PUBLIC SERVICE COMMISSION [ S.L.Const.01 1
SUBSIDIARY  LEGISLATION CONST.01
PUBLIC SERVICE COMMISSION REGULATIONS
17th August, 1960
LEGAL NOTICE 32 of 1960, as adapted by the Malta Independence
Order, 1964, and Act LVIII of 1974, and as amended by Legal Notice 121
of 1977.
Title.
Commission Regulations.
Definitions.
requires-
"chairman" means the chairman of the commission and includes
the deputy chairman or any other person appointed to act
temporarily as chairman;
"estimates" means the approved annual estimates of expenditure
for Malta;
"head of department" means any person recognised as such by
the President of Malta;
"member" means any member of the commission including the
chairman, the deputy chairman and a temporary member; 
"secretary" means the secretary to the commission.
Secretary and staff.
commission, and such other staff as he may from time to time think
necessary.
(2) The secretary and other members of the staff of the
commission shall be employed on such terms of service as the
President of Malta shall direct.
Delegation of 
certain powers or 
duties.
4. The commission may by resolution delegate to the
chairman or other member or members any of the powers or duties
of the commission other than the tendering of advice to the
President of Malta in the following matters affecting a public
officer: 
(1) appointment (including promotion); 
(2) termination of appointment;
(3) disciplinary action;
(4) retirement on or after reaching the age of fifty years; 
(5) extension of probationary service.
Meetings and 
minutes.
5. (1) Every meeting of the commission shall be presided
over by the chairman or in his absence by the deputy chairman.
(2) A record shall be kept of the members present and of the
business transacted at every meeting of the commission.
Circulation of 
papers.
6. Decisions may be made by the commission without a
meeting by circulation of the relevant papers among the members
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and the expression of their views in writing, but any member shall
be entitled to require that any such decision shall be deferred until
the subject matter shall be considered at a meeting of the
commission.
Quorum, voting, 
and dissent.
7. (1) The chairman and one member shall be a quorum for a
meeting of the commission and a like number of members shall be
required for a decision of the commission arrived at as the result of
the circulation of papers.
(2) All decisions of the commission, other than decisions the
taking of which has been delegated to the chairman or another
member under the provisions of regulation 4 of these Regulations,
whether arrived at a meeting or by means of the circulation of
papers, shall be by a majority of votes of the members present and
voting or by a majority of members expressing their views on the
circulated papers, as the case may be:
Provided that a chairman shall have a second or casting vote
whenever the voting or expression of views shall be equal.
(3) Any member shall be entitled to dissent from a decision of
the commission and to have his dissent and his reasons therefor set
out in the records of the commission.
Privileged 
documents.
8.  Any report, statement or other communication or record of
any meeting, inquiry or proceedings which the commission may
make in the exercise of its functions or any member may make in
the performance of his duties, shall be privileged in that its
production may not be compelled in any legal proceedings unless
the chairman, acting in his discretion after consultation with the
members, certifies that such production is not against the public
interest.
Members’ 
privilege.
9. Every member of the commission shall have such and the
like protection and privilege in case of any action or suit brought
against him for any act done or omitted to be done in the  bona fide
execution of his duties as is by law given to the acts done or words
spoken by one of the judges in Malta in the exercise of his judicial
office.
Restriction on 
disclosure of 
information.
10. No member of the commission, nor the secretary, nor any
member of the staff of the commission, nor any other person shall
without the written permission of the President of Malta, publish or
disclose to any person otherwise than in the exercise of his official
functions the contents of any document, communication or
information whatsoever which has come to his notice in the course
of his duties. Failure to comply with the provisions of this
regulation will constitute a breach of discipline.
Advice by 
commission.
11. The commission shall, when so requested by or on behalf
of the President of Malta, tender to the President of Malta advice
on-
( a ) the appointment and promotion of public officers
which are required to be made or approved by the
President of Malta; other than to posts which are
excluded from reference to the commission by the
terms of the Constitution of Malta;
PUBLIC SERVICE COMMISSION [ S.L.Const.01 3
( b ) the confirmation in their appointment of public
officers serving on probation and the extension or
termination of such appointments;
( c ) the retirement of public officers on or after reaching
the age of fifty years;
( d ) the appointment of public officers to discharge
temporarily the duties of posts other than those to
which they have been appointed substantively;
( e ) the passing by public officers of efficiency bars.
Criteria to be 
observed.
