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Maltese Laws |
LOCAL COUNCILS ACT
To make provision for the setting up of Local Councils.
23rd July, 1993
1st January, 1994
1st April, 1995
1st April, 1996
ACT XV of 1993, as amended by Legal Notice 53 of 1995, Act XII of 1995; Legal Notices
170 of 1995, 28 and 97 of 1996; Acts: VIII, XIII and XV of 1996; Legal Notice 205 of 1996; Act XVI of 1997; Legal Notices 107 of 1997, 87 and 255 of 1998, Act XXI of 1999; Legal Notices 7, 19 and 77 of 2001, and 48, 79 and 153 of 2002; Act XII of 2002; Legal Notice 117
of 2003; Acts XVI of 2003 and III of 2004; Legal Notice 326 of 2004; Act I of 2005; Legal
Notices 76, 158 and 272 of 2005, and 111 and 181 of 2006; Acts II and XXI of 2007; Legal
Notices 82, 96, 372 and 425 of 2007, and 26, 128 and 161 of 2008; Acts XVI of 2008 and XVI
of 2009; Legal Notice 179 of 2010; Act V of 2011; and Legal Notices 230, 231 and 313 of
2011.
ARRANGEMENT OF ACT
Articles | ||
PART I. | Title and Interpretation | 1-2 |
PART II. | Constitution of Councils | 3-24 |
PART III. | The Office of Mayor | 25-32 |
PART IV. | Functions of Local Councils, Procedure and Meetings | 33-48 |
PART V. | Officers and Employees | 49-54 |
PART VI. | Finance | 55-68 |
PART VII. | Miscellaneous | 69-78 |
SCHEDULES
FIRST SCHEDULE Coats-of-Arms
SECOND SCHEDULE Localities and their Boundaries
THIRD SCHEDULE Local Councils (Elections) Regulations, 1993
FOURTH SCHEDULE Items excluded from responsibility of Local Councils FIFTH SCHEDULE Oath of Office of Councillors/Mayor/Deputy Mayor SIXTH SCHEDULE Standing Orders
SEVENTH SCHEDULE Election of Mayor and Deputy Mayor
EIGHTH SCHEDULE Financial allocation to Councils
NINTH SCHEDULE Communities
TENTH SCHEDULE Local Councils’ Elections Schedule
ELEVENTH SCHEDULE Regions
PART I
Title and Interpretation
Short title. 1. The short title of this Act is Local Councils Act.
Interpretation. Amended by: XV. 1996.67; XVI. 1997.8; XXI. 1999.2,3; XVI. 2003.24; I. 2005.2;
XVI. 2008.47; XVI.2009.3.
Cap. 291.
Cap. 354. Cap. 467.
"advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated
or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction, including any
boarding or similar structure used or adapted for use for the display of advertisements;
"Association" means the Local Councils Association recognised as such in the terms of article 37(3);
"Auditor General" means the Auditor General appointed in terms of article 108 of the Constitution;
"Commissioner for Justice" means any person appointed to such office according to article 3 of the Commissioners for Justice Act;
"community" means any village as indicated in the Ninth
Schedule;
"Council" means a Local Council established under this Act;
"councillor" means a memb er elected to a Coun cil under the provisions of this Act;
"Director" means the Director responsible for Local Councils;
"Elect or al Commission" means the Elect or al Commission established by article 60 of the Constitution;
"Electoral Register" means the Electoral Register published in accordance with the provisions of the General Elections Act;
"Europ ean Uni on Electo ral Reg i st er" ha s t h e sa me me an ing assigned to it by article 2 of the European Parliament
Elections Act;
"Executive Secretary" means the person occupying the post of
Executive Secretary of the Council in accordance with this Act;
"financial year" means a twelve month period starting from the
1st of January and ending on the last day of December:
Provided that the Minister may, after consultation with the Auditor General, by regulations provide a different interpretation to
financial year;
Cap. 258. "identity card" means the identity card issued under the Identity
Card Act;
"Information and Dat a Protection Com missioner" means the
Cap. 440.
official appointed in terms of article 36 of the Data Protection Act;
"locality" means an area within set boundaries as designated in th e Second Schedul e; sohowever that wh en a set boun
dary so designated passes through a street dividing two localities, both sides of such street shall form part of the locality as
indicated by arrows;
"Malta" has the same meaning assigned to it by article 124 of the
Constitution;
"Mayor" means the Mayor of a Council elected in accordance with article 25;
"Min ist e r" means t h e Minister responsible fo r Local
Government;
"motion" means any pr oposal or recommendation made by a Councillor as provided in this Act, which shall be so registered
and discussed;
"political party" means, except as otherwise provided for in this Act, any person or any group of persons contesting the
elections of a Local Council as one group bearing the same name;
"population of a locality" means the population, published by the
Minister responsible for statistics in terms of article 73;
"pu b li c bod y" in cl udes a corp oratio n set up b y an Act o f Parliament, any agency that may be set up by the Government
and any limited liability company in which the Government of Malta has a controlling interest;
"public officer" shall have the same meaning assigned to it by article 124 of the Constitution;
"public service" shall have the same meaning assigned to it by article 124 of the Constitution;
"resol uti on" means a mo ti on whi c h has b e en di scussed an d appro v ed during a Council meet ing, and so registered
i n the minutes of the same meeting;
"st reet" incl udes an y road, al ley, sq uare, b rid ge, shore fron t, quay, or other place of public passage or access;
"structure plan" has the meaning assigned to it by articles 18 and
22 of the Development Planning Act.
PART II
Constitution of Councils
(2) The Council shall be a statutory local government authority having a d istinct legal personality and capable of enterin g 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 this Act:
Cap. 356.
Establishment of Local Councils. Amended by: XXI.1999.4;
XVI. 2003.24; XVI. 2009.4.
Provided that the Council shall not have the power to:
(a) borrow or lend any monies except with the authority in writing of the Minister with the concurrence of the Minister responsible
for finance;
(b) enter into any form of commercial partnership in
furtherance of its functions or otherwise, unless authorised to do so in writing by the Minister;
(c) delegate any of its functions in a manner other than that established by or under this Act;
(d) a Local Council may enter into public private partnerships both with the private sector or with non- governmental
organisations, following approval by the Department for Local Government which shall grant such approval only if it is
satisfied that such partnership would benefit the residents of the locality, and after having obtained the approval of the
Minister responsible for finance and of the Minister responsible for Local Government.
(2A) The Minister shall, after agreement with the Local Councils Association, draw up a written policy regarding Local
Government. No decision taken by a Local Council shall go against that established policy.
(3) Changes in the boundaries of localities shall be made only
in excepti onal circumstan ces and only by the Electoral
Com m i s sion, after consu ltation with t h e Minister, th e Local
Councils concerned and, wher ever possible, with the local residents. The Electoral Commission s ha ll effe ct s uch change s through
a legal notice in the Gazette.
(4) Any such change shall be effected in the Electoral Register or in the European Union Electora l R e gister, a s the c a se
may require, and, for the purposes of article 55, such change shall have effect from the first day of April of the year following
such change.
(5) Each locality shall be referred to by the name as designated in the Second Schedule and any reference to that locality shall
be by the name so designated.
(6) A Local Council proposing to finance a project by means of a loan which would be repayable within a period longer than eight
years shall submit its proposal for the approval of its residents in a referendum.
Constitution of the
Council.
Amended by:
XXI.1999.5;
XVI.2009.5.
(a) in the case where the population of a locality is under five thousand, the number of councillors shall be five;
(b) in the case where the population of a locality is five thousand and over but less than ten thousand, the number of councillors
shall be seven;
(c) in the case where the population of a locality is ten thousand and over but less than fifteen thousand, the number of councillors
shall be nine;
(d) in the case where the population of a locality is fifteen thousand and over but less than twenty thousand, the number of councillors
shall be eleven; and
(e) in the case where the population of a locality is twenty
thousand or more, the number of councillors shall be thirteen.
(2) For the purposes of subarticle (1), the population of a locality shall be as defined in article 2 and as published
prior to the election of a Local Council.
(3) The Council shall be presided by a Mayor to be elected in accordance with the Seventh Schedule.
(4) A Deputy Mayor shall also be elected in accordance with the Sevent h Schedule. Th e Deput y Mayor shall presi d e in the absence
of the Mayor.
(5) For the purposes of subarticle (1) article both the Mayor and the Deputy Mayor shall be deemed to be councillors.
(2) Every person who is a national of a Member State of the Euro pe an U n i o n wh o s e na me a p pears in the last published European Union Electoral Register and who has not been convicted of any offence connected with the election of members of Local Councils shall be entitled to vote in elections of Local Councils.
Persons entitled to vote.
Amended by: XV.1996.67;
XVI. 2003.24.
Provided that the elections for councillors for the years
2009 to 2021, both inclusive, shall be held as indicated in the Tenth
Schedule:
Provided further that the Prime Minister may postpone the election of a group of Local Councils by a period of not more than one year
if during that period an electi on for Mem b ers of t h e European Parliament or a General Election is due to be held, and this
solely in order that the Local Councils elections may be held on the same day as the election for the European Parliament or the
General Election.
(2) The conduct of the elections shall be the sole responsibility of the Electoral Commission which shall conduct such election
and count the votes cast in accordance with the provisions of the Third Schedule.
(3) If no candidates are nominated to contest the election of a
Local Council in accordance with the Third Schedule, the Minister
Special Register. Added by: XV.1996.67.
Persons entitled to vote in a particular locality.
Amended by: XV.1996.67; XVI. 2003.24.
Election of councillors. Amended by: XXI.1999.6; XVI. 2003.24; XVI. 2009.6.
shall appoint a Committee of Management which shall perform all such duties as are competent on the Council until a new Council is
elected:
Provided that the Electoral Commission shall, at a date determined by the Minister, but in any case within twelve months o
f t h e dat e on whi c h th e electi on w a s due to b e held , hol d an election for a new Council:
Provided further that any new Council shall serve for such term of office as would have been served by any councillor who would have
been elected in the election for which no candidates had been nominated.
(4) Whenever, in accordance with the Third Schedule, a co- option has to be effected, such co-option shall be made by th e elected
counci llors at t h eir first sitting and , i f appli c able, immediately after having elected the Mayor and Deputy Mayor.
(4A) The eligibility and qualifications criteria established for the election of a member of a Council under articles 11 and 12 shall
also apply to a person nominated for co-option.
(4B) When a member is so co-opted to the Council the Executive Secretary shall cause the name of such Councillor to be published in
the Gazette.
(4C) The provisions of this Act shall apply to co-opted Councillors in the same manner that they apply to elected
Councillors.
(5) If elections for councillors are due to be held within four months of the holding of general elections, European Parliament
elections or referenda, the election of councillors may be postponed or brought forward to a date determined by the Minister, but
in any case not later or earlier than four months of the holding of such general elections, European Parliament elections or referenda:
Provided that, in the event that the elections are so postponed or brought forward, the term of office of councillors in
office at the time of such postponement or bringing forward shall be extended or reduced by the same period by which the elections
are postponed or brought forward an d that of the councillors subsequently elected shall be reduced or extended by the same period
by which the term of office of the previous councillors has been extended or reduced.
(6) Elections shall be held on the second Saturday of March or on such a date as may be established by the Prime Minister in the
Gazette:
Provided that the Minister may by order in the Gazette stipulate that an election may be delayed or brought forward by two
weeks from the date stipulated above.
Casual vacancies. Amended by: XXI.1999.3;
XVI. 2009.7.
occurred, and a casual election to fill the vacancy shall be held in accordance with the provisions of the Third Schedule on a day
to be fixed by the Electoral Commission being not more than thirty days after the date on which such vacancy has occurred:
Provided that if a casual vacancy occurs as aforesaid within three months before the expiration of the term of office of the Council,
no casual election shall be held and the Council shall be deemed to be fully constituted for the purposes of this Act.
Provided that no person may contest the election of more than one locality in any local election:
Provided that in the case of public officers, Public Service Man ag em e nt Co de may from tim e to t ime restrict any cl ass or classes
of public of fi cers from contesti ng the elections for councillors and that for the purposes of this proviso "Public Service
Management Code" means the body of regulations from time to time applicable in the public service.
Vacancy not to invalidate proceedings.
Eligibility for Election as councillors. Amended by: XV.1996.67; XXI.1999.7; XII. 2002.2; XVI. 2003.24; I. 2005.5.
(a) he is a member of the House of Representatives or of any similar institution in another Member State of the European Union;
(aa) he is a member of the European Parliament;
(b) he is a member of any disciplined force as defined in article 47(1) of the Constitution of Malta;
(c) (deleted by Act I. 2005.6);
(d) he is a person in the employment of the Council for which elections are to be held or Executive Secretary in any one of the Local
Councils;
(e) he is a person who holds any office the functions of which involve any responsibility for or in connection with the conduct
of any election of members of the Council or the compilation of or revision of any electoral register;
(f) he is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in Malta;
(g) he is interdicted or incapacitated for any mental infirmity or for prodigality by a court in Malta, or is otherwise determined
to be of unsound mind;
(h) he is serving a sentence of imprisonment (by whatever
Persons not qualified to stand for Council. Amended by: XV.1996.67;
XII. 2002.3; XVI. 2003.24;
I. 2005.6; XVI. 2009.9.
name called) exceeding twelve months imposed on him by any court in Malta or is under such a sentence of imprisonment the
execution of which has been suspended;
(i) he is a member of the judiciary;
(j) he is disqualified from membership of the Council by or under this Act or any other law for the time being in force in Malta:
Provided that no Councillor shall remain in office if at any time during his term of office he is elected as Councillor of any o t
her Local Coun cil or of any simi lar in st itu tio n in any ot her member state.
Councillor ceasing to be qualified to stand for Council.
(2) If a councillor ceases to be qualified by reason of any provision of this Act, he shall thereupon cease to be a member and the provisions of article 9 shall apply.
Term of office of councillors. Amended by: XXI. 1999.8;
I. 2005.7.
Penalty for unqualified persons acting as councillors. Amended by:
L.N. 425 of 2007; XVI. 2009.10.
(2) Elected councillors shall, on the termination of their term of office, if otherwise qualified, be eligible for re-election.
(3) The term of office of any person -
(a) elected or co-opted to fill a casual vacancy in a
Council; or
(b) elected or co-opted to a Council where that Council’s election had been, in whole or in part, postponed for any reason,
shall be the remaining period of the term of office stipulated in article 8.
15. (1) A councillor shall be liable to a fine (ammenda) of two hu ndred euro (€ 200) for ev ery occasio n on w h ich he attend s a Council meeting knowing or having reasonable grounds
to believe that he is disqualified or acting as councillor when his seat has become vacant:
Provided that the Minister may, from time to time, by notice in the Gazette specify h i gher pe nalties which in no case shall exceed
a fine (ammenda) of two thousand euro (€2,000) for each occasion.
(2) The fine (ammenda) contemplated in subarticle (1) shall be
recoverab l e by t h e Min i ster as a civi l debt and paid into the
Consolidated Revenue Fund.
(3) A councillor acting in the manner contemplated in subarticle (1) shall be liable to refund any sums disbursed
by the Council or any other body on his behalf, or benefits acquired in connection with his office from such tim e when the cause
for disqualification arises.
(4) The foregoing sub-articles of this article shall be applied and construed without prejudice to any criminal action which may
be taken by the competent authorities.
(2) The Council shall have the right to sue such unqualified person for any damages resulting from any transaction it has to honour unless such councillor proves that he had acted in good faith.
Validity of acts done by unqualified councillor.
(2) The Executive Secretary shall act in accordance with the provisions of article 9.
Resignation of Council members. Amended by: XXI.1999.17.
Provided that when a Councillor has so absented himself, a n d be fo re info rmin g t h e Mi nis t er as a f o r es a i d , th e Ex
ec ut ive Secretary shall inform the Mayor of such an event and the Mayor shall thereupon insert an item on the agenda for the first
Council meeting to discuss whether the absence of such Councillor was due to a justifiable cause.
Provided further that if the Council has resolved that the absence is due to a justifiable cause, the Executive Secretary in informing
the Minister of the councillor ’s failure shall also transmit the recommendation of the Council for the Minister not to declare
the seat vacant:
Councillors to attend all meetings. Amended by:
XXI. 1999.3, 18; I. 2005.8;
XVI. 2009.11.
Pecuniary interest.
Amended by:
L.N. 425 of 2007;
XVI. 2009.12.
(a) not to preside over or take any part in the consideration or discussion of, or to vote on any question
with respect to, that contract, proposed contract or other matter; and
(b) unless the contract, proposed contract or other matter is under consideration by the Council merely as part of a report of a committee
or sub-committee thereof and does not itself become the subject of separate debate, to withdraw from the meeting while that
matter is being considered.
(2) It shall be the duty of every Council to record in the minutes of a meeting particulars of any disclosure made
to that meeting under subarticle (1) and of any subsequent withdrawal from the meeting.
(3) Any person who knowingly acts in contravention of subarticle (1) shall be guilty of an offence and shall be liable
to imprisonment for a term not exceeding one year or to a fine (multa) not exceeding two thousand five hundred euro (€2,500) or fifty per centum of the contract, proposed contract or ot her m a tt er , whichever is the greater or to both such fine and imprisonment, and a n y
person found guilty of su c h an offence shall cease to be qualified to hold the office of councillor for a period of five years
from such conviction.
(4) For the purposes of subarticle (1) the word "indirect" includ es any pecuniary in terest whi c h a councill
or may h a ve through his spouse, children, parents, brothers or sisters or through any company (not being a public company) of which
he or any one or more of them is a shareholder or through any company of which he or any one or more of them is a director.
Relatives of councillors. Amended by: XXI. 1999.3;
L.N. 425 of 2007; XVI. 2009.13.
(2) All disclosures made under subarticle (1) shall as soon as practicable be brought by the Executive Secretary to the notice
of the Council and:
(a) it shall be the duty of the Council to record in its minutes particulars of the disclosure; and
(b) if the councillor required to make the disclosure is present at any meeting of the Council at which any question relating
to or affecting the appointment, remuneration, tenure or conditions of service,
promotion, status, conduct, dismissal, suspension, retirement or superannuation of the person to whom he stands in a relevant
family relationship is under consideration, he shall withdraw from that meeting while that question is being
considered and his withdrawal shall be duly recorded in the minutes of the proceedings of that meeting.
(3) Any councillor who acts in contravention of subarticle (1) or subarticle (2)(b) shall be guilty of an offence and shall be liable on summ ary convicti on to a fine ( multa ) not exce eding se ve n hundred euro (€700) and, moreover, any person found guilty of such an offenc e shall be li able to be
disqua li fied from holding office of councillor for a period of five years from such conviction:
Provided that the Minister may, from time to time, by notice i n the Gazette specify hig h er penalties whi c h in no case shall
exceed a fine (multa) of seven thousand euro (€7,000).
(4) For the purposes of this article, a relevant family relationship shall be deemed to exist between a councillor
and an officer or candidate if they are husband and wife or if the officer or candidate, or the husband or wife of the officer or
candidate, is the:
(a) parent;
(b) grandparent;
(c) grandson or granddaughter; (d) son or daughter;
(e) brother or sister; (f) uncle or aunt;
(g) nephew or niece; or
(h) first cousin,
of the councillor or of the husband or wife of the councillor.
(a) a report of the Auditor General for persistent breach of financial responsibilities; or
(b) persistent non regard to the provisions of this Act after formal notice has been given by the Minister; or
(c) lack of agreement in electing the Mayor; or
(d) lack of agreement by the Council in approving its annual estimates; or
Immunity from legal proceedings in certain cases.
Dissolution of Council. Amended by; XVI. 1997.8.
Cap. 273.
(e) a recommendation to that effect in a report by a board appointed under the Inquiries Act.
Elections to follow dissolution of Council.
Amended by: XXI.1999.3;
XVI. 2009.14.
Provided that no election shall be held where the remaining term of office of the dissolved Council is less than six months.
(2) The Minister shall appoint a Committee of Management which shall perform all such duties as are competent on the Council
until a new Council is elected:
Provided that until a Committee of Management is appointed, the Executive Secretary shall perform all such duties as
are competent on the Council.
(3) The newly elected Council shall hold office for the remainder of the term applicable to the dissolved Council.
Oaths of Office.
Amended by:
I. 2005.9;
XVI. 2009.15.
Cap. 490.
Mayors and/or Deputy Mayors elected in accordance with article
25 shall take and subscribe the oath of office in the form stipulated in the Fifth Schedule before any Commissioner for Justice who
is hereby being empowered to administer such oaths.
(2) Any Mayor, Deputy Mayor or councillor who undertakes a function incompatible with his oath of office shall be dismissed by
the President, acting in accordance with the advice of the Prime Minister, unless within thirty days from the receipt of a written
notice by the Minister, such member shall have renounced to the incompatible function.
(3) A breach of the Code of Ethics for Local Councillors may result in a referral of his case to the Board whi c h is to b e
established by the Minister to deal with cases of breaches of ethics. The Board shall be constituted and conducted in accordance
with regulations made by the Minister. The same Board shall have the authority to deal with the public complaints vis-à-vis the
Council.
(4) The Mayor, the Executive Secretary or any member of the Council shall report to the Department for Local Government any breach
of the Co de of Ethi cs committed b y any coun cil l or. Following the verification by the Board mentioned in subarticle (3) of
such reports and following a persistent breach of the Code of Et hic s , a forma l n o tic e s h al l be i s s u e d b y t h e Min
i s t e r, whic h formal notice s h all be publishe d w ith in such ti m e as m a y be provided by regulation under this Act.
(5) Any member of the public may also make a claim to the Ad ministrati v e T r ibunal set up i n accordance w ith the Ad
ministrati v e Justice Act wh enever he feels agg r ieved by an administrative act of a Local Council, that shall include the issue of any orders, licence, permit,
warrant, authorization, concession, decisions or refusal of any request made by applicant.
PART III
The Office of Mayor
Provided that if the Mayor vacates office during the Council’s term, the office of Mayor shall be occupied by such person
belonging to the same political party who had obtained the highest number of votes in the first count after the Mayor who is vacating
office:
Provided further that where the law does not provide otherwise, the Mayor shall be chosen from amongst the Councillors.
(1A) In any case where two or more persons who were elected in the first count obtain the same amount of votes among Councillors belo
ngin g t o t hat part y h avin g t he m ajo rit y o f C ounci llo rs, th e office of Mayor shall be filled by the person with the
longest experience as Councillor and who therefore has served longest on the Council among the two:
Provided that if the two Councillors have the same length o f serv ice i n o ffice, t h e office of Mayor shall be fil l ed by the
Councillor who is the more senior in age:
Provided further that in the case that both obtain the same amount of votes but are not elected in the first count, the office of
the Mayor shall be filled by whoever is elected first.
(2) (a) The office of Deputy Mayor shall be occupied by such elected Councillor from the political party mentioned in the preceding subarticle
who, under the conditions and in accord an ce with th e prov isio ns of such subarticle, shall have obtained, apart from the
Mayor, the highest number of votes in the local elections and
the provisions of such subarticle shall mutatis mutandis apply to the election of Deputy Mayor.
(b) In the case where the office of Deputy Mayor shall become vacant, the office of Deputy Mayor shall be filled by that Councillor
belonging to the party that has obtained the absolute majority of Councillors in the Local Council and who obtained the majority
of first preference votes after the Councillor whose office of Deputy Mayor has become vacant.
