MALTA COUNCIL FOR CULTURE AND THE ARTS g CAP. 444.  1
CHAPTER 444
MALTA COUNCIL FOR CULTURE AND THE ARTS ACT
To provide for the establishment of a Council to be known as the Malta Council for Culture
and the Arts to encourage and promote culture within a wide perspective of socio-economic
activity, and to make provision with respect to matters ancillary thereto or connected
therewith.
15th August, 2002
15th December, 2002
1st January, 2003
ACT V of 2002.
Arrangement of Act
Articles
PART I Preliminary  1-2
PART II Establishment, Functions and Conduct of Affairs of
the Council
3-12
PART III Officers and Employees of the Council 13-17
PART IV Financial Provisions 18-28
PART V Transfer of Certain Assets to the Council 29-31
PART VI Miscellaneous 32-33
SCHEDULES
FIRST SCHEDULE  List of Government Entities
SECOND SCHEDULE List of Assets and Undertakings
2 g CAP. 444. MALTA COUNCIL FOR CULTURE AND THE ARTS
PART I 
PRELIMINARY
Short title. 1. The short title of this Act is the Malta Council for Culture
and the Arts Act.
Interpretation. 2. In this Act, unless the context otherwise requires -
''Council'' means the Malta Council for Culture and the Arts
established by article 3;
''Chairperson'' means the Chairperson of the Council and
includes, in the circumstances mentioned in article 3(3), the Deputy
Chairperson or any other person appointed to act as Chairperson;
''contractor'' means a person acting in pursuance of an agreement
entered into with the Council or in accordance with article 5(2);
''employee'' means a person employed by the Council;
''Executive Director’’ means the person appointed under article
5(1);
''financial year'' means any period of twelve months ending on
the 30th September:
Provided that the first financial year of the Council shall
begin on the coming into force of this Act and shall end on the 30th
September of the next following year;
''Minister'' means the Minister responsible for Culture;
''prescribed'' means prescribed by regulations made by the
Minister under the provisions of this Act;
''public officer'' in relation to article 15, has the same meaning
assigned to it by article 124 of the Constitution.
PART II 
ESTABLISHMENT, FUNCTIONS AND CONDUCT OF 
AFFAIRS OF THE COUNCIL
Establishment and 
composition of the 
Malta Council for 
Culture and the 
Arts.
3. (1) There shall be a body, to be known as the Malta
Council for Culture and the Arts, which shall consist of a
Chairperson and not less than four and not more than eight other
members.  One of the members shall be nominated by the Minister
responsible for Gozo.
(2) The members of the Council shall be appointed by the
Minister for a term of three years, but the members so appointed
shall be eligible for re-appointment on the expiration of their term
of office.
(3)  The Minister may designate one of the other members of
the Council as Deputy Chairperson and the member so designated
MALTA COUNCIL FOR CULTURE AND THE ARTS g CAP. 444.  3
shall have all the powers and perform all the functions of the
Chairperson during his absence or inability to act as Chairperson,
or while the Chairperson is on vacation, or during any vacancy in
the office of Chairperson; and the Minister may also, in any of the
circumstances aforesaid, appoint another person to act as
Chairperson and in such case the foregoing provisions shall apply
in respect of such person.
(4) A person shall not be qualified to hold office as a member
of the Council if he - 
( a ) is a Minister, Parliamentary Secretary or a Member of
the House of Representatives, or
( b ) is a Judge or Magistrate, or
( c ) has a financial or other interest in any enterprise or
activity which is likely to affect the discharge of his
functions as a member of the Council:
Provided that the Minister may waive the
disqualification of a person under this paragraph if
such person declares the interest, and such declaration
and waiver are published in the Gazette.
(5) Subject to the provisions of this article, the office of a
member of the Council shall become vacant - 
( a ) at the expiration of his term of office, or
( b ) if any circumstances arise that, if he were not a
member of the Council, would cause him to be
disqualified for appointment as such.
(6) A member of the Council may be removed from office by
the Minister if, in the opinion of the Minister, such member is unfit
to continue in office or has become incapable of properly
performing his duties as a member.
(7) If a member resigns or if the office of a member of the
Council is otherwise vacant or if a member is for any reason unable
to perform the functions of his office, the Minister may appoint a
person who is qualified to be appointed to be a temporary member
of the Council; and any person so appointed shall, subject to the
provisions of subarticle (5) and (6), cease to be such a member
when a person has been appointed to fill the vacancy or, as the case
may be, when the member who was unable to perform the functions
of his office resumes those functions.
