Delegation of Powers

Delegation of Powers - Appointments and Recruitment in the Public Service

Throughout the years, ever since the Commission was established in 1960 by the Constitution of Malta, disciplinary authority and certain other powers respecting the Public Service have been delegated to heads of departments and other authorities as provided by article 110 of the Constitution of Malta. The terms and conditions of these delegated powers are normally specified in the respective Instruments of Delegation issued by the Prime Minister, acting on the recommendation of the Public Service Commission.

The following is a list of Instruments of Delegation, regarding the making of appointments and recruitment in the Public Service:

Instrument dated 25th January, 1966 - the Prime Minister, acting on the recommendation of the Public Service Commission, delegated certain powers in respect of the Malta Police Force to the Commissioner of Police.

Instrument dated 20th February, 1970 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the then Administrative Secretary certain powers respecting appointments in the Public Service on the basis of the results of public examinations conducted by the Board of Local Examinations.

Instruments dated 6th October, 1999, and 11th January, 2005 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to Permanent Secretaries the power to make engagements on definite contract of Casual Substitutes and to renew their engagement, subject to certain conditions.

Instrument dated 18th January, 2000 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the then Permanent Secretary at the Office of the Prime Minister the power to make appointments to posts in Salary Scale 20 in the Public Service, provided that such appointments are made in accordance with paragraph (c) of sub-article (2) of article 110 of the Constitution.

Instrument dated 4th April, 2009 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to Permanent Secretaries the power to engage/re-engage retired persons/retired officers up to the age of 65 on definite contract for not more than 42 months, in areas of acute shortage as decided upon by the Principal Permanent Secretary.

Instrument dated 25th June, 2012 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Permanent Secretary charged with the Ministry responsible for Education the power to make engagements of ‘Adult Educators’, and to renew their engagement.

Instrument dated 25th June, 2012the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Permanent Secretary charged with the Ministry responsible for Education the power to make engagements of ‘On call Supply Learning Support Assistants’ and ‘On call Supply Kindergarten Assistants’, and to renew their engagement.

Instrument dated 3rd May, 2013 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to Permanent Secretaries the power to recruit disabled persons in the Public Service in Salary Scales 16 – 20 (both scales included) directly from the register of disabled unemployed kept by the Employment and Training Corporation (ETC), following a selection process carried out by the recruiting department amongst potential candidates referred to the department by the ETC on the grounds that, in the ETC’s judgement, they could be considered suitable to perform the duties, in essence, of the office to be filled, notwithstanding that such candidates would not necessarily be in possession of the eligibility requisites normally required for that office, and provided that the ability of such candidates to perform the duties, in essence, of that office, was proven through an entry examination or test of competence.

Instrument dated 28th May, 2013 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Commission the power to make, to postpone and revoke appointments to public offices below senior management level (from Salary Scales 6 to 20), and the power to withhold the progression of public officers in the same salary scales from one scale to the next within the same grade.

Instrument dated 16th September, 2015 – the Prime Minister, acting on the recommendation of the Public Service Commission, in exercise of the powers conferred by article 110 of the Constitution, directed as from 1st February 2016:

  1. the delegation of powers made by the Instrument dated 20th February 1970, the Instruments dated 6th October 1999 and 11th January 2005, the Instrument dated 18th January 2000, the Instrument dated 4th April 2009, the Instrument dated 26th June 2012, in respect of the engagement of ‘Adult Educators’, the Instrument dated 26th June 2012, in respect of the engagement of ‘On Call Supply Kindergarten Assistants’, and the Instrument dated 3rd May 2013, should be revoked;
  2. the Instrument of Delegation superseding that of the 28th May 2013, should apply concurrently with this Instrument and may be exercised by the Commission in situations where the current Instrument cannot, for any reason, be applied;
  3. the Instrument of Delegation dated 25th January 1966, should be saved and should remain in force;
  4. the power to make appointments to public offices under article 110 of the Constitution, other than headship positions, should be delegated to Permanent Secretaries, provided that such appointments are made following a competitive selection process and on the basis of a valid order of merit;
  5. the power to postpone appointments to which paragraph 4 refers should also be delegated to Permanent Secretaries;
  6. the power to extend fixed-term appointments or renew such appointments for subsequent terms should be delegated to Permanent Secretaries, provided that any appointments so extended or renewed were initially made on the basis of a competitive selection process;
  7. for the purpose of this Instrument of Delegation, a competitive selection process may take place either following a call for applications or from among candidates referred by the Employment and Training Corporation, subject to such eligibility requirements as may apply, and according to any applicable general and special directives issued as specified in paragraph 10;
  8. the power to fill a position by lateral appointment without the need for a competitive selection process, as provided for in article 25 of the Public Administration Act (Cap. 497), should be delegated to Permanent Secretaries;
  9. for the purpose of this Instrument of Delegation, “Permanent Secretaries” includes the Principal Permanent Secretary;
  10. the powers delegated by this Instrument should be exercised subject to the provisions of the PSC Appointments Regulations, any provisions of any other law that may apply, and any directives and guidelines issued by the Commission or by the Principal Permanent Secretary with the approval of the Commission;
  11. the powers delegated by this Instrument may otherwise be exercised without reference to the Commission; and
  12. the above-mentioned delegation of powers should be subject to the proviso that the Commission reserves the right to make, at any time, a recommendation to the Prime Minister that this Instrument of Delegation be withdrawn or amended and that, upon such a recommendation being made and until the Prime Minister acts upon such a recommendation, the powers delegated by this Instrument shall be suspended.

Instrument dated 11th February 2020 – the Prime Minister, acting on the recommendation of the Public Service Commission, in exercise of the powers conferred by article 110 of the Constitution of Malta, directed that 

1. the power to make appointments to assistant directorship positions should no longer be delegated to Permanent Secretaries and paragraph numbered 4 of the Instrument of Delegation dated 16th September 2015 should be amended to read as follows:-

“the power to make appointments to public offices under article 110 of the Constitution, other than headship and assistant directorship positions, should be delegated to Permanent Secretary, provided that such appointments are made following a competitive selection process and on the basis of a valid order of merit”;

2. for the purpose of this Instrument of Delegation, the process for the nomination and selection of public officers for assistant directorship positions shall be presided by an advisory committee in the same manner as that of headship positions;

3. for the purpose of this Instrument of Delegation, the reports of the advisory committee nominating officers for assistant directorship positions shall be referred to the Commission for its approval, following which, the Commission shall make a recommendation for appointment to the Prime Minister in terms of article 110 of the Constitution; 

and

4. all the preambles and all the remaining provisions of the Instrument of Delegation dated 16th September 2015, should remain in force.


Instrument dated 10th March 2021 – The Prime Minister, acting on the recommendation of the Public Service Commission, in exercise of the powers conferred by article 110 of the Constitution, delegated to Permanent Secretaries the power to:-

 (i)        make promotions following the attainment of a number of years of satisfactory service or the attainment of a particular qualification, where such promotions are provided for in an agreement governing a particular career stream in the Public Service, or in the call for applications under which the public officers in question have been appointed;

(ii)       make assimilations of public officers from one grade to another grade in terms of the provisions of an agreement governing a particular career stream in the Public Service;

(iii)      withhold salary increments of public officers or withhold the progression of public officers to a higher salary scale within the same grade/position or withhold promotion to a higher grade/position on the basis of a number of years’ satisfactory service, in all three instances from the due date and where justified on account of poor performance, misconduct or other reasons;

(iv)       postpone appointments for more than twelve weeks from the effective date thereof; and

(v)        renew definite appointments, where such renewal is warranted.


