    LOCAL COUNCILS   ġ CAP. 363.   1
CHAPTER 363
LOCAL COUNCILS ACT
To make provision for the setting up of Local Councils.
23rd July, 1993
1st January, 1994
1st April, 1995
1st April, 1996
ACT XV of 1993, as amended by Legal Notice 53 of 1995, Act XII of 1995; Legal Notices
170 of 1995, 28 and 97 of 1996; Acts: VIII, XIII and XV of 1996; Legal Notice 205 of 1996;
Act XVI of 1997; Legal Notices 107 of 1997, 87 and 255 of 1998, Act XXI of 1999; Legal
Notices 7, 19 and 77 of 2001, and 48, 79 and 153 of 2002; Act XII of 2002; Legal Notice 117
of 2003; and Act XVI of 2003. 
ARRANGEMENT OF ACT
Articles
PART I.   Title and Interpretation  1-2
PART II.  Constitution of Councils  3-24
PART III. The Office of Mayor 25-32
PART IV.  Functions of Local Councils, Procedure and Meetings 33-48
PART V.  Officers and Employees  49-54
PART VI.  Finance 55-68
PART VII.  Miscellaneous 69-78
SCHEDULES
FIRST SCHEDULE Coats-of-Arms 
SECOND SCHEDULE Localities and their Boundaries 
THIRD SCHEDULE Local Councils (Elections) Regulations, 1993 
FOURTH SCHEDULE Items excluded from responsibility of Local Councils 
FIFTH SCHEDULE Oath of Office of Councillors/Mayor/Deputy Mayor 
SIXTH SCHEDULE Standing Orders 
SEVENTH SCHEDULE Election of Mayor and Deputy Mayor 
EIGHTH SCHEDULE Approved Non-Governmental Organisations 
NINTH SCHEDULE List of Member Countries of the Council of Europe whose
nationals are entitled to vote in Local Council Elections
TENTH SCHEDULE Financial allocation to Councils
  2      CAP. 363. ħ                LOCAL COUNCILS
PART I
Title and Interpretation
Short title. 1. The short title of this Act is Local Councils Act. 
Interpretation.
Amended by:
XV. 1996.67;
XVI. 1997.8;
XXI.1999.2,3;
XVI. 2003.24.
2. In this Act, unless the context otherwise requires -
"advertisement" means any word, letter, model, sign, placard,
board, notice, device or representation, whether illuminated or not,
in the nature of and employed wholly or in part for the purposes of
advertisement, announcement or direction, including any boarding
or similar structure used or adapted for use for the display of
advertisements;
"Association" means the Local Councils Association recognised
as such in the terms of article 37(3);
"Auditor General" means the Auditor General appointed in terms
of article 108 of the Constitution;
Cap. 291.
"Commissioner for Justice" means any person appointed to such
office according to article 3 of the Commissioners for Justice Act;
"Council" means a Local Council established under this Act; 
"councillor" means a member elected to a Council under the
provisions of this Act;
"Director" means the Director responsible for Local Councils;
"Electoral Commission" means the Electoral Commission
established by article 60 of the Constitution;
Cap. 354.
"Electoral Register" means the Electoral Register published in
accordance with the provisions of the General Elections Act; 
Cap. 467.
"European Union Electoral Register" has the same meaning
assigned to it by article 2 of the European Parliament Elections
Act;
"Executive Secretary" means the person occupying the post of
Executive Secretary of the Council in accordance with this Act;
"financial year" means the period of twelve months ending on the
thirty-first day of March in any year;
"locality" means an area within set boundaries as designated in
the Second Schedule; sohowever that when a set boundary so
designated passes through a street dividing two localities, both
sides of such street shall form part of the locality as indicated by
arrows;
"Malta" has the same meaning assigned to it by article 124 of the
Constitution;
"Mayor" means the Mayor of a Council elected in accordance
with article 25;
"Minister" means the Minister responsible for Local
Government; 
"motion" means any proposal or recommendation made by a
Councillor as provided in this Act, which shall be so registered and
    LOCAL COUNCILS   ġ CAP. 363.   3
discussed;
"population of a locality" means the population, published by the
Minister responsible for statistics in terms of article 73;
"public body" includes a corporation set up by an Act of
Parliament, any agency that may be set up by the Government and
any limited liability company in which the Government of Malta
has a controlling interest;
"public officer" shall have the same meaning assigned to it by
article 124 of the Constitution;
"public service" shall have the same meaning assigned to it by
article 124 of the Constitution;
"resolution" means a motion which has been discussed and
approved during a Council meeting, and so registered in the
minutes of the same meeting;
"street" includes any road, alley, square, bridge, shore front,
quay, or other place of public passage or access;
Cap. 356.
"structure plan" has the meaning assigned to it by articles 18 and
22 of the Development Planning Act.
PART II 
Constitution of Councils
Establishment of 
Local Councils.
Amended by:
XXI.1999.4;
XVI. 2003.24.
3. (1) Every locality shall have a Council which shall have all
such functions as are granted to it by this Act.
(2) The Council shall be a statutory local government authority
having a distinct legal personality and capable of entering into
contracts, of suing and being sued, and of doing all such things and
entering into such transactions as are incidental or conducive to the
exercise and performance of its functions as are allowed under this
Act:
Provided that the Council shall not have the power to:
( a ) borrow or lend any monies except with the authority in
writing of the Minister with the concurrence of the
Minister responsible for finance;
( b ) enter into any form of commercial partnership in
furtherance of its functions or otherwise, unless
authorised to do so in writing by the Minister;
( c ) delegate any of its functions in a manner other than
that established by or under this Act.
(3) Changes in the boundaries of localities shall be made only
in exceptional circumstances and only by the Electoral
Commission, after consultation with the Minister, the Local
Councils concerned and, wherever possible, with the local
residents. The Electoral Commission shall effect such changes
through a legal notice in the Gazette.
(4) Any such change shall be effected in the Electoral Register
or in the European Union Electoral Register, as the case may
  4      CAP. 363. ħ                LOCAL COUNCILS
require, and, for the purposes of article 55, such change shall have
effect from the first day of April of the year following such change.
(5) Each locality shall be referred to by the name as designated
in the Second Schedule and any reference to that locality shall be
by the name so designated.
Constitution of the 
Council.
Amended by:
XXI.1999.5.
4. (1) The number of councillors for each locality shall be
determined by the following criteria:
( a ) in the case where the population of a locality is under
five thousand, the number of councillors shall be five;
( b ) in the case where the population of a locality is five
thousand and over but less than ten thousand, the
number of councillors shall be seven;
( c ) in the case where the population of a locality is ten
thousand and over but less than fifteen thousand, the
number of councillors shall be nine;
( d ) in the case where the population of a locality is fifteen
thousand and over but less than twenty thousand, the
number of councillors shall be eleven; and
( e ) in the case where the population of a locality is twenty
thousand or more, the number of councillors shall be
thirteen.
(2) For the purposes of subarticle (1), the population of a
locality shall be as defined in article 2 and as published prior to the
election of a Local Council.
(3) The Council shall be presided by a Mayor to be elected
from amongst the councillors in accordance with the Seventh
Schedule.
(4) A Deputy Mayor shall also be elected in accordance with
the Seventh Schedule. The Deputy Mayor shall preside in the
absence of the Mayor.
(5) For the purposes of subarticle (1) article both the Mayor
and the Deputy Mayor shall be deemed to be councillors. 
Persons entitled to 
vote. 
Amended by:
XV.1996.67;
XVI. 2003.24.
5. (1) Every citizen of Malta whose name appears in the last
published Electoral Register and who has not been convicted of any
offence connected with the election of members of Local Councils
shall be entitled to vote at elections of Local Councils.
(2) Every person who is a national of a Member State of the
European Union whose name appears in the last published
European Union Electoral Register and who has not been convicted
of any offence connected with the election of members of Local
Councils shall be entitled to vote in elections of Local Councils.
Special Register. 
Added by:
XV.1996.67.
6. Repealed by Act XVI. 2003.24.
    LOCAL COUNCILS   ġ CAP. 363.   5
Persons entitled to 
vote in a particular 
locality. 
Amended by:
XV.1996.67;
XVI. 2003.24.
7. The persons entitled to vote at an election of Local
Councils shall be the persons who are registered as voters in that
part of the Electoral Register or the European Union Electoral
Register which relates to the locality for which local councillors are
to be elected.
Election of 
councillors. 
Amended by:
XXI.1999.6;
XVI. 2003.24.
8. (1) The elections of councillors shall be held every three
years by means of the system of proportional representation using
the single transferable vote.
(2) The conduct of the elections shall be the sole responsibility
of the Electoral Commission which shall conduct such election and
count the votes cast in accordance with the provisions of the Third
Schedule.
(3) If no candidates are nominated to contest the election of a
Local Council in accordance with the Third Schedule, the Minister
shall appoint a Committee of Management which shall perform all
such duties as are competent on the Council until a new Council is
elected:
Provided that the Electoral Commission shall, at a date
determined by the Minister, but in any case within twelve months
of the date on which the election was due to be held, hold an
election for a new Council:
Provided further that any new Council shall serve for such
term of office as would have been served by any councillor who
would have been elected in the election for which no candidates
had been nominated.
(4) Whenever, in accordance with the Third Schedule, a co-
option has to be effected, such co-option shall be made by the
elected councillors at their first sitting and, if applicable,
immediately after having elected the Mayor and Deputy Mayor.
(4A) The eligibility and qualifications criteria established for the
election of a member of a Council under articles 11 and 12 shall
also apply to a person nominated for co-option.
(4B) When a member is so co-opted to the Council the Executive
Secretary shall cause the name of such Councillor to be published
in the Gazette.
(4C) The provisions of this Act shall apply to co-opted
Councillors in the same manner that they apply to elected
Councillors.
(5) If elections for councillors are due to be held within four
months of the holding of general elections, European Parliament
elections or referenda, the election of councillors may be postponed
or brought forward to a date determined by the Minister, but in any
case not later or earlier than four months of the holding of such
general elections, European Parliament elections or referenda:
Provided that, in the event that the elections are so
postponed or brought forward, the term of office of councillors in
office at the time of such postponement or bringing forward shall
be extended or reduced by the same period by which the elections
are postponed or brought forward and that of the councillors
  6      CAP. 363. ħ                LOCAL COUNCILS
subsequently elected shall be reduced or extended by the same
period by which the term of office of the previous councillors has
been extended or reduced.
(6) Elections shall be held on the second Saturday of March or
on such a date as may be established by the Prime Minister in the
Gazette:
Provided that the Minister may by order in the Gazette
stipulate that an election may be delayed or brought forward by two
weeks from the date stipulated above.
Casual vacancies.
Amended by:
XXI.1999.3.
9. Whenever a casual vacancy occurs in the membership of a
Local Council, written notification of such vacancy shall be sent to
the Minister and to the Chief Electoral Commissioner by the
Executive Secretary within six days after the vacancy has occurred,
and a casual election to fill the vacancy shall be held in accordance
with the provisions of the Third Schedule on a day to be fixed by
the Electoral Commission being not more than thirty days after the
date on which such vacancy has occurred:
Provided that if a casual vacancy occurs as aforesaid within
three months before the expiration of the term of office of the
Council, no casual election shall be held and the Council shall be
deemed to be fully constituted for the purposes of this Act:
Provided further that no further election shall be held if the
term of office of the Council has been extended in terms of article
8(5).
Vacancy not to 
invalidate 
proceedings.
10. Until such time as a casual vacancy is duly filled, the
Council shall be deemed to be fully constituted for the purposes of
this Act and any proceedings, actions and decisions of the Council
shall be deemed valid.
Eligibility for 
Election as 
councillors.  
Amended by: 
XV.1996.67;
XXI.1999.7;
XII. 2002.2;
XVI. 2003.24.
11. A person shall be qualified to be elected as a member of
the Council of his locality if such person is registered as a voter in
the Electoral Register or the European Union Electoral Register for
the locality contested by such person:
Provided that in the case of public officers, Public Service
Management Code may from time to time restrict any class or
classes of public officers from contesting the elections for
councillors and that for the purposes of this proviso "Public Service
Management Code" means the body of regulations from time to
time applicable in the public service.
Persons not 
qualified to stand 
for Council. 
Amended by: 
XV.1996.67;
XII. 2002.3;
XVI. 2003.24.
12. No person shall be qualified to stand for election as a
member of a Council or to remain a member thereof if:
( a ) he is a member of the House of Representatives or of
any similar institution in another Member State of the
European Union;
( aa ) he is a member of the European Parliament;
( b ) he is a member of any disciplined force as defined in
article 47(1) of the Constitution of Malta;
( c ) if he is a member of another Local Council or of any
    LOCAL COUNCILS   ġ CAP. 363.   7
similar institution in another Member State;
( d ) he is a person in the employment of the Council for
which elections are to be held;
( e ) he is a person who holds any office the functions of
which involve any responsibility for or in connection
with the conduct of any election of members of the
Council or the compilation of or revision of any
electoral register;
( f ) he is an undischarged bankrupt having been adjudged
or otherwise declared bankrupt under any law in force
in Malta;
( g ) he is interdicted or incapacitated for any mental
infirmity or for prodigality by a court in Malta, or is
otherwise determined to be of unsound mind;
( h ) he is serving a sentence of imprisonment (by whatever
name called) exceeding twelve months imposed on
him by any court in Malta or is under such a sentence
of imprisonment the execution of which has been
suspended;
( i ) he is a member of the judiciary;
( j ) he is disqualified from membership of the Council by
or under this Act or any other law for the time being in
force in Malta.
Councillor ceasing 
to be qualified to 
stand for Council.
13. (1) No councillor duly elected shall without his consent be
transferred by Government or otherwise placed in a position which
disqualifies him from holding the office of councillor, Mayor or
Deputy Mayor.
(2) If a councillor ceases to be qualified by reason of any
provision of this Act, he shall thereupon cease to be a member and
the provisions of article 9 shall apply.
Term of office of 
councillors.
Amended by:
XXI.1999.8.
14. (1) Elected councillors shall hold office from the first day
of the month immediately following their election, provided that
councillors elected or co-opted to fill a casual vacancy shall hold
office from the day they are so elected or co-opted, and they shall
remain in such office until the expiration of the term of the Council
or until such time as the councillor shall have resigned or shall have
been removed from office before the lapse of the term in
accordance with this Act.
(2) Elected councillors shall, on the termination of their term of
office, if otherwise qualified, be eligible for re-election.
(3) The term of office of any person -
( a ) elected or co-opted to fill a casual vacancy in a
Council; or
( b ) elected or co-opted to a Council where that Council’s
election had been, in whole or in part, postponed for
any reason,
shall be the remaining period of the term of office stipulated in
  8      CAP. 363. ħ                LOCAL COUNCILS
article 8. 
Penalty for 
unqualified 
persons acting as 
councillors.
15. (1) A councillor shall be liable to a fine ( ammenda ) of
fifty liri for every occasion on which he attends a Council meeting
knowing or having reasonable grounds to believe that he is
disqualified or acting as councillor when his seat has become
vacant:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher penalties which in no case shall
exceed a fine ( ammenda ) of one thousand liri for each occasion.
(2) The fine ( ammenda ) contemplated in subarticle (1) shall be
recoverable by the Minister as a civil debt and paid into the
Consolidated Revenue Fund.
(3) A councillor acting in the manner contemplated in
subarticle (1) shall be liable to refund any sums disbursed by the
Council or any other body on his behalf, or benefits acquired in
connection with his office from such time when the cause for
disqualification arises.
(4) The foregoing sub-articles of this article shall be applied
and construed without prejudice to any criminal action which may
be taken by the competent authorities.
Validity of acts 
done by 
unqualified 
councillor.
16. (1) Any acts and proceedings entered into by an
unqualified person holding the office of councillor as provided in
the foregoing articles and any obligations binding the Council in
consequence thereof shall be honoured by the Council where the
person in whose favour such obligation is entered was in good
faith.
(2) The Council shall have the right to sue such unqualified
person for any damages resulting from any transaction it has to
honour unless such councillor proves that he had acted in good
faith.
Resignation of 
Council members.
Amended by:
XXI.1999.17.
17. (1) A member of the Council may, at any time, resign his
office by notice in writing signed by him and delivered to the
Executive Secretary and his resignation shall take effect from the
date of the receipt of the notice by the Executive Secretary, which
date shall be immediately registered by the Executive Secretary,
and his office shall become vacant as of such date.
(2) The Executive Secretary shall act in accordance with the
provisions of article 9.
Councillors to 
attend all meetings.
Amended by:
XXI.1999.3, 18.
18. Councillors shall attend all meetings as provided under this
Act and the Minister shall, after he has been informed by the
Executive Secretary, by notice under his hand addressed to the
Executive Secretary, declare a seat to be vacant on failure of the
councillor to attend six consecutive Council meetings or in the
aggregate more than one-third of the meetings called within a
period of six months:
Provided that when a Councillor has so absented himself,
and before informing the Minister as aforesaid, the Executive
    LOCAL COUNCILS   ġ CAP. 363.   9
Secretary shall inform the Mayor of such an event and the Mayor
shall thereupon insert an item on the agenda for the first Council
meeting to discuss whether the absence of such Councillor was due
to a justifiable cause.
Provided further that if the Council has resolved that the
absence is due to a justifiable cause, the Executive Secretary in
informing the Minister of the councillor’s failure shall also
transmit the recommendation of the Council for the Minister not to
declare the seat vacant:
Pecuniary interest.
pecuniary interest, direct or indirect, in any contract or proposed
contract or other matter and is present at any meeting of the
Council at which that contract, proposed contract or other matter is,
or is to be, considered to disclose openly to the meeting and as soon
as practicable after the commencement thereof the nature of his
interest and - 
( a ) not to preside over or take any part in the
consideration or discussion of, or to vote on any
question with respect to, that contract, proposed
contract or other matter; and
( b ) unless the contract, proposed contract or other matter
is under consideration by the Council merely as part of
a report of a committee or sub-committee thereof and
does not itself become the subject of separate debate,
to withdraw from the meeting while that matter is
being considered.
(2) It shall be the duty of every Council to record in the
minutes of a meeting particulars of any disclosure made to that
meeting under subarticle (1) and of any subsequent withdrawal
from the meeting.
(3) Any person who knowingly acts in contravention of
subarticle (1) shall be guilty of an offence and shall be liable to
imprisonment for a term not exceeding one year or to a fine ( multa )
not exceeding one thousand liri or fifty  per centum  of the contract,
proposed contract or other matter, whichever is the greater or to
both such fine and imprisonment, and any person found guilty of
such an offence shall cease to be qualified to hold the office of
councillor for a period of five years from such conviction.
(4) For the purposes of subarticle (1) the word "indirect"
includes any pecuniary interest which a councillor may have
through his spouse, children, parents, brothers or sisters or through
any company (not being a public company) of which he or any one
or more of them is a shareholder or through any company of which
he or any one or more of them is a director.
Relatives of 
councillors.
Amended by:
XXI.1999.3.
20. (1) Every councillor shall disclose to the Council in
writing any relevant family relationship known to him to exist
between himself and any person who he knows either holds, or is a
candidate for appointment to, any office under the Council.
(2) All disclosures made under subarticle (1) shall as soon as
  10      CAP. 363. ħ                LOCAL COUNCILS
practicable be brought by the Executive Secretary to the notice of
the Council and:
( a ) it shall be the duty of the Council to record in its
minutes particulars of the disclosure; and
( b ) if the councillor required to make the disclosure is
present at any meeting of the Council at which any
question relating to or affecting the appointment,
remuneration, tenure or conditions of service,
promotion, status, conduct, dismissal, suspension,
retirement or superannuation of the person to whom he
stands in a relevant family relationship is under
consideration, he shall withdraw from that meeting
while that question is being considered and his
withdrawal shall be duly recorded in the minutes of the
proceedings of that meeting.
(3) Any councillor who acts in contravention of subarticle (1)
or subarticle (2)( b ) shall be guilty of an offence and shall be liable
on summary conviction to a fine ( multa ) not exceeding three
hundred liri and, moreover, any person found guilty of such an
offence shall be liable to be disqualified from holding office of
councillor for a period of five years from such conviction:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher penalties which in no case shall
exceed a fine ( multa ) of three thousand liri.
(4) For the purposes of this article, a relevant family
relationship shall be deemed to exist between a councillor and an
officer or candidate if they are husband and wife or if the officer or
candidate, or the husband or wife of the officer or candidate, is the:
( a ) parent; 
( b ) grandparent;
( c ) grandson or granddaughter; 
( d ) son or daughter;
( e ) brother or sister;
( f ) uncle or aunt; or
( g ) nephew or niece;
of the councillor or of the husband or wife of the councillor.
Immunity from 
legal proceedings 
in certain cases.
21. Where a Council supplies to any member of the public
attending a meeting of the Council, or supplies for the benefit of
the media, copies of the agenda, statements, particulars and copies
of other documents, the publication of any defamatory matter
contained in the agenda, statements, particulars or documents so
supplied shall be privileged unless the publication thereof is proved
to have been made with malice.
Dissolution of 
Council.
Amended by;
XVI. 1997.8.
22. The President shall, by order in the Gazette acting in
accordance with the advice of the Prime Minister, dissolve a
Council upon:
( a ) a report of the Auditor General for persistent breach of
    LOCAL COUNCILS   ġ CAP. 363.   11
financial responsibilities; or
( b ) persistent non regard to the provisions of this Act after
formal notice has been given by the Minister; or
( c ) lack of agreement in electing the Mayor; or
( d ) lack of agreement by the Council in approving its
annual estimates; or
Cap. 273.
( e ) a recommendation to that effect in a report by a board
appointed under the Inquiries Act.
Elections to follow 
dissolution of 
Council.
Amended by:
XXI.1999.3.
23. (1) Upon the dissolution of the Council in accordance with
article 22, or if all the elected councillors have resigned and no
other councillors can be elected in accordance with the Third
Schedule to this Act, the Electoral Commission shall, within thirty
days, hold an election for a new Council:
Provided that no election shall be held where the remaining
term of office of the dissolved Council is less than three months.
(2) The Minister may appoint a Committee of Management
which shall perform all such duties as are competent on the Council
until a new Council is elected:
Provided that if a Committee of Management is not so
appointed, the Executive Secretary shall perform all such duties as
are competent on the Council.
(3) The newly elected Council shall hold office for the
remainder of the term applicable to the dissolved Council.
Oaths of Office.
Mayors and/or Deputy Mayors elected in accordance with article
25 shall take and subscribe the oath of office in the form stipulated
in the Fifth Schedule before any of the Commissioners for Justice
who are hereby being empowered to administer such oaths.
(2) Any Mayor, Deputy Mayor or councillor who undertakes a
function incompatible with his oath of office shall be dismissed by
the President, acting in accordance with the advice of the Prime
Minister, unless within thirty days from the receipt of a written
notice by the Minister, such member shall have renounced to the
incompatible function.
PART III
The Office of Mayor
Election of Mayor 
and Deputy Mayor.
Amended by:
XXI. 1999.12.
25. (1) The Council shall in its first sitting after having taken
their oath of office proceed with the election of the Mayor and the
Deputy Mayor of the Council from among its members in
accordance with the Seventh Schedule.
(2) The first sitting of each Council shall be held not later than
a week from the first day when the councillors can hold office in
accordance with article 14.
  12      CAP. 363. ħ                LOCAL COUNCILS
Mayor to have 
representation of 
Council and to 
preside meetings.
26. (1) The Mayor shall be the representative of the Council
for all effects under this Act and shall preside over all meetings of
the Council and supervise all functions of the Council.
(2) The Mayor shall be responsible for the furtherance of the
objects and provisions of this Act in the locality and Mayors shall
co-operate between themselves for the better welfare of the
localities which they represent.
Legal and judicial 
representation.
Amended by:
XXI.1999.3.
27. The Mayor shall have the legal and judicial representation
of the Council together with the Executive Secretary and they may
sue and be sued on its behalf even where the case refers to acts
done prior to the commencement of their term of office or
appointment as the case may be.
Term of Office. 28. The Mayor and Deputy Mayor shall hold office from the
day of their election and they shall remain in such office until the
expiration of the term of the Council or until such time as the
Mayor or Deputy Mayor shall have resigned or shall have been
removed from office before the lapse of their term in accordance
with this Act.
Vote of no 
confidence.
Amended by:
XXI.1999.13.
29. (1) The Mayor or Deputy Mayor shall cease to hold their
office upon a vote of no confidence delivered by a majority of the
Councillors in office.
(2) The motion proposing a vote of no confidence in the Mayor
or Deputy Mayor shall be signed by at least one-third of the
Councillors in office, shall specify the reason for such motion, shall
also propose another Councillor to be elected as Mayor or Deputy
Mayor, as the case may be, and shall be notified to all Councillors,
in the agenda, as a motion for a vote.
(3) The motion shall be discussed after at least five days have
elapsed from its presentation as provided in subarticle (2) but not
later than ten days from such date.
Vote of no 
confidence to be 
notified to 
Minister.
Amended by:
XXI.1999.3.
30. When a vote of no confidence as provided in article 29 is
carried, it shall be communicated to the Minister by the Executive
Secretary without delay.
Casual vacancy in 
the Office of 
Mayor and Deputy 
Mayor.
Amended by:
XXI.1999.14.
31. (1) On a vacancy in the office of Mayor, or where the
Mayor is for any reason unable to perform the functions of his
office, the Deputy Mayor shall perform all such functions until
such time as another Mayor is elected from among the councillors
in the first meeting of the Council held after the vacancy.
(2) On a vacancy in the office of Deputy Mayor an election
shall be held from among the councillors at the first meeting of the
Council to be held after the vacancy, and the Mayor shall also cast
a vote.
(3) If for the purposes of subarticle(1) the Deputy Mayor is
unable to perform the functions of Mayor for any reason
whatsoever, such function shall be performed by the oldest member
of the Council accepting such responsibility until such time as a
Mayor is elected.
    LOCAL COUNCILS   ġ CAP. 363.   13
(4) For the purposes of subarticle (2) the oldest member of the
Council accepting such responsibility shall perform the functions
of Deputy Mayor until a Deputy Mayor is elected.
Remuneration to 
Mayor.
Amended by:
XXI.1999.15.
32. (1) The Council shall pay to the Mayor or the Deputy
Mayor or to the Councillor who has assumed the functions of
Mayor when the office of Mayor is vacant such allowance as the
Council considers reasonable so however that the allowance shall
in no case exceed thirty-three  per centum  of the honorarium
payable from time to time to Members of the House of
Representatives.
(2) Subject to subarticle (1) all councillors shall serve on an
honorary basis but shall be afforded all such assistance by their
employers as is reasonable to allow them to carry out their
functions.
PART IV
Functions of Local Councils, Procedure and Meetings
Functions of Local 
councils.
Amended by:
XXI.1999.16.