(8) Any member of the Council who has any direct or indirect
interest in any contract made or proposed to be made by the
Council, not being an interest which disqualifies such member from
remaining a member, shall disclose the nature of his interest at the
first meeting of the Council after the relevant facts have come to
his knowledge.  Such disclosure shall then be recorded in the
minutes of the Council, and the member having an interest as
aforesaid shall withdraw from any meetings at which such contract
is discussed. Any such disclosure shall be communicated to the
Minister without delay. Where the interest of the member is such as
to disqualify him from remaining a member, he shall report the fact
immediately to the Minister and tender his resignation.
4 g CAP. 444. MALTA COUNCIL FOR CULTURE AND THE ARTS
Functions of the 
Council.
4. (1) It shall be the duty of the Council to promote Malta's
culture through all forms of creative expression and to increase the
accessibility of the public to the arts, and enhance Malta's cultural
heritage locally and abroad.
(2) In the performance of its duties, the Council shall -
( a ) develop, motivate and improve the understanding and
expression of, and accessibility to culture and the arts;
( b ) safeguard the dynamic development of those cultural
features, including intellectual, linguistic and
folkloristic features, which identify the Maltese
people;
( c ) collaborate with Local Councils, non-governmental
organizations and other persons for the promotion of
artistic and cultural initiatives in an environment
which recognizes the value of creativity as central to a
mature and healthy community;
( d ) encourage the exploration, development and
expression of personal artistic potential;
( e ) promote participation, inclusiveness, equality and the
freedom of artistic expression, pluralism and identity
in culture;
( f ) adopt an integrated and co-operative approach with
persons, bodies and organizations in the culture market
to increase and intensify awareness and appreciation
of cultural and artistic activities;
( g ) promote and ensure the development of educational
schemes encouraging active participation in cultural
and artistic programmes and activities;
( h ) advise the Minister on cultural policies and strategies
that reach out to the whole socio-cultural sphere;
( i ) devise and implement strategies which secure the
identity of Maltese culture both locally and abroad;
( j ) administer schemes and undertake such other
responsibilities in relation to such artistic and cultural
entities as stipulated in the Act or as the Minister may
from time to time prescribe;
( k ) otherwise to advise the Minister on any matter
connected with its functions under this or any other
Act.
(3) The Council shall also:
( a ) monitor, keep under review and evaluate all standards,
operations and activities relating to any cultural and
artistic matter;
( b ) carry out studies, research or investigation relating to
any cultural and artistic matter;
( c ) provide information and issue guidelines, to the public
and to cultural entities, relating to any cultural and
artistic matter;
MALTA COUNCIL FOR CULTURE AND THE ARTS g CAP. 444.  5
( d ) do all such things as may be necessary for the proper
discharge of its functions under this Act,  including the
setting up of other entities and committees as needs be
with the approval of the Minister;
( e ) perform such other functions as may from time to time
be assigned to it by the Minister.
Conduct of the 
affairs of the 
Council.
5. (1) Subject to the other provisions of this Act, the direction
of the affairs and business of the Council shall be the responsibility
of the Council itself but, save as aforesaid, the executive conduct of
the Council, its administration and organization and the
administrative control of its officers and employees, shall be the
responsibility of an Executive Director who shall also have such
other powers as may from time to time be delegated to him by the
Council.
(2) Subject to the provisions of subarticle (1) the Council may
exercise its functions through any of its officers or employees or
through an entity or agency authorized for the purpose, or through a
contractor or other person with whom an agreement for the
performance of any one or more of such functions has been entered
into.
(3) The Executive Director  shall attend all the meetings of the
Council but shall not vote at such meetings:
Provided that the Council may, if it deems so fit, require the
Executive Director not to attend any of the meetings or any part of
a meeting.
(4) The Executive Director shall, subject to the general control
and direction by the Council, be responsible for the implementation
of the objectives of the Council in the exercise of its functions and
without prejudice to the generality of the foregoing he shall -
( a ) assume full responsibility for the administration and
organization and the administrative control of the
officers and employees of the Council and for such
purpose, assign to each officer or employee such
duties as may be required;
( b ) develop the necessary strategies for the
implementation of the objectives of the Council;
( c ) advise the Council on any matter it may refer to him or
on any matter which he considers necessary or
expedient; 
( d ) perform such other duties as the Council may assign to
him from time to time.