 ​(a) The powers set out in sub-paragraphs (i) – (iii) above should be delegated to Permanent Secretaries:


Provided that the power set out in sub-paragraph (iii) shall be exercised by the Permanent Secretary subject to the officer concerned being informed, in writing, of the Permanent Secretary’s intention so to act and of the officer’s right to appeal to the Public Service Commission, within ten (10) working days from the date when the officer is so informed:


Provided further that the withholding will not come into effect before the ten (10) working days and, if the officer appeals to the Public Service Commission, until the decision of the Commission is pronounced;


(b) The power set out in sub-paragraph (iv) herein should also be delegated to Permanent Secretaries, provided that, in those cases where the appointment is made following a selection process, the postponement is made to a date within the validity period of the selection board result and, in other cases, subject that the initial approval of the appointment was given in terms of article 110 of the Constitution;


(c) The power set out in sub-paragraph (v) herein should also be delegated to Permanent Secretaries, insofar as appointments in salary scale 6 and lower are concerned, as well as the power to extend such definite appointments, unless otherwise specified in a particular scheme, provided that any appointments so renewed or extended were initially made in terms of article 110 of the Constitution;


(d) The above delegation of powers should be subject to the proviso that the Commission reserves the right to make, at any time, a recommendation to the Prime Minister that this Instrument of Delegation be withdrawn or partially withdrawn or amended and that, upon such a recommendation being made and until the Prime Minister acts upon such a recommendation, the powers delegated by this Instrument shall be suspended; and


(e) All the preambles and all the remaining provisions of the Instrument of Delegation dated 16th September 2015 should, after the coming into force of this Instrument, remain in force, except for those provisions which relate to powers which have been, or are being, delegated.

 


 

 


Delegation of Powers - Disciplinary Procedure in the Public Service

The following is a list of Instruments of Delegation, regarding disciplinary authority:

Instrument dated 25th March 1966 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Commissioner of Police certain powers of disciplinary control over persons holding or acting in any office on the Malta Police Force.

Instrument dated 17th December 1996 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Director, Correctional Services, certain powers of disciplinary control over persons holding or acting in any of the Correctional Services grades other than that of Director, Correctional Services.

Instrument dated 21st December 1997 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated certain powers in respect of public officers detailed to do duties with the Public Transport Authority, and the Water Services Corporation to the Chairman of the Authority and to the Chief Executive of the Corporation, respectively.

Instrument dated 12th March 1998 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated certain powers in respect of public officers detailed to do duties with the Planning Authority were delegated to the Chief Executive of the Planning Authority.

Instrument dated 1st November 1999 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated power to exercise disciplinary control in accordance with the Public Service Commission (Disciplinary Procedure) Regulations 1999, to the public officers and other authorities listed in the Schedule to the said Instrument, and to the extent indicated therein. The Schedule included the Attorney General, Permanent Secretaries, the Auditor General, Directors General, Heads of Department and Directors (holding appointment as Directors under a Performance Agreement), Chairperson, Public Transport Authority, Chief Executive, Water Services Corporation, Director of Planning, Planning Authority, Commanding Officer, Armed Forces of Malta and Officers in a supervisory capacity (in respect of Regulation 18 only).

Instrument dated 21st December 2004 – the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Chief Executive Officer of Heritage Malta power to exercise disciplinary control in accordance with the Public Service Commission (Disciplinary Procedure) Regulations, 1999, over public officers detailed to perform duties with Heritage Malta.

Instrument dated 18th June 2014 – the Prime Minister, acting on the recommendation of the Public Service Commission, declared that the aforementioned Instruments of Delegation should be replaced by this Instrument, and that power to exercise disciplinary control over public officers, in accordance with the provisions of the Disciplinary Procedure in the Public Service Commission Regulations (S.L. Const. 03), should be exercisable without reference to the Commission and other authorities listed in the Schedule to this Instrument, to the extent indicated therein. The Schedule included the Principal Permanent Secretary, the Secretary to the Cabinet, Permanent Secretaries, the Commissioner of Police, Directors General, Directors and other public officers in salary scale 4 or higher, Director of Correctional Services, Director responsible for Local Councils, the Attorney General, the Auditor General, Commanding Officer, Armed Forces of Malta, Chief Executive Officers of public entities and public agencies, Commanders of Detention Centres, Human Resource Manager, Environmental Landscapes Consortium Limited, and Officers in a supervisory capacity (with respect only to regulation 18 of S.L. Const. 03).

