|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Maltese Laws |
MALTA STATISTICS AUTHORITY ACT
AN ACT to provide for the establishment of an Authority to be known as the Malta Statistics Authority, and for the exercise by or on behalf of that Authority of regulatory functions regarding resources relating to the collection, compilation and publishing of official statistics, and to make provision with respect to matters ancillary thereto or connected therewith.
1st March, 2001
ACT XXIV of 2000, as amended by Act XXXII of 2007; and Legal
Notices 426 of 2007 and 105 of 2008.
Act.
"advi sory co mmit tee" o r "co mmitt ee" mean an ad visor y committee established in accordance with article
33;
"Authority" means the Malta Statistics Authority established by article 3;
"Chairperson" means the Chairperson of the Authority and includes, in the circumstances mentioned in article 5(2), the Deputy
Chairperson or other person appointed to act as chairperson:
Provided that in relation to article 34, "Chairperson" means the Chairperson of an advisory committee;
"co n fidential data" means da ta obtained by the Nat i onal Statistics Office for the production of official statistics
when such data allows statistical units to be identified directly or indirectly, thereby disclosing individual information;
"copy" means the reproduction of a record or any part thereof by writing, photocopying, electronic or any other means;
"Director General" means the person so appointed by virtue of article 9;
"directorates" means any such directorates as may be established by regulations made under article 42;
"employee" means a person employed by the Authority;
"financial year" means any period of twelve months ending on the 31st December:
Provided that the financial year which commenced on the 1st Octo ber, 2 007 shall be fo r a perio d of fi fteen mo nth s and shal
l terminate on the 31st December, 2008;
"functions" includes powers and duties;
"impartiality" means the objective and independent manner of producing official statistics free from any pressure from political
or
Short title. Interpretation.
Amended by:
XXXII. 2007.15.
other interest groups, particular ly as regards the selection of techniques, definitions an d met hodo logies best suited to th e attainment of the objectives as set out; it implies the availability of statistics to all users;
Cap. 363. "local council" means a council set up under the Local Councils
Act;
"Malta" has the same meaning as is assigned to it by article 124 of the Constitution;
"Minister" means the Minister responsible for statistics;
"Off ice" m eans the National St atistics Office established by article 9;
"official statistics" means information obtained by processing data in order to characterize collective phenomena in a considered
population in the framework of implementation of the business plan of the Office;
"population" means any set or subset of statistical units, whether such units are natural persons, legal persons or any
other economic unit;
"prem i ses" includes any dw elli ng, bu ilding, place, vessel or aircraft within or on territory which falls under the
jurisdiction of Malta;
"prescribed" means prescribed by regulations or orders made under this Act;
"production of of ficial statistics" means al l the activit ies necessary for the preparation, collecti on, storag e, processing,
compilation, analysis and dissemination of statistical information;
"p ubl ic auth orit y" mean s an y g overnment department , lo cal council, offi cial board or committ ee and any other
public body established by law;
"public officer", in relation to article 12, has the same meaning as is assigned to it by article 124 of the Constitution, but does not include a Judge of the Superior Co urts o r a Magi strate o f the Inferior Courts;
"record" includes any paper, photographic, electronic, or other mode of recording or storing information and any form, schedule,
questionnaire, or any other such document;
"reliability" means that the statistics shall reflect as faithfully as possible the reality which they are designed to represent;
it implies that scientific criteria are used for the selection of sources, methods and procedures;
"statisti cs" includes, in additio n to num er ical data, all other inf ormation which is n ecessar y for the collection,
com pilation, analysis and interpretation of data;
"transp a rency" means the rights o f respond en ts to have information on the legal basis under which the data is required
and the protective mea s ures adopted to prot ect th e id enti ty of the respondent;
"un d ertak i ng" means any econom ic u n it and includes institutions, groups of undertakings and associates, whether
private or public.
(2) The Authority shall be a body corporate having a distinct legal personality and shall be capable, subject to the provisions of this Act, of entering into cont racts, of acquiring, holdi ng and disposing of any kind of property for the purposes of its functions, or suing and being sued, and of doing all such things and entering into all such transactions as are incide ntal or conducive to the exercise or performance of its functions under this Act, including the lending or borrowing of money.
Provided that the Authority may from time to time appoint any one or more of its members, or any one or more of its officers or employees,
to appear in its name and on its behalf in any judicial proceedings or on any act, contract, instrument or other document whatsoever.
5. (1) The Authority shall be composed as follows: (a) a chairperson appointed by the Minister;
(b) the Director General ex officio;
(c) six other members, who shall have the necessary technical competence in the domain of statistics, to be appointed by the
Minister, being -
(i) one member, after consultation with the Central
Bank of Malta;
(ii) one member, after consultation with the trade union movement, as represented on the Malta Council for Economic Development;
(iii) one member, after consultation with the
University of Malta;
(iv) one member, after consultation with the business community, as represented on the Malta Council for Economic Development;
and
(v) two members, being professionals in the field of statistics, so appointed by the Minister.
(2) The Minister may designate one of the appointed members of the Aut hor ity as Dep u ty Chairperson and the member s o designated
shall have all the powers and perform all the functions of t h e Chair p erson dur ing his absence or inab ilit y to act as chairperson
or while the Chairperson is on vacation or during any
Establishment of the Malta Statistics Authority.
Legal and judicial representation.