Calendar of events.
publish, sustain and implement a Calendar of Events that ensures a
continuous programme of cultural and artistic events organized by
the Council itself or by bodies, entities or other persons funded or
subsidized in terms of article 7.
(2) The Council shall also include in the Calendar of Events
those cultural and artistic programmes, initiatives and events
6 g CAP. 444. MALTA COUNCIL FOR CULTURE AND THE ARTS
produced by entities, organizations or other persons apart from
those referred to in subarticle (1), and which in the opinion of the
Council deserve to be so included for their better promotion.
Schemes for the 
allocation of funds 
or subsidies to 
cultural and artistic 
entities.
7. To further its objectives, the Council shall -
( a ) advance such funds as may be allocated by
Government for the management, administration and
operational requirements of the entities listed in the
First Schedule;
( b ) allocate funds donated or entrusted to the Council by
any person for a specific purpose or for the promotion
of culture and the arts in general, and according to
such terms and conditions, if any, as stipulated by the
said person;
Provided that where no terms or conditions are
attached to the allocation of funds, the provisions of
paragraph ( c ) shall apply;
( c ) administer schemes prescribed by the Minister for the
purpose of funding or subsidising the organization of
cultural and artistic programmes, initiatives and events
produced by anybody, entity or person so qualified
under the provisions of appropriate regulations made
under this Act. 
Setting up of 
bodies corporate to 
administer, etc., 
cultural assets.
8. (1) The Minister may by order establish bodies corporate
having a distinct legal personality to administer and manage any or
all of the assets or undertakings listed in the Second Schedule.
(2) The Minister shall in such order establish the composition
and powers of the governing bodies of such bodies corporate and
shall establish rules relating to the accountability, financial control
and audit of such bodies as well as rules relating to any other matter
ancillary thereto which the Minister may in his opinion deem
necessary for the good governance and the proper functioning of
such bodies.
(3) The Minister may from time to time by regulations under
this article amend or substitute the rules referred to in subarticle
(2).
(4) The Minister may by similar order remove any asset or
undertaking from the administration or management of any body
corporate established under this article and may also by any such
order transfer any such administration or management from one
body corporate so established to another such body corporate, but
may not by any such order dissolve any body corporate established
under this article.
(5) The Minister may by notice in the Gazette add to the list of
assets and undertakings listed in the Second Schedule.
(6) Every order as is referred to in this article shall be
published in the Gazette as soon as possible.
MALTA COUNCIL FOR CULTURE AND THE ARTS g CAP. 444.  7
Relations between 
the Minister and 
the Council.
  9. (1) The Minister may from time to time, give to the
Council such directives in writing as he may deem appropriate,
being directives not inconsistent with the provisions of this Act,
and the Council shall, as soon as may be, give effect to all such
directives and shall conduct its affairs accordingly.
(2) The Council shall afford to the Minister facilities for
obtaining information with respect to its property and activities and
furnish him with returns, accounts and other information with
respect thereto, and afford to him facilities for the verification of
information furnished, in such manner and at such times as he may
reasonably require.
(3) If the Council fails to comply with any direction issued
under this article, the Prime Minister may make an order
transferring to the Minister in whole or in part any of the functions
of the Council.
Legal personality 
and representation 
of the Council.
10. (1) The Council shall be a body corporate having a
distinct legal personality and shall be capable, subject to the
provisions of this Act, of entering into contracts, of acquiring,
holding and disposing of any kind of property for the purposes of
its functions, of suing and being sued, and of doing all such things
and entering into all such transactions as are incidental or
conducive to the exercise or performance of its functions under this
Act, including the lending or borrowing of money.
(2) The legal representation of the Council shall jointly vest in
the Chairperson and the Executive Director:
Provided that the Council may appoint any one or more of
its members or officers or employees to appear in the name and on
behalf of the Council in any judicial proceedings and in any act,
contract, instrument or other document whatsoever.
(3) Any document purporting to be an instrument made or
issued by the Council and signed by the Chairperson or issued by
and signed by the Executive Director shall be received in evidence
and shall, until the contrary is proved, be deemed to be an
instrument made or issued by the Council or the Executive
Director.
Provisions with 
respect to 
proceedings of the 
Council.
11. (1) The meetings of the Council shall be called by the
Chairperson as often as may be necessary but at least once every
two months either on his own initiative or at the request of any two
of the other members.
