprehensive and meaningful information on Government policies, services and activities, and on matters which may be of public interest Inland Revenue Department Commissioner for Revenue Commissioner of Inland Revenue To administer fiscal legislation in relation to income and other taxes Department of Justice Director (Justice) Department for Local Government Director (Local Government Monitoring and Support) Director responsible for Local Councils To support and monitor activities of the Local Councils Malta Police Force Commissioner of Police Principal Immigration Officer To preserve peace and order, to detect and investigate offences, and to prosecute offenders; to control immigration into Malta To regulate, supervise and monitor the cybersecurity and the resilience of sectors of high criticality and other critical sectors, to provide national CSIRT services, and to act as the national point of contact on such matters in cross-border cooperation. Comptroller of Customs To collect customs and excise duties and curb illegal imports while facilitating trade To provide expert advice and assistance to Government in the formulation of economic policy and the management of economic activity Director responsible for Fisheries Director of Agriculture and Fisheries To promote, develop and regulate aquaculture To coordinate and support areas in the justice sector PUBLIC ADMINISTRATION Department Head of department Department for Policy in Health Chief Medical Officer Department of Probation and Parole Director (Probation and Parole) Department operating the Blood, Tissue and Cells Centre Director General (Blood, Tissues and Cell Centre) Rural Development Department Director General (Rural Development) Other offices with statutory powers (article 11) Equivalent title at law (article 11) Function of the department To advise the Minister for Health on all matters relating to health policy Director of Probation Services To help ensure social stability in Maltese society by contributing to minimise the frequency of crime and by ensuring the re-integration of offenders into society, through probation, parole and victim support services To provide blood banking services, including labile blood products; stem cell collection for cellular therapies, including autologous stem cell transplantation, human leukocyte antigen typing, bone marrow donor registry, and tissue banking services including bone, cornea and amnion banking services and any other tissues and cells for which there is clinical demand. Director (Agriculture) Director of Agriculture To promote and develop farming through diversification and competitiveness Department of Social Security Director General (Social Security) To administer the social security (contributory and non-contributory) scheme and provide timely financial assistance and other social benefits, pensions and allowances to eligible applicants Department of Public Consultation Director  (Public Consultations) To facilitate discussion by establishing structures through which the public may contribute significantly on current themes and assist the Public Administration in public consultations to strengthen social dialogue. Treasury Department Accountant General To maintain a uniform accounting system across Government departments; to supervise, monitor and report on all Government financial transactions and manage public debt Value Added Tax Department Commissioner for Revenue Commissioner of Value Added Tax To ensure that all persons performing an economic activity for a consideration duly register under the VAT Act, and collect dues Department Veterinary and Phytosanitary Regulation Department Public Works Department PUBLIC ADMINISTRATION Other offices with statutory powers (article 11) Head of department Equivalent title at law (article 11) Director General (Veterinary and Phytosanitary Regulation) Function of the department To administer and enforce the Plant Quarantine Act, the Veterinary Services Act and the Animal Welfare Act Director (Plant Protection) Director (Plant Health Services) Director (Veterinary Regulation) Director for Veterinary Services Director (Animal Welfare) Director for Animal Welfare Director General (Works),  Works Division Director of Public Works Director General (Community Projects), Community Projects Division To design, plan and undertake works intended for the use of the general public, assess public safety risks, provide technical expertise to the Government in project design, implementation, and manufacturing services, maintain the National Flood Relief Project, undertake strategic planning and implement preventive and emergency measures in coastal areas, design and certify urban runoff and flood relief systems including water recovery projects. To design, plan and manage projects intended for public use including the embellishment of public spaces, the construction and renovation of open spaces, and the undertaking of initiatives and projects for the benefit of the local community and the public in general. Part II Departments not subject to ministerial control Department Head of department Electoral Office Chief Electoral Commissioner Internal Audit and Investigations Department Director General (Internal Audit and Investigations) Office of the President Secretary to the Presidency Other offices with statutory powers (article 11) Equivalent title at law (article 11) Function of the department To support the Electoral Commission in the exercise of its functions Director, Internal Audit and Investigations Directorate To conduct internal audits and investigations under the Internal Audit and Financial Investigations Act To support the President in the fulfilment of his constitutional duties PUBLIC ADMINISTRATION Office of the Public Service Commission Executive Secretary, Public Service Commission SPECALISED UNITS (Article 9) Ta’ Qali National Park Unit To support the Public Service Commission in the exercise of its functions THIRD SCHEDULE Specialised Unit The functions of the Unit Substituted by: L.N. 338 of 2022. Amended by: L.N. 239 of 2024; L.N. 285 of 2024; L.N. 35 of 2026; L.N. 146 of 2026. The Administrat Minister defined or of the responsible for period Unit the Unit (
16. a)to Three

