Chapter 497 – Public Administration Act

PUBLIC ADMINISTRATION

CHAPTER 497*

PUBLIC ADMINISTRATION ACT To affirm the values of public administration as an instrument for the common good, to provide for the application of those values throughout the public sector, and to provide for the organisation and management thereof. (27th November, 2009); (30th March, 2010)† ACT I of 2009, as amended by Legal Notices 194, 487, 522 of 2010; Act VI of 2011; Legal Notices 522 of 2010, 479 of 2011, 324, 346, 434 of 2012, 269, 436 of 2013, 50, 68, 192, 402, 414 of 2014, 2, 25, 50, 153 of 2015, 41, 104, 171, 311, 340, 366 of 2016, 107 of 2017, 108 of 2017, 149 of 2017, 154 of 2017, 243 of 2017, Act II of 2018 and Legal Notice 96 of 2018 and 144 of 2018,153 of 2018 , 286 of 2018 ,308 of 2018 and Act XXVIII of 2018 and Legal Notice 356 of 2018. ,401 of 2018 and 4 of 2019.

ARRANGEMENT OF ACT

Part I

Part II

Title 1

Title 2

Title 3

Part III

Title 1

Title 2

Title 3

Part IV

Definitions and Declaration of Principles The Public Service Organisation Leadership Public officers Merit Protection Commission, Agencies and Government Entities The Merit Protection Commission Agencies Government entities, boards and commissions Miscellaneous First Schedule Second Schedule Third Schedule Fourth Schedule Articles 1-5 6 - 31 6 - 12 13 - 19 20 - 31 32 - 48 32 - 35 36 - 45 46 - 48 49 - 51

Legal Notice 44 of 2010 brought into force articles 8 to 10 inclusive, 18(1)(d), 19, 36 to 45 inclusive, and 49

PUBLIC ADMINISTRATION

PART I

DEFINITIONS AND DECLARATION OF PRINCIPLES Short title and commencement.

Art. 1

Act.

Provided that articles 21 to 26 inclusive, 28 and 31 to 34 inclusive may only be brought into force after the necessary instruments of delegation have been issued in terms of article 110 of the Constitution.

Interpretation.

Art. 2

S.L. Const. 03 "Disciplinary Regulations" means the Disciplinary Procedure in the Public Service Commission 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; " g o v e r n m e n t e n t i t y " m e a n s a n o rg a n i s a t i o n , n o t b e i n g a government department, a government agency or a commercial partnership, in which Government has a controlling interest, whether or not such organisation is established by law; "grade" means any of the grades listed in the Third Schedule, and consists of a group of one or more posts in one or more departments which bear a common designation and are filled directly through an appointment to the grade; "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; "ministry" means an organisation referred to in article 6; "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, and the agencies, government entities, commissions and boards referred to in this PUBLIC ADMINISTRATION Act;

4; "public administration values" means the values listed in article "public employee" includes public officers and employees of government agencies and government entities, and for the purpose of section B, section C and paragraph 27 of the Code of Ethics a person shall continue to be regarded as a public employee for three years following his retirement, resignation or dismissal from public employment; "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 in the public service 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 subarticle (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 subarticle (2); "Public Service Commission" means the Commission established by article 109 of the Constitution; "Senior Executive Service" means the body of senior public officers to which article 19 refers; "transfer" means to assign a public officer to a different post.

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 Public Service Commission Secretariat.

Art. 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:

Principle of accountability.

PUBLIC ADMINISTRATION (a) be governed by the provisions of this Act, including the public administration values and the Code of Ethics; (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; (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.

Art. 4

Code of Ethics.

Art. 5

PUBLIC ADMINISTRATION

PART II

THE PUBLIC SERVICE

Title 1 - Organisation

Art. 6

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.

Part II of the Second Schedule.

Provided that on the expiration or termination of the contract, the directives and guidelines mentioned in subarticle (4) shall apply.

Ministers and Ministers’ secretariats.

PUBLIC ADMINISTRATION

Ministries.

Art. 7

Departments.

Art. 8

Senior Appointments Advisory Committee.

Art. 9

PUBLIC ADMINISTRATION (b) identify candidates for the position in accordance with article 21(2), within the parameters set by the Constitution; and (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.

Art. 10

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.

Titles of headship positions and other public offices, and equivalent titles at law.

PUBLIC ADMINISTRATION

Exercise of powers during a public officer’s absence.

Art. 11

Secretariats of boards and commissions.