Election of Mayor and Deputy Mayor. Amended by:
XXI. 1999.12. Substituted by:
I. 2005.10. Amended by: XVI. 2009.16.
(3) Where no political party obtains an absolute majority of seats in such Council or where, for any reason whatso ever, the o
ffic e o f May o r or Dep u ty M a yo r is no t fi lle d in vi rt ue of t h e provisions of the preceding subarticles of this article,
the Council shall, at its first sitting, and after the Councillors have taken their oath of of fice, proceed with the election of
the Mayor and sub s equen tly of Deputy Mayo r from among i t s members in accordance with the Seventh Schedule.
(4) The first sitting of each Council shall be summoned by the most senior Councillor (or else if he refuses, by the next senior
Councillor and so on) and such meeting shall be held not later than one week from the first day when the Councillors may hold office
under article 14. The agenda for this first meeting shall be prepared by the Executive Secretary and shall be published not later
than four working days before the date fixed for such meeting.
(5) By not later than the third meeting after the Local Council election, each Councillor shall be assigned a specific sector which
h e shal l m o n ito r an d repo rt on to the Local Council. That Councillor may also set up a committee, over which the Councillor
w i ll pr e s id e i n o r de r t o w o rk in th at sec t o r. I n suc h c a se t h e members o f su ch commi ttee sh all b e appr
oved by t h e Coun cil before those members commence their functions. This matter shall be included in the meetings’ agenda as
aforesaid specified.
Mayor to have representation of Council and to preside meetings.
(2) The Mayor shall be responsible for the furtherance of the objects and provisions of this Act in the locality and Mayors shall co-operate betwee n themselves for the better we lfare of the localities which they represent.
Legal and judicial representation. Amended by: XXI.1999.3.
Term of Office.
Amended by:
I. 2005.11.
Vote of no confidence. Amended by: XXI. 1999.13; I. 2005.12.
(2) The motion proposing a vote of no confidence in the Mayor or Deput y May o r shall be sign ed by at l e ast one t h ird of
th e Councillors in office and shall specify the reason for such motion and propose another Councillor to be elected as Mayor or
Deputy Mayor as the case may be.
(3) The motion shall be discussed after at least five days have elapsed from its presentation as provided in subarticle (2) but
not later than ten days from such date; so however that if for any reason such meeting does not take place, or no decision is taken
on such motion within such time, the proponents of such motion may fix a d a t e an d agend a f o r su ch meeti ng to be held , an
d aft e r due notification is made to all Councillors, such meeting shall be held on such date for the sole purpose of debating and
deciding such motion of no confidence.
(2) If for the purposes of subarticle(1) the Deputy Mayor is unable to perform the funct i ons of Mayor for any reason whatsoever, such function shall be performed by the oldest member of the Council accepting such responsibility until such time as a Mayor is elected.
Convening of urgent Council meeting.
Added by: I. 2005.13.
Substituted by: XVI. 2009.17.
Vote of no confidence to be notified to Minister. Amended by: XXI.1999.3.
Casual vacancy in the Office of Mayor.
Amended by: XXI.1999.14;
V. 2011.24.
(a) in localities having less than five thousand residents (five Councillors), one third of the honorarium payable to
a member of Parliament;
(b) in localities having less than fifteen thousand residents (seven or nine Councillors), one half of the honorarium
payable to a member of Parliament;
(c) in all localities having more than fifteen thousand residents (more than nine Councillors), the honorarium shall be two
thirds of the honorarium payable to a Member of Parliament:
Provided that such honorarium shall not be deemed to be income for the purposes of the Social Security Act.
(2) The Minister may by regulations establish the allowance that Councils may pay to Councillors, which allowance shall be proportionate
to the number of meetings a Councillor has attended in any calendar year:
Addition of allowance to the Councillors. Amended by: XXI.1999.15;
I. 2005.14. Substituted by:
XVI. 2009.18.
Cap. 318.
Cap. 318.
Functions of Local councils.
Amended by: XXI. 1999.16;
I. 2005.15; XVI. 2009.19.
Provided that such allowance shall not be deemed to be income for the purposes of the Social Security Act:
Provided further that no payments for reinbursement of expenses shall be allowed.
(3) Each Councillor shall, at his own expense, be obliged to in stall an e-m ail service in his resi den ce. Any correspondence,
minutes or documents shall be sent to the Councillors by e-mail and for the purposes of service shall be deemed to have been duly
served.
(4) Any Councillor employed with the public sector shall be entitled to attend official Council m eetings during office hours
without prejudice to his leave entitlement.
PART IV
Functions of Local Councils, Procedure and Meetings
(a) to provide for the upkeep and maintenance of, or improvements in, any street or footpath, not being privately owned:
Provided that maintenance in relation to any street or footpath includes the patching or resurfacing thereof, but does not
include its reconstruction;
(b) to provide for the collection and removal of all refuse from any public or private place, for the maintenance of cleanliness
and for the upkeep and maintenance of all public conveniences, dustbins and other receptacles for the temporary deposit and collection
of waste, and to ensure that these are accessible to all persons, including persons using a wheel-chair;
(c) to provide for the establishment, upkeep and maintenance of children’s playgrounds, public gardens and sport,
cultural or other leisure centres, and as part of a national scheme to administer local libraries and to ensure that these are,
as far as possible, accessible to all persons, including persons using a wheel-chair;
(d) to provide and maintain proper road signs and road markings, in conformity with national and international
standards, to provide for the installation and maintenance of bus shelters in accordance with standards and specifications
laid down by the competent transport authority, to establish and maintain pedestrian and parking areas and to
provide for the protection of school children in the vicinity of schools;
(e) to propose to and, where applicable, be consulted by any competent authority prior to the competent authority making
any changes in traffic schemes
directly affecting the locality;
(f) to make recommendations to any competent authority for or in relation to any planning or building scheme and to be a full
participant in any decisions on the naming or renaming of streets;
(g) within the parameters of any national plan, to issue guidelines to be followed in the upkeep, restoration, design or alteration
of the facade of any building or of any building or any part of a building normally visible from a street, including the type
of lighting and materials used, advertisements and shop fronts, and in the case of premises which are open to the public, to
ensure that such premises are, as far as possible, accessible to all persons, including persons who use a wheel-chair;
(h) to assist citizens by providing, where applicable in conjunction with any competent authority, information relating to
the rights of citizens in general, including information on consumers’ rights, transport, communications, tourist
facilities, taxation, social security, public health and other matters of public utility and interest;
(i) to advise and, where applicable, be consulted by, any authority empowered to take any decisions directly or indirectly affecting
the Council and the residents it is responsible for;
(j) as part of a national scheme, to provide in conjunction with any competent authority, for the establishment, upkeep and
maintenance of Child Care Centres, kindergartens and other educational services or buildings;
(k) as part of a national scheme, to provide in conjunction with any competent authority for the establishment, upkeep and maintenance
of health and rehabilitation centres, government dispensaries, health district offices and Homes for Senior Citizens,
Day Centres for Senior Citizens and Night Care Centres;
(l) to propose to the Minister responsible for education, persons to be appointed as presidents of primary school councils;
(m) within the context of a national action plan, Councils shall promote social policy initiatives within their locality.
A Council shall work with people having special needs, with children and young people having literacy problems, with
the elderly, persons with mental health problems, in community care as well as initiatives in the area of preventive care;
(n) safeguard local identity and for this purpose take the necessary iniatives to safeguard the local historical and cultural
heritage, traditions and folklore;
extend assistance to artists, musicians and sports persons from their locality in order that they may develop their
talents;
(p) organise cultural activities that promote the locality in every possible way;
(q) protect the natural and urban environment of the locality and take all necessary measures to ensure the more efficient
use of energy, good waste management and climate change iniatives;
(r) in agreement with the education authorities to make the best use of facilities already existing in schools in the locality after
normal school hours such as sports facilities, school halls, information technology laboratories, and other public
facilities in the locality;
(s) organise sports activities for all residents of all ages, co-operate closely with the sports associations from the locality,
to provide good sports facilities and organise such sports activities as are not normally organised by local sports
associations;
(t) ensure to give effect to the concept of life long learning with all residents, particularly adults and the elderly,
by providing such service within the same locality;
(u) provide and maintain the service of a local library;
(v) to promote an entrepreneurial policy whereby the interests of shop owners and the needs of the residents and the consumer
in the community are catered for. The Council is to encourage activities which promote trade and to facilitate Council procedures
to lessen bureaucracy so that commercial activities can improve the services they provide;
(w) to enter into agreements with any public body or government department for the delegation to the Council of
any of the functions of that public body or department:
Provided that any such delegation shall only come into effect after the Minister has made the relevant order in the
Gazette;
(x) to perform any other function which shall be delegated to it by the Government through the Minister by means of an order published
in the Government Gazette;
(z) to provide for all such other works, things, matters and services which are not excluded from a Council’s competence
by any law for the time being in force nor assigned to any other authority.
(2) Arterial and distributor roads determined by the Structure Plan, national monuments, national parks or gardens, industrial
estates, ports, airports and other nati on al te rr it or ies, establ ish-
ments, buildings and items listed in the Fourth Schedule to this Act are the responsibility of the Government, except as provided
in terms of subarticle (1)(w) or (x), and are totally excluded from the competence of Local Councils.
(3) (a) Various other new functions may be vested in Local Councils. Each function shall be devolved when the Centr a l G over n men
t w ill be co nvin ced t h at Local Councils are prepared to take on such responsibility.
(b) In the case of devolution of new functions, such new functions will first be devolved on to a small number of Local Councils,
possibly of various sizes, to serve as a test.
(2) Notwithstanding the provisions of subarticle (1), the Mini ster m a y u nder arti cle 7 2 , m a ke regu lat i on
s of gen e ral application for the purposes for which a Council may make bye- laws under this Act and such regulations shall, for
the purposes of this Act and of any other law, be deemed to be bye-laws enacted by all the Councils:
Provided that any such regulations may only make provisions of a general nature and shall be without prejudice to the
making of further bye-laws by any Council for the same purpose making special provision for its locality.
Council to make Bye-laws. Amended by: XII.1995.16.
(2) A Council shall, on application, furnish to any person a copy of the proposed bye-laws, or of any part thereof, on payment
of a reasonable sum not exceeding the price of the Gazette.
(3) The Executive Secretary shall submit to the Director a copy of the proposed Bye-Laws after these have been discussed
and approved by the Council.
(4) If within six weeks from the receipt of the proposed Bye- Laws by the Director, the Mini ste r decides to propose any amendments
he shall inform the Council in writing of any such amendments.
(5) If within the said period of six weeks the Minister does not inform the Council, the Council shall assume that the Minister
is not proposing any amendments.
(6) After discussing the amendments proposed by the Minister, if any, the Council may either approve or not approve the Bye-
Procedure for making Bye-laws. Amended by:
XXI. 1999.3,17; XVI. 2009.20.
forward a copy of the approved Bye-Laws to the Minister.
(7) The Minister shall have the right to object to any bye-law approved by any Council and shall signify such objection and the
justification thereof in writing to the Council.
(8) Should the Minister not object to the bye-laws, the Executive Secretary shall cause the bye-laws to be published
in the Gazette an d they sh al l com e into for c e one m onth af ter t h eir publication or within such shorter period as may be
agreed upon between th e Cou ncil and the Mini ster. Any such shorter period shall be specified in the bye-law.
Penalties for contravention of Bye-laws. Amended by: XXI. 1999.3,18;
L.N. 425 of 2007; XVI. 2009.21.
Cap. 291.
Cap. 291.
36. (1) Except as provided by any other law, a person who contravenes a bye-law shall be guilty of a contravention and shall be liable
t o the punishm ent of a fi ne (a mmenda) not exceeding se ve nt y eu ro (€7 0 ) an d, in th e case o f a co nt i n u i ng o ffe nc e, a further fine (ammenda) not exceeding fifteen euro (€15) for each day on which the offence continues after conviction:
Provided that the Minister may, from time to time, by notice in the Gazette prescribe higher penalties which in no case shall exceed
a fine (ammenda) of two thousand euro (€2,000) and, in the case of a cont inu i n g o f fence, a fur t her fine ( amm e nda ) n o t exceeding five hundred euro (€500) for each day.
(2) Unless otherwise provided by this article, the contraventions referred to in subarticle (1) shall be
deemed to be schedu led o ffen ces for th e purposes of th e Commissioners for Justice Act and th e p r ov isi ons of th e said Commi ssio n ers f o r Justice Act shall apply m uta tis m uta ndi s to any proceedings in respect of such contraventions under this Act.
(3) A Commissioner for Justice shall, where he is to consider ch arges regardin g an y i nfrin gem ent of any Bye-laws, sit in
the Lo cal Tr ibu n al establi s h e d in t e rms of the Commi ssion e rs fo r Justice Act, which shall either be the administrative offices of the Council concerned or any other place so designated by the Minister after
consultation with the Council.
(4) The Executive Secretary shall be the prosecutor in any such hearing and shall have the same powers assigned to the Executive
Police under the C o mmissioners for Justice Act. Service of any summons sha l l be ef fected by th e Executive Secretary in the manner provided in article 6(2) of the Commissioners
for Justice Act or by the Executive Police or by a local warden as provided in subarticle (1) of the said article:
Provided that the functions of the Executive Secretary under this sub-article and under subarticle (6) may be delegated to
any other person or persons as the Co uncil may by resolution determine.
(5) The amount of any fine (ammenda) shall be due to the Council of the locality where the contravention occurs and shall be paid to the Executive Secretary.
(6) The Minister may by order in the Gazette direct that the provisions of subarticles (2), (3), (4) and (5) shall apply to one
or more of the offences listed in the Schedule to the Commissioners for Justice Act and whenever any such order is made prosecution in relation to such infringements shall be conducted by the Executive Secretary before
the Commissioner for Justice who shall sit in the administrative offices of the Council concerned or in any other place as designated
under subarticle (3).
Cap. 291.
36A. (1) Subject to the provisions of this article, Part V of the Referend a Act shall appl y to any b y e-law made b y any Lo cal Council under the provisions of this Act.
(2) The provisions of Part V of the Referenda Act shall, for the purposes of this article, be applicable as follows:
(a) article 14 thereof shall apply as if the reference therein to ten per cent of the total number of persons registered
as voters in subarticle (1) thereof were a reference to ten per cent of the total number of persons registered as voters in elections
for local councillors for the locality which has made the bye-law to which the declaration applies;
(b) article 15 thereof shall apply as if the reference in subarticle (1) thereof to the electoral district wherein the voter
is registered were a reference to a locality for the election of whose local councillors the voter is registered;
(c) article 16 thereof shall apply -
(i) as if the reference to any person registered as a voter for the election of members of the House of Representatives in subarticle
(1) thereof were a reference to any person registered as a voter for the election of local councillors for the Local Council of the
locality making the relative bye- law;
(ii) as if the reference in subarticle (1) of article 14 of the Referenda Act in paragraph (a) of subarticle (1) thereof were a reference to that sub-article as applicable in accordance with paragraph (a) hereof;
(iii) as if the reference to the Constitution and the European Convention Act in paragraph (c) of subarticle (1) thereof were also a reference to this Act; and
(iv) as if subarticle (3) thereof required service of any application also on the mayor of the Local Council making the
bye-law, which service shall, for the purposes of subarticle (5) thereof, be made at the office of the relative Local
Council; and
(d) paragraph (b) of subarticle (1) of article 19 shall not apply.
Abrogative referenda. Added by: VIII. 1996.10. Cap. 237.
Cap. 237.
Cap. 237.
Cap. 319.
other Councils. Amended by: XXI.1999.19; XVI. 2009.22; V. 2011.25.
their functions jointly and they may also arrange for the discharge of these functions by a joint committee of theirs or by an officer
of one of them.
(2) Local Councils having an arrangement as provided in subarticle (1) may meet in joint session to discuss the discharge
of the functions to which the arrangement relates and all councillors shall be entitled to participate and vote where required unless
the arrangement otherwise provides.
(3) Local Councils shall form part of an association recognised as such by the Government for the protection and promotion of
t h eir co mm on in terest s as wel l as belo ng to int e rn atio nal associations of local government authorities.
Regional Committees. Added by:
V. 2011.26.
Eleventh Schedule.
(2) (a) Each Regional Committee shall be chaired by a Chairman to be elected from among all Councillors of the localities forming
that Region.
(b) Each Local Council forming part of that Region shall appoint its representative to form part of the Regional Committee.
(c) The Regional Deputy Chairman shall be appointed from among the members of the Regional Committee as appointed by the Local
Councils.
(3) The Regional Committee shall appoint a person to act as Exe c utive Secretary to the sa me committee from among those persons
forming part of the pool mentioned in article 49.
(4) Any change of a locality from one region to another may be made by the Minister after consultation with the Local Councils
Association and shal l be ef fected after consi d ering th e geographical aspect, the total population in each region and
the number of Local Councils in each region.
(5)The functions o f Regiona l Committees shall b e th ose established by the Minister by regulations to be made following consultation
with the Local Councils Association.
(6) The Regional Committees may also make bye-laws according to articles 34, 35, 36 and 36A which shall mutati s mutandis apply to the making of such bye-laws.
(7) The Regional Committees shall be appointed for such time as the Minister may by order establish.
(8) The Minister may also by regulations establish the practice and procedure relating to the working of the Regional Committees.
Right of Local Councils to a judicial remedy.
Provided that no Councillor or any Council employee, or any company in which such Councillor or employee has a majority sh ar eh old
i n g o r con t ro lli ng in terest, sh al l t e nder or su bmi t quotations for any works, goods or services or for the transfer
of any land for which a call for tenders or quotations has been issued by the Council of which he is such a member or employee:
Provided further that with the approval of the Minister, a Lo cal C oun cil may m a ke arran g em ents wit h an y p ubl ic bod y,
government department or other Local Council, for -
(a) the supply by one party to the other of any goods;
(b) the provision by one party to the other of any administrative, professional or technical services;
(c) the use by one party of any vehicle, plant or apparatus belonging to the other and the placing at the disposal of the first-mentioned
party of the services of any person employed in connection with the vehicle, plant or apparatus in question; and
(d) the provision or maintenance by one party of any works, facility, amenity, equipment or thing for the provision
or maintenance of which the other is responsible,
on such terms as may be agreed and provided that such agreement may not be for longer than three months which period shall not be
renewable:
Provided also that if the value of such provision or use of such goods or services does not exceed two hundred and fifty euro (€250),
in any one month or such other amount as the Minister may by Order prescribe, the approval of the Minister shall no t be required.
Competition. Amended by: XXI. 1999.20;
L.N. 425 of 2007; XVI. 2009.23.
(a) a brief description of the work;
(b) a statement that during a period specified in the notice any person may inspect a detailed specification of the work free of charge
at a place and time specified in the
Works contracts: restrictions. Amended by: XXI. 1999.21; XVI. 2009.24.
notice;
(c) a statement of the period during which the work is to be carried out;
(d) a statement that during that period any person will be supplied with a copy of the detailed specifications on request and on
payment of such charge as is specified in the notice;
(e) a statement that any person who may wish to carry out the work should notify the Council of that fact within a period specified
in the notice;
(f) the date and place when all the tenders shall be opened in public; and
(g) in the case of a transfer of any land, a description thereof including its location, extent and any
restriction that may be made as to its use, as well as any condition to which the transfer may be subject.
(2) The Council shall:
(a) make available to any interested person, copies of all tenders submitted and accompanying documents at a reasonable price;
(b) appoint a date and place when it will hear submissions from any interested person on all or any of the tenders submitted;
(c) publish its decisions together with the reasons thereof and provide to any interested person a copy thereof at a reasonable price.
Co-financed projects by the European Union. Repealed by: XXI. 1999.22. Added by:
XVI. 2009.25.
Arrangements for the supply of goods and services or interchange of
staff.
Standing Orders. Amended by: XVI. 2009.26.
Standing Orders in the Sixth Schedule.
(2) Council meetings shall be held at least once a month as long as this period does not exceed five consecutive weeks or at any
other shorter intervals as the Council may decide.
(3) Unless otherwise determined by the unanimous decision of the Councillors, meetings of th e Local Councils shall no t start
before 5.30 p.m. and later than 7.30 p.m. and shall not last for more than three hours.
Admission of public to meetings.
of this Act be treated as forming part of the proceedings of the
Council at the meeting.
(3) Nothing in this article or in article 46 shall affect or derogate from any power of excluding persons from a meeting
for the pu rpose of suppressing or preventing disorderly conduct or other misbehaviour at, or disturbance of, the meeting.
(a) a copy of the agenda and accompanying documents, directly related to the agenda as circulated to members of the Council; and
(b) such further statements or particulars and copies of such other documents as are necessary to indicate the nature of any
item included in the copy of the agenda so supplied; and
(c) a copy of any document pertaining to the Local Council and any publication issued by or on behalf of the Council; and
(d) the agenda of the meeting shall be received by the Councillors at least five working days before the meeting.
Information to be given as to meetings. Amended by:
XXI. 1999.23; XVI. 2009.27.
(2) Committees established under subarticle (1) shall consist of a chairman from among the c ounci ll or s and n ot l ess th an
th r ee p e rsons and no t more than ei ght p e rsons who need n o t be councillors.
(3) Committees shall remain in office until they are dissolved by the Council or until the term of office of the Council expires.
(4) Members of committees shall not be entitled to any wage, salary or attendance allowances.
(5) The meetings of committees shall be recorded as minutes of the Council and shall be kept in the custody of the Council.
Facilities for media representatives. Amended by:
XVI. 2009.28.
Committees of Councils. Amended by: XXI. 1999.24; XVI. 2009.29.
(2) The Minister may add or subtract from the list of
Communities. Added by: XXI. 1999.25. Amended by: XVI. 2003.24.
Substituted by: XVI. 2009.30.
communities listed in the Ninth Schedule according to procedures established in subarticles (3) and (4).
(3) The Minister may from time to time after consulting the Local Council of the localitydeclare an area within the locality as
a comm unity for the purposes of the law an d accordingl y such community shall be added by regulations to the Ninth Schedule.
(4) The residents of any area not included in the Ninth Schedule m a y m a ke a req u est to t h eir Local Council for
the inclusion of such zone in the Ninth Schedule. The Council shall, within one month from the receipt of the request, discuss it
and make its recommendation to the Minister who shall, within two months from the receipt of the Council’s recommendation, take
a decision on the request.
(5) Every community listed in the Ninth Schedule shall have an Administrative Committee elected in an election for the purpose
held among th e resident s regist er ed in th at commu nit y. Th e election for the appointment of an Administrative Committee shall
be held in accordance with regulations made by the Minister.
(6) The Administrative Ccommittee shall be composed of five persons w ho sh all ser v e for a per i od of f our years. In it s
first meeting the Committee shall appoint a Chairperson from amongst the five elected persons.
(7) The Chairperson of the Administrative Committee shall have the right to attend the Council meetings and take part in
the discussions but shall not be entitled to participate in the decisions.
(8) The Executive Secretary of the Local Council shall be the Executive Secretary of the Administrative Committee and shall also
be responsible for the financial managem ent thereof. The Mayor of the locality or a representative of the Council nominated by the
Local Council for this purpose shall have the right to attend and participate in Administrative Committee meetings.