Composition of the
Authority.
any circum stances aforesaid, a ppoint another person to act as Chairperson and in such case the foregoing provisions shall apply
in respect of such person.
(3) The members of the Authority, other than the Director General, shall be appointed by the Minister for a term of one
year or for such longer period as may be specified in the instrument of appointment, subject to a maximum of three years, but the
members so appointed may be re-appointed on the expiration of their term of office.
(4) (a) The Authority shall appoint one of its officers to act as secretary for such period as it shall deem appropriate.
(b) It shall be the duty of the secretary to make the necessary preparations for the m e etings of the Authority and to
keep minutes of those meetings.
(5) (a) A person shall not be eligible to be appointed or to hold of fice as Chairperson o r as a m e m b er of the Authority if he -
(i) is a Minister, Parliamentary Secretary, a member of the House of Representatives, or a member of any Local Council; or
(ii) is a Judge or a Magistrate of the Courts of
Justice; or
(iii) is legally incapacitated; or
(iv) has been declared bankrupt or has made a composition or arrangement with his creditors; or
(v) has committed an offence involving fraud or other dishonesty, or has contravened any provision of law
designed for protecting members of the public against financial loss due to dishonesty, incompetence or malpractice by
persons involved in business activities or in carrying on a profession, or has engaged in any business practice appearing
to the Minister to be deceitful or oppressive or otherwise improper (whether unlawful or not) or which otherwise reflects
discredit on his method of conducting business or his profession; or
(vi) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as
a member of the Authority:
Provided that the Minister may waive the disqualification of a person under this paragraph if such person declares the interest
and such declaration and waiver are published in the Gazette; or
(vii) is otherwise not a fit and proper person to hold that office.
(b) In determining whether a person is a fit and proper
perso n un der parag r a p h ( a )(vii ), the Mi ni ster shal l have regard to that person’s probity, to his competence and soundness of judgment for fulfilling
the re sponsibilities of th at offi ce, to th e diligence with wh ich h e i s fu lf il li n g or i s li kel y t o fu lf il t h ose
r e spo n sibil ities and to whether th e interest of an y person are, or are likely to be in any way threatened, by his holding
that office.
(c) Any person whom the Minister has appointed or proposes to appoint as a member of the Authority shall, whenever requested
by the Minister to do so, furnish to him su ch inf o r m atio n as the Minister cons iders necessary for the performance of the
Minister ’s duties under paragraphs (a) and (b).
(d) A member of the Authority may be relieved from office by the Minister on th e ground of inability to perform the functions
of his office, whether due to infirmity of mind or of body, or to any other cause, or of misbehaviour; and for the purposes of this
paragraph repeated and unjustified non-attendance at meetings may be deemed to amount to misbehaviour.
(e) The names of all the members of the Authority and any change in such membership shall be published in the Gazette.
(f) Any member of the Authority, other than the Director General, may resign from office by letter addressed to the Minister.
(6) Any member of the Authority who has any direct or indirect interest in any contract made or proposed to be made by
the Authority, not being an interest which disqualifies such member from remaining a member, shall, not later than the first meeting
held after the relevant circumstances have come to his knowledge, disc lose th e n a tu re of h i s in terest, a nd th e m e m b
er hav i ng an interest as aforesaid shall withdraw from any meetings at which such contra ct is disc usse d. Any suc h disclosure
sha l l be communicated to the Minister without delay. Where the interest of
the member is such as to disqualify him from remaining a member, he shall report the fact immediately to the Minister and tender his
resignation.
(7) If a member resigns or if the office of a member of the Au th orit y is ot herw ise vac ant o r if a m em b er is for an y
reason unable to perform the functions of his office, the Minister m ay appoint a person who is qualified to be appointed to be a
member to be a tem porary m e mber of the Au thority; and any person so appointed shall, subject to the provisions of subarticle
(5), cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was
unable to perform the functions of his office resumes those functions.
(8) The Chairperson and members of the Authority, except the Director General, shall be paid such honoraria as the Minister may determine.
affairs of the
Authority.
Functions of the
Authority.
Authority may regulate its own procedure.
(2) The Authority shall meet at least twice every calendar quarter.
(3) The Authority may exercise its functions notwithstanding any vacancy in its membership, as long as such vacancies do not exceed
three in number.
(4) Meetings of the Authority shall be convened by the Chairperson or, in his absence, by the Deputy Chairperson, either
on his own initiative or at the written request of any three of the other members of the Authority.
(5) Decisions shall be taken by a simple majority of votes of the member s present an d vo ting . The Chairp erson or, in his
absence, the Deputy Chairperson, or other person appointed to act as chairperson, shall have an initial vote and, in the event of
an equality of votes, a casting vote. Without prejudice to the other requi rements of this Act, no decision shall be valid unless
it i s supported by at least three members of the Authority.
(6) Subject to the foregoing provisions of this article, no act or proceeding of the Authority shall be invalidated merely by
reason of the existence of any vacancy among the members.
(7) All acts done by any person acting in good faith, as a member of the Authority, shall be valid as if he were a
member n o twi t hstan d ing th at som e defect in hi s appoi ntm e nt or qualification be afterwards discovered. No act or
proceeding of the Authority shall be questioned on the ground of the contravention, by a member, of the provisions of article 5(6).