Art. 12

Title 2 - Leadership

Art. 13

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).

The Principal Permanent Secretary.

Appointment of Principal Permanent Secretary.

PUBLIC ADMINISTRATION

Art. 14

Directives and guidelines issued by the Principal Permanent Secretary in relation to departments of Government.

Art. 15

Committee of Permanent Secretaries.

Art. 16

Art. 17

Supervision of departments by Permanent Secretaries. (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; (b) being managed according to law, the public service values, the Code of Ethics, and applicable policies and directives governing staff conduct, management and the use of resources; and (c) operating economically, efficiently and effectively and delivering any services to the public to a satisfactory standard.

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.

Art. 18

PUBLIC ADMINISTRATION of department (a) to manage the activities and programmes of the department efficiently, effectively and economically; (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; (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; (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 (e) to coordinate the activities of the department with those of other government organisations in the best interests of efficiency, effectiveness and service quality.

Senior Executive Service.

Art. 19

Provided that this subarticle shall not be read as conferring power to change the terms of an officer’s appointment during the course of that appointment:

Provided further that an office may be abolished only if any of the conditions listed under article 23(4) applies.

Title 3 - Public officers

Art. 20

Public officers’ assignment to and transfer between posts.

Merit principle.

Powers of heads of department in relation to employees.

Power to create, abolish and classify positions.

PUBLIC ADMINISTRATION 22.* Subject to the provisions of the Constitution, articles 181B and 469A of the Code of Organization and Civil Procedure, this Act, and the Public Service Management Code, a head of department shall exercise in relation to public officers in his department all rights, duties and powers of an employer in relation to his employees.

23.* (1) A head of department may in writing create positions in his department in accordance with such directives and guidelines as may be issued in that respect by the Principal Permanent Secretary.

Provided that this subarticle shall not be read as conferring power to change the terms of an officer’s appointment during the course of that appointment.

Appointments to positions.

24.* (1) A head of department may appoint a person to fill a position in a department under his charge in accordance with such directives and guidelines as may be issued by the Principal Permanent Secretary in relation thereto.

PUBLIC ADMINISTRATION shall, for the duration of his appointment, be considered a public officer and shall have all the rights, powers and duties pertaining thereto under this law and any applicable law, even if he does not hold a grade.

Filling of positions by lateral appointment.

26.* (1) A public officer may not be removed from a position except in the following cases: (a) as a sanction in accordance with the Disciplinary Regulations; or (b) at the end of the term for which the appointment to the position was made; or (c) where the position is abolished.

Removal from positions.

PUBLIC ADMINISTRATION his appointment to the grade has also been terminated or he is declared surplus to requirements in terms of article 28.

Grades.

Surplus Pool.

28.* (1) In this article "Surplus Pool" means those public officers who are assigned thereto as provided by subarticle (2) because they are surplus to requirements, that is: (a) they are not needed in their current posts and cannot be transferred or laterally appointed to other duties within their respective department; and (b) they cannot be transferred to another department in terms of article 20.

PUBLIC ADMINISTRATION Pool and appointed by the Principal Permanent Secretary to a grade or position appropriate to the officer’s new skills provided that in the case of such appointments the provisions of article 21 need not be applied.

30.* Once the relative articles are brought into force in terms of article 1(2), the Public Service Commission shall, acting in accordance with article 121(1) of the Constitution, extend to the public service any or all of the provisions of articles 33 and 34, assuming directly in respect of the public service the powers therein assigned to the Merit Protection Commission:

Applicability of certain provisions in terms of the Constitution.

Extension to the public service of powers assigned to the Merit Protection Commission.

Provided that the restrictions applying to the Merit Protection Commission concerning matters under the jurisdiction of the Industrial Tribunal shall not apply to the Public Service Commission acting in relation to the public service and public officers.

31.* (1) The Public Service Commission shall ensure, in so far as its powers under articles 33 and 34 (as extended to the public service under article 30) permit, that no public officer is victimised for making any report to his superior, to the Commission or to another relevant authority about any breach of the Code of Ethics or of any other provision of this or any other Act.

Recommendation on victimisation.

PART III

MERIT PROTECTION COMMISSION, AGENCIES AND GOVERNMENT ENTITIES

Title 1 - The Merit Protection Commission

32.* In addition to its functions under any other law the Public Service Commission shall act as a Merit Protection Commission (in this Title referred to as the "Commission") for the purposes of this Act.