(9) The Administrative Committee shall be given a financial allocation which shall be part of the Local Council allocation and
this shall be computed on the basis of the same funding formula, for the Local Council, found in the Eighth Schedule. Any decision
on the use of these funds shall be implemented after ratification by the Local Council of the locality. The Administrative Committee
shall also be entitle d to apply for European Union funds and to obtain financing from special funds and other funds to carry out
initiatives and projects in its zone.
Council premises.
Amended by:
XII. 2002.4;
XVI. 2009.31.
(2) The administrative offices of the Council shall be open to the pub lic on all working days in cluding Saturday and during
normal office hours.
(3) Any meetings of the Council shall be held at the Council’s administrative offices:
be determined by the Minister.
PART V
Officers and Employees
(2) The appointment of the Executive Secretary shall be made by the Local Council following the approval of the Minister which
nomination would have been made under the following subarticle.
(3) The Executive Secretary shall be a public service official chosen from a pool of persons for this purpose.
(4) Where a Council refuses or fails to appoint an Executive Secretary or Deputy Executive Secretary, the Minister shall appoint
an acting Executive Secretary or acting Deputy Executive Secretary respectively from the same pool.
(5) The Minister may remove or transfer an Executive Se creta r y from one Council to another in accordance with
the provisions of subarticle (6) as well as keep a limited number of add iti onal Ex ecut ive Secr et ari e s f r om a p ool of
Ex ecut ive Secretar ies in the Department so that these m ay fill any vacant posts that may arise from time to time.
(6) An Executive Secretary may be removed or transferred from one Council to another by the Minister as follows:
(a) at the request of the Council after a motion has been put forward stating the reasons for his removal and after approval by
the Council;
(b) at the request of the Executive Secretary himself providing the reasons why he wants to terminate his office within the
Council;
(c) at the request of the Department for Local Government following shortcomings shown in the auditors’ report or following
investigations carried out by the Department, it results that the Executive Secretary has committed any abuse or permitted
the commission of abusive practices and contraventions of the law and of local council regulations:
Provided that in each case the Minister may take such necessary action as he deems fit so that each party can present its
case before taking any final decision:
Provided further that in each case removal from office or the transfer of an Executive Secretary shall not preclude the taking of
disciplinary action under the Public Administration Act.
Appointment of Executive Secretary. Amended by: XXI. 1999.3;
I. 2005.16; XVI. 2009.32.
Cap. 497.
Appointment of deputy Executive Secretary. Amended by: XXI.1999.3, 26.
Full-time or part- time Executive Secretary. Amended by:
XIII. 1996.27; XXI. 1999.3.
to the Council in writing of any instance where he is unable to act.
(2) In any other case, an Executive Secretary may be appointed on a part-time basis.
Functions of Executive Secretary. Amended by: XXI. 1999.3, 27; I. 2005.17;
XVI. 2009.33.
(2) Without prejudice to any provision of this Act, the
Executive Secretary shall -
(a) issue all notices, prepare the agenda in consultation with the Mayor and attend all meetings;
(b) draw up and sign the minutes of Council and committee meetings:
Provided that the Executive Secretary may nominate and the Council may approve, another person to act instead
of the Executive Secretary in relation to any committee appointed by the Council;
(c) submit a detailed annual administrative report to the Mayor who shall submit it to the Council for its approval;
(d) cause to be submitted to the Council estimates of the income and expenditure of the Council during the next following financial
year;
(e) carry out any other administrative duties as may be detailed by the Mayor, in accordance with policies decided and delegated
by the Council;
(f) issue all orders bearing an expense as approved by the
Council;
(g) execute the legitimate decisions of the Council and stop any activity or initiative planned by the Council and which is
in breach of the law, regulations, national or local strategies or policies, or any activity or initiative which has not
been approved by a Council decision.
Appointment and qualification of Council employees. Amended by: XXI.1999.3, 28; XII. 2002.5;
XVI. 2009.34.
53.(1) (a) Subject to the provisions of article 110(6) of the Cons titut i o n , t h e Co u n ci l may ap po in t su ch ot her employees as the Counc i l thinks necess a ry for the efficient discharge of the
functions of the Council so however that a Council may not employ more than one person per two thousand five hundred residents, where
the residents of a locality shall have the same meaning as the population of a locality:
Provided that where the population of a locality is less than two thousand five hundred, the Council may employ a person on
a part-time or full-time basis:
Provided further that a Council which in terms of this
article can only employ one persons, may, notwithstanding the provisions of this article, employ one other person.
(b) The Department for Local Government may, after receiving a justified request from any Local Council, and after obtaining
the approval of the Minister, authorise such Local Council to employ clerical personnel in excess of the limit
established by law.
(c) The Council shall not purchase any clerical services.
(2) The Minister may, by regulations, and after consultation with the Association prescribe the qualifications to be possessed
by, the remuneration payable to and the technical administrative and office procedures to be followed by -
(a) any person appointed to the office of Executive Secretary or Deputy Executive Secretary of a Council; and
(b) any person appointed to such other post as may be prescribed.
(3) The removal from office, suspension or re-instatement, or any withholding of the remuneration, of the Executive Secretary of
a Council and of any other employees for whom qualifications are prescribed under subarticle (2) shall be subject to the approval
of the Minister:
Provided that such removal, suspension or withholding shall only become effective from such date as may be determined by the
Minister.
(4) A Council shall not, without the approval of the Minister, remove from office or suspend, or withhold the remuneration of an
Acting Executive Secretary appointed by the Minister under article
49(4).
(5) Employees of the Council shall be appointed for a period of three years and their contract may be renewed for successive three
year periods under such terms and conditions as may be prescribed under subarticle (2).
(6) Unless there is a court order to the contrary, information relating to a particular employee or office-holder, former employee
or former of fice-hold e r, or jo b applicant shall be treated as confidential and shall not be made available to persons other than
the members of the Council, members of staff as delegated by the Executive Secretary, the Minister in the exercise of his functions
under this Act and the individual concerned.
54. For the avoidance of doubt it is hereby declared that for superannuation purposes service rendered by a public officer with respect
to whose temporary transfer arrangements are in force is service rendered to the depa rtment by whic h he was employed before the
transfer and he shall not forfeit any pension, gratuity or benefit under the Pensions Ordinance and the Wid o w s ’ a n d Orphans’ Pensions Act.
Status of public officers detailed on duty with Local Councils.
Cap. 93. Cap. 58.
PART VI
Financial allocation to Councils. Amended by: XII. 2002.6; XVI. 2009.35.
Annual Budget. Amended by: XXI.1999.29; XII. 2002.7.
Finance
(2) The amount appropriated shall be allocated by the Minister to each Council on the basis of the formula determined in terms
of the Eighth Schedule to this Act.
(3) In allocating the appropriated amount to a Council, the Minister may retain any portion of such amount if he deems
it to be necessary to effect such retention in order to ensure:
(a) the redress of any negative balance or any balance below the benchmarks established by the regulations made under article 67;
(b) the production of copies of minutes of Council, and Finance Committee within three working days after their approval;
(c) the production of copies of any financial statement or document the submission of which is determined by the Act;
(d) the production at all times of the documents that may be demanded in terms of article 64;
(e) the Local Council shall pay the penalty which shall be established by regulations whenever without a valid reason it does
not submit the financial declarations and the reply to a management letter within the stipulated time. Such penalty will be deducted
from the financial allocation of the Local Council and will not be refunded when the aforesaid documents are filed:
Provided that the retention and, or release of any monies in connection with paragraph (a) shall be governed by regulations made under article 67:
Provided further that for the purposes of paragraphs (b), (c) and (d), the amount provisionally retained shall not exceed during any financial year, 1% of the financial allocation for that year and
that the monies shall only be retained following persistent breaches by a Council.
(4) The Minister responsible for finance may each year allocate a fund to co mpensa te for the cofinanc ing of European
Union projects.
(2) Not later than fifteen days following the two month period
referred to in subarticle (1) and not later than the fifteenth day of February in any financial year or not later than fifteen days
from the date estimates of income and expenditure are submitted to the Council, a Council:
(a) shall consider the estimates for the next following financial year;
(b) may revise the estimates in such manner as the Council thinks fit;
(c) shall approve the estimates, subject to any revision under paragraph (b).
(3) The estimates so approved shall not later than three months from the date of its first election and not later than the last
day of March in any calendar year or not later than thirty days from the date of approval be sent to the Minister.
(2) The Council shall revise or confirm the three year plan every year during its discussion on its annual budget.
(3) Copies of business and financial plans and revisions thereof, shall be fo rwarded by the Executi ve Se cretary to
the Minister and to the Minister responsible for finance within two weeks of their approval by the Council.
Method of supply of funds for ordinary administration. Amended by:
XXI. 1999.3, 30.
Method of supply of funds for special needs.|
Substituted by: XVI. 2009.36.
Three-year business and financial plan. Amended by: XXI.1999.3.
Provided that such schemes shall be instituted by bye-laws.
Councils may raise additional funds.
Provided that where the Council requires authorisation for the approval of any works the co st of which exceeds the value mentioned in this article, it shall, through the Executive Secretary, make the necessary request in writing to the Minister, indicating the amount of net surplus funds resulting from previous years in terms of article 62(3) and from other funds generated by the same
Payments in excess of voted funds. Amended by: XXI.1999.3;
XII. 2002.8.
Council. The Minister shall, with the concurrence of the Minister responsible for finance, have the power to issue such authority in accordance with the provisions of this Act.
Approval of supplementary funds. Amended by: XXI.1999.3.
(2) Where Councils receive a supplementary provision in terms of su ba rti c le (1 ), th e Exe c u t i v e Se cr et ar y s h al
l p r e p a r e th e necessary supplementary estimates.
(3) Any monies declared to be a surplus in any financial year sh all not be set o f f against th e sum being v o ted
in th e Appropriation Act for the next financial year.
Limitation on investments and donations. Amended by: XXI.1999.31; XII. 2002.9.
No donationb by
Councils.
Added by:
XII. 2002.10.
Amended by:
L.N. 425 of 2007.
Substituted by:
XVI. 2009.37.
Minister may order production of books of accounts and other documents. Amended by:
XXI. 1999.3.
Appointment of local government auditors. Amended by;
XVI. 1997.8; XII. 2002.11;
I. 2005.18.
Cap. 281.
Council is prohibited.
(2) A person shall not be qualified for appointment as a local government auditor unless he is an individual who holds a warrant
to act as auditor issued under the Accountancy Profession Act, or is a partnership of auditors duly registered under the said Act and -
(a) in the case of an individual, he is not -
(i) a councillor of the locality whose books he is auditing; or
(ii) in the employment of the Council of the locality he is auditing; or
(iii) related by consanguinity or affinity in the direct line, or, up to the third degree, in the collateral
line, to any councillor of that locality;
(b) in the case of a partnership, the partners between them possess the necessary qualifications according to article 10
of the Accountancy Profession Act.
(3) In the exercise of their duties local government auditors shall have access to all books, records, returns and other documents
relating to the accounts of Local Councils and may require any person holding or accountable for any such books or documents to
appear before them at the audit.
(4) The Auditor General may appoint, either temporarily or otherwise, persons to assist lo cal governm e nt audit o rs
in the performance of their duties.
(5) The remuneration and expenses of local government au ditors, inclu d ing the rem uneration and expenses of persons
appointed to assist local government auditors, to such amount as is sanctioned by the Auditor General, shall be paid out of the annual
provision made available to the Auditor General.
(6) Local government auditors shall submit their reports not later than the end of June of each year to the Auditor General who
shall forthwith transmit copies of those reports to the Minister, to the Director and to the respective Council. A copy of this
report shall be laid on the Table of the House by the Minister within six weeks after receipt thereof by him.
Cap. 281.
(2) In addition to duties specified in terms of or under this Act, local government auditors are required to satisfy themselves that a Local Coun ci l has made prop er arrangem e n t s for securing economy, efficiency and effectiveness.
Additional auditing responsibilities. Amended by:
XVI. 2009.38.
68. The provisions of this Part of the Act shall not prejudice the power given to Parliament to provide for the establishment of a Contingencies Fund and for authorising the Minister responsible f o r fi nan c e t o make advances fr om th e Fund in ur gent an d unforeseen cases in accordance with article 105 of the Constitution of Malta.
Regulations by Minister responsible for finance.
Powers of Minister responsible for finance under the Constitution.
PART VII
Appropriation of monies required to hold Council Elections.
Miscellaneous
(2) A statement of the expenses so paid shall, so soon as practicable, be laid on the Table of the House of Representatives.
Locality Meeting.
Amended by:
XXI. 1999.3, 32;
XVI. 2009.39.
(2) The locality meeting shall be held at such place as the Council may determine and which is as much as possible accessible
to all persons, including such persons who use a wheel-chair. A notice for suc h meeting shall be pu bl i s he d on ce i n al l
d a il y newspapers, and broadcast once on all national radios.
(3) The Mayor assisted by the Executive Secretary shall ensure that the agenda discussed at t h e annual locality meeting shall
include an administrative report on the performance of the Council during the previous year and the business plan for the following
year.
(4) The Mayor shall be the Chairman at such meeting and the Executive Secretary shall keep a record of the proceedings of the
meeting including any complaints or suggestions made during that meeting. The minutes of such meeting shall be discussed by the
Council during the first Council meeting following the locality meeting and the Council shall take action upon any such complaints
and suggestions as it may consider fit.
(5) The provisions of article 43(3) shall apply mutatis mutandis
to the locality meetings.
Public consultation.
Provided that a petition requesting such consultation has been signed by at least one-fifth of the electors listed as voters for that locality in the last Local Councils’ Electoral Register where the population of registered voters is of 3,000 or more, or by at l eas t on e- f o u r th of th e sai d electors where the population of registered voters is less than 3,000.
(2) Without prejudice to the generality of the foregoing, the Minister may in particular by regulations amend the First Schedule
subject to the provisions of article 74, and from the Fourth to the Tenth Schedule inclusive and any forms set out therein.
(3) The Minister may also, in addition to such regulations make or authorise the making of such forms, procedures, guidelines and
directions as he may deem necessary or expedient, in relation to any function vested in or delegated to local councils by or under
this Act, so as to secure a uniform level of operation, including the engagement of the services of local wardens and the procurement
of other services and goods, or to establish minimum standards or to provide for such other matter as may be ancillary or incidental
to the exercise of such functions.
(4) The Minister may also, after consulting the Local Councils Association, make regulations providing for the representation of
Maltese Local Councillors on the Com mittee of Reg ions of the European Union and on any other international forum or institution
requiring representation of local Councillors.
Power of Minister to make regulations. Amended by:
XIII. 1996.27; XXI. 1999.33;
XVI. 2003.24; III. 2004.10;
I. 2005.19.
Publication of population by locality.
74. (1) The Council shall be vested with the ownership of the Coat of Arms but bona fide local associations may use the Coat of Arm s o f thei r local ity pr ov ided that such use is not for a commercial purpose.
(2) Local Councils shall have the right to petition the Minister for changes in the design of the coat-of-arms after a resolution
to that effect has been carried by a two-thirds majority of the Council and the Minister shall consider such request.
(3) The Minister shall thereupon appoint an ad hoc committee of three persons, one from th e Local Council concerned, one representing the Minister and an expert in heraldry to advise
him on the proposed changes. The Minister ’s decision shall be final.
(4) Localities which are historically known as cities shall be distinguished as such by a distinctive mark in their coat-of-arms
as shown in the First Schedule:
Provided that a Council of such a locality may apply to the Minister for approval to use a motto. An approved motto shall be published
by notice in the Gazette.
(5) Localities may display a square flag showing their coat-of arms or some other design approved by the Minister.
Coats-of-arms. Amended by: XXI.1999.34.
Seals.
Amended by:
L.N. 425 of 2007.
(2) Any person making unauthorised use of the seal shall commit a n offenc e and shall be l i ab le on con v i c ti o n
to a fi n e (ammenda) of one hundred and sixteen euro and forty-seven cents (€116.47):
Provided that the Minister may, from time to time, by notice in the Gazette specify h i gher pe nalties which in no case shall exceed
a fine (ammenda) of two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37).
Councils may adopt historical names.
Councils not to have broadcasting facilities.
Cap. 350.
(2) For the purposes of subarticle (1), "broadcast" has the same meaning assigned to it by article 2 of the Broadcasting Act.
Publication of the First, Second and Ninth Schedules. Amended by: XXI.1999.35;
XVI. 2003.24.
Twinning. Added by: XXI. 1999.36. Amended by: I. 2005.20; XVI. 2009.40.
Provided that any twinning between a city, town or village and another locality in any other country shall require the approval of
the Minister which shall be given after the Association has given the Minister its opinion on such proposed twinning.
(2) The Minister may make regulations to regulate twinning agreements between Local Councils.
Functions of the
Director.
Added by:
XXI. 1999.36.
Amended by:
XVI. 2009.41.
(a) facilitate the effective and efficient functioning of Local Councils in full respect of the autonomy granted to Local Councils
by this Act;
(b) assist the Minister in carrying out the functions assigned to him by this Act and for such purpose to issue forms,
procedures, guidelines, directions or other instruments as may be necessary;
(c) perform such other functions, not being incompatible with the autonomy granted to Local Councils by this Act, as the Minister
may from time to time direct;
(d) manage the Department for Local Government and ensure that the necessary support is given to Local Councils by the
Department; and
(e) ensure that the Department provides training for
Councillors and for Local Council employees.
When a Council fails to conduct a function.
Added by: XVI. 2009.42.
FIRST SCHEDULE*
(Article 74)
Coat of Arms
SECOND SCHEDULE*
(Article 2)
Localities and their Boundaries
Amended by:
L.N. 170 of 1995;
L.N. 28 of 1996;
L.N. 97 of 1996;
L.N. 205 of 1996;
L.N. 107 of 1997;
XXI. 1999.37;
L.N. 7 of 2001;
L.N. 158 of 2005;
L.N. 96 of 2007;
L.N. 28 of 2008;
XVI. 2009.43.
Amended by: L.N. 87 of 1998; XXI. 1999.38; XVI. 2009.44.
*See Maltese text.
Amended by: XXI. 1999.3, 41; XVI. 2003.24;
I. 2005.21;
L.N. 181 of 2006;
II. 2007.30;
XXI. 2007.8;
L.N. 425 of 2007.
THIRD SCHEDULE (Articles 5, 8, 9, 23)
Local Councils (Elections) Regulations, 1993
ARRANGEMENT OF REGULATIONS
Regulations | ||
PART I. | General Provisions | 1-6 |
PART II. | The Local Councils’ Electoral Register | 7-14 |
PART III. | Election Notice, Voting Documents and Ballot Papers | 15-21 |
PART IV. | Nomination of Candidates | 22-25 |
PART V. | Assistant Commissioners | 26-29 |
PART VI. | Voting | 30-47 |
PART VII. | Voting in Retirement Homes | 48-52 |
PART VIII. | Counting of Votes | 53-62 |
PART IX. | Ballot Paper Account Reconciliation | 63-71 |
PART X. | Counting and Sorting of Votes | 72-87 |
PART XI. | Casual Vacancies | 88-92 |
PART XII. | Illegal Practices | 93-103 |
PART XIII. | Corrupt Practices | 104-108 |
PART XIV. | Excuse for Corrupt and Illegal Practices | 109-111 |
PART XV. | Grounds for Avoiding Elections | 112-113 |
PART XVI. | Publication of Results in each Locality | 114-116 |
PART XVII. | Penal Provisions | 117-122 |
PART XVIII. | Saving as to Right of Political Parties | 123-124 |
SCHEDULES
FIRST SCHEDULE Form of Oath of Office to be taken by the Electoral
Commissioners
SECOND SCHEDULE Form of Application for a Person who is not a Citizen of Malta for Registration as a Voter for Local Councils
THIRD SCHEDULE Form of Corrections or Transfers (Local Councils) for a
Person who is not a Citizen of Malta
FOURTH SCHEDULE Form of Application for a Person who is not a Citizen of Malta for the Correction of Designation or Address (Local Councils)
FIFTH SCHEDULE Form of Application by Female Electors who are not Citizens of Malta for the C o rrection of Surname and Add r ess in consequence of Marriage (Local Councils)
SIXTH SCHEDULE Form of Notice by the Electoral Commission
SEVENTH SCHEDULE Form of Voting Document
EIGHTH SCHEDULE Form of Ballot Paper
NINTH SCHEDULE Form of Nomination Paper
TENTH SCHEDULE Form of Oath to be taken by Principal Assistant Electoral
Commissioners and Assistant Electoral Commissioners
ELEVENTH SCHEDULE Form of Oath which an Assistant Commissioner may administer to a Voter
TWELFTH SCHEDULE Declaration of Result of Poll
THIRTEENTH SCHEDULE Return of Election Expenses
FOURTEENTH SCHEDULEForm to be affixed in each Polling Booth
PART I
General Provisions
Short Title. 1. These regulations may be cited as the Local Councils
(Elections) Regulations, 1993.
Interpretation. 2. (1) In these regulations, unless the context otherwise requires:
"Act" means the Local Councils Act;
"Commission" shall mean the Electoral Commission established by article 60 of the Constitution;
"election" means an election for Local Councils;
"Electoral Office" me ans the Electoral Office e stablishe d by
Cap. 354.
Cap. 258. Cap. 363.
article 11(1) of the General Elections Act;
"House" means the House of Representatives established by the
Constitution;
"identity card" means a document which is an identity card for the purposes of the Identity Card Act;
"Local Council" shall mean the Local Councils established by the Local Councils Act;
"p oli tical p arty " shal l, for th e pu rp oses on ly of regul atio n 6 , mean any person or group of persons who, having
contested the gen er al electio ns for mem bers of the House of Representatives u nder one nam e , is rep r esented in th e Hou
s e by at least one m ember, and in all other cases "political par ty" shall mean any person or any group of persons contesting
the election of a Local C ou nci l as on e grou p be ari n g th e sa me n am e p r ov id ed t hat t he rights and obligations of
such party shall be limited to the election of the Local Council for which such party is contesting;
"polling booth" means the room wherein voters attend on the day of the poll to receive and mark a ballot paper and insert
the same in a ballot box;
"polling place" means the school, building or other complex or structure wherein one or more polling booths are situated
and shall include the grounds, if any, of such complex or structure;
"voting document" means the voting document which is to be forwarded to voters in terms of regulation 17.
(2) Whenever by these regulations a penalty is attached to the performance of any act "before, during or after", an election,
no account shall be taken of anything done earlier than:
(a) in the case of any election held in consequence of the dissolution of the Local Council in terms of article 22 of the Act, the
issue of the notice setting the date of the election;
(b) in the case of any election held in consequence of the expiry of the term of the Local Council in terms of article 8 of the Act,
three months before the date of such expiry.
(2) Where the first day prescribed for any procedure falls on a Sunday or other public holiday then such period shall commence
to run on the first working day following such Sunday or other public holiday.
(3) When the last day prescribed for any procedure falls on a Sunday or other public holiday then such period shall end on the
first working day following such Sunday or public holiday and the date of the commencement of any subsequent period which is timed
to run from such period shall be deferred accordingly.
Extension of periods of time.