(a) to examine and submit, for the approval of the Minister, the business plan and financial estimates drawn
up by the Director General for the administration of the Office;
(b) to regulate and to generally supervise the production of official statistics in accordance with international requirements and
standards;
(c) to discuss and advise on statistical matters, including methodologies, relating to the collection, compilation and dissemination
of statistics;
(d) to establish priorities in responding to the demand for official statistics;
(e) to liaise between the Office and other public bodies concerning the supply of data and the coordination of activities with statistical
implications;
(f) to publish the business plan after its approval by the
Minister and the Minister of Finance;
(g) to disseminate the knowledge of official statistics;
(h) to consider and comment where necessary on the yearly report submitted by the Director General on the
work of the Office as required by article 9(5)(g).
(2) For the better performance of its functions, the Authority may est a bl ish con t acts and forms of co llaboration
and u n d e r s tandi ng s wi th ot her local an d for e i g n statu t o r y bo dies, government departments, international organisations,
and other entities which exercise regulatory, supervisory or licensing powers, under any law in Malta or abroad or which are otherwise
engaged
in gat h ering statistics, which co uld b e dir e ct ly or ind i rectly beneficial to the Authority.
(3) The members of the Authority, other than the Director G e neral , shall n o t have access t o co nfidential info rmatio
n pertain i ng to an y i ndi vid u al person, h ouseh old or u ndertak ing unless they are appointed officers of statistics as defined
in article
11.
(4) Nothing in subarticle (1) shall be construed as enabling the Authority to exercise any power or function already assigned
to the Director General under this Act.
(5) The members of the Authority shall not take instructions from the Government or any other authority, political parties or
any other interest groups, in the selection of data sources, statistical metho d s and procedures, in th e contents, form an d
tim e of dissemination, and in the application of statistical confidentiality.
(2) The Authority shall afford to the Minister facilities for obtaining information with respect to its property and activities
and furnish him with returns, accounts and other informa tion with respect thereto, and afford to him facilities for the verification
of information furnished, in such manner and at such times as he may reasonably require.
(3) If the Authority fails to comply with any directions issued under this article, the Prime M i nister may make an order transferring
to the Minister in whole or in part any of the functions of the Authority.
''Office''.
(2) There shall be a Director General who shall head the Office and who shall have the legal representation thereof.
(3) The Director General shall be a person with professional qualifications, recognised competence and reputation in the domain
of statistics, and shall be appointed by the Authority following consultation with the Minister for a period of three years; such
period may be extended for further periods of three years each:
Relations between the Minister and the Authority.
Establishment of the National Statistics Office and appointment of Director General.
Functions of the
Office.
Minister for an initial period of five years.
(4) The Director General shall be responsible for and shall carry ou t t h e day-to-d ay operations of th e Of f i ce
w ith in the Authority in accordance with the general lines of policy established by the Authority from time to time.
(5) The Director General shall discharge his duties relating to the Office autonomou sly. In the pe rformance of his du ties,
the Director General shall -
(a) maintain the integrity and validity of official statistics and public confidence in them;
(b) decide, on the basis of professional and ethical considerations, the scope and purpose of the statistics provided
for in the business plan, and on the methods and procedures for the collection, compilation, storage, presentation and
publication of data;
(c) be responsible for the observance of the provisions of this Act relating to confidentiality;
(d) ensure that the Office is equipped with the necessary information technology facilities for the efficient processing
of statistical information;
(e) draw up draft business plans in accordance with
Government norms and procedures;
(f) represent the Office in international agencies and organisations;
(g) submit an annual report on the work of the Office to the Authority;
(h) develop the necessary strategies for the implementation of the objectives of the Authority;
(i) advise the Authority on any matter it may refer to him or on any matter which he considers necessary or expedient; and
(j) carry out such other duties as the Authority may assign to him from time to time.
(2) The Office shall -
(a) provide on an impartial basis, quantitive and representative information about the economic, demographic,
gender issues, social and environmental situation in Malta, to all users including the Parliament, the Government,
institutions, social and economic operators, academic institutions and bodies and the general public; where possible such
data should be provided on a regional basis;
(b) produce the data, and shall be subject to the principles
of reliability, objectivity, relevance, statistical confidentiality, transparency, specificity, and proportionality.
Moreover, the Office shall produce statistics which shall aim to mirror as faithfully as possible the real situations,
disseminate the results to the public and the users thereof in a neutral and impartial way, focus on the phenomena
which are essential for decision makers and honour the citizens’ right to public information. Individual information in identifiable
form, collected for statistical purposes, shall not be used for other purposes than as provided for in this Act;
(c) supply the information necessary to evaluate the quality of official statistics, and make accessible to the public the
methods used for their production, and how the principles, under which such statistics are gathered, are complied with;
(d) provide such technical explanations of the result so as to avoid erroneous interpretation;
(e) conduct research on and further develop statistical methodology and technology;
(f) monitor and coordinate the carrying out of tasks with statistical implications imposed on other public bodies;
(g) coordinate the production of official statistics’ systems, including the necessary methodologies, with a view
to ensuring timelines and standardisation of information, efficiency and to meeting users’ requirements;
as well as to provide appropriate classifications and conformity with international requirements and standards;
(h) collect the necessary information, compile the results at appropriate levels and break-downs, and disseminate
them to users.
(2) The members of the Authority, all officers and employees of the Authority and the members of advisory committees shall be
Staff appointments.