(3)Head Minister preserve and years responsible for promote the Park as public works a recreational and open public space; (

1. b)to recommend to the Minister a policy for the use and drawing up of rules for the use of the Park; (
2. c)to draw up and adopt a strategy for the management of the Park; (
3. d)to draw up a plan for the maintenance and up-keeping the Park in good condition; (
4. e)to coordinate the maintenance and up-keeping in good condition of the Park; Legal Personality No PUBLIC ADMINISTRATION (
5. f)to draw up and adopt health and safety procedures and protocols in the Park and ensure that the same are accessible to the public; (
6. g)to draw up and adopt emergency procedures and protocols in the Park and ensure that the same are accessible to the public. The abovementioned functions of the Unit shall be exercised in respect of the Malta National Park which covers an area of three hundred thousand square meters (300,000m2)* "National To carry out Six

(6)Head being a Minister Drugs and monitoring and to years Nonresponsible for Addictions draw up reports, Executive Social Policy Unit statistics and Chairperson surveys on the assisted by subject of drugs other public and other officers of addictions, to defined coordinate the work grade of Government departments in the field and to act as national focal point for local and international collaboration on drugs and addictions. Yes PUBLIC ADMINISTRATION Joint (a) to fully Five

(5)Office Unit assume the years existence of the Joint Office as established by article 4 of the Ecclesiastical Entities (Properties) Act and by article 16 of the Agreement between the Holy See and the Republic of Malta contained in the Schedule to the said Act; (

1. b)to assume and perform all the functions so assigned to the Joint Office according to the laws of Malta; (
2. c)to assume and perform every role so assigned to the Joint Office according to the laws of Malta; Head Minister (appointed responsible for by lands agreement between the Holy See and the Government of Malta in accordance with article 16

(2)(

1. c)of the Agreement between the Holy See and the Republic of Malta contained in the Schedule to the Ecclesiastica l Entities (Properties) Act, and who shall fully assume the existence of the post of Director of the Joint Office.) Yes PUBLIC ADMINISTRATION (
2. d)to perform any other function and role that may so be assigned to it from time to time by agreement between the Holy See and the Government of Malta; (
3. e)to provide support, including technical, to the Control Committee established by article 17 of the Agreement between the Holy See and the Republic of Malta contained in the Schedule to the Ecclesiastical Entities (Properties) Act, and to give the said any information and access to records for the purposes of fulfilling its role; (
4. f)to perform its functions as a Unit with autonomy. National Veterinary Hospital Unit Ten

(10)Years (

1. a)to be responsible for the supervision, administration, financial obligations, and control of the National Veterinary Hospital; Head Minister responsible for veterinary services No PUBLIC ADMINISTRATION (
2. b)to act as the competent authority responsible for the supervision, administration and observation of the contract for the operation and management of the National Veterinary Hospital; (
3. c)to ensure that the hospital and its services operate in compliance with applicable laws, including regulations and applicable professional standards governing veterinary practice, including licensing, public administration, occupational health and safety, animal welfare, and public service management; (
4. d)to ensure that the National Veterinary Hospital provides accessible, safe, and effective veterinary services to the public, in compliance with obligations relating to the provision of emergency and critical veterinary care available twenty-four

(24)hours a day, including the provision of an on-call service and the maintenance of appropriate triage and referral systems; (