(2) In the execution of their duties under these regulations, the commissi oners shall have the powers conferred by l a w o n the Courts of Magistrates for the purpose of enforcing order at their sittings and ensuring the respect due to them.
Oath to be taken by commissioners.
Powers of commissioners.
(2) Party delegates shall represent the political party nominating them with the Commission and shall have the
right in general to be inform ed of all sittings of the Commission and decisions taken thereat.
(3) The party delegates shall notwithstanding the provisions of any other law, have full and free right of access to the Electoral
Office, to all records kept therein and to check, verify and obtain any in fo rm at io n reg a rd in g the wo rk o f th e Ele c
to ral O f f i ce; provided that the Commission shall have the right to nominate an official of the Commission to accompany such
delega tes at all times.
(4) The party delegates shall continue in office until removed by the political party nominating them.
(5) Party delegates shall have the right to seek and obtain from the commissioners as well as from any other official connected
with the running, supervising or security of the elections or of any aspect thereof, information showing whether or not such persons
are taking adequate measures to co mp ly wi th the provi sion s of these regulations in the forthcoming elections, and the
Party Delegates.
commissioners or such other persons shall, notwithstanding any other law or regulation , be bound to furn ish su ch i n format ion
immediately.
(6) Notwithstanding any provision in these regulations granting party delegates and political parties the right to seek and obtain
information or their right to be given copies of documents and lists by the Commission or by government departments, such right shall
not include the right of access to medical records or to adoption records of voters and the right to be made aware prior to the day
of th e po ll o f s e c u r i t y f e at ur es re lat i ng t o ball ot p a pers, vo tin g documents and the official mark used by
the Commission on ballot papers. Where the information, documents or lists are of a co nfi d enti al natu re th e party delegates
shall have t h e same obligations as to secrecy as th e person from whom such information, documents or lists are obtained.
(7) Party delegates shall have the right to ask that information, documents and lists which the Commission should forward to them,
be forwarded in such electro-magnetic format as the Commission can reasonably supply through the use of its equipment.
PART II
The Local Councils’ Electoral Register
Regulations 7 to 14 were revoked by Act XXI.1999.41
PART III
Election Notices, Voting Documents and Ballot Papers
Election Notice. 15. (1) Whenever an election is to be held, the Electoral Commission shall issue a Notice, hereinafter referred to as "the Notice" in the form set out in the Sixth Schedule.
(2) The Commission shall issue such Notice at least thirty-five days before the day fixed for the election and shall cause it to be published in the Gazette.
Notice to be published by commissioners.
Cap. 354.
(a) the place where, and date and time when, the commissioners will be in attendance to receive nominations
of candidates for election as councillors, and any objections to such nominations, such place being referred to in the General
Elections Act as the Electoral Office. The time during which nominations of candidates for election may be made shall be three days and shall not
commence to run before six days from the date of the publication of the notice referred to in this regulation, and the time
during which objections to such nominations may be made shall be two days from the expiration of the time fixed for the
receipt of nominations;
(b) the places where, and the days and hours when voting shall be held. Voting shall not take place before the expiration of
three days from the date of the publication of the notice referred to in regulation
24(3);
(c) the place to which the ballot boxes shall be taken by the assistant commissioners after the close of voting, which shall also
be the place where the Commission shall store the ballot boxes and count the votes cast, such place being, as far as practicable,
in the locality itself and, if possible, the place used as the polling place or one of the polling places in that locality;
(d) the date and time when the ballot boxes shall be opened and the counting of votes shall take place.
Provided that wherever the Commission is satisfied that a p e r s o n w hose name appears on th e Lo cal Co uncils’ Electo ral
Register is d ead , t h e relative votin g docum ent shal l not be forwarded, and where such voting document has been forwarded
the Commission shall withdraw it:
Provided further that the Commission shall not forward a voting document to any voter in respect of whom the Commission does not possess
a photograph, and in respect of such voters the Commission shall follow the following procedure:
(i) within five days of the publication of the Notice, the Commission shall publish in the Gazette a list of the said
voters stating their name, surname, place of residence and identity card number;
(ii) the names of such voters shall not be published in the list mentioned in subregulation (5);
(iii) the voting document of such voters shall only be issued if the voter satisfies the requirements of regulation 18 and shall
be in accordance with the provisions of that regulation.
(2) The political parties shall be granted all reasonable facilities to watch the printing of all voting documents,
to check the exac tnes s there o f a n d generally to ensure t h at on ly v o tin g documents of voters entitled to receive them
are printed.
(3) The voting documents printed in accordance with the
Voting document.
Amended by:
I. 2005.21.
previous paragraph of this regulation shall, until such time as they are forwarded to voters, be kept in boxes sealed with the seal
of the Commission. The party delegates shall have the right to affix their own seals to such boxes and to be present whenever such
seals are broken. This regulati on shall mutatis mutand is also apply wi th regard to th e vo ting documents wh ich remain undistributed, in terms of subregulation (4), when voting documents
are issued in terms of subregulation (6 ), and to the voting documents which remain undistributed.
(4) The voting document shall be served on each voter by registered post so however that in urgent or exceptional cases,
the Electoral Commission may order that any or all voting documents shall be served by a police officer or any other person approved
for the purpose by the Commission.
(5) When the commissioners are unable to effect service of the document aforesaid they shall as soon as possible, and in no case
later than three days from the time established in subregulation (1), publish in the Gazette a list containing the names, identity
card number and addresses of the persons on whom the voting document has not been served, and shall state the reason why service
has not been effected.
(6) Any person on whom the voting document has not been served and whose name appears in the list published in accordance with
the preceding paragraph, may up to the Thursday immediately preceding the day of the voting, appear personally before one of the
commissioners or any other person delegated by them and claim delivery of the document:
Provided that the document aforesaid shall not be delivered to him unless he produces his identity card to the commissioners or the
person delegated by them.
(7) Any of the commissioners or other person delegated by th em may ex am in e o n oath an y perso n fo r th e pu rp ose
of ascertaining his identity and of establishing his claim to receive the document.
Special voting document.
(a) he proves his identity by the production of his identity card; and
(b) makes a declaration on oath before any such commissioner that he has not received the voting document or
that, after the receipt of such document, he has lost or destroyed it, and such further declarations on oath as
the commissioner may require,
he shall be given a voting document issued specially for the
purpose; and in any such case:
(i) the name of such person appearing on the list referred to in regulation 34(1) shall be marked "SPECIAL"; and
(ii) a list of all the persons to whom a voting document is issued under this paragraph shall be kept at the Electoral
Office and shall be open to inspection by any candidate, party agent or party delegate at all reasonable times until the poll
closes.
(2) Any political party shall have the right to nominate r e p r esen tativ es to be p r esen t d u ri ng th e issui n g of th e vot in g documents in terms of regulation 17(6) and regulation 18 and for this purpose the said parties shall be provided by the Commission with all such information as is required by them and as they may deem necessary for the better performance of their duties.
Number of voting documents.
(1A) The Commission shall not earlier than thirteen days but not later t h an t en days before t h e pol l print su ch num ber of
ballot papers as may be necessary for the poll in such form and on such material as may be provided for in this Act. Not later than
five days f r om th e pr int i n g o f the ball ot papers, th e Commi ssi o n shal l produce a Braille template for use as a guide
on the ballot paper as well as a playback listening device, by which a blind person may recognize the political parties and their
candidates in the same manner as they are printed, and such documents and materials shall be available for reasonable scrutiny by
the representatives of the political parties contesting the poll to ascertain the transparency of the procedure, which scrutiny shall
be exercised not later than three days before the poll. Should no objection be raised the materials shall be deemed to have been
approved by the Commission:
Provided that any objection raised by the political party representatives shall be decided upon by the Commission within twenty
four hours of it being raised and should the objection be
Ballot Paper. Amended by: XXI. 2007.8.
accepted by the Commission any alteration or amendment to the materials shall be made within twenty-four hours of the decision of
th e Comm issi on and co mm unicated to the po litical p a rty representatives.
(2) The Commission shall ensure as far as is practically possible that ballot papers are made of such security paper and
carry such markings as to ensure that they may not be duplicated, an d no t lat e r t h an t w o da ys p r ior to th e com m e nce
m en t of t h e voting, the Comm ission shall ca use to be published in t h e Government Gazette the number of ballot papers printed
for each elect o ral divi sio n an d the nu m b er t o be distribu ted to each individual polling booth.
(3) The ballot paper of each voter shall consist of a paper in the form set out in the Eighth Schedule, containing a list of candidates
described by t h e nam e (i ncl udin g any nickname), add r ess and profession or occupation as given in their respective nomination
paper and as approved by the electoral commissioners.
(4) Within each locality candidates shall be arranged by political party and, within each party group alphabetically in
the order of their surname. If there are two or more candidates of one party with the same surname, they will be arranged in order
of their other name or names.
(5) Every political party contesting the election shall provide the Commission with the names of the candidates contesting the
electi on in its own in terest in each locali ty. Su ch l i st sh all b e conclusive evidence as to whether a particular candidate
belongs to that political party.
(6) If supplied by the party to which he belongs, there may be printed on the ballot paper opposite the name of each candidate
b e lo ng in g to t h at p a rty an y ba dge o r dev i c e , ap prov ed by t h e Electo ral Comm ission, indicati ng the political
party, if any, to which the candidate belongs, or otherwise calculated to assist the identification of the candidate by the voter.
(7) Parties will be placed on the ballot paper in alphabetical order.
Distribution of
Ballot Papers.
(2) The Electoral Commission shall retain possession of all packets until the day of the poll when it shall deliver the
same to the assistant commissioners prior to the start of voting.
(3) Representatives of the political parties shall be granted all reasonable facilitie s to oversee the printing and checking
of all b al l ot papers, t h e pack ing thereof an d t h eir distribu tion to the assi st an t commiss i oners, and to affix their
seals to all pack et s prepared by the Electoral Commission for delivery to the assistant commissioners.
PART IV
Nomination of Candidates
in the notice referred to in regulation 16.
(2) Immediately after a nomination paper has been delivered to the Commission the name of the candidate shall be posted at the
entrance of the Electoral Office with an indication of the locality for which the candidate was nominated.
(3) Objections may be made to a nomination on the ground that the d e script ion of the can didat e is i n suff icient to iden
tify th e candidate, that the nomination paper does not comply with, or was not delivered in accordance with the provisions of
the Act or of these regulations or that the deposit prescribed by regulation 23 has not been paid:
Provided that no such objection may be made after the expiration of the time fixed for the making of such objection in the
notice referred to in regulation 16.
(4) Every objection shall be in writing and signed by the o b j ect or an d sh al l sp ecif y th e gr ou nd of t h e ob
j e ct i o n . The Commission itself may lodge an objection.
(5) The commissioners shall, not later than the day following the expiration of the time fixed for the receipt of objections, decide
on th e v a lid it y o f ever y ob ject io n and inform the candidate to whose nomination the objection relates or his lawful representative
of their decision and, if the objection is allowed, of the ground of their decision. The decision of the commissioners, if disallowing
an o b jecti on, shall be fin a l, but i f al lowin g an ob jectio n shal l be subject to appeal to the Court of Appeal by sworn
application filed in contestation with the commissioners not later than twenty-four hours after the Commission has communicated its
decision to the candi dates and th e Cou rt of A ppeal shall deal with such sworn application with the utmost urgency.
(6) For the purpose of this regulation, any voter may ask the commissioners to be allowed to see and examine any nomination paper
accepted by them.
Nomination of
Candidates.
Deposit by candidates at elections. Amended by:
L.N. 425 of 2007.
Provided that the Minister may, from time to time, by notice in the Gaze tte specify a higher am ou nt w h ich i n no case sh al l
exceed seven hundred euro (€700).
(2) If after the deposit is made the candidature is withdrawn in pursuance of the provisions of these regulations, the deposit
shall be returned to the person b y whom it was m a de; and if the candidate dies after the deposit is made and before the voting
has commenced, the deposit, if made by him, shall be returned to his heirs and if not made by him, shall be returned to the person
by whom it was made.
(3) If a candidate who has made the required deposit is not elected, and the number of votes polled by him does not exceed one-tenth
of the number of votes polled divided by the number of councillors to be elected for that locality, the amount deposited shal l be
for f eited and paid by the comm issioners into the Consolidated Fund but in any other case the amount shall be returned to the candidate,
where the candidate is elected, as soon as he has taken the oath as a councillor, and where the candidate is not elected, as soon
as practica ble after the result of the election is declared.
(4) For the purpose of this regulation the number of votes polled by a candidate shall be the highest number of votes
credited to him at any time during the counting of the votes.
Uncontested and contested elections.
(2) If the number of candidates nominated for a locality is less than that which the voters in that locality are entitled to return,
the Commission shall issue a new Notice for the election of councillors to fill the remaining vacant seats in that locality, and
if thereupon no further candidates are nominated, or if the number of candidates no min ated is less than the nu mber of vaca nt
seats, the se ats thereafter remaining vacant may be filled by the co-option of a councillor or councillors by the elected councillor
or councillors of the locality and the Commission shall not issue a new Notice in respect thereof. The councillor or councillors
so co-opted must have the qualifications established in article 11 of the Act.
(3) If more than such number of candidates as aforesaid be nominated for a locality, the commissioners shall cause a notice
to be published in the Government Gazette over their signature stating the names of the candidates and the locality for which they
have been nominated. No person whose name has not been published in the said notice may be elected as a councillor.
Withdrawal of candidature.
representative.
PART V
Assistant Commissioners
in w hich h e resides, or in a locali ty b order ing that in w hich h e resides or where he habitually works or exercises his profession
or calling.
(2) The assistant commissioners shall take the oath of office as set out in the Tenth Schedule, before one of the commissioners
and sha l l f o ll ow th e in st ru ct io n s w h i c h t h ey m a y r e c e iv e f r o m th e Electoral Commission for the discharge
of their duties.
Appointment of assistant commissioners.
(2) The Commission shall moreover itself nominate as assistant commissioners such number of persons as is necessary in order that
in each of the polling booths there be in attendance at all times at least one person nominated by the Commission to act as assistant
commissioner.
(3) In no case shall there be less than three assistant commissioners nominated to superv ise the poll in each
polling booth and should all or any of the political parties fail to nominate all or any assistant commissioners in terms of and
within the time es tab l i s h e d i n su br eg ul ati o n ( 1 ) , th e Co mm iss i o n sh al l it sel f nominate other assistant
commissioners in order to ensure that, at le ast, three a s s i s t ant commiss i one r s are in attendance in eac h polling booth.
(4) For the purpose of the time established in subregulation (1), the Commission shall not later than two days after the publication
of the Notice inform the parties of the number of assistant commissioners that each party will be required to nominate.
Nomination of assistant commissioners.
Disqualifications and publication of names of assistant commissioners.
(2) Within two days following the day mentioned in regulation
27(1) the Commission shall deliver to the political parties a list of all persons nominated to act as assistant commissioners indicating
their names, identity card numbers, addresses and occupation.
Objection to assistant commissioners.
(2) Where an objection is received by the Commission in terms of the preceding paragraph of this regulation, it shall, not later
than the next following day, call a m eeting of the party delegates to discuss such objections.
(3) Any objection made in accordance with the preceding paragraphs shall be determ ined by the Comm ission. The determination
by the Commission shall be final and binding on all concerned. Where after hearing such objections the Commission d e te rm i n es
th at a pe rso n no m i n a te d by a po li ti cal p a rty t o be appointed as an assistant commissioner shall not be so appointed,
the political party which had nominated that person shall have the right to nominate another person in his stead.
(4) The fresh nominations mentioned in the preceding paragraph of this regulation shall be made immediately after the
deter min at io n of all t h e o b j ectio ns: Th e ti mes m e n t i o n e d i n subregulations (1) and (2) sha ll apply to objections
to persons nominated as assistant commissioners in terms of subregulation (3), and if any objection is received and upheld by the
Commission, the Com missio n itself shall appo int another person to be assi stant commissioner in his stead and such appointment
shall be final and no objection may be made in respect thereof.
(5) Upon final determination of all objections the Commission shall assign the assistant commissioners to the various polling
booths; such distribution shall be made in such manner as to ensure
t h at in each poll i ng b ooth ther e is , at le ast, one a ssistant commissioner no minated by th e Commission and one assistant
commissioner nominated by each party contesting the election in that locality:
Provided that where a political party has not nominated a suf f icient n u m b er of persons to be appoint ed assistant commissioners,
the Commission shall only be required to assign, in respect of that political party, such assistant commissioners as have been nominated
by it and appointed assistant commissioners.
(6) The Commission shall, within two days of the final determination referred to in the preceding subregulation, cause
a li st to be published in the Gazette showi ng the name, address, identity ca rd number and o ccupation of each a s s i
sta n t commissioner appointed, the polling booths to which each has been assigned, and indicating the a ssistant commissi on er
s w h o ar e assigned but held in reserve.
(7) After the final distribution of all assistant commissioners
and up to the end of voting, the Commission alone shall have the right to substitute assistant commissioners and then only for grave
and sufficient reasons and in such manner as to ensure that where th e assist an t co m m i ssi on er su b s ti tu te d is on e no
m i n a t e d b y a political party, his substitute shall be a person nominated by the same party , p r ovid e d a suf f icient
numb e r of assi st an t commissioners have been nominated by that party.
PART VI
Voting
(2) The party agents so nominated shall have the right to be present in the polling booths prior to the start and at the close
of the poll for the purposes provided for in these regulations.
(3) Political parties exercising the right granted to them by subregulation (1) shall forward a list to the Commission
containing the names of the persons nominated by them as its agents not later t h an t h e day appoint ed for the n o minat
ion of assistan t commissioners in terms of regulation 27.
(4) Notwithstanding anything contained in these regulations, the political parties may nominate as party agents the same person
or persons whom they have nominated as assistant commissioners.
Appointment of party agents.
31. No person shall be appointed party agent who has within seven years previous to such appointment been found guilty of any corrupt practi ce und er th ese regul ation s or under th e General Elections Act, or is determined by the Commission to be manifestly unsuitable to act as such.
(2) Within the time established in the preceding paragraph of this regulation, th e Com mission shall forward to th e po litical parties and post at the entrance of the Electoral Office a list of the names, addresses and identity car d nu mb ers of all part y agen ts nominated indicating with respect to each one of them by whom he has been nominated and the pr ogressive number of t he identity document issued to him.
Persons guilty of corrupt practices not to be appointed agents.
Cap. 354.
Identification of party agent.
Polling places. 33. (1) The Commission shall, whenever practical, provide not more than one polling place for each locality and shall ensure that, as far as possible, that polling place is within the locality. In each polling place, the Commission shall provide as many polling booths as possible.
(2) The Commission shall, as far as possible, provide facilities so that handicapped persons, including persons in wheelchairs, may vote in comfort.
Polling booths and polling days. Amended by:
I. 2005.21.
34.(1)(a) In each polling booth a list of voters entitled to vote in that poll i ng b ooth t oget h er with copi es of th e photograph
of each voter shall be kept by the assistant co mmissi oners. Every page of su ch l i st and every correction or cancellation thereon
shall be signed by a commissioner and a party delegate of each political party, or persons nominated by them in writing.
(b) Copies of such lists without photographs shall be forwarded by the Commission to all political parties contesting the
election at least fifteen days prior to the day fixed for voting and the Commission shall keep the political parties informed of
all changes effected to such lists. The lists shall identify the polling booth where each voter entitled to vote shall
exercise his right to vote, shall list the voters who are to vote in each polling booth in alphabetical order according to the
surnames of the voters, assigning to each voter a distinct and consecutive number and indicating the name, surname, address
and identity card number of each voter as well as the registered number of the respective voting document of each voter.
(c) The name of every voter who delivers a valid voting document and to whom a ballot paper is delivered by the assistant commissioners
shall be marked on such list kept for the purpose by the assistant commissioners and in such manner as is
directed by the Commission.
(2) Voting shall be held on a Saturday. Voting shall start at 7.00 a.m. and shall close at 7.00 p.m.:
Provided that every voter who at the close of time of voting i s present i n a po llin g pl ace f or the p urpo se of v otin g, sh
al l be entitled to receive a ballot paper and to vote:
Provided further that, where the Commission are satisfied that the time allowed for voting has been, or will be, for any reason beyond
their control, reduced at all or in any one or more of the places, they may, whether before or after the poll has commenced, extend
the time fixed for the poll at such polling place or places so as to make good for the time lost, as aforesaid:
Provided moreover that, where all persons who have had a v o tin g do cu ment deli vered to them , such vot ing docum ent not having
been withdrawn, have voted in a polling booth or locality, the Co mm i s sio n may close the vot ing i n th at poll i ng b ooth
or
locality before the stipulated time:
Provided further that where such election shall coincide with a general election , referen dum or European Parl iament election,
the time of closure of voting shall be extended and be the same as the time of closure of voting for general elections, referenda
or European Parliament elections as the case may be.
(3) In each polling booth the Electoral Commission shall provide a number of separate c ubicles wherein each voter may record
his vote in secret and behind a curtain or other device to enable him to vote in secret, and in each cubicle shall provide such facilities
as it deems necessary including, however, a notice in the form specified in the Fourteenth Schedule.
Provided that the Electoral Commission and the Commissioner of Police may order the closure of any club, shop or other public establishment within such distance of fifty metres if in their opinion, such closure is necessary to maintain public order or prevent undue influence on voters during voting in any locality.
Maintenance of order within 50 metres of each polling place. Amended by:
I. 2005.21.
(2) For the purpose of this regulation, where the assistant commissioners determine that because of lack of space, not all the seals may be conveniently placed, they may direct that not all seals shall be so affixed ensuring however that each political party will be given the opportunity to affix at least one seal on each ballot box.
Maintenance of order at a distance of more than 50 metres of each polling place.
Ballot boxes and documents for polling booths.
Checking of ballot boxes by party agents and party delegates.
Voting.
deliver such document to an assistant commissioner at such polling booth during the hours appointed for voting.
(2) No person shall be allowed to vote unless he produces and delivers the voting document to the assistant commissioners.
(3) No inquiry shall be permitted at the time of voting as to the right of any person to vote, so long as the name of such person
is included in the list referred to in regulation 34(1), but the assistant commissioners may, before the delivery of the ballot paper
to a voter, put to him such questions as they may deem proper to satisfy themselves of the identity of such voter.
(4) The assistant commissioners, upon the production and d e li very t o the m of t h e v o t i ng d o cum e n t and hav
i ng sat i sfied themselves of the identity of the voter, shall strike out the name of the vo ter from the list aforesaid and shall
de li ver to him, after marking it with official marks, a ballot paper. For the purposes of these regulations, "official mark"
shall mean the stamp which the Comm ission shall dir ect the assistant commi ssioner s to use; so howev er that each pol iti cal
p a rt y may d i rect th e assistant commissioner nominated by it to use a stamp of its own to mark the ball ot papers, provided
that an im pr int of th e stam p so used is deposited with the Commission prior to the start of the poll; such stamp shall not be
necessary for the validity of the ballot paper.
(5) The assistant commissioners may at their discretion administer an oath to any voter in the form set out in the
Eleventh Schedule to these regulations.
(6) Any person refusing to answer any questions put to him und er subregu l atio n (3 ) or to take th e oath referred to in subregulation
(5) shall not be permitted to vote.