33. (1) Subject to subarticle (2) and to the provisions of any
other law for the time being in force, the functions of each Local
Council shall be:
( a ) to provide for the upkeep and maintenance of, or
improvements in, any street or footpath, not being
privately owned:
Provided that maintenance in relation to any
street or footpath includes the patching or resurfacing
thereof, but does not include its reconstruction;
( b ) to provide for the collection and removal of all refuse
from any public or private place, for the maintenance
of cleanliness and for the establishment, upkeep and
maintenance of all public conveniences, dustbins and
other receptacles for the temporary deposit and
collection of waste, and to ensure that these are
accessible to all persons, including persons using a
wheel-chair;
( c ) to provide for the establishment, upkeep and
maintenance of children’s playgrounds, public gardens
and sport, cultural or other leisure centres, and to
ensure that these are, as far as possible, accessible to
all persons, including persons using a wheel-chair;
( d ) to provide and maintain proper road signs and road
markings, in conformity with national and
international standards, to establish and maintain
pedestrian and parking areas and to provide for the
protection of school children in the vicinity of schools;
( e ) to propose to and, where applicable, be consulted by
any competent authority prior to the competent
authority making any changes in traffic schemes
directly affecting the locality;
  14      CAP. 363. ħ                LOCAL COUNCILS
( f ) to make recommendations to any competent authority
for or in relation to any planning or building scheme
and to be a full participant in any decisions on the
naming or renaming of streets;
( g ) within the parameters of any national plan, to issue
guidelines to be followed in the upkeep, restoration,
design or alteration of the facade of any building or of
any building or any part of a building normally visible
from a street, including the type of lighting and
materials used, advertisements and shop fronts, and in
the case of premises which are open to the public, to
ensure that such premises are, as far as possible,
accessible to all persons, including persons who use a
wheel-chair;
( h ) to assist citizens by providing, where applicable in
conjunction with any competent authority, information
relating to the rights of citizens in general, including
information on consumers’ rights, transport,
communications, tourist facilities, taxation, social
security, public health and other matters of public
utility and interest;
( i ) to advise and, where applicable, be consulted by, any
authority empowered to take any decisions directly or
indirectly affecting the Council and the residents it is
responsible for;
( j ) as part of a national scheme, to provide in conjunction
with any competent authority, for the establishment,
upkeep and maintenance of creches, kindergartens and
other educational services or buildings;
( k ) as part of a national scheme, to provide in conjunction
with any competent authority for the establishment,
upkeep and maintenance of health and rehabilitation
centres, government dispensaries, health district
offices and homes for senior citizens;
( l ) to propose to the Minister responsible for education,
persons to be appointed as presidents of primary
school councils;
( m ) to enter into agreements with any public body or
government department for the delegation to the
Council of any of the functions of that public body or
department:
Provided that any such delegation shall only
come into effect after the Minister has made the
relevant order in the Gazette;
( n ) to perform any other function which shall be delegated
to it by the Government through the Minister by means
of an order published in the Government Gazette;
( o ) to provide for all such other works, things, matters and
services which are not excluded from a Council’s
competence by any law for the time being in force nor
    LOCAL COUNCILS   ġ CAP. 363.   15
assigned to any other authority.
(2) Arterial and distributor roads determined by the Structure
Plan, national monuments, national parks or gardens, industrial
estates, ports, airports and other national territories, establish-
ments, buildings and items listed in the Fourth Schedule to this Act
are the responsibility of the Government, except as provided in
terms of subarticle (1)( m ) or ( n ), and are totally excluded from the
competence of Local Councils.
Council to make 
Bye-laws.
Amended by: 
XII.1995.16.
34. (1) A Council may make, amend or revoke bye-laws for
the purpose of carrying out its functions and for the prevention and
suppression of nuisances in its locality.
(2) Notwithstanding the provisions of subarticle (1), the
Minister may under article 72, make regulations of general
application for the purposes for which a Council may make bye-
laws under this Act and such regulations shall, for the purposes of
this Act and of any other law, be deemed to be bye-laws enacted by
all the Councils:
Provided that any such regulations may only make
provisions of a general nature and shall be without prejudice to the
making of further bye-laws by any Council for the same purpose
making special provision for its locality.
Procedure for 
making Bye-laws.
Amended by:
XXI.1999.3,17.
35. (1) At least three weeks before a Council is due to discuss
proposed bye-laws, a notice of the Council’s intention shall be
given twice in all daily newspapers and once in the Government
Gazette. A copy of the proposed bye-laws shall be deposited at the
offices of the Council proposing them and shall for at least one
hour a day during normal office hours be open to public inspection
without payment.
(2) A Council shall, on application, furnish to any person a
copy of the proposed bye-laws, or of any part thereof, on payment
of a reasonable sum not exceeding the price of the Gazette.
(3) The Executive Secretary shall submit to the Director a
copy of the proposed Bye-Laws after these have been discussed and
approved by the Council.
(4) If within six weeks from the receipt of the proposed Bye-
Laws by the Director, the Minister decides to propose any
amendments he shall inform the Council in writing of any such
amendments.
(5) If within the said period of six weeks the Minister does not
inform the Council, the Council shall assume that the Minister is
not proposing any amendments. 
(6) After discussing the amendments proposed by the Minister,
if any, the Council may either approve or not approve the Bye-
Laws. If the Council so approves, the Executive Secretary shall
forward a copy of the approved Bye-Laws to the Minister. 
(7) The Minister shall have the right to object to any bye-law
approved by any Council and shall signify such objection and the
justification thereof in writing to the Council.
  16      CAP. 363. ħ                LOCAL COUNCILS
(8) Should the Minister not object to the bye-laws, the
Executive Secretary shall cause the bye-laws to be published in the
Gazette and they shall come into force one month after their
publication or within such shorter period as may be agreed upon
between the Council and the Minister. Any such shorter period
shall be specified in the bye-law.
Penalties for 
contravention of 
Bye-laws.
Amended by:
XXI.1999.3,18.
36. (1) Except as provided by any other law, a person who
contravenes a bye-law shall be guilty of a contravention and shall
be liable to the punishment of a fine ( ammenda ) not exceeding
thirty liri and, in the case of a continuing offence, a further fine
( ammenda ) not exceeding five liri for each day on which the
offence continues after conviction:
Provided that the Minister may, from time to time, by
notice in the Gazette prescribe higher penalties which in no case
shall exceed a fine ( ammenda ) of one thousand liri and, in the case
of a continuing offence, a further fine ( ammenda ) not exceeding
two hundred and fifty liri for each day.
Cap. 291.
(2) Unless otherwise provided by this article, the
contraventions referred to in subarticle (1) shall be deemed to be
scheduled offences for the purposes of the Commissioners for
Justice Act and the provisions of the said Commissioners for
Justice Act shall apply  mutatis mutandis  to any proceedings in
respect of such contraventions under this Act.
(3) A Commissioner for Justice shall, where he is to consider
charges regarding any infringement of any Bye-laws, sit in the
Local Tribunal established in terms of the Commissioners for
Justice Act, which shall either be the administrative offices of the
Council concerned or any other place so designated by the Minister
after consultation with the Council.
Cap. 291.
(4) The Executive Secretary shall be the prosecutor in any such
hearing and shall have the same powers assigned to the Executive
Police under the Commissioners for Justice Act. Service of any
summons shall be effected by the Executive Secretary in the
manner provided in article 6(2) of the Commissioners for Justice
Act or by the Executive Police or by a local warden as provided in
subarticle (1) of the said article:
Provided that the functions of the Executive Secretary
under this sub-article and under subarticle (6) may be delegated to
any other person or persons as the Council may by resolution
determine.
(5) The amount of any fine ( ammenda ) shall be due to the
Council of the locality where the contravention occurs and shall be
paid to the Executive Secretary.
Cap. 291.
(6) The Minister may by order in the Gazette direct that the
provisions of subarticles (2), (3), (4) and (5) shall apply to one or
more of the offences listed in the Schedule to the Commissioners
for Justice Act and whenever any such order is made prosecution in
relation to such infringements shall be conducted by the Executive
Secretary before the Commissioner for Justice who shall sit in the
administrative offices of the Council concerned or in any other
    LOCAL COUNCILS   ġ CAP. 363.   17
place as designated under subarticle (3).
Abrogative 
referenda.
Added by:
VIII. 1996.10.
Cap. 237.
Cap. 237.
36A. (1) Subject to the provisions of this article, Part VIA of
the Referenda Act shall apply to any bye-law made by any Local
Council under the provisions of this Act.
(2) The provisions of Part VIA of the Referenda Act shall, for
the purposes of this article, be applicable as follows:
( a ) article 32B thereof shall apply as if the reference
therein to ten per cent of the total number of persons
registered as voters in subarticle (1) thereof were a
reference to ten per cent of the total number of persons
registered as voters in elections for local councillors
for the locality which has made the bye-law to which
the declaration applies;
( b ) article 32C thereof shall apply as if the reference in
subarticle (1) thereof to the electoral district wherein
the voter is registered were a reference to a locality for
the election of whose local councillors the voter is
registered;
( c ) article 32D thereof shall apply -
(i) as if the reference to any person registered as a
voter for the election of members of the House
of Representatives in subarticle (1) thereof were
a reference to any person registered as a voter
for the election of local councillors for the Local
Council of the locality making the relative bye-
law;
Cap. 237.
(ii) as if the reference in subarticle (1) of article 32B
of the Referenda Act in paragraph ( a ) of
subarticle (1) thereof were a reference to that
sub-article as applicable in accordance with
paragraph ( a ) hereof;
Cap. 319.
(iii) as if the reference to the Constitution and the
European Convention Act in paragraph ( c ) of
subarticle (1) thereof were also a reference to
this Act; and
(iv) as if subarticle (3) thereof required service of
any application also on the mayor of the Local
Council making the bye-law, which service
shall, for the purposes of subarticle (5) thereof,
be made at the office of the relative Local
Council; and
( d ) paragraph ( b ) of subarticle (1) of article 32G shall not
apply.
Co-operation with 
other Councils.
Amended by:
XXI.1999.19.
37. (1) Two or more Local Councils may discharge any of
their functions jointly and they may also arrange for the discharge
of these functions by a joint committee of theirs or by an officer of
one of them.
(2) Local Councils having an arrangement as provided in
  18      CAP. 363. ħ                LOCAL COUNCILS
subarticle (1) may meet in joint session to discuss the discharge of
the functions to which the arrangement relates and all councillors
shall be entitled to participate and vote where required unless the
arrangement otherwise provides.
(3) Local Councils may form and belong to an association
recognised as such by the Government for the protection and
promotion of their common interests as well as belong to
international associations of local government authorities.
Right of Local 
Councils to a 
judicial remedy.
38. Local Councils shall have the right to challenge in court
any decision which in any way interferes with the free exercise of
their powers granted by this Act.
Competition.
Amended by:
XXI.1999.20.
39. For the purpose of discharging any functions in pursuance
of any matter under this Part of this Act, a Council shall contract
out and expose to competition any of the functions assigned to it
unless such functions are to be carried out by its own members, any
person employed in terms of articles 52 and 53 or by another
Council which has exposed or is to expose the carrying out of the
functions to competition:
Provided that no Councillor or any Council employee, or
any company in which such Councillor or employee has a majority
shareholding or controlling interest, shall tender or submit
quotations for any works, goods or services or for the transfer of
any land for which a call for tenders or quotations has been issued
by the Council of which he is such a member or employee:
Provided further that with the approval of the Minister, a
Local Council may make arrangements with any public body,
government department or other Local Council, for -
( a ) the supply by one party to the other of any goods;
( b ) the provision by one party to the other of any
administrative, professional or technical services;
( c ) the use by one party of any vehicle, plant or apparatus
belonging to the other and the placing at the disposal
of the first-mentioned party of the services of any
person employed in connection with the vehicle, plant
or apparatus in question; and
( d ) the provision or maintenance by one party of any
works, facility, amenity, equipment or thing for the
provision or maintenance of which the other is
responsible,
on such terms as may be agreed and provided that such agreement
may not be for longer than three months which period shall not be
renewable:
Provided also that if the value of such provision or use of
such goods or services does not exceed one hundred liri, in any one
month or such other amount as the Minister may by Order
prescribe, the approval of the Minister shall not be required.
    LOCAL COUNCILS   ġ CAP. 363.   19
Works contracts: 
restrictions.
Amended by:
XXI.1999.21.
40. (1) Where a Council offers for tender any works, goods or
services related to its functions or the transfer of any land it shall
give notice of its intention by publishing a notice in the Gazette. In
addition to this requirement a Council may also give notice of its
intention by publishing a notice in any newspaper. Any such notice
shall contain the following matters:
( a ) a brief description of the work;
( b ) a statement that during a period specified in the notice
any person may inspect a detailed specification of the
work free of charge at a place and time specified in the
notice;
( c ) a statement of the period during which the work is to
be carried out;
( d ) a statement that during that period any person will be
supplied with a copy of the detailed specifications on
request and on payment of such charge as is specified
in the notice;
( e ) a statement that any person who may wish to carry out
the work should notify the Council of that fact within a
period specified in the notice; 
( f ) the date and place when all the tenders shall be opened
in public; and
( g ) in the case of a transfer of any land, a description
thereof including its location, extent and any
restriction that may be made as to its use, as well as
any condition to which the transfer may be subject.
(2) The Council shall:
( a ) make available to any interested person, copies of all
tenders submitted and accompanying documents at a
reasonable price;
( b ) appoint a date and place when it will hear submissions
from any interested person on all or any of the tenders
submitted;
( c ) publish its decisions together with the reasons thereof
and provide to any interested person a copy thereof at
a reasonable price.
Agency 
arrangements.
41. Repealed by XXI.1999.22.
Arrangements for 
the supply of goods 
and services or 
interchange of 
staff.
42. Repealed by XXI.1999.22.
Standing Orders.
Standing Orders in the Sixth Schedule.
(2) Council meetings shall be held at least once a month or at
any other shorter intervals as the Mayor may decide. Meetings of
the Council may also be called at the request of the least whole
number above one-third of the councillors in office.
  20      CAP. 363. ħ                LOCAL COUNCILS
Admission of 
public to meetings.
44. (1) Every meeting of a Council shall be open to the public.
(2) Where at a meeting of a Council the Council resolves itself
into committee, the proceedings in committee shall for the purposes
of this Act be treated as forming part of the proceedings of the
Council at the meeting.
(3) Nothing in this article or in article 46 shall affect or
derogate from any power of excluding persons from a meeting for
the purpose of suppressing or preventing disorderly conduct or
other misbehaviour at, or disturbance of, the meeting.
Information to be 
given as to 
meetings.
Amended by:
XXI.1999.23.
45. The Council shall, if so requested and on payment for
postage or other necessary expenses which may be incurred for the
supply of any such information, furnish - 
( a ) a copy of the agenda and accompanying documents,
directly related to the agenda as circulated to members
of the Council; and
( b ) such further statements or particulars and copies of
such other documents as are necessary to indicate the
nature of any item included in the copy of the agenda
so supplied; and
( c ) a copy of any document pertaining to the Local
Council and any publication issued by or on behalf of
the Council.
Facilities for media 
representatives.
46. The Council shall, so far as practicable, cause to be made
available to duly accredited representatives of the media attending
for the purpose of reporting proceedings at the meeting reasonable
facilities for taking reports of these proceedings and, on payment
by those representatives or their media of any expenses which may
be incurred, for transmitting such reports to their media.
Committees of 
Councils.
Amended by:
XXI.1999.24.
47. (1) Subject to the provisions of this article, the Council
may appoint committees for the purpose of assisting the Council in
the execution of its functions.
(2) Committees established under subarticle (1) shall consist of
a chairman from among the councillors and not more than four
other persons who need not be councillors.
(3) Committees shall remain in office until they are dissolved
by the Council or until the term of office of the Council expires.
(4) Members of committees shall not be entitled to any wage,
salary or attendance allowances.
(5) The meetings of committees shall be recorded as minutes of
the Council and shall be kept in the custody of the Council.
(6) ( a ) Where a locality includes more than one town, village
or hamlet, the Council shall appoint a committee for
each town, village or hamlet having a population of
more than one tenth but less than one half of the
population of that locality to report regularly on the
needs of the particular town, village or hamlet for
which the committee is appointed.
    LOCAL COUNCILS   ġ CAP. 363.   21
( b ) The chairman of the committee appointed under
paragraph ( a ) hereof shall be a councillor and the other
members shall be registered voters in the Local
Councils’ Electoral Register for the particular town,
village or hamlet. Notwithstanding the provisions of
Standing Order 26(2) contained in the Sixth Schedule,
the Mayor need not be an  ex officio  member of the said
committee.
( c ) The provisions of subarticles (3), (4) and (5) shall
apply to committees appointed under this sub-article.
Listed hamlets.
Added by:
XXI.1999.25.
Amended by:
XVI. 2003.24.
47A. (1) The provisions of article 47 shall also apply to such
towns, villages or hamlets, as are referred to in subarticle (6)( a ) of
the said article, and which are listed in the Ninth Schedule and
which in this article are being referred to as “listed hamlets”.
(2) Listed hamlets shall be those hamlets listed under the
Ninth Schedule delineated by the boundaries, inclusive of their
streets, as shown in the said Schedule.
(3) The Minister may add to or delete from the listed hamlets
following the procedures set out in subarticles (4) or (5).
(4) A Council may by resolution, make a recommendation to
the Minister in terms of subarticle (3) either at its own instance or
following the Council’s consideration and approval of a petition to
establish a listed hamlet within the locality, signed by a group of
one hundred or more persons entitled to vote in that locality:
Provided that the recommendation of the Council shall
comply with the requirements established by article 47(6)( a ) in
relation to population.
(5) The Electoral Commission shall review the population of
listed hamlets in relation to the requirements set out in article 47
and if such review indicates that the population is no longer within
the aforementioned requirements, the Commission shall
immediately inform the Minister as provided for in subarticle (3).
Such review shall be carried out prior to the publication of the
Electoral Register immediately preceding the elections to be held in
the locality where the listed hamlet is situated.
(6) Every Council of a locality having a listed hamlet shall
appoint a committee for each hamlet which committee shall be
chaired by a Councillor and shall consist of four other members
who are entitled to vote and whose names appear under that hamlet
in the Electoral Register:
Provided that such number of other members may be
reduced to not less than two by Order of the Minister, after
consultation with the Local Council.
(7) Councils having listed hamlets shall make separate
provision for the needs of such hamlets in the estimates of
approved expenditure in terms of article 56 and in the three year
plan approved in terms of article 59.
(8) The committee established in terms of subarticle (6) shall
  22      CAP. 363. ħ                LOCAL COUNCILS
call a locality meeting for the residents of the listed hamlet at least
once a year and the provisions of article 70 shall  mutatis mutandis
also apply to that meeting, provided that such meeting shall be held
at least fifteen days before the day of the locality meeting to be
held by the Council.
Council premises.
Amended by:
XII. 2002.4.
48. (1) The Council shall have its administrative offices at a
place to be selected by it with the approval of the Minister, and
these offices shall, as far as possible, be accessible to all persons,
including persons using a wheelchair.
(2) The administrative offices of the Council shall be open to
the public on all working days and during normal office hours.
(3) Any meetings of the Council shall be held at the Council’s
administrative offices:
Provided that the initial meeting place of each Council shall
be determined by the Minister.
PART V 
Officers and Employees
Appointment of 
Executive 
Secretary.
Amended by:
XXI.1999.3.
49. (1) Every Council shall, after consulting the Minister,
appoint an Executive Secretary of the Council:
Provided that the Minister shall, until the first Executive
Secretary is appointed, appoint an acting Executive Secretary.
(2) The Executive Secretary may be a public officer or he may
be appointed from outside the public service.
(3) If the Executive Secretary is appointed from outside the
public service, the requirements of article 110(6) of the
Constitution shall be observed.
(4) Where a Council refuses or fails to appoint a Executive
Secretary, the Minister shall appoint an acting Executive Secretary.
Appointment of 
deputy Executive 
Secretary.
Amended by:
XXI.1999.3, 26.
50. Subject to the provisions of articles 49 and 53, a Council
shall designate a Deputy Executive Secretary to exercise the
functions of the Executive Secretary whenever the office of
Executive Secretary is vacant or the Executive Secretary is for any
reason unable to act. The Executive Secretary shall give due notice
to the Council in writing of any instance where he is unable to act.
Full-time or part-
time Executive 
Secretary.
Amended by: 
XIII.1996.27;
XXI.1999.3.
 51. (1) An Executive Secretary shall act on a full-time basis in
those localities having a population greater than two thousand
persons.
(2) In any other case, an Executive Secretary may be appointed
on a part-time basis.
Functions of 
Executive 
Secretary.
Amended by:
XXI.1999.3, 27.
 52. (1) The Executive Secretary shall be the executive,
administrative and financial head of the Council.
(2) Without prejudice to any provision of this Act, the
Executive Secretary shall -
( a ) issue all notices, prepare the agenda in consultation
    LOCAL COUNCILS   ġ CAP. 363.   23
with the Mayor and attend all meetings;
( b ) draw up and sign the minutes of Council and
committee meetings:
Provided that the Executive Secretary may
nominate and the Council may approve, another
person to act instead of the Executive Secretary in
relation to any committee appointed by the Council;
( c ) submit a detailed annual administrative report to the
Mayor who shall submit it to the Council for its
approval;
( d ) cause to be submitted to the Council estimates of the
income and expenditure of the Council during the next
following financial year;
( e ) carry out any other duties that may be detailed or
delegated to him by the Mayor or by the Council.
Appointment and 
qualification of 
Council 
employees.
Amended by:
XXI.1999.3, 28;
XII. 2002.5.
53. (1) Subject to the provisions of article 110(6) of the
Constitution, the Council may appoint such other employees as the
Council thinks necessary for the efficient discharge of the functions
of the Council so however that a Council may not employ more
than one person per two thousand five hundred residents, where the
residents of a locality shall have the same meaning as the
population of a locality:
Provided that where the population of a locality is less than
two thousand five hundred, the Council may employ a person on a
part-time or full-time basis:
Provided further that a Council which in terms of this
article can only employ one persons, may, notwithstanding the
provisions of this article, employ one other person.
(2) The Minister may, by regulations, and after consultation
with the Association prescribe the qualifications to be possessed
by, the remuneration payable to and the technical administrative
and office procedures to be followed by - 
( a ) any person appointed to the office of Executive
Secretary or Deputy Executive Secretary of a Council;
and
( b ) any person appointed to such other post as may be
prescribed.
(3) The removal from office, suspension or re-instatement, or
any withholding of the remuneration, of the Executive Secretary of
a Council and of any other employees for whom qualifications are
prescribed under subarticle (2) shall be subject to the approval of
the Minister:
Provided that such removal, suspension or withholding
shall only become effective from such date as may be determined
by the Minister.
(4) A Council shall not, without the approval of the Minister,
remove from office or suspend, or withhold the remuneration of an
  24      CAP. 363. ħ                LOCAL COUNCILS
Acting Executive Secretary appointed by the Minister under article
49(4).
(5) The Executive Secretary and other employees of the
Council shall be appointed for a period of three years and their
contract may be renewed for successive three year periods under
such terms and conditions as may be prescribed under subarticle
(2).
(6) Unless there is a court order to the contrary, information
relating to a particular employee or office-holder, former employee
or former office-holder, or job applicant shall be treated as
confidential and shall not be made available to persons other than
the members of the Council, members of staff as delegated by the
Executive Secretary, the Minister in the exercise of his functions
under this Act and the individual concerned.
Status of public 
officers detailed on 
duty with Local 
Councils.
Cap. 93.
Cap. 58.
54. For the avoidance of doubt it is hereby declared that for
superannuation purposes service rendered by a public officer with
respect to whose temporary transfer arrangements are in force is
service rendered to the department by which he was employed
before the transfer and he shall not forfeit any pension, gratuity or
benefit under the Pensions Ordinance and the Widows’ and
Orphans’ Pensions Act.
PART VI 
Finance
Financial 
allocation to 
Councils.
Amended by:
XII. 2002.6.
55. (1) Each year the Minister responsible for finance shall
allocate a provision under the Appropriation Act which shall serve
for the exercise of the functions of Councils as appear under this
Act.
(2) The amount appropriated shall be allocated by the Minister
to each Council on the basis of the formula determined in terms of
the Tenth Schedule to this Act.
(3) In allocating the appropriated amount to a Council, the
Minister may retain any portion of such amount if he deems it to be
necessary to effect such retention in order to ensure:
( a ) the redress of any negative balance  or any balance
below the benchmarks established by the regulations
made under article 67;
( b ) the production of copies of minutes of Council, and
Finance Committee within three working days after
their approval;
( c ) the production of copies of any financial statement or
document the submission of which is determined by
the Act;
( d ) the production at all times of the documents that may
be demanded in terms of article 64:
Provided that the retention and, or release of any monies in
connection with paragraph ( a ) shall be governed by regulations
    LOCAL COUNCILS   ġ CAP. 363.   25
made under article 67:
Provided further that for the purposes of paragraphs ( b ), ( c )
and ( d ), the amount provisionally retained shall not exceed during
any financial year, 1% of the financial allocation for that year and
that the monies shall only be retained following persistent breaches
by a Council.
Annual Budget.
Amended by:
XXI.1999.29;
XII. 2002.7.
56. (1) Every Council shall not later than two months after its
first election and, subsequently once during the month of January
in each financial year or within fifteen days from the date the
Council is notified of its allocation whichever is the later cause to
be submitted to it estimates of the income and expenditure of the
Council during the next following financial year.
(2) Not later than fifteen days following the two month period
referred to in subarticle (1) and not later than the fifteenth day of
February in any financial year or not later than fifteen days from
the date estimates of income and expenditure are submitted to the
Council, a Council:
( a ) shall consider the estimates for the next following
financial year;
( b ) may revise the estimates in such manner as the Council
thinks fit;
( c ) shall approve the estimates, subject to any revision
under paragraph ( b ).
(3) The estimates so approved shall not later than three months
from the date of its first election and not later than the last day of
March in any calendar year or not later than thirty days from the
date of approval be sent to the Minister.
Method of supply 
of funds for 
ordinary 
administration.
Amended by:
XXI.1999.3, 30.
57. The allocation mentioned in article 55 shall be made
available to Councils by the Minister after a written request by the
Executive Secretary.
Method of supply 
of funds for special 
needs.
58. Payments for special needs of a locality or localities shall
only be made exceptionally and after a resolution to that effect has
been carried by the House of Representatives.
Three-year 
business and 
financial plan.
Amended by:
XXI.1999.3.
59. (1) At the end of the first year of its term, a Council shall
prepare and discuss a three year plan on council operation, projects
and finances so as to provide a framework for the Council’s annual
budgets.
(2) The Council shall revise or confirm the three year plan
every year during its discussion on its annual budget.
(3) Copies of business and financial plans and revisions
thereof, shall be forwarded by the Executive Secretary to the
Minister and to the Minister responsible for finance within two
weeks of their approval by the Council.
Councils may raise 
additional funds.
60. A Council shall have the power to raise funds by means of
any scheme designed to provide additional funds to those allocated
  26      CAP. 363. ħ                LOCAL COUNCILS
to it under article 55:
Provided that such schemes shall be instituted by bye-laws.
Payments in excess 
of voted funds.
Amended by:
XXI.1999.3;
XII. 2002.8.
61. The Council shall not authorise any works the value of
which exceeds the annual provision allotted to it for that financial
year taking into consideration the amount forecast for payment of
acts of ordinary administration: 
Provided that where the Council requires authorisation for
the approval of any works the cost of which exceeds the value
mentioned in this article, it shall, through the Executive Secretary,
make the necessary request in writing to the Minister,  indicating
the amount of net surplus funds resulting from previous years in
terms of article 62(3) and from other funds generated by the same
Council.  The Minister shall, with the concurrence of the Minister
responsible for finance, have the power to issue such authority in
accordance with the provisions of this Act.
Approval of 
supplementary 
funds.
Amended by:
XXI.1999.3.
62. (1) The Minister responsible for finance may approve a
supplementary provision to be made available to Councils after due
consultation with the Minister if it results that the amount
appropriated by the Appropriation Act is insufficient. Such
supplementary provision shall nevertheless be allocated to
Councils in accordance with the provisions of article 55.
(2) Where Councils receive a supplementary provision in terms
of subarticle (1), the Executive Secretary shall prepare the
necessary supplementary estimates.
(3) Any monies declared to be a surplus in any financial year
shall not be set off against the sum being voted in the
Appropriation Act for the next financial year.
Limitation on 
investments and 
donations.
Amended by:
XXI.1999.31;
XII. 2002.9.
63. The Council shall be responsible for the receipt of all
monies as are under this Act required but the Council shall have no
power to hold or invest in any commercial undertaking unless
authorised to do so in writing by the Minister.
Limitation as to 
nature of a 
donation.
Added by:
XII. 2002.10.
63A. The Council shall not donate any sums or make any
donation in kind to any non-government organisation not included
in the Eighth Schedule:
Provided that the Council may, in any one financial year,
make one donation in cash or in kind to any organisation
established in the locality and not listed in the Eighth Schedule,
provided that such donation does not exceed fifty liri:
Provided further that the Council may not in any financial
year give in donation more than 0.5 per cent of the annual
allocation for that year.
Minister may order 
production of 
books of accounts 
and other 
documents.
Amended by:
XXI.1999.3.
