📄 Legal text
MALTESE LANGUAGE
[ CAP. 470.
1
CHAPTER 470
MALTESE LANGUAGE ACT
To establish the National Council for the Maltese Language in order to promote the
National Language of Malta and to provide the necessary means to achieve this aim.
14th April, 2005
ACT V of 2004, as amended by Legal Notice 79 of 2011 , Act X of 2013 and Act VI of
2017 and Legal Notice 105 of 2018 and Act LV of 2021.
Arrangement of Act
Part I
Part II
Part III
Part IV
Part V
Preliminary
The Council, its Organs and their Administration
Officers and Employees of the Council
Financial Provisions
Miscellaneous
SCHEDULE A
List of Maltese Language Associations
SCHEDULE B
List of Translation Departments of the European
Union
Articles
1-3
4 - 13
14 - 17
18 - 22
23 - 24
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PART I
PRELIMINARY
Short title.
1.
The short title of this Act is the Maltese Language Act.
Interpretation.
Amended by:
LV.2021.2.
2.
In this Act, unless the context otherwise requires -
"L-Akkademja" means L-Akkademja tal-Malti previously known
as l-Għaqda tal-Kittieba tal-Malti established on the 14th
November 1920;
"Commission" means the technical commission established by
article 7;
"Committee" or "Committees" means the technical committee or
committees appointed under article 8;
"Council" means the National Council of the Maltese Language
established by article 4;
"Executive Director" means the person appointed under article
12;
"financial year" means the period of twelve months closing on
the 31st of December of each year:
Provided that the first financial year of the Council shall
commence with the coming into force of this Act and terminate on
the 31st day of December of the year immediately following;
"linguistic policy" means a body of guide-lines which influence
the linguistic expression of a people;
"the Maltese Language" means the national language as
prescribed by article 5 of the Malta Constitution;
"Minister" means the Minister responsible for the Maltese
language;;
"organs of the Council" includes the Commission and the
Committees;
"orthography" means the orthography of the Maltese Language
as the standard system of writing in everyday use, established and
updated by L-Akkademja tal-Malti and as expounded in the
documents: Tagħrif fuq il-Kitba Maltija published by the Għaqda
tal-Kittieba tal-Malti in 1924; Żieda mat-Tagħrif published by LAkkademja in its review Il-Malti in 1984; and Aġġornament tatTagħrif fuq il-Kitba Maltija published by L-Akkademja in its
review Il-Malti in 1992, and as subject to the provision of article
5(2);
"prescribed" means prescribed by regulations made by the
Minister under the provisions of this Act;
"public officer" has the same meaning as in article 124 of the
Malta Constitution;
Cap. 327.
Principles and
duties.
"University" means the University of Malta mentioned in article
28 of the Education Act.
3.(1) (a) Maltese is the language of Malta and a fundamental
element of the national identity of the Maltese people.
MALTESE LANGUAGE
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(b) The Maltese Language is an essential component of the
national heritage, being constantly developed in the
speech of the Maltese people, distinguishing the
Maltese people from all other nations and giving the
same people their best means of expression.
(c) The Maltese State recognises the Maltese Language as
a strong expression of the nationality of the Maltese,
and for that purpose acknowledges its unique
importance, and protects it from deterioration and
perdition.
(d) The Maltese State shall make provision in such manner
that the study of the Maltese Language in its linguistic,
literary and cultural manifestations shall always be
given primary importance in both state and other
schools from the very first years of education of all
Maltese citizens.
(e) The Maltese State shall promote through all possible
means the widest use of the Maltese Language in
education, broadcasting and the media, at the law
courts, and in political, administrative, economic,
social and cultural life.
(f) The Maltese State shall lead in the creation of all
possible opportunities for the development of the
National Language and to assert its merited dignity.
(g) The Maltese State recognises, within the wider context
of the Maltese diaspora, that the Maltese Language
should remain known by and considered as a binding
element of the Maltese people.