Public Service Commission to act as Merit Protection Commission.

33.* (1) Subject to subarticle (3), the functions of the Commission shall be:

Functions of the Commission. (a) to audit the appointment of employees of government agencies and government entities to verify that these *this article is not yet in force.

PUBLIC ADMINISTRATION are made in accordance with article 21; (b) to monitor and suggest amendments to directives and guidelines on employment matters issued by the Principal Permanent Secretary in relation to agencies and government entities, as well as the application of such directives and guidelines; and (c) unless otherwise catered for in the legislation, Order or instrument setting up the government entity, agency, board or commission or any other similar organisation or body, to inquire into reports that the directives issued by the Principal Permanent Secretary have not been adhered to.

Powers of investigation and remedy.

34.* (1) For the purposes of its functions under this Act the Commission may: (a) carry out such inspections and investigations as it may deem necessary; (b) summon any person to appear before it and give evidence on oath; *this article is not yet in force.

PUBLIC ADMINISTRATION (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 (d) enter the premises of any agency or government entity, subject to compliance with any legal requirements placed by any law on the police for the same purposes.

Application of this Title.

PUBLIC ADMINISTRATION

Title 2 - Agencies

Establishment of agencies.

Provided that any such Order shall provide for the necessary amendments to the Fourth Schedule.

Legal personality and judicial representation of agencies.

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.

Directives and guidelines issued by the Principal Permanent Secretary in relation to agencies.

PUBLIC ADMINISTRATION (b) put into effect measures to improve the performance of agencies and the quality of the services they deliver to the public; (c) provide for matters relating to employment, including: (i) the redeployment of staff to, from or between agencies; and (ii) the application of the merit principle and the establishment of safeguards in relation thereto; (d) establish mechanisms for staff classification and the determination of pay levels; and (e) put into effect such other policy objectives and management priorities as the Government may from time to time set out.

General direction and control of agencies by Ministers and supervision by Permanent Secretaries.

Agency performance agreements.

Accounts, audit and other financial arrangements.

PUBLIC ADMINISTRATION 41. (1) The Prime Minister shall, in consultation with the Minister responsible for finance, decide on the manner in which an agency should be financed and whether and to what extent the provisions of the Financial Administration and Audit Act shall apply to the agency.

Advisory boards.

Detailing of public officers with an agency.

Pension rights and other arrangements.

PUBLIC ADMINISTRATION 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.

Application of this Title.

PUBLIC ADMINISTRATION 45. The provisions of this Title shall apply to all Government agencies except in so far as they may conflict with the provisions of any other law regulating an agency.

Title 3 - Government entities, boards and commissions

Application of certain articles of this Act and of other laws.

Supervision of government entities by Permanent Secretaries.

Supervision of boards and commissions.

PUBLIC ADMINISTRATION

48A. (1) There shall be a Standing Committee on Public Appointments which shall consist of seven members appointed by the House of Representatives 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.

Added by:

II. 2018.2.

Four members of the Committee shall constitute a quorum.

48B. (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 t he 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 to this Act, 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 to this Act, 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 Chairperson of the Standing Committee on Public Appointments (hereinafter in this article referred to as "the Committee"):

Provided that: (i) 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 (ii) 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 Pre-appointment parliamentary hearing on appointments of Ambassadors and on appointments to certain posts in Government Agencies, and other entities.

Added by:

II. 2018.2.

PUBLIC ADMINISTRATION of reflecting a change in the name of a post or of an entity, shall require approval by resolution of the House of Representatives before it comes into force.

Provided that: (i) 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; (ii) 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 of Representatives or to the PUBLIC ADMINISTRATION whole House unless the Committee by a majority vote of all its members so decides; and (iii) 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.

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 above-mentioned.

PART IV

MISCELLANEOUS 49. 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: (a) the better management and administration of the public service, government agencies and government entities; (b) the manner in which the accounts and records of government agencies and government entities are to be kept; (c) the manner in which goods and services are to be procured by any or all government agencies or government entities, and the procedures to be adopted in connection therewith; (d) the sanctions that may be applicable in case of breaches of the Code of Ethics; (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 issue regulations with a view to resolving any matter Power to make regulations.

PUBLIC ADMINISTRATION outstanding as at the time of the coming into force of this Act; and (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: (i) posts in the Office of the President, the House of Representatives, the Prime Minister’s and Ministers’ Secretariats, the Cabinet Office, and the offices of the Principal Permanent Secretary and of Permanent Secretaries; (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; (iv) posts in the Office of the Prime Minister and the Ministries of Finance, Justice, Home Affairs and Foreign Affairs; (v) posts within departments charged with the protection of the economic interests of the State, including tax authorities; (vi) positions in the Senior Executive Service; (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.