Appointment and functions of officers and employees of the Authority.
Cap. 9.
Detailing of public officers for duty with the Authority.
Status of public officers detailed for duty with the Authority.
Cap. 93. Cap. 58.
Code.
(3) The Minister and the members of the Authority and its officers shall not, for a period of one year following the termination
of their appointment or office, engage in any activity which, in accordance with the provis ions of article 5(5)( a )( vi), wo uld d i s q ua li f y a pe rs on f r o m ho l d i n g o f f i c e as a me mb er of t h e Authority.
(2) The period during which a direction as aforesaid shall apply to any officer specified therein shall, unless the officer retires from the public service, or otherwise ceases to hold office at an earlier date, or unless a different date is specified in such direction, cease to have effect after one year from the effective date of such dir e cti o n un less th e di rect ion is revok ed earli er by th e Pri m e Minister.
(2) Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid -
(a) shall not, during the time in respect of which he is so detailed -
(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions
of service attached to the appointment under the Government held by him at a date on which he is so detailed for duty; or
(ii) be so employed that his remuneration and conditions of service are less favourable than those which are
attached to the appointment under the Government held by him at the date aforesaid or which would have become attached to such
appointment, during the said period, had such officer not been detailed for duty with the Authority; and
(b) shall be entitled to have his service with the authority considered as service with the Government for the purposes of
any pension, gratuity, or benefit under the Pensions Ordinance and under the Widows’ and Orphans’ Pensions Act and of any other right or privilege to which he would be entitled, and shall be liable to any liability to which he would be
liable, but for the fact of his being detailed for duty with the
Authority.
(3) Where an application is made as provided in subarticle (2)(a)(i), the same consideration shall be given thereto as if the applicant had not been detailed for service with the Authority.
(4) The Authority shall pay to the Government such cont ribut ions as may from ti me t o time be determined by
the Minister of Finance in respect of the cost of pensions and gratuities earned b y an of fic e r de tai l ed fo r du ty w i t h
th e Aut h orit y as aforesaid during the period in which he is so detailed.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because
th ey are not in all respects iden tical with or superior to those enjoyed by the officer concerned at the date of such offer, if
such terms and conditions, taken as a whole, in the opinion of the Prime Minister, offer substantially equivalent or greater benefits.
(3) Every officer who accepts permanent employment with the Aut horit y offered t o him u nd er the provi sion s of su barticl
e (1) shall, for all purposes other than those of the Pensions Ordinance and of the Wi dows’ and O r phans’ Pensio ns Act and, saving the provisions of subarticle (6), be deemed to have ceased to be in the service of the Government and to have entered
into service with the Authority on the date of his acceptance, and for the purposes of the said Ordinance and of the said Act, so
far as applic able to him, service with the Authority shall be deemed to be service with the Government within the meanings thereof
respectively.
(4) Every such officer as aforesaid who, immediately before accepting permanent employment with the Authority, was entitled to
benefit under the Wi dows’ and Orphans’ Pens ions Act, shall continue to be so entitled to benefit thereunder to all intents as if his service with the Authority were service with the
Government.
(5) The Authority shall pay to the Government such cont ribut ions as may from ti me t o time be determined by
the Minister of Finance in respect of the cost of pensions and gratuities earned by an officer who has accepted permanent employment
with the Authority as aforesaid during the period commencing on the date of such officer ’s acceptance.
(6) For the purpose of the Pensions Ordinance, the pensionable emoluments of such public officer on retirement shall be deemed to be the pensionable emolum ents payable to
an of ficer in Government s e rvice in a grade and at an increme n tal leve l corresponding to the post and incremental level
at which the officer retires for the Authority.
(7) (a) For the purposes of this article, posts and salary grades with the Autho r ity shall b e classified i n th e most
Offer of permanent employment with the Authority to public officers detailed for duty with the Authority.
Cap. 93. Cap. 58.
Cap. 58.
Cap. 93.
Cap. 93.
Appointment of temporary persons.
the service under the Government by reference to job description, skills, responsibilities and other analogous factors.
(b) The classification referred to in paragraph (a) shall be carried out by a board comp os ed of a Chairperson appointed by the Minister of Finance and two other members, one appointed
by the Minister responsible centrally for personnel policies in the public service and one appointed by the Authority. The classification
shall be subject to the final approval of the Minister of Finance.
(c) Such classification shall take place within three months of any adjustment of salaries of employees in Go vern ment
servi c e an d, or, of empl oy ees of th e Authority.
(d) No post shall be classified in a grade higher than that of a Grade 3 in the service of the Government or such other grade that
the Minister of Finance may from time to time by notice in the Gazette determine.
(e) Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights
under the Pensio ns O r din a n c e less fav ourable t han those to w hich he wou ld have been entitled prior to such classification.
(2) The person so appointed in pursuance of this article shall discharge any specific duties and function as may be assigned to h i m un der thi s art i cle and by the Auth ority in hi s lett er of appointment.
Oath of secrecy. 17. Every person appointed as an officer of statistics shall, before assuming such duties, subscribe to the oath contained in the Second Schedule.
Certificate of appointment.
(a) to require the completion and return of any document or the provision of any information orally or in writing from any person
or undertaking; or
(b) to inspect, copy or take extracts from, collect or receive any documents relating to any person or undertaking;
or
(c) to enter any premises,
shall be pro v id ed with a cert ifi c ate o f appo int m ent si gned by, stamped or printed with, the name of the Director General.