(2) Half the number of the members for the time being
constituting the Council shall form a quorum.  Decisions shall be
adopted by a simple majority of the votes of the members present
and voting. The Chairperson, or in his absence the Deputy
Chairperson or other person appointed to act as Chairperson, shall
have an initial vote and in the event of an equality of votes, a
casting vote. Without prejudice to the other requirements of this
Act, no decision shall be valid which is not supported by at least
three members of the Council.
(3) The Council may from time to time invite any person to
8 g CAP. 444. MALTA COUNCIL FOR CULTURE AND THE ARTS
attend one or more of its meetings to provide expert advice on any
item that it may be discussing:
Provided that such person is invited for a limited number of
meetings only and in connection with a specific subject and
provided also that he shall not vote at such meetings.
(4) Subject to the provisions of this Act the Council may
regulate its own procedure.
(5) Subject to the foregoing provisions of this article, no act or
proceeding of the Council shall be invalidated merely by reason of
the existence of any vacancy among the members.
(6) ll acts done by any person acting in good faith as a member
of the Council shall be valid as if he were a member
notwithstanding that some defect in his appointment or
qualifications be afterwards discovered. No act or proceeding of
the Council shall be questioned on the ground of the contravention,
by a member, of the provisions of article 3(8).
National forum. 12. (1) The Minister shall, once every two years, convene a
National Forum for the Culture and the Arts inviting the
participation therein of the Council and its officers, Government
departments and entities, representatives of Local Councils, non-
governmental and voluntary organisations, educational, cultural
and artistic institutions whether public or private, as well as
representatives of the tourist, commercial and the audio-visual
communications media sectors, and any other parties registering
their interest in writing with the Minister.
(2) The Forum shall discuss the national cultural and arts
policy in force from time to time, and the state of culture and the
arts in general after hearing a report thereon prepared by the
Executive Director.
(3) The Minister shall regulate the proceedings of the Forum
and appoint its Chairperson.
(4) The proceedings of the Forum shall be published and
transmitted to the Minister.
(5) The Minister shall give advance public notice at least a
month before the meeting of the forum.
PART III
OFFICERS AND EMPLOYEES OF THE COUNCIL
Staff 
appointments.
13. (1) Subject to the provisions of the Constitution and of
any other enactment applicable thereto, and without prejudice to
the other provisions of this Act, the appointment of officers and
other employees of the Council shall be made by the Council. The
terms and conditions of employment shall be established by the
Council with the concurrence of the Minister.
(2) The Executive Director shall be appointed by the Council
with the concurrence of the Minister for a period of three years and
such period may be extended for further periods of three years
subject to satisfactory performance:
MALTA COUNCIL FOR CULTURE AND THE ARTS g CAP. 444.  9
Provided that the first Executive Director shall be
appointed by the Minister for a period of four years.
Appointments 
commensurate 
with the functions 
of the Council.
  14. The Council shall appoint and employ, at such
remuneration and upon such terms and conditions as it may in
accordance with article 13 determine, such officers and employees
of the Council as may from time to time be necessary for the due
and efficient discharge of the functions of the Council.
Detailing of public 
officers for duty 
with the Council.
15. (1) The Prime Minister may, at the request of the Council,
from time to time direct that any public officer shall be detailed for
duty with the Council in such capacity and with effect from such
date as may be specified in the direction.
(2) The period during which a direction as aforesaid shall apply
to any officer specified therein, shall, unless the officer retires from
the public service, or otherwise ceases to hold office at an earlier
date, or a different date is specified in the direction, end on the
happening of any of the following events, that is to say:
( a ) the acceptance by such officer of an offer of transfer to
the service of, and permanent employment with the
Council made in pursuance of article 16; or
( b ) the revocation by the Prime Minister of any direction
made by him under this article in relation to such
officer.
(3) Where a direction as aforesaid is revoked by the Prime
Minister in relation to any officer, the Prime Minister may, by
further direction, detail such officer for duty with the Council in
such capacity and with effect from such date as may be specified in
the further direction and the provisions of subarticle (2) shall
thereupon apply to the period of duration of such further direction
in relation to such officer.
Status of public 
officers detailed 
for duty with the 
Council.
16. (1) Where a public officer is detailed for duty with the
Council under any of the provisions of article 15, such officer shall,
during the time in which such direction has effect in relation to
him, be under the administrative authority and control of the
Council but he shall for other intents and purposes remain and be
considered and treated as a public officer.