(2) The provisions of this article shall not be enforceable in any
court of law, but the principles therein contained are nevertheless
fundamental to the safeguarding of the Maltese Language and it
shall be the aim of the State to apply them and to comply therewith.
PART II
THE COUNCIL, ITS ORGANS AND THEIR ADMINISTRATION
4. (1) There shall be a body, to be known as the National
Council of the Maltese Language, having the aim of adopting and
promoting a suitable language policy and strategy and to verify
their performance and observance in every sector of Maltese life,
for the benefit and development of the national language and the
identity of the Maltese people.
Establishment of
the National
Council of the
Maltese Language.
Amended by:
VI.2017.2;
LV.2021.3.
(2) The Council shall be made up of fifteen (15) members and
an observer as follows:
Composition of the
Council.
Substituted by:
LV.2021.3.
(a) a Chairman appointed by the Prime Minister and
chosen from among persons who are established and
qualified in the study of Maltese and who are
recommended by L-Akkademja tal-Malti and by the
Department of Maltese at the University of Malta
jointly or separately;
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(b) a representative nominated by L-Akkademja tal-Malti;
(c) a representative nominated by the Department of
Maltese at the University of Malta;
(d) a representative nominated by the Institute of
Linguistics and Language Technology at the
University;
(e) a representative of the Education Division coming
from the National Curriculum Department and
nominated by the Minister;
(f) a representative nominated by the Arts Council Malta;
(g) the Principal Permanent Secretary of the Civil Service
or his representative;
(h) a representative elected in such manner as may be
prescribed by and from among members of the
committees of the Maltese language associations listed
in Schedule A, excluding L-Akkademja tal-Malti;
(i) a representative of the Institute of Maltese Journalists;
(j) a representative of the Broadcasting Authority;
(k) a representative of the Department of Translation,
Terminology and Interpreting Studies at the
University;
(l) a representative of the Maltese publishers nominated
by the publishers in consultation with the National
Book Council;
(m) a representative of the lecturers specialised in the
teaching of Maltese nominated by the Faculty of
Education at the University; and
(n) a representative of the teachers of Maltese within the
Church schools nominated by the Secretariat for
Catholic Education;
(o) a representative of the teachers of Maltese within
independent schools nominated by the independent
schools; and
(p) an observer representative of the departments of
Maltese translators of the European Union, jointly
nominated by the same departments that are listed in
Schedule B..
(3) One of the other members of the Council referred to in subarticle (2) shall be appointed by the Prime Minister as Deputy
Chairman of the Council to preside over the same Council
whenever the Chairman is absent.
Legal personality
and Council
representation.
(4) The Council shall be a body corporate having a distinct
legal personality and capable, subject to the provisions of this Act,
to enter into contracts, purchase and dispose of any kind of
property for the purposes of its functions, to sue and to be sued, and
to enter all operations as may be incidental or conducive to the
exercise or the performance of its functions under this Act,
including the lending of money or requests for credit.
MALTESE LANGUAGE
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(5) The legal representation of the Council shall be vested
jointly in the Chairman and in the Executive Director:
Provided that the Council may appoint any one or more of
its members or officers or employees to act on behalf of the
Council in judicial proceedings and on any act, contract, instrument
or any document whatsoever.
(6) Any document made or issued by the Council and signed by
the Chairman, or issued by the Executive Director and signed by
him, may be produced as evidence and shall, unless otherwise
proven, be deemed to be an instrument made or issued by the
Council or by the Executive Director.
5. (1) It shall be the function and the duty of the Council to
promote the Maltese Language both in Malta and in other countries
by engaging actively to foster recognition and respect for the
principles mentioned in article 3.
(2) The Council shall also update the orthography of the
Maltese Language as necessary and, from time to time, establish
the correct manner of writing words and phrases which enter the
Maltese Language from other tongues.