(7) The assistant commissioners shall not refuse a ballot paper to any person whos e name is included in the list referred to in
regulation 34(1) and otherwise satisfies the requirements of this regu lati on, u n le ss the perso n so cla i m i ng to vo te, u
pon bei n g q u estion e d un der this r e gul atio n, appears to the assistant commissioners not to be the person whose name is
on the aforesaid list or to have previously voted at the same election.
(8) The assistant commissioners shall keep a written record of t h e t a kin g o f any oath ad mi nistered to any person und er
thi s regulation, and of their refusal to allow any person to vote.
(9) No voter shall be allowed to vote except at the polling boo th speci f ied in th e vot ing do cu ment pro duced b
y h im for purposes of voting.
(10) A voter, who has inadvertently spoilt his ballot paper may, on delivering the spoilt ballot paper to the assistant commissioner,
and provin g the fact of inad vert ence t o the satisfactio n of th e assistant commissioner, obtain another ballot paper in its
place and the spoilt ballot paper shall be immediately cancelled.
Method of voting. 40. (1) Each voter shall have one transferable vote. (2) A voter, in recording his vote:
(a) must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes; and
(b) may in addition indicate the order of his choice or preference for as many other candidates as he pleases by placing
against their respective names the figure 2,
3, 4, 5 and 6 and so on in consecutive numerical order.
(3) A ballot paper shall be invalid in which:
(a) the figure 1 standing alone indicating a first preference for one candidate is not placed; or
(b) the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate; or
(c) the figure 1 standing alone indicating a first preference and some other number is set opposite the name of the same candidate;
or
(d) it cannot be determined with certainty for which candidate the first preference of the voter is expressed; or
(e) any writing or mark is made by which the voter can be identified; or
(f) the official mark as defined in regulation 39(4) is not made.
(4) A voter shall record his vote secretly inside a cubicle in the booth provided for this purpose and constructed in such a manner
as not to allow the voter to be seen when marking his ballot paper. After marking his ballot paper the voter shall fold the ballot
paper so as to conceal his vote and shall then put the ballot paper in the ballot box in the presence of the assistant commissioners.
Provided that the voter may not ask for any particular assistant commissioner to mark the ballot paper on his behalf:
Provided further that a person who is unable to vote i ndepen d en tly b y reason of bl i ndness may eith er request an Assistant
Commissioner to mark the paper on his behalf indicating for which candidate or candidates he wishes to vote and the order in which
he wishes to record his vote or request the provision of a Braille template as well as a playback listening device as approved under
the provision of regulation 20(1A).
(2) The assistant commissioners are bound to secrecy with regard to the voting of persons whom they have assisted to vote.
(3) There shall be not less than two assistant commissioners present when the vote is being recorded under the provisions of subregu
l ation (1), but no ot her person shall be allowed in the
Illiterate or incapacitated voters. Amended by: XXI. 2007.8.
polling booth.
(4) When an assistant commissioner is authorised to assist a voter to record his vote, the assistant commissioner shall require
such voter to confirm his declaration on oath, and on satisfying himself of the correctness of such declaration he shall record the
vote o f such vo ter on t h e ballot paper, i n accord ance wit h th e i nd ic ati on m ad e b y su ch vo ter and fo ll ow in g th
e p r oced ure set down hereunder:
(a) The assistant commissioner shall ask the voter: "Which of the candidates do you most desire to see elected?"
and shall place the figure 1 on the ballot paper opposite the name of the candidate indicated by the voter.
(b) The assistant commissioner shall then ask the voter: "For which of the candidates do you desire to express a second choice?"
and shall place the figure 2 on the ballot paper opposite the name of the candidate indicated by the voter.
(c) The assistant commissioner shall repeat the operation in reference to a third or any subsequent preference until the voter shall
declare that he does not desire to express any further choice.
(d) In order to assist such voters in indicating their preferences, the electoral commissioners shall permit the display
in the polling places of photographs of the candidates, if the same are supplied by the candidates themselves or by a political party
on their behalf. Each photograph may bear, in addition to the name of the candidate represented, the badge and name of the
party, if any, to which he belongs.
Such photographs shall be of such size and description as the electoral commissioners may require and shall be displayed in
such manner as they shall direct and in the order in which the candidates’ names appear on the ballot paper.
(e) At the commencement of these operations and at any subsequent stage the assistant commissioner shall, if desired by the voter,
read out in the order in which they appear on the ballot paper, the names of all candidates for whom a choice has
not already been expressed by the voter.
(f) If any such voter, however, shall request the assistant commissioner to read out the names of the candidates of one particular
political party only, the assistant commissioner shall do so by reading in alphabetical order the names of the candidates who
have supplied an indication of their adhesion to that political party and omitting the names of the other candidates.
(2) For the purposes of the previous paragraph of this regulation the assistant commissioners shall physically
count and reconcile the number of unused and spoilt ballot papers, the number of p e rso n s mar k e d as ha vin g vo ted o n the
li st re fer r e d to in regulation 34(1) and the number of voting documents delivered to them.
(3) After the close of the poll and before the ballot boxes are removed from the polling booths, the assistant commissioners shall
affix a notice on the door of each polling booth and signed by all the assistant commissioners stating the number of voters entitled
to vote at that polling booth, the number of ballot papers received by them from the Com mission, th e num ber of voting documents
delivered to them distinguishing as to whether they are ordinary or sp ecial, th e num ber of spoi lt ballo t pap e rs and th e
num ber of unused ballot papers being returned by them to the Commission and the number of persons who have voted in that polling
booth. The said notice shall in this regulation be henceforth referred to as the "ballot paper account".
A copy of the ballot paper account shall be delivered by the assistant commissioners to each political party by handing it to any
Assistant commissioners not to see vote recorded.
Ballot paper not to be removed from polling place.
Assistant commissioners not to make suggestions as to manner of voting.
No unauthorised person to enter polling place.
Closure of voting.
candidate, party delegate or party agent representing such party as may be present, and shall also be delivered to the Commission
at the place specified in regulation 16(c) and the Commission shall immediately thereon provide a copy to the party delegates.
(4) On completion of all the duties mentioned in the preceding subregulation, the assistant commissioners shall deliver the ballot
box or boxes and all documents and packets entrusted to them to the Commission at the place specified in regulation 16(c).
(5) Party delegates, candidates and party agents shall have the right to at ten d at the reconciliatio n and sealin g of papers
and sealing of ballot boxes, mentioned in the preceding subregulations, to affix their own personal seals to the packages containing
the papers and to the ballot boxes and shall, subject to the provision of the following subregulations, be granted facilities to
watch and accompany the transportation of the ballot boxes from the polling place up to their delivery to the Commission.
(6) (a) No more than one party agent from each political party may be present in each polling booth at any one time during the procedure
for the sealing of ballot boxes.
(b) The assistant commissioners shall ensure that candidates, party agents or party delegates as may be present
shall be called in prior to their starting the procedures outlined in the previous paragraphs of this regulation for the
sealing of ballot boxes and packets and reconciliation.
(c) The candidates, party agents and party delegates that may be present shall be granted all reasonable facilities
to oversee, record and request recounts of all the operations undertaken by the assistant commissioners in
terms of the previous paragraphs of this regulation and without prejudice to the generality of the above:
(i) to reconcile the number of persons who have voted as stated in the ballot paper account with the number of persons
which the assistant commissioners have struck off the list referred to in regulation 34 and the number of voting documents
received by the assistant commissioners;
(ii) to reconcile the names of the voters which the assistant commissioners have struck off the list referred to in regulation
34 with the names or the voting documents received by them;
(iii) to record the names of the persons who have not voted;
(d) If a vehicle is to be used for the transportation of the ballot box, and after all the procedures indicated in the previous
paragraph of this paragraph have been completed, the assistant commissioners shall keep the ballot box and all documents
and packets in the polling
booth until such time as the vehicle designated by the Commission for the transfer of the ballot boxes arrives at the polling place.
Any candidate, party agent or party delegate as may be present shall also have the right to remain at such polling booth.
(e) During the transportation from the polling place to the place designated by the Commission for the delivery of ballot boxes in
terms of paragraph (3) of regulation
16 no more than one representative from each of the political parties may board the vehicle designated by
the Commission for transportation.
(f) The representatives mentioned in the previous paragraph of this paragraph shall be designated by the political
parties within seven days of being notified by the Commission of the number of persons to be appointed, and shall
be duly authorised by the Commission and shall bear an identification document similar to that required by regulation 32(1)
and shall have these names published in terms of regulation
32(2).
(g) If no vehicle is to be used in the transportation of the ballot box, the assistant commissioners, accompanied by any candidate,
party delegate or party agent as may be present, shall, after all procedures indicated in the previous paragraphs of this regulation
have been completed, carry the ballot box and deliver it to the Commission in the place indicated in regulation 16(c).
(h) The refusal by any assistant commissioner to sign any declaration or document shall not of itself invalidate the contents thereof.
PART VII
Voting in Retirement Homes
Provided that the provisions of regulation 49(3)(a), of regulation 50(1)( b ) and of regul ati on 51 shall no t apply to retirement homes not run or administered by the Government.
Assistant commissioners responsible for the maintenance of order.
Retirement Home.
Sub-committee for retirement homes.
the Electoral Commission shall delegate to the sub-committee the running of the election in all retirement homes.
(2) The sub-committee shall have the duty to ensure that no undue pressure is brought to bear on voters in retirement homes, that
proper and adequate facilities are given to all political parties to canvass such voters, that adequate arrangements for voting are
m a de in view of the special need s of such voters and that no political party enjoys any unfair advantage.
(3) Without prejudice to the generality of the above provisions, the sub-committee shall ensure that:
(a) immediate steps are taken to temporarily remove and substitute members of staff gravely suspected to have attempted to influence
voters;
(b) arrangements are made for the receipt and proper delivery of propaganda material and for canvassing during visiting
hours by candidates and political parties contesting that locality;
(c) complaints by political parties and/or candidates are speedily investigated and rectified when found to be justified.
Duties of persons responsible for the administration of retirement homes.
Cap. 446. Cap. 9.
(a) a list of all persons resident at such retirement home, indicating the name, identity card number, last known address, age, ward
or room number, name and address of next of kin and whether registered as a voter in the home address or otherwise;
(b) a list of all staff at the retirement home indicating the name, identity card number, address, grade and working hours
up to the day following the day fixed for voting.
(2) On receipt thereof the sub-committee shall immediately provide the political parties with copies of such lists.
(3) The administrator of every retirement home shall keep such lists updated and shall immediately send to the sub-committee any
amend m en ts th ereto an d t h e sub-commi ttee shall immed i ately inform the political parties of such amendments.
(4) Members of the staff in retirement homes are expressly prohibited from engaging in propaganda for any political party
or candidate and any employee contravening this regulation shall be guilty of an offence and shall on conviction be liable to the
penalty of general interdiction for a period of ten years and the provisions of the Probation Act and of article 22 of the Crimina l Code shall not apply.
Voting at retirement homes.
of the home for safe-keeping, and such administrator shall return the same to the voter on the day fixed for voting or on such earlier
day as may be requested by the voter.
(2) Voters in retirement homes shall have the option to proceed to the polling place -
(a) without the assistance of any person;
(b) with the assistance of members of the staff;
(c) with the assistance of members of their families;
and it shall be the responsibility of the sub-committee to ascertain the option chosen by each voter.
(3) Voters opting to be assisted by members of the staff shall be accompanied by members of the staff chosen from a pool thereof
n o m i nated in equal nu m b ers by all the pol itical parti e s, such nominations being made at least ten days before the start
of the p o l l . Pol iti cal p a rti e s shall h a v e th e ri gh t to demand , an d t h e Commission shall have the duty to ensure,
that if the ordinary staff at such homes is not sufficient for the purposes of this regulation other persons are transferred to such
homes for such purpose.
(4) Voters opting to be assisted by members of the staff or by members of t h eir families sh all, no twithstanding any other provision
of these regulations be so accompanied up to the door of the relative polling booth.
(5) During the day fixed for voting no person other than members of the sub-committee, members of the staff and relatives
of p atients wh o have been prev i ously authorised to accompany vo ters to vote, shall without the exp r ess authority of the Commission,
be allowed to enter retirement homes.
(6) Except with the special authorisation of the sub-committee, no voter in a retirement home who has chosen the option to vote
on his own or to be accompanied by members of his family may be taken to vote by members of the staff.
PART VIII
Counting of Votes
16 ( c ) and ( d ) and shall be conducted i n accordance with the
provisions of these regulations. Counting shall commence for a locality when all ballot boxes for that locality have been deposited
in the room designated for the purpo se b y the Co mm issi on , all
packets containing the papers and other m a terial used by the assistant commissioners have been delivered to the Commission and
neither ballot boxes nor packets have been declared to be in a
Direction by Electoral Commission.
Start of counting of votes.
Tampering with ballot boxes.
state that gives rise to the suspicion that they have been tampered with.
(2) Party delegates, candidates and delivery agents shall have the right to monitor the receipt of the ballot boxes by the Electoral
Co mmissi on fro m t h e assist an t co mmi ssi o n e r s and to mak e representations thereon.
(3) If any of the commissioners or any party delegate, candidate or delivery agent claims that any ballot box or
package is received in a state that it gives rise to suspicion that it may have been tampered with, the Commission shall order such
box or packet to be dealt with separately from the other boxes or packets, and shall immediately call a meeting of the Commission
and at such meeti n g th e Co mmission shall hav e the p o wer to hear such evidence under oath as it deems necessary.
(4) Where the Commission decides that there is no evidence that justifies the suspicion that the box or packet has been tampered
with, its decision shall be final and no appeal shall lie therefrom.
(5) Any claim as is referred to in the previous paragraphs of this regulation shall be made as soon as the ballot box or packet
is delivered by the assistant commissioners to the Commission and for this pu rpose the Co m mission shall ensu r e that th e party
delegates, candidates or deliv ery agents are given adequate f acilit ies to attent ivel y in sp ect th e ball ot b oxes, docu m
ent s or packets.
(6) It shall be the duty of the Commission to ensure the mathematical accurac y of the ballot paper account and that
this tallies with the declared number of voting documents returned by the assistant commissioners. Political parties shall have the
right to demand that the Commission shall for this purpose open all packets containing voting documents relative to not more than
ten per cent of all boxes in order to physi cally c h e c k the accuracy of such returns.
(7) Political parties shall select the ballot boxes in relation to which the packets containing voting documents are to be opened
during delivery of the ballot boxes to the Commission and prior to the storage of the ballot boxes.
(8) As each ballot box is received and cleared by the Commission in terms of this regulation it shall be transferred
to the room designated by the commissioners for the storage of all ballot boxes in terms of regulation 16.
(9) As soon as practicable after all ballot boxes have been received and cleared in terms of this regulation and prior
to the sta r t of th e cou n ti ng process th e Electoral Commission s h all
publicly declare the total number of votes declared to be cast in accordance with the ballot paper accounts delivered by the assistant
commissioners as well as the number of votes in each ballot box as resulting from the same account.
(10) The Commission shall preserve until the publication of the official results of the next following election all papers delivered
to them by the assistant commissioners, as well as the unused ballot p a pers and the votin g documen ts, in se para te se aled pac
k ets indicating on each packet the nature of the documents contained therein, and the locality to which they appertain.
(11) On every packet as is referred to in the preceding paragraph there shall be affixed the seal of the Electoral Commission and
the signature of at least two commissioners, and of any party delegate, candidate or delivery agent who may wish to sign it.
(2) The provisions of paragraph (1) of regulation 28 shall mutatis mutandis apply to the office of the counter, supervisor and calculator as it applies to the office of assistant commissioner.
(3) A list of the persons appointed as counters, supervisors and calculators shall be published by the Commission in the Gazette,
t ogeth er with the list of persons appointed as assistan t commissioners and the procedure established for the nomination
by political parties and for objections to assistant commissioners shall mutatis mutandis apply to supervisors and counters.
(4) All counters, supervisors and calculators shall be issued with identity documents specifying the details provided for party
agents. The identity documents shall he worn at all times by the counters, supervisors and calculators whilst in the precincts of
the building where the counting of votes is held.
(5) The calculators shall perform all mathematical calculations connected with the counting of votes and the Commission shall
ensure that the persons so chosen are proficient in mathematical calculations.
(6) Supervisors shall be responsible for a number of counters and shall oversee the opening of ballot boxes, and the sorting and
counting of ballot papers for every counting table. The Electoral Commission shall ensure that at all times during the counting of
votes there are no less than two supervisors for each counting table an d th at the p o liti cal parti e s ar e adequately repr
esented in t h e choice of persons to act as supervisors for each counting table.
(7) Counters shall work under the direction of the supervisors; they shall physically sort and count the ballot papers. The Electoral
Commission shall ensure that there a r e a suff icient numbe r of cou nters on each counting tabl e to ensure a quick and effici
ent counting proces s a n d that the pol iti cal part ies are adequat e l y represented at all times during the counting of votes
in the choice
Counters, supervisors and calculators.
of persons to act as counters at each counting table.
Commissioners may appoint persons to assist them in the counting of votes.
(2) Notwithstanding anything contained in any other part of these regulations, the Electoral Commission may for the purposes
of the counting of votes appoint any number of principal assistant electoral commissioners to act on its behalf as the Commission
deems fit to supervise the counting of votes within each locality an d anyt hing don e by t h e prin cip a l assistant el
ectoral commissioners shall be deemed to have been done by the Electoral Commission.
(3) The commissioners or any one or more of them shall administer to every person authorised to act for the Commission
under the provisions of this regulation, an oath for the fait hf ul discharge of the duties assigned to him.
Candidates and counting agents. Amended by:
I. 2005.21.
(2) Every political party shall moreover have the right to nominate a number of agents equal to the number of candidates
presented by it to contest the election and such agents shall at all times have access to the said building and to the counting hall
at all times. The s e agents s h a l l hen ceforth in t h ese regulat ions be referred to as "counting agents".
The list of such agents shall be presented to the Commission at least twenty-one days prior to the start of the
poll; the Commission shall inform the political parties of all the agents so no mi nated so t h at t h e sai d po li ti cal part
ies may hav e an opportunity to make representations to the Commission before the same accepts or rejects them; the agents so nominated
are to be of good character and acceptable to the Commission and once nominated and accepted by the Commission, may be changed by
the political party nominating them.
The list of such agents shall, at least, seven days prior to the start of the poll, be forwarded by the Commission to the political
parties and posted at the entrance of the Electoral Office indicating the name, address and identity card number of each agent and
the party nominating him.
(3) The party delegates, candidates and counting agents shall be issued with an identity document and such identity document is
t o b e wor n at all ti mes o n en try in to and insid e the bui ldi ng or complex wherein the votes are counted.
(a) adequate facilities are provided for media coverage as well as for the political parties;
(b) an area adjacent and communicating with the counting hall shall be provided for the storage of the ballot boxes and that
during the time the boxes are stored in such area they shall at all times be visible from all parts of the counting hall;
(c) in the counting hall itself counters shall be separated from the candidates and agents and except in the cases expressly provided
for in these regulations, access to the area designated by the Commission for the counting of votes shall only be
allowed to candidates and agents with the express consent of the Commission; provided that the party delegates
and two substitutes thereof for each locality in which an election is held, previously nominated by such delegates,
shall have free access to the counting area at all times;
(d) the disposition of the counting area shall be such that as far as possible all the counting process can be closely
viewed by candidates, agents and party delegates;
(e) adequate back up facilities for services failure are provided especially with respect to lighting;
(f) reasonable security measures are taken at all times in and around the building, that entry is restricted to authorised
persons only and that no lethal instruments or instruments which may be rendered lethal are introduced in the building;
(g) at least fifteen days before the start of voting the commissioners shall show the party delegates how they propose
to allocate and separate the different areas of the said building and shall consider suggestions made by the
said delegates in this regard;
(h) notwithstanding anything else contained in these regulations, the party delegates and their substitutes, shall at
all times have access to any part of the building for the purpose of ensuring that the provisions of these regulations
are being enforced.
Building where counting of votes will take place.
59. The Commission shall ensure that as far as practicable full and constant press and broadcasting coverage is allowed of the counting and transfer of votes and for such purpose shall allow en tr y i n to th e bu i l d i ng to bo na fi d e p r ess an d b r oadcastin g personnel and apparatus.
Broadcasting coverage.
Extraordinary circumstances.
Representations to commissioners.
Direction of building.
PART IX
Ballot Paper Account Reconciliation
Counting of votes. 63. The Commission shall proceed to count all the votes cast in a locality in order to establish the total number of votes cast in that locality.
Removal of ballot boxes from strong room.
(2) Any objection raised by the party delegates or their substitutes as to the integrity of such seals shall be examined by the Commission whose decision thereon shall be final and not subject to appeal.
Opening of each ballot box.
Objections to opening of ballot box.
Checking of ballot paper account.
When ballot papers do not tally with ballot paper account.
PART X
Counting and Sorting of Votes
Part of these regulations.
(2) In this Part unless the context otherwise requires:
(a) The expression "continuing candidate" means any candidate not elected and not excluded from the poll.
(b) The expression "first preference" means the figure "1" standing alone opposite the name of a candidate;
the expression "second preference" means the figure "2" standing alone opposite the name of a candidate; and
the expression "third preference" means the figure "3" standing alone opposite the name of a candidate, and so
on.
(c) The expression "next available preference" means a second or subsequent preference recorded in consecutive
numerical order for a continuing candidate, the preferences next in order on the ballot paper for candidates already
elected or excluded from the poll being ignored.
(d) The expression "transferable paper" means a ballot paper on which, following a first preference, a second or
subsequent preference is recorded in consecutive numerical order for a continuing candidate.
(e) The expression "non-transferable paper" means a ballot paper on which no second or subsequent
preference is recorded for a continuing candidate:
Provided that a paper shall be deemed to have become a non-transferable paper whenever:
(i) the names of two or more candidates (whether
When ballot papers and ballot paper account tally.
All ballot boxes to be opened.
Number of votes cast.
Sorting of ballot papers.
Sorting of ballot papers.
continuing or not) are marked with the same number, and are next in order of preference; or
(ii) the name of the candidate next in order of preference (whether continuing or not) is marked either by
a number not following consecutively after some other number on the ballot paper or by two or more numbers; or
(iii) for any other reason it cannot be determined with certainty for which of the continuing candidates the
next available preference of the voter is recorded.
(f) The expression "original vote" in regard to any candidate means a vote derived from a ballot paper on which
a first preference is recorded for that candidate.
(g) The expression "transferred vote" in regard to any candidate means a vote derived from a ballot paper on which
a second or subsequent preference is recorded for that candidate.
(h) The expression "surplus" means the number of votes by which the total number of the votes, original and transferred,
credited to any candidate, exceeds the quota.
(i) The expression "count" means:
(i) all the operations involved in the counting of the first preferences recorded for candidates; or
(ii) all the operations involved in the transfer of the surplus of an elected candidate; or
(iii) all the operations involved in the transfer of the votes of an excluded candidate or of two or more candidates excluded together.