PUBLIC ADMINISTRATION FIRST SCHEDULE CODE OF ETHICS (Article 5) A.

Principles 1.

This Code of Ethics is adopted within a framework of principles which are fundamental to the ethos governing behaviour. These have been identified as public trust; serving the public and the business community; responsibility to the Government of the day; productivity and flexibility; and public employees’ rights.

2.

The public has a right to expect that public sector organisations and their employees are of the highest integrity and competence and serve all citizens fairly, reasonably, equitably and efficiently.

3.

Public employees shall provide impartial and accurate advice to the Government of the day and shall implement its policies promptly, efficiently and effectively.

4.

The public and the business community have a right to expect that public employees will seek to meet their legitimate needs promptly and courteously.

5.

The nation expects public employees to be committed to a constant quest for innovation, improved productivity, and the simplification of procedures, so as to contribute to national economic growth and competitiveness.

6.

Public employees shall make full use of information and communication technology as an essential tool in the improvement of public administration and the delivery of better services, and they shall ensure that they possess the necessary skills to this end.

7.

Public employees’ rights are all the rights of employees, within the provisions of legislation and regulations.

B.

Conflicts of Interest 8.

A conflict of interest may be defined as a situation in which a public employee has a private or personal interest sufficient to influence or appear to influence the objective exercise of his or her official duties.

9.

Public employees shall avoid any financial or other interest or undertaking that could directly or indirectly compromise the performance of their duties.

C.

PUBLIC ADMINISTRATION Acceptance of Gifts or Benefits 13. No public employee or any member of his household shall accept gifts or services such as might be deemed to create an obligation, real or imagined.

D.

Personal and Professional Behaviour 15. Public employees shall perform any duties associated with their positions diligently, impartially and conscientiously, to the best of their ability.

16.

In the performance of their duties, public employees shall: (a) keep up to date with advances and changes in their area of expertise; (b) comply with any relevant legislative or administrative requirements; (c) treat members of the public and other staff members with courtesy and sensitivity to their rights; (d) provide all necessary and appropriate assistance to members of the public; (e) maintain adequate documentation to support any decisions made; (f) strive to obtain value for public money spent and avoid waste and extravagance in the use of public resources; (g) not take or seek to take improper advantage of any official information gained in the course of employment; (h) not wilfully supply incorrect or misleading information; (i) not indulge in favouritism or nepotism.

E.

Fairness and Equity

Art. 21

Art. 22

PUBLIC ADMINISTRATION F.

Use of Official Information

Art. 23

Art. 24

G.

Use of Official Facilities and Equipment

Art. 25

It is expected that public employees shall: (a) be efficient and economical in the use and management of public resources; (b) be scrupulous in their use of public property and services and not permit their abuse by others.

Art. 26

H.

Outside Employment and Termination

Art. 27

Art. 28

Art. 29

I.

Political Participation and Comment

Art. 30

Art. 31

Art. 32

Determining what is appropriate in any particular case will depend on the PUBLIC ADMINISTRATION extent of the participation of the individual, the nature of the issue, the position held by the individual and existing regulations within the organisation concerned.

Art. 33

Art. 34

J.

Sanctions

Art. 35

Art. 36

Art. 37

PUBLIC ADMINISTRATION SECOND SCHEDULE DEPARTMENTS (Article 8) Substituted by:

L.N. 194 of 2010;

L.N. 487 of 2010;

L.N. 346 of 2012.

Amended by:

VI. 2011.152;

L.N. 324 of 2012.

Substituted by:

L.N. 346 of 2012.

Amended by:

L.N. 434 of 2012;

L.N. 436 of 2013;

L.N. 402 of 2014.

Substituted by:

L.N. 50 of 2015.

Amended by:

L.N. 311 of 2016 Substituted by:

L.N. 108 of 2017.

In each part of this Schedule departments are listed in alphabetical order according to the functional element of their title (Social Security rather than Department of Social Security).

Part I

Departments other than those not subject to ministerial control Department Head of department Department of Active Ageing and Community Care Director (Active Ageing and Community Care) Other offices with statutory powers (article 10) Equivalent title at law (article 10) Function of the department To implement the National Active Ageing, the National Dementia Strategy as well as all services for older persons both at community and residential basis on a national level.