64. Without prejudice to any other provision of this Act, the
Minister may, either of his own accord or at the request of the
Minister responsible for finance, by notice in writing, require the
Executive Secretary to produce such books of account, records and
any other document as may appear to him to be necessary without
    LOCAL COUNCILS   ġ CAP. 363.   27
giving any reason for such demand.
Appointment of 
local government 
auditors.
Amended by;
XVI. 1997.8;
XII. 2002.11.
65. (1) The Auditor General shall appoint persons (to be
known as "local government auditors") to audit the accounts of a
Local Council subject to such conditions as he may deem fit. The
appointment shall be for a period of one year, renewable each year,
for a total period of not more than five consecutive years.
Cap. 281.
(2) A person shall not be qualified for appointment as a local
government auditor unless he is an individual who holds a warrant
to act as auditor issued under the Accountancy Profession Act, or is
a partnership of auditors duly registered under the said Act and -
( a ) in the case of an individual, he is not - 
(i) a councillor of the locality whose books he is
auditing; or
(ii) in the employment of the Council of the locality
he is auditing; or
(iii) related by consanguinity or affinity in the direct
line, or, up to the third degree, in the collateral
line, to any councillor of that locality;
( b ) in the case of a partnership none of the partners is an
individual who is not qualified to be appointed as
auditor of a Council.
(3) In the exercise of their duties local government auditors
shall have access to all books, records, returns and other documents
relating to the accounts of Local Councils and may require any
person holding or accountable for any such books or documents to
appear before them at the audit.
(4) The Auditor General may appoint, either temporarily or
otherwise, persons to assist local government auditors in the
performance of their duties.
(5) The remuneration and expenses of local government
auditors, including the remuneration and expenses of persons
appointed to assist local government auditors, to such amount as is
sanctioned by the Auditor General, shall be paid out of the annual
provision made available to the Auditor General. 
(6) Local government auditors shall submit their reports not
later than twelve weeks from the end of the financial year to the
Auditor General who shall forthwith transmit copies of those
reports to the Minister, the Minister responsible for finance and to
the respective Council. A copy of this report shall be laid on the
Table of the House by the Minister within six weeks after receipt
thereof by him.
Additional auditing 
responsibilities.
66. (1) The Minister shall, after consultation with the Minister
responsible for finance, prescribe indicators to measure the
performance of local council services, where such indicators are to
facilitate comparisons of cost, economy, efficiency and
effectiveness between Local Councils over time.
(2) In addition to duties specified in terms of or under this Act,
local government auditors are required to satisfy themselves that a
  28      CAP. 363. ħ                LOCAL COUNCILS
Local Council has made proper arrangements for securing
economy, efficiency and effectiveness.
Regulations by 
Minister 
responsible for 
finance.
67. The Minister responsible for finance may, in conjunction
with the Minister, make regulations under this Part of the Act for
the purpose of regulating the financial functions of the Council,
including the keeping of records and reporting.
Powers of Minister 
responsible for 
finance under the 
Constitution.
68. The provisions of this Part of the Act shall not prejudice
the power given to Parliament to provide for the establishment of a
Contingencies Fund and for authorising the Minister responsible
for finance to make advances from the Fund in urgent and
unforeseen cases in accordance with article 105 of the Constitution
of Malta.
PART VII
Miscellaneous 
Appropriation of 
monies required to 
hold Council 
Elections.
69. (1) The Minister responsible for finance shall, from time
to time by warrant under his hand addressed to the responsible
public officer, authorise and direct that all such monies as are
reasonably required for meeting any lawful expense required to be
incurred for the holding of elections of Local Councils be paid out
of the Consolidated Fund without any further appropriation under
this Act.
(2) A statement of the expenses so paid shall, so soon as
practicable, be laid on the Table of the House of Representatives.
Locality Meeting.
Amended by:
XXI.1999.3, 32.
70. (1) Councils shall call a locality meeting which shall be
held before the meeting in which the Council will be considering
the financial estimates for the next financial year open to persons
appearing in the Local Councils’ Electoral Register for that locality
at least once a year.
(2) The locality meeting shall be held at such place as the
Council may determine and which is as much as possible accessible
to all persons, including such persons who use a wheel-chair. A
notice for such meeting shall be published once in all daily
newspapers, and broadcast once on all national radios.
(3) The Mayor assisted by the Executive Secretary shall ensure
that the agenda discussed at the annual locality meeting shall
include an administrative report on the performance of the Council
during the previous year and the business plan for the following
year.
(4) The Mayor shall be the Chairman at such meeting and the
Executive Secretary shall keep a record of the proceedings of the
meeting including any complaints or suggestions made during that
meeting. The minutes of such meeting shall be discussed by the
Council during the first Council meeting following the locality
meeting and the Council shall take action upon any such complaints
and suggestions as it may consider fit.
Public 
consultation.
71. A Council shall hold a public consultation about any issue
    LOCAL COUNCILS   ġ CAP. 363.   29
which falls within its competence either at its own instance or
whenever so requested by the electors listed as voters for the
locality in the last Local Councils’ Electoral Register:
Provided that a petition requesting such consultation has
been signed by at least one-fifth of the electors listed as voters for
that locality in the last Local Councils’ Electoral Register where
the population of registered voters is of 3,000 or more, or by at
least one-fourth of the said electors where the population of
registered voters is less than 3,000.
Power of Minister 
to make 
regulations. 
Amended by: 
XIII.1996.27;
XXI.1999.33;
XVI. 2003.24.
72. (1) Without prejudice to any power to make regulations
conferred by this Act, the Minister may make regulations not
inconsistent with or repugnant to this Act, generally for carrying
the provisions of this Act into effect.
(2) Without prejudice to the generality of the foregoing, the
Minister may in particular by regulations amend the First Schedule
subject to the provisions of article 74, and from the Fourth to the
Ninth Schedule inclusive and any forms set out therein.
(3) The Minister may also, in addition to such regulations make
or authorise the making of such forms, procedures, guidelines and
directions as he may deem necessary or expedient, in relation to
any function vested in or delegated to local councils by or under
this Act, so as to secure a uniform level of operation, including the
engagement of the services of local wardens and the procurement
of other services and goods, or to establish minimum standards or
to provide for such other matter as may be ancillary or incidental to
the exercise of such functions.
Publication of 
population by 
locality.
73. The Minister responsible for statistics shall publish the
population as defined in this Act for each locality once a year in the
month of April. 
Coats-of-arms.
Amended by:
XXI.1999.34.
74. (1) The Council shall be vested with the ownership of the
Coat of Arms but  bona fide  local associations may use the Coat of
Arms of their locality provided that such use is not for a
commercial purpose.
(2) Local Councils shall have the right to petition the Minister
for changes in the design of the coat-of-arms after a resolution to
that effect has been carried by a two-thirds majority of the Council
and the Minister shall consider such request.
(3) The Minister shall thereupon appoint an  ad hoc  committee
of three persons, one from the Local Council concerned, one
representing the Minister and an expert in heraldry to advise him on
the proposed changes. The Minister’s decision shall be final.
(4) Localities which are historically known as cities shall be
distinguished as such by a distinctive mark in their coat-of-arms as
shown in the First Schedule:
Provided that a Council of such a locality may apply to the
Minister for approval to use a motto. An approved motto shall be
published by notice in the Gazette.
  30      CAP. 363. ħ                LOCAL COUNCILS
(5) Localities may display a square flag showing their coat-of
arms or some other design approved by the Minister.
Seals. 75. (1) Each Council shall have an official seal which shall
include the coat-of arms of the locality for which it is responsible.
(2) Any person making unauthorised use of the seal shall
commit an offence and shall be liable on conviction to a fine
( ammenda ) of fifty liri:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher penalties which in no case shall
exceed a fine ( ammenda ) of one thousand liri.
Councils may 
adopt historical 
names.
76. A Council may petition the Minister to be allowed to adopt
and use any name historically used for representatives of the
particular locality, or of a city which forms part of the locality.
Councils not to 
have broadcasting 
facilities.
77. (1) Notwithstanding the provisions of any other law,
Councils shall not have the right to apply for any licence to
broadcast any programme.
Cap. 350.
(2) For the purposes of subarticle (1), "broadcast" has the same
meaning assigned to it by article 2 of the Broadcasting Act.
Publication of the 
First, Second and 
Ninth Schedules.
Amended by:
XXI.1999.35;
XVI. 2003.24.
78. The First, Second and Ninth Schedules shall be published
with the Maltese text only and such Schedules shall apply also to
the English text of this Act.
Twinning.
Added by:
XXI.1999.36.
79. A Local Council shall have the right to make twinning
arrangements with any city, town, village or other locality in any
other country:
Provided that any twinning between a city, town or village
and another locality in any other country shall require the approval
of the Minister which shall be given after the Association has given
the Minister its opinion on such proposed twinning:
Provided also that in establishing the twinning of localities,
consideration shall be given to the status of the localities in the
other country with which twinning is being proposed, such that the
capital or a former capital city of Malta shall only be twinned with
a capital or a former capital of another country, and a city shall, as
far as possible, only be twinned with another city.
Functions of the 
Director.
Added by:
XXI.1999.36.
80. The Director shall -
( a ) facilitate the effective and efficient functioning of
Local Councils in full respect of the autonomy granted
to Local Councils by this Act;
( b ) assist the Minister in carrying out the functions
assigned to him by this Act and for such purpose to
issue forms, procedures, guidelines, directions or other
instruments as may be necessary; and
( c ) perform such other functions, not being incompatible
with the autonomy granted to Local Councils by this
    LOCAL COUNCILS   ġ CAP. 363.   31
Act, as the Minister may from time to time direct.
Amended by: 
L.N. 170 of 1995; 
L.N. 28 of 1996; 
L.N. 97 of 1996;
L.N. 205 of 1996;
L.N. 107 of 1997;
XXI.1999.37;
L.N. 7 of 2001.
FIRST SCHEDULE *
(Article 74)
Coats-of-Arms
Amended by:
L.N. 87 of 1998;
XXI.1999.38.
SECOND SCHEDULE *
(Article 2)
Localities and their Boundaries
* See  Maltese text.
  32      CAP. 363. ħ                LOCAL COUNCILS
Local Councils  ( Elections )   Regulations, 1993
ARRANGEMENT OF REGULATIONS
Amended by:
XXI. 1999.3, 41;
XVI. 2003.24.
THIRD SCHEDULE
(Articles 5, 8, 9, 23)
Regulations
PART I. General Provisions 1-6
PART II. The Local Councils’ Electoral Register 7-14
PART III. Election Notice, Voting Documents and Ballot Papers  15-21
PART IV. Nomination of Candidates 22-25
PART V. Assistant Commissioners  26-29
PART VI. Voting 30-47
PART VII. Voting in Retirement Homes  48-52
PART VIII. Counting of Votes 53-62
PART IX. Ballot Paper Account Reconciliation  63-71
PART X. Counting and Sorting of Votes  72-87
PART XI. Casual Vacancies 88-92
PART XII. Illegal Practices  93-103
PART XIII. Corrupt Practices 104-108
PART XIV. Excuse for Corrupt and Illegal Practices  109-111
PART XV. Grounds for Avoiding Elections 112-113
PART XVI. Publication of Results in each Locality  114-116
PART XVII. Penal Provisions 117-122
PART XVIII. Saving as to Right of Political Parties  123-124
SCHEDULES
FIRST SCHEDULE Form of Oath of Office to be taken by the Electoral
Commissioners 
SECOND SCHEDULE Form of Application for a Person who is not a Citizen of Malta
for Registration as a Voter for Local Councils
THIRD SCHEDULE Form of Corrections or Transfers (Local Councils)   for a
Person who is not a Citizen of Malta
FOURTH SCHEDULE Form of Application for a Person who is not a Citizen of Malta
for the Correction of Designation or Address (Local Councils)
FIFTH SCHEDULE Form of Application by Female Electors who are not Citizens
of Malta for the Correction of Surname and Address in
consequence of Marriage (Local Councils)  
SIXTH SCHEDULE Form of Notice by the Electoral Commission 
SEVENTH SCHEDULE Form of Voting Document 
EIGHTH SCHEDULE Form of Ballot Paper 
NINTH SCHEDULE Form of Nomination Paper
TENTH SCHEDULE Form of Oath to be taken by Principal Assistant Electoral
Commissioners and Assistant Electoral Commissioners
    LOCAL COUNCILS   ġ CAP. 363.   33
ELEVENTH SCHEDULE Form of Oath which an Assistant Commissioner may
administer to a Voter 
TWELFTH SCHEDULE Declaration of Result of Poll 
THIRTEENTH SCHEDULE Return of Election Expenses 
FOURTEENTH SCHEDULE Form to be affixed in each Polling Booth
  34      CAP. 363. ħ                LOCAL COUNCILS
PART I 
General Provisions
Short Title. 1. These regulations may be cited as the Local Councils
(Elections)   Regulations, 1993.
Interpretation. 2. (1) In these regulations, unless the context otherwise
requires:
"Act" means the Local Councils Act;
"Commission" shall mean the Electoral Commission established
by article 60 of the Constitution;
"election" means an election for Local Councils;
Cap. 354.
"Electoral Office" means the Electoral Office established by
article 11(1)   of the General Elections Act;
"House" means the House of Representatives established by the
Constitution;
Cap. 258.
"identity card" means a document which is an identity card for
the purposes of the Identity Card Act;
Cap. 363.
"Local Council" shall mean the Local Councils established by
the Local Councils Act;
"political party" shall, for the purposes only of regulation 6,
mean any person or group of persons who, having contested the
general elections for members of the House of Representatives
under one name, is represented in the House by at least one
member, and in all other cases "political party" shall mean any
person or any group of persons contesting the election of a Local
Council as one group bearing the same name provided that the
rights and obligations of such party shall be limited to the election
of the Local Council for which such party is contesting;
"polling booth" means the room wherein voters attend on the day
of the poll to receive and mark a ballot paper and insert the same in
a ballot box;
"polling place" means the school, building or other complex or
structure wherein one or more polling booths are situated and shall
include the grounds, if any, of such complex or structure;
"voting document" means the voting document which is to be
forwarded to voters in terms of regulation 17.
(2) Whenever by these regulations a penalty is attached to the
performance of any act "before, during or after", an election, no
account shall be taken of anything done earlier than:
( a ) in the case of any election held in consequence of the
dissolution of the Local Council in terms of article 22
of the Act, the issue of the notice setting the date of the
election;
( b ) in the case of any election held in consequence of the
expiry of the term of the Local Council in terms of
article 8 of the Act, three months before the date of
such expiry.
    LOCAL COUNCILS   ġ CAP. 363.   35
Extension of 
periods of time.
3. (1) Where any period of time prescribed by any of the
provisions of these regulations for carrying into effect any
procedure is, in the opinion of the Electoral Commission,
insufficient for the purpose, the Electoral Commission may, by
notice published in the Gazette, extend such period as it may deem
necessary.
(2) Where the first day prescribed for any procedure falls on a
Sunday or other public holiday then such period shall commence to
run on the first working day following such Sunday or other public
holiday.
(3) When the last day prescribed for any procedure falls on a
Sunday or other public holiday then such period shall end on the
first working day following such Sunday or public holiday and the
date of the commencement of any subsequent period which is timed
to run from such period shall be deferred accordingly.
Oath to be taken by 
commissioners.
4. The commissioners shall, on their appointment, take before
the Attorney General the oath of office set out in the First
Schedule.
Powers of 
commissioners.
5. (1) In the execution of their duties under these regulations,
the commissioners shall, in the absence of any express provision
contained in these regulations, do all such things as appear to them
to be necessary for the performance of their duties.
(2) In the execution of their duties under these regulations, the
commissioners shall have the powers conferred by law on the
Courts of Magistrates for the purpose of enforcing order at their
sittings and ensuring the respect due to them.
Party Delegates.
two delegates (hereinafter referred to as the "party delegates")   to
the Commission.
(2) Party delegates shall represent the political party
nominating them with the Commission and shall have the right in
general to be informed of all sittings of the Commission and
decisions taken thereat.
(3) The party delegates shall notwithstanding the provisions of
any other law, have full and free right of access to the Electoral
Office, to all records kept therein and to check, verify and obtain
any information regarding the work of the Electoral Office;
provided that the Commission shall have the right to nominate an
official of the Commission to accompany such delegates at all
times.
(4) The party delegates shall continue in office until removed
by the political party nominating them.
(5) Party delegates shall have the right to seek and obtain from
the commissioners as well as from any other official connected
with the running, supervising or security of the elections or of any
aspect thereof, information showing whether or not such persons
are taking adequate measures to comply with the provisions of
these regulations in the forthcoming elections, and the
  36      CAP. 363. ħ                LOCAL COUNCILS
commissioners or such other persons shall, notwithstanding any
other law or regulation, be bound to furnish such information
immediately.
(6) Notwithstanding any provision in these regulations granting
party delegates and political parties the right to seek and obtain
information or their right to be given copies of documents and lists
by the Commission or by government departments, such right shall
not include the right of access to medical records or to adoption
records of voters and the right to be made aware prior to the day of
the poll of security features relating to ballot papers, voting
documents and the official mark used by the Commission on ballot
papers. Where the information, documents or lists are of a
confidential nature the party delegates shall have the same
obligations as to secrecy as the person from whom such
information, documents or lists are obtained.
(7) Party delegates shall have the right to ask that information,
documents and lists which the Commission should forward to them,
be forwarded in such electro-magnetic format as the Commission
can reasonably supply through the use of its equipment.
PART II
The Local Councils’ Electoral Register
Regulations 7 to 14 were revoked by Act XXI.1999.41
PART III
Election Notices, Voting Documents and Ballot Papers
Election Notice. 15. (1) Whenever an election is to be held, the Electoral
Commission shall issue a Notice, hereinafter referred to as "the
Notice" in the form set out in the Sixth Schedule.
(2) The Commission shall issue such Notice at least thirty-five
days before the day fixed for the election and shall cause it to be
published in the Gazette.
Notice to be 
published by 
commissioners.
16. On the day following the publication of the Notice, the
commissioners shall further cause a notice or notices to be
published in the Gazette stating:
Cap. 354.
( a ) the place where, and date and time when, the
commissioners will be in attendance to receive
nominations of candidates for election as councillors,
and any objections to such nominations, such place
being referred to in the General Elections Act as the
Electoral Office. The time during which nominations
of candidates for election may be made shall be three
days and shall not commence to run before six days
from the date of the publication of the notice referred
to in this regulation, and the time during which
objections to such nominations may be made shall be
two days from the expiration of the time fixed for the
    LOCAL COUNCILS   ġ CAP. 363.   37
receipt of nominations;
( b ) the places where, and the days and hours when voting
shall be held. Voting shall not take place before the
expiration of three days from the date of the
publication of the notice referred to in regulation
24(3);
( c ) the place to which the ballot boxes shall be taken by
the assistant commissioners after the close of voting,
which shall also be the place where the Commission
shall store the ballot boxes and count the votes cast,
such place being, as far as practicable, in the locality
itself and, if possible, the place used as the polling
place or one of the polling places in that locality;
( d ) the date and time when the ballot boxes shall be
opened and the counting of votes shall take place.
Voting document.
the Commission shall forward to each voter, whose name appears
in the last revised Local Councils’ Electoral Register, a document
hereinafter referred to as the "voting document" in the form set out
in the Seventh Schedule and made of such material and in such
manner as in the opinion of the Commission provides adequate
security against forgery. Voting documents shall be numbered
consecutively, each document having such distinctive number
stamped on the face of it:
Provided that wherever the Commission is satisfied that a
person whose name appears on the Local Councils’ Electoral
Register is dead, the relative voting document shall not be
forwarded, and where such voting document has been forwarded
the Commission shall withdraw it:
Provided further that the Commission shall not forward a
voting document to any voter in respect of whom the Commission
does not possess a photograph, and in respect of such voters the
Commission shall follow the following procedure:
(i) within five days of the publication of the Notice,
the Commission shall publish in the Gazette a
list of the said voters stating their name,
surname, place of residence and identity card
number;
(ii) the names of such voters shall not be published
in the list mentioned in subregulation (5);
(iii) the voting document of such voters shall only be
issued if the voter satisfies the requirements of
regulation 18 and shall be in accordance with the
provisions of that regulation.
(2) The political parties shall be granted all reasonable
facilities to watch the printing of all voting documents, to check the
exactness thereof and generally to ensure that only voting
documents of voters entitled to receive them are printed.
(3) The voting documents printed in accordance with the
  38      CAP. 363. ħ                LOCAL COUNCILS
previous paragraph of this regulation shall, until such time as they
are forwarded to voters, be kept in boxes sealed with the seal of the
Commission. The party delegates shall have the right to affix their
own seals to such boxes and to be present whenever such seals are
broken. This regulation shall  mutatis mutandis  also apply with
regard to the voting documents which remain undistributed, in
terms of subregulation (4), when voting documents are issued in
terms of subregulation (6), and to the voting documents which
remain undistributed.
(4) The voting document shall be served on each voter by a
police officer or by registered post or by any other person
appointed for the purpose by the Commission, and such document
shall be deemed to have been served by delivery to the person to
whom it is addressed, or to an adult person, who either resides at
the same address or is in his employment, at the address of the
voter as shown in the Local Councils’ Electoral Register.
(5) When the commissioners are unable to effect service of the
document aforesaid they shall as soon as possible, and in no case
later than three days from the time established in subregulation (1),
publish in the Gazette a list containing the names, identity card
number and addresses of the persons on whom the voting document
has not been served, and shall state the reason why service has not
been effected.
(6) Any person on whom the voting document has not been
served and whose name appears in the list published in accordance
with the preceding paragraph, may up to the Thursday immediately
preceding the day of the voting, appear personally before one of the
commissioners or any other person delegated by them and claim
delivery of the document:
Provided that the document aforesaid shall not be delivered
to him unless he produces his identity card to the commissioners or
the person delegated by them.
(7) Any of the commissioners or other person delegated by
them may examine on oath any person for the purpose of
ascertaining his identity and of establishing his claim to receive the
document.
Special voting 
document.
18. Where a person whose name appears in the last revised
Local Councils’ Electoral Register, but not in the list published
under regulation 17(5), has not received the voting document or,
after the receipt of such document, has lost or destroyed such
document, such person may not later than 6.00p.m. of the
Wednesday immediately preceding the commencement of voting,
appear before one of the commissioners, and if - 
( a ) he proves his identity by the production of his identity
card; and
( b ) makes a declaration on oath before any such
commissioner that he has not received the voting
document or that, after the receipt of such document,
he has lost or destroyed it, and such further
declarations on oath as the commissioner may require, 
    LOCAL COUNCILS   ġ CAP. 363.   39
he shall be given a voting document issued specially for the
purpose; and in any such case:
(i) the name of such person appearing on the list
referred to in regulation 34(1) shall be marked
"SPECIAL"; and
(ii) a list of all the persons to whom a voting
document is issued under this paragraph shall be
kept at the Electoral Office and shall be open to
inspection by any candidate, party agent or party
delegate at all reasonable times until the poll
closes.
Number of voting 
documents.
19. (1) Not later than the Friday before the start of the poll,
the commissioners shall cause to be published in the Gazette a list
indicating the number of voting documents printed, the number
distributed in terms of regulation 17(1), the names and addresses of
the persons who up to that time have claimed delivery thereof in
terms of regulation 17(6), the number of voting documents issued
in terms of regulation 18 and the name, address and identity card
number of the persons to whom such documents have been
delivered, the number and reasons for voting documents withheld
and the names, addresses and identity card numbers of the voters
concerned and the number of voting documents remaining
uncollected and the names, addresses and identity card numbers of
the voters concerned.
(2) Any political party shall have the right to nominate
representatives to be present during the issuing of the voting
documents in terms of regulation 17(6) and regulation 18 and for
this purpose the said parties shall be provided by the Commission
with all such information as is required by them and as they may
deem necessary for the better performance of their duties.
Ballot Paper.
Commission shall cause to be published in the Gazette the number
of ballot papers printed for each locality and the number to be
distributed to each individual polling booth.
(2) The Commission shall ensure as far as is practically
possible that ballot papers are made of such security paper and
carry such markings as to ensure that they may not be duplicated.
(3) The ballot paper of each voter shall consist of a paper in the
form set out in the Eighth Schedule, containing a list of candidates
described by the name (including any nickname), address and
profession or occupation as given in their respective nomination
paper and as approved by the electoral commissioners.
(4) Within each locality candidates shall be arranged by
political party and, within each party group alphabetically in the
order of their surname. If there are two or more candidates of one
party with the same surname, they will be arranged in order of their
other name or names.
(5) Every political party contesting the election shall provide
the Commission with the names of the candidates contesting the
  40      CAP. 363. ħ                LOCAL COUNCILS
election in its own interest in each locality. Such list shall be
conclusive evidence as to whether a particular candidate belongs to
that political party.
(6) If supplied by the party to which he belongs, there may be
printed on the ballot paper opposite the name of each candidate
belonging to that party any badge or device, approved by the
Electoral Commission, indicating the political party, if any, to
which the candidate belongs, or otherwise calculated to assist the
identification of the candidate by the voter.
(7) Parties will be placed on the ballot paper in alphabetical
order.
Distribution of 
Ballot Papers.
21. (1) On the day or days as near as practicable to the day of
voting, the Commission shall prepare in different packets the ballot
papers and all other documents and materials to be consigned to the
assistant commissioners on the day of voting.
(2) The Electoral Commission shall retain possession of all
packets until the day of the poll when it shall deliver the same to
the assistant commissioners prior to the start of voting.
(3) Representatives of the political parties shall be granted all
reasonable facilities to oversee the printing and checking of all
ballot papers, the packing thereof and their distribution to the
assistant commissioners, and to affix their seals to all packets
prepared by the Electoral Commission for delivery to the assistant
commissioners.
PART IV 
Nomination of Candidates
Nomination of 
Candidates.
22. (1) A candidate for election shall be nominated in writing.
The nomination paper, which shall be in the form set out in the
Ninth Schedule, shall be signed by the candidate himself (or, in the
event of his absence from Malta, by a duly appointed
representative)   and by, at least, four voters registered in the locality
for which the candidate is nominated. The nomination paper shall
be delivered to one of the commissioners at the Electoral Office by
the candidate himself or if he is prevented by illness or absence
from Malta by his lawful representative within the period specified
in the notice referred to in regulation 16.
(2) Immediately after a nomination paper has been delivered to
the Commission the name of the candidate shall be posted at the
entrance of the Electoral Office with an indication of the locality
for which the candidate was nominated.
(3) Objections may be made to a nomination on the ground that
the description of the candidate is insufficient to identify the
candidate, that the nomination paper does not comply with, or was
not delivered in accordance with the provisions of the Act or of
these regulations or that the deposit prescribed by regulation 23 has
not been paid:
    LOCAL COUNCILS   ġ CAP. 363.   41
Provided that no such objection may be made after the
expiration of the time fixed for the making of such objection in the
notice referred to in regulation 16.
(4) Every objection shall be in writing and signed by the
objector and shall specify the ground of the objection. The
Commission itself may lodge an objection.
(5) The commissioners shall, not later than the day following
the expiration of the time fixed for the receipt of objections, decide
on the validity of every objection and inform the candidate to
whose nomination the objection relates or his lawful representative
of their decision and, if the objection is allowed, of the ground of
their decision. The decision of the commissioners, if disallowing an
objection, shall be final, but if allowing an objection shall be
subject to appeal to the Court of Appeal by writ of summons filed
in contestation with the commissioners not later than twenty four
hours after the Commission has communicated its decision to the
candidates and the Court of Appeal shall deal with such writ of
summons with the utmost urgency.
(6) For the purpose of this regulation, any voter may ask the
commissioners to be allowed to see and examine any nomination
paper accepted by them.
Deposit by 
candidates at 
elections.
23. (1) A candidate at any election shall deposit, or cause to
be deposited on his behalf, with the Commission, before his
nomination can be accepted, the sum of forty liri, and if he fails to
do so, the nomination shall not be accepted by the commissioners:
Provided that the Minister may, from time to time, by
notice in the Gazette specify a higher amount which in no case shall
exceed three hundred liri.