(2) An officer of statistics acting under this article shall on demand produce his certificate of appointment for inspection.
(2) For such purpose the Authority shall levy all fees, rates and other payments prescribed or deemed to be prescribed by or under
this Act or any other law related to the powers and functions of the Authority.
(3) The Authority shall also be paid by the Government out of the Consolidated Fund such sums as the House of Representatives,
h e rei n after referred to as the "House", may from time to time authorise to be appropriated to meet any of its expenditure
that cannot be met out of its revenue and the costs of specified works to be continued or otherwise carried out by the Authority,
being works of infrastructure or of a similar capital nature.
(4) Any excess of revenue over expenditure shall, subject to such directives as the Minister, after consultation with the Minister
of Finance, may from time to time give, be applied by the Authority to the formation of reserve funds to be used for the purposes
of the Authority; and without prejudice to the generality of the powers given to the Minister by this subarticle, any direction given
by the Minister as aforesaid may order the transfer to the Government, or the application in such manner as may be specified in the
direction, of a n y p a rt of t h e fees, rates an d ot he r pa ym en ts le vi ed in accordance with subarticle (2) or any such excess
as aforesaid.
(5) Any funds of the Authority not immediately required to meet expenditure may be invested in such manner as may from time to
time be approved by the Minister.
(2) The Authority may also, from time to time, borrow, by way of overdraft or otherwise, such sums as it may require for carrying
out its functions under this Act:
Provided that for any amount in excess of one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty- se ven
cent s (116,4 68.67 ), there shall be required the written approval of the Minister.
Authority to meet expenditure out of revenue.
Power to borrow or raise capital. Amended by:
L.N. 426 of 2007.
Advances from the
Government.
Borrowing from the Government.
Estimates of the
Authority.
o f Fin a nce o u t of th e Con s o lid ated Fu nd, an d w ith out fu rt her ap prop ri ati o n ot her t h an t h i s Act , b y w a rran t u n d e r hi s h a nd authorising the Accountant General to make such advance.
(2) Notice of any loans, liabilities or advances made or incurred under subarticle (1) shall be given to the House as
soon as practicable.
(3) Pending the raising of any such loan as is mentioned in subarticle (1), or for the purpose of providing the Authority with
working capital, the Minister of Finance may, by warrant under his h a nd, and wit hou t furt her appropriati on o t her th an t
h is Act , au tho r is e th e Ac co unt an t G e ne ra l to make advances to th e Authority out of the Treasury Clearance Fund under
such terms as may be specified by the Minister upon the making thereof.
(4) The proceeds of any loan raised for the purposes of making advances to the Authority, and any other moneys to be advanced
to the Authority under this article, shall be paid into a fund specially est a bli s hed for t h e p u rp ose and w h i c h shal
l b e k now n as th e "Statistics Authority Loan Fund".
(5) Sums received by the Accountant General from the Auth ority in respect o f ad van c es made to the Aut hority
und er subarticle (3) shal l be pai d , in respect of am ount s by way of repayment, into the Treasury Clearance Fund, and, in
respect of amounts received by way of interest, into the Consolidated Fund.
Provided that the estimates for the first financial year of the Authority shall be prepared and adopted within such time as the Minister
may by notice in writing to the Authority specify.
(2) In the preparation of such estimates the Authority shall take account of any funds and other monies that may be due to
be paid to it out of the Consolidated Fund during the relevant financial year, whether by virtue of this Act or an appropriation
Act or of any other law; and the Authority shall so prepare the said estimates as to ensure that the total revenue s o f the Authority
are at least suff icient to meet all sum s properly chargeable to its revenue account including, but without prejudice to the generality
of that expression, depreciation.
(3) The estimates shall be made out in such form and shall con t ain su ch i n formati on and such comparison wi th previous estimates
as the Minister of Finance may direct.
(4) A copy of the estimates shall, upon their adoption by the
Authority, be sent forthwith by the Authority to the Minister and to
the Minister of Finance.
(5) The Minister shall, at the earliest opportunity and not later than six weeks after he has received a copy of the estimates
from the Authority, approve the same with or without amendment after consultation with the Minister of Finance.
(2) Notwithstanding the provisions of subarticle (1) -
(a) until the expiration of six months from the beginning of a financial year, or until the approval of the estimates for
that year, whichever is the earlier date, the Authority may make or incur expenditure for carrying on its functions under
this Act not exceeding in the aggregate one-half of the amount approved for the preceding financial year;
(b) expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister, given after consultation
with the Minister of Finance, be made or incurred in respect of another head or sub- head of the estimates;
(c) in respect of the first financial year, the Authority may make or incur expenditure not exceeding in the aggregate
such amounts as the Minister of Finance may, after consultation with the Minister, allow;
(d) if in respect of any financial year it is found that the amount approved in the estimates is not sufficient or a need has arisen
for expenditure for a purpose not provided for in the estimates, the Authority may adopt supplementary estimates for approval
by the Minister, and in any such case the provisions of this Act applicable to the estimates shall as near as practicable
apply to the supplementary estimates.