PUBLIC ADMINISTRATION Director responsible for the Benefit Fraud and Investigation Department To investigate fraud by individuals receiving benefits and allowances payable under the Social Security Act Benefit Fraud and Investigation Department Director (Benefit Fraud and Investigation) Cabinet Office Secretary to the Cabinet To support the workings of Cabinet Department of Civil Protection Director (Civil Protection) To provide fire-fighting and rescue services and take protective action against natural, industrial and other emergencies Commerce Department Director General (Commerce) 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 Head of the Department of Contracts To regulate, monitor, manage and approve contracts issued by Government departments Department of Contracts Director General (Contracts) PUBLIC ADMINISTRATION Courts of Justice Department Director General (Courts) 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 (Gozo Courts and Tribunals) Director, Gozo Courts and Tribunals Registrar, Gozo Courts and Tribunals Commissioner for Revenue Comptroller of Customs To support and facilitate the administratio n of justice Customs Department Director General (Customs) Economic Policy Department Director General (Economic Policy) To provide expert advice and assistance to Government in the formulation of economic policy and the management of economic activity Fisheries and Aquaculture Department Director General (Fisheries and Aquaculture) To promote, develop and regulate aquaculture To collect customs and excise duties and curb illegal imports while facilitating trade PUBLIC ADMINISTRATION Department of Information Director (Information) Press Registrar To provide the public with up-todate, comprehensi ve and meaningful information on Government policies, services and activities, and on matters which may be of public interest.

Inland Revenue Department Director General (Inland Revenue) Commissioner for Revenue To administer fiscal legislation in relation to income and other taxes Department of Justice Director (Justice) Local Government Department Director (Local Government, Monitoring and Support) To coordinate, support and supervise the functions of all areas in the Justice sector.

Director responsible for Local Councils To support and monitor activities of the Local Councils PUBLIC ADMINISTRATION People and Standards Department Director General (People and Standards) Malta Police Force Commissioner of Police To provide a framework that enables ministries and departments to plan for their human resources efficiently and for the management of the people relations and wellbeing, to manage corporate human resources data systems, resourcing and compliance to directives and procedures, to establish and ensure adherence to the levels of good quality and standards, and be in charge of strategic human resource management , and lead and coordinate industrial relations Principal Immigration Officer To preserve peace and order, to detect and investigate offences, and to prosecute offenders; to control immigration into Malta Probation and Parole Director (Probation and Parole) Rural Development Department Director General (Rural Development) Department of Social Security Director General (Social Security) Social Welfare Standards Department Director (Social Welfare Standards) PUBLIC ADMINISTRATION Director of Probation Services Director (Agriculture) Director of Agriculture To help ensure social stability in Maltese society by contributing to minimise the frequency of crime and by ensuring the reintegration of offenders into society, through probation, parole and victim support services To promote and develop farming and regulate the upkeep of public gardens To administer the social security (contributory and noncontributory) scheme and provide timely financial assistance and other social benefits, pensions and allowances to eligible applicants Director of the Department responsible for social welfare To regulate the welfare sector and ensure that the providers of social welfare services comply with set standards PUBLIC ADMINISTRATION Superintendence of Public Health Superintenden t of Public Health Tax Compliance Unit Head (Tax Compliance Unit) Treasury Department Accountant General Accountant General To maintain a uniform accounting system across Government departments; supervise, monitor and report on all Government financial transactions and manage Public Debt.

VAT Department Director General (VAT) Commissioner for Revenue To ensure that all persons performing an economic activity for a consideratio n duly register under the VAT Act, and collect dues Superintende nt of Public Health To regulate and safeguard public health and to regulate the provision of health care by both public and private sector providers To curb tax evasion Works and Infrastructur e Department PUBLIC ADMINISTRATION Director of Public Works Superintendent of Public Works Director General (Works and Infrastructure) To design, plan and carry out public infrastructur e works and projects.