1. e)to facilitate clinical training and practical learning opportunities for veterinary and animal care courses offered by MCAST; (
2. f)to make available qualified veterinary professionals and specialists to support learning and supervisory activities, while ensuring that such educational activities comply with MCAST accreditation and training standards and do not compromise animal care and welfare or public safety; PUBLIC ADMINISTRATION PUBLIC ADMINISTRATION (
3. g)to ensure that the premises, clinical areas and equipment are properly maintained and kept safe, clean and fit for their intended purpose. PUBLIC ADMINISTRATION Boundaries and extent of the Malta National Park* PUBLIC ADMINISTRATION FOURTH SCHEDULE Agencies (Article 26) Agency Agency for Infrastructure Malta Agency for the Malta Philharmonic Orchestra Aġenzija SAPPORT Aġenzija Żgħażagħ Correctional Services Agency Court Services Agency Energy Agency and Wa t e r European Union Programmes Agency Agency function To perform any functions however so described relating to the design, construction, repair, maintenance and operation of infrastructural projects including the setup and implementation of strategies and policies related thereto To adopt and implement the artistic strategy of the National Philharmonic Orchestra. To exercise and execute the functions and duties previously exercised by the Aġenzija SAPPORT within the Foundation for Social Welfare Services, as well as any other matter falling within the ambit of the support and care of persons with disability To mainstream youth policy and to replace the existing Youth Section by providing youth services on behalf of the Government To oversee the implementation of national legislation and policy concerning Correctional Services, as well as to oversee the policy and strategy for the running of the Correctional Services to execute the functions and duties in r e l a t i o n t o t h e p r o v i s i o n o f co u r t services in Malta and in Gozo. To execute the functions and duties of the public administration in matters relating to the design, implementation a n d d i s s e m i n a t i o n o f w a t e r, conventional energy and alternative energy policy To promote, implement and manage the Erasmus+ Programme, and other programmes and initiatives of the European Union Amended by: XXVIII. 2018.42; L.N.121 of 2019; L.N. 192 of 2019; L.N. 197 of 2019; L.N. 2 of 2020; L.N. 194 of 2020; L.N. 344 of 2020; L.N. 418 of 2020; L.N. 436 of 2020; L.N. 445 of 2020; L.N. 453 of 2020; L.N. 7 of 2021; L.N. 124 of 2021; L.N. 399 of 2021; L.N. 412 of 2021; L.N. 254 of 2022; L.N. 367 of 2022; L.N. 31 of 2023; L.N. 117 of 2023; L.N. 283 of 2023; L.N. 284 of 2023; L.N. 112 of 2024; L.N. 327 of 2024. PUBLIC ADMINISTRATION Identity Malta Agency Institute for Education Land Registration Agency Legal Aid Agency Local Enforcement System Agency Community Agency Malta Malta Food Agency Malta International Contemporary Art Space Agency To execute the functions and duties of the public administration in matters relating to passports, identity documents, work and residence permits for expatriates, registration of public deeds, acts of civil status and individual investment programmes To serve as a platform to ascertain, implement and support Government policy where it concerns the formation, quality and standards that promote and develop training and the building of skills within the grades of educators and professionals in the education sector and within European and international dimensions and to reach all those who are and, or may become involved in the education sectors and within a socio-economic context To execute the functions and duties of the public administration in matters relating to land registration and condominium registration To be responsible for and to administer provision of the service of legal aid in all areas where this is required To carry out the functions and duties relating to the enforcement of any l a w, r e g u l a t i o n o r b y e - l a w, t h e enforcement of which has been delegated to regional committees, local councils or to such other local or regional authorities as are designated by the Local Councils Act To carry out functions and duties of public administration relating to the process of application for citizenship for exceptional services in terms of the Maltese Citizenship Act and to cooperate wit h oth er Go vernm ent agencies in all matters relating to citizenship To deliver public services in relation to food from farming and fisheries To be responsible for strengthening and ensuring the achievement of the highest quality in contemporary art PUBLIC ADMINISTRATION National Agency for the  Performing Arts Management Efficiency Unit National Development and Social Fund Agency National Literacy Agency Public Administration Human Resource Development Unit Registry of Companies Agency Residency Malta Agency Circular Economy Malta (Establishment) Order Servizzi Ewropej f’Malta (SEM) Servizz.gov Agency To promote performing arts, provide national platforms for performing arts in Malta and serve as the organizational and administrative framework for the Żfin Malta Unit, the Teatru Malta Unit and the Kor Malta Unit, nurture regular audiences and establish new ones, and cultivate a sense of artistic culture among the people To s u p p o r t p u b l i c s e c t o r c h a n g e initiatives through the provision of consultancy advice To implement the functions of