Method of sorting. 74. The sorting of ballot papers indicated in the previous regulation shall be carried out in the following manner:
(a) the supervisor of each counting table shall take the topmost bundle of ballot papers from each pigeon hole and, in full
view of the candidates and agents, place the bundles on a rack to pass to the counters;
(b) when a parcel of ballot papers has been taken from each different pigeon hole and placed on the rack as provided in the previous
paragraph of this regulation, the supervisor shall pass to each counter one parcel at a time in order that the ballot papers may
be sorted;
(c) the counters shall open each parcel with the ballot papers and ascertain whether each paper is valid or invalid;
(d) if the counters decide that there is a possibility that, for any reason according to the Act or these
regulations, a ballot paper may be invalid or if any candidate or agent for the same reason so claims, the counter shall place such
ballot paper in a tray marked "dubious";
(e) if the ballot paper is considered as valid the counter shall place the ballot paper in a tray indicating the candidate
to which the first preference has been given on that ballot paper.
(2) When all the parcels on the rack have been counted the supervisor shall take the next topmost parcel of ballot papers from each pig e on hol e repeating th e sort ing process menti oned i n regulation 74 and in subregulation (1) of this regulation and so on and so forth until all ballot papers have, in phases, been removed from the pigeon holes, put on the rack and sorted.
Continuation of sorting process.
(2) The dubious ballot papers may only be removed from the tray by a principal assistant el ectoral commissioner who sh all personally
take them to a table designated for that purpose.
(3) The Electoral Commission, or the principal assistant electoral commissioners, shall, after hearing the representations
of the party delegates or their substitutes, decide in respect of each paper, whether it is valid or invalid and if they decide
that it is invalid they shall so stamp the paper on its face.
(4) The decision of the principal assistant electoral commissioners shall be subject to an appeal to a member
of the Electoral Commission designated to hear s u ch appeals by the Commission and his decision shall be final.
(5) Once all the dubious ballot papers have been declared valid or invalid, they shall be returned by a principal assistant electoral
commissioner who shall pass them on to a supervisor.
(6) The supervisor shall cause the invalid ballot papers to be put in a tray marked "invalid" and the valid ballot papers
to be sorted in accordance with the preceding regulations.
Dubious votes.
(2) When counting the number of papers placed in the tray of each candi dat e, the supervisor shall direct that su ch papers be bundled in packets of fifty pa pers e ach and tha t each pa cket is
Counting papers.
counted by at least two counters.
Ascertainment of quota.
Candidate with quota elected.
Transfer of surplus. 80. (1) If at the end of any count the number of votes credited to a cand idate is g r eater than the quo ta, the surplus shall b e transferred, as in th is regu la tion pr ovi ded, to th e co nti nui ng candid at es for wh om t h e next av aila ble preferen ce s have been recorded on the ballot papers in the parcel or sub-parcel received by the elected candidate at that count.
Priority of surplus. (2) A surplus which arises from any count shall be transferred before a surplus which may arise from a subsequent count.
(3) If more than one candidate has a surplus arising from the same count, the largest surplus shall first be dealt with.
Equality of surplus.
Original votes only.
Original and transferred votes.
Papers sorted to next available preference.
Transferrable papers equal or less than surplus.
(4) If two or more candidates have each an equal surplus arising from the same count, the surplus of the candidate with
the greatest number of votes at the first count at which the candidates in question had an unequal number of votes shall first be
dealt with. Where the number of votes credited to such candidates were equal at all counts the Commission shall determine by lot
which surplus they will first deal with.
(5) (a) If the votes credited to an elected candidate consist of original votes only, the Commission shall examine all the papers in the
parcel of the elected candidate whose surplus is to be transferred.
(b) If the votes credited to an elected candidate consist of original and transferred votes, or of transferred votes only, the
Commission shall examine the papers contained in the last sub-parcel last received by the elected candidate whose surplus
is to be transferred.
(c) In either case the Commission shall sort the transferable papers into sub-parcels according to the next available
preference recorded thereon, shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of
papers in each sub- parcel of transferable papers and in the sub-parcel of non-transferable papers.
(6) If the total number of papers in the sub-parcels of transferable papers is not greater than the surplus, the
Commission shall transfer the whole of each sub-parcel of transferable papers to the co nti n u i ng candi date i n d i cat e d t
h ereon as th e vo ter ’s n e xt available preference, and shall set aside as a separate parcel so m any o f the non-transferable
papers as are not required for the quota of the elected candidate. The particular papers set aside shall
be those last filed in the sub-parcel of non-transferable papers.
(7) (a) If the total number of transferable papers is greater than the surplus, the Commission shall transfer from e ach s u b-parc
el of transferable papers to the continuing candidate indicated thereon as the voters’ next available preference the number
of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable
papers.
(b) The number of papers to be transferred from each sub- parcel shall be ascertained by multiplying the number of papers in the
sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractional
parts, if any, of each number so ascertained.
(c) If, owing to the existence of such fractional parts, the number of papers to be transferred is less than the surplus,
so many of these fractional parts taken in the order of their magnitude, beginning with the largest as are necessary to make the
total number of papers to be transferred equal to the surplus, shall be reckoned as of the value of unity, and the remaining fractional
parts shall be ignored.
(d) If two or more fractional parts are of equal magnitude, that fractional part shall be deemed to be the largest which arises
from the largest sub-parcels and if the sub-parcels in question are equal in size, the fractional part credited to the candidate
with the greatest number of votes at the first count at which the candidates in question had an unequal number of votes shall
be deemed to be the largest. Where the numbers of votes credited to such candidates were equal at all counts the Commission shall
determine by lot which fractional part shall be deemed to be the largest.
(e) The particular papers transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred
shall be marked with the number of the count at which the transfer took place.
Transferable papers exceed surplus; proportionate transfer.
Ascertainment of number of papers to be transferred.
Treatment of fractional parts.
Equality of fractional parts.
Papers transferred from sub-parcels.
(2) If the total of the votes of the two or more candidates lowest on the poll is less than the number of the votes credited to the next highest candidate the Commission may at the same count
Exclusion of candidates. One candidate excluded.
Two or more excluded.
Selection of candidate for exclusion.
exclude those candidates from the poll and transfer their votes as in this regulation provided.
(3) If, when a candidate has to be excluded, two or more candidates have each the same number of votes and are lowest
on the poll, the candidate with the lowest number of votes at the first count at which the candidates in question had an unequal
number of votes shall be excluded, and, where the numbers of votes credited to those candidates were equal at all counts, the Commission
shall decide by lot which shall be excluded.
Last vacancies. 82. Notwithstanding anything contained in these regulations:
(1) If at the end of any count the number of elected candidates is equal to the number of vacancies to be filled, no
further transfer of votes shall be made.
(2) If on the exclusion of a candidate or candidates the number of the then continuing candidates is equal to the number of vacancies
to be filled, the continuing candidates shall thereupon be elected and no further transfer of votes shall be made.
Procedure in transferring votes. Papers transferred.
Non-transferable papers set aside.
Papers retained for quota.
(2) Non-transferable papers, except such as in the transfer of a surplus may be required for the quota of the elected candidate,
shall be set aside as a separate parcel together with any parcel of non- transferable papers already set aside.
(3) On the transfer of the surplus of an elected candidate, all papers not transferred to continuing candidates and not set aside
as provided in the preceding paragraph of this regulation shall be placed together in one parcel as the quota of the elected candidate
and the pa rcel shall be marked with the name of the elected candidate.
Partial re-counts. 84. Any candidate or agent may, at the end of any count, request the Commission to re-examine and re-count all or any of the papers dealt with during that count, and the Commission shall forthwith re-examine and recount accordingly the papers indicated without making any alterations in the arrangements of the papers in the various parcels save where such alteration may be necessary in consequence of any error di scovered in the r e - c ount; the Com mission may also at t heir discretion re-count papers either once or more often in any case in which they are not satisfied as to the accuracy of any previous count; provided that nothing herein shall make it obligatory on the Commission to re-count the same papers more than once.
Election petitions. 85. (1) Upon an election petition the court may direct the total or partial re-count of the ballot papers and the result of the election to be ascertained in accordance with these regulations.
(2) On any re-count, subject to such modifications as may be necessary by reason of any order of the court, each paper originally declared valid shall, whenever any transfer of votes takes place, follow the same course as at the original counting of the votes.
(2) If any decision of the Commission is so reversed, the transfer in question and all operations subsequent thereto shall be void and the court shall direct what transfer is to be made in place o f th e tr an sfer in q u esti on , and s h all cause the subse q uent operation s t o be carri ed out and the result of th e el ecti on to be ascertained in accordance with these regulations.
Decision of returning officers on transfer.
PART XI
Casual Vacancies
(a) at the election held immediately prior to the occurrence of the said vacancy was a candidate nominated
for election as a councillor for that locality in respect of which the vacancy has arisen, and did not withdraw from the election
and was not elected, and
(b) is still qualified to be so elected,
may with his consent, be nominated as a candidate for the said vacancy.
Result of poll. Form of declaration.
Notice of vacancy. Amended by: XXI.1999.3.
Nominations.
Notice of valid nominations
If two or more nominations, ballot papers of vacating councillor are examined.
Vacancy filled by co-option in special case.
accordance with this Part of these regulations, or in the eventuality mentioned in regulation 24(1), or if on a vacancy occurring
no candidate is validly nominated, or if after examination of the ballot papers of the vacating councillor no candidate secures election,
the vacancy shall be filled by co-option in accordance with article 8(4) of the Act.
(2) In filling a vacancy by co-option, regard shall be had to the representation as nearly as may be of the interests and opinions
represented and held by the vacating councillor.
PART XII
Illegal Practices
Provided that this regulation shall not be deemed to apply to any sum disbursed by any person out of his own money for any expense
legally incurred by himself and not exceeding five hundred and eighty-two euro and thirty-four cents (€582.34), if such sum is
not repaid to him:
Provided further that the Minister may, from time to time, by notice in the Gazette specify higher sums which in no case shall ex
ceed one tho u sand and on e hundred and six t y-four eu ro and sixty-nine cents (€1,164.69).
(2) A statement of the particulars of any payments so made by an y other person i n term s of t h e previo us paragraph of t h
is regulation shall be sent to the candidate within the time limited by the s e regu lat i o n s fo r th e sen d in g in of claims
and shall be accompanied by a receipt.
(3) A person who makes any payment, advance, or deposit in contravention of this regulation or pays in contravention of this regulation
any money so provided as aforesaid and any candidate who, having been aware of such paym ent, adv a nce or depo si t, kno wi ngl
y benefit s fro m th e sam e, shal l be gui lt y o f an ill egal practice.
Making of contracts in respect of election expenses.
Payment of expenses. Amended by:
L.N. 425 of 2007.
Provided that the Minister may, from time to time, by notice in the Gazette specify higher sums which in no case shall exceed two
hundred and thirty-two euro and ninety-four cents (€232.94).
(2) Every claim against a candidate at an election in respect of any expenses incurred on account of or in respect of the conduct
or management of such election, which is not sent in to the candidate within the time limited by these regulations, shall be barred
and shall not be paid; and subject to such exception as may be allowed
Periods for sending in claims and making payments for election expenses.
Amended by:
L.N. 425 of 2007.
in pursuance of these regulations, a candidate who pays a claim in co ntrav e nti on o f t h is regul ation shall be g u il ty o f
an il legal practice.
(3) Except as by these regulations permitted, the time limited by these regulations for sending in claims shall be thirty days
after the day on which the candidate returned is declared elected.
(4) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the
conduct or management of such election, shall be paid within the time limited by these regulations and not otherwise; and, subject
to such exception as may be allowed in pursuance of these regulations, a candidate who makes a payment in contravention of this
provision shall be guilty of an illegal practice.
(5) Except as by these regulations permitted, the time limited by these regulations for the payment of such expenses as aforesaid
shall be forty days after the day on which the candidate returned is declared elected.
(6) If the candidate in the case of any claim sent in to him within the time limited by these regulations disputes it, or refuses
or fails to pay it within the said period of forty days, such claim shall be deemed to be a disputed claim.
(7) The claimant may, if he thinks fit, bring an action for a disputed claim in the competent Civil Court; and any sum paid by
the candidate in pursuance of the judgment or order of such court shal l b e deemed to be paid wit h in th e t ime li mited by these
regulations.
(8) On cause shown to the satisfaction of the competent Civil Court, the court on application by the claimant or by the candidate
may, by o r der, give leave for t h e payment b y a cand idate of a disputed claim, or of a claim for any such expenses as aforesaid,
alth ough sent i n after the tim e in t his regulati on m en tioned for send in g in cl ai ms, or al th ou gh t h e same w a s sent
i n t o th e candidate.
(9) Any sum specified in any such order may be paid by the candidate, and when paid in pur suance of such leave shall be deemed
to be paid within the time limited by these regulations.
Petty expenses. 96. (1) Any person may, if so authorized in writing by the candidate pay any necessary expense for stati onery, po stage, telegrams, and other petty expenses to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the candidate.
(2) A statement of the particulars of payments made by any person so authorized shall be sent to the candidate within the time limited by these regulations for the sending in of claims, and shall be vouched for by a bill containing the receipt of that person.
Provided that the Minister may, from time to time, by notice in the Gazette specify higher sums which in no case shall exceed two
thousand and three hundred and thirty euro (€2,330) or fifty cents (0.50) for every registered voter in the locality contested
by the candidate whichever is the higher.
(2) In the case of candidates standing for election in the same locality as members of the same political party, the expenses
of such candidates may be added t ogether and th ere shall not be deemed to have been a contravention of this regulation unless
the aggregate e x penses of s u ch can di da te s, w h e n ad ded to ge th er, exceed either the sum of one thousand and one hundred
and sixty- five euro (€1,165) multiplied by the number of such candidates or the sum of forty-six thousand and five hundred and
ninety euro (€46,590), whichever is the smaller:
Provided that the Minister may, from time to time, by notice in the Gazette specify higher sums which in no case shall exceed either
the sum of two thousand and three hundred and thirty euro (€2,330) multiplied by the number of such candidates or the sum of ninety-three
thousand and one hundred and eighty euro (€93,180), whichever is the smaller:
Provided further that if the aggregate of such expenses exceeds either of the sums aforesaid, the expenses of each such candidate
shall be separated from the expenses of the others and the provisions of subregulation (1) shall apply.
(3) Any candidate who knowingly acts in contravention of this regulation shall he guilty of an illegal practice.
Expenses in excess of maximum to be illegal practice. Substituted by:
L.N. 425 of 2007.
(2) Subject to such exception as may be allowed in pursuance of these reg ulati ons, if any p aymen t or cont ract for paym ent is knowingly made in contravention of this regulation either before, during, or after an election, the person making such payment or contract shall be guilty of an illegal practice, and any person rec e iv in g suc h pay m ent o r b e in g a part y to an y suc h con t rac t , knowing the same to be in contravention of this regulation, shall also be guilty of an illegal practice.
Certain expenditure to be illegal practice.
Certain employment to be illegal.
any capacity whatever, except for a reasonable number of assistants and professional persons, having regard to the area of the locality
and the number of voters on the Local Councils’ Electoral Register for such locality.
(2) Subject to such exception as may be allowed in pursuance of these regulations, if any pe rson is eng a ged or empl oyed in
contravention of this regulation, either before, during or after an election, the person engaging or employing him shall be guilty
of an illegal practice.
Saving for creditors.
Return and declaration respecting election expenses.
(2) Every such return shall contain a statement of all payments made by t h e can d i d ate, o r b y any p e r s o n s on behalf
of th e candidate, or in his interest, for expenses incurred on account of, or in respect of, the conduct and management of the election,
and a further statement of all unpaid claims in respect of such expenses, of which he is aware.
(3) The return shall be accompanied by declarations to be made on oath by the candidate before a magistrate, commissioner for
Justice or a commissioner in the form contained in the Thirteenth Schedule to these regulations.
(4) If any candidate acts in contravention of the requirements of this regulation, he shall, subject to the provisions of regulation
107, be guilty of an illegal practice.
Publication of notice in respect of return of election expenses. Substituted by:
L.N. 425 of 2007.
103. (1) Any person committing an illegal practice shall, on conviction, be liable to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-ni ne cents (€1,164.69).
Provided that the Minister may, from time to time, by notice i n the Gazette specify hig h er penalties whi c h in no case shall
exceed a fine (multa) not exceeding six thousand and nine hundred and eighty-eight euro and twelve cents (€6,988.12).
(2) No prosecution for an illegal practice shall be instituted without the sanction of the Attorney General.
PART XIII
Corrupt Practices
(2) Every voter who corruptly accepts or takes any such food, drink, entertainment, or provision shall also be guilty of the offence of treating.
Punishment on conviction for illegal practice. Amended by:
II. 2007.30;
L.N. 425 of 2007.
Personation.
Treating.
(a) every person who, directly or indirectly, by himself or by any other person on his behalf, gives, lends or
Undue influence.
Bribery.
agrees to give or lend, or offers, promises or promises to procure, or to endeavour to procure, any money or valuable consideration
to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter
to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such voter having voted or refrained
from voting at any election under the Act;
(b) every person who, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give
or procure, or offers, promises or promises to procure or to endeavour to procure any office, place or employment to or for
any voter or to or for any person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain
from voting, or corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting at
any election under the Act;
(c) every person who, directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer,
promise, procurement, or agreement as aforesaid, to or for any person in order to induce such person to procure or endeavour
to procure the return of any person as a councillor, or the vote of any voter at any election under the Act;
(d) every person who, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procures or engages,
promises or endeavours to procure, the return of any person as a councillor or the vote of any voter at any election under
the Act;
(e) every person who advances or pays or causes to be paid any money to or for the use of any other person, with the intent that
such money or any part thereof shall be expended in bribery at any election under the Act; or who shall knowingly pay or cause
to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election;
(f) every person being a voter who, before or during any election under the Act, directly or indirectly, by himself or by
any other person on his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office,
place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing
to refrain from voting at any such election;
(g) every person who, after any election under the Act, directly or indirectly, by himself or by any other person on his
behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having
induced any other person to vote or to refrain from voting at any such
election.
108. (1) Any person who commits the offence of personation, treating, undue influence, or bribery or aids, abets, counsels, or procures
the commission of the offence of personation, and any can did ate wh o kn owi ngly m akes the declaration, as to election expenses
required by regulation 101, falsely, shall be guilty of a corrupt practice and shall be liable, on conviction, in the discretion
of the court, to a fine (multa) not exceeding two thousand and three hundred and twenty-five euro (€2,325), or to imprisonment for a term not exceeding six months,
or to both such fine (multa) and imprisonment, and shall in consequence of such conviction become incapable, fo r a p e riod of seven years from the dat e of
h i s conviction of being registered as a voter or voting at an election under the Act, or of being elected a councillor, and if
at that date he has been elected councillor, his election shall be vacated from the date of such conviction:
Provided that the Minister may, from time to time, by notice i n the Gazette specify hig h er penalties whi c h in no case shall
exceed a fine (multa) of twenty-three thousand and two hundred and ninety euro (€23,290).
(2) No prosecution for a corrupt practice shall be instituted without the sanction of the Attorney General.
(3) For the purposes of this Part of these regulations, references to "v otin g" or to "refrain ing from vot ing",
o r t o "gi v ing " or "refraining from giving a vote", shall include references to "voting" or "refraining
from voting" in a particular way.
PART XIV
Excuse for Corrupt and Illegal Practices
(a) that no corrupt or illegal practice was committed at such election by the candidate and the offences aforesaid were
committed contrary to the orders and without the sanction or connivance of such candidate; and
(b) that such candidate took all reasonable means for preventing the commission of corrupt and illegal practices at
such election; and
(c) that the offences aforesaid were of a trivial, unimportant and limited character; and
(d) that in all other respects the election was free from any corrupt or illegal practice on the part of such
Punishment and incapacities for corrupt practice. Amended by:
L.N. 425 of 2007.
Reasons exonerating candidates in certain cases of corrupt and illegal practices.
candidate.
Power of courts to except innocent act from being illegal practice, etc.
Authorized excuse for non- compliance with provisions as to return and declaration respecting election expense.
(a) that any act or omission of a candidate at any election, or of any other agent or person, would, by reason of being the payment
of a sum or the incurring of expense in excess of any maximum amount allowed by these regulations, or of being a payment,
engagement, employment, or contract in contravention of these regulations, or of otherwise being in contravention of any
of the provisions of these regulations, be but for this regulation an illegal practice; and
(b) that any such act or omission arose from inadvertence or from accidental miscalculation or from some other reasonable cause of
a like nature, and in any case, did not arise from any want of good faith,
and under the circumstances it seems to the court, after giving the Attorney General an opportunity of being heard, to be just that
the candidate at the said election and other agent and person or any of them, should not be subject to any of the consequences under
these regulations, the court may allow such act or omission to be an exception from the provisions of these regulations which
would otherwise make the same an illegal practice, and thereupon such candidate, agent, or person shall not be subject to
any of the consequences under these regulations of the said act or omission.
(2) Where in any proceedings it appears to the court that any person has refused or failed to make such return or to supply such
parti c u l ars as wi ll en ab le th e can d id at e to co mply with th e p rov isio ns of th ese reg ulat ion s as to the return
and declaration respecting election expenses, the court, before making an order allowing the excuse as in this regulation mentioned,
shall order such person to appear, and shall, unless he attends, and shows cause to the contrary, order him to make the return and
declaration, or to deliver a statement of the particulars required to be contained in the return, as to the court seems just, and
to make or deliver the same within su ch time and to such person and in such manner as the
court may direct, or may order him to be examined with respect to such particulars, and in default of compliance with any such order,
such person shall be guilty of an illegal practice.
(3) The court may allow the excuse conditionally upon the making of a return and declaration in a modified form or within
an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the
objects of these regulations; and an order allowing an authorized excuse shall re li eve the candidate fr om any li ability or consequenc
es under these regulations in respect of the matter excused by the order.
(4) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with
them, is referred to in these regulations as the date of the allowance of the excuse.
PART XV
Grounds for Avoiding Elections
(a) if by reason of general bribery, general treating, or general intimidation, or other misconduct, or other circumstances,
the majority of electors were or may have been prevented from electing candidates whom they preferred;
(b) non-compliance with the provisions of these regulations relating to election if it appears to the court that the
election was not conducted in accordance with the principles laid down in such provisions and that such non-compliance affected
the result of the election;
(c) that a corrupt practice or an illegal practice was committed in connection with the election by the candidate;
(d) that the candidate personally engaged a person as a canvasser or agent knowing that such person had within seven years
previous to such engagement been found guilty of a corrupt practice;
(e) that the candidate was at the time of his election a person disqualified for election as a councillor.
Avoidance by conviction of candidates.
Avoidance of election on other grounds.
PART XVI
Publication of result of election and of counting details.
Publication of Results in each Locality
(2) The Commission shall deposit the declaration aforesaid with the Minister and shall cause a copy of such declaration to
be published without delay in the Gazette.
(3) Every candidate whose name is published in the Gazette in ac corda n ce with t h e prov ision s of regulation 24 (1 ) or who
is declared e l ected in acc orda nce with the provis ions of this regulation shall be considered to be a councillor of that particular
locality.
(4) The Commission shall publish in the Gazette not later than seven days after the end of counting a declaration of the result
of the election which declaration shall include a record of the total votes cast, the total valid and invalid votes, the total votes
credited to each political party, the quota, the first preference credited to each candidate, any transfer of votes made, and of
the total number of votes credited to each candidate after any such transfer, and any such other information as the Electoral Commission
may consider necessary. Such declaration shall be in such form as the Electoral C o m m i ssion m a y det e rm in e as li kely t
o im par t easily al l the information likely to be required by the public.