To provide ancillary building projects services, manufacturin g services, public cleansing services and a regulatory framework for the building construction industry

Part II

Departments not subject to ministerial control Department Head of department Electoral Office Chief Electoral Commissioner Internal Audit and Investigation s Department Director General (Internal Audit and Investigations) Office of the President Secretary to the Presidency Office of the Public Service Commission Executive Secretary, Public Service Commission Other offices with statutory powers (article 10) Equivalent title at law (article 10) 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 Executive Secretary to the Commission To support the Public Service Commission in the exercise of its functions PUBLIC ADMINISTRATION THIRD SCHEDULE GRADES (Article 27) Salary Scale 1 Attorney General Officer in Grade 1 Salary Scale 2 Commissioner of Police Officer in Grade 2 Salary Scale 3 Ambassador Deputy Attorney General Deputy Commissioner of Police Director (Clinical) Officer in Grade 3 Salary Scale 4 Assistant Attorney General Assistant Commissioner of Police Chief Electoral Commissioner Chief Notary to Government Consultant Officer in Grade 4 Senior Counsellor Salary Scale 5 Assistant Director of Education Assistant Director, Pharmaceutical Services Assistant Registrar Chief Architect & Civil Engineer Chief Curator Chief Economics Officer Chief Engineer Chief Inspector of Customs Chief Psychologist Chief Quantity Surveyor Chief Scientific Officer Deputy Director, Dept of Civil Protection Deputy Director, Institute of Tourism Studies First Counsellor Librarian Manager, Health Inspectorate Officer in Grade 5 Salary Scale 5 Continued Principal Information Officer Principal Medical Officer Principal Veterinary Officer Project Manager (IT) Senior Clerk Assistant Senior Counsel Senior Registrar Sports Officer II Superintendent of Police Salary Scale 6 Clerk Assistant Counsel Education Officer General Practitioner Head of Building & Restoration Head of School Head of Trade School Internal Audit Manager Manager, Dental Hygiene Services Manager, Dental Technology Services Manager, Medical Laboratory Technology Services Manager, Midwifery Services Manager, Nursing Services Manager, Occupational Therapy Services Manager, Office of Co-operatives Manager, Physiotherapy Services Manager, Podology Services Manager, Radiography Services (Diagnostic) Manager, Radiography Services (Therapeutic) Manager, Speech Therapy Services Principal Economics Officer

Principal Environment Officer Principal Health Promotion Officer Principal Inspector (Health & Safety) Principal Pharmacist Principal Probation Officer Principal Public Cleansing Officer Principal Scientific Officer Principal Social Worker Salary Scale 6 Continued Principal Trading Standards Officer Registrar Senior Architect & Civil Engineer Senior Engineer Senior Legal Officer Senior Medical Officer Senior Psychologist Senior Quantity Surveyor Senior Veterinary Officer Salary Scale 7 Assistant Head of School Assistant Head of Trade School Chief Assistance and Rescue Officer Chief Printer Counsellor Curator Departmental Midwifery Officer Departmental Nursing Manager Head, Care Centre Medical Officer (GP) Operations Manager Principal Agricultural Officer Principal, Agricultural College Principal Veterinary Support Officer School Counsellor Senior Information Officer Senior Inspector of Customs Senior Internal Auditor Senior Notary Senior Pharmacist Senior Principal Senior Systems Analyst (IT) Subject Co-ordinator Trade/Subject Co-ordinator Trade/School Counsellor Salary Scale 8 Architect & Civil Engineer Dental Surgeon Inspector of Police Internal Auditor II Legal Officer Medical Officer Meteorological Officer PUBLIC ADMINISTRATION Salary Scale 8 Continued Midwifery Officer Nursing Officer Principal Health Inspector Principal Paramedic Psychologist Senior Assistant Librarian Senior Co-Operatives Officer Senior Economics Officer Senior Environment Inspector Senior Health Promotion Officer Senior House Officer Senior Inspector (Health & Safety) Senior Probation Officer Senior Scientific Officer Senior Social Worker Senior Statistics and Research Officer Senior Trading Standards Officer Veterinary Officer Salary Scale 9 Assistant Chief Printer Assistant Principal Health Inspector Assistant Principal Paramedic Cultural Organiser Deputy Midwifery Officer Deputy Nursing Officer Disablement Resettlement Officer Engineer First Secretary House Surgeon (Dentistry) Houseman Inspector of Customs Instructor Junior Architect & Civil Engineer Junior Legal Officer Junior Veterinary Officer Manager, Security Services Notary Notary to Government (Gozo) Officer i/c Operations (IT) Operations Officer Pharmacist Principal Agricultural Foreman Principal ECG Technician Principal Pharmacy Technician PUBLIC ADMINISTRATION Salary Scale 9 Continued Principal Technical Officer Public Cleansing Officer Public Relations Officer Quantity Surveyor Senior Agricultural Officer Senior Consul Senior Legal Procurator Senior Veterinary Support Officer Station Officer Sports Officer I Systems Analyst (IT)