the National Development and Social Fund established under the Individual Investor Programme of the Republic of Malta Regulations (S.L. 188.03) To support the Government in matters relating to literacy To achieve the retraining and re-skilling needs of public employees To function as a public registry for commercial partnerships and to execute those functions and duties relating to the registration of such commercial partnerships To execute the functions and duties of the public administration in matters relating to issuing of residence-byinvestment certificates and other administrative matters related to individuals wishing to stay or settle indefinitely in Malta or Gozo To execute the functions and duties relating to circular economy To inform and engage citizens in the EU processes through the dissemination of information and assistance on EU funding programmes. To carry out functions related to the provision of access to as many as possible of Government services to as many as possible service users, in partnership with the responsible Departments and Government entities, through the Servizz.gov regional-based hubs, multi-channel, one-stop service PUBLIC ADMINISTRATION To u r i s m Zones Regeneration Agency Valletta Cultural Agency Victim Support Agency International Protection Agency Detention Agency Services Project Green Aquatic Resources Malta Riżorsi Agrikoli Malta Science Malta To regenerate coastal tourism resorts and town centre management in touristic areas. To perform functions based on the legacy of the Valletta 2018 Foundation To exercise and execute the functions and duties relating to victim support in liaison with other pertinent Agencies and Government Departments. To receive, process and determine applications for international protection as well as ensuring an independent, fair and efficient asylum determination procedure To be responsible for the confinement of third country nationals who entered Malta irregularly or are irregularly present in Malta, and who have been issued with an order prescribing their detention To i m p l e m e n t a n d e x e c u t e environmental projects and projects which provide for the embellishment and creation of green spaces To coordinate and implement applied research and development projects related to the aquaculture and fisheries industries To regulate, administer and provide services related to agriculture resources To support the Government in matters relating to science, technology, research and innovation.   Amended by: L.N. 19 of 2020; L.N. 337 of 2022; L.N. 287 of 2023; XXXVIII.2023.50; XVI.2024.47; XXXIII.2024.48. FIFTH SCHEDULE Appointments of Ambassadors, High Commissioners and principal representatives of Malta and appointments to certain posts in Government Agencies and other entities (Article 38) FIRST PART Ambassadors, High Commissioners or principal representatives of Malta to countries where they are appointed as resident Ambassadors, High Commissioners or principal representatives. PUBLIC ADMINISTRATION SECOND PART The Governor of the Central Bank of Malta The Chairman of the Malta Financial Services Authority The Chairman of the Regulator for Energy and Water Services The Chairperson of the Authority for Transport in Malta The Chairman of the Malta Communications Authority The Chairperson of the Malta Gaming Authority The Chairperson of the Planning Board of the Planning Authority The Chairperson of the Environment and Resources Authority The Commissioner for Voluntary Organisations The Chairperson of the Lands Authority The Chairman of the Malta Competition and Consumer Affairs Authority The Chief Executive Officer of the Medicines Authority The Chairperson of the Malta Tourism Authority The Chairperson of the Malta Further and Higher Education Authority The Chairman of the Financial Intelligence Analysis Unit The Chairman of the Malta Digital Innovation Authority The Commissioner for the Rights of Persons with Disability The Chairperson of the Social Care Standards Authority The Chairperson of EquestriMalta The Chairperson of the Older Persons Standards Authority The Chairperson of the Board of the Occupational Health and Safety Authority The Chairperson of the Climate Action Authority The list of offices established above shall be deemed to include any other office in which all the legal functions of the offices abovementioned shall be vested from time to time both if in the same entity and if in another entity, except for a Government Department, which PUBLIC ADMINISTRATION may be established from time to time to fulfil the said legal functions. THIRD PART Form of advice to be given by the Standing Committee on Public Appointments "Minister, The Standing Committee on Public Appointments has organized a pre-appointment hearing in respect of the proposed appointment of ................................................................................................... as ........................................................ of ................................................ and after having considered the results of the pre-appointment hearing has decided to advise in favour/against the proposed appointment. Chairperson Standing Committee on Public Appointments". Amended by: L.N. 411 of 2020; XXXIII.2024. First Schedule SIXTH SCHEDULE List of those posts within the public administration that, due to the nature of their role and responsibilities, are considered to be high risk positions [Article 4