(2) Without prejudice to the generality of the foregoing, an
officer detailed for duty as aforesaid -
( a ) shall not during the time in respect of which he is so
detailed -
(i) be precluded from applying for a transfer to a
department of the Government in accordance
with the terms and conditions of service attached
to the appointment under the Government held
by him at the date on which he is so detailed for
duty; or
(ii) be so employed that his remuneration and
conditions of service are less favourable than
those which are attached to the appointment
under the Government held by him at the date
10 g CAP. 444. MALTA COUNCIL FOR CULTURE AND THE ARTS
aforesaid or which would have become attached
to such appointment, during the said period, had
such officer not been detailed for duty with the
Council; and
Cap. 93.
Cap. 58.
( b ) shall be entitled to have his service with the Council
considered as service with the Government for the
purposes of any pension, gratuity, or benefit under the
Pensions Ordinance and the Widows' and Orphans'
Pensions Act and of any other right or privilege to
which he would be entitled, and liable to any liability
to which he would be liable, but for the fact of his
being detailed for duty with the Council.
(3) Where an application is made as provided in subarticle
(2)( a )(i) the same consideration shall be given thereto as if the
applicant had not been detailed for service with the Council.
(4) The Council shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer detailed for duty with the
Council as aforesaid during the period in which he is so detailed.
Offer of permanent 
employment with 
the Council to 
public officers 
detailed for duty 
with the Council.
17. (1) The Council may, with the approval of the Prime
Minister, offer to any officer detailed for duty with the Council
under the provisions of article 15 permanent employment with the
Council at a remuneration and on terms and conditions not less
favourable than those enjoyed by such officer at the date of such
offer.
(2) The terms and conditions comprized in any offer made as
aforesaid shall not be deemed to be less favourable merely because
they are not in all respects identical with or superior to those
enjoyed by the officer concerned at the date of such offer, if such
terms and conditions, taken as a whole, in the opinion of the Prime
Minister offer substantially equivalent or greater benefits.
Cap. 93.
Cap. 58.
(3) Every public officer who accepts permanent employment
with the Council offered to him, 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 subarticle (6), cease to be in service with
Government and shall enter into service with the Council on the
date of his acceptance, and for the purposes of the said Ordinance
and of the said Act, so far as applicable to him, service with the
Council shall be deemed to be service with the Government within
the meanings thereof respectively.
(4) Every such officer as aforesaid who, immediately before
accepting permanent employment with the Council was entitled to
benefit under the Widows’and Orphans’ Pensions Act, shall
continue to be so entitled to benefit thereunder to all intents as if
his service with the Council were service with the Government.
(5) The Council shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
MALTA COUNCIL FOR CULTURE AND THE ARTS g CAP. 444.  11
and gratuities earned by an officer who has accepted permanent
employment with the Council as aforesaid during the period
commencing on the date of such officer’s acceptance.
(6) ( a ) For the purposes of  the Pensions Ordinance the
pensionable emoluments of such public officer 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
corresponding to the post and incremental level at
which the officer retires from the Council.
( b ) The classification referred to in paragraph ( a ) shall be
carried out by a board composed of a Chairperson
appointed by the Minister responsible for finance and
two other members, one appointed by the Minister
responsible centrally for personnel policies in the
public service and one appointed by the Council. The
classification shall be subject to the final approval of
the Minister responsible for finance.
( c ) Such classification shall take place within three
months of any adjustment of salaries of employees in
Government service and, or, of employees of the
Council.
( d ) No post shall be classified in a grade higher than that
of a Grade 3 in the service of the Government or such
other grade that the Minister responsible for finance
may from time to time by notice in the Gazette
determine.
( e ) Without prejudice to article 113 of the Constitution, no
person may, following a classification as aforesaid, be
entitled to rights under the said Pensions Ordinance
less favourable than those to which he would have
been entitled prior to such classification.
PART IV
FINANCIAL PROVISIONS
Council to meet 
expenditure out of 
revenue.
18. (1) Without prejudice to the following provisions of this
article, the Council shall so conduct its affairs that the expenditure
required for the proper performance of its functions shall, as far as
practicable, be met out of its revenue.
(2) For such purpose the Council shall levy all fees, rates and
other payments prescribed by or under this Act.
(3) Any excess of revenue over expenditure shall, subject to
such directives as the Minister, after consultation with the Minister
responsible for finance, may from time to time give, be applied by
the Council to the formation of reserve funds to be used for the
purposes of the Council; and without prejudice to the generality of
the powers given to the Minister by this subarticle, any direction
given by the Minister as aforesaid may order the transfer to the
Government, or the application in such manner as may be specified
12 g CAP. 444. MALTA COUNCIL FOR CULTURE AND THE ARTS
in the direction, of any part of the fees, rates and other payments
levied in accordance with subarticle (2) or any such excess as
aforesaid.