(2) If after the deposit is made the candidature is withdrawn in
pursuance of the provisions of these regulations, the deposit shall
be returned to the person by whom it was made; and if the
candidate dies after the deposit is made and before the voting has
commenced, the deposit, if made by him, shall be returned to his
heirs and if not made by him, shall be returned to the person by
whom it was made.
(3) If a candidate who has made the required deposit is not
elected, and the number of votes polled by him does not exceed
one-tenth of the number of votes polled divided by the number of
councillors to be elected for that locality, the amount deposited
shall be forfeited and paid by the commissioners into the
Consolidated Fund but in any other case the amount shall be
returned to the candidate, where the candidate is elected, as soon as
he has taken the oath as a councillor, and where the candidate is not
elected, as soon as practicable after the result of the election is
declared.
(4) For the purpose of this regulation the number of votes
polled by a candidate shall be the highest number of votes credited
to him at any time during the counting of the votes.
  42      CAP. 363. ħ                LOCAL COUNCILS
Uncontested and 
contested 
elections.
24. (1) If at the expiration of the time fixed for the receipt of
nominations, the number of candidates nominated for a locality is
equal to or less than the number of councillors that the voters in
such locality are entitled to return, the commissioners shall declare
the candidates so nominated as elected councillors to represent that
locality and such return shall be published in the Gazette.
(2) If the number of candidates nominated for a locality is less
than that which the voters in that locality are entitled to return, the
Commission shall issue a new Notice for the election of councillors
to fill the remaining vacant seats in that locality, and if thereupon
no further candidates are nominated, or if the number of candidates
nominated is less than the number of vacant seats, the seats
thereafter remaining vacant may be filled by the co-option of a
councillor or councillors by the elected councillor or councillors of
the locality and the Commission shall not issue a new Notice in
respect thereof. The councillor or councillors so co-opted must
have the qualifications established in article 11 of the Act.
(3) If more than such number of candidates as aforesaid be
nominated for a locality, the commissioners shall cause a notice to
be published in the Government Gazette over their signature stating
the names of the candidates and the locality for which they have
been nominated. No person whose name has not been published in
the said notice may be elected as a councillor.
Withdrawal of 
candidature.
25. A candidate may, during the time prescribed for
nomination, withdraw his candidature by giving notice to the
Commission to that effect. Such notice shall be signed by the
candidate or if he is absent from Malta, by his duly appointed
representative.
PART V
Assistant Commissioners
Appointment of 
assistant 
commissioners.
26. (1) Subject to the provisions of the following regulations
of these regulations the Commission shall appoint as many
assistant electoral commissioners hereinafter referred to as
"assistant commissioners" as may be necessary, to supervise the
election in the manner herein prescribed. No assistant
commissioner shall be appointed to supervise the poll in a locality
in which he resides, or in a locality bordering that in which he
resides or where he habitually works or exercises his profession or
calling.
(2) The assistant commissioners shall take the oath of office as
set out in the Tenth Schedule, before one of the commissioners and
shall follow the instructions which they may receive from the
Electoral Commission for the discharge of their duties.
Nomination of 
assistant 
commissioners.
27. (1) Every political party shall, within seven days of
publication of the Notice, be entitled to nominate a number of
persons, equal to one and a half times the number of polling booths,
to act as assistant commissioners, and to the extent that such
persons have the necessary ability to perform the functions of
    LOCAL COUNCILS   ġ CAP. 363.   43
assistant commissioner and are not disqualified from so acting by
the provisions of these regulations, the Commission shall appoint
assistant commissioners from amongst such persons.
(2) The Commission shall moreover itself nominate as assistant
commissioners such number of persons as is necessary in order that
in each of the polling booths there be in attendance at all times at
least one person nominated by the Commission to act as assistant
commissioner.
(3) In no case shall there be less than three assistant
commissioners nominated to supervise the poll in each polling
booth and should all or any of the political parties fail to nominate
all or any assistant commissioners in terms of and within the time
established in subregulation (1), the Commission shall itself
nominate other assistant commissioners in order to ensure that, at
least, three assistant commissioners are in attendance in each
polling booth.
(4) For the purpose of the time established in subregulation (1),
the Commission shall not later than two days after the publication
of the Notice inform the parties of the number of assistant
commissioners that each party will be required to nominate.
Disqualifications 
and publication of 
names of assistant 
commissioners.
28. (1) A person shall not be an assistant commissioner if he
is a candidate for election to the Local Councils, or is a relative by
consanguinity or affinity up to the second degree to any candidate
for election, or is manifestly in the opinion of the Commission,
after consulting the party delegates, unsuitable to perform the
functions of assistant commissioner.
(2) Within two days following the day mentioned in regulation
27(1) the Commission shall deliver to the political parties a list of
all persons nominated to act as assistant commissioners indicating
their names, identity card numbers, addresses and occupation.
Objection to 
assistant 
commissioners.
29. (1) The political parties, not later than two days after the
day mentioned in regulation 28(2), shall have the right to object in
writing to the Commission with respect to the appointment of any
person as assistant commissioner on any of the grounds mentioned
in regulation 28(1).
(2) Where an objection is received by the Commission in terms
of the preceding paragraph of this regulation, it shall, not later than
the next following day, call a meeting of the party delegates to
discuss such objections.
(3) Any objection made in accordance with the preceding
paragraphs shall be determined by the Commission. The
determination by the Commission shall be final and binding on all
concerned. Where after hearing such objections the Commission
determines that a person nominated by a political party to be
appointed as an assistant commissioner shall not be so appointed,
the political party which had nominated that person shall have the
right to nominate another person in his stead.
(4) The fresh nominations mentioned in the preceding
paragraph of this regulation shall be made immediately after the
  44      CAP. 363. ħ                LOCAL COUNCILS
determination of all the objections: The times mentioned in
subregulations (1)   and (2)   shall apply to objections to persons
nominated as assistant commissioners in terms of subregulation (3),
and if any objection is received and upheld by the Commission, the
Commission itself shall appoint another person to be assistant
commissioner in his stead and such appointment shall be final and
no objection may be made in respect thereof.
(5) Upon final determination of all objections the Commission
shall assign the assistant commissioners to the various polling
booths; such distribution shall be made in such manner as to ensure
that in each polling booth there is, at least, one assistant
commissioner nominated by the Commission and one assistant
commissioner nominated by each party contesting the election in
that locality:
Provided that where a political party has not nominated a
sufficient number of persons to be appointed assistant
commissioners, the Commission shall only be required to assign, in
respect of that political party, such assistant commissioners as have
been nominated by it and appointed assistant commissioners.
(6) The Commission shall, within two days of the final
determination referred to in the preceding subregulation, cause a
list to be published in the Gazette showing the name, address,
identity card number and occupation of each assistant
commissioner appointed, the polling booths to which each has been
assigned, and indicating the assistant commissioners who are
assigned but held in reserve.
(7) After the final distribution of all assistant commissioners
and up to the end of voting, the Commission alone shall have the
right to substitute assistant commissioners and then only for grave
and sufficient reasons and in such manner as to ensure that where
the assistant commissioner substituted is one nominated by a
political party, his substitute shall be a person nominated by the
same party, provided a sufficient number of assistant
commissioners have been nominated by that party.
PART VI 
Voting
Appointment of 
party agents.
30. (1) Every political party shall have the right to nominate
as its agents such number of persons as is equal to the number of
ballot boxes and such persons are in these regulations referred to as
"party agents".
(2) The party agents so nominated shall have the right to be
present in the polling booths prior to the start and at the close of the
poll for the purposes provided for in these regulations.
(3) Political parties exercising the right granted to them by
subregulation (1)   shall forward a list to the Commission containing
the names of the persons nominated by them as its agents not later
than the day appointed for the nomination of assistant
commissioners in terms of regulation 27.
    LOCAL COUNCILS   ġ CAP. 363.   45
(4) Notwithstanding anything contained in these regulations,
the political parties may nominate as party agents the same person
or persons whom they have nominated as assistant commissioners.
Persons guilty of 
corrupt practices 
not to be appointed 
agents.
Cap. 354.
31. No person shall be appointed party agent who has within
seven years previous to such appointment been found guilty of any
corrupt practice under these regulations or under the General
Elections Act, or is determined by the Commission to be manifestly
unsuitable to act as such.
Identification of 
party agent.
32. (1) Together with the name, address and identity card
number of the party agent, the political party shall forward to the
Commission a passport size photograph of the agent, and the
commissioners shall not later than seven days before the start of the
voting forward to such agent a tamper proof identity document
bearing the photograph of the agent franked with the seal of the
Commission and indicating the name, address and identity card
number of the agent and by whom he has been nominated. The
identity documents as issued shall be progressively numbered and
shall be worn in a conspicuous manner by the agent concerned in
the exercise of his functions.
(2) Within the time established in the preceding paragraph of
this regulation, the Commission shall forward to the political
parties and post at the entrance of the Electoral Office a list of the
names, addresses and identity card numbers of all party agents
nominated indicating with respect to each one of them by whom he
has been nominated and the progressive number of the identity
document issued to him.
Polling places.
not more than one polling place for each locality and shall ensure
that, as far as possible, that polling place is within the locality. In
each polling place, the Commission shall provide as many polling
booths as possible.
(2) The Commission shall, as far as possible, provide facilities
so that handicapped persons, including persons in wheelchairs, may
vote in comfort.
Polling booths and 
polling days.
34. (1)( a ) In each polling booth a list of voters entitled to vote in
that polling booth together with copies of the
photograph of each voter shall be kept by the assistant
commissioners. Every page of such list and every
correction or cancellation thereon shall be signed by a
commissioner and a party delegate of each political
party, or persons nominated by them in writing.
( b ) Copies of such lists without photographs shall be
forwarded by the Commission to all political parties
contesting the election at least fifteen days prior to the
day fixed for voting and the Commission shall keep
the political parties informed of all changes effected to
such lists. The lists shall identify the polling booth
where each voter entitled to vote shall exercise his
right to vote, shall list the voters who are to vote in
  46      CAP. 363. ħ                LOCAL COUNCILS
each polling booth in alphabetical order according to
the surnames of the voters, assigning to each voter a
distinct and consecutive number and indicating the
name, surname, address and identity card number of
each voter as well as the registered number of the
respective voting document of each voter.
( c ) The name of every voter who delivers a valid voting
document and to whom a ballot paper is delivered by
the assistant commissioners shall be marked on such
list kept for the purpose by the assistant
commissioners and in such manner as is directed by
the Commission.
(2) Voting shall be held on a Saturday. Voting shall start at
7.00 a.m. and shall close at 7.00 p.m.:
Provided that every voter who at the close of time of voting
is present in a polling place for the purpose of voting, shall be
entitled to receive a ballot paper and to vote:
Provided further that, where the Commission are satisfied
that the time allowed for voting has been, or will be, for any reason
beyond their control, reduced at all or in any one or more of the
places, they may, whether before or after the poll has commenced,
extend the time fixed for the poll at such polling place or places so
as to make good for the time lost, as aforesaid:
Provided moreover that, where all persons who have had a
voting document delivered to them, such voting document not
having been withdrawn, have voted in a polling booth or locality,
the Commission may close the voting in that polling booth or
locality before the stipulated time:
Provided further that where such election shall coincide
with a general election, referendum or European Parliament
election, the time of closure of voting shall be extended and be the
same as the time of closure of voting for general elections,
referenda or European Parliament elections as the case may be.
(3) In each polling booth the Electoral Commission shall
provide a number of separate cubicles wherein each voter may
record his vote and in each cubicle shall provide such facilities as it
deems necessary including, however, a notice in the form specified
in the Fourteenth Schedule.
Maintenance of 
order within 50 
metres of each 
polling place.
35. During the time fixed for voting at any polling place, no
person, other than a person waiting to vote, shall loiter within a
distance of fifty metres from that polling place nor shall any person
within the said distance of fifty metres make political propaganda
in any manner. Any club, shop or other public establishment within
such distance shall be kept closed on polling day.
36. No person shall congregate during voting, in any street,
square or other place, leading from the place of residence of any
voter to any polling place, in such numbers or otherwise in such
manner as to be likely to intimidate any voter, or to obstruct his
approach to or from a polling place, or to lead to a breach of the
    LOCAL COUNCILS   ġ CAP. 363.   47
peace.
Ballot boxes and 
documents for 
polling booths.
37. The Commission shall on the day of the poll deliver to the
assistant commissioners for each polling booth one or more ballot
boxes, a sufficient number of ballot papers, lists of the voters
entitled to vote at that polling booth and other relevant documents
and materials.
Checking of ballot 
boxes by party 
agents and party 
delegates.
38. (1) Immediately prior to the start of voting the assistant
commissioners shall, in the presence of any candidate or party
agent or party delegate as may be present, check that the ballot
boxes consigned to them are empty by opening the ballot box and
shall thereupon seal the lid thereof with the seal of the Commission
and allow any candidate, party agent or party delegate to affix his
own seal thereto.
(2) For the purpose of this regulation, where the assistant
commissioners determine that because of lack of space, not all the
seals may be conveniently placed, they may direct that not all seals
shall be so affixed ensuring however that each political party will
be given the opportunity to affix at least one seal on each ballot
box.
Voting.
booth, specified in the voting document received by him and shall
deliver such document to an assistant commissioner at such polling
booth during the hours appointed for voting.
(2) No person shall be allowed to vote unless he produces and
delivers the voting document to the assistant commissioners.
(3) No inquiry shall be permitted at the time of voting as to the
right of any person to vote, so long as the name of such person is
included in the list referred to in regulation 34(1), but the assistant
commissioners may, before the delivery of the ballot paper to a
voter, put to him such questions as they may deem proper to satisfy
themselves of the identity of such voter.
(4) The assistant commissioners, upon the production and
delivery to them of the voting document and having satisfied
themselves of the identity of the voter, shall strike out the name of
the voter from the list aforesaid and shall deliver to him, after
marking it with official marks, a ballot paper. For the purposes of
these regulations, "official mark" shall mean the stamp which the
Commission shall direct the assistant commissioners to use; so
however that each political party may direct the assistant
commissioner nominated by it to use a stamp of its own to mark the
ballot papers, provided that an imprint of the stamp so used is
deposited with the Commission prior to the start of the poll; such
stamp shall not be necessary for the validity of the ballot paper.
(5) The assistant commissioners may at their discretion
administer an oath to any voter in the form set out in the Eleventh
Schedule to these regulations.
(6) Any person refusing to answer any questions put to him
under subregulation (3)   or to take the oath referred to in
subregulation (5)   shall not be permitted to vote.
  48      CAP. 363. ħ                LOCAL COUNCILS
(7) The assistant commissioners shall not refuse a ballot paper
to any person whose name is included in the list referred to in
regulation 34(1) and otherwise satisfies the requirements of this
regulation, unless the person so claiming to vote, upon being
questioned under this regulation, appears to the assistant
commissioners not to be the person whose name is on the aforesaid
list or to have previously voted at the same election.
(8) The assistant commissioners shall keep a written record of
the taking of any oath administered to any person under this
regulation, and of their refusal to allow any person to vote.
(9) No voter shall be allowed to vote except at the polling
booth specified in the voting document produced by him for
purposes of voting. 
(10) A voter, who has inadvertently spoilt his ballot paper may,
on delivering the spoilt ballot paper to the assistant commissioner,
and proving the fact of inadvertence to the satisfaction of the
assistant commissioner, obtain another ballot paper in its place and
the spoilt ballot paper shall be immediately cancelled.
Method of voting. 40. (1) Each voter shall have one transferable vote. 
(2) A voter, in recording his vote:
( a ) must place on his ballot paper the figure 1 opposite the
name of the candidate for whom he votes; and
( b ) may in addition indicate the order of his choice or
preference for as many other candidates as he pleases
by placing against their respective names the figure 2,
3, 4, 5 and 6 and so on in consecutive numerical order.
(3) A ballot paper shall be invalid in which:
( a ) the figure 1 standing alone indicating a first preference
for one candidate is not placed; or
( b ) the figure 1 standing alone indicating a first preference
is set opposite the name of more than one candidate; or
( c ) the figure 1 standing alone indicating a first preference
and some other number is set opposite the name of the
same candidate; or 
( d ) it cannot be determined with certainty for which
candidate the first preference of the voter is expressed;
or
( e ) any writing or mark is made by which the voter can be
identified; or
( f ) the official mark as defined in regulation 39(4) is not
made.
(4) A voter shall record his vote secretly inside a cubicle in the
booth provided for this purpose and constructed in such a manner
as not to allow the voter to be seen when marking his ballot paper.
After marking his ballot paper the voter shall fold the ballot paper
so as to conceal his vote and shall then put the ballot paper in the
ballot box in the presence of the assistant commissioners.
    LOCAL COUNCILS   ġ CAP. 363.   49
Illiterate or 
incapacitated 
voters.
41. (1) Any voter who declares to, and shows to the
satisfaction of, the assistant commissioners that he is unable by
reason of blindness, other physical cause or illiteracy to mark his
ballot paper, may request an assistant commissioner to mark the
paper on his behalf indicating for which candidate or candidates he
wishes to vote and the order in which he wishes to record his vote:
Provided that the voter may not ask for any particular
assistant commissioner to mark the ballot paper on his behalf.
(2) The assistant commissioners are bound to secrecy with
regard to the voting of persons whom they have assisted to vote.
(3) There shall be not less than two assistant commissioners
present when the vote is being recorded under the provisions of
subregulation (1), but no other person shall be allowed in the
polling booth.
(4) When an assistant commissioner is authorised to assist a
voter to record his vote, the assistant commissioner shall require
such voter to confirm his declaration on oath, and on satisfying
himself of the correctness of such declaration he shall record the
vote of such voter on the ballot paper, in accordance with the
indication made by such voter and following the procedure set
down hereunder:
( a ) The assistant commissioner shall ask the voter:
"Which of the candidates do you most desire to see
elected'" and shall place the figure 1 on the ballot
paper opposite the name of the candidate indicated by
the voter.
( b ) The assistant commissioner shall then ask the voter:
"For which of the candidates do you desire to express a
second choice'" and shall place the figure 2 on the
ballot paper opposite the name of the candidate
indicated by the voter.
( c ) The assistant commissioner shall repeat the operation
in reference to a third or any subsequent preference
until the voter shall declare that he does not desire to
express any further choice.
( d ) In order to assist such voters in indicating their
preferences, the electoral commissioners shall permit
the display in the polling places of photographs of the
candidates, if the same are supplied by the candidates
themselves or by a political party on their behalf. Each
photograph may bear, in addition to the name of the
candidate represented, the badge and name of the
party, if any, to which he belongs.
Such photographs shall be of such size and
description as the electoral commissioners may require
and shall be displayed in such manner as they shall
direct and in the order in which the candidates’ names
appear on the ballot paper.
( e ) At the commencement of these operations and at any
subsequent stage the assistant commissioner shall, if
  50      CAP. 363. ħ                LOCAL COUNCILS
desired by the voter, read out in the order in which
they appear on the ballot paper, the names of all
candidates for whom a choice has not already been
expressed by the voter.
( f ) If any such voter, however, shall request the assistant
commissioner to read out the names of the candidates
of one particular political party only, the assistant
commissioner shall do so by reading in alphabetical
order the names of the candidates who have supplied
an indication of their adhesion to that political party
and omitting the names of the other candidates.
Assistant 
commissioners not 
to see vote 
recorded.
42. While a voter is recording his vote, the assistant
commissioners shall keep at sufficient distance so as not to be able
to see the vote recorded.
Ballot paper not to 
be removed from 
polling place.
43. The assistant commissioners shall in no case permit any
person to take his ballot paper out of the room or out of their sight
until it is inserted into the ballot box.
Assistant 
commissioners not 
to make 
suggestions as to 
manner of voting.
44. Saving the provision of regulation 41, no assistant
commissioner or any other person shall record the vote for any
voter, or shall, at any polling place make any suggestion to him
directly or indirectly regarding the candidate or candidates for
whom he should vote or regarding his choice of preference.
No unauthorised 
person to enter 
polling place.
45. Except where otherwise stated in these regulations the
assistant commissioners shall not allow any person not being a
police officer on duty, or a person lawfully entrusted with some
duty in connection with the elections, or a person entitled to vote at
that polling place, to enter such polling place; nor shall they permit
any voter or other person to remain in the polling place longer than
necessary.
Closure of voting. 46. (1) After the expiration of the time fixed for voting or
where, in terms of the proviso to regulation 34(2) voting in a
polling booth or a locality has closed, the assistant commissioners
shall seal the opening of the ballot box, shall place in a packet all
unused and spoilt ballot papers and all printed or written records
kept by them, affixing their seal thereto, after stating and signing
on the said packet the number thereof, and shall place in a separate
packet all voting documents delivered to them. The official marks
used by the assistant commissioners including those used by the
assistant commissioners nominated by the political parties shall be
put in a separate packet which shall be sealed with the seal of the
Commission after all assistant commissioners have affixed their
signature thereto.
(2) For the purposes of the previous paragraph of this
regulation the assistant commissioners shall physically count and
reconcile the number of unused and spoilt ballot papers, the number
of persons marked as having voted on the list referred to in
regulation 34(1) and the number of voting documents delivered to
them.
(3) After the close of the poll and before the ballot boxes are
removed from the polling booths, the assistant commissioners shall
    LOCAL COUNCILS   ġ CAP. 363.   51
affix a notice on the door of each polling booth and signed by all
the assistant commissioners stating the number of voters entitled to
vote at that polling booth, the number of ballot papers received by
them from the Commission, the number of voting documents
delivered to them distinguishing as to whether they are ordinary or
special, the number of spoilt ballot papers and the number of
unused ballot papers being returned by them to the Commission
and the number of persons who have voted in that polling booth.
The said notice shall in this regulation be henceforth referred to as
the "ballot paper account".
A copy of the ballot paper account shall be delivered by the
assistant commissioners to each political party by handing it to any
candidate, party delegate or party agent representing such party as
may be present, and shall also be delivered to the Commission at
the place specified in regulation 16( c ) and the Commission shall
immediately thereon provide a copy to the party delegates.
(4) On completion of all the duties mentioned in the preceding
subregulation, the assistant commissioners shall deliver the ballot
box or boxes and all documents and packets entrusted to them to
the Commission at the place specified in regulation 16( c ).
(5) Party delegates, candidates and party agents shall have the
right to attend at the reconciliation and sealing of papers and
sealing of ballot boxes, mentioned in the preceding subregulations,
to affix their own personal seals to the packages containing the
papers and to the ballot boxes and shall, subject to the provision of
the following subregulations, be granted facilities to watch and
accompany the transportation of the ballot boxes from the polling
place up to their delivery to the Commission.
(6) ( a ) No more than one party agent from each political party
may be present in each polling booth at any one time
during the procedure for the sealing of ballot boxes.
( b ) The assistant commissioners shall ensure that
candidates, party agents or party delegates as may be
present shall be called in prior to their starting the
procedures outlined in the previous paragraphs of this
regulation for the sealing of ballot boxes and packets
and reconciliation.
( c ) The candidates, party agents and party delegates that
may be present shall be granted all reasonable
facilities to oversee, record and request recounts of all
the operations undertaken by the assistant
commissioners in terms of the previous paragraphs of
this regulation and without prejudice to the generality
of the above:
(i) to reconcile the number of persons who have
voted as stated in the ballot paper account with
the number of persons which the assistant
commissioners have struck off the list referred
to in regulation 34 and the number of voting
documents received by the assistant
commissioners;
  52      CAP. 363. ħ                LOCAL COUNCILS
(ii) to reconcile the names of the voters which the
assistant commissioners have struck off the list
referred to in regulation 34 with the names or the
voting documents received by them;
(iii) to record the names of the persons who have not
voted;
( d ) If a vehicle is to be used for the transportation of the
ballot box, and after all the procedures indicated in the
previous paragraph of this paragraph have been
completed, the assistant commissioners shall keep the
ballot box and all documents and packets in the polling
booth until such time as the vehicle designated by the
Commission for the transfer of the ballot boxes arrives
at the polling place. Any candidate, party agent or
party delegate as may be present shall also have the
right to remain at such polling booth.
( e ) During the transportation from the polling place to the
place designated by the Commission for the delivery
of ballot boxes in terms of paragraph (3)   of regulation
16 no more than one representative from each of the
political parties may board the vehicle designated by
the Commission for transportation.
( f ) The representatives mentioned in the previous
paragraph of this paragraph shall be designated by the
political parties within seven days of being notified by
the Commission of the number of persons to be
appointed, and shall be duly authorised by the
Commission and shall bear an identification document
similar to that required by regulation 32(1) and shall
have these names published in terms of regulation
32(2).
( g ) If no vehicle is to be used in the transportation of the
ballot box, the assistant commissioners, accompanied
by any candidate, party delegate or party agent as may
be present, shall, after all procedures indicated in the
previous paragraphs of this regulation have been
completed, carry the ballot box and deliver it to the
Commission in the place indicated in regulation 16( c ).
( h ) The refusal by any assistant commissioner to sign any
declaration or document shall not of itself invalidate
the contents thereof.
Assistant 
commissioners 
responsible for the 
maintenance of 
order.
47. The assistant commissioners shall keep order in the polling
place under their charge and shall be responsible for any
irregularity in the voting in that place in so far as such irregularity
could have been prevented by them.
PART VII
Voting in Retirement Homes
Retirement Home. 48. For the purposes of this Part, "a retirement home" means
    LOCAL COUNCILS   ġ CAP. 363.   53
such place or places principally used for the care of elderly persons
in which at least fifty voters reside and the residents thereof are
registered voters for that locality:
Provided that the provisions of regulation 49(3)( a ), of
regulation 50(1)( b ) and of regulation 51 shall not apply to
retirement homes not run or administered by the Government.
Sub-committee for 
retirement homes.
49. (1) Within twenty-four hours of the publication of the
Notice for the election of councillors, the Commission shall form a
sub-committee consisting of a commissioner, who shall act as
chairperson, and a representative of each of the political parties and
the Electoral Commission shall delegate to the sub-committee the
running of the election in all retirement homes.
(2) The sub-committee shall have the duty to ensure that no
undue pressure is brought to bear on voters in retirement homes,
that proper and adequate facilities are given to all political parties
to canvass such voters, that adequate arrangements for voting are
made in view of the special needs of such voters and that no
political party enjoys any unfair advantage.
(3) Without prejudice to the generality of the above provisions,
the sub-committee shall ensure that:
( a ) immediate steps are taken to temporarily remove and
substitute members of staff gravely suspected to have
attempted to influence voters;
( b ) arrangements are made for the receipt and proper
delivery of propaganda material and for canvassing
during visiting hours by candidates and political
parties contesting that locality;
( c ) complaints by political parties and/or candidates are
speedily investigated and rectified when found to be
justified.
Duties of persons 
responsible for the 
administration of 
retirement homes.
50. (1) Within three days of the publication of the Notice the
person responsible for the administration of a retirement home shall
send to the sub-committee:
( a ) a list of all persons resident at such retirement home,
indicating the name, identity card number, last known
address, age, ward or room number, name and address
of next of kin and whether registered as a voter in the
home address or otherwise;
( b ) a list of all staff at the retirement home indicating the
name, identity card number, address, grade and
working hours up to the day following the day fixed
for voting.
(2) On receipt thereof the sub-committee shall immediately
provide the political parties with copies of such lists.
(3) The administrator of every retirement home shall keep such
lists updated and shall immediately send to the sub-committee any
amendments thereto and the sub-committee shall immediately
inform the political parties of such amendments.
  54      CAP. 363. ħ                LOCAL COUNCILS
Cap. 446.
Cap. 9.
(4) Members of the staff in retirement homes are expressly
prohibited from engaging in propaganda for any political party or
candidate and any employee contravening this regulation shall be
guilty of an offence and shall on conviction be liable to the penalty
of general interdiction for a period of ten years and the provisions
of the Probation Act and of article 22 of the Criminal Code shall
not apply.
Voting  at 
retirement   homes.
51. (1) The voting documents of voters registered in
retirement homes shall be delivered to the voters personally. The
voter may opt to deliver the voting document to the administrator
of the home for safe-keeping, and such administrator shall return
the same to the voter on the day fixed for voting or on such earlier
day as may be requested by the voter.
