Lokali Mgarr, 22,
Sir Harry Luke Mgarr.
Tel : (+356) 21 52 00 11
HELLO tel : (+356) 27 01 30 38
Fax : (+356) 21 52 22 52
E-Mail – firstname.lastname@example.org
Web Site – www.mgarr.gov.mt
AND OPERATION OF LOCAL AND REGIONAL DEMOCRACY
24th April 2001, Act No. XIII of 2001 was published. With
effect from this date, the Constitution of Malta, Article
115A was to read: "The State shall adopt a system
of local government whereby the territory of Malta shall
be divided into such number of localities as may by law
be from time to time determined, each locality to be administered
by a Local Council elected by the residents of the locality
and established and operating in terms of such law as
may from time to time be in force."
European Charter of Local Self-Government
Local Councils Act (1993) in Malta was modelled on the
European Charter of Local Self-Government, which the Malta
Government had signed on 13th July 1993 and eventually
ratified on 6th September 1993. The Member States of the
Council of Europe which have signed the relative European
Charter of Local Self-Government are those listed in the
Council of Europe`s List of Treaties, Document ETS No.
122. This document provides also the individual declarations
and reservations of the relevant Member States signing
the Charter. Main legislative texts
Local Councils Act, 1993 (Act XV of 1993) which was published
on 30 June 1993, stipulates that "The Council shall
be a statutory local government authority having a distinct
legal personality and capable of entering into contracts,
of suing and being sued, and of doing all such things
and entering into such transactions as are incidental
or conducive to the exercise and performance of its functions
as are allowed under the Act."
21st December 1999, Act No. XXI (1999) - The Local Councils
(Amendment) Act 1999 - was published. Enacted by Parliament,
this Act amended the Local Councils Act (1993) quite considerably.
In the Laws of Malta, today the Local Councils Act is
referred to as Chapter 363.
Act is divided into seven parts and has eleven schedules:
I Title, Commencement and Interpretation Part II Constitution
of Councils Part III The Office of Mayor Part IV Functions
of Local Councils, Procedure and Meetings Part V Officers
and Employees Part VI Finance Part VII Miscellaneous Provisions
eleven schedules deal with :
Coats-of-Arms 2. Localities and their boundaries 3. Local
Council (Elections) Regulations 4. Items excluded from
responsibility of Local Councils 5. Oath of Office of
Councillors/Mayor/Deputy Mayor 6. Standing Orders 7. Election
of Mayor and Deputy Mayor 8. Approved Non-Governmental
Organisations 9. List of Member countries of the Council
of Europe whose nationals are entitled to vote in Local
Council Elections 10. Financial allocation to Councils
11. List of Hamlets and their boundaries
OF LOCAL/REGIONAL AUTHORITIES
Act establishes sixty-eight (68) localities. grouped in
3 regions which are constituted as follows :-
Region - 14 Local Councils
Malta Majjistral Region - 29 Local Councils
Malta Xlokk Region - 25 Local Councils
than 5 sq. km 48 localities
- 10 sq. km -- 14 localities
10 - 15 sq. km -- 2 locality
15 - 20 sq. km -- 2 localities
over 20 sq. km -- 2 localities
approximate Area of each Region:
- 66 sq. km.
Malta Majjistral - 163 sq. km.
Malta Xlokk - 64 sq. km.
TOTAL - 293 sq. km
- 4.7 sq. km.
Malta Majjistral - 5.8 sq. km.
Malta Xlokk - 2.5 sq. km.
Largest Local Council in terms of approximate Area:
Rabat (Malta) - 26.4 sq. km.
Smallest Local Council in terms of approximate Area:
Isla (Citta' Invicta) - 0.16 sq. km.
Overall approximate Average Area : - 4.4 sq. km.
governing changes in structures
in the boundaries of localities are made only in exceptional
circumstances and only by the Electoral Commission, after
consultation with the Minister responsible for Local Councils,
the Local Councils concerned, and, wherever possible,
with the local residents.
deliberative body is the Council.
number of Councillors for each locality is determined
as follows: up to 4,999 inhabitants - 5 Councillors
5,000 - 9,999 inhabitants - 7 Councillors
10,000 - 14,999 inhabitants - 9 Councillors
15,000 - 19,999 inhabitants - 11 Councillors
20,000 and over inhabitants - 13 Councillors
Council is elected every three years by the inhabitants
with the necessary qualifications to vote and who are
registered as voters in the Local Councils' Electoral
Register which relates to the locality for which Local
Councillors are to be elected. Elections are held by means
of the system of proportional representation using the
single transferable vote.
Executive Secretary, who is appointed by the Council,
is the executive, administrative and financial head of
basic statutory duties of the Executive Secretary are:
(a) to issue all notices, prepare the agenda in consultation
with the Mayor, and attend all meetings;
to draw up the minutes of all Council and Committee meetings;
to submit a detailed annual administrative report to the
to ensure that the Council receives the annual estimates
for the next financial year;
to carry out any other duties that may be detailed or
delegated to him by the Mayor or Council.
Council appoints the Council`s Executive Secretary on
a contract basis for a period of three years.
Council may also appoint such other employees as it considers
necessary for the efficient discharge of its functions,
but it may not employ more than one person per 3,000 residents.
Council employees are also appointed under a three-year
may however contract out their service requirements.
of appointment The Council appoints a Secretary after
consulting the Minister responsible for Local Councils.
The engagement is made after the Council reviews applications
and interviews applicants who are either referred by the
Employment and Training Corporation (which is the employment
agency recognized by the Constitution) or after the Council
makes a public call for applications.
the same criteria apply in regard to the employment of
all the other Council employees.
head of the local/regional authority
Mayor is the political head of the Local Council. He is
the representative of the Council for all effects under
of the function and relationship to the deliberative and/or
executive bodies. It is the Mayor's duty to "supervise
all functions of the Council" [s.26(1) of the Local
Councils Act, 1993]. The Mayor is also responsible "for
the furtherance of the objects and provisions" of
the said Act [s.26(2) ]. Furthermore, he presides over
all meetings of the Council.
of election or appointment
Mayor is elected at the first sitting after Councillors
have taken their oath of office. This sitting is to be
held not later than a week from the first day when the
Councillors can hold office. The election of Mayor is
held from amongst the Councillors, and is conducted by
separate open ballot.
same procedure applies for the election of Deputy Mayor.
exercised by the Mayor on behalf of the State:
The Mayor can only exercise those functions which are
delegated to Councils by virtue of the Local Councils
Act, 1993. He may only exercise "certain functions
on behalf of the State" if an agreement is made with
a particular government organisation/authority to perform
functions which are exclusively the competence of the
(central) government or pertaining to that particular
authority. Such function can only be exercised under the
direct supervision and responsibility of the competent
authority and after obtaining approval from the Minister
responsible for Local Councils.
Executive Secretary is ipso facto also the Head of Administration.
of powers and responsibilities between Local Councils
and Regional authorities
68 Local Councils are grouped into 3 Regions as indicated
in the Local Councils (Association) Regulations. There
exists, however, no actual division of powers and responsibilities
between the two "authorities", since functions
and responsibilities are statutorily assigned to Local
Councils (by virtue of Part IV of the Act).
Provisions concerning the Internal structures of Local
Councils and Regions
structure of Local Councils is regulated by the provisions
of the Local Councils Act, 1993 and the relative Regulations
(issued by Legal Notices).
Local Councils (Association) Regulations determine the
structure of the 3 Regions