Instrument dated 2nd February 2015 – the Prime Minister, in exercise of the powers conferred by article 110 of the Constitution, directed that the powers delegated on 18th June 2014, should be extended to other authorities listed in the Schedule to this Instrument, to the extent indicated therein and in accordance with the provisions of the Disciplinary Procedure in the Public Service Commission Regulations.The Schedule referred to the Head (Operations) Detention Centres, Chief Operations Officer, Karen Grech Rehabilitation Hospital, Chief Operations Officer, Mount Carmel Hospital and Chief Operations Officer, Sir Paul Boffa Hospital.

Instrument dated 11th February 2020 – the Prime Minister, acting on the recommendation of the Public Service Commission, in exercise of the powers conferred by article 110 of the Constitution of Malta, directed that the Instrument of Delegation dated 18th June 2014 be replaced by the delegation of powers set out hereunder :-

The power to exercise disciplinary control over public officers, in accordance with the provisions of the Public Service Commission Disciplinary Regulations (S.L. Const.03), should be exercisable without reference to the Commission by the public officers and other authorities listed in the Schedule to this Instrument, to the extent listed in the said Schedule and subject to any special provisions set out therein, provided that:-

(i)     The Public Service Commission may at any time recommend to the Prime Minister that this Instrument of Delegation be totally withdrawn or withdrawn in respect of particular public officers or other authorities; and

(ii)    Upon such a recommendation being made, and until the Prime Minister acts upon such a recommendation, the powers delegated by this Instrument shall be suspended totally or only in respect of particular public officers or authorities, as may be stipulated in the recommendation made by the Public Service Commission.

                                                                                               

Schedule to the Instrument of Delegation

 

The public officers and other authorities listed hereunder shall have the power to exercise disciplinary control, in terms of the Disciplinary Procedure in the Public Service Commission Disciplinary Regulations (S.L.Const.03) and the Instrument of Delegation of which this Schedule forms part, without reference to the Public Service Commission, over public officers within their areas of jurisdiction, and subject to the special provisions applicable thereto:

 

Officer or authority

Area of jurisdiction

Special provisions

Principal Permanent Secretary

In the capacity of Head of the Public Service:

(a)    public officers in his own office;

(b)   Permanent Secretaries, Heads of Department, Directors General and Directors, as provided for by regulation 8 of S.L.Const.03;

(c)  public officers in salary scale2;

(d)   public officers in any office or establishment which does not form part of a ministry or department of Government, as provided for by regulation 9 of S.L.Const.03.

 

 

 

 

 

 

 

 

The Principal Permanent Secretary may assign jurisdiction over any categories of public officers in the Office of the Prime Minister, its subordinate departments, and entities falling thereunder, to any Permanent Secretaries who are appointed to assist him in accordance with the proviso to article 14(6) of the Public Administration Act.

 

 

In the capacity of Permanent Secretary, Office of the Prime Minister, under article 14(6) of the Public Administration Act:

(a)    other public officers in the Office of the Prime Minister and its subordinate departments;

(b)   public officers assigned to government agencies, entities, and other public bodies under the responsibility of the Prime Minister;

(c)    public officers formerly belonging to the Office of the Prime Minister or its subordinate departments who have been assigned to a non-Government body; and

(d)   public officers in the secretariat of the Prime Minister and any Parliamentary Secretaries reporting to the Prime Minister.

Secretary to the Cabinet

Public officers in the Cabinet Office.

 

Permanent Secretaries

(a)    Public officers in their own offices;

(b)   other public officers in their ministry and its subordinate departments;

(c)    public officers assigned to government agencies, entities, and other public bodies under the responsibility of the ministry;

(d)   public officers formerly belonging to the ministry or its subordinate departments who have been assigned to a non-Government body; and

(e)    public officers in the secretariat of the Minister and any Parliamentary Secretaries in the ministry.

 

Commissioner of Police

Police officers and any other public officers assigned to the Malta Police Force.

Powers of Head of Department with respect to police officers shall not be exercisable by the relevant Permanent Secretary or any other officer or authority save the Commissioner of Police.