(2) The accounts of the Authority shall be audited by an auditor or auditors to be appointed by the Authority and approved
by the Minister:
Provided that the Minister of Finance may, after consultation with the Minister, require the books and accounts of the
Authority to be audited or examined by the Auditor General who shall for the purpose have the power to carry out such physical checking
and other certifications as he may deem necessary.
Expenditure to be according to approved estimates.
Publication of approved estimates.
Accounts and audit.
Deposit of revenues and payments by the Authority.
Contracts of supply or works.
Amended by:
L.N. 426 of 2007;
L.N. 105 of 2008.
Minister under article 23, the Authority shall cause a copy of the statement of account duly audited to be transmitted to the Minister
and to the Minister of Finance together with a copy of any report made by the auditors on that statement or on the accounts of the
Authority.
(4) The Minister shall, at the earliest opportunity and not later than eigh t weeks after h e has received a copy of every such
statement and report, or if at any time during that period the House is not in session, within eight weeks from the beginning of
the next following session, cause every such statement and report to be laid on the Table of the House.
(2) All payments out of the funds of the Authority, other than petty disbursements not exceeding a sum fixed by the Authority,
shall be made by such officer or officers of the Authority as the Authority shall appoint or designate for that purpose.
(3) Cheques against and withdrawals from any bank account of the Authority shall be signed by such officer of the Authority as
may be appointed or designated by the Authority for that purpose and shall be cou n tersi gned by t h e Chairperso n, or such oth
e r member or officer of the Authority as may be authorised by the Authority for that purpose.
(4) The Authority shall also make provision with respect to - (a) the manner in which and the officer or officers by
whom payments are to be authorised or approved;
(b) the title of any account held with the bank or banks into which the monies of the Authority are to be paid, and the transfer of
funds from one account to the other;
(c) the method to be adopted in making payments out of funds of the Authority,
and generally with respect to any matter which is relevant to the proper ke eping and cont rol of th e accounts and books, and the
control of the finances, of the Authority.
published and competitive tenders have been issued.
30. (1) (a) The property and undertakings owned by the Government and used by it, im mediately before the date of the coming into
force of this Part of this Act, and used by it for the operation of any of the functions which by this Act are being transferred
to or vested in the Authority shall, on the date aforesaid, by virtue of this Act and without further assurance, be transferred to
and be vested in the Authority under the same title
by wh i c h t h ey we re he ld by t h e G o ve rnm e nt immediately before the said date. The provisions of
this paragraph shall not apply to immovable property.
(b) The immovable assets from time to time specified in an order made by the President of Malta and published in the Gazette (hereinafter
referred to as "the immovable assets") being immovable assets which, immediately before the coming into force of this
Part of this Act, where owned by the Government and used by it for the operation of any of the functions which by t h is Act are
b e ing transferred to or vested in the Authority shall, with effect from such day as may be specified in any such order, and by
virtue of this Act and without any further assurance, be transferred to and vested in th e Author ity under the same title by which
they were held by the Government before such day.
(2) The transfer and vesting aforesaid shall extend to the whole of such property and undertakings and, without prejudice
to the generality of the aforesaid, shall include all plant, equipment, ap parata, i n str u ment s, veh i cles, craft , bu il din
g s, st ru ct ures, i n stal lat i ons, land, ro ads, wo rks, st ock s and oth e r p r operty, movable or immovable, assets, powers,
rights and privileges and all things necessary or ancillary thereto which are held or enjoyed in co nnection t h erewith o r appert
ai ning th ereto, as well as all obligations affecting or relating to any of the aforesaid property or undertakings or other thing
included therein as aforesaid.
Annual report.
Transfer of assets to the Authority.
Transitory provisions.
Appointment and functions of advisory committees.
contracts, agreements, instruments, documents, warrants and other arrangements, subsisting immediately before the date of the coming into force of this Part of this Act, affecting or relating to any of the properties or undertakings transferred to the Authority by or under this Act, shall have full force and effect against or in favour of the Authority, and shall be enforceable freely and effectually, as if instead of the Government or governmental authority the Authority had been named therein or had been a party thereto, and otherwise in substitution of the Government or governmental authority.
(2) Where, immediately before the coming into force of this Part of this Act, any legal proceedings are pending to which the
Government is or is entitled to be a party, and such proceedings are related to any of the properties or undertakings, or any right
or liability transferred by or under this Act, the Authority shall, as from the date aforesaid, be substituted in such proceedings
for the Government, or shall be made a party thereto in like manner as the Government could have become, and such proceedings shall
not abate by reason of the substitution.
(3) The Minister may by order make such incidental, consequent ial and supplement a l provisions as he may d eem
n ecessary or ex ped i en t fo r th e p u rpose of det e rm in in g, a s appropriate, the assets transferred to the Authority by
this Act and securing and giving full effect to the transfer of any property or undertaking or any right or liability to the Authority
by this Act and make such orders as may be necessary to make any powers and duties exercisable by the Governm ent in relation to
any of the transferred property or undertakings exercisable by or on behalf of the Authority.
committees in respect of such sector or sectors as he may determine.
(2) An advisory committee shall, for the better carrying out of the provisions of this Act, advise the Authority on such matters
and perform such other functions as the Minister may specify in the instrument of appointment.
(3) The members of the committee shall be appointed by the Minister and shall hold office for such period and on such terms and
conditions as the Minister may deem appropriate.
(4) Each committee shall consist of one member representing
the Authority as Chairpe r son an d such other me mbers as the
Minister may deem fit to appoint.