Teacher Salary Scale 10 Advocate for Legal Aid Assistant Curator Assistant Head, Care Centre Assistant Librarian Chief Marshal Committee Clerk Co-operatives Officer Economics Officer Environment Officer Health Promotion Officer Information Officer Internal Auditor I Junior Engineer Legal Procurator Principal Principal Fisheries Officer Scientific Officer Second Secretary Senior Health Inspector Senior Paramedic Sergeant Major Social Worker Statistician Statistics and Research Officer Trading Standards Officer Salary Scale 11 Assistant Principal Assistant Cultural Organiser Court Recorder in Charge Duty Management Officer Salary Scale 11 Continued Inspector (Printing Press) Leading Assistance and Rescue Officer Main Inspector Officer in Grade 11 Photographer in Charge Principal Security Officer Programmer II (IT) Senior Agricultural Foreman Senior Correctional Officer Senior ECG Technician Senior Fisheries Officer Senior Foreman Senior Marshal Senior Operator (IT) Senior Pharmacy Technician Senior Public Cleansing Foreman Senior Technical Officer Sergeant Salary Scale 12 Agricultural Foreman Agricultural Officer Chief Weigher Consul Customs Officer Environment Inspector Facilitator Foreman Health Inspector Inspector (Health & Safety) Library Officer Midwife Museums Officer Paramedic Probation Officer Public Cleansing Foreman Quantity Surveyor’s Assistant Senior Care Worker Senior Printer Senior Restorer Staff Nurse Technical Officer Trainee Internal Auditor Veterinary Support Officer Salary Scale 13 Assistant Agricultural Foreman Assistant Foreman Assistant Technical Officer Communications Officer Computer Operator (IT) ECG Technician Enrolled Nurse Instructor of Braille Mail Officer Marshal Meteorological Assistant Officer i/c Minor Staff Pharmacy Technician Security Officer Senior Photographer Senior Weigher Salary Scale 14 Assistance and Rescue Officer Assistant Veterinary Support Officer Constable Correctional Officer Executive Officer Fisheries Officer Library Assistant Officer in Grade 14 Restorer Senior Clerk Senior Customs Assistant Senior Postperson Senior Technician Senior Tradesman Social Support Worker Salary Scale 15 Kindergarten Assistant Nursing Aide Paramedic Aide Photographer Senior Court Recorder Senior Messenger Technician Usher PUBLIC ADMINISTRATION Salary Scale 16 Airfield Operator Airport Attendant Airport Office Despatcher Care Worker Chaplain Clerk Communicator Custodian and Guide Customs Assistant Guard Health Assistant Postperson Printer Security Guard Supervisor Tradesman Warden (Environment) Weigher Other Industrial Grades Armourer Art/Graphic Technician Bookbinder Butcher

Ceramist Construction Diver Cook Equipment Cover Manufacturer Farmer Gardener Hallmarker of Gold and Silver Articles Hospital Orderly Jeweller Marbler Meter Reader Postmortem and Mortuary Attendant Repairer of Records Rigger Silversmith Timekeeper Salary Scale 17 Assistant Care worker Court Messenger Court Recorder PUBLIC ADMINISTRATION Salary Scale 17 Continued Industrial Grades Group IV Ambulance Driver Barber/Hairdresser Heavy Plant Driver Laboratory Operator Seamstress Senior Operative Vulcaniser Salary Scale 18 Messenger Ward Clerical Assistant Industrial Grades Group III Boiler Attendant Customs Auxiliary Dairy Operative II Deliveryman Fuel Pump Attendant Grave Digger Library Attendant Lighthouse Keeper Motor Transport Driver Operational Support Worker Operative Porter Runway Painter Quarryman Stamper Salary Scale 19 Industrial Grades Group II General Hand Health Attendant (Public Cleansing) Hospital Auxiliary Seaman II Warden Salary Scale 20 Industrial Grades Group I Charwoman Health Attendant (Public Convenience) Labourer Labourer (ex-Impressed Driver) Watchman PUBLIC ADMINISTRATION FOURTH SCHEDULE AGENCIES Amended by:

L.N. 522 of 2010;

L.N. 479 of 2011;

L.N. 324 of 2012;

L.N. 269 of 2013;

L.N. 50 of 2014;

L.N. 68 of 2014;

L.N. 192 of 2014;

L.N. 414 of 2014;