Delegated authority shall be exercised by the Commissioner in accordance with the relevant provisions of the Police Act (Cap. 164).

Chief Executive Officer, Police Department

Public Officers (Civilians) performing duties in the Police Department.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Directors General, Directors, and other public officers in salary scale 4 or higher, save those listed elsewhere in this Schedule

Public officers in their divisions, departments, directorates or offices.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Directors (Corporate Services) and any other public officers in salary scale 4 or higher who are responsible for people management, corporate services or administration across a ministry

(a)    Public officers in their own directorates or offices;

(b)   other public officers within the area of jurisdiction of the Permanent Secretary.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Public officers in salary scale 4 or higher who are responsible for people management, corporate services or administration across a department

(a)    Public officers in their own directorates or offices; and

(b)   other public officers in their department.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Director responsible for Local Councils

(a)    Public officers in the Local Government Department; and

(b)   Public officers assigned to Local Councils and other local government bodies.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Attorney General

Public officers assigned to the Office of the Attorney General.

Powers of Head of Department with respect to public officers in the Office of the Attorney General shall not be exercisable by the relevant Permanent Secretary or any other officer or authority save the Attorney General.

Auditor General

Public officers assigned to the National Audit Office.

Powers of Head of Department with respect to public officers in the National Audit Office shall not be exercisable by the relevant Permanent Secretary or any other officer or authority save the Auditor General.

Commander, Armed Forces of Malta

Public officers assigned to the Armed Forces of Malta.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officers, or persons functioning in an equivalent capacity, of government agencies, government entities, or other public bodies other than Local Councils and other local government bodies, save those Chief Executive Officers listed elsewhere in this Schedule

Public officers assigned to the government agency or entity or other public body, other than Local Councils and other local government bodies.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Such instructions may require any Chief Executive Officer or person functioning in an equivalent capacity to keep the Permanent Secretary informed of disciplinary proceedings instituted by him against public officers.

Chief Executive Officer, Primary Health Care

Public officers performing duties in the field of primary health.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Mater Dei Hospital

Public officers performing duties at Mater Dei Hospital.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Operations Officer, Mater Dei Hospital

Public officers performing duties at Mater Dei Hospital.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Mount Carmel Hospital

Public officers performing duties at Mount Carmel Hospital.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Operations Officer, Mount Carmel Hospital

Public Officers performing duties at Mount Carmel Hospital

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Managing Director (Sourcing & Supply Chain Management), Central Procurement Supplies Unit

Public officers performing duties in the Central Procurement Supplies Unit.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Pharmacy of Your Choice

Public officers reporting to the Chief Executive Officer, Pharmacy of Your Choice.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, St Vincent de Paul Long-Term Care Facility for Highly Dependent Persons

 

Public officers performing duties at St Vincent de Paul Long-Term Care Facility for Highly Dependent Persons.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Medical Officer

Public officers within the Ministry for Health.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Director of Human Resources, Steward Health Care Malta

Public officers performing duties at Gozo General Hospital, St. Luke’s Hospital and Karen Grech Rehabilitation Hospital.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Head (Operations) Detention Services

Public Officers performing duties at Detention Services.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Commandant, Academy for Disciplined Forces

Public Officers performing duties in the Academy for Disciplined Forces.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Refugee Commissioner

Public officers performing duties in the Office of the Refugee Commissioner including the Dublin Unit.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Correctional Services Agency

Public officers assigned to Correctional Services Agency.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Human Resource Manager, Environmental Landscapes Consortium Limited

Public officers assigned to Environmental Landscapes Consortium Limited.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Director Operations, Campo Santo Ltd.