(2) Voters in retirement homes shall have the option to proceed
to the polling place - 
( a ) without the assistance of any person;
( b ) with the assistance of members of the staff;
( c ) with the assistance of members of their families;
and it shall be the responsibility of the sub-committee to ascertain
the option chosen by each voter.
(3) Voters opting to be assisted by members of the staff shall
be accompanied by members of the staff chosen from a pool thereof
nominated in equal numbers by all the political parties, such
nominations being made at least ten days before the start of the
poll. Political parties shall have the right to demand, and the
Commission shall have the duty to ensure, that if the ordinary staff
at such homes is not sufficient for the purposes of this regulation
other persons are transferred to such homes for such purpose.
(4) Voters opting to be assisted by members of the staff or by
members of their families shall, notwithstanding any other
provision of these regulations be so accompanied up to the door of
the relative polling booth.
(5) During the day fixed for voting no person other than
members of the sub-committee, members of the staff and relatives
of patients who have been previously authorised to accompany
voters to vote, shall without the express authority of the
Commission, be allowed to enter retirement homes.
(6) Except with the special authorisation of the sub-committee,
no voter in a retirement home who has chosen the option to vote on
his own or to be accompanied by members of his family may be
taken to vote by members of the staff.
Direction by 
Electoral 
Commission. 
52. The sub-committee appointed in terms of regulation 49 of
these regulations shall function under the general direction of the
Commission and shall be bound to implement the decisions of the
Commission.
    LOCAL COUNCILS   ġ CAP. 363.   55
PART VIII 
Counting of Votes
Start of counting of 
votes.
53. The counting of votes for each locality shall take place at
the place and time specified in notices referred to in regulation
16( c ) and ( d ) and shall be conducted in accordance with the
provisions of these regulations. Counting shall commence for a
locality when all ballot boxes for that locality have been deposited
in the room designated for the purpose by the Commission, all
packets containing the papers and other material used by the
assistant commissioners have been delivered to the Commission
and neither ballot boxes nor packets have been declared to be in a
state that gives rise to the suspicion that they have been tampered
with.
Tampering with 
ballot boxes.
54. (1) Political parties contesting the elections shall have the
right to nominate a sufficient number of agents, to be determined
by the Commission, to oversee at all times the receipt of the ballot
boxes, documents and packets, by the Commission from the
assistant commissioners and the storage of the said ballot boxes,
documents and packets after the receipt thereof. These agents shall
henceforth in these regulations be referred to as "delivery agents".
(2) Party delegates, candidates and delivery agents shall have
the right to monitor the receipt of the ballot boxes by the Electoral
Commission from the assistant commissioners and to make
representations thereon.
(3) If any of the commissioners or any party delegate,
candidate or delivery agent claims that any ballot box or package is
received in a state that it gives rise to suspicion that it may have
been tampered with, the Commission shall order such box or packet
to be dealt with separately from the other boxes or packets, and
shall immediately call a meeting of the Commission and at such
meeting the Commission shall have the power to hear such
evidence under oath as it deems necessary.
(4) Where the Commission decides that there is no evidence
that justifies the suspicion that the box or packet has been tampered
with, its decision shall be final and no appeal shall lie therefrom.
(5) Any claim as is referred to in the previous paragraphs of
this regulation shall be made as soon as the ballot box or packet is
delivered by the assistant commissioners to the Commission and
for this purpose the Commission shall ensure that the party
delegates, candidates or delivery agents are given adequate
facilities to attentively inspect the ballot boxes, documents or
packets.
(6) It shall be the duty of the Commission to ensure the
mathematical accuracy of the ballot paper account and that this
tallies with the declared number of voting documents returned by
the assistant commissioners. Political parties shall have the right to
demand that the Commission shall for this purpose open all packets
containing voting documents relative to not more than ten per cent
of all boxes in order to physically check the accuracy of such
returns.
  56      CAP. 363. ħ                LOCAL COUNCILS
(7) Political parties shall select the ballot boxes in relation to
which the packets containing voting documents are to be opened
during delivery of the ballot boxes to the Commission and prior to
the storage of the ballot boxes.
(8) As each ballot box is received and cleared by the
Commission in terms of this regulation it shall be transferred to the
room designated by the commissioners for the storage of all ballot
boxes in terms of regulation 16.
(9) As soon as practicable after all ballot boxes have been
received and cleared in terms of this regulation and prior to the
start of the counting process the Electoral Commission shall
publicly declare the total number of votes declared to be cast in
accordance with the ballot paper accounts delivered by the assistant
commissioners as well as the number of votes in each ballot box as
resulting from the same account.
(10) The Commission shall preserve until the publication of the
official results of the next following election all papers delivered to
them by the assistant commissioners, as well as the unused ballot
papers and the voting documents, in separate sealed packets
indicating on each packet the nature of the documents contained
therein, and the locality to which they appertain.
(11) On every packet as is referred to in the preceding paragraph
there shall be affixed the seal of the Electoral Commission and the
signature of at least two commissioners, and of any party delegate,
candidate or delivery agent who may wish to sign it.
Counters, 
supervisors and 
calculators.
55. (1) The Commission shall appoint a number of persons to
act as counters, supervisors and calculators to assist it in the
counting and transfer of votes within each locality which shall be
effected under the direct supervision of the Commission.
(2) The provisions of paragraph (1)   of regulation 28 shall
mutatis mutandis  apply to the office of the counter, supervisor and
calculator as it applies to the office of assistant commissioner.
(3) A list of the persons appointed as counters, supervisors and
calculators shall be published by the Commission in the Gazette,
together with the list of persons appointed as assistant
commissioners and the procedure established for the nomination by
political parties and for objections to assistant commissioners shall
mutatis mutandis  apply to supervisors and counters.
(4) All counters, supervisors and calculators shall be issued
with identity documents specifying the details provided for party
agents. The identity documents shall he worn at all times by the
counters, supervisors and calculators whilst in the precincts of the
building where the counting of votes is held.
(5) The calculators shall perform all mathematical calculations
connected with the counting of votes and the Commission shall
ensure that the persons so chosen are proficient in mathematical
calculations.
(6) Supervisors shall be responsible for a number of counters
and shall oversee the opening of ballot boxes, and the sorting and
    LOCAL COUNCILS   ġ CAP. 363.   57
counting of ballot papers for every counting table. The Electoral
Commission shall ensure that at all times during the counting of
votes there are no less than two supervisors for each counting table
and that the political parties are adequately represented in the
choice of persons to act as supervisors for each counting table.
(7) Counters shall work under the direction of the supervisors;
they shall physically sort and count the ballot papers. The Electoral
Commission shall ensure that there are a sufficient number of
counters on each counting table to ensure a quick and efficient
counting process and that the political parties are adequately
represented at all times during the counting of votes in the choice
of persons to act as counters at each counting table.
Commissioners 
may appoint 
persons to assist 
them in the 
counting of votes.
56. (1) The Commission may authorise any one or more of its
members or any other person or persons appointed by it to do
anything on its behalf in connection with the receipt and storage of
ballot boxes and the counting and transfer of votes and anything
done by virtue of such authority shall be deemed to have been done
by the Commission.
(2) Notwithstanding anything contained in any other part of
these regulations, the Electoral Commission may for the purposes
of the counting of votes appoint any number of principal assistant
electoral commissioners to act on its behalf as the Commission
deems fit to supervise the counting of votes within each locality
and anything done by the principal assistant electoral
commissioners shall be deemed to have been done by the Electoral
Commission.
(3) The commissioners or any one or more of them shall
administer to every person authorised to act for the Commission
under the provisions of this regulation, an oath for the faithful
discharge of the duties assigned to him.
Candidates and 
counting agents.
57. (1) Unless these regulations otherwise provide, candidates
and party delegates shall have free access to the building where the
counting of votes will take place, and to the counting hall, at all
times.
(2) Every political party shall moreover have the right to
nominate a number of agents equal to the number of candidates
presented by it to contest the election and such agents shall at all
times have access to the said building and to the counting hall at all
times. These agents shall henceforth in these regulations be
referred to as "counting agents".
The list of such agents shall be presented to the
Commission at least twenty-one days prior to the start of the poll;
the Commission shall inform the political parties of all the agents
so nominated so that the said political parties may have an
opportunity to make representations to the Commission before the
same accepts or rejects them; the agents so nominated are to be of
good character and acceptable to the Commission and once
nominated and accepted by the Commission, may not, for any
reason, be changed by the political party nominating them.
  58      CAP. 363. ħ                LOCAL COUNCILS
The list of such agents shall, at least, seven days prior to the
start of the poll, be forwarded by the Commission to the political
parties and posted at the entrance of the Electoral Office indicating
the name, address and identity card number of each agent and the
party nominating him.
(3) The party delegates, candidates and counting agents shall
be issued with an identity document and such identity document is
to be worn at all times on entry into and inside the building or
complex wherein the votes are counted.
Building where 
counting of votes 
will take place.
58. With respect to the building designated by the Commission
for the counting of votes the Commission shall ensure that:
( a ) adequate facilities are provided for media coverage as
well as for the political parties;
( b ) an area adjacent and communicating with the counting
hall shall be provided for the storage of the ballot
boxes and that during the time the boxes are stored in
such area they shall at all times be visible from all
parts of the counting hall;
( c ) in the counting hall itself counters shall be separated
from the candidates and agents and except in the cases
expressly provided for in these regulations, access to
the area designated by the Commission for the
counting of votes shall only be allowed to candidates
and agents with the express consent of the
Commission; provided that the party delegates and two
substitutes thereof for each locality in which an
election is held, previously nominated by such
delegates, shall have free access to the counting area at
all times;
( d ) the disposition of the counting area shall be such that
as far as possible all the counting process can be
closely viewed by candidates, agents and party
delegates;
( e ) adequate back up facilities for services failure are
provided especially with respect to lighting;
( f ) reasonable security measures are taken at all times in
and around the building, that entry is restricted to
authorised persons only and that no lethal instruments
or instruments which may be rendered lethal are
introduced in the building;
( g ) at least fifteen days before the start of voting the
commissioners shall show the party delegates how
they propose to allocate and separate the different
areas of the said building and shall consider
suggestions made by the said delegates in this regard;
( h ) notwithstanding anything else contained in these
regulations, the party delegates and their substitutes,
shall at all times have access to any part of the
building for the purpose of ensuring that the provisions
    LOCAL COUNCILS   ġ CAP. 363.   59
of these regulations are being enforced.
Broadcasting 
coverage.
59. The Commission shall ensure that as far as practicable full
and constant press and broadcasting coverage is allowed of the
counting and transfer of votes and for such purpose shall allow
entry into the building to  bona fide  press and broadcasting
personnel and apparatus.
Extraordinary 
circumstances.
60. In extraordinary circumstances the Commission may allow
entry into the building and the counting hall to such other persons
as they think fit but in no case shall entry be allowed to the public
generally.
Representations to 
commissioners.
61. Notwithstanding anything else contained in these
regulations, candidates and the counting agents shall at all times
have access to the commissioners for the purpose of making
representations on their own behalf or on behalf of the candidate or
party represented by them.
Direction of 
building.
62. The Commission shall have the sole direction of the
building designated for the counting and transfer of votes and shall
have the right to give such orders as are necessary for the
maintenance of order and security within the building.
PART IX
Ballot Paper Account Reconciliation
Counting of votes.
a locality in order to establish the total number of votes cast in that
locality. 
Removal of ballot 
boxes from strong 
room.
64. (1) Prior to the removal of each ballot box from the room
designated by the Commission to hold all the ballot boxes in terms
of regulation 16, the party delegates or their substitutes shall have
the right to examine the seals affixed to each ballot box.
(2) Any objection raised by the party delegates or their
substitutes as to the integrity of such seals shall be examined by the
Commission whose decision thereon shall be final and not subject
to appeal.
Opening of each 
ballot box.
65. One ballot box at a time shall be opened and prior to the
opening of each ballot box the Commission shall cause the ballot
paper account for that ballot box to be affixed in such a manner that
it may be clearly seen by the candidates and agents and shall show
the candidates and agents the seals on the ballot box in order that
they may ascertain that such seals are intact.
Objections to 
opening of ballot 
box.
66. Any party delegate, candidate or agent may, prior to the
opening of the ballot box, make representations claiming that the
seals of the box have been tampered with. Where such an objection
is made the box shall not be opened until the Commission, after
consulting the party delegates or their substitutes, shall have given
such directions and taken such measures as it may consider
necessary.
  60      CAP. 363. ħ                LOCAL COUNCILS
Checking of ballot 
paper account.
67. Where no objections are made and where the Electoral
Commission in terms of the previous regulation of these
regulations so directs, the ballot box shall be opened and the
number of ballot papers contained therein shall be counted, face
downwards, to ascertain that the number of votes in that ballot box
corresponds to the ballot paper account.
When ballot papers 
do not tally with 
ballot paper 
account.
68. Where the ballot papers in the ballot box do not tally with
the ballot paper account the attention of the Commission shall be
drawn to the fact and the Commission, after consultation with the
party delegates, or their substitutes shall give such directions as it
may deem fit and such decision shall be final.
When ballot papers 
and ballot paper 
account tally.
69. Where the ballot papers in the ballot box and the ballot
paper account tally, the votes shall be put together and placed in a
pigeon hole indicating the number of the ballot box. The pigeon
hole and ballot papers must at all times be clearly visible by
parties, candidates and agents. The ballot papers in each pigeon
hole shall be put in parcels of fifty ballot papers each with any
remainder being put at the bottom of the pile and the supervisor
shall ensure that each parcel is counted for accuracy by more than
one counter.
All ballot boxes to 
be opened.
70. The process described in regulations 63 to 69 shall be
repeated until all ballot boxes have been opened to ascertain that
the ballot papers in each box tally with the ballot paper account
relative to it.
Number of votes 
cast.
71. After all ballot boxes have been opened and reconciled
with the relative ballot paper account the Electoral Commission
shall prior to proceeding to the sorting of votes declare the total
number of votes cast and their distribution by ballot box.
PART X 
Counting and Sorting of Votes
Sorting of ballot 
papers.
72. (1) Ballot papers shall be sorted in accordance with this
Part of these regulations.
(2) In this Part unless the context otherwise requires:
( a ) The expression "continuing candidate" means any
candidate not elected and not excluded from the poll.
( b ) The expression "first preference" means the figure "1"
standing alone opposite the name of a candidate; the
expression "second preference" means the figure "2"
standing alone opposite the name of a candidate; and
the expression "third preference" means the figure "3"
standing alone opposite the name of a candidate, and
so on.
( c ) The expression "next available preference" means a
second or subsequent preference recorded in
consecutive numerical order for a continuing
candidate, the preferences next in order on the ballot
paper for candidates already elected or excluded from
    LOCAL COUNCILS   ġ CAP. 363.   61
the poll being ignored.
( d ) The expression "transferable paper" means a ballot
paper on which, following a first preference, a second
or subsequent preference is recorded in consecutive
numerical order for a continuing candidate.
( e ) The expression "non-transferable paper" means a
ballot paper on which no second or subsequent
preference is recorded for a continuing candidate:
Provided that a paper shall be deemed to have
become a non-transferable paper whenever:
(i) the names of two or more candidates (whether
continuing or not)   are marked with the same
number, and are next in order of preference; or
(ii) the name of the candidate next in order of
preference (whether continuing or not)   is
marked either by a number not following
consecutively after some other number on the
ballot paper or by two or more numbers; or
(iii) for any other reason it cannot be determined
with certainty for which of the continuing
candidates the next available preference of the
voter is recorded.
( f ) The expression "original vote" in regard to any
candidate means a vote derived from a ballot paper on
which a first preference is recorded for that candidate.
( g ) The expression "transferred vote" in regard to any
candidate means a vote derived from a ballot paper on
which a second or subsequent preference is recorded
for that candidate.
( h ) The expression "surplus" means the number of votes
by which the total number of the votes, original and
transferred, credited to any candidate, exceeds the
quota.
( i ) The expression "count" means:
(i) all the operations involved in the counting of the
first preferences recorded for candidates; or
(ii) all the operations involved in the transfer of the
surplus of an elected candidate; or
(iii) all the operations involved in the transfer of the
votes of an excluded candidate or of two or more
candidates excluded together.
Sorting of ballot 
papers.
73. The Commission shall cause the ballot papers to be sorted
out into parcels according to their first preference recorded for each
candidate, rejecting any that are invalid.
Method of sorting.
regulation shall be carried out in the following manner:
( a ) the supervisor of each counting table shall take the
topmost bundle of ballot papers from each pigeon hole
  62      CAP. 363. ħ                LOCAL COUNCILS
and, in full view of the candidates and agents, place
the bundles on a rack to pass to the counters;
( b ) when a parcel of ballot papers has been taken from
each different pigeon hole and placed on the rack as
provided in the previous paragraph of this regulation,
the supervisor shall pass to each counter one parcel at
a time in order that the ballot papers may be sorted;
( c ) the counters shall open each parcel with the ballot
papers and ascertain whether each paper is valid or
invalid;
( d ) if the counters decide that there is a possibility that,
for any reason according to the Act or these
regulations, a ballot paper may be invalid or if any
candidate or agent for the same reason so claims, the
counter shall place such ballot paper in a tray marked
"dubious";
( e ) if the ballot paper is considered as valid the counter
shall place the ballot paper in a tray indicating the
candidate to which the first preference has been given
on that ballot paper.
Continuation of 
sorting process.
75. (1) When a counter has so disposed of the parcel of ballot
papers mentioned in the previous regulation he shall be given
another parcel to sort in the same manner and so on and so forth
until all the parcels on the rack have been counted.
(2) When all the parcels on the rack have been counted the
supervisor shall take the next topmost parcel of ballot papers from
each pigeon hole repeating the sorting process mentioned in
regulation 74 and in subregulation (1)   of this regulation and so on
and so forth until all ballot papers have, in phases, been removed
from the pigeon holes, put on the rack and sorted.
Dubious votes. 76. (1) Whenever the supervisor in charge of the sorting of
votes determines that in the tray marked as "dubious" there are a
sufficient number of ballot papers he shall call one of the principal
assistant electoral commissioners to collect such papers.
(2) The dubious ballot papers may only be removed from the
tray by a principal assistant electoral commissioner who shall
personally take them to a table designated for that purpose.
(3) The Electoral Commission, or the principal assistant
electoral commissioners, shall, after hearing the representations of
the party delegates or their substitutes, decide in respect of each
paper, whether it is valid or invalid and if they decide that it is
invalid they shall so stamp the paper on its face.
(4) The decision of the principal assistant electoral
commissioners shall be subject to an appeal to a member of the
Electoral Commission designated to hear such appeals by the
Commission and his decision shall be final.
(5) Once all the dubious ballot papers have been declared valid
or invalid, they shall be returned by a principal assistant electoral
    LOCAL COUNCILS   ġ CAP. 363.   63
commissioner who shall pass them on to a supervisor.
(6) The supervisor shall cause the invalid ballot papers to be
put in a tray marked "invalid" and the valid ballot papers to be
sorted in accordance with the preceding regulations.
Counting papers.
in the tray of each candidate, and credit each candidate with a
number of votes equal to the number of valid papers on which a
first preference has been recorded for such candidate, and they
shall ascertain the total number of valid papers.
(2) When counting the number of papers placed in the tray of
each candidate, the supervisor shall direct that such papers be
bundled in packets of fifty papers each and that each packet is
counted by at least two counters.
Ascertainment of 
quota.
78. The Commission shall then divide the total number of valid
papers by a number exceeding by one the number of vacancies to
be filled. The result increased by one, disregarding any fractional
remainder, shall be the number of votes sufficient to secure the
return of a candidate. This number is herein called the "quota".
Candidate with 
quota elected.
79. If at the end of any count the number of votes credited to a
candidate is equal to or greater than the quota, that candidate shall
thereupon be elected.
Transfer of 
surplus.
80. (1) If at the end of any count the number of votes credited
to a candidate is greater than the quota, the surplus shall be
transferred, as in this regulation provided, to the continuing
candidates for whom the next available preferences have been
recorded on the ballot papers in the parcel or sub-parcel received
by the elected candidate at that count.
Priority of surplus.
before a surplus which may arise from a subsequent count.
(3) If more than one candidate has a surplus arising from the
same count, the largest surplus shall first be dealt with.
Equality of 
surplus.
(4) If two or more candidates have each an equal surplus
arising from the same count, the surplus of the candidate with the
greatest number of votes at the first count at which the candidates
in question had an unequal number of votes shall first be dealt with.
Where the number of votes credited to such candidates were equal
at all counts the Commission shall determine by lot which surplus
they will first deal with.
Original votes 
only.
(5) ( a ) If the votes credited to an elected candidate consist of
original votes only, the Commission shall examine all
the papers in the parcel of the elected candidate whose
surplus is to be transferred.
Original and 
transferred votes.
( b ) If the votes credited to an elected candidate consist of
original and transferred votes, or of transferred votes
only, the Commission shall examine the papers
contained in the last sub-parcel last received by the
elected candidate whose surplus is to be transferred.
  64      CAP. 363. ħ                LOCAL COUNCILS
Papers sorted to 
next available 
preference.
( c ) In either case the Commission shall sort the
transferable papers into sub-parcels according to the
next available preference recorded thereon, shall make
a separate sub-parcel of the non-transferable papers
and shall ascertain the number of papers in each sub-
parcel of transferable papers and in the sub-parcel of
non-transferable papers.
Transferrable 
papers equal or less 
than surplus.
(6) If the total number of papers in the sub-parcels of
transferable papers is not greater than the surplus, the Commission
shall transfer the whole of each sub-parcel of transferable papers to
the continuing candidate indicated thereon as the voter’s next
available preference, and shall set aside as a separate parcel so
many of the non-transferable papers as are not required for the
quota of the elected candidate. The particular papers set aside shall
be those last filed in the sub-parcel of non-transferable papers.
Transferable 
papers exceed 
surplus; 
proportionate 
transfer.
(7) ( a ) If the total number of transferable papers is greater
than the surplus, the Commission shall transfer from
each sub-parcel of transferable papers to the
continuing candidate indicated thereon as the voters’
next available preference the number of papers which
bears the same proportion to the number of papers in
the sub-parcel as the surplus bears to the total number
of transferable papers.
Ascertainment of 
number of papers 
to be transferred.
( b ) The number of papers to be transferred from each sub-
parcel shall be ascertained by multiplying the number
of papers in the sub-parcel by the surplus and dividing
the result by the total number of transferable papers. A
note shall be made of the fractional parts, if any, of
each number so ascertained.
Treatment of 
fractional parts.
( c ) If, owing to the existence of such fractional parts, the
number of papers to be transferred is less than the
surplus, so many of these fractional parts taken in the
order of their magnitude, beginning with the largest as
are necessary to make the total number of papers to be
transferred equal to the surplus, shall be reckoned as of
the value of unity, and the remaining fractional parts
shall be ignored.
Equality of 
fractional parts.
( d ) If two or more fractional parts are of equal magnitude,
that fractional part shall be deemed to be the largest
which arises from the largest sub-parcels and if the
sub-parcels in question are equal in size, the fractional
part credited to the candidate with the greatest number
of votes at the first count at which the candidates in
question had an unequal number of votes shall be
deemed to be the largest. Where the numbers of votes
credited to such candidates were equal at all counts the
Commission shall determine by lot which fractional
part shall be deemed to be the largest.
Papers transferred 
from sub-parcels.
( e ) The particular papers transferred from each sub-parcel
shall be those last filed in the sub-parcel, and each
paper so transferred shall be marked with the number
    LOCAL COUNCILS   ġ CAP. 363.   65
of the count at which the transfer took place.
Exclusion of 
candidates. One 
candidate 
excluded.
81. (1) If at the end of any count no candidate has a surplus
and one or more vacancies remain unfilled, the Commission shall
exclude from the poll the candidate credited with the lowest
number of votes; shall examine all the papers of that candidate;
shall sort the transferable papers into sub-parcels according to the
next available preferences recorded thereon for continuing
candidates; shall transfer each sub-parcel to the candidate for
whom that preference is recorded; and shall make a separate sub-
parcel of the non-transferable papers.
Two or more 
excluded.
(2) If the total of the votes of the two or more candidates
lowest on the poll is less than the number of the votes credited to
the next highest candidate the Commission may at the same count
exclude those candidates from the poll and transfer their votes as in
this regulation provided.
Selection of 
candidate for 
exclusion.
(3) If, when a candidate has to be excluded, two or more
candidates have each the same number of votes and are lowest on
the poll, the candidate with the lowest number of votes at the first
count at which the candidates in question had an unequal number of
votes shall be excluded, and, where the numbers of votes credited
to those candidates were equal at all counts, the Commission shall
decide by lot which shall be excluded.
Last vacancies.
(1) If at the end of any count the number of elected
candidates is equal to the number of vacancies to be
filled, no further transfer of votes shall be made.
(2) If on the exclusion of a candidate or candidates the
number of the then continuing candidates is equal to
the number of vacancies to be filled, the continuing
candidates shall thereupon be elected and no further
transfer of votes shall be made.
Procedure in 
transferring votes. 
Papers transferred.
83. (1) Whenever any transfer is made each sub-parcel of
papers transferred shall be placed on the top of the parcel, if any, of
papers of the candidate to whom the transfer is made, and that
candidate shall be credited with a number of votes equal to the
number of papers transferred to him.
Non-transferable 
papers set aside.
(2) Non-transferable papers, except such as in the transfer of a
surplus may be required for the quota of the elected candidate, shall
be set aside as a separate parcel together with any parcel of non-
transferable papers already set aside.
Papers retained for 
quota.
(3) On the transfer of the surplus of an elected candidate, all
papers not transferred to continuing candidates and not set aside as
provided in the preceding paragraph of this regulation shall be
placed together in one parcel as the quota of the elected candidate
and the parcel shall be marked with the name of the elected
candidate.
Partial re-counts.
request the Commission to re-examine and re-count all or any of
  66      CAP. 363. ħ                LOCAL COUNCILS
the papers dealt with during that count, and the Commission shall
forthwith re-examine and recount accordingly the papers indicated
without making any alterations in the arrangements of the papers in
the various parcels save where such alteration may be necessary in
consequence of any error discovered in the re-count; the
Commission may also at their discretion re-count papers either
once or more often in any case in which they are not satisfied as to
the accuracy of any previous count; provided that nothing herein
shall make it obligatory on the Commission to re-count the same
papers more than once.
Election petitions. 85. (1) Upon an election petition the court may direct the total
or partial re-count of the ballot papers and the result of the election
to be ascertained in accordance with these regulations.
(2) On any re-count, subject to such modifications as may be
necessary by reason of any order of the court, each paper originally
declared valid shall, whenever any transfer of votes takes place,
follow the same course as at the original counting of the votes.
Decision of 
returning officers 
on transfer.
86. (1) If any question shall arise in relation to any transfer of
votes, the decision of the Commission whether expressed or
implied by their acts, shall be final unless an objection is made in
writing by any candidate or agent before the declaration of the poll,
and in that event the decision of the Commission may be reversed
upon an election petition.
(2) If any decision of the Commission is so reversed, the
transfer in question and all operations subsequent thereto shall be
void and the court shall direct what transfer is to be made in place
of the transfer in question, and shall cause the subsequent
operations to be carried out and the result of the election to be
ascertained in accordance with these regulations.
Result of poll. 
Form of 
declaration.
87. The declaration of the result of the poll shall include a
record of any transfer of votes made under these regulations, and of
the total number of votes credited to each candidate after any such
transfer, and shall be in the form shown in the Twelfth Schedule, or
in a form to the like effect.
PART XI 
Casual Vacancies
Notice of vacancy.
Amended by:
XXI.1999.3.
88. In the event of a vacancy in a Local Council the
Commission shall, within three days from the date of the
notification by the Executive Secretary of the Council, give notice,
to be published in the Gazette, of an election to fill the seat
vacated.
Nominations. 89. Within five days after the publication of such notice any
person who -
( a ) at the election held immediately prior to the
occurrence of the said vacancy was a candidate
nominated for election as a councillor for that locality
in respect of which the vacancy has arisen, and did not
    LOCAL COUNCILS   ġ CAP. 363.   67
withdraw from the election and was not elected, and
( b ) is still qualified to be so elected,
may with his consent, be nominated as a candidate for the said
vacancy.
