Kunsill Lokali Mgarr, 22,

Triq 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 – mgarr.lc@gov.mt
Web Site – www.mgarr.gov.mt

STRUCTURE AND OPERATION OF LOCAL AND REGIONAL DEMOCRACY
LEGAL BASIS

Constitutional Provisions

On 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."

The European Charter of Local Self-Government

The 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

The 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."

On 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.

The Act is divided into seven parts and has eleven schedules:

Part 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

The eleven schedules deal with :

1. 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

STRUCTURE OF LOCAL/REGIONAL AUTHORITIES

Subdivisions

The Act establishes sixty-eight (68) localities. grouped in 3 regions which are constituted as follows :-

Gozo Region - 14 Local Councils
Malta Majjistral Region - 29 Local Councils
Malta Xlokk Region - 25 Local Councils

Statistical Data

Surface Area

Less than 5 sq. km 48 localities

5 - 10 sq. km -- 14 localities
10 - 15 sq. km -- 2 locality
15 - 20 sq. km -- 2 localities
over 20 sq. km -- 2 localities

Net approximate Area of each Region:

Gozo - 66 sq. km.
Malta Majjistral - 163 sq. km.
Malta Xlokk - 64 sq. km.
TOTAL - 293 sq. km

Average approximate Area:

Gozo - 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.

Regulations governing changes in structures

Changes 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.

Title

The deliberative body is the Council.

Composition

The 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

Method of election

The 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 body

Title

The Executive Secretary, who is appointed by the Council, is the executive, administrative and financial head of the Council.

The 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;

(b) to draw up the minutes of all Council and Committee meetings;

(c) to submit a detailed annual administrative report to the Mayor;

(d) to ensure that the Council receives the annual estimates for the next financial year;

(e) to carry out any other duties that may be detailed or delegated to him by the Mayor or Council.

Composition

The Council appoints the Council`s Executive Secretary on a contract basis for a period of three years.

The 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 contract.

Councils may however contract out their service requirements.

Method 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.

Almost the same criteria apply in regard to the employment of all the other Council employees.

Political head of the local/regional authority

The Mayor is the political head of the Local Council. He is the representative of the Council for all effects under the Act.

Nature 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.

Method of election or appointment

The 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.

The same procedure applies for the election of Deputy Mayor.

Functions 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.

Head of administration

The Executive Secretary is ipso facto also the Head of Administration.

Division of powers and responsibilities between Local Councils and Regional authorities

The 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).

Legal Provisions concerning the Internal structures of Local Councils and Regions

The structure of Local Councils is regulated by the provisions of the Local Councils Act, 1993 and the relative Regulations (issued by Legal Notices).

The Local Councils (Association) Regulations determine the structure of the 3 Regions