Amended by:
L.N. 121 of 1977.
12. In making recommendations for the appointment or
promotion of officers in the public service, the commission shall
have regard to the maintenance of the high standard of efficiency
necessary in the public service and shall -
( a ) give due consideration to qualified officers serving in
the public service;
( b ) in the case of officers in the public service, take into
account qualifications, experience and merit before
seniority in the service; and
( c ) when a post is not necessarily to be filled by the
promotion of an officer in the public service, or as a
result of success in an examination or by the grant of a
scholarship, call for applications for the post by
advertisement in Malta:
Provided that -
(i) if the commission is satisfied that no candidates
with the requisite standard and qualifications are
available in Malta, the commission may
advertise elsewhere; and
(ii) if the commission is satisfied that, in the
circumstances, a call for applications is
inappropriate, it may make its recommendations
without such call for applications or other
advertisement.
Advertisements.
issued in accordance with paragraph ( c ) of regulation 12 of these
Regulations. The qualifications specified in such advertisements
shall be those approved by the Prime Minister for and on behalf of
the President of Malta for the vacancy under consideration.
Consultation and 
selection boards.
14. In considering the making of recommendations for the
appointment or promotion of an officer in the public service the
commission may -
( a ) consult with any other person or persons; and
( b ) seek the advice of a selection board constituted by the
commission who may appoint to it members of the
commission and other persons who are not members of
the commission.
Procedure. 
commission may determine the procedure to be followed in dealing
4 [ S.L.Const.01 PUBLIC SERVICE COMMISSION
with applications, including the proceedings of any selection board
appointed by the commission to interview candidates. The
commission may approve the forms to be used in connection with
the discharge of its functions.
Training and 
examinations.
16. In order that it may better make recommendations to the
President of Malta for the appointment and promotion of officers in
the public service, the commission, subject to the instructions of
the President of Malta, may -
( a ) advise the President of Malta on training courses,
awards and the holding of examinations;
( b ) advise the President of Malta on the co-ordination and
on the content of such examinations and training
courses in the various departments of the public
service and in respect of such matters exercise on
behalf of the President of Malta such general
supervision as it may deem advisable.
Appointments and 
promotions.
17. In the appointment and promotion of public officers to
posts in respect of which the power to appoint or promote has not
been delegated by the President of Malta, the following procedure
shall be followed:
Posts of head of department and deputy head of 
department
( a ) As soon as it is known that a vacancy will occur in a
post of head of department or in a designated post of
deputy head of department, the head of department
shall report the matter to the President of Malta
together with any recommendation he may have for
filling the vacancy. If for any reason the head of
department is unable to report the impending vacancy,
the officer acting for him or the next senior officer in
the department shall do so.
( b ) After consideration of the report referred to in
paragraph ( a ) of this regulation the President of Malta
shall refer the matter to the commission for its advice.
 Other salaried posts
( c ) When a vacancy occurs in the establishment of a
department and the head of department recommends
that applications to fill the vacancy should be invited
from serving public officers or from serving public
officers and others, he shall report the vacancy to the
secretary on the approved form in quadruplicate,
attaching thereto a draft advertisement. The head of
department shall at the same time send a further copy
of his recommendation and of the draft advertisement
to the Prime Minister who shall verify the correctness
of the details and that there is no reason why the post
should not be filled.
( d ) If, in the opinion of the head of department, it is
unlikely that a suitably qualified local candidate will
PUBLIC SERVICE COMMISSION [ S.L.Const.01 5
be available to fill the vacancy, he shall include in the
approved form a statement of the arrangements which
exist or are in prospect for the training of local
candidates to fill such a post.
( e ) If the head of department recommends that a vacancy
should be filled by the appointment or promotion of a
public officer serving in that department, he shall
forward his recommendations to the secretary on the
approved form, in quadruplicate, together with a
record of the service of the officer recommended for
the vacancy. If the recommendation would involve the
supersession of any more senior officer in the
department, reasons for the supersession of each such
officer shall be forwarded with the recommendation
for appointment. The head of department shall at the
same time forward a copy of his recommendation, and
of the reasons for the supersession of any officer, to
the Prime Minister who shall verify the correctness of
the details and that there is no reason why the post
should not be filled.
( f ) If the head of department is unable to recommend the
promotion of a public officer to fill a vacancy existing
in that department, he shall report to the secretary the
names of the most senior officers then serving in the
particular cadre or grade from which the promotion
would normally be made, and state the reasons why he
does not consider that the officers named are suitable
for promotion to the post in question. A copy of such a
report shall be sent to the Prime Minister.