Notice of valid 
nominations
 90. Within three days after the last day fixed for the receipt of
nominations, the Commission shall decide on the validity of the
nominations, and shall publish in the authorised form, the names
and description of the persons validly nominated, and the locality
the seat whereof is to be filled.
If two or more 
nominations, ballot 
papers of vacating 
councillor are 
examined.
91. If there are any valid nominations, the Commission shall,
within four days, proceed to examine the ballot papers in the sealed
parcel of the vacating councillor and the following provisions shall
apply:
(1) All candidates for the locality at the election shall be
deemed to be candidates excluded from the poll except
those who have been validly nominated for the vacant
seat.
(2) The papers preserved under seal in accordance with
these regulations in the parcel of the vacating
councillor shall be examined and transferred to the
validly nominated candidates first available in order of
preference shown upon such papers, and each validly
nominated candidate shall be credited with one vote in
respect of each paper transferred.
(3) In any case where there is only one validly nominated
candidate, if such candidate is credited with votes in
number equal to or exceeding half the number of
papers in the parcel of the vacating councillor, he shall
be declared elected.
(4) In any case where there are two or more validly
nominated candidates, the Commission shall exclude
from the poll the candidate credited with the lowest
number of votes and shall transfer his votes according
to the next available preferences shown upon the ballot
papers for the continuing candidate or candidates. The
process of excluding the candidate lowest in the poll
and of transferring his votes according to the next
available preferences shall be continued until there is
only one candidate remaining. If such candidate shall
have then been credited with votes in number equal to
or exceeding half the number of papers in the parcel of
the vacating councillor, that candidate shall be
declared elected:
Provided that if at any time any candidates shall
have been credited with votes exceeding the combined
total of votes of all other candidates, and at the same
time equal to or exceeding half the number of papers
in the parcel of the vacating councillor, he shall be
declared elected without further transfer.
  68      CAP. 363. ħ                LOCAL COUNCILS
Vacancy filled by 
co-option in 
special case.
92. (1) If a vacancy occurs in a seat which has been filled in
accordance with this Part of these regulations, or in the eventuality
mentioned in regulation 24(1), or if on a vacancy occurring no
candidate is validly nominated, or if after examination of the ballot
papers of the vacating councillor no candidate secures election, the
vacancy shall be filled by co-option in accordance with article 8(4)
of the Act.
(2) In filling a vacancy by co-option, regard shall be had to the
representation as nearly as may be of the interests and opinions
represented and held by the vacating councillor.
PART XII 
Illegal Practices
Making of 
contracts in respect 
of election 
expenses.
93. A contract whereby any expenses are incurred on account
of or in respect of the conduct or management of an election shall
not be enforceable against a candidate at such election, unless made
by the candidate himself.
Payment of 
expenses.
94. (1) Except as permitted by or in pursuance of these
regulations, no payment and no advance or deposit shall be made
whether before, during or after such election, in respect of any
expenses incurred on account of or in respect of the conduct or
management of such election, otherwise than by the candidate; and
all money provided by any person other than the candidate for any
expenses incurred on account of or in respect of the conduct or
management of the election, whether as gift, loan, advance or
deposit, shall be paid to the candidate and not otherwise:
Provided that this regulation shall not be deemed to apply
to any sum disbursed by any person out of his own money for any
expense legally incurred by himself and not exceeding two hundred
and fifty liri, if such sum is not repaid to him:
Provided further that the Minister may, from time to time,
by notice in the Gazette specify higher sums which in no case shall
exceed five hundred liri.
(2) A statement of the particulars of any payments so made by
any other person in terms of the previous paragraph of this
regulation shall be sent to the candidate within the time limited by
these regulations for the sending in of claims and shall be
accompanied by a receipt.
(3) A person who makes any payment, advance, or deposit in
contravention of this regulation or pays in contravention of this
regulation any money so provided as aforesaid and any candidate
who, having been aware of such payment, advance or deposit,
knowingly benefits from the same, shall be guilty of an illegal
practice.
Periods for sending 
in claims and 
making payments 
for election 
expenses.
95. (1) Every payment made by a candidate in respect of any
expenses incurred on account of or in respect of the conduct or
management of an election shall, except where less than twenty-
five liri, be vouched for by a bill stating the particulars and by a
    LOCAL COUNCILS   ġ CAP. 363.   69
receipt:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher sums which in no case shall
exceed one hundred liri.
(2) Every claim against a candidate at an election in respect of
any expenses incurred on account of or in respect of the conduct or
management of such election, which is not sent in to the candidate
within the time limited by these regulations, shall be barred and
shall not be paid; and subject to such exception as may be allowed
in pursuance of these regulations, a candidate who pays a claim in
contravention of this regulation shall be guilty of an illegal
practice.
(3) Except as by these regulations permitted, the time limited
by these regulations for sending in claims shall be thirty days after
the day on which the candidate returned is declared elected.
(4) All expenses incurred by or on behalf of a candidate at an
election, which are incurred on account of or in respect of the
conduct or management of such election, shall be paid within the
time limited by these regulations and not otherwise; and, subject to
such exception as may be allowed in pursuance of these
regulations, a candidate who makes a payment in contravention of
this provision shall be guilty of an illegal practice.
(5) Except as by these regulations permitted, the time limited
by these regulations for the payment of such expenses as aforesaid
shall be forty days after the day on which the candidate returned is
declared elected.
(6) If the candidate in the case of any claim sent in to him
within the time limited by these regulations disputes it, or refuses
or fails to pay it within the said period of forty days, such claim
shall be deemed to be a disputed claim.
(7) The claimant may, if he thinks fit, bring an action for a
disputed claim in the competent Civil Court; and any sum paid by
the candidate in pursuance of the judgment or order of such court
shall be deemed to be paid within the time limited by these
regulations.
(8) On cause shown to the satisfaction of the competent Civil
Court, the court on application by the claimant or by the candidate
may, by order, give leave for the payment by a candidate of a
disputed claim, or of a claim for any such expenses as aforesaid,
although sent in after the time in this regulation mentioned for
sending in claims, or although the same was sent in to the
candidate.
(9) Any sum specified in any such order may be paid by the
candidate, and when paid in pursuance of such leave shall be
deemed to be paid within the time limited by these regulations.
Petty expenses.
candidate pay any necessary expense for stationery, postage,
telegrams, and other petty expenses to a total amount not exceeding
that named in the authority, but any excess above the total amount
  70      CAP. 363. ħ                LOCAL COUNCILS
so named shall be paid by the candidate.
(2) A statement of the particulars of payments made by any
person so authorized shall be sent to the candidate within the time
limited by these regulations for the sending in of claims, and shall
be vouched for by a bill containing the receipt of that person.
Expenses in excess 
of maximum to be 
illegal practice.
97. (1) Subject to such exception as may be allowed in
pursuance of these regulations, no sum shall be paid and no
expense shall be incurred by a candidate at an election, whether
before, during, or after an election on account of or in respect of the
conduct or management of such election, in excess of five hundred
liri or ten cents for every registered voter in the locality contested
by the candidate whichever is the higher:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher sums which in no case shall
exceed one thousand liri or twenty cents for every registered voter
in the locality contested by the candidate whichever is the higher.
(2) In the case of candidates standing for election in the same
locality as members of the same political party, the expenses of
such candidates may be added together and there shall not be
deemed to have been a contravention of this regulation unless the
aggregate expenses of such candidates, when added together,
exceed either the sum of five hundred liri multiplied by the number
of such candidates or the sum of twenty thousand liri, whichever is
the smaller:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher sums which in no case shall
exceed either the sum of one thousand liri multiplied by the number
of such candidates or the sum of forty thousand liri, whichever is
the smaller:
Provided further that if the aggregate of such expenses
exceeds either of the sums aforesaid, the expenses of each such
candidate shall be separated from the expenses of the others and the
provisions of subregulation (1)   shall apply.
(3) Any candidate who knowingly acts in contravention of this
regulation shall he guilty of an illegal practice.
Certain 
expenditure to be 
illegal practice.
98. (1) No payment or contract for payment shall, for the
purpose of promoting or procuring the election of a candidate at
any election, be made on account of the conveyance of voters to or
from the poll, except for the hiring of vehicles.
(2) Subject to such exception as may be allowed in pursuance
of these regulations, if any payment or contract for payment is
knowingly made in contravention of this regulation either before,
during, or after an election, the person making such payment or
contract shall be guilty of an illegal practice, and any person
receiving such payment or being a party to any such contract,
knowing the same to be in contravention of this regulation, shall
also be guilty of an illegal practice.
    LOCAL COUNCILS   ġ CAP. 363.   71
Certain 
employment to be 
illegal.
99. (1) No person shall, for the purpose of promoting or
procuring the election of a candidate at any election, be engaged or
employed for payment or promise of payment for any purpose or in
any capacity whatever, except for a reasonable number of assistants
and professional persons, having regard to the area of the locality
and the number of voters on the Local Councils’ Electoral Register
for such locality.
(2) Subject to such exception as may be allowed in pursuance
of these regulations, if any person is engaged or employed in
contravention of this regulation, either before, during or after an
election, the person engaging or employing him shall be guilty of
an illegal practice.
Saving for 
creditors.
100.   The provisions of these regulations prohibiting certain
payments and contracts for payments, and the payment of any sum,
and the incurring of any expense in excess of a certain maximum,
shall not affect the right of any creditor, who, when the contract
was made or the expense was incurred, was ignorant of the same
being in contravention of these regulations.
Return and 
declaration 
respecting election 
expenses.
101. (1) Within sixty days after the date of the publication of
the result of an election in the Gazette, every candidate at that
election shall transmit to the commissioners a return of his election
expenses, containing the particulars specified in the Thirteenth
Schedule, signed by the candidate. In the case of the candidate’s
absence from Malta the duties imposed on him may be performed
by a duly appointed representative.
(2) Every such return shall contain a statement of all payments
made by the candidate, or by any persons on behalf of the
candidate, or in his interest, for expenses incurred on account of, or
in respect of, the conduct and management of the election, and a
further statement of all unpaid claims in respect of such expenses,
of which he is aware.
(3) The return shall be accompanied by declarations to be made
on oath by the candidate before a magistrate, commissioner for
Justice or a commissioner in the form contained in the Thirteenth
Schedule to these regulations.
(4) If any candidate acts in contravention of the requirements
of this regulation, he shall, subject to the provisions of regulation
107, be guilty of an illegal practice.
Publication of 
notice in respect of 
return of election 
expenses.
102.   When any return of election expenses and the declarations
made in respect thereof have been lodged with the commissioners,
the commissioners shall, as soon as may be, cause a notice of the
date on which the return and the declarations have been lodged, and
of the time and place at which they can be inspected to be affixed in
some conspicuous place in the Electoral Office and to be published
in the Gazette, and any person shall be entitled, on payment of a fee
of one lira, to inspect any such return or declarations and, on
payment of a fee of one lira for every folio of 120 words, to obtain
a copy or copies of any part thereof.
  72      CAP. 363. ħ                LOCAL COUNCILS
Punishment on 
conviction for 
illegal practice.
103. (1) Any person committing an illegal practice shall, on
conviction, be liable to a fine ( multa )   not exceeding five hundred
liri and shall in consequence of such conviction become incapable,
during a period of four years from the date of conviction, of being
registered as a voter or voting at any election or of being elected a
councillor, and if before that date he has been elected a councillor,
his election shall be vacated from the date of such conviction:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher penalties which in no case shall
exceed a fine ( multa )   not exceeding three thousand liri.
(2) No prosecution for an illegal practice shall be instituted
without the sanction of the Attorney General.
PART XIII 
Corrupt Practices
Personation. 104.   Any person who at an election held under the Act applies
for a ballot paper in the name of some other person, whether that
name be that of a person living or dead, or of a fictitious person or,
who having voted once at any such election, applies at the same
election for a ballot paper in his own name, shall be guilty of the
offence of personation.
Treating. 105. (1) Any person who corruptly by himself or by any other
person, either before, during or after an election, directly or
indirectly, gives or provides, or pays wholly or in part the expense
of giving or providing any food, drink, entertainment, or provision
to or for any person, for the purpose of corruptly influencing that
person or any other person to give or refrain from giving his vote at
the election, or on account of such person or any other person
having voted or refrained from voting or being about to vote or
refrain from voting at such election, shall be guilty of the offence
of treating.
(2) Every voter who corruptly accepts or takes any such food,
drink, entertainment, or provision shall also be guilty of the offence
of treating.
Undue influence. 106.   Every person who directly or indirectly, by himself or by
any other person on his behalf, makes use of or threatens to make
use of any force, violence, or restraint, or inflicts, or threatens to
inflict, by himself or by any other person, any temporal or spiritual
injury, damage, harm, or loss upon or against any person in order to
induce or compel such person to vote or refrain from voting, or on
account of such person having voted or refrained from voting at
any election, or who by abduction, duress, or any fraudulent device
or contrivance, impedes or prevents the free exercise of the
franchise of any voter or thereby compels, induces, or prevails
upon any voter either to give or refrain from giving his vote at any
election, shall be guilty of the offence of undue influence.
Bribery. 107.   The following persons shall be deemed guilty of the
offence of bribery:
    LOCAL COUNCILS   ġ CAP. 363.   73
( a ) every person who, directly or indirectly, by himself or
by any other person on his behalf, gives, lends or
agrees to give or lend, or offers, promises or promises
to procure, or to endeavour to procure, any money or
valuable consideration to or for any voter, or to or for
any person on behalf of any voter, or to or for any
other person, in order to induce any voter to vote or
refrain from voting, or corruptly does any such act as
aforesaid on account of such voter having voted or
refrained from voting at any election under the Act;
( b ) every person who, directly or indirectly, by himself or
by any other person on his behalf, gives or procures, or
agrees to give or procure, or offers, promises or
promises to procure or to endeavour to procure any
office, place or employment to or for any voter or to or
for any person on behalf of any voter or to or for any
other person in order to induce any voter to vote or
refrain from voting, or corruptly does any such act as
aforesaid on account of any voter having voted or
refrained from voting at any election under the Act;
( c ) every person who, directly or indirectly, by himself or
by any other person on his behalf, makes any such gift,
loan, offer, promise, procurement, or agreement as
aforesaid, to or for any person in order to induce such
person to procure or endeavour to procure the return of
any person as a councillor, or the vote of any voter at
any election under the Act;
( d ) every person who, upon or in consequence of any such
gift, loan, offer, promise, procurement, or agreement,
procures or engages, promises or endeavours to
procure, the return of any person as a councillor or the
vote of any voter at any election under the Act;
( e ) every person who advances or pays or causes to be
paid any money to or for the use of any other person,
with the intent that such money or any part thereof
shall be expended in bribery at any election under the
Act; or who shall knowingly pay or cause to be paid
any money to any person in discharge or repayment of
any money wholly or in part expended in bribery at
any such election;
( f ) every person being a voter who, before or during any
election under the Act, directly or indirectly, by
himself or by any other person on his behalf, receives,
agrees, or contracts for any money, gift, loan, or
valuable consideration, office, place or employment,
for himself or for any other person, for voting or
agreeing to vote or for refraining or agreeing to refrain
from voting at any such election;
( g ) every person who, after any election under the Act,
directly or indirectly, by himself or by any other
person on his behalf, receives any money or valuable
consideration on account of any person having voted
  74      CAP. 363. ħ                LOCAL COUNCILS
or refrained from voting or having induced any other
person to vote or to refrain from voting at any such
election.
Punishment and 
incapacities for 
corrupt practice.
108. (1) Any person who commits the offence of personation,
treating, undue influence, or bribery or aids, abets, counsels, or
procures the commission of the offence of personation, and any
candidate who knowingly makes the declaration, as to election
expenses required by regulation 101, falsely, shall be guilty of a
corrupt practice and shall be liable, on conviction, in the discretion
of the court, to a fine ( multa )   not exceeding one thousand liri, or to
imprisonment for a term not exceeding six months, or to both such
fine ( multa )   and imprisonment, and shall in consequence of such
conviction become incapable, for a period of seven years from the
date of his conviction of being registered as a voter or voting at an
election under the Act, or of being elected a councillor, and if at
that date he has been elected councillor, his election shall be
vacated from the date of such conviction:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher penalties which in no case shall
exceed a fine ( multa )   of ten thousand liri.
(2) No prosecution for a corrupt practice shall be instituted
without the sanction of the Attorney General.
(3) For the purposes of this Part of these regulations, references
to "voting" or to "refraining from voting", or to "giving" or
"refraining from giving a vote", shall include references to "voting"
or "refraining from voting" in a particular way.
PART XIV
Excuse for Corrupt and Illegal Practices
Reasons 
exonerating 
candidates in 
certain cases of 
corrupt and illegal 
practices.
109.   The election of a candidate, who has been guilty of the
offence of treating and undue influence, and illegal practice, or of
any such offences, in reference to such election shall not, by reason
of such offences, be declared void, nor shall the candidate be
subject to any incapacity under these regulations, if the court is
satisfied after giving the Attorney General an opportunity of being
heard that the candidate has proved:
( a ) that no corrupt or illegal practice was committed at
such election by the candidate and the offences
aforesaid were committed contrary to the orders and
without the sanction or connivance of such candidate;
and
( b ) that such candidate took all reasonable means for
preventing the commission of corrupt and illegal
practices at such election; and 
( c ) that the offences aforesaid were of a trivial,
unimportant and limited character; and
( d ) that in all other respects the election was free from any
corrupt or illegal practice on the part of such
    LOCAL COUNCILS   ġ CAP. 363.   75
candidate.
Power of courts to 
except innocent act 
from being illegal 
practice, etc. 
110.   Where, in any proceedings, it is shown to the Court by
such evidence as seems to the court sufficient - 
( a ) that any act or omission of a candidate at any election,
or of any other agent or person, would, by reason of
being the payment of a sum or the incurring of expense
in excess of any maximum amount allowed by these
regulations, or of being a payment, engagement,
employment, or contract in contravention of these
regulations, or of otherwise being in contravention of
any of the provisions of these regulations, be but for
this regulation an illegal practice; and
( b ) that any such act or omission arose from inadvertence
or from accidental miscalculation or from some other
reasonable cause of a like nature, and in any case, did
not arise from any want of good faith,
and under the circumstances it seems to the court, after giving the
Attorney General an opportunity of being heard, to be just that the
candidate at the said election and other agent and person or any of
them, should not be subject to any of the consequences under these
regulations, the court may allow such act or omission to be an
exception from the provisions of these regulations which would
otherwise make the same an illegal practice, and thereupon such
candidate, agent, or person shall not be subject to any of the
consequences under these regulations of the said act or omission.
Authorized excuse 
for non-
compliance with 
provisions as to 
return and 
declaration 
respecting election 
expense.
111. (1) Where the return and declarations respecting election
expenses of a candidate at an election have not been transmitted as
required by these regulations, or being transmitted contain some
error or false statement, then if the candidate in any criminal or
civil proceedings under these regulations proves to the satisfaction
of the court that the failure to transmit such return and declarations,
or any of them or any part thereof, or any error or false statement
therein, has arisen by reason of his illness, or by reason of
inadvertence, or of any reasonable cause of a like nature, and not
by reason of any want of good faith on the part of the candidate, the
court may, after giving the Attorney General an opportunity of
being heard, make such order for allowing an authorized excuse for
the failure to transmit such return and declarations, or for an error
or false statement in such return and declarations, as to the court
seems just.
(2) Where in any proceedings it appears to the court that any
person has refused or failed to make such return or to supply such
particulars as will enable the candidate to comply with the
provisions of these regulations as to the return and declaration
respecting election expenses, the court, before making an order
allowing the excuse as in this regulation mentioned, shall order
such person to appear, and shall, unless he attends, and shows
cause to the contrary, order him to make the return and declaration,
or to deliver a statement of the particulars required to be contained
in the return, as to the court seems just, and to make or deliver the
same within such time and to such person and in such manner as the
  76      CAP. 363. ħ                LOCAL COUNCILS
court may direct, or may order him to be examined with respect to
such particulars, and in default of compliance with any such order,
such person shall be guilty of an illegal practice.
(3) The court may allow the excuse conditionally upon the
making of a return and declaration in a modified form or within an
extended time, and upon the compliance with such other terms as to
the court seem best calculated for carrying into effect the objects of
these regulations; and an order allowing an authorized excuse shall
relieve the candidate from any liability or consequences under
these regulations in respect of the matter excused by the order.
(4) The date of the order, or if conditions and terms are to be
complied with, the date at which the applicant fully complies with
them, is referred to in these regulations as the date of the allowance
of the excuse.
PART XV 
Grounds for Avoiding Elections
Avoidance by 
conviction of 
candidates.
112.   The election of a candidate as a councillor is avoided by
his conviction for any corrupt or illegal practice.
Avoidance of 
election on other 
grounds.
113.   The election of a candidate as a councillor shall be
declared void on any of the following grounds which may be
proved to the satisfaction of the court namely:
( a ) if by reason of general bribery, general treating, or
general intimidation, or other misconduct, or other
circumstances, the majority of electors were or may
have been prevented from electing candidates whom
they preferred;
( b ) non-compliance with the provisions of these
regulations relating to election if it appears to the court
that the election was not conducted in accordance with
the principles laid down in such provisions and that
such non-compliance affected the result of the
election;
( c ) that a corrupt practice or an illegal practice was
committed in connection with the election by the
candidate;
( d ) that the candidate personally engaged a person as a
canvasser or agent knowing that such person had
within seven years previous to such engagement been
found guilty of a corrupt practice;
( e ) that the candidate was at the time of his election a
person disqualified for election as a councillor.
    LOCAL COUNCILS   ġ CAP. 363.   77
PART XVI 
Publication of Results in each Locality
Publication of 
result of election 
and of counting 
details.
114. (1) The Commission shall, not later than on the working
day following that on which the result of the counting of the votes
has been ascertained, publish a declaration containing the names of
the candidates elected in each locality and such other particulars as
the Commission may consider necessary.
(2) The Commission shall deposit the declaration aforesaid
with the Minister and shall cause a copy of such declaration to be
published without delay in the Gazette.
(3) Every candidate whose name is published in the Gazette in
accordance with the provisions of regulation 24(1) or who is
declared elected in accordance with the provisions of this
regulation shall be considered to be a councillor of that particular
locality.
(4) The Commission shall publish in the Gazette not later than
seven days after the end of counting a declaration of the result of
the election which declaration shall include a record of the total
votes cast, the total valid and invalid votes, the total votes credited
to each political party, the quota, the first preference credited to
each candidate, any transfer of votes made, and of the total number
of votes credited to each candidate after any such transfer, and any
such other information as the Electoral Commission may consider
necessary. Such declaration shall be in such form as the Electoral
Commission may determine as likely to impart easily all the
information likely to be required by the public.
Preservations of 
documents.
115. (1) The Commission shall preserve until the publication
of the official result of the next following election all used ballot
papers in separate packets, as follows:
( a ) the spoilt ballot papers; 
( b ) the invalid ballot papers;
( c ) the papers at the completion of the counting in the
parcel of each elected candidate and of each non-
elected candidate whose papers have not been
transferred;
( d ) all the non-transferable papers not retained in the
parcel of an elected candidate.
(2) The commissioners shall endorse on each packet a
description of its contents, the date of the election and the locality
to which they relate.
(3) The Commission shall further preserve for the same period
a copy of the declaration of the result of the count and of any
document showing the operations of the transfer of each surplus.
(4) Party delegates, candidates, and counting agents shall have
the right to affix their seals and signatures to such packets.
  78      CAP. 363. ħ                LOCAL COUNCILS
Power of court to 
order unsealing of 
packets.
116.   It shall be lawful for the Constitutional Court before which
any question is brought as to the right of any person to be or to
remain an elected councillor and for any court before which any
proceedings are commenced in accordance with the provisions of
the Act or these regulations to order the opening of the packets
referred to in regulation 46(1) and in regulation 115 and the
production of one or more of the documents therein contained
under such conditions and precautions as may be necessary to
maintain the secrecy of the voting consistently with the due
administration of justice.
PART XVII 
Penal Provisions
Penalty for giving 
false information.
117.   Any person who knowingly makes or subscribes to a false
declaration or otherwise gives false information in connection with
the registration, transfer or cancellation of any voter shall be guilty
of an offence against these regulations and shall on conviction be
liable to imprisonment for a term not exceeding one month or to a
fine ( multa )   not exceeding fifty liri or to both such imprisonment
and fine:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher penalties which in no case shall
exceed a fine ( multa )   not exceeding five hundred liri.
Penalty for 
misconduct in 
polling places, etc.
118.   Every person who misconducts himself in any polling
place or contravenes any of the provisions of regulation 35 or 36 or
takes part in any public meeting or public demonstration held in
contravention of any of the provisions of these regulations, or fails
to obey the lawful order of the assistant commissioners or other
lawful authority in relation to an election, shall on conviction be
liable to a fine ( multa )   not exceeding fifty liri:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher penalties which in no case shall
exceed a fine ( multa )   not exceeding one hundred liri.
Penalty for 
offences in respect 
of nomination, etc.
119. (1) Every person who - 
( a ) forges or fraudulently defaces or fraudulently destroys
any nomination paper or delivers to the commissioner
any nomination paper knowing the same to be forged;
or
( b ) forges or counterfeits or fraudulently defaces or
fraudulently destroys any voting document or ballot
paper or the official mark on any ballot paper; or
( c ) without due authority supplies any voting document or
ballot paper to any person; or
( d ) forges or counterfeits or is in unlawful possession of
any stamp or seal used by the Chief Electoral
Commissioner or the election commissioners or the
principal assistant electoral commissioners or the
    LOCAL COUNCILS   ġ CAP. 363.   79
assistant commissioners;
( e ) is in unlawful possession of any voting document or
ballot paper; or
( f ) fraudulently puts into any ballot box anything other
than the ballot paper which he is authorized by law to
put in; or
( g ) fraudulently takes out of the polling place any ballot
paper; or
( h ) without due authority, destroys, takes, opens or
otherwise interferes with any ballot box or packet of
ballot papers then in use for the purpose of the
election,
shall be guilty of an offence and shall be liable, on conviction, to a
fine ( multa )   not exceeding five hundred liri or to imprisonment for
a term not exceeding six months or to both such fine and
imprisonment:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher penalties which in no case shall
exceed a fine ( multa )   not exceeding three thousand liri.
(2) Every person who aids or abets the commission of an
offence under this regulation or attempts to commit any such
offence shall be liable, on conviction, to the punishment provided
for the offence.
Infringement of 
secrecy as to 
manner of voting.
120.   Every principal assistant electoral commissioner and every
assistant commissioner who shall reveal the manner of voting of
any voter when such manner of voting shall have come to his
knowledge in the course of the exercise of his functions under these
regulations shall be guilty of an offence, and shall, on conviction,
be liable to a fine ( multa )   not exceeding one hundred liri or to
imprisonment for a term not exceeding one month or to both such
fine and imprisonment:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher penalties which in no case shall
exceed a fine ( multa )   not exceeding five hundred liri.
Prohibition of 
activities capable 
of influencing 
voters immediately 
before the election.
121. (1) During the day on which an election for councillors is
held and during the day immediately preceding such an election, no
person shall hold a public demonstration or shall address any public
meeting or any other gathering whatsoever in any place or building
accessible to the public, or on the broadcasting media, on any
matter intended or likely to influence voters in the exercise of the
franchise, or publish or cause to be published any newspaper,
printed matter or other means of communication to the public
containing any matter aforesaid, or issue or cause to be issued any
statement or declaration on any matter aforesaid or knowingly
distribute any newspaper, printed matter, or other means of
communication, or any statement or declaration as aforesaid, and
any person acting in contravention of any of the provisions of this
regulation shall be liable on conviction to a fine ( multa )   not
exceeding five hundred liri or to imprisonment for a term not
  80      CAP. 363. ħ                LOCAL COUNCILS
exceeding six months or to both such fine and imprisonment:
Provided that the Minister may, from time to time, by
notice in the Gazette specify higher penalties which in no case shall
exceed a fine ( multa )   not exceeding three thousand liri.