(5) The provisions of articles 5(5)(a) and (b) and 5(6) shall, mu ta ti s m u t a n d i s , ap pl y to t h e me mb er s of the advisory committees.
(6) Each advisory committee shall keep minutes of all meetings and shall forward copies of such minutes to the Authority.
(2) Half the number of members for the time being constituting an advisory committee shall form a quorum. Decisions
shall be adopted by a simple majority of the votes of the members present and voting. The Chairperson or, in his absence, the Deputy
Chairperson or other person appointed to act as chairperson, shall hav e an i ni tia l vot e a nd, in t he even t of an eq ual it
y of vo te s, a casting vote. Without prejudice to the other requirements of this Act, no decision shall be valid which is not supported
by at least two members of the advisory committee.
(3) Subject to the provisions of this Act, an advisory committee may regulate its own procedure.
(4) Subject to the foregoing provisions of this article, no act or proceeding of an advisory committee shall be invalidated merely
by reason of the existence of any vacancy among the members.
(5) Any member of an advisory committee who has any direct or indirect interest in any contract made or proposed to be made by
the Authority, not being an interest which disqualifies such member from remaining a member, shall, not later than the first meeting
held after the relevant circumstances have come to his knowledge, disc lose th e n a tu re of h i s in terest, a nd th e m e m b
er hav i ng an interest as aforesaid shall withdraw from any meetings at which such contra ct is disc usse d. Any suc h disclosure
sha l l be communicated to the Minister without delay. Where the interest of
the member is such as to disqualify him from remaining a member, he shall report the fact immediately to the Minister and tender his
resignation.
(6) All acts done by any person acting in good faith, as a member of an advisory committee shall be valid as if he
were a member notwithstanding that some defect in his appointment or qualification be afterwards discovered. No act or proceeding
of an adv i sory commi ttee shall be questioned on the ground of the contravention, by a member, of the provisions of subarticle
(5).
Provisions with respect to proceedings of advisory committees.
Collection of information.
Provision of information.
Requests for information.
shall be returned to the Authority.
(a) complete a form, questionnaire or other record; (b) answer any questions; and
(c) provide any information or records,
and any information so o b tained sh al l be subject to the restrictions on use and prohibition on disclosure of information specified
in articles 40 and 41.
(2) In prescribing a requirement on persons and undertakings to provide information under subarticle (1), the Director General
shall specify in particular -
(a) the general nature of the information required;
(b) the frequency with which it is to be provided; and
(c) the persons or undertakings, or classes of persons or undertakings, required to provide it.
(3) In the case of the holding of any census of population and housing, the relevant order sh all be prescribed by the Prime
Minister, acting on the advice of the Authority.
(a) in the case of an individual person, if a notice addressed to that person is delivered to his last known place of residence,
employment or business;
(b) in the case of an undertaking, if a notice is delivered to the premises from which it operates or conducts its affairs using
its trading name, or to any individual person involved in its management, including a receiver or liquidator or
administrator, at his place of business or residence.
(2) Where the information which a person or undertaking claims to have provided in co mp li ance wi th a req u e s t by
t h e Director General is not in possession of the Office, the Director General may by delivery of a further notice direct that
person or undertaking to provide that information.
Access to records. 38. Notwithstanding anything contained in any other law enjoining secrecy, any person or undertaking who holds records from which, in the opinion of the Director General, information relating to matters specified in the First Schedule can be obtained, shall grant to the Director General or an officer of statistics access to such records for obtaining the said information.
(a) on delivery of a notice, request any public authority to allow officers of statistics at all reasonable times to access, to
inspect and to take copies of or extracts from any records in its charge; and
(b) request any public authority to consult and cooperate with him for the purpose of assessing the potential of the records of the
authority as a source of statistical information and, where appropriate and practicable, developing its recording methods
and systems for statistical purposes, and the public authority shall comply with any such request, in so far as resources
permit.
(2) If any public authority intends to carry out activities with statistical implications, it shall consult, for coordination,
with the Office and accept any recommendations the Office may make.
(a) for the purposes of a prosecution for an offence under this Act, or
(b) to officers of statistics in the course of their duties under this Act.
(2) The Minister may, with the concurrence of the Authority, b y reg u lati ons, from time t o time, prescrib e such further
prohibition on the disclosure of identifiable records or information obtained under this Act, as he may deem appropriate.
Authority, by order add to, vary, or amend the First Schedule.
(2) The Minister may, after consultation with the Authority, make regulations in respect of any of the functions of the Authority,
for the establishment of directorates which may be required to be established under this Act, and for the better carrying out of
any of the provisions of this Act.
Access to records.
Restrictions on use of information.
Prohibition of disclosure of information.
Power to make regulations.
Administrative penalties. Amended by:
L.N. 426 of 2007; L.N. 105 of 2008.
Cap. 12. Offences.
Amended by:
L.N. 426 of 2007;
L.N. 105 of 2008.
(a) one hundred and fifteen euro (115) on any person for failure to respect the deadline for the provision of information
laid down pursuant to article 36; and
(b) two hundred and thirty euro (230) on any person who fails, refuses to provide, or provides incorrect information,
on any requested information in response to a request from the Director General under the provisions of article 36 or 39.