Public officers assigned to Campo Santo Ltd.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Courts Services Agency

Public officers assigned to the Court Services Agency.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

State Advocate

Public officers assigned to the Office of State Advocate

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

 ​

Instrument dated 22nd March 2021 – the Prime Minister, acting on the recommendation of the Public Service Commission, declared that the Instruments of Delegation should be replaced by the delegation of powers set out hereunder;

 

 The power to exercise disciplinary control over public officers, in accordance with the provisions of the Public Service Commission Disciplinary Regulations (S.L.Const.03), should be exercisable without reference to the Commission by the public officers and other authorities listed in the Schedule to this Instrument, to the extent listed in the said Schedule and subject to any special provisions set out therein, provided that –

 

(i)           the Public Service Commission may at any time recommend to the Prime Minister that this Instrument of Delegation be totally withdrawn or withdrawn in respect of particular public officers or other authorities; and

 

(ii)         upon such a recommendation being made, and until the Prime Minister acts upon such a recommendation, the powers delegated by this Instrument shall be suspended totally or only in respect of particular public officers or authorities, as may be stipulated in the recommendation made by the Public Service Commission.

 

Schedule to the Instrument of Delegation

 

The public officers and other authorities listed hereunder shall have the power to exercise disciplinary control, in terms of the Disciplinary Procedure in the Public Service Commission Disciplinary Regulations (S.L.Const.03) and the Instrument of Delegation of which this Schedule forms part, without reference to the Public Service Commission, over public officers within their areas of jurisdiction, and subject to the special provisions applicable thereto:

 

Officer or authority

Area of jurisdiction

Special provisions

Principal Permanent Secretary

In the capacity of Head of the Public Service:

(a)    public officers in his own office;

(b)   Permanent Secretaries, Heads of Department, Directors General and Directors, as provided for by regulation 8 of S.L.Const.03;

(c)  public officers in salary scale2;

(d)   public officers in any office or establishment which does not form part of a ministry or department of Government, as provided for by regulation 9 of S.L.Const.03.

 

 

 

 

 

 

 

 

The Principal Permanent Secretary may assign jurisdiction over any categories of public officers in the Office of the Prime Minister, its subordinate departments, and entities falling thereunder, to any Permanent Secretaries who are appointed to assist him in accordance with the proviso to article 14(6) of the Public Administration Act.

 

 

In the capacity of Permanent Secretary, Office of the Prime Minister, under article 14(6) of the Public Administration Act:

(a)    other public officers in the Office of the Prime Minister and its subordinate departments;

(b)   public officers assigned to government agencies, entities, and other public bodies under the responsibility of the Prime Minister;

(c)    public officers formerly belonging to the Office of the Prime Minister or its subordinate departments who have been assigned to a non-Government body; and

(d)   public officers in the secretariat of the Prime Minister and any Parliamentary Secretaries reporting to the Prime Minister.

Secretary to the Cabinet

Public officers in the Cabinet Office.

 

Permanent Secretaries

(a)    Public officers in their own offices;

(b)   other public officers in their ministry and its subordinate departments;

(c)    public officers assigned to government agencies, entities, and other public bodies under the responsibility of the ministry;

(d)   public officers formerly belonging to the ministry or its subordinate departments who have been assigned to a non-Government body; and

(e)    public officers in the secretariat of the Minister and any Parliamentary Secretaries in the ministry.

 

Commissioner of Police

Police officers and any other public officers assigned to the Malta Police Force.

Powers of Head of Department with respect to police officers shall not be exercisable by the relevant Permanent Secretary or any other officer or authority save the Commissioner of Police.

Delegated authority shall be exercised by the Commissioner in accordance with the relevant provisions of the Police Act (Cap. 164).

Chief Executive Officer, Police Department

Public Officers (Civilians) performing duties in the Police Department.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Directors General, Directors, and other public officers in salary scale 4 or higher, save those listed elsewhere in this Schedule

Public officers in their divisions, departments, directorates or offices.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Directors (Corporate Services) and any other public officers in salary scale 4 or higher who are responsible for people management, corporate services or administration across a ministry

(a)    Public officers in their own directorates or offices;

(b)   other public officers within the area of jurisdiction of the Permanent Secretary.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Public officers in salary scale 4 or higher who are responsible for people management, corporate services or administration across a department

(a)    Public officers in their own directorates or offices; and

(b)   other public officers in their department.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Director responsible for Local Councils

(a)    Public officers in the Local Government Department; and

(b)   Public officers assigned to Local Councils and other local government bodies.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

State Advocate

Public officers assigned to the Office of the State Advocate

Powers of Head of Department with respect to public officers in the Office of the State Advocate shall not be exercisable by the relevant Permanent Secretary or any other officer or authority save the State Advocate.