(2) Every person who aids or abets the commission of an
offence under this regulation or attempts to commit any such
offence, shall be liable on conviction to the punishment provided
for the offence.
Competent courts. 122. (1) All questions regarding the right of any person to be
or remain a councillor shall be referred to and decided by the
Constitutional Court.
Cap. 9.
(2) Any criminal proceedings for offences under these
regulations shall be brought before the Courts of Magistrates and
subject to the following provisions of this regulation, the
provisions of the Criminal Code shall apply to any such
proceedings.
Cap. 446. (3) Notwithstanding anything contained in the Probation Act, a
person who commits any offence under these regulations shall be
convicted and sentenced in respect of that offence and may not be
placed on probation or discharged under that Act.
(4) Every decision of the Courts of Magistrates in respect of an
offence under these regulations, may, in all cases, be appealed
against by the Attorney General and by the party convicted.
PART XVIII
Saving as to Right of Political Parties
Non-exercise of 
certain rights.
123.   The non-exercise by any political party, delegate,
candidate, agent or any person nominated for appointment by a
political party, of any right, power or privilege granted by these
regulations shall not of itself invalidate any action or procedure in
respect of which the right, power or privilege has been granted by
these regulations.
Right to 
information in 
electro-magnetic 
format.
124.   The political parties shall have the right to ask that
information, documents and lists which the Commission should
forward to them, be forwarded in such electro-magnetic format as
the Commission can reasonably supply through the use of its
equipment.
    LOCAL COUNCILS   ġ CAP. 363.   81
FIRST SCHEDULE 
ġRegulation 4ħ
Form of Oath of Office to be taken by the Election Commissioners
I, ............................................... *Chief Electoral Commissioner/Electoral
Commissioner do swear/affirm that I will faithfully perform the duties of
Commissioner to conduct the election of Local Councils according to law. (So help
me God.)
* delete where necessary
  82      CAP. 363. ħ                LOCAL COUNCILS
SECOND SCHEDULE
ġRegulation 8 ( a )ħ
Form of Application for a Person who is not a Citizen of Malta
for Registration as a Voter for Local Councils
To the Electoral Commission, Valletta, Malta
Surname ............................................. I.D. Card No ........................................
Name................................................................................................................
Place of birth ....................................................................................................
Date of birth .....................................................................................................
Nationality .............................................. Passport Number .............................
Place of ordinary residence ............................................................................... 
Name of town or village ................................................................................... 
Street and number of premises........................................................................... 
Name and surname of applicant’s father ............................................................
His place of birth .................................... His nationality*................................
*  ( if applicant's father is dead, give his nationality at the time of his death )
Name and maiden surname of applicant’s mother ..............................................
Her place of birth .................................... Her nationality **.............................
**  ( if applicant's mother is dead, give her nationality at the time of her death )
I hereby apply to be registered as a voter for ...................................................
(1)   electoral division in accordance with the Local Councils Act, 1993, to be
registered as a voter for the election of councillors.
Date ..........................
....................................................
Signature or mark of applicant
(1) Insert name of locality.
FOR OFFICIAL USE ONLY 
Remarks
............/.........../..........
Vtd. ..........................................
Chd..........................................
    LOCAL COUNCILS   ġ CAP. 363.   83
THIRD SCHEDULE 
ġRegulation 8 ( b )ħ
Form of Corrections or Transfers  ( Local Councils )
for a Person who is not a Citizen of Malta
To the Electoral Commission:
I (1)   ................................................. I.D. Card No. ..................................................
formerly residing at (2)   ..................................................................., do hereby give
notice that I have transferred my residence to (3)   ......................................................
................................................................................................................................ .
Date .................................... 
..........................................................
Signature or mark of applicant (4)
..........................................................
Signature and I.D. of witness
Address of witness ................................................................................................... 
(1) Name and surname (also nickname, if any)
(2) Former address as shown on the Local Councils’ Electoral Register 
(3) Present address
(4) Should applicant be unable to write, the person filling in the form is to affix
his or her signature and furnish his or her full address and I.D. Card No.
below applicant’s mark.
  84      CAP. 363. ħ                LOCAL COUNCILS
FOURTH SCHEDULE
ġRegulation 8( c )ħ
Form of Application for a Person who is not a Citizen of Malta 
for the Correction of Designation or Address  ( Local Councils )
To the Electoral Commissioner:
My name (and/or my address*)   appearing in the Local Councils’ Electoral Register
under (1)   ....................................................................................... has been wrongly
designated and I hereby apply that my name (and/or my address*)   be corrected as
follows (2)   ............................................................................................................... 
Date ................................................
.............................................................
(3)   Signature or mark of applicant
.............................................................
Signature and I.D. of witness
Address of witness ...................................................................................................
(*) Cancel the words which do not apply
(1) Locality, full address and I.D. Card Number as shown on the Local Councils’
Electoral Register
(2) State correction desired to be made
(3) Should applicant be unable to write, the person filling in the form is to affix
his or her signature and furnish his or her full address and I.D. Card No. below
applicant’s mark.
    LOCAL COUNCILS   ġ CAP. 363.   85
FIFTH SCHEDULE
ġRegulation 8( d )ħ
Form of Application by female electors who are not Citizens of Malta for the 
correction of surname and address in consequence of marriage  ( Local Councils )
To the Electoral Commission:
As (1)   on the.............................I married (2)   ........................I.D. Number................
I (3)   ......................................................I.D. Number ................................, formerly
residing at (4)   ............................................................ and registered as an elector
under that address, do hereby apply that my surname (and/or address *)   be now
shown as follows (5)   .................................................................................................
Date ................... 
........................................................
(6)   Signature or mark of applicant
........................................................
Signature and I.D. of witness
Address of witness .....................................................................:................... 
* Cancel the words which do not apply.
(1) Date of marriage.
(2) Name, surname in full and I.D. Number of applicant’s husband.
(3) Maiden surname (also nickname, if any)   and I.D. Number of applicant. 
(4) Address as shown on Local Councils’ Electoral Register.
(5) Present address.
(6) Should applicant be unable to write, the person filling in the form is to affix his
signature and furnish his full address and I.D. Number below applicant’s mark.
  86      CAP. 363. ħ                LOCAL COUNCILS
SIXTH SCHEDULE 
ġRegulation 15ħ
Form of Notice by the Electoral Commission
The Electoral Commission established in terms of article 60 of the Constitution
hereby notifies that in virtue of the provisions of the Local Councils Act, an election
is being held in the locality/localities of ....................................................... * on
Saturday, .................................................................................................
..........................................
Chief Electoral Commissioner
* complete as necessary
    LOCAL COUNCILS   ġ CAP. 363.   87
SEVENTH SCHEDULE
ġRegulation 17ħ
Form of Voting Document
  88      CAP. 363. ħ                LOCAL COUNCILS
EIGHTH SCHEDULE
ġRegulation 20ħ
Form of Ballot Paper
    LOCAL COUNCILS   ġ CAP. 363.   89
NINTH SCHEDULE 
ġRegulation 22ħ
Form of Nomination Paper 
To the Election Commissioners
We, the undersigned, being voters entitled to vote at an election of Local Councils
and being registered on the Local Councils’ Electoral Register for
(1)................................... Electoral Division, do hereby nominate
(2)................................... as a candidate 
for the said division and in the interests of the (3)   .....................................................
I, (2)   ......................................... residing at ..............................................................
consent to the above nomination and that my name on the ballot paper be indicated
as (4) .....................................
Date 
....................................................
Signature of candidate
(or of lawful representative 
as the case may be)
(1) Name of locality
(2) Name, surname, address, and I.D. Card No. and occupation of person
nominated. 
(3) Name of political party
(4) Surname and name.
  90      CAP. 363. ħ                LOCAL COUNCILS
TENTH SCHEDULE 
ġRegulation 26, 56ħ
Form of Oath to be taken by Principal Assistant Electoral Commissioners and 
Assistant Electoral Commissioners
I, .................................................................................. Principal Assistant Election
Commissioner/Assistant Election Commissioner* duly appointed to supervise the
taking of the poll at the election of the Local Council of ...........................................
swear/ affirm that I will faithfully perform the duties of such office according to the
provisions of the law, and to report by letter addressed to the Minister any
irregularity observed by me in the conduct of the election.
I also swear/affirm to maintain secrecy regarding the vote given by any elector
which may become known to me. (So help me God.)
Date ........................
Signature .................................................
I.D. Card No ............................................
* delete as necessary
    LOCAL COUNCILS   ġ CAP. 363.   91
ELEVENTH SCHEDULE
ġRegulation 39ħ
Form of oath which an Assistant Commissioner may administer to a Voter  
I, (1)   .........................................................................................................................
of (2)   ...................................................................... do swear/affirm that I am the
same person whose name appears as A.B. in the Local Councils’ Electoral Register
and that I have not already voted either here or elsewhere at this election for Local
councillors. (So help me God.)
Date.................................. Signature or mark of voter .............................................. 
Sworn/Affirmed before me this ...........................day of ...........................................
............................................................
Signature of Assistant Election
Commissioner
(1) Name in full
(2) Address and I.D. Card Number of voter
  92      CAP. 363. ħ                LOCAL COUNCILS
TWELFTH SCHEDULE
ġRegulation 87ħ
Declaration of Result of Poll
Name of Locality .......................................................................
Election of Councillors for the above Locality in the year ...........
We, the undersigned, being the Electoral Commissioners at the poll for the election
of Councillors for the said Locality held on the ............................ day of
......................... of the year .........................., do hereby give notice that the result of
the Poll and of the transfer of votes is as follows:
Number of valid votes ................................................................
Number of councillors to be elected  .......................................... 
Quota (number of votes sufficient to 
secure election of a candidate)  ...............................................
And we do hereby declare the said ............................................................................
duly elected Councillors for the said Locality.
Dated this ....................................day of ............................of the year ....................
....................................................
Electoral Commissioners
    LOCAL COUNCILS   ġ CAP. 363.   93
THIRTEENTH SCHEDULE
ġRegulation 101ħ
Return of Election Expenses
1. Under the head of receipts there shall be shown the name and description of
every person (including the candidate), club, society or association from whom any
money, security, or equivalent of money was received in respect of expenses
incurred on account of or in connection with or incidental to the election, and the
amount received from each person, club, society or association separately.
2. Under the head of expenditure there shall be shown:
( a ) the personal expenses of the candidate incurred or paid by him;
( b ) the name, the rate, and total amount of the pay of each person employed
as an agent, assistants or professional people;
( c ) the travelling expenses and any other expenses incurred by the
candidate on account of agents, assistants or professional people;
( d ) the travelling expenses of persons, whether in receipt of a salary or not,
incurred in connection with the candidature and whether paid or
incurred by the candidate or the person so travelling;
( e ) the cost whether paid or incurred, of:
(i) printing;
(ii) advertising;
(iii) stationery;
(iv) postage;
(v) telegrams;
(vi) rooms hired either for public meetings or as committee rooms;
( f ) any other miscellaneous expenses, whether paid or incurred.
Note:
1) All expenses incurred in connection with the candidature whether paid by the
candidate or any other persons, or remaining unpaid on the date of the return
are to be set out.
2) For all items over twenty-five cents unless from the nature of the case (e.g.
postage)   a receipt is not obtainable, vouchers have to be attached.
3) All sums paid out, but for which no receipt is attached, are to be set out in
detail with dates of payments.
4) All sums unpaid are to be set out in a separate list.
  94      CAP. 363. ħ                LOCAL COUNCILS
FORM OF DECLARATION BY CANDIDATE
I, ................................................................................................, being a candidate
for election in the locality of ........................................................., do hereby swear/
affirm that the above return of election expenses is true to the best of my knowledge
and belief, and that, except the expenses therein set out, no expenses of any nature
whatsoever have to my knowledge or belief been incurred in connection with or for
the purposes of my candidature.
..........................................
Candidate
Sworn/Affirmed before me
.....................................................
Magistrate/Commissioner for Justice/Commissioner of Oaths
    LOCAL COUNCILS   ġ CAP. 363.   95
FOURTEENTH SCHEDULE
ġRegulation 34 (3)ħ
Form to be affixed in each Polling Booth
DIRECTIONS FOR THE GUIDANCE OF THE VOTER IN VOTING
1. Vote by placing the figure 1 opposite the name of the candidate
you most desire to see elected.
2. You are invited (and it is advisable to place)   the figure 2 opposite
the name of your second choice, the figure 3 opposite the name of
your third choice, and so on.
3. It is advisable to go on numbering the candidates in the order of
your preference until you are indifferent as to the candidates whom
you have not marked.
4. If you do not place the figure 1 on your ballot paper or if you place
the figure 1 (indicating a first preference)   and some other figure
opposite the same name, or if you place the figure 1 opposite the
name of more than one candidate, your ballot paper will be invalid
and will not be counted.
5. Do not vote with an X.
6. If you inadvertently spoil a ballot paper you may return it to the
Assistant Commissioner, who will, if satisfied of such
inadvertence, give you another paper.
  96      CAP. 363. ħ                LOCAL COUNCILS
( Article 33 )
Items excluded from responsibility of Local Councils
Industrial Areas:
FOURTH SCHEDULE Amended by:
L.N. 53 of 1995.
Attard Industrial Estate Limits of Attard
Bulebel Industrial Estate Limits of Żejtun
Ħal Far Industrial Estate Limits of Birżebbuġa
Kordin Industrial Estate Limits of Paola
Luqa Industrial Estate Limits of Luqa
Marsa Industrial Estate Limits of Marsa
Mrieħel Industrial Estate Limits of Birkirkara
Ricasoli Industrial Estate Limits of Kalkara
San Ġwann Industrial Estate Limits of San Ġwann 
Xewkija Industrial Estate Limits of Xewkija
Mosta Technopark Limits of Mosta
Gozo Crafts Village Limits of Għarb
Ta’ Qali Crafts Village Limits of Attard
Malta Drydocks Bormla
Malta Freeport Limits of Birżebbuġa
Malta Shipbuilding Limits of Marsa
Delimara Power Station Limits of Marsaxlokk 
Marsa Power Station Limits of Marsa 
Airport Limits of Luqa 
Ta’ Lambert Heliport Limits of Xewkija
Bus Terminus Valletta
Bus Terminus Rabat, Gozo
Albertown Reverse Osmosis Plant Limits of Marsa
Ċirkewwa Reverse Osmosis Plant Limits of Mellieħa
Għar Lapsi Reverse Osmosis Plant Limits of Siġġiewi
Pembroke Reverse Osmosis Plant Limits of Pembroke
Tignè  Reverse Osmosis Plant Sliema
Gas Installation Limits of Birżebbuġa
Petroleum Installation Limits of Birżebbuġa
Sant’ Antnin Solid Waste Plant Limits of Marsaskala
Sant’ Antnin Sewage Plant Limits of Marsaskala
All the Ports listed in the First Schedule to the Maritime Authority Act.
    LOCAL COUNCILS   ġ CAP. 363.   97
Social and Health Centres:
University of Malta Msida
Craig Hospital Rabat, Gozo
Gozo Mental Hospital Rabat, Gozo
Mental Hospital Limits of Xewkija
Mount Carmel Hospital Limits of Attard
St Luke’s Hospital Pieta
St Vincent de Paul Hospital Limits of Luqa
Sir Paul Boffa Hospital Floriana
Zammit Clapp Hospital San Ġiljan
Magħtab Dumping Site Limits of Naxxar
Wied Fulija Dumping Site Limits of Żurrieq
Qortin Dumping Site  Xagħra
Government Ministry Buildings ( ex Beltissebħ) Floriana
Marsa Sports Complex Limits of Marsa
National Swimming Pool Limits of Marsaskala
Site for National Tennis Centre Pembroke
Water Sports Complex Marsalforn Żebbuġ, Gozo
Ta’ Qali National Football Stadium Limits of Attard
Gozo Stadium Limits of Rabat, Gozo
Ta’ Qali Basketball Pavilion Limits of Attard
Kordin Sports Complex  Limits of Paola
Tignè  Football Ground Sliema
University Sports Complex Msida
Bidnija Shooting Range Limits of San Pawl il-Baħar
Gozo Sports Complex Rabat, Gozo
Military Shooting Ranges Limits of Pembroke
Clay Pigeon Shooting Range Żebbuġ, Gozo
Tax-Xhajma Racecourse Xewkija
Cemeteries:
Addolarata Cemetery Limits of Paola
Ta’ Braxia Cemetery Limits of Ħamrun
Kalkara Cemetery Kalkara
Msida Bastions Cemetery Floriana
Mtarfa Cemetery Limits of Attard
St. Mary’s Cemetery Limits of Rabat, Gozo
  98      CAP. 363. ħ                LOCAL COUNCILS
Parks and Heritage Sites:
( Forts and fortifications to include moats, glacis and those components of the forts or
fortifications which though not obvious are part of them)
Buskett Limits of Siġġiewi
Ta’ Qali  Limits of Attard
Għadira Limits of Mellieħa
Simar San Pawl il-Baħar
Comino
Cominotto
Filfla
Fungus Rock
Manoel Island
St Paul’s Islands
Ġġantija Limits of Xagħra, Gozo
Ħaġar Qim Limits of Qrendi
Birgu Fortifications
Bormla Fortifications
Ċittadella Fortifications Rabat, Gozo
Floriana Fortifications
Mdina Fortifications
Senglea Fortifications
Valletta Fortifications
Fort Manoel
Fort Ricasoli
Fort St. Angelo
Fort St. Elmo
Fort Chambrai Limits of Għajnsielem
Cottonera Lines
Victoria Lines
City Gate Valletta
Portes des Bombes Floriana
Wignacourt Aqueduct and Fountain
All archaeological sites registered with the Museums Department
Gardens and Monuments:
Independence Arena Floriana
The Mall Floriana
Lower Barrakka Gardens Valletta
Upper Barrakka Gardens Valletta
Argotti Botanical Gardens Floriana
Rundle Gardens Rabat, Gozo
San Anton Palace Gardens Attard
    LOCAL COUNCILS   ġ CAP. 363.   99
Verdala Palace Gardens Siggiewi
Independence Monument Floriana
Great Siege Monument Valletta
Siege Bell Monument Valletta
War Memorial Floriana
RAF Memorial Floriana
Sette Giugno Monument Valletta
Sette Giugno Memorial Rabat, Gozo
31 March 1979 Monument Birgu
Enrico Mizzi Monument Valletta
Ġorġ Borġ Olivier Monument Valletta
Pawlu Boffa Monument Valletta
Christ the King Monument Floriana
Christ the King Monument Rabat, Gozo 
Dun Mikiel Xerri Monument Valletta
Anton Butiġieġ Monument Ħamrun
Manwel Dimech Monument Valletta
Spencer Monument Ħamrun
Queen Victoria Monument Valletta
Manoel de Vilhena Monument Floriana
Roads:
The arterial and distributor roads determined by the Structure Plan.
  100      CAP. 363. ħ                LOCAL COUNCILS
FIFTH SCHEDULE
ġArticle 24ħ
Oath of Office of Councillors /Mayor/Deputy Mayor
I,.............................................................. duly elected councillor for the locality of
................................................................solemnly swear/affirm that I will faithfully
and conscientiously perform my duties as Councillor/Mayor/Deputy Mayor* in
accordance with the provisions of The Local Councils Act, 1993, and the
Constitution of Malta.
* Delete where necessary
    LOCAL COUNCILS   ġ CAP. 363.   101
Amended by:
XXI.1999.3,41.
SIXTH SCHEDULE
ġArticle 43ħ
Standing Orders
Chairing of 
meetings.
1. (1) The Mayor shall chair meetings of the Council.
(2) In the absence of the Mayor the person presiding the
meeting shall exercise all the functions of the Mayor according to
these standing orders.
(3) The procedures to be followed in the conduct of meetings
of committees of the Council shall, unless the contrary intention
appears, be those outlined in these standing orders.
(4) Any reference in these standing orders to a councillor or a
member of a Council shall be construed as reference to a Mayor or
Deputy Mayor as the case may be unless the contrary intention
appears.
Quorum.
Amended by:
XXI.1999.41.
2. (1) The quorum necessary for the transaction of business
of the Council shall be the first whole number above fifty per cent
of the number of councillors in office and not debarred by reason of
a declared interest.
(2) If a quorum is not present when the Council meets or if
during a meeting the number of councillors present and not
debarred by reason of a declared interest falls below the quorum,
the business not transacted at that meeting shall be transacted at the
next meeting or on such other day as the Mayor may fix:
Provided that if two consecutive meetings of the Council
are adjourned due to a lack of quorum, the quorum necessary for
the transaction of such business at the next subsequent meeting
shall be reduced to fifty per cent of the members in office and not
debarred from attending due to conflict of interest. In the event that
such reduced number for the quorum is not a whole number, the
quorum will be reduced to the highest whole number below fifty
per cent which should be at least two members.
Voting.
Amended by:
XXI.1999.3, 41.
3. (1) Members shall vote by show of hands.
(2) If a member so requests, the Executive Secretary shall
record the names of the members who voted on any question so as
to show whether they voted for or against it.
(3) The person presiding may give an original vote on any
matter put to the vote, and in the case of an equality of votes may
give a casting vote even though he gave an original vote:
Provided that the person presiding shall not give a casting
vote if there is an equality of votes in an election for Mayor or
Deputy Mayor.
(4) Where more than two persons have been nominated for any
position to be filled by the Council and of the votes given there is
not an absolute majority of the Council as constituted in favour of
one person, the name of the person having the least number of votes
shall be struck off the list and a fresh vote taken, and so on until
  102      CAP. 363. ħ                LOCAL COUNCILS
such majority of votes is given in favour of one person.
First meeting of the 
Council after 
election.
4. At the first meeting of the newly elected Council the
business shall be:
( a ) To elect a Mayor, and/or chairmen of committees or
sub-committees as required.
( b ) To receive the Mayor’s and/or chairmen’s declaration
of acceptance of office or, if not then received, to
decide when it shall be received.
( c ) In the ordinary year of election of the Council to fill
any vacancies left unfilled at the election by reason of
insufficient nominations.
( d ) To decide when any declarations of acceptance of
office which have not been received shall be received.
( e ) To elect a Deputy Mayor where such office exists.
( f ) To appoint committees.
Order of business.
Amended by:
XXI. 1999.41.
5. After the first business has been completed, the order of
business, unless the Council otherwise decides on the ground of
urgency in terms of standing order 6, shall be as follows:
( a ) To read and consider the minutes:
Provided that if a copy has been circulated to each
member before the meeting, the minutes may be taken
as read.
( b ) After consideration, to approve that the Mayor and the
Executive Secretary sign the minutes as a correct
record.
( c ) To deal with business expressly required by law or
regulation to be done.
( d ) To consider any matters arising from the previous
minutes and to dispose of business, if any, remaining
from the last meeting.
( e ) To receive such communications as the Mayor may
wish to lay before the Council.
( f ) To answer questions from councillors.
( g ) To receive and consider reports and minutes of
committees and sub-committees.
( h ) To receive and consider reports from officers of the
Council.
( i ) To authorise the sealing of documents as provided in
standing order 25.
( j ) To authorise the signing of orders for payment.
( k ) To consider motions or recommendations in the order
in which they have been notified.
( l ) To deal with any other business specified in the
summons.
    LOCAL COUNCILS   ġ CAP. 363.   103
Motion of urgency.
urgency -
( a ) may be proposed by the Mayor or by any member and,
if proposed by the Mayor may be put to the vote
without being seconded, and
( b ) shall be put to the vote without discussion.
Motion to he put 
on the agenda.
Amended by:
XXI.1999.3, 41.
7. Except as provided by these standing orders, no motion
may be put forward unless the business to which it relates has been
put on the agenda by the Executive Secretary or the mover has
given notice in writing of its terms and has delivered the notice to
the Executive Secretary at least six days before.
Duties of 
Executive 
Secretary in 
connection with 
motions.
Amended by:
XXI.1999.3.
8. (1) The Executive Secretary shall date every notice of
motion or recommendation when received by him, shall number
each notice in the order in which it was received and shall enter it
in a book which shall be open to the inspection of every member of
the Council.
(2) The Executive Secretary shall insert in the summons for
every meeting all notices of motion or recommendation properly
given in the order in which they have been received unless the
member giving a notice of motion has stated in writing that he
intends to move at some later meeting or that he withdraws it.
When motion is to 
be treated as 
withdrawn.
Amended by:
XXI. 1999.41
9. If a motion or recommendation specified in the summons is
not moved either by the member who gave notice of it or by any
other member, it shall, unless postponed by the Council, be treated
as withdrawn and shall not be moved without fresh notice.
Motion falling 
within the province 
of a committee of 
the Council.
Amended by:
XXI. 1999.41.
10. If the subject matter of a motion comes within the province
of a committee of the Council, it shall, upon being moved and
seconded, stand referred without discussion to such committee or to
such other committee as the Council may determine for report:
Provided that the Mayor, if he considers it to be a matter of
urgency, may allow it to be dealt with at the meeting at which it
was moved.
Motions to be 
relevant.
Amended by:
XXI. 1999.41.
11. Every motion or recommendation shall be relevant to some
subject over which the Council has competence of jurisdiction as
established by this Act or which affects its locality. 
Motions moved 
without notice.
Amended by:
XXI. 1999.41.
12. Motions dealing with the following matters may be moved
without notice:
( a ) revoked by Act XXI.1999.41.
( b ) To correct the minutes.
( c ) To approve the minutes.
( d ) To alter the order of business.
( e ) To proceed to the next business.
( f ) To close or adjourn the debate.
( g ) To refer a matter to a committee.
( h ) To appoint a committee or any members thereof.
  104      CAP. 363. ħ                LOCAL COUNCILS
( i ) To adopt a report.
( j ) To authorise the sealing of documents.
( k ) To amend a resolution.
( l ) To give leave to withdraw a resolution or an
amendment.
( m ) To extend the time limit for speeches.
( n ) To silence or eject from the meeting a member named
for misconduct.
( o ) To invite a member to declare an interest in the subject
matter under debate.
( p ) To give the consent of the Council where such consent
is required by these standing orders.
( q ) To adjourn the meeting.
Questions.
Amended by:
XXI.1999.3.
 13. (1) A member may ask the Mayor and/or the Executive
Secretary any question concerning the business of the Council,
provided notice of the question has been given to the person to
whom it is addressed before the meeting begins.
(2) No questions not connected with business under discussion
shall be asked except during the part of the meeting set aside for
questions.
(3) Every question shall be put and answered without
discussion.
No discussions on 
minutes except on 
accuracy.
Substituted by:
XXI. 1999.41.
14. (1) No discussion shall take place upon the minutes except
upon their accuracy. Corrections to the minutes shall be made by
resolution and must be initialled by the Mayor and the Executive
Secretary.
(2) All corrections shall be initialled by the Mayor and the
Executive Secretary in the margin, and copies of corrected minutes
shall be given to each councillor. 
(3) The items which have been corrected shall be clearly
indicated in the minutes recording the meeting when such
corrections have been approved.
(4) No other item on the agenda, unless otherwise decided by
the Council, shall be discussed and considered unless the minutes
of the preceding meeting are approved and signed:
Provided that the Council may only decide to proceed with
the business on the agenda without discussion, consideration or
approval of the minutes of the preceding meeting if and when the
meeting is an urgent meeting of the Council or, where the minutes
have not been duly prepared due to circumstances which the
Council considers to be reasonable and the Council shall not decide
on the reasonableness unless the Executive Secretary has duly
informed the Council of the reasons which may justify the
circumstances for failing to present the minutes.
    LOCAL COUNCILS   ġ CAP. 363.   105
Formal records.
Added by:
XXI.1999.41.
14A. (1) The minutes shall be the formal records of the
proceedings of the Council meetings and shall be drawn up by the
Executive SEcretary.
(2) The minutes shall be -
( a )  brief, so as to provide a record of the subject matters
discussed and the decisions reached;
( b ) accurate, so that they present a true record of the
proceedings; and
( c ) clear, so that those absent from a meeting can be fully
informed of the proceedings and so that there is no
doubt about previous deliberations.