(4) Any funds of the Council not immediately required to meet
expenditure may be invested in such manner as may from time to
time be approved by the Minister.
Advances from 
Government.
19. The Minister responsible for finance may, after
consultation with the Minister, make advances to the Council of
such sums as he may agree to be required by the Council for
carrying out any of its functions under this Act, and may make such
advances on such terms and conditions as he may, after
consultation as aforesaid, deem appropriate. Any such advance may
be made by the Minister responsible for finance out of the
Consolidated Fund, and without further appropriation other than
this Act, by warrant under his hand authorising the Accountant
General to make such advance.
Allocation of funds 
to cultural and 
artistic entities.
20. (1) The Council shall also receive from Government out
of the Consolidated Fund such sums as may be required for the
allocation of funds in terms of article 7.
(2) Without prejudice to any other provision of this Act, the
Minister may give to the Council directives as to the application of
those sums as referred to in subarticle (1).
Power to borrow or 
raise capital.
21. (1) For the purpose of carrying out any of its functions
under this Act, the Council may, with the approval in writing of the
Minister given after consultation with the Minister responsible for
finance, borrow or raise money in such manner, from such person,
body or authority, and under such terms and conditions as the
Minister, after consultation as aforesaid, may in writing approve.
(2) The Council may also, from time to time, borrow, by way
of overdraft or otherwise, such sums as it may require for carrying
out its functions under this Act:
Provided that for any amount in excess of fifty thousand
liri, there shall be required the approval of the Minister in writing.
Borrowing from 
Government.
22. (1) The Minister responsible for finance may, for any
requirements of the Council of a capital nature, contract or raise
loans, or incur liabilities, for such periods and on such terms and
conditions as he may deem appropriate; and any sums due in
respect of or in connection with any such loan or liability shall be a
charge on the Consolidated Fund.
(2) Notice of any loans, liabilities or advances made or
incurred under the foregoing provisions of this article shall be
given to the House of Representatives as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in
subarticle (1), or for the purpose of providing the Council with
working capital, the Minister responsible for finance may, by
warrant under his hand, and without further appropriation other
than this Act, authorize the Accountant General to make advances
to the Council out of the Treasury Clearance Fund under such terms
MALTA COUNCIL FOR CULTURE AND THE ARTS g CAP. 444.  13
as may be specified by the Minister upon the making thereof.
(4) The proceeds of any loan raized for the purposes of making
advances to the Council, and any other moneys to be advanced to
the Council under this article, shall be paid into a fund specially
established for the purpose and which shall be known as the
''National Council for Culture and the Arts Loan Fund''.
(5) Sums received by the Accountant General from the Council
in respect of advances made to the Council under subarticle (3) of
this article shall be paid, as respects of amounts received by way of
repayment into the Treasury Clearance Fund, and as respects of
amounts received by way of interest into the Consolidated Fund.
Estimates of the 
Council.
23. (1) The Council shall, by the end of May of each year,
submit to the Minister, a business plan for the following three
financial years together with an estimated capital and recurrent
expenditure and income for the following 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 by notice in writing to the Council specify.
(2) In the preparation of such estimates the Council shall take
account of any funds and other monies that may be due to be paid
to it out of the Consolidated Fund during the relevant financial
year, whether by virtue of this Act or an appropriation Act or of any
other law; and the Council shall so prepare the said estimates as to
ensure that the total revenues of the Council are at least sufficient
to meet all sums properly chargeable to its revenue account
including, but without prejudice to the generality of that
expression, depreciation.
(3) The estimates shall be made out in such form and shall
contain such information and such comparisons with previous years
as the Minister responsible for finance may direct.
(4) A copy of the estimates shall, upon their adoption by the
Council, be sent forthwith by the Council to the Minister and to the
Minister responsible for finance.
(5) The Minister shall at the earliest opportunity and not later
than six weeks after he has received a copy of the estimates from
the Council approve the same with or without amendment, after
consultation with the Minister responsible for finance.
Expenditure to be 
according to 
approved 
estimates.
24. (1) No expenditure shall be made or incurred by the
Council unless it has been approved by the Minister as provided in
article 22.