Preservations of documents.
(a) the spoilt ballot papers; (b) the invalid ballot papers;
(c) the papers at the completion of the counting in the parcel of each elected candidate and of each non- elected
candidate whose papers have not been transferred;
(d) all the non-transferable papers not retained in the parcel of an elected candidate.
(2) The commissioners shall endorse on each packet a description of its contents, the date of the election and the
locality to which they relate.
(3) The Commission shall further preserve for the same period a copy of the declarat ion o f t h e resu lt of the count and of
any document showing the operations of the transfer of each surplus.
(4) Party delegates, candidates, and counting agents shall have the right to affix their seals and signatures to such packets.
PART XVII
Penal Provisions
117. Any person who knowingly makes or subscribes to a false declaration or otherwise gives false information in connection with the registration,
transfer or cancellation of any voter shall be guilty of an offence against these regulations and shall on conviction be liable to
imprisonment for a term not exceeding one month or to a fine (multa) not exceeding one hundred and sixteen euro and forty- seven cents (€116.47) or to both such imprisonment and fine:
Provided that the Minister may, from time to time, by notice i n the Gazette specify hig h er penalties whi c h in no case shall
exceed a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69).
Power of court to order unsealing of packets.
Penalty for giving false information. Substituted by: L.N. 425 of 2007.
118. Every person who misconducts himself in any polling place or contravenes any of the provisions of regulation 35 or 36 or takes
part in any public meeting or public demonstration held in contravention of any of the provisions of these regulations, or fails
to obey the lawful order of the assistant commissioners or other lawful authority in relation to an election, shall on conviction
be liable to a fine (multa) not exceeding one hundred and sixteen euro and forty-seven cents (€116.47):
Provided that the Minister may, from time to time, by notice i n the Gazette specify hig h er penalties whi c h in no case shall
exceed a fine (multa) not exceeding two hundred and thirty-two euro and ninety-four cents (€232.94).
Penalty for misconduct in polling places, etc. Substituted by: L.N. 425 of 2007.
(a) forges or fraudulently defaces or fraudulently destroys any nomination paper or delivers to the commissioner any nomination paper
knowing the same to be forged; or
(b) forges or counterfeits or fraudulently defaces or fraudulently destroys any voting document or ballot paper or
the official mark on any ballot paper; or
(c) without due authority supplies any voting document or ballot paper to any person; or
(d) forges or counterfeits or is in unlawful possession of
Penalty for offences in respect of nomination, etc. Amended by:
L.N. 425 of 2007.
any stamp or seal used by the Chief Electoral Commissioner or the election commissioners or the principal assistant
electoral commissioners or the assistant commissioners;
(e) is in unlawful possession of any voting document or ballot paper; or
(f) fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or
(g) fraudulently takes out of the polling place any ballot paper; or
(h) without due authority, destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers
then in use for the purpose of the election,
shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (€1,164.69) or to imprisonment for
a term not exceeding six months or to both such fine and imprisonment:
Provided that the Minister may, from time to time, by notice in the Gazette specify h i gher pe nalties which in no case shall exceed
a fine (multa) not exceeding six thousand and nine hundred and eighty euro (€6,980).
(2) Every person who aids or abets the commission of an offence un der t h i s r e gu lat i o n or at temp ts to co mmi
t any s u ch offence shall be liable, on conviction, to the punishment provided for the offence.
Infringement of secrecy as to manner of voting. Substituted by: L.N. 425 of 2007.
120. Every principal assistant electoral commissioner and every assistant commissioner who shall reveal the manner of voting of any voter
when such manner of voting shall hav e come to his knowledge in the course of the exercise of his functions under these regulations
shall be guilty of an offence, and shall, on conviction, be liable to a fine (multa) not exceeding two hundred and thirty euro (€230) or to imprisonment for a term not exceeding one month or to both such fine and
imprisonment:
Provided that the Minister may, from time to time, by notice in the Gazette specify h i gher pe nalties which in no case shall exceed
a fine (multa) not exceeding one thousand and one hundred and sixty euro (€1,160).
Prohibition of activities capable of influencing
voters immediately before the election.
Amended by:
L.N. 425 of 2007.
statement or declaration on any m atter afor esaid or knowingly di stribute any n e wspaper, printed m a tter, or other means of communication,
or any statement or declaration as aforesaid, and any person acting in contravention of any of the provisions of this reg u lat i
on sha ll be l i ab le o n conv ict i on to a fi ne ( mu lta ) not exceeding one thousand and one hundred and sixty euro (€1,160) or to imprisonment for a term not exceeding six months or to
both such fine and imprisonment:
Provided that the Minister may, from time to time, by notice i n the Gazette specify hig h er penalties whi c h in no case shall exceed
a fine (multa) not exceeding six thousand and nine hundred and eighty euro (€6,980).
(2) Every person who aids or abets the commission of an o ff e nce u n d e r th is reg u l a ti on o r att e mpt s to
co mmi t any su ch offence, shall be liable on conviction to the punishment provided for the offence.
(2) Any criminal proceedings for offences under these regulations shall be brought before the Courts of Magistrates
and su bj ect to t h e fo ll owin g pr ov isi o n s o f th is reg u l a t i o n , t h e p r ov isi ons of the Cri min al Cod e shall apply to any such proceedings.
(3) Notwithstanding anything contained in the Probation Act, a person who commits any offence under these regulations shall be convicted and sentenced in respect of that offence and may not
be placed on probation or discharged under that Act.
(4) Every decision of the Courts of Magistrates in respect of an offence under th ese regulations, may, in all cas es, be a ppealed
against by the Attorney General and by the party convicted.
PART XVIII
Saving as to Right of Political Parties
Competent courts.
Cap. 9. Cap. 446.
Non-exercise of certain rights.
Right to information in electro-magnetic format.
FIRST SCHEDULE
[Regulation 4]
Form of Oath of Office to be taken by the Election Commissioners
I, ............................................... *Chief Electoral Commissioner/Electoral Commissioner do swear/affirm that I will faithfully perform the duties of Commissioner to conduct the election of Local Councils according to law. (So help me God.)
* delete where necessary
SECOND SCHEDULE
[Regulation 8 (a)]
Form of Application for a Person who is not a Citizen of Malta for Registration as a Voter for Local Councils
To the Electoral Commission, Valletta, Malta
Surname ............................................. I.D. Card No ........................................ Name................................................................................................................
Place of birth .................................................................................................... Date of birth
..................................................................................................... Nationality ..............................................
Passport Number ............................. Place of ordinary residence ...............................................................................
Name of town or village ................................................................................... Street and number of
premises........................................................................... Name and surname of applicant’s father ............................................................
His place of birth .................................... His nationality*................................
* (if applicant's father is dead, give his nationality at the time of his death)
Name and maiden surname of applicant’s mother .............................................. Her place of birth .................................... Her nationality **.............................
** (if applicant's mother is dead, give her nationality at the time of her death)
I hereby apply to be registered as a voter for ................................................... (1) electoral division in accordance
with the Local Councils Act, 1993, to be registered as a voter for the election of councillors.
Date ..........................
(1) Insert name of locality.
....................................................
Signature or mark of applicant
FOR OFFICIAL USE ONLY
Remarks
............/.........../.......... Vtd. .......................................... Chd..........................................
THIRD SCHEDULE
[Regulation 8 (b)]
Form of Corrections or Transfers (Local Councils)
for a Person who is not a Citizen of Malta
To the Electoral Commission:
I (1) ................................................. I.D. Card No. .................................................. formerly
residing at (2) ..................................................................., do hereby give notice that I have transferred
my residence to (3) ......................................................
.................................................................................................................................
Date ....................................
..........................................................
Signature or mark of applicant (4)
..........................................................
Signature and I.D. of witness
Address of witness ...................................................................................................
(1) Name and surname (also nickname, if any)
(2) Former address as shown on the Local Councils’ Electoral Register
(3) Present address
(4) Should applicant be unable to write, the person filling in the form is to affix his or her signature and furnish his or
her full address and I.D. Card No. below applicant’s mark.
FOURTH SCHEDULE
[Regulation 8(c)]
Form of Application for a Person who is not a Citizen of Malta for the Correction of Designation or Address (Local Councils)
To the Electoral Commissioner:
My name (and/or my address*) appearing in the Local Councils’ Electoral Register under (1) .......................................................................................
has been wrongly designated and I hereby apply that my name (and/or my address*) be corrected as follows (2) ...............................................................................................................
Date ................................................
............................................................. (3) Signature or mark of applicant
.............................................................
Signature and I.D. of witness
Address of witness ...................................................................................................
(*) Cancel the words which do not apply
(1) Locality, full address and I.D. Card Number as shown on the Local Councils’ Electoral Register
(2) State correction desired to be made
(3) Should applicant be unable to write, the person filling in the form is to affix his or her signature and furnish his or her
full address and I.D. Card No. below applicant’s mark.
FIFTH SCHEDULE
[Regulation 8(d)]
Form of Application by female electors who are not Citizens of Malta for the
correction of surname and address in consequence of marriage (Local Councils)
To the Electoral Commission:
As (1) on the.............................I married (2) ........................I.D. Number................ I (3) ......................................................I.D.
Number ................................, formerly residing at (4) ............................................................ and
registered as an elector under that address, do hereby apply that my surname (and/or address *) be now shown as follows (5) .................................................................................................
Date ...................
........................................................ (6) Signature or mark of applicant
........................................................
Signature and I.D. of witness
Address of witness .....................................................................:...................
* Cancel the words which do not apply.
(1) Date of marriage.
(2) Name, surname in full and I.D. Number of applicant’s husband.
(3) Maiden surname (also nickname, if any) and I.D. Number of applicant. (4) Address as shown on Local Councils’ Electoral
Register.
(5) Present address.
(6) Should applicant be unable to write, the person filling in the form is to affix his signature and furnish his full address
and I.D. Number below applicant’s mark.
SIXTH SCHEDULE
[Regulation 15]
Form of Notice by the Electoral Commission
The Electoral Commission established in terms of article 60 of the Constitution hereby notifies that in virtue of the provisions
of the Local Councils Act, an election is being held in the locality/localities of .......................................................
* on Saturday, .................................................................................................
..........................................
Chief Electoral Commissioner
* complete as necessary
SEVENTH SCHEDULE
[Regulation 17]
Form of Voting Document
EIGHTH SCHEDULE
[Regulation 20]
Form of Ballot Paper
NINTH SCHEDULE
[Regulation 22]
Form of Nomination Paper
To the Election Commissioners
We, the undersigned, being voters entitled to vote at an election of Local Councils and being registered on the Local
Councils’ Electoral Register for (1)................................... Electoral Division, do
hereby nominate (2)................................... as a candidate
for the said division and in the interests of the (3) .....................................................
I, (2) ......................................... residing at .............................................................. consent
to the above nomination and that my name on the ballot paper be indicated as (4) .....................................
Date
....................................................
Signature of candidate
(or of lawful representative
as the case may be)
(1) Name of locality
(2) Name, surname, address, and I.D. Card No. and occupation of person nominated.
(3) Name of political party
(4) Surname and name.
TENTH SCHEDULE
[Regulation 26, 56]
Form of Oath to be taken by Principal Assistant Electoral Commissioners and
Assistant Electoral Commissioners
I, .................................................................................. Principal Assistant Election Commissioner/Assistant
Election Commissioner* duly appointed to supervise the taking of the poll at the election of the Local Council of ...........................................
swear/ affirm that I will faithfully perform the duties of such office according to the provisions of the law, and to report
by letter addressed to the Minister any irregularity observed by me in the conduct of the election.
I also swear/affirm to maintain secrecy regarding the vote given by any elector which may become known to me. (So help me God.)
Date ........................
Signature ................................................. I.D. Card No ............................................
* delete as necessary
ELEVENTH SCHEDULE
[Regulation 39]
Form of oath which an Assistant Commissioner may administer to a Voter
I, (1) ......................................................................................................................... of
(2) ...................................................................... do swear/affirm that I am the
same person whose name appears as A.B. in the Local Councils’ Electoral Register
and that I have not already voted either here or elsewhere at this election for Local councillors. (So help me God.)
Date.................................. Signature or mark of voter .............................................. Sworn/Affirmed before
me this ...........................day of ...........................................
............................................................
Signature of Assistant Election
Commissioner
(1) Name in full
(2) Address and I.D. Card Number of voter
TWELFTH SCHEDULE
[Regulation 87]
Declaration of Result of Poll
Name of Locality ....................................................................... Election of Councillors for the above Locality
in the year ...........
We, the undersigned, being the Electoral Commissioners at the poll for the election of Councillors for the s a id Locality held
on the ......... . .................. day of
......................... of the year .........................., do hereby give notice that the result of the Poll and of the transfer
of votes is as follows:
Number of valid votes ................................................................ Number of councillors to be elected ..........................................
Quota (number of votes sufficient to
secure election of a candidate) ...............................................
And we do hereby declare the said ............................................................................ duly elected Councillors
for the said Locality.
Dated this ....................................day of ............................of the year ....................
....................................................
Electoral Commissioners
THIRTEENTH SCHEDULE
[Regulation 101]
Return of Election Expenses
1. Under the head of receipts there shall be shown the name and description of every person (including the candidate), club,
society or association from whom any money, security, or equivalent of mo ney was received in re s p ect of expense s incurred on
account of or in connection with or incidental to the election, and the amount received from each person, club, society or association
separately.
2. Under the head of expenditure there shall be shown:
(a) the personal expenses of the candidate incurred or paid by him;
(b) the name, the rate, and total amount of the pay of each person employed as an agent, assistants or professional people;
(c) the travelling expenses and any other expenses incurred by the candidate on account of agents, assistants or professional
people;
(d) the travelling expenses of persons, whether in receipt of a salary or not, incurred in connection with the candidature and
whether paid or incurred by the candidate or the person so travelling;
(e) the cost whether paid or incurred, of: (i) printing;
(ii) advertising;
(iii) stationery; (iv) postage;
(v) telegrams;
(vi) rooms hired either for public meetings or as committee rooms; (f) any other miscellaneous expenses, whether paid or incurred.
Note:
1) All expenses incurred in connection with the candidature whether paid by the candidate or any other persons, or remaining
unpaid on the date of the return are to be set out.
2) For all items over twenty-five cents unless from the nature of the case (e.g. postage) a receipt is not obtainable, vouchers
have to be attached.
3) All sums paid out, but for which no receipt is attached, are to be set out in detail with dates of payments.
4) All sums unpaid are to be set out in a separate list.
FORM OF DECLARATION BY CANDIDATE
I, ................................................................................................, being a candidate for election
in the locality of ........................................................., do hereby swear/ affirm that the above return of election
expenses is true to the best of my knowledge and belief, and that, except the expenses therein set out, no expenses of any nature
whatsoever have to my knowledge or belief been incurred in connection with or for the purposes of my candidature.
..........................................
Candidate
Sworn/Affirmed before me
.....................................................
Magistrate/Commissioner for Justice/Commissioner of Oaths
FOURTEENTH SCHEDULE
[Regulation 34 (3)]
Form to be affixed in each Polling Booth
1. Vote by placing the figure 1 opposite the name of the candidate you most desire to see elected.
2. You are invited (and it is advisable to place) the figure 2 opposite the name of your second choice, the figure 3 opposite the
name of your third choice, and so on.
3. It is advisable to go on numbering the candidates in the order of your preference until you are indifferent as to the candidates
whom you have not marked.
4. If you do not place the figure 1 on your ballot paper or if you place the figure 1 (indicating a first preference) and some
other figure opposite the same name, or if you place the figure 1 opposite the name of more than one candidate, your ballot paper
will be invalid and will not be counted.
5. Do not vote with an X.
6. If you inadvertently spoil a ballot paper you may return it to the Assistant Commiss ioner , who wil l , if satisfi ed
of such inadvertence, give you another paper.
FOURTH SCHEDULE Amended by: L.N. 53 of 1995;
(Article 33)
Items excluded from responsibility of Local
Councils
L.N. 272 of 2005; L.N. 231 of 2011.
Industrial Areas:
Attard Industrial Estate Limits of H’Attard
Bulebel Industrial Estate Limits of |ejtun
}al Far Industrial Estate Limits of Bir\ebbu[a
Kordin Industrial Estate Limits of Paola Luqa Industrial Estate
Limits of }al Luqa Marsa Industrial Estate Limits of Marsa Ricasoli Industrial
Estate Limits of Kalkara
San {wann Industrial Estate Limits of San {wann Xewkija Industrial Estate
Limits of Xewkija Mosta Technopark Limits of Mosta
Gozo Crafts Village Limits of G]arb Ta’ Qali Crafts Village
Limits of H’Attard Mosta Industrial Zone (Tar[a Gap) Limits of Mosta Mosta Industrial Zone (Tas-Sriedek)
Limits of Mosta
Mrie]el Industrial Zone Limits of Birkirkara
Tal-}andaq Industrial Zone Limits of }al Qormi (¬ittà Pinto) Malta Drydocks
Bormla
Malta Freeport Limits of Bir\ebbu[a Malta Shipbuilding
Limits of Marsa Delimara Power Station Limits of Marsaxlokk Marsa
Power Station Limits of Marsa Airport
Limits of }al Luqa Ta’ Lambert Heliport Limits of Xewkija
Bus Terminus Il-Belt Valletta (¬ittà Umilissima) Bus Terminus
Ir-Rabat (¬ittà Victoria) Albertown Reverse Osmosis Plant Limits
of Marsa
~irkewwa Reverse Osmosis Plant Limits of Mellie]a G]ar Lapsi Reverse Osmosis Plant Limits
of Si[[iewi Pembroke Reverse Osmosis Plant Limits of Pembroke Tignè Reverse Osmosis Plant
Tas-Sliema
Gas Installation Limits of Bir\ebbu[a Petroleum Installation
Limits of Bir\ebbu[a Sant’ Antnin Solid Waste Plant Limits of Marsaskala Sant’
Antnin Sewage Plant Limits of Marsaskala All the Ports listed in the First Schedule to the Maritime
Authority Act.
Social and Health Centres:
University of Malta L-Imsida
Craig Hospital Ir-Rabat (¬ittà Victoria) Gozo Mental Hospital
Ir-Rabat (¬ittà Victoria) Mental Hospital
Limits of Xewkija
Mount Carmel Hospital Limits of }’Attard
St Luke’s Hospital Tal-Pieta
St Vincent de Paul Hospital Limits of }al Luqa
Sir Paul Boffa Hospital Floriana Zammit Clapp Hospital
San {iljan Mag]tab Dumping Site Limits of Naxxar Wied Fulija Dumping Site
Limits of |urrieq Qortin Dumping Site Ix-Xag]ra
Government Ministry Buildings (ex Beltisseb]) Floriana
Marsa Sports Complex Limits of Marsa National Swimming Pool
Limits of Marsaskala Site for National Tennis Centre Pembroke
Water Sports Complex Marsalforn |ebbu[, Gozo
Ta’ Qali National Football Stadium Limits of }’Attard
Gozo Stadium Ir-Rabat (¬ittà Victoria) Ta’ Qali Basketball Pavilion
Limits of }’Attard Kordin Sports Complex Limits
of Paola
Tignè Football Ground Sliema
University Sports Complex L-Imsida
Bidnija Shooting Range Limits of San Pawl il-Ba]ar
Gozo Sports Complex Rabat, Gozo Military Shooting Ranges
Limits of Pembroke Clay Pigeon Shooting Range I\-|ebbu[
Tax-Xhajma Racecourse Xewkija
Cemeteries:
Addolarata Cemetery Limits of Paola Ta’ Braxia Cemetery
Limits of }amrun Kalkara Cemetery Kalkara
Msida Bastions Cemetery Floriana
L-Imtarfa Cemetery Limits of }’Attard
St. Mary’s Cemetery Limits of Rabat, Gozo
Parks and Heritage Sites:
(Forts and fortifications to include moats, glacis and those components of the forts or fortifications which though not obvious are
part of them)
Buskett Limits of Si[[iewi Ta’ Qali
Limits of }’Attard G]adira
Limits of Mellie]a Simar San Pawl il-Ba]ar
Comino
Cominotto
Filfla
Fungus Rock
Manoel Island
St Paul’s Islands
{[antija Limits of Ix-Xag]ra
}a[ar Qim Limits of Qrendi
Birgu Fortifications
Bormla Fortifications
~ittadella Fortifications Ir-Rabat (¬ittà Victoria) Floriana Fortifications
Mdina Fortifications Senglea Fortifications Valletta Fortifications Fort Manoel
Fort Ricasoli Fort St. Angelo Fort St. Elmo
Fort Chambrai Limits of G]ajnsielem
Cottonera Lines
Victoria Lines
City Gate Il-Belt Valletta (¬ittà Umilissima) Portes des Bombes
Floriana
Wignacourt Aqueduct and Fountain
All archaeological sites registered with the Museums Department
Gardens and Monuments:
Independence Arena Floriana
The Mall Floriana
Lower Barrakka Gardens Il-Belt Valletta (¬ittà Umilissima) Upper Barrakka Gardens
Il-Belt Valletta (¬ittà Umilissima) Argotti Botanical Gardens
Floriana
Rundle Gardens Rabat, Gozo
San Anton Palace Gardens }’Attard
Verdala Palace Gardens Siggiewi
Independence Monument Floriana
Great Siege Monument Il-Belt Valletta (¬ittà Umilissima) Siege Bell Monument
Il-Belt Valletta (¬ittà Umilissima) War Memorial
Floriana
RAF Memorial Floriana
Sette Giugno Monument Il-Belt Valletta (¬ittà Umilissima) Sette Giugno Memorial
Rabat, Gozo
31 March 1979 Monument Il-Birgu (¬ittà Vittoriosa)
Enrico Mizzi Monument Il-Belt Valletta (¬ittà Umilissima)
{or[ Bor[ Olivier Monument Il-Belt Valletta (¬ittà Umilissima) Pawlu Boffa Monument
Il-Belt Valletta (¬ittà Umilissima) Christ the King Monument
Floriana
Christ the King Monument Rabat, Gozo
Dun Mikiel Xerri Monument Il-Belt Valletta (¬ittà Umilissima) Anton Buti[ie[ Monument
Il-}amrun
Manwel Dimech Monument Il-Belt Valletta (¬ittà Umilissima) Spencer Monument
Il-}amrun
Queen Victoria Monument Il-Belt Valletta (¬ittà Umilissima) Manoel de Vilhena Monument
Floriana
Roads:
The arterial and distributor roads determined by the Structure Plan.
FIFTH SCHEDULE
[Article 24]
Oath of Office of Councillors /Mayor/Deputy Mayor
I,.............................................................. duly elected councillor for the locality of
................................................................solemnly swear/affirm that I will faithfully and conscientio usly
perf orm m y dutie s as Cou ncillor /Mayor /Dep uty Mayor * in
acco r dan ce wi th t h e p r ov ision s of Th e Local Coun ci ls Act , 1993 , and the
Constitution of Malta.
* Delete where necessary
Amended by: XXI. 1999.3,41; I. 2005.22;
XVI. 2009.45.
Chairing of meetings.