(3) The minutes shall contain -
( a ) the number and date of the meeting, including the time
of commencement and ending;
( b ) the members present, who is in the chair, and
apologies for absence;
( c ) numbered paragraphs;
( d ) all motions and amendments in the exact form that
they are proposed, and the names of the proposer and
seconder;
( e ) the results of any voting, with special mention of
casting vote, when exercised;
( f ) the Chairman’s decision on points of order;
( g ) the entry and exit times of Councillors;
( h ) the date and time of the next meeting.
(4) There shall also be attached to the minutes any
documentation which is deemed necessary in order to keep the
minutes as brief as possible, such as motions and schedules of
payment.
(5) The minutes held by the Executive Secretary, as approved
by the Council, shall be deemed to be the official minutes of the
Council.
(6) The minutes become public documents as soon as they are
approved by the Council and signed by the Chairman and the
Executive Secretary;
(7) When the minutes are approved, the Chairman shall also
put his initials on each page.
(8) The Executive Secretary shall cause the approved minutes
to be properly filed and he shall be responsible for their safe
custody.
(9) A Council may, by resolution, approve the recording or
other registration of proceedings for the purpose only of facilitating
the drawing up of the minutes. Such recordings or registrations may
be destroyed after the approval of the minutes of the meeting to
which they relate.
  106      CAP. 363. ħ                LOCAL COUNCILS
Rules of debate.
Amended by:
XXI. 1999.41.
 15. (1) A motion or amendment to a motion shall not be
discussed unless it has been proposed and seconded, and, unless
proper notice has already been given, it shall, if so required by the
Mayor, be reduced to writing and handed to him before it is further
discussed or put to the meeting.
(2) A member when seconding a motion or amendment may, if
he then declare his intention to do so, reserve his speech until a
later period of the debate.
(3) A member shall direct his intervention to the question
under discussion or to a personal explanation or to a question of
order.
(4) An intervention by a mover of a motion shall not exceed ten
minutes, and no other intervention shall exceed five minutes,
except by consent of the Council.
(5) An amendment shall be either:
( a ) To leave out words.
( b ) To leave out words and insert or add others.
( c ) To insert or add words.
(6) An amendment shall not have the effect of negating the
motion before the Council.
(7) If an amendment be carried, the motion, as amended, shall
take the place of the original resolution and shall become the
resolution upon which any further amendment may be moved.
(8) A further amendment shall not be moved until the Council
has disposed of every amendment previously moved.
(9) A member, other than the mover of a motion, shall not,
without leave of the Council, speak more than once on any
resolution except to move an amendment or further amendment, or
on an amendment, or on a point of order, or in personal
explanation, or to move a closure.
(10)  A member shall be heard forthwith when he intervenes to
make a point of order or a personal explanation. A personal
explanation shall be confined to some material part of a former
intervention by him which may have been misunderstood.
(11) A motion or amendment may be withdrawn by the proposer
with the consent of the Council, which shall be signified without
discussion, and no member may speak upon it after permission has
been asked for its withdrawal unless such permission has been
refused.
(12) When a motion is under debate no other motion shall be
moved except the following:
( a ) To amend the motion.
( b ) To proceed to the next business.
( c ) To adjourn the debate.
( d ) That the question be now put.
( e ) That a member named be not further heard.
    LOCAL COUNCILS   ġ CAP. 363.   107
( f ) That a member named do leave the meeting.
( g ) That the motion be referred to a committee or sub-
committee.
( h ) To adjourn the meeting.
Member to remain 
seated.
16. A member shall remain seated when speaking unless
permitted to stand by the Mayor.
Rulings given by 
Mayor.
Substituted by:
XXI. 1999.41.
17. (1) The Mayor shall give ruling -
( a ) on a point of order;
(b) on the admissibility of a personal explanation; or
( c ) on the orderly conduct of any member as provided in
standing order 20.
(2) The rulings given by the Mayor shall not be discussed.
Rules of motion 
and debate.
Amended by:
XXI. 1999.41.
18. (1) Members shall address the Mayor.
(2) If two or more members wish to intervene, the Mayor shall
call upon one of them to speak first.
(3) Whenever the Mayor or a member is speaking during a
debate, all other members shall remain seated.
(4) At the end of any intervention a member may, without
comment, move "that the question be now put",   "that the debate be
now adjourned" or "that the Council do now adjourn". If such
motion is seconded, the Mayor shall put the motion but, in the case
of a motion "to put the question", he shall do so only if he is of the
opinion that the question before the Council has been sufficiently
debated. If the motion "that the question be now put" is carried, he
shall call upon the mover to exercise or waive his right of reply and
shall put the question immediately after that right has been
exercised or waived. The adjournment of a debate or of the Council
shall not prejudice the mover’s right of reply at the resumption.
Adjournment and 
subsequent 
proceedings.
19. Where a meeting is adjourned the subsequent proceedings
shall be deemed to be part of the original meeting and no new
notices or agendas need to be issued except a notification to
members not present on the date of the continuation of the meeting.
Disorderly 
conduct.
 20. (1) No member shall at a meeting disregard the ruling of
the Mayor, wilfully obstruct business, or behave irregularly,
offensively, improperly or in such a manner as to scandalise the
Council or bring it into contempt or ridicule.
(2) If, in the opinion of the Mayor, a member has broken the
provisions of paragraph (1)   of this standing order, the Mayor shall
express that opinion to the Council and thereafter any member may
move that the member named be no longer heard or that the
member named do leave the meeting, and the motion, if seconded,
shall be put forthwith and without discussion.
(3) If either of the motions mentioned in paragraph (2)   is
disobeyed, the Mayor may suspend the meeting or take such further
steps as may reasonably be necessary to enforce them.
  108      CAP. 363. ħ                LOCAL COUNCILS
Right to reply.
Amended by:
XXI. 1999.41.
21. The mover of a motion shall have a right to reply
immediately before the motion is put to the vote. If an amendment
is proposed the mover of the amendment shall be entitled to reply
immediately before the amendment is put to the vote. A member
exercising a right of reply shall not introduce any new matter. After
the right of reply has been exercised or waived, a vote shall be
taken without further discussion.
Alteration of 
resolution.
Amended by:
XXI. 1999.41.
22. A member may, with the consent of his seconder, move
amendments to his own motion.
Rescission of 
previous 
resolution.
Amended by :
XXI. 1999.41.
23. (1) A decision (whether affirmative or negative)   of the
Council shall not be reversed within six months except either by a
special resolution, the written notice whereof bears the names of at
least two members of the Council, or by a resolution moved in
pursuance of the report or recommendation of a committee or sub-
committee.
(2) When a special resolution or any other resolution moved
under the provisions of paragraph (1)   of this standing order has
been disposed of, no similar resolution may be moved within a
further six months.
Motions on 
expenditure.
Amended by:
XXI. 1999.41.
24. Any motion which is moved otherwise than in pursuance of
a recommendation of the committee responsible for finance or of
another committee after recommendation by the committee
responsible for finance and which, if carried, would, in the opinion
of the Mayor, substantially increase the expenditure upon any
service which is under the management of or reduce the revenue at
the disposal of any committee, or which would involve capital
expenditure, shall, when proposed and seconded, stand adjourned
without discussion to the next ordinary meeting of the Council, and
any committee affected by it shall consider whether it desires to
report thereon (and the committee responsible for finance shall
report on the financial aspect of the matter).
Sealing of 
documents.
Amended by:
XXI.1999.3, 41.
25. (1) A document shall not be sealed on behalf of the
Council unless its sealing has been authorised by a resolution.
(2) The Council’s Seal shall alone be used for authenticating
Council documents and deeds. It shall be applied by the Executive
Secretary in the presence of two councillors who shall sign the
document as witnesses.
(3) The seal shall be kept in the custody of the Executive
Secretary. 
Committees. 26. (1) The Council may at its first meeting, or at any other
time, appoint such committees as are necessary, and subject to any
provision in any law or regulation:
( a ) may appoint persons other than members of the
Council to any committee; and
( b ) may, subject to the provisions of standing order 23, at
any time dissolve or alter the membership of a
committee.
    LOCAL COUNCILS   ġ CAP. 363.   109
(2) The Mayor shall be an  ex officio  member of every
committee.
Summoning of 
committee.
27. The Chairman of a committee may summon a meeting of
that committee at any time. An additional meeting shall also be
summoned on the requisition in writing of the Mayor or not less
than a quarter of the members of the committee. The summons shall
set out the business to be considered at the special meeting and no
other business shall be transacted at that meeting.
Quorum of 
committees.
28. Except where ordered by the Council in the case of a
committee, the quorum of a committee shall be the least whole
number above fifty per cent of the number of members of the
committee not debarred by reason of a declared interest.
Sub-committees.
Amended by:
XXI.1999.3, 41.
 29. (1) There shall be sub-committees, whose name, their
terms of reference, and number of members, and the bodies to be
invited to nominate members shall be determined by the Council.
(2) The Executive Secretary shall inform the members of every
sub-committee of the terms of reference of the sub-committee.
(3) A sub-committee may make recommendations and give
notice thereof to the Council.
(4) A sub-committee may consist wholly of persons who are
not members of the Council.
Voting in 
committees or sub-
committees.
Amended by:
XXI. 1999.41.
30. (1) Members of committees or sub-committees shall vote
by show of hands.
(2) Chairmen of committees and sub-committees shall in the
case of equality of votes have a second or casting vote.
Presence of 
councillors at 
committee or sub-
committee 
meetings.
Amended by:
XXI. 1999.41.
31. A councillor who has proposed a motion which has been
referred to any committee or sub-committee of which he is not a
member, may explain his motion to the committee or sub-
committee but shall not vote. 
Accounts and 
Financial 
Statement.
Amended by:
XXI.1999.3, 41.
 32. (1) Orders for the payment of money shall be authorised
by resolution of the Council and signed by two councillors.
(2) Except as provided in paragraph (3)   of this standing order
or by any other law or regulation, all accounts for payment and
claims upon the Council shall be laid before the Council.
(3) Where it is necessary to make a payment before it has been
authorised by the Council, such payment shall be certified as to its
correctness and urgency by the Executive Secretary. Such payment
shall be authorised by the committee having charge of the business
to which it relates, or by the Executive Secretary with the approval
of the Mayor.
(4) All payments ratified under paragraph (3)   of this standing
order shall be separately included in the next schedule of payments
laid before the Council.
  110      CAP. 363. ħ                LOCAL COUNCILS
Canvassing of and 
recommendations 
by members.
Amended by:
XXI.1999.3, 41.
33. (1) Canvassing of members of the Council or of any
committee, directly or indirectly, for any appointment under the
Council shall disqualify the candidate for such appointment. The
Executive Secretary shall make known the purport of this
paragraph of this standing order to every candidate.
(2) A member of the Council or of any committee shall not
solicit for any person any appointment under the Council or
recommend any person for such appointment or for promotion.
Inspection of 
documents.
Amended by:
XXI. 1999.41.
34. (1) A councillor may for the purpose of his duty as such
(but not otherwise) make arrangements with the Executive
Secretary to inspect any document in possession of the Council or a
committee, and if copies are available shall, on request, be supplied
for the like purpose with a copy.
(2) All minutes kept by the Council and by any committee shall
be open for the inspection of any member of the Council and the
public.
Authorised 
activities.
35. No member of the Council or of any committee or sub-
committee shall in the name of or on behalf of the Council - 
( a ) inspect any lands or premises which the Council has a
right or duty to inspect; or
( b ) issue orders, instructions or directions;
unless authorised to do so by the Council or the relevant committee
or sub-committee.
Bye-laws.
Amended by:
XXI.1999.3, 41.
36. (1) Bye-Laws shall be enacted in both the Maltese and the
English languages and, if there is any conflict between the Maltese
and the English texts of any Bye-Law, the Maltese text shall
prevail.
(2) Draft Bye-Laws shall include the title, the objects and
reasons, short marginal notes, articles, sub-articles, paragraphs and
sub-paragraphs individually numbered.
(3) Draft Bye-Laws duly signed by a proposer and a seconder
shall be put on the agenda of a Council not less than four weeks and
not more than eight weeks from the date on which they have been
received by the Executive Secretary.
(4) The Executive Secretary shall, on receipt of draft Bye-
Laws, cause a copy thereof to be transmitted or delivered to each
councillor in both languages. Should the Minister forward to the
Council any amendments to the proposed Bye-Laws, such
amendments shall likewise be transmitted or delivered to each
councillor by the Executive Secretary forthwith:
Provided that the draft Bye-Laws or any amendments
thereto shall be transmitted or delivered to each councillor in type-
written or printed form.
(5) When draft Bye-Laws are brought up for discussion by the
Council, the proposer shall summarise the objects and reasons for
the motion in an intervention which shall not exceed five minutes.
No debate shall be held on the motion and the chairman of the
    LOCAL COUNCILS   ġ CAP. 363.   111
meeting shall bring the objects and reasons of the draft Bye-Laws
to a vote.
(6) Once the objects and reasons have been approved, the
Council may at the same sitting proceed to discuss the draft Bye-
Laws article by article allowing for the draft Bye-Laws and any
amendments thereto to be approved by a majority of those present:
Provided that amendments to the draft Bye-Laws shall be
relevant to the subject matter of the Bye-Laws.
(7) On the approval of all articles by the Council, the Mayor
may order that, in the case where amendments have been made, a
newly typed version be produced and shall cause a copy thereof to
be transmitted or delivered to each councillor and submitted to the
Director in terms of article 35(3).
(8) ( a ) After the lapse of the period of six weeks established
by article 35(4) of the Act or after the Council has
received any amendments by the Minister, whichever
is the earlier, the Council shall either discuss the
amendments proposed by the Minister or approve the
Bye-Laws as originally proposed, as the case may be.
( b ) If the Minister has not proposed any amendments as
aforesaid, the Bye-Laws as originally proposed shall
be approved without debate.
(9) Draft Bye-Laws which are not approved by the Council or
which are objected to by the Minister shall not be tabled again
before a period of six months from the date when they have been
objected to or not approved as the case may be.
Consultations.
Amended by:
XXI.1999.3.
 37. (1) Should the Council be consulted by the Planning
Authority or by any other competent authority about an application
or applications for planning or any other permission, the Executive
Secretary shall, as soon as the request is received, enter in a book
kept for the purpose the following particulars of each consultation: 
( a ) the date on which the request was received;
( b ) the name of the authority consulting the Council;
( c ) the name of the applicant;
( d ) the place to which it relates; and
( e ) a summary of the nature of the application.
(2) The Executive Secretary shall refer every request for
consultation to the Mayor within forty-eight hours of receiving it.
(3) The Mayor may act in conformity with delegated powers
from the Council or shall refer the request to the Council or a
committee of the Council previously empowered by the Council to
handle such requests.
Tendering 
procedures.
38. The Council shall follow such tendering procedures as the
Minister may from time to time by regulations prescribe.
Code of conduct on 
complaints.
39. The Council shall deal with complaints of
maladministration allegedly committed by the Council or by any
  112      CAP. 363. ħ                LOCAL COUNCILS
officer or member in the manner which the Minister may by
regulations prescribe.
Standing orders to 
be given to 
members.
Amended by:
XXI.1999.3.
40. A copy of these standing orders shall be given to each
member by the Executive Secretary upon delivery to him of the
member’s declaration of acceptance of office.
    LOCAL COUNCILS   ġ CAP. 363.   113
ġArticle 4, 25ħ
Election of Mayor and Deputy Mayor
Voting Procedure
1. At the meeting at which the Mayor and/or Deputy Mayor is/are to be elected,
councillors shall forthwith proceed with the election procedure in accordance with
the standing orders.
2. The councillors shall elect the Mayor and the Deputy Mayor by separate
open ballots.
3. Each councillor may nominate any other councillor as Mayor or Deputy
Mayor and in the event of two or more nominations for the same post, voting will be
taken in alphabetical order of surnames and, if two or more candidates have identical
surnames and names the order of precedence will be determined by lot.
4. A councillor will vote by stating in an audible voice ''Yes'', ''No'' or
''Abstain'' for each candidate in the said order. A refusal to express a preference (by
any councillor present at the meeting) shall be counted as an abstention. The
Executive Secretary shall record the vote expressed by each councillor.
5. The first candidate to obtain a simple majority of the votes cast by the
councillors shall be elected. If no candidate is so elected the voting shall be repeated
for five other times in the same sitting.
6. If, for any reason whatsoever, the Council is unable to select a Mayor or
Deputy Mayor after having taken six consecutive votes in the same sitting, the
meeting will be adjourned to the same day, time and place of the following week and
the procedures set out in regulations 1 to 5 of this Schedule shall be repeated
provided that if after a further six consecutive votes have been taken, the Council is
still unable to elect the Mayor or Deputy Mayor, the councillor most senior in age
(or if he refuses, the person next senior in age and so on) will assume the functions
of Mayor or Deputy Mayor, as the case may be, for a period of three months. 
7. The preceding voting procedures will be repeated after the lapse of the three
months and, if necessary, after subsequent three monthly terms, until such time as
the Mayor or Deputy Mayor is elected in accordance with the procedures set out in
this Schedule.
8. The Executive Secretary shall cause the name of the elected Mayor and of
the Deputy Mayor to be published in the Gazette together with the date of the
election and in the case that the Mayor or the Deputy Mayor has not been elected, the
name of the councillor who assumed the functions of Mayor or Deputy Mayor, as the
case may be, and the date of assuming the office.
SEVENTH SCHEDULE Substituted  by:
XXI.1999.39.
  114      CAP. 363. ħ                LOCAL COUNCILS
Approved Non-Governmental Organisations
1. Angel Fish Swimming Club
2. Angela House - Guardamangia
3. Association for the Transport of the Maltese Sick and Poor to Lourdes
4. Association of Speech Therapists
5. Association for Spina Bifida and Hydrocephalus
6. Caritas National Council
7. Central Office of the Diocesan Commission for Children’s Homes
8. Cini Institute - St Venera
9. Dar il-Wens
10. Dar tal-Providenza - Siġġiewi
11. Diabetes Association ( Malta)
12. Din 1-Art Ħelwa
13. Dyslexia Association
14. Fatima Working Girls’ House - Sliema
15. Federation of Societies for the Handicapped
16. Fra Diegu - Ħamrun
17. Friends of Attard Hospital Society
18. Għaqda Franġiskana għall-Għomja
19. Għaqda Ġenituri Tfal Ħandikappati
20. Għaqda għat-Tfal u Żgħażagħ Neqsin mis-Smiegħ
21. Għaqda Ħandikappati Għawdxin
22. Għaqda Ħbieb ta’ l-Isptar Monte Carmeli
23. Għaqda Ħidma Filantropika
24. Għaqda tal-Ħemofilja
25. Għaqda ta’ Schizophrenia
26. Għaqda Żgħażagħ Ħandikappati
27. Girl Guides Association
28. Good Shepherd Institute - Balzan
29. Gozo Association for the Deaf
30. Ħbieb taċ-Ċentru Ħidma Soċjali
31. Hospice Movement
32. Jesus of Nazareth - Żejtun
33. Kummissjoni Ħidma għall-Morda u Ħandikappati
34. Lourdes Home - Għawdex
35. Malta Anti-Cancer Society
36. Malta Catholic Action
37. Malta Community Chest Fund
38. Missionaries of Charity of Mother Theresa
39. M.M.D.N.A.
40. Muscular Dystrophy Group
41. Oratorju Maria Immakulata - Mosta
42. Ospizio San Giuseppe - Żebbuġ
Amended by:
L.N. 255 of 1998;
L.N. 77 of 2001;
L.N. 153 of 2002;
XII. 2002.12.
EIGHTH SCHEDULE
ġArticle 63Aħ
    LOCAL COUNCILS   ġ CAP. 363.   115
43. Physically Handicapped and Deaf Sub Aqua Club
44. Physically Handicapped Rehabilitation Fund
45. Playing Fields Association
46. Salesian Boys Brigade
47. Societas Doctrinae Christianae ( M.U.S.E.U.M.)   Female Section
48. Societas Doctrinae Christianae ( M.U.S.E.U.M.)   Men’s Section
49. Society for the Blind
50. St Francis De Paul Institute - Birkirkara
51. St John’s Ambulance
52. St Joseph Home - St Venera
53. St Joseph Home - Żabbar
54. St Joseph Home - Żejtun
55. St Joseph Institute - Cospicua
56. St Joseph Institute - Għawdex
57. St Paul’s Home - Ħamrun
58. St Therese Children’s Home - Żurrieq
59. The Foundation for Respite Care Services
60. The Holy Family Home -Naxxar
61. The Meat Fund
62. The Scouts Association
63. The St Jeanne Antide Welfare Campaign
64. Ursoline Creche - Sliema
65. Ursoline Creche - Tarxien
66. Ursoline Creche - Valletta
67. Żgħażagħ Ħaddiema Nsara
68. Dar Frate Francesco
69. Dar Nazareth
70. Friends of St. Vincent de Paule
71. Kummissjoni Djoċesana Żgħażagħ
72. Laboratorju tal-Paċi
73. Maria Bugeja Cancer Support Foundation
74. Moviment Azzjoni Soċjali
75. Moviment Kerygma
76. Raoul Follerau Foundation
77. Third World Group
78. Down Syndrome Association
79. Eden Foundation
80. Institute for Brain Injured Children
81. Daritama
82. Fondazzjoni Suret il-Bniedem
83. Moviment Era Ġdida
84. Richmond Foundation
85. Malta Red Cross Society
86. Moviment Favur id-Drittijiet ta’ Persuni B’Diżabilitá
87. Little Sisters of the Poor
88. OASI Foundation
89. Fondazzjoni Arka
90. Tobit Foundation
91. St. Theresa Home - Rabat (Gozo)
  116      CAP. 363. ħ                LOCAL COUNCILS
Listed hamlets in terms of article 47A and the plans delineating their boundaries
and respective streets, the following:
Fleur-de-Lys in the locality Birkirkara
Santa  Luċija in the locality Ker ċem
Gwardaman ġa in the locality Pietà
Paceville in the locality San  Ġiljan
Kappara in the locality San  Ġwann
Ibra ġ in the locality Swieqi
Madliena in the locality Swieqi
Marsalforn in the locality  Żebbu ġ
Bubaqra in the locality  Żurrieq
Xlendi in the locality Munxar.
Added by:
XXI.1999.42.
Amended by:
L.N. 48 of 2002;
XVI. 2003.24.
NINTH  SCHEDULE
ġArticle 47ħ
    LOCAL COUNCILS   ġ CAP. 363.   117
Financial allocation to Councils
Monies appropriated for Local Councils in terms of article 55 shall be allocated to
each Council as follows:
Where S n  is the allocation which will be received by locality (n)
Sn = (Gt  x (ġ0.38 x Gan/Gatħ + ġ0.51 x Gbn/Gbtħ +ġ0.06 x Gcn/Gctħ +
ġ0.05 x Gdn/Gdtħ)) +
(Vt  x (ġ0.5 x Hvn/Hvtħ + ġ0.5 x Sin/Sitħ)) +
(Kt  x (ġ0.13 x U1n/U1tħ + ġ0.17 x U2n/U2tħ + ġ0.43 x U3n/U3tħ +
ġ0.27 x U4n/U4tħ)) +
(Rt  x Pn/Pt) +
(Bt  x Pn/Pt) + 
(Skt  x Pn/Pt) + 
(Wt  x Pn/Pt) + 
(Mt  x (ġ0.42 x Uan/Uatħ + ġ0.37 x Ubn/Ubtħ + ġ0.21 x Ucn/Uctħ))
+
(Lt  x Cn/Ct) + 
(Nt  x Nun/Nut) +
(Tt  x (ġ0.7 x Un/Utħ + ġ0.3 x Nun/Nutħ)) +
(Xt  x (ġ0.04 x Xan/Xatħ + ġ0.378 x Xbn/Xbtħ + ġ0.316 x Xcn/
Xctħ + ġ0.266 x Xdn/Xdtħ)) +
(Slt x (ġ0.386 x Un/Utħ + ġ0.043 x Nun/Nutħ + ġ0.571 x Sen/Setħ))
+
(Bst x Shn/Sht) +
(Egt x (ġKgn/Kgtħ + ġL1n/L1tħ + ġCcn/Cctħ + ġLzn/Lztħ)) +
(At x En/Et);
where St is the total appropriation made by the Minister responsible for finance in
terms of article 55 
St = (Gt + Vt + Kt + Rt + Bt + Skt + Wt + Mt + Lt + Nt + Tt + Xt + Slt
+ Bst + Egt + At); 
and where
Gt is the total appropriation for the maintenance of parks and gardens of
all localities added together;
Gan, Gbn, are the four types of classifications of areas in the parks and gardens
Gcn, Gdn,  of locality;
Gat, Gbt, are the four types of classifications of areas in the parks and gardens
Gct, Gdt, of all localities added together;
Vt is the total appropriation for the maintenance of soft areas of all
TENTH  SCHEDULE Substituted by:
XXI.1999.40;
L.N. 19 of 2001;
L.N. 79 of 2002;
L.N. 117 of 2003.
ġArticle 55ħ
  118      CAP. 363. ħ                LOCAL COUNCILS
localities added together;
Hvn is the area of soil for the soft areas of locality;
Hvt is the area of soil for the soft areas of all localities added together;
Sin is the number of trees in the soft areas of locality;
Sit is the number of trees in the soft areas of all localities added
together;
Kt is the total appropriation for the street sweeping and weed cutting
of all localities added together;
U1n, U2n, are the road lengths for the four categories of urban roads of locality;
U3n, U4n
U1t, U2t, are the road lengths for the four categories of urban roads of all 
U3t, U4t localities added together;
Rt is the total appropriation for the refuse collection from all
localities added together;
Pn is the number of properties of locality;
Pt is the number of properties of all localities added together;
Bt is the total appropriation for the bulky refuse collection of all
localities added together;
Skt is the total appropriation for the use of skips of all localities added
together;
Wt is the total appropriation for the use of bins-on-wheels of all
localities added together;
Mt is the total appropriation for the maintenance of road signs and
markings of all localities added together;
Uan, Ubn, are the road lengths for the three categories of urban roads of 
Ucn locality;
Uat, Ubt are the road lengths for the three categories of urban roads of all 
Uct localities added together; 
Lt is the total appropriation for the maintenance of public
conveniences of all localities added together;
Cn is the number of urinals and WCs in the public conveniences of
locality;
Ct is the number of urinals and WCs in the public conveniences of all
localities added together;
Nt is the total appropriation for the cleaning of roads in the non-
urban zone of all localities added together;
Nun is the road lengths of the non-urban zone of locality;
Nut is the road lengths of the non-urban zone of all localities added
together;
Tt is the total appropriation for the maintenance of roads of all
localities added together;
Un is the road lengths of the urban zone of locality;
    LOCAL COUNCILS   ġ CAP. 363.   119
Ut is the road lengths of the urban zone of all localities added
together;
Xt is the total appropriation for the cleaning of beaches and coastal
areas of all localities added together;
Xan, Xbn, are the areas for the four categories of beaches and coastal areas of 
Xcn, Xdn, locality; 
Xat, Xbt, are the areas for the four categories of beaches and coastal areas of
Xct, Xdt, all localities added together;
Slt is the total appropriation for new street lamps and the
maintenance of existing street lamps of all localities added
together;
Sen is the number of existing street lamps of locality;
Set is the number of existing street lamps of all localities added
together;
Bst it the total appropriation for the maintenance of bus shelters of all
localities added together;
Shn is the number of bus shelters of locality;
Sht is the number of bus shelters of all localities added together;
Egt is the total appropriation for Electronic Government;
Kgn is the number of Government property rents paid in one year in
locality;
Kgt is the number of Government property rents paid in one year in all
localities added together;
L1n is the number of fines paid in one year in locality on behalf of
other localities;
L1t is the number of fines paid in one year in all localities added
together on behalf of other localities;
Ccn is the number of complaints made in one year in locality through
Local Councils Customer Care Software;
Cct is the number of complaints made in one year in all localities
added together through Local Councils Customer Care Software;
Lzn is the number of trading licences processed in one year in locality;
Lzt is the total number of trading licences processed in one year in all
localities added together;
At is the total appropriation for the administration costs of all
localities added together;
En is the number of councillors forming part of the council of
locality;
Et is the number of councillors forming part of the councils of all
localities added together.