(2) Except for funds generated by the Council itself or received
from non-State sources, the Council shall remain within the
parameters of capital and recurrent expenditure allocated to it by
the Minister as authorised by the Minister responsible for finance.
(3) Notwithstanding the provisions of subarticles (1) and (2) -
( a ) until the expiration of six months from the beginning
of a financial year, or until the approval of the
estimates for that year by the Minister, whichever is
14 g CAP. 444. MALTA COUNCIL FOR CULTURE AND THE ARTS
the earlier date, the Council may make or incur
expenditure for carrying on its functions under this Act
not exceeding in the aggregate one-half of the amount
approved by the Minister for the preceding financial
year;
( b ) expenditure approved in respect of a head or sub-head
of the estimates may, with the approval of the Minister
given after consultation with the Minister responsible
for finance, be made or incurred in respect of another
head or sub-head of the estimates;
( c ) in respect of the first financial year, the Council may
make or incur expenditure not exceeding in the
aggregate such amounts as the Minister responsible for
finance may, after consultation with the Minister,
allow;
( d ) if in respect of any financial year it is found that the
amount approved by the Minister is not sufficient or a
need has arisen for expenditure for a purpose not
provided for in the estimates, the Council may adopt
supplementary estimates for approval by the Minister,
and in any such case the provisions of this Act
applicable to the estimates shall as near as practicable
apply to the supplementary estimates.
Publication of 
approved 
estimates.
25. All estimates and supplementary estimates of the Council
approved by the Minister shall, as soon as practicable, be laid on
the Table of the House.
Accounts and 
audit.
26. (1) The Council shall ensure the proper keeping of
accounts and other records concerning its operations and
transactions, and shall ensure that a relative statement of accounts
is prepared on a quarterly basis and another in respect of each
financial year.
(2) The accounts of the Council shall be audited by an auditor
or auditors to be appointed by the Council and approved by the
Minister:
Provided that the Minister responsible for finance may,
after consultation with the Minister, require the books and accounts
of the Council to be audited or examined by the Auditor General
who shall for such purpose have power to carry out such physical
checking and any other certifications as he may deem necessary.
(3) The Council shall, on request of the Minister or the
Minister responsible for finance, submit management reports and
accounts as directed. The Council shall cause a copy of the
statement of accounts duly audited to be transmitted to the Minister
and to the Minister responsible for finance together with a copy of
any report made by the auditors on that statement or on the
accounts of the Council.
Contracts of supply 
or works.
27. (1) The Council shall not, except with the approval of the
Minister granted for special reasons and after consultation with the
Minister responsible for finance, award or enter into any contract
for the supply of goods or materials or for the execution of works,
MALTA COUNCIL FOR CULTURE AND THE ARTS g CAP. 444.  15
or for the rendering of services, to or for the benefit of the Council,
which is estimated by the Council to exceed three thousand liri in
value, or such other amount as the Minister responsible for finance
may by regulations prescribe, except after notice of the intention of
the Council to enter into the contract has been published and
competitive tenders have been issued.
S.L.174.02
(2) The Council shall follow procurement procedures as
regulated by the Public Service (Procurement) Regulations, or any
amendment thereto.
Annual reports.
each financial year, send to the Minister a copy of its audited
statements of accounts, a copy of the report made by the auditor or
auditors about that statements or on the accounts of the Council,
together with a  report dealing generally with the activities of the
Council during that financial year and containing such information
relating to the proceedings and policy of the Council. The Minister
shall cause a copy of every such report to be laid on the Table of
the House and to be presented to the Minister responsible for
finance and to the Auditor General as soon as practicable.
PART V
TRANSFER OF CERTAIN ASSETS TO THE COUNCIL
Transfer of assets 
to the Council.
29. (1) The property and undertakings owned by the
Government and used by it immediately before the date of the
coming into force of this Part of this Act, and used by it for the
operation of any of the functions which by this Act are being
transferred to or vested in the Council, shall, on the date aforesaid,
by virtue of this Act and without further assurance, be transferred
to and vested in the Council or in the body corporate or entity so
designated by the Minister by which they were held by the
Government immediately before the said date.  The provisions of
this subarticle shall not apply to immovable property.
(2) The use and administration of the immovable assets  from
time to time specified in the Order made by the Minister
responsible for lands in consultation with the Minister and
published in the Gazette  (hereinafter referred to as ''the immovable
assets'') being immovable assets which immediately before the
coming into force of this Part of this Act were owned by the
Government and used by it for the operation of any of the functions
which by this Act are being transferred to or vested in the Council,
shall, with effect from such day as may be specified in any such
Order and by the virtue of this Act and without any further
assurance, be vested in the Council or in the body corporate or
entity so designated in the said Order made by the said Minister.
(3) The transfer and vesting aforesaid shall extend to the whole
of such property and undertakings and, without prejudice to the
generality aforesaid, shall include all plant, equipment, apparata,
instruments, vehicles, craft, buildings, structures, installations,
land, roads, works, stocks and other property, movable or
immovable, assets, powers, rights and privileges and all things
16 g CAP. 444. MALTA COUNCIL FOR CULTURE AND THE ARTS
necessary or ancillary thereto which are held or enjoyed in
connection therewith or appertaining thereto, as well as all
obligations affecting or relating to any of the aforesaid property or
undertakings or other thing included therein as aforesaid.
(4) Any transfer of property, whether moveable or immovable,
shall be subject to all those terms and conditions that the Minister
may deem necessary to ensure that such property is exclusively
used for cultural and artistic purposes or purposes ancillary thereto.
Construction of 
laws, etc.
30. Subject to the provisions of this Act, all laws, rules,
regulations, orders, judgements, decrees, awards, deeds, bonds,
contracts, agreements, instruments, documents, warrants and other
arrangements, subsisting immediately before the date of the coming
into force of this Part of this Act affecting or relating to any of the
properties or undertakings transferred to the Council by or under
this Act shall have full force and effect against or in favour of the
Council, and shall be enforceable freely and effectually, as if
instead of the Government or governmental authority the Council
had been named therein or had been a party thereto, and otherwise
in substitution of the Government or governmental authority.
Transitory 
provisions.
31. (1) When anything has been commenced by or under the
authority of the Government prior to the date of the coming into
force of this Part of this Act and such thing relates to any of the
properties or undertakings or any right or liability transferred to the
Council by or under this Act, such thing may be carried on and
completed by or as authorised by the Council.
(2) Where immediately before the coming into force of this
Part of this Act, any legal proceedings are pending to which the
Government is or is entitled to be a party, and such proceedings are
related to any of the properties or undertakings, or any right or
liability transferred by or under this Act, the Council shall, as from
the date aforesaid, be substituted in such proceedings for the
Government, or shall be made a part thereto in like manner as the
Government could have become, and such proceedings shall not
abate by reason of the substitution.
(3) The Minister may by order make such incidental,
consequential and supplemental provisions as he may deem
necessary or expedient for the purpose of determining, as
appropriate, the assets transferred to the Council by this Act and
securing and giving full effect to the transfer of any property or
undertaking or any right or liability to the Council by this Act and
make such orders as may be necessary to make any powers and
duties exercisable by the Government in relation to any of the
transferred property or undertakings exercisable by or on behalf of
the Council.
PART VI
MISCELLANEOUS
Persons deemed 
public officers.
Cap. 9.
32. The members of the Council, the members and all officers
and employees of the Council shall be deemed to be public officers
within the meaning of the Criminal Code.
MALTA COUNCIL FOR CULTURE AND THE ARTS g CAP. 444.  17
Power to make 
regulations.
33. (1) Subject to the provisions of subarticle (2) the Minister
may, after consultation with the Council, make regulations in
respect of any of the functions of the Council and for any matter
prescribed under this Act.
(2) The Minister may also by regulation amend the Schedules
to this Act.
(3) Without prejudice to the provisions of subarticles (1) and
(2), the Minister may also make regulations in respect of:
( a ) administrative and organizational procedures to be
followed by the Council and the Executive Director
and by any entity named in any one of the Schemes at
the end of this Act;
( b ) schemes for the purpose of funding or subsidising
cultural and artistic programmes, initiatives and
events;
( c ) any matter related to officers and employees of the
Council;
( d ) any matter related to the expenditure and income of
the Council, its estimates and accounts, and their
verification.
FIRST SCHEDULE
(Article 7)
List of Government Entities
1. Fondazzjoni Partrimonju Malti
2. Malta Society of Arts, Manufactures and Commerce
3. Manoel Theatre (Management Committee)
4. Mediterranean Conference Centre
5. National Orchestra
6. Centre for Creativity at St. James Cavalier 
SECOND SCHEDULE
(Article 8)
List of Assets and Undertakings
1. Manoel Theatre (Management Committee)
2. Mediterranean Conference Centre