( g ) Vacancies in, and pertaining to, the general service
shall be reported to the secretary by the Administrative
Secretary who shall be regarded as the head of
department for the purpose of the procedure prescribed
in this regulation.
( h ) Vacancies in the cadre of personal secretaries and
other staff common to departments and in offices
which do not form part of any department of the
Government shall be reported to the secretary by the
Administrative Secretary who shall be regarded as the
head of department for the purposes of the procedure
prescribed in this regulation.
Vacancies 
dependent on 
examinations, etc.
18. Where vacancies are to be filled -
( a ) according to the results of examinations which are
held in accordance with the provisions of regulation
16; or 
( b ) on the successful completion of a scholarship award
designed to qualify a candidate for an academic or
professional status, 
the procedure set out in regulation 17 of these regulations shall not
apply and the commission shall make such arrangements as may be
6 [ S.L.Const.01 PUBLIC SERVICE COMMISSION
appropriate.
Confirmation in 
and extension or 
determination of 
probationary 
appointments.
19. (1) Where a public officer holds a probationary
appointment, three months before the expiration of the period of
such probationary appointment the head of department shall
consider -
( a ) whether such officer should on such expiration be
confirmed in a pensionable post;
( b ) whether a further period of probationary service is
necessary to determine whether such officer should be
so confirmed; or
( c ) whether such officer should not remain in the public
service.
(2) If after consideration of the matters referred to in sub-
regulation (1) of this regulation, the head of department is of the
opinion that a public officer in a probationary appointment should
be confirmed in a pensionable appointment, the head of
department, not later than three months before the expiration of the
period of probationary appointment, shall forward to the secretary,
in quadruplicate, his recommendations that the officer should be so
confirmed. The head of department shall at the same time forward a
copy of his recommendation to the Prime Minister who shall verify
the correctness of the details. The commission shall advise the
President of Malta whether the officer should be so confirmed.
(3) If, after consideration of the matters referred to in sub-
regulation (1) of this regulation, the head of department is of the
opinion that the work or conduct of a public officer in a
probationary appointment has not been in all respects satisfactory,
he shall so inform the officer in writing and add whether he
proposes to recommend -
( a ) an extension of the officer’s probationary service to
show whether he can overcome the defects noted; or
( b ) that the officer’s probationary appointment should be
terminated.
The head of department shall at the same time inform the officer
that he is entitled to make representations, within a period to be
appointed by the head of department, on the recommendation
proposed. On the expiration of the period allowed to the officer to
make representations, the head of department shall forward, in
quadruplicate, to the secretary a report on the officer, together with
a copy of the letter to the officer and of the latter’s representations,
if any, with a recommendation whether the period of probationary
service should be extended or that the officer should not remain in
the public service. The head of department shall at the same time
send a copy of his report and recommendations to the Prime
Minister. The commission shall advise the President of Malta
whether the probationary appointment should be extended, and if
so for what period, or should be terminated.
(4) Where a public officer holds a probationary appointment
PUBLIC SERVICE COMMISSION [ S.L.Const.01 7
and the head of department at any time during the period of such
probationary appointment is of the opinion that such appointment
should be terminated forthwith, the procedure in sub-regulation (3)
of this regulation shall be followed.
Disciplinary 
regulations. 
20. In considering the advice it shall give to the President of
Malta in regard to the dismissal, disciplinary punishment, or the
termination of appointment other than by way of dismissal of any
officer in the public service, the commission shall act in accordance
with such disciplinary regulations as may from time to time be in
force in Malta in respect of such officer.
Termination of 
appointment other 
than on 
disciplinary 
grounds.
21.   If it appears to a head of department that there is reason
why a public officer in his department, who has attained the age of
fifty years and who holds a pensionable office, should be called
upon to retire from the public service, the head of department shall
report the matter together with a full statement of his reasons to the
Prime Minister. If he considers that a  prima facie  case for such
retirement exists, the Prime Minister shall advise the officer that
his compulsory retirement from the public service is under
consideration and ask if he wishes to make any representations of a
personal nature on such a step. The head of department shall
forward such representations, if any, to the Prime Minister who
shall transmit the report and any representations together with his
own observations to the secretary, and the commission shall advise
the President of Malta whether such officer should be called upon
to retire.
Acting 
appointments.