(4)] Consideration of applications and decision-making Building Industry Consultative Council Skills Cards Officials Commission for the Rights of Persons with Disability Assistant Manager Grade 9 (Services team issuing blue badges) Service Officers Grade 11 (Services team issuing blue badges) PUBLIC ADMINISTRATION Assistant Service Officers Grade 13 (Services team issuing blue badges) Enforcement Officer Grade 11 (Accessibility team) Identity Malta Senior Managers responsible for decision-making and authorisation on applications for visas, Maltese citizenship, residence and issue of passports and travel documents Senior Administrative Officer responsible for approval of passport applications and custody of passport booklet stock Administrative Officer (Back Office) Administrative Officer (Front Office) Jobsplus Unit Manager (Employment Licences) Senior Executive Officer (ELU) Executive Officer (ELU) Malta Communications Authority Chief, Spectrum Management and Technology Senior Manager, Spectrum Planning and Authorisation Malta Competition and Consumer Affairs Authority Director, Regulatory Affairs Senior Manager, Regulatory Affairs Professional Officer - Scientist PUBLIC ADMINISTRATION Senior Professional Officer - Scientist Professional Officer - Engineer Senior Officer - Technical Technical Officer - Laboratory Malta Financial Services Authority Members of decision-making and other bodies Malta Individual Investor Programme Agency Chief Officer, Risk and Compliance Administrative Officers who deal with applications for residence and citizenship Medicines Authority Director (Licensing Directorate) Director (Post-Licensing Directorate) Director (Strategy, Directorate) Operations and Regulatory Affairs Director (Advanced Scientific Initiatives Directorate) Senior Quality Assessor (Licensing Directorate) Medical Assessor (Post-Licensing Directorate) Clinical Assessor (Licensing Directorate) Assessor, Safety and/or Pharmacokinetics Directorate/Post-Licensing Directorate) (Licensing Quality Assessor (Licensing Directorate) Junior Assessor Directorate) (Licensing Directorate/Post-Licensing PUBLIC ADMINISTRATION Malta Police Force Superintendent responsible for issuing weapons licences Superintendent responsible for issuing fireworks licences Superintendent responsible for issuing private guards services licences Malta Tourism Authority Director, Licensing Manager, Licensing Assistant Manager, Licensing Executive, Licensing Ministry for Health Clerical staff at Burials (Environment Health Directorate) Social Care Standards Authority Head of Licensing and Legal Office Manager, Licensing and Legal Office Manager, Regulation and Standards Office Assessors Finance, procurement and resource management All government organisations Chief Officers responsible for finance PUBLIC ADMINISTRATION Financial Controllers Heads of Procurement Managers responsible for procurement Officers and Executives responsible for procurement EU Fund Managers Ministries and departments of government Directors responsible for financial administration Assistant Directors (Procurement) Grand Harbour Regeneration Corporation Manager, Quantity Surveyor Heritage Malta Manager Senior Executive Officer Executive Officer Identity Malta Senior Manager responsible for revenue collection Administrative Officer responsible for tenders and procurement Advisor - tenders advice regarding tenders and procurement Institute of Tourism Studies PUBLIC ADMINISTRATION Manager, Finance Assistant Manager, Procurement Jobsplus Head of Finance, ICT and Procurement Division Department Manager (Finance) Unit Manager (Procurement) Senior Executive Officers (Procurement) Executive Officers (Payments) Malta College of Arts, Science and Technology Director, Capital Projects Malta Communications Authority Senior Manager, Finance, HR and Administration Malta Competition and Consumer Affairs Authority Senior Professional Officer - Finance Administrative Officer - Procurement Malta Council for Science and Technology Deputy Director, Finance Deputy Director - EU Framework Programmes Executive Officer (Erasmus Funds Project Administrator) Senior Procurement Manager PUBLIC ADMINISTRATION Malta Film Commission Manager, Finance Malta Freeport Authority Executive, Finance Medicines Authority Directorate) (Inspectorate and Enforcement Director Senior Medicines Inspector Medicines Inspector Enforcement Inspector Junior Inspector Enforcement Officer Malta Residency and Visa Agency Administration Officer collecting payments with applications for the residency by investment programme Procurement Administrators Ministry for Education and Employment Senior Manager, Finance and Administration (European Union Programmes Agency) Quantity Surveyors (Foundation for Tomorrow’s Schools) Head of Finance (Institute for Education) Senior Manager, Administration and Finance (Institute for Education) PUBLIC ADMINISTRATION Ministry for Finance Officers in charge of handling revenue and officers authorised to cancel dues by debtors (Commissioner for Revenue, Customs Department) Accountants (Commissioner for Revenue) All public procurement officials (Contracts Department) Ministry for Gozo Officer in Grade 4 (Procurement Unit) Senior Principal (Procurement Unit) Principal (Procurement Unit) Ministry for Health Head, Revenue Collection (Mater Dei Hospital) Manager, Revenue Collection (Mater Dei Hospital) Manager, Contractual Services (Mater Dei Hospital) Procurement and Administrative Officer (CPSU) Chief Projects Officer (Foundation for Medical Services) Procurement Coordinator (Foundation for Medical Services) Ministry for Justice, Culture and Local Government Assistant Director, Finance and Administration (Corporate Services Directorate) Ministry for Foreign Affairs and Trade Promotion Officer in charge of EU funds and projects (Office of the Permanent Secretary) Ministry for the Environment, Sustainable Development and Climate Change Officer i/c Revenue (Finance and Administration Directorate) PUBLIC ADMINISTRATION Ministry for the Family, Children’s Rights and Social Solidarity Senior Procurement Officer (Corporate Services Directorate) Manager Grade 7, Finance Department (Commission for the Rights of Persons with Disability) Manager, EU Project Management (Commission for the Rights of Persons with Disability) Officers in charge of awarding benefits and officers authorised to cancel dues by debtors (Department of Social Security) Director, Financial Governance and Planning Assistant Director, Budgeting and Governance and Planning Directorate) Planning (Financial Assistant Director, Finance (Gozo Overpayments Section) Senior Principals (Gozo Overpayments Section) Senior Procurement Officer (Ministerial Procurement Unit) Senior Manager, Authority) Procurement (Social Care Standards Ministry for Transport, Infrastructure and Capital Projects Senior Manager, Finance (Office of the Permanent Secretary) Manager, Compliance (Office of the Permanent Secretary) Head, Quantity Surveying Unit Assistant Head, Quantity Surveying Unit Quantity Surveying Staff (PTO, IPSL, ERL) Assistant Director, Contracts (Finance and Administration Directorate) Procurement Section staff (Finance and Administration Directorate) Director, Project Design and Engineering (Works and Infrastructure Department) Director, Manufacturing and Services (Works and PUBLIC ADMINISTRATION Infrastructure Department) University of Malta Director (Procurement Office) Senior Administrative Officers (Procurement Office) Inspections and enforcement Building Regulation Office Assistant Director, Enforcement Enforcement Officers Third Party Rights Officers Energy Performance of Buildings Officers Bureau of Air Accidents Investigation Chief Investigator Department for Industrial and Employment Relations EIRA Inspectors Department of Probation and Parole Probation Officers Housing Authority Manager, Estate Management Inspectorate Jobsplus Senior Executive Officer (Compliance) PUBLIC ADMINISTRATION Senior Inspectors Senior Executive Officer (Monitoring) Executive Officers (Monitoring) Lands Authority Enforcement, Inspectorate and Compliance Director and staff Technical Officers (Joint Office) Local Enforcement System Agency Regional Enforcement Officers Malta Gaming Authority Officers (AML, Enforcement, Due Diligence, Investigations, Compliance, Authorisations, Player Support) Gaming Inspectors INDIS Malta Ltd Inspectors Malta Competition and Consumer Affairs Authority Director, Inspectorate and Cartel Investigations Inspector - Customer Enforcement Market Surveillance Officer Officer - Customer Enforcement Inspector - Market Surveillance Administrative Officer - Metrology Senior Quality Manager Technical Officer - Metrology Malta Tourism Authority PUBLIC ADMINISTRATION Director, Compliance and Regulatory Senior Manager, Compliance and Regulatory Officer, Compliance Executive Officer, Regulatory Ministry for Finance Director General, Operations (Commissioner for Revenue) VAT Inspectors Revenue Officers (Commissioner for Revenue) Enforcement Officers (Commissioner for Revenue) Inspectorate Officers (Commissioner for Revenue) Inspectors of Customs Ministry for Gozo Principal (Licensing and Testing) Assistant Principals (Licensing and Testing) Principal (Trade) Assistant Principal (Trade) Senior Environmental Health Practitioner (Health Inspectorate) Senior Environmental Health Officers (Health Inspectorate) Ministry for Health Licensing Inspector (Health Standards Directorate) Standards Licensing Officer (Health Standards Directorate) PUBLIC ADMINISTRATION All Environmental Health Officers in all grades Ministry for the Family, Children’s Rights and Social Solidarity Director, Benefit Compliance Assistant Director, Directorate) Investigations (Benefit Compliance Inspectors (Benefit Compliance Directorate) Occupational Health and Safety Authority Health and safety at work officers Planning Authority Assistant Director of Compliance and Enforcement Social Care Standards Authority Head of Inspectorate Office Manager (Inspectorate Office) Transport Malta Airworthiness Inspectors Flight Operations Inspectors Inspecting officers for flight operations, approvals and licensing, ANS and aerodromes, air transport navigation, personnel licensing and general aviation Senior Marine Safety Investigators Marine Safety Investigators Junior Marine Safety Investigators PUBLIC ADMINISTRATION Vessel Traffic Services Supervisor Flag and Port Inspector Port Security Compliance Inspector Senior Port Inspector Port Inspector