(2) (a) Any person who, being required to furnish a questionnaire for a particular period, does not furnish that questionnai
r e within the time laid down in the
rel e v a n t qu esti onnaire shall be liabl e t o an administrative penalty of one hundred and fifteen euro
(115), for every month or part thereof that elapses from the date by which the questionnaire should have been
furnished.
(b) Any person who receives a questionnaire, but is no longer subject to answering that questionnaire, shall so infor m the Office.
Failure to inform the Off i ce as aforesaid will render su ch pe rson liable to an administrative penalty of one hundred and
fifteen euro (115), for every month or part thereof that elapses from the date by which the questionnaire should have been furnished.
(3) Any administrative penalty to which a person becomes liable in terms of this Act shall be due and payable by that person,
and that person shall not be relieved from a higher or from a further penalty to which he may have become or may become liable in
terms of the relevant provisions of this Act.
(4) A penalty under subarticle (1) shall again become due when a new deadline is set by the Office for compliance. Penalties
under subarticle (2) shall accrue until the information required is provided.
(5) In special cases, where there are very compelling reasons to do so, the Authority may waive compulsory penalties wholly or
in part.
(6) Administrative penalties shall be due to the Authority as a ci vi l deb t , a nd th e p r o v i s io ns o f arti cle 46 6
of t h e Co de of Organization and Civil Procedure, shall, mutatis mutandis, apply thereto.
(a) wilfully prevents or obstructs the Director General or any other officer of statistics from carrying out his duties under
the provisions of this Act; or
(b) misuses information provided under this Act or wilfully discloses information relating to any identifiable
person or undertaking; or
(c) not being an officer of statistics, represents himself as being an officer of statistics; or
(d) wilfully destroys, damages or falsifies any document or record issued for the collection of statistics in compliance
with a requirement made under article 35,
shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not less than two thousand and three hundred euro (2,300), or to imprisonment for a term not exceeding six months or to both
such fine and imprisonment.
(a) acts in contravention of the oath referred to in article
17; or
(b) in the pretended performance of his functions as such officer, obtains or attempts to obtain, from a person or undertaking, any
information which he is not lawfully entitled to obtain from that person or undertaking; or
(c) wilfully fails to return to the Office a document or record collected from a person or undertaking under this Act, or
fails to keep any document or record containing information, collected under this Act, in his custody in such manner as to
ensure that unauthorised persons will not have access thereto,
shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding two thousand and three hundred euro (2,300) or to imprisonment for a term not exceeding one year, or to both such
fine and imprisonment.
Unlawful exercise of public function. Amended by:
L.N. 426 of 2007; L.N. 105 of 2008.
(2) Any authority or order granted or made under any of the provisions of the repealed Act, and still in force immediately before the coming into force of this Act, shall continue in force thereafter as if it were an au thorit y or ord e r g r anted o r made und er a correspon di ng pr ovision of this Act, and any such authority or order as aforesaid shall be treated and dealt with accordingly.
Saving. Cap. 142.
(3) All data collected under the repealed Act shall be construed as data collected under the corresponding provisions
of t h is Act, and shall be subj ect to t h e restri ctions o n use and prohibition on disclosure of information specified in articles
40 and
41.
(Articles 10(1), 36(1), 38, and 42(1))
(a) Population and housing.
(b) Immigration and emigration, internal and external passenger movement and tourism.
(c) Vital occurrences, morbidity, health and nutrition.
(d) Social matters including education, sports, public entertainment, social security and welfare, criminal and judicial
matters, juvenile delinquency, public information, public administration and government.
(e) Land tenure, occupation and condition of land and the produce thereof, occupation and condition of buildings, rent payable
or receivable in respect of land and buildings and the annual value of land and buildings.
(f) Environmental and related statistics.
(g) Primary and secondary production, including construction, building, personal and other services, power,
machinery, transport equipment, water and electricity.
(h) Industry and merchandising.
(i) Stocks of manufactured and unmanufactured goods. (j) Livestock.
(k) Imports and exports. (l) Trade and commerce.
(m) Transport and communication in all forms by land, water and air, including post, telephones, telegraph, radio and electronic
transmission, and includes e-commerce and the use of the internet.
(n) Occupations, employment, unemployment and payrolls. (o) Salaries, wages, hours and conditions of work.
(p) Industrial disturbances and disputes. (q) Injuries, accidents and compensation.
(r) Wholesale and retail prices and cost of living.
(s) Banking and finance, including external balance of payments.
(t) Associations, including voluntary associations, societies or corporations for profit or otherwise.
(u) Marine, fire, life, accident and other insurance.
(v) Incomes, earnings, profits, interests, fees and other payments for services rendered.
(w) National income, output and expenditure and capital formation.
(x) Broadcasting and audiovisual works.
(y) Any other matter so determined by the Director General, except for opinion poll, after consultation with the Authority,
and as established by a Legal Notice.
I, ............................ swear/solemnly affirm that I will fully and honestly fulfil my duties as an officer of statistics in conformity with the requirements of the Malta Statistics Authority Act, 2000, and of all orders made thereunder, and that I will not, except in the performance of my duties under that Act and such orders, disclose or make known during my service as an officer of statistics or at any time thereafter, any matter which comes to my knowledge relating to any person, household or undertaking by reason of my service as an officer of statistics. (So help me God.)
WorldLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.worldlii.org/mt/legis/laws/msaa422c446