(3) In the execution of its functions and duties the Council
shall (a) develop, motivate and enhance the recognition and
expression of the Maltese Language;
(b) promote the dynamic development of such linguistic
characteristics as identify the Maltese people;
(c) in consultation with the organs established by this Act,
adopt a suitable linguistic policy backed by a strategic
plan, and ensure that the same are put into practice and
observed in all sectors of Maltese life;
(d) ensure that the language policy decided by the
Commission is put into practice so as to ensure its
effective and faithful implementation;
(e) evaluate and co-ordinate the work done by
associations and individuals, in the Maltese Language
sector and to foster an atmosphere of co-operation
through a consensual plan;
(f) draw the attention of all those who may contribute to
the development of Maltese to work done in execution
of the language policy and, where necessary, to advise
the Minister to commission any necessary assignment;
(g) seek to obtain financial resources locally and overseas
in order to be able to strengthen its activities,
especially such resources as are already accessible to
local and international organisations for research
purposes, the promotion of spoken languages by small
nations, and other projects relating to the exchange of
experts and research programmes;
(h) co-operate with persons, bodies and organisations in
various fields of life in order to increase and augment
Functions of the
Council.
Amended by:
VI.2017.3.
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the recognition and appreciation of linguistic and
cultural activities for the further advancement of the
Maltese Language;
(i) establish a National Centre of the Maltese Language
which, besides serving as the office of the Council,
shall offer the necessary printed and audiovisual
resources to members of Maltese Language
associations, institutions and other interested persons;
(j) ensure full access to available statistical data and
information for the use of the Council and its organs in
the execution of their duties under this Act;
(k) keep continuous contact with the Maltese communities
living abroad and their representatives with the purpose
of keeping the Maltese language alive amongst them.
(4) The Council shall establish and maintain regular and
frequent contacts with local, national and international
organisations which have functions similar to or complementary to
those functions of the Council and establish exchanges of views
and resources with them.
Powers of the
Council.
Substituted by:
VI.2017.4.
6.
(1)
Subject to any power of the Prime Minister and
the Minister, any initiative taken under this Act shall be subject to the
decision of the Council:
Provided that on any linguistic issue of a technicalscientific nature, particularly in the execution of its function under
article 5(2), the Council shall act on the advice of the Commission:
Provided further that in the case of any disagreement
with the Commission on any decision of a technical-scientific
linguistic nature, the Council shall have the right not to accept the
position adopted by the Commission. The Council shall, however, in
such an event provide the Commission with its concerns in writing
within four (4) weeks. The Commission shall be obliged to
reconsider its advice and resubmit it in writing to the Council within
four (4) weeks. In the event that no consensus is reached, the position
of the Commission is discarded.
(2) Decisions of a technical-scientific linguistic nature
referred to in the preceding sub-article shall come into force by virtue
of a notice published by the Council in the Gazette.
Technical
Commission.
Amended by:
VI.2017.5.
7. (1) The Council shall appoint a Technical Commission to
be composed as follows:
(a) a chairman; and
(b) the Heads of the Technical Committees established
under article 8.
(2) The Executive Director shall be the non-voting Secretary of
the Commission.
MALTESE LANGUAGE
(3)
[ CAP. 470.
The Commission shall (a) observe, analyse and evaluate the position of the
Maltese Language in the context of the language
situation in Malta;
(b) draft the linguistic policy and recommend it to the
Council;
(c) encourage maturation in the study of linguistic
planning with suitable courses in higher education, and
also through study grants to promising young people,
visits by overseas planners and the setting up of a
specialised library on the subject;
(d)
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Functions of the
Commission.
be obliged to hold meetings at least once every three (3)
months and shall keep minutes of each of its meetings.
8. (1) The Council shall appoint technical committees in
sectors of specialisation as may be necessary and shall define their
terms of activity.
Technical
committees.
Amended by:
VI.2017.6.
Each Committee shall be a consultative organ for the
discussion of the linguistic policy to be adopted in specialised
s e c t o r s , s u c h a s ( i ) i n f o r m a t i o n t e c h n o l o g y, ( i i ) s p e c i f i c
terminology and translations. Each Committee shall be composed
of:
(a) a Head of Committee who shall be a person learned in
such speciality, to be proposed from among qualified
persons recommended by L-Akkademja tal-Malti and
by the Department of Maltese at the University, with
the choice of the person to be made by the Council;
(b) an expert to be proposed by the Commission on the
advice of the Head of the relevant Committee;
(c) three members or more selected for their contribution
in the particular sector of activities in relation to which
the Committee is set up, to be proposed by the Council
on the advice of the Head of the Committee concerned.
