LOCAL COUNCILS (COMPLAINTS)  ġ S.L.363.04 1
SUBSIDIARY LEGISLATION 363.04
LOCAL COUNCILS (COMPLAINTS) 
REGULATIONS
26th November, 1993
LEGAL NOTICE 159 of 1993.
PART I
General Provisions
Citation .
(Complaints) Regulations.
Interpretation.
Cap. 363.
"complaint" means any concern, accusation, criticism, grievance,
charge or protest or any other negative information addressed to or
received by the Council or any Council employee whether directly
or indirectly,
"urgent complaint" means a complaint which by its nature is
considered as urgent and includes a complaint which -
(i) alleges a major breach of national or local laws;
or
(ii) indicates a serious safety risk; or
(iii) indicates that a substantial liability may be
incurred by the Council; or
(iv) is so deemed by the Secretary.
General conditions 
and classification 
of complaints.
3. All complaints shall be treated and reviewed in accordance
with these regulations and any procedures which may be issued by
the Minister, and shall be classified under the following three
categories:
(i) Category One complaints referring to general Local
Council matters as defined in the Act and including:
( a ) unlawful activities, actions or situations as
described in article 13(1), article 16(1), article
22( a ) and ( b ) and article 71 of the Act;
( b ) any other unlawful activities of the Council,
Councillors, Secretary or any other employee;
( c ) unsatisfactory or incorrect execution of the
functions, administration, or any other business
of the Council, Councillors, Secretary or any
other employee, excluding Category Two
complaints;
( d ) intentional disregard by the Council to the
contravention of a bye-law;
( e ) Council activities which result in consequential
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damages to a complainant excluding Category
Two complaints;
( f ) negative aspects or activities related to the
police, traffic, environment, health, education,
consumer protection, and any activities which
are likely to create a nuisance.
(ii) Category Two complaints referring to the following
specific Council functions:
( a ) defective or unsatisfactory services or works
executed by or for the Council;
( b ) defective materials or supplies provided by or to
the Council;
( c ) Council functions referred to in sub-paragraphs
( a ) and ( b ) which result in consequential
damages to a complainant;
(iii) Category Three complaints referring to third party
matters and including:
( a ) dangerous, unsafe, unhealthy, unsightly or
damaging structures, items or activities within
the locality;
( b ) unlawful, unsafe or undesirable commercial,
building or construction activities.
PART II
Handling of complaints
Recording and 
classification of 
complaints.
4. (1) On receiving a complaint the Secretary shall ensure
that it is recorded together with all the original details and that it is
thoroughly investigated and dealt with until it is closed.
(2) Complaints shall be classified by category, type and degree
of importance or urgency according to these regulations and to any
procedures which may be issued by the Minister. The Council may
moreover adopt internal procedures not inconsistent with the said
regulations or procedures.
Complaints 
referring to third 
party matters.
5. The Council may deal with Category Three complaints on
behalf of the complainant:
Provided that:
( a ) the subject of such complaint does not fall within the
competence of a Government department or agency;
( b ) the Council or the Secretary deems the subject of such
a complaint of importance to the locality.
Complaints of an 
urgent nature.
6. (1) The Secretary shall respond to or address complaints of
an urgent nature within twenty-four hours of their receipt.
(2) The Secretary shall immediately inform the Council of any
complaint of an urgent nature and of any action taken.
Secretary to report 
to the Council on 
new complaints.
7. (1) The Secretary shall present to the Council a report
listing all new complaints received prior to each Council meeting.
LOCAL COUNCILS (COMPLAINTS)  ġ S.L.363.04 3
(2) The report referred to in subregulation (1) shall include
recommendations and supporting information for the Council’s
consideration on how to act on the new complaints received.
Report on status of 
complaints.
8. (1) The Secretary shall at each Council meeting report to
the Council on the current status of all complaints.
(2) The status report referred to in subregulation (1) shall
include:
( a ) an analysis of complaints by category, type and degree
of importance;
( b ) the average time taken by the Council in closing
complaints in the current financial year;
( c ) the age of all pending complaints;
( d ) the identification of complaints which are related by
their nature or which indicate that a particular
problem, issue or situation has aggravated or
improved;
( e ) monthly trends in the receipt of complaints.
Council to decide 
on complaints.
9. (1) The Council shall discuss the reports presented by the
Secretary under regulations 6 and 7 and shall decide on the
necessary action to be taken or the response to be given.
(2) The Secretary shall ensure that such Council decisions are
implemented as early as possible.
Closure of 
complaints.
10. (1) A complaint shall be considered closed when:
( a ) it is dismissed as frivolous, vexatious or trivial by the
Council;
( b ) the Council finds the complaint to be unreasonable,
unsubstantiated, unfounded or unjustified;
( c ) the Council has resolved the issue, concern, point or
matter of the complaint by providing information to
the satisfaction of the complainant;
( d ) the complainant withdraws the complaint and the
Council is satisfied that the complaint should be
closed;
( e ) the Council, or any other body or organisation to
whom the complaint was referred, has successfully
addressed the matter of the complaint to the
satisfaction of the complainant;
( f ) the Council has indemnified or compensated the
complainant following a claim for damages;
( g ) the Council has initiated legal proceedings in the case
of the contravention of national laws or locality
bye-laws;
( h ) the Council has, by any other means, satisfied the
complainant.
(2) If the subject of a complaint is  sub judice  or under police
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investigation or has been referred to the Permanent Commission
Against Corruption, the complaint shall be put  sine die  awaiting the
outcome of the judgement or the investigation.
The Secretary to 
answer complaints.
11. (1) Subject to the provision of regulation 5, the Secretary
shall answer in writing any complaint within thirty days of its
receipt.
(2) The answer referred to in subregulation (1) shall include
information, details of any investigation or action taken or to be
taken and shall state whether or not the Council considers the
complaint closed according to regulation 10.
(3) The Secretary shall inform complainant when the complaint
is closed.
(4) The Secretary shall continue to update each complainant in
writing every thirty days until the complaint is closed according to
regulation 10.