Attorney General

Public officers assigned to the Office of the Attorney General.

Powers of Head of Department with respect to public officers in the Office of the Attorney General shall not be exercisable by the relevant Permanent Secretary or any other officer or authority save the Attorney General.

Auditor General

Public officers assigned to the National Audit Office.

Powers of Head of Department with respect to public officers in the National Audit Office shall not be exercisable by the relevant Permanent Secretary or any other officer or authority save the Auditor General.

Commander, Armed Forces of Malta

Public officers assigned to the Armed Forces of Malta.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officers, or persons functioning in an equivalent capacity, of government agencies, government entities, or other public bodies other than Local Councils and other local government bodies, save those Chief Executive Officers listed elsewhere in this Schedule

Public officers assigned to the government agency or entity or other public body, other than Local Councils and other local government bodies.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Such instructions may require any Chief Executive Officer or person functioning in an equivalent capacity to keep the Permanent Secretary informed of disciplinary proceedings instituted by him against public officers.

Chief Executive Officer, Primary Health Care

Public officers performing duties in the field of primary health.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Mater Dei Hospital

Public officers performing duties at Mater Dei Hospital.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Operations Officer, Mater Dei Hospital

Public officers performing duties at Mater Dei Hospital.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Mount Carmel Hospital

Public officers performing duties at Mount Carmel Hospital.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Operations Officer, Mount Carmel Hospital

Public Officers performing duties at Mount Carmel Hospital

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Managing Director (Sourcing & Supply Chain Management), Central Procurement Supplies Unit

Public officers performing duties in the Central Procurement Supplies Unit.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Pharmacy of Your Choice

Public officers reporting to the Chief Executive Officer, Pharmacy of Your Choice.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, St Vincent de Paul Long-Term Care Facility for Highly Dependent Persons

 

Public officers performing duties at St Vincent de Paul Long-Term Care Facility for Highly Dependent Persons.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Medical Officer

Public officers within the Ministry for Health.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Director of Human Resources, Steward Health Care Malta

Public officers performing duties at Gozo General Hospital, St. Luke’s Hospital and Karen Grech Rehabilitation Hospital.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Head (Operations) Detention Services

Public Officers performing duties at Detention Services.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Commandant, Academy for Disciplined Forces

Public Officers performing duties in the Academy for Disciplined Forces.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Refugee Commissioner

Public officers performing duties in the Office of the Refugee Commissioner including the Dublin Unit.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Correctional Services Agency

Public officers assigned to Correctional Services Agency.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Human Resource Manager, Environmental Landscapes Consortium Limited

Public officers assigned to Environmental Landscapes Consortium Limited.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Director Operations, Campo Santo Ltd.

Public officers assigned to Campo Santo Ltd.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Courts Services Agency

Public officers assigned to the Court Services Agency.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Lands Authority

Public Officers assigned to the Lands Authority

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Executive Chairperson, Malta Competition and Consumer Affairs Authority (MCCAA)

Public Officers assigned to the Malta Competition and Consumer Affairs Authority (MCCAA)

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Malta Libraries

Public Officers assigned to Malta Libraries

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Malta College of Arts Science and Technology (MCAST)

Public Officers assigned to the Malta College of Arts Science and Technology (MCAST)

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Executive Chairperson, Planning Authority (PA)

Public Officers assigned to the Planning Authority (PA)

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chairman and Chief Executive Officer, Transport Malta

Public Officers assigned to Transport Malta

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Chief Executive Officer, Water Services Corporation (WSC)

Public Officers assigned to the Water Services Corporation (WSC)

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

Rector, University of Malta

Public Officers assigned to the University of Malta.

Subject to any instructions which may be issued by the responsible Permanent Secretary, within the parameters of this Schedule, vesting in any one officer power to exercise disciplinary control over particular categories of public officers.

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