(3) The Committee may co-opt other persons as observer
members with the right to attend and participate in the discussion
but who shall not have a right to vote.
(4)
Every Committee shall (a) observe the situation of the Maltese Language, discuss
all necessary measures for its development, and draft
the linguistic policy for its respective field;
(b) give its opinion to the Commission about issues
connected with the respective field for which it was set
up.
(5) The Technical Committees shall deliver a report of their
work to the Council every six months.
Functions of the
Committee.
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Common
provisions to the
Council and its
organs.
Amended by:
X. 2013.8.
MALTESE LANGUAGE
9. (1) The members of the Council and of its organs shall be
appointed, nominated or elected for three years, sohowever that the
members so appointed, nominated or elected shall be eligible to be
appointed, nominated or elected again when their term of office
expires.
(2) No person shall be qualified to be a member of the Council
or of any of its organs if he is a Judge or Magistrate.
(3) Without prejudice to the provisions of this article, the office
of a member of the Council or of any of its organs shall become
vacant (i) on the expiry of his term of office, or
(ii) if there are circumstances which, had such
person not been a member of the Council, would
have led to his disqualification from being
appointed as such, or
(iii) if he resigns from the Council or from any one of
its organs by addressing a letter to the competent
authority which had appointed him under this
Act, or
(iv) if he consistently shows a lack of interest in the
activities and meetings of the Council or its
organs.
(4) If a member resigns or if the office of a member of the
Council is otherwise vacant or if a member cannot for any reason
perform the functions of his office, the competent authority which
had appointed him under this Act may appoint another person to
substitute him as member on the Council or on such organ where
his office became vacant.
(5) A member of the Council having any direct or indirect
interest in any contract made or proposed to be made by the
Council, which is not an interest that disqualifies such member
from still being a member, shall state the nature of his interest
during the first sitting of the Council after he becomes aware of the
relevant facts. Such statement shall then be registered in the
Council minutes, and the member having an interest as herebefore
mentioned shall withdraw from all sittings during which such
contract is discussed. Such statement shall be relayed to the
Minister without delay. When the interest of the member is such as
to disqualify him from still being a member, he shall report the fact
immediately to the Minister and hand in his resignation.
Provisions relating
to proceedings of
the Council and of
its organs.
Amended by:
VI.2017.7.
10. (1) The Council or its organs shall meet as many times as
may be required following a call by their respective chairman or by
request of any other two of its members.
(2) Half the number plus one of members who at the time
constitute the Council or of its organs shall form a quorum.
(3) The decisions of the Council and its organs shall be made
by simple majority of the votes of members present and voting:
Provided that decisions of a technical-scientific linguistic
nature shall only be taken by the Council by an absolute majority of
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its members, by the Commission by a two-thirds majority of its
members, and by the Committee by a three-quarters majority of its
members respectively.
(4) The chairman of the Council, or of its organs, or in the
absence of the Chairman of the Council the Deputy Chairman, or
whosoever is appointed to act as chairman, shall have an original
vote and in the case of an equality of votes, a casting vote.
(5) Without prejudice to any other requirement of this Act, no
decision of the Council shall be valid unless it is at least supported
by three members of the Council.
(6) The Council or any of its organs may from time to time
invite any person to attend any one or more of its meetings in order
to give expert advice about any matters which the Council may be
discussing:
Provided that such person may only be invited for a limited
number of sittings and only in relation to a particular issue and
shall not have any right to vote.
(7) Subject to the provisions of this Act and of any regulations
which may be made under it, the Council and its organs shall
regulate their own procedures.
(8) Subject to the foregoing provisions in this article, no act or
p r o c e e d i n g o f t h e C o u n c i l o r o f a n y o f i t s o rg a n s s h a l l b e
invalidated solely on account of the existence of any vacancy
among its members.
(9) Any act made by a person who acts bona fide as a member
of the Council or of any of its organs shall be valid as if he were a
valid member notwithstanding that it is subsequently discovered
that there was a defect in his appointment or qualifications.
11. (1) The Minister shall, once every three years or before,
convene a National Forum on the Maltese Language, inviting the
participation of the Council, of its organs, of the University, LAkkademja and all other Maltese Language associations,
Government departments and Government entities, representatives
of local councils, non-governmental organisations, educational,
cultural and artistic institutions, both public and private, as well as
representatives of the audio-visual communications and print
media, and also any other party which shows in writing to the
Minister that it has an interest.
(2) The Forum shall discuss the national policy on the Maltese
Language as in force from time to time, and also the state of the
Maltese Language generally, after hearing a report about the
activities of the Council and its organs prepared by the Executive
Director.
(3) The Minister shall regulate the procedures of the Forum and
appoint its Chairman.
(4) The proceedings of the Forum shall be published and a copy
shall be transmitted to the Minister.
(5)
The Minister shall give previous public notice of at least
National Forum.
Amended by:
VI.2017.8.
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one month before convening the Forum.
Administration of
the Council affairs
and of its organs.
Amended by:
VI.2017.9.
12. (1) Subject to the other provisions of this Act, the
administration of the affairs of the Council and of its activities shall
be the responsibility of the Council itself sohowever that, saving
the foregoing provisions, the executive administration of the
Council and of its organs, their administration and organisation and
the administrative control of their officers and employees, shall be
the responsibility of the Executive Director who shall also have
such other powers which may from time to time be delegated to
him by the Council.
(2) The Executive Director shall be appointed by a selection board
purposely appointed by the Council, having a representative of the
Ministry of Education, after a public call. The appointment shall be for
a period of three years and the said period may be extended for a
period or more periods of three years, subject to the satisfactory
performance of his duties.
(3) The Executive Director shall attend each meeting of the
Council but he shall not have the right to vote:
Provided that the Council may, if it so deems fit, request the
Executive Director not to attend any sitting or part of a meeting.
(4) The Executive Director shall, subject to the general control
and direction of the Council, be responsible for the performance of
the functions of the Council in the exercise of his duties and,
without prejudice to the generality of the foregoing, he shall (a) assume full responsibility for the administration and
organisation and the administrative control of the
officers and employees of the Council and its organs
and, for such purpose, he shall assign to each officer or
employee such duties as may be required;
(b) develop the necessary strategies and ensure that the
strategies and the plans of the Council are implemented;
(c) advise the Council and its organs on any matter which
may be referred to him or about any other matter
which he considers to be necessary or expedient;
(d) be responsible for the drafting of a plan of activity and
for the preparation of the financial estimates, for the
utilisation, receipt and expenditure of funds under the
direction and with the approval of the Council and to
keep a detailed record of every receipt and expenditure
of funds. In the utilisation of funds and the keeping of
records the Executive Director shall observe the
Government financial regulations; and
(e) besides keeping the public informed about the work of
the Council and its decisions, perform other duties that
the Council may assign to him from time to time.
Relations between
the Minister and
the Council.
13. (1) The Minister may, from time to time, give the Council
such directions in writing as he may consider necessary relative to
the policy to be followed by the Council in the execution of its
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functions, insofar as such directives are not inconsistent with the
provisions of this Act, and the Council shall, as soon as possible,
give effect to such directives and conduct its business accordingly.
(2) The Council shall supply the Minister with facilities to
obtain information about the property and the activities of the
Council and of its organs and also provide him with statements,
accounts and all other information in that regard, and provide all
facilities for the verification of any information supplied, in such
manner and within such times as he may require.