SIXTH SCHEDULE
[Article 43]
Standing Orders
(2) In the absence of the Mayor the person presiding the meeting shall exercise all the functions of the Mayor according
to these standing orders.
(3) The procedures to be followed in the conduct of meetings of committees of the Council shall, unless the contrary intention
appears, be those outlined in these standing orders.
(4) Any reference in these standing orders to a councillor or a member of a Council shall be construed as reference to a Mayor
or Deputy Mayor as the case m ay be unless the contrary intention appears.
Quorum. Amended by: XXI. 1999.41; XVI. 2009.45.
(2) If a quorum is not present when the Council meets or if durin g a meeting the nu m b er o f councillo rs present and n o
t debarred by reason of a declared interest falls below the quorum, the business not transacted at that meeting shall be transacted
at the next meeting or on such other day as the Mayor may fix:
Provided that this meeting shall not be held before the lapse of two working days from the meeting which was not held due to lack
of quorum:
Provided further that the Mayor or whoever is presiding shall wait for up to half an hour from the established time before declaring
lack of quorum:
Provided further that if two consecutive meetings of the Cou n cil are adjou r ned due to a lack of q uorum, th e q uorum necessary
for th e transact ion of such business at th e next subs equent meeting shall be re duced to fifty per cent of the members in office
and not debarred from attending due to conflict of interest. In the event that such reduced number for the quorum is not a w hole
number, the quoru m will b e redu ced to t he hi ghest whole number below fifty per cent which should be at least two members.
(3) In the minutes of that meeting the Executive Secretary shall reg i ster the Councill ors presen t, the ti me elapsed before
th e meeting was deferred and the day and time of the deferred meeting.
Voting. Amended by: XXI.1999.3, 41.
(2) If a member so requests, the Executive Secretary shall record the names of the members who voted on any question so
as to show whether they voted for or against it.
(3) The person presiding may give an original vote on any
matter put to the vote, and in the case of an equality of votes may give a casting vote even though he gave an original vote:
Provided that the person presiding shall not give a casting vote if there is an equality of votes in an election for Mayor or Deputy
Mayor.
(4) Where more than two persons have been nominated for any position to be filled by the Council and of the votes given there is
not an absolute majority of the Council as constituted in favour of one person, the name of the person having the least number of
votes shall be struck off the list and a fresh vote taken, and so on until such majority of votes is given in favour of one person.
(a) To declare as elected or elect a Mayor, and/or chairmen of committees or sub-committees as required.
(b) To receive the Mayor ’s and/or chairmen’s declaration of acceptance of office or, if not then received, to decide
when it shall be received.
(c) In the ordinary year of election of the Council to fill any vacancies left unfilled at the election by reason of insufficient
nominations.
(d) To decide when any declarations of acceptance of office which have not been received shall be received.
(e) To elect a Deputy Mayor where such office exists. (f) To appoint committees.
First meeting of the Council after election.
(a) To read and consider the minutes:
Provided that if a copy has been circulated to each member before the meeting, the minutes may be taken as read.
(b) After consideration, to approve that the Mayor and the Executive Secretary sign the minutes as a correct record.
(c) To deal with business expressly required by law or regulation to be done.
(d) To consider any matters arising from the previous minutes and to dispose of business, if any, remaining from the last
meeting.
(e) To receive such communications as the Mayor may wish to lay before the Council.
(f) To answer questions from councillors.
(g) To receive and consider reports and minutes of committees and sub-committees.
Order of business.
Amended by:
XXI. 1999.41;
XVI. 2009.45.
(h) To receive and consider reports from officers of the
Council.
(i) To authorise the sealing of documents as provided in standing order 25.
(j) To authorise the signing of orders for payment.
(k) To consider motions or recommendations in the order in which they have been notified.
(l) To deal with any other business specified in the summons.
(m) In every Local Council meeting the last item of the agenda shall be the adjournment of the meeting when the date and time of
the next Council meeting shall be fixed.
If there is no unanimous agreement when the next meeting is to be held, the date and time shall be decided by a
vote requiring a simple majority.
Such date and time shall not be changed for any reason and the Executive Secretary and the Mayor shall ensure that the agenda
of the next meeting is delivered to the Councillors at least five days before the date of the meeting. In this manner the Councillors
shall have the opportunity to prepare for what will be discussed during the meeting.
Motion of urgency. 6. A motion to vary the order of business on the ground of urgency -
(a) may be proposed by the Mayor or by any member and, if proposed by the Mayor may be put to the vote without being seconded,
and
(b) shall be put to the vote without discussion.
Motion to he put on the agenda. Amended by: XXI.1999.3, 41.
Duties of Executive Secretary in connection with motions. Amended by: XXI.1999.3.
(2) The Executive Secretary shall insert in the summons for every meeting all notices of motion or recommendation properly given in the order in which they have been received unless the member giving a noti ce of motion has st ated in wr iti ng that he intends to move at some later meeting or that he withdraws it.
Provided that the Mayor, if he considers it to be a matter of urgency, may allow it to be dealt with at the meeting at which it was moved.
When motion is to be treated as withdrawn. Amended by:
XXI. 1999.41
Motion falling within the province of a committee of the Council. Amended by:
XXI. 1999.41.
(a) revoked by Act XXI.1999.41.
(b) To correct the minutes. (c) To approve the minutes.
(d) To alter the order of business. (e) To proceed to the next business. (f) To close or adjourn the debate. (g) To refer a matter to a committee.
(h) To appoint a committee or any members thereof. (i) To adopt a report.
(j) To authorise the sealing of documents. (k) To amend a resolution.
(l) To give leave to withdraw a resolution or an amendment.
(m) To extend the time limit for speeches.
(n) To silence or eject from the meeting a member named for misconduct.
(o) To invite a member to declare an interest in the subject matter under debate.
(p) To give the consent of the Council where such consent is required by these standing orders.
(q) To adjourn the meeting.
Motions to be relevant. Amended by: XXI. 1999.41.
Motions moved without notice. Amended by: XXI. 1999.41.
(2) No questions not connected with business under discussion shall be asked except during the part of the meeting set aside for questions.
Questions. Amended by: XXI.1999.3.
(3) Every question shall be put and answered without discussion.
No discussions on minutes except on accuracy. Substituted by: XXI. 1999.41.
(2) All corrections shall be initialled by the Mayor and the Executive Secretary in the margin, and copies of corrected
minutes shall be given to each councillor.
(3) The items which have been corrected shall be clearly indicated in the minutes rec o rding the me eting when such corrections
have been approved.
(4) No other item on the agenda, unless otherwise decided by the Council, shall be discussed and considered unless the minutes
of the preceding meeting are approved and signed:
Provided that the Council may only decide to proceed with the business on the agenda without discussion, consideration or approval
of the minutes of the preceding meeting if and when the meeting is an urgent meeting of the Council or, where the minutes hav e no
t been d u l y pr ep ared due to circ umsta n ces which the Council considers to be reasonable and the Council shall not decide on
the reas onablenes s un less the Executive Secret ary has duly in formed t h e Council of the reasons wh ich may justify the circumstances
for failing to present the minutes.
Formal records.
Added by:
XXI. 1999.41.
Amended by:
XVI. 2009.45.
(2) The minutes shall be -
(a) brief, so as to provide a record of the subject matters discussed and the decisions reached;
(b) accurate, so that they present a true record of the proceedings; and
(c) clear, so that those absent from a meeting can be fully informed of the proceedings and so that there is no doubt about previous
deliberations.
(3) The minutes shall contain -
(a) the number and date of the meeting, including the time of commencement and ending;
(b) the members present, who is in the chair, and apologies for absence;
(c) numbered paragraphs;
(d) all motions and amendments in the exact form that they are proposed, and the names of the proposer and seconder;
(e) the results of any voting, with special mention of casting vote, when exercised;
(f) the Chairman’s decision on points of order; (g) the entry and exit times of Councillors;
(h) the date and time of the next meeting.
(4) There shall also be attached to the minutes any documentation which is deemed necessary in order to keep the
minutes as brief as possib le, su ch as motions and schedules of payment.
(5) The minutes held by the Executive Secretary, as approved by the Council, shall be deemed to be the official minutes of the
Council.
(6) The minutes become public documents as soon as they are approved b y t h e Co unci l and si gned by t h e Ch airman and th
e Executive Secretary;
(7) When the minutes are approved, the Chairman shall also put his initials on each page.
(8) The Executive Secretary shall cause the approved minutes to be prop erl y fi led an d h e sh all b e respon sib l e fo r th
eir safe c u s t ody. The Executive Secretary s h a l l also ensure that the approved minutes are posted on the official website
of the Council.
(9) A Council may, by resolution, approve the recording or other registration of proceedings for the purpose only of facilitating
the drawing up of the minutes. Such recordings or registrations may be destroyed after the approval of the minutes of the meeting
to which they relate.
(2) A member when seconding a motion or amendment may, if he then declare his intention to do so, reserve his speech until a later
period of the debate.
(3) A member shall direct his intervention to the question under discussion or to a personal explanation or to a question
of order.
(4) An intervention by a mover of a motion shall not exceed ten minutes, and no other interve n tion s h a l l exceed five minutes,
except by consent of the Council.
(5) An amendment shall be either: (a) To leave out words.
(b) To leave out words and insert or add others.
(c) To insert or add words.
(6) An amendment shall not have the effect of negating the motion before the Council.
(7) If an amendment be carried, the motion, as amended, shall
Rules of debate. Amended by: XXI. 1999.41.
resolution upon which any further amendment may be moved.
(8) A further amendment shall not be moved until the Council has disposed of every amendment previously moved.
(9) A member, other than the mover of a motion, shall not, without le ave of the Council, speak more than onc e on any resolution
except to move an amendment or further amendment, or on an amen d m en t, o r o n a po i n t of or der , or i n p e rs
on al explanation, or to move a closure.
(10) A member shall be heard forthwith when he intervenes to m a ke a point o f ord e r or a p e rson al ex planation. A personal
explanation shall be confined to some material part of a former intervention by him which may have been misunderstood.
(11) A motion or amendment may be withdrawn by the proposer with the consent of the Council, which shall be signified without discussion,
and no member may speak upon it after permission has been asked for its withdrawal unless such permission ha s been refused.
(12) When a motion is under debate no other motion shall be moved except the following:
(a) To amend the motion.
(b) To proceed to the next business. (c) To adjourn the debate.
(d) That the question be now put.
(e) That a member named be not further heard. (f) That a member named do leave the meeting.
(g) That the motion be referred to a committee or sub- committee.
(h) To adjourn the meeting.
Member to remain seated.
Rulings given by Mayor. Substituted by: XXI. 1999.41.
17. (1) The Mayor shall give ruling - (a) on a point of order;
(b) on the admissibility of a personal explanation; or
(c) on the orderly conduct of any member as provided in standing order 20.
(2) The rulings given by the Mayor shall not be discussed.
Rules of motion and debate. Amended by: XXI. 1999.41.
(2) If two or more members wish to intervene, the Mayor shall call upon one of them to speak first.
(3) Whenever the Mayor or a member is speaking during a debate, all other members shall remain seated.
(4) At the end of any intervention a member may, without
comment, move "that the question be now put", "that the debate be n o w adj o ur ned " or "t hat th e Co
un ci l do no w ad jo u r n " . I f su ch motion is seconded, the Mayor shall put the motion but, in the case of a motion "to
put the question", he shall do so only if he is of the opinion that the question before the Council has been sufficiently debated.
If the motion "that the question be now put" is carried, he shall call upon the mover to exercise or waive his right of
reply and shal l put the question immedi ately after t h at right has been exercised or waived. The adjournment of a debate or of
the Council shall not prejudice the mover ’s right of reply at the resumption.
(2) If, in the opinion of the Mayor, a member has broken the provisions of paragraph (1) of this standing order, the Mayor shall
express that opinion to the Council and thereafter any member may mov e that t h e m e m b er named be no longer heard or that t
h e member named do leave the meeting, and the motion, if seconded, shall be put forthwith and without discussion.
(3) If either of the motions mentioned in paragraph (2) is disobeyed, the Mayor may suspend the meeting or take such further
steps as may reasonably be necessary to enforce them.
Adjournment and subsequent proceedings.
Disorderly conduct.
(2) When a special resolution or any other resolution moved under the provisions of paragraph (1) of this standing order has been disposed of, no similar resolution may be moved within a further six months.
Right to reply. Amended by: XXI. 1999.41.
Alteration of resolution. Amended by: XXI. 1999.41.
Rescission of previous resolution. Amended by: XXI. 1999.41.
expenditure. Amended by: XXI. 1999.41.
Sealing of documents. Amended by: XXI.1999.3, 41.
a recommendation of the committee responsible for finance or of an other committee aft e r recommen d ation by t h e commi ttee responsible for finance and which, if carried, would, in the opinion o f th e M a yo r, su bsta nt ial l y i n crease the expenditure upon a n y service which is under the management of or reduce the revenue at the disposal of any committee, or wh ic h wo ul d involve capit al expenditure, shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council, and any committee affected by it shall consider whether it desires to report thereon (and the committee responsible for finance shall report on the financial aspect of the matter).
Council unless its sealing has been authorised by a resolution.
(2) The Council’s Seal shall alone be used for authenticating Council documents and deeds. It shall be applied by the Executive
Secretary in the presence of two councillors who shall sign the document as witnesses.
(3) The seal shall be kept in the custody of the Executive
Secretary.
Committees. 26. (1) The Council may at its first meeting, or at any other time, appoint such committees as are necessary, and subject to any provision in any law or regulation:
(a) may appoint persons other than members of the
Council to any committee; and
(b) may, subject to the provisions of standing order 23, at any time dissolve or alter the membership of a committee.
(2) The Mayor shall be an ex officio member of every committee.
Summoning of committee.
Quorum of committees.
Sub-committees. Amended by: XXI. 1999.3, 41; XVI. 2009.45.
(2) The Executive Secretary shall inform the members of every sub-committee of the terms of reference of the sub-committee.
(3) A sub-committee may make recommendations and give notice thereof to the Council.
(4) A sub-committee may consist wholly of persons who are not members of the Council.
(5) Sub-Committees appointed by the Council shall be directly answerable to the Local Council.
(2) Chairmen of committees and sub-committees shall in the case of equality of votes have a second or casting vote.
Voting in committees or sub- committees. Amended by:
XXI. 1999.41.
32.(1) (a) Orders for the payment of money shall be authorised by resolution of the Council and signed by two councillors.
(b) The Executive Secretary shall attach a copy of the Schedule of Payments and a copy of each related document with
the agenda when forwarding the said agenda to the Councillors.
(c) During the meeting requests for payment received after the agenda for that meeting was sent may be brought up.
(d) The Executive Secretary shall mark on each invoice the word "approved" and the date and reference of the meeting when
approval was given.
(2) Except as provided in paragraph (3) of this standing order or by any other law or regulation, all accounts for payment and
claims upon the Council shall be laid before the Council.
(3) Where it is necessary to make a payment before it has been authorised by the Council, such payment shall be certified as to
its correctness and urgency by the Executive Secretary. Such payment shall be authorised by the committee having charge of the business
to which it relates, or by the Executive Secretary with the approval of the Mayor.
(4) All payments ratified under paragraph (3) of this standing order shall be separately included in the next schedule of payments
laid before the Council.
Presence of councillors at committee or sub- committee meetings. Amended by:
XXI. 1999.41.
Accounts and Financial Statement. Amended by: XXI. 1999.3, 41; XVI. 2009.45.
(2) A member of the Council or of any committee shall not solicit for any person any appoi ntmen t under the Council or recommend any person for such appointment or for promotion.
Canvassing of and recommendations by members. Amended by: XXI.1999.3, 41.
Inspection of documents. Amended by: XXI. 1999.41.
(2) All minutes kept by the Council and by any committee shall be open for the inspection of any member of the Council and the public.
Authorised activities.
Bye-laws. Amended by: XXI.1999.3, 41.
(a) inspect any lands or premises which the Council has a right or duty to inspect; or
(b) issue orders, instructions or directions;
unless authorised to do so by the Council or the relevant committee or sub-committee.
(2) Draft Bye-Laws shall include the title, the objects and reasons, short marginal notes, articles, sub-articles, paragraphs
and sub-paragraphs individually numbered.
(3) Draft Bye-Laws duly signed by a proposer and a seconder shall be put on the agenda of a Council not less than four weeks and
not more than eight weeks from the date on which they have been received by the Executive Secretary.
(4) The Executive Secretary shall, on receipt of draft Bye- Laws, cause a copy thereof to be transmitted or delivered to
each councillor in both languages. Should the Minister forward to the Co uncil an y amendment s to the pr opo sed Bye-Laws, such
amendments shall li kewise be transmitted or delivered to each councillor by the Executive Secretary forthwith:
Provided that the draft Bye-Laws or any amendments thereto shall be transmitted or delivered to each councillor in type- written
or printed form.
(5) When draft Bye-Laws are brought up for discussion by the Council, the proposer shall summarise the objects and reasons for
the motion in an intervention which shall not exceed five minutes. N o deb at e sh al l be hel d o n th e motion and the ch airma
n of the meeting shall bring the objects and reasons of the draft Bye-Laws to a vote.
(6) Once the objects and reasons have been approved, the Council may at the same sitting proceed to discuss the draft Bye-
Laws article by article allowing for the draft Bye-Laws and any amendments thereto to be approved by a majority of those present:
Provided that amendments to the draft Bye-Laws shall be relevant to the subject matter of the Bye-Laws.
(7) On the approval of all articles by the Council, the Mayor may order that, in the case where amendments have been made, a newly
typed version be produced and shall cause a copy thereof to be transmitted or delivered to each councillor and submitted to the Director
in terms of article 35(3).
(8) (a) After the lapse of the period of six weeks established by article 35(4) of the Act or after the Council has received any amendments
by the Minister, whichever is th e earli er, t h e Cou n cil sh all ei ther discuss th e amendments proposed by the Minister or
approve the Bye-Laws as originally proposed, as the case may be.
(b) If the Minister has not proposed any amendments as aforesaid, the Bye-Laws as originally proposed shall be approved without
debate.
(9) Draft Bye-Laws which are not approved by the Council or which are objected to by th e Minister shall not be tabled again before
a period of six months from the date when they have been objected to or not approved as the case may be.
(a) the date on which the request was received;
(b) the name of the authority consulting the Council; (c) the name of the applicant;
(d) the place to which it relates; and
(e) a summary of the nature of the application.
(2) The Executive Secretary shall refer every request for consultation to the Mayor within forty-eight hours of receiving
it.
(3) The Mayor may act in conformity with delegated powers fro m t h e Coun cil or shall refer the request t o the Council or a
committee of the Council previously empowered by the Council to handle such requests.
Consultations. Amended by: XXI.1999.3.
Minister may from time to time by regulations prescribe.
Tendering procedures.
Code of conduct on complaints.
Standing orders to be given to members. Amended by: XXI.1999.3.
Substituted by: XXI. 1999.39. Amended by:
I. 2005.23; XVI. 2009.46.
SEVENTH SCHEDULE [Article 4, 25]
Election of Mayor and Deputy Mayor
Voting Procedure
1. The Executive Secretary shall cause the name of the elected Mayor and of the Deputy Mayor to be published in the Gazette together
with the date of the election and in the case that the Mayor or the Deputy Mayor has not been elected, the name of the councillor
who assumed the functions of Mayor or Deputy Mayor, as the case may be, and the date of assuming the office.
EIGHTH SCHEDULE Amended by:
L.N. 255 of 1998;
[Article 55]
Financial Allocation to Local Councils shall cover the following:
1. Landscaping and Maintenance of Parks and Gardens;
2. Roads Maintenance and Roads Fixtures;
3. Waste Management; and
4. Administration;
as worked out in the table below:
1. The Formula
L.N. 77 of 2001; L.N. 153 of 2002; XII. 2002.12;
L.N. 76 of 2005; L.N. 372 of 2007; L.N. 161 of 2008;
Substituted by: XVI. 2009.47.
Category | Apportionment | Denominator |
1. Landscaping and Maintenance of Parks and Gardens | ||
Parks and Gardens and Soft Areas | 1 | relevant areas |
2. Roads Maintenance and Infrastructure | ||
Street Sweeping and Weed Cutting | a = 13% | r o ad lengths for the four categories of urban roads |
Street Sweeping and Weed Cutting | b = 17% | r o ad lengths for the four categories of urban roads |
Street Sweeping and Weed Cutting | c = 43% | r o ad lengths for the four categories of urban roads |
Street Sweeping and Weed Cutting | d = 27% | r o ad lengths for the four categories of urban roads |
Cleaning of Roads (non-urban) | 1 | road lengths - non-urban zone |
Maint e nance of Roads, Bu s Shelters, Roads Signs, Markings and Street Lamps | 70% | road lengths - urban zone |
Maint e nance of Roads, Bu s Shelters, Roads Signs, Markings and Street Lamps | 30% | road lengths - non-urban zone |
3. Waste Management | ||
Refuse Collection and Bins on Wheels | 1 | number of properties |
4. Administration | ||
Administration costs | 1 | number of councillors |
The apportionment for each category will be worked out as follows:
1.1 Landscaping and Maintenance of Parks and Gardens
Total area of parks gardens, soft areas and verges in each locality in proportion to the total area of parks, gardens, soft areas
and verges of all the localities added together
multiplied by
To tal appo rtionment allocated by Governm ent for the m aintenance of parks, gardens, soft areas and verges
1.2 Roads Maintenance and Road Fixtures
2a. Street Sweeping and Weed Cutting of Urban Roads
Total length of urban roads per category of road (a, b, c and d) in each locality in proportion to the total length of urban roads
in of all localities added together per category (a, b, c and d) respectively
multiplied by
Total apportionment allocated by Government for the cleaning of urban roads per category (a, b, c, d) respectively
Where a, b, c and d are the road lengths for the four categories of urban roads of locality determined according to the frequency
of cleaning required.
2b. Cleaning of Non Urban Roads
Total length of non urban roads in each locality in proportion to the total length of non-urban roads in all the localities added
together
multiplied by
Total apportionment allocated by Government for the cleaning of non-urban roads
2c. Maintenance of Roads, Bus Shelters, Roads Signs, Markings and Street
Lamps
[(Total length of non urban roads in each locality in proportion to the total length of urban roads in all of the localities added
together multiplied by 30%)
added to
(Total length of urban roads in each locality in proportion to the total length of roads in all of the localities added together multiplied by 70%)]
multiplied by
Total apportionment allocated by Government for the maintenance of roads, bus shelters, roads signs, markings and street lamps
1.3 Waste Management
Total number of properties in each locality in proportion to the total number of properties in all of the localities added together
multiplied by
Total apportionment allocated by Government for waste management
1.4 Administration
Total number of councillors in the locality in proportion to the total number of councillors in all of the localities added together
multiplied by
Total apportionment allocated by Government for administration.
2. Explanatory Note
The workings related to the four functions in Section 1 of this Schedule are explained in detail in the document titled ‘Funding
Module for Local Government
2009’ held by the Department for Local Government.
NINTH SCHEDULE Added by: XXI. 1999.42.
[Article 47]
Amended by: L.N. 48 of 2002; XVI. 2003.24; L.N. 82 of 2007; XVI. 2009.48; L