22. (1) If a head of department recommends that a public
officer who is not a head of department should act as head of
department, he shall forward a draft Gazette notice to the secretary
who shall transmit it to the President of Malta with the advice of
the commission. Concurrently, the head of department shall send a
copy of his recommendation to the Prime Minister.
(2) If any such recommendation involves the supersession of
any more senior officers in the department, detailed reasons for the
supersession of each such officer shall be forwarded with the draft
Gazette notice.
(3) Where a public officer who has been designated as deputy
to a head of department is to act in the latter post, no reference to
the commission shall be made, but the draft Gazette notice shall be
forwarded by the head of department to the Prime Minister.
(4) In considering recommendations for acting appointments,
the commission shall apply the same standards as in regulation 12
of these Regulations, except that consideration may also be given
to the interests of departmental efficiency.
Efficiency bars.
pass an efficiency bar, a recommendation as to his suitability or
otherwise shall be forwarded, in quadruplicate, by the head of
department to the secretary, together with a copy to the Prime
Minister. If the recommendation is in favour of the officer passing
the efficiency bar, a certificate shall be given in the approved form
that the officer is recommended to pass such bar. If the head of
8 [ S.L.Const.01 PUBLIC SERVICE COMMISSION
department considers that the officer cannot be recommended to
pass the bar, he shall so inform the officer, indicating the reasons,
and ask the officer if he has any representations to make within a
specified period. At the expiration of that period the head of
department shall forward to the commission a full statement of the
reasons for recommending that the officer should not be permitted
to pass the efficiency bar, together with the representations made
by the officer, if any, and an indication whether the ineligibility is
temporary and likely to be remedied by the officer or otherwise.
The commission shall advise the President of Malta whether or not
the officer should be held at the efficiency bar, and if so for what
period.
Officers on 
contract or in 
temporary 
employment.
24. If a public officer is serving on a contract or agreement
providing for a minimum residential tour of twenty-four months,
the head of department shall forward to the commission, six months
before the expiration of such contract or agreement, a notification
of the date of the expiration of the contract or agreement and his
recommendation whether it should be renewed or not. A copy of
such notification and recommendation shall be sent to the Prime
Minister. In the case of a public officer serving on a contract or
agreement providing for a residential tour of less than twenty-four
months, the notification and recommendation shall be sent three
months before the officer is due to proceed on leave. The
commission shall advise the President of Malta whether the officer
on agreement or contract should be engaged for a further tour of
service.
Power to order 
attendance before 
commission.
25. The commission may require any person to attend and give
evidence before it concerning any matter which it is required to
consider in the exercise of its functions under these Regulations
and may require the production of any documents or other thing
relating to any such matter by any person attending before it.
Failure to comply 
with request of 
commission.
26. Any public officer who, without reasonable excuse, being
required to attend as a witness or to produce an official document
or other thing in his possession, refuses or neglects to do so or to
answer any question put to him by the commission shall be guilty
of a breach of discipline.
Documents and 
information.
27.   Any public officer who is required to submit any matter for
the consideration of the commission shall ensure that all relevant
documents and papers are made available to the commission, and
the commission may require the production of any further
documents or information relevant to the matter under
consideration.
Submission by 
heads of 
department.
28. The commission, at the request of a head of department,
shall -
( a ) hear him personally in connection with any matter he
has recommended to the commission; and
( b ) forward to the President of Malta any
recommendations that he has made or any
correspondence that he has had with the commission.
Representations to 
commission.
29. In carrying out its duties under the provisions of the
PUBLIC SERVICE COMMISSION [ S.L.Const.01 9
Constitution of Malta and these Regulations, the commission shall
not take into account any representations made to it otherwise than
in accordance with the Constitution of Malta or with these
Regulations:
 Provided that nothing in this regulation shall be deemed to
prohibit the commission taking into account a proper reference or
testimonial of service.
Addressing of 
correspondence.
30. All correspondence for the commission from heads of
departments and others shall be addressed to the secretary.
Matters to be 
submitted in 
quadruplicate.
31. All matters submitted for the consideration of the
commission shall be forwarded in quadruplicate unless otherwise
directed.
Cases not covered 
by the Regulations.
32.  Any case not covered by these Regulations shall be
reported to the secretary and the commission may refer the case to
the President of Malta who may issue instructions as to the
procedure to be adopted and the matter shall be dealt with
accordingly.
Annual report. 
President of Malta.