PART III
OFFICERS AND EMPLOYEES OF THE COUNCIL
14. Subject to the provisions of the Malta Constitution and of
any other law applicable thereto, and without prejudice to the other
provisions of this Act, the appointment of officers and other
employees for the due and efficient performance of the functions of
the Council shall be made by the Council. The terms and conditions
of employment shall be established by the Council in concurrence
with the Minister within the framework of the terms and conditions
applicable to public service employees.
Staff appointments.
15. (1) The Prime Minister may, at the request of the Council,
from time to time order that a public officer be detailed to perform
duties with the Council or its organs in such capacity and with
effect from such date as may be specified in the order.
Detailing of public
officers for duty
with the Council.
(2) The period during which such order as aforementioned shall
apply to any officer who is specified therein shall, insofar as such
officer does not retire from the public service or otherwise ceases
from remaining in office in a preceding date, or else because a
different date is specified in the order, cease with the occurrence of
any of the following events, namely if:
(a) such officer accepts an offer of transfer to the service
of the Council and permanent employment therewith
in terms of article 17; or
(b) the Prime Minister revokes an order made by him
under this article relating to that officer.
(3) When such order as previously mentioned is revoked by the
Prime Minister with regard to any officer, the Prime Minister may
by further order engage such officer to perform duties with the
Council in such capacity and with effect from such date as may be
specified in the further order, and the provisions of sub-article (2)
shall, upon such occurrence, apply to the period during which such
further order subsists with regard to such officer.
16. (1) When a public officer is detailed to work with the
Council under any provision of article 15, such officer shall, during
such period that the order has effect in his regard, be under the
administrative authority and control of the Council but he shall, for
all other intents and purposes, still be and be considered and treated
as a public officer.
(2)
Without prejudice to the aforementioned generality, an
Status of public
officers detailed to
work with the
Council.
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officer who is detailed as herein previously mentioned (a) shall not, during such period during which he is so
engaged (i) be precluded from applying for a transfer to any
other Government department according to the
terms and conditions of service applicable to his
appointment with Government applicable on the
date when he was so detailed work; or
(ii) be employed in such manner that his
remuneration and conditions of service are less
favourable than those applicable to his
appointment with Government and which he is
enjoying on the aforementioned date or which
would otherwise be applicable to that
appointment, during such period, had that officer
not been so detailed with the Council; and
Cap. 93.
Cap. 58.
(b) shall have the right to have his service with the
Council considered as a service with Government for
the purposes of his pension, gratuity, or benefit under
the Pensions Ordinance and the Widows and Orphans
Pensions Act, and of any other right privilege to which
he would have been detailed, and he shall be
responsible for all that which he may be responsible
for, had he not been detailed with the Council.
(3) When an application is made as provided in sub-article
(2)(a)(i), it shall be given the same consideration as if the applicant
was not detailed for service with the Council.
(4) The Council shall make such contributions to the
Government as may from time to time be established as pension
and gratuity which an officer who is detailed with the Council as
aforementioned may earn during the period in which he is so
detailed.
Offer of permanent
employment with
the Council made
to public officers
detailed with the
Council.
17. (1) The Council may, with the approval of the Prime
Minister, offer to an officer, who is detailed with the Council under
the provisions of article 15, permanent employment with the
Council with such remuneration and under such terms and
conditions being not less favourable than those which such officer
enjoys on the date of such offer.
(2) The terms and the conditions comprised in any offer made
as aforementioned shall not be deemed to be less favourable solely
because they are not identical in all respects with or better than
those which the officer involved would be enjoying on the date of
such offer, if such terms and conditions, taken together, are, in the
opinion of the Prime Minister, benefits which are substantially
equivalent or better.
Cap. 93.
Cap. 58.
(3) Every public officer who accepts permanent employment
offered to him within the Council, under the provisions of subarticle (1), shall for all purposes other than those of the Pensions
Ordinance and the Widows and Orphans Pensions Act, and saving
the provisions of sub-article (6), terminate his service with
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Government and enter service with the Council as from the date on
which he accepts, and for the purposes of that Ordinance and of
that Act, insofar as they are applicable to him, service with the
Council shall be deemed as service with Government within the
parameters of the respective relative meanings.
(4) Any officer as hereinbefore mentioned who, immediately
before accepting a permanent employment with the Council had a
right to a benefit under the Pensions Ordinance or the Widows and
Orphans Pensions Act, shall continue to have such right to a benefit
under such Ordinance and such Act for all purposes as if his service
with the Council was service with the Government.
Cap. 93.
Cap. 58.
(5) The Council shall pay to Government such contributions
which may from time to time be established by the Minister
responsible for finance in respect of the expenditure relating to
pensions and gratuities earned by an officer who has accepted
permanent employment within the Council as herein previously
mentioned during the period commencing on the date of acceptance
of such officer.
(6)
(a) For the purposes of the Pensions Ordinance, the
pensionable emoluments of such public officer who
accepts employment within the Council, on retirement
shall be deemed to be the pensionable emoluments
payable to an officer in Government service in a grade
and at an incremental level which corresponds to the
office held by the officer on retiring from service with
the Council.
Cap. 93.
(b) For the purposes of the previous paragraph, the offices
and salary grades of a public officer who accepts
employment with the Council shall be classified as far
as can be corresponding to the grades and increments
levels in government service by reference to the office,
skill, responsibility and other factors.
(c) The classification mentioned in paragraph (b) shall be
made by a board composed of a chairman appointed by
the Minister responsible for finance and of two other
members, one of whom appointed by the Minister
centrally responsible for staff policy in the public
service and the other appointed by the Council. The
classification shall be made subject to the final
approval of the Minister responsible for finance.
(d) Such classification shall be made within three months
from the adjustment of the salaries of employees in
Government service and, or, of employees of the
Council.
(e) No post may be classified at a grade higher that Grade
3 in Government service or such other higher grade
which the Minister responsible for finance may from
time to time by notice in the Gazette establish.
(7) Without prejudice to article 113 of the Constitution, no
person may, after the classification as aforementioned, be entitled
to rights under the said Pensions Ordinance, which are less
Cap. 93.
13
14
[ CAP. 470.
MALTESE LANGUAGE
favourable than those to which he would have been entitled prior to
such classification.
PART IV
FINANCIAL PROVISIONS
Financial advances
by the
Government.
18. The Minister responsible for finance may, after
consultation with the Minister, give advances to the Council of
such amounts as he may agree to be required by the Council to
perform its duties under this Act, and he can give such advances
under such terms and conditions as he may, after consultation as
aforementioned, consider to be suitable. Any such advances may be
made by the Minister responsible for finance out of the
Consolidated Fund, and without any further appropriation other
than this Act and, by order signed by him authorising the
Accountant General to give such advances.
The Council
budget.
19. (1) The Council shall, not later than the end of May of
each year, present to the Minister, a business plan for the next three
financial years together with estimates of the capital and recurrent
expenditure and income for the next financial year:
Provided that the estimates for the first financial year of the
Council shall be prepared and adopted within such time as the
Minister may specify by notice in writing to the Council.
(2) In preparing its estimates the Council shall consider any
other funds and monies which may be due to it out of the
Consolidated Fund during the relevant financial year, whether by
virtue of this Act or of any appropriation Act, or any other law.
(3) The estimates shall be made in such manner and shall
contain such information and such comparisons with previous years
as the Minister responsible for finance may order.
(4) A copy of the estimates shall be sent forthwith by the
Council, as soon as they are adopted, to the Minister and to the
Minister responsible for finance.
(5) The Estimates of the Council shall not enter into force until
they are approved by the Minister and the Minister responsible for
finance.
Expenditure to be
according to the
approved budget.
20. (1) No expenditure may be made by the Council or its
organs which exceeds the estimates as approved by the Minister as
provided in article 19.
(2) Saving any money generated by the Council itself or which
is received from non-State sources, the Council shall operate within
the limits of the capital and recurrent expenditure allocated to it by
the Minister as authorised by the Minister responsible for finance.
Accounts, auditing
and encashments.
21. (1) The Council shall ensure that proper accounts and
other records are kept relating to its activities and those of its
organs and shall ensure that a statement is prepared relative to the
accounts of each financial year.
(2) The accounts of the Council shall be audited by an auditor
or auditors appointed by the Council and they shall be approved by
MALTESE LANGUAGE
[ CAP. 470.
15
the Minister:
Provided that the Minister responsible for finance may,
after consultation with the Minister, request that the books and
accounts of the Council be audited or examined by the Auditor
General who shall for that purpose have the power to effect such
physical audit and any other verification which he may deem
necessary.
(3) The Council shall, at the request of the Minister or of the
Minister responsible for finance, present reports and accounts
relating to the administration as may be required. The Council shall
ensure that a copy of the duly audited statement of accounts is sent
to the Minister and to the Minister responsible for finance together
with a copy of any report made by the auditors relating to such
statement or to the accounts of the Council.
(4) Cheques issued by, and any withdrawal from any bank
account pertaining to the Council shall be signed by the Executive
Director and shall be countersigned by the Chairman, or by such
member or other officer of the Council as may be authorised by the
Council for such purpose.
22. The Council shall, by not later than the 31st March of each
year transmit to the Minister a copy of its audited statement of
accounts for the immediately preceding financial year, a copy of
the auditor’s or the auditors’, report relating to such statement or to
the accounts of the Council, together with a report dealing in
general with the activities of the Council during that financial year
and which contains such information relating to the proceedings
and policy of the Council. The Minister shall ensure that a copy of
any such report is laid on the Table of the House and is presented to
the Minister responsible for finance and to the Auditor General as
soon as possible.
Annual report.
PART V
MISCELLANEOUS
23. The members of the Council and all officers and employees
of the Council shall be deemed to be public officers for all purposes
of the Criminal Code.
Persons considered
as public officers.
Cap. 9.
24. In order to give better effect to the provisions of this Act
and without prejudice to the generality of the aforementioned, the
Minister may, after consultation with the Council, make regulations
relating to any function of the Council and may by such
regulations -
Power to make
regulations.
Amended by:
LV.2021.4.
(a) amend the Schedules;
(b) regulate administrative and organisational procedures
to be followed by the Council, by its organs and by the
Executive Director;
(c) regulate any matter concerning the officers and
employees of the Council and which is not already
specifically regulated by this Act;
(d) regulate any matter concerning the expenditure and
16
[ CAP. 470.
MALTESE LANGUAGE
income of the Council, its estimates and accounts, and
their audit;
(e) regulate the manner in which elections are held, and
the right of Council members to vote in such elections
as mentioned in article 4(2)(e).
SCHEDULE A
(Articles 4 and 24)
Substituted by:
L.N. 79 of 2011.
VI.2017.10.
Amended by:
LV.2021.5.
LIST OF MALTESE LANGUAGE ASSOCIATIONS
• L-Akkademja tal-Malti constituted in 1924
• L-Għaqda tal-Malti (Università) set up in 1931
• L-Għaqda tal-Poeti Maltin set up in 1975
• L-Għaqda tal-Qarrejja tal-Provi tal-Malti set up in 2010
• Inizjamed set up in 1998
• L-Għaqda tal-Għalliema tal-Malti set up in 1999
SCHEDULE B
(Articles 4 and 24)
Added by:
VI.2017.10;
Substituted by:
L.N.105 of 2018.
Amended by:
LV.2021.6.
LIST OF TRANSLATION DEPARTMENTS OF
THE EUROPEAN UNION
•
The Council
•
The Commission
•
The European Parliament
•
The Courts of Justice
•
The Courts of Auditors
•
The Committee for Economic and Social Affairs
•
The Regional Committee
•
The Centre for Translations
•
The European Central Bank:
The participation of the representative of the Maltese
departments of the translators of the European Union, nominated
MALTESE LANGUAGE
[ CAP. 470.
together by the same departments listed in this Schedule, shall be in
accordance with and so far as permitted by the regulations of the
European Union institutions mentioned in this Schedule.
17
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.