L.N. 2 of 2015;

L.N. 25 of 2015;

L.N. 153 of 2015;

L.N. 41 of 2016;

L.N. 104 of 2016;

L.N. 171 of 2016;

L.N. 340 of 2016;

L.N. 366 of 2016;

L.N. 107 of 2017;

L.N. 149 of 2017;

L.N. 154 of 2017;

L.N. 243 of 2017;

L.N. 96 of 2018;

L.N. 144 of 2018;

L.N. 153 of 2018;

L.N. 286 of 2018;

L.N. 308 of 2018;

XXVIII.2018.42;

L.N. 401 of 2018;

L.N. 4 of 2019. (Article 36) Agency Aġenzija SAPPORT Agency function 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 Agency for Infrastructure Malta 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 Aġenzija Żgħażagħ To mainstream Youth Policy and to replace the existing Youth Section in providing Youth Services by Government G o v e r n a n c e o f A g r i c u l t u r a l The registration of agricultural bioresources and to Bioresources Agency promote governance, management, and utilisation practices that are tIrkupru echnically and economically feasible and environmentally sound.

Energy and Water Agency To execute the functions and duties of the public administration in matters relating to the design, implementation and dissemination of water, conventional energy and alternative energy policy E u r o p e a n U n i o n P r o g r a m m e s To promote, implement and manage Erasmus+ Programme, and other programmes and initiatives of the Agency European Union PUBLIC ADMINISTRATION Identity Malta Agency Institute for Education Land Registration Agency Legal Aid Agency Local Enforcement System Agency Malta Council for Science and Technology Agency MEUSAC Malta International Contemporary Art Space Agency Malta Individual Investor Programme Agency Malta Marittima 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 law, regulation or bye-law, the 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 s u p p o r t t h e G o v e r n m e n t i n t h e commercialisation of activities relating to science, technology, research and innovation matters To engage stakeholders in the EU processes through consultation, the dissemination of information and assistance on EU funding programmes To be responsible for strengthening and ensuring the achievement of the highest quality in contemporary art to carry out functions and duties of public administration relating to the Individual Investor Programme of the Government of Malta, as established by and under the Maltese Citizenship Act and to cooperate with Identity Malta Agency in all matters including the setup and

implementation of strategies and policies To c a r r y o u t f u n c t i o n s r e l a t e d t o t h e promotion, development and growth of the maritime sector Malta Residence Visa Agency Management Efficiency Unit National Aerospace Centre National Development and Social Fund Agency National Literacy Agency Office of the Attorney General Public Administration - Human Resource Development Unit Resource, Recovery and Recycling Agency Servizzi.gov Agency The Registry of Companies Agency ŻFIN Malta Added by:

II. 2018.3.

Amended by:

L.N. 356 of 2018.

PUBLIC ADMINISTRATION to execute the functions and duties of the public administration in matters relating to issuing of residence visas by investment and other administrative matters related to individuals wishing to stay or settle indefinitely in Malta or Gozo visas To support public sector change initiatives through the provision of consultancy advice To develop, research, enhance the aerospace industry and related policy, including the launching and management of relevant programs and projects 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 support the Attorney General in his role as chief legal adviser to the Government and chief prosecuting officer To achieve the retraining and re-skilling needs of public employees To execute the functions and duties relating to circular economy To carry out functions related to the provision of access to as many as possible of Government services to service users, in partnership with the responsible Departments and Government entities, through the Servizz.gov regional-based hubs, multichannel, one-stop service 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 under regulation 3 of the ŻFIN Malta Regulations, S.L. 444. 04.

FIFTH SCHEDULE (Article 48B) FIRST PART PUBLIC ADMINISTRATION Ambassadors, High Commissioners or principal representatives of Malta to countries where they are appointed as resident Ambassadors, High Commissioners or principal representatives.

SECOND PART The Governor of the Central Bank of Malta The Chairman of the Malta Financial Services Authority The Regulator for Energy and Water Services The Chairperson of the Authority for Transport in Malta The Chairman of the Malta Communications Authority The Chairman of the 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 Chairman of the National Commission for Further and Higher Education The Chairman of the Financial Intelligence Analysis Unit The Chairman of the Malta Digital Innovation Authority The list of offices established above shall be deemed to include any other office in which all the legal functions of the offices above-mentioned shall be vested from time to time both if in the same entity and if in another entity, except for a Government Department, which 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 PUBLIC ADMINISTRATION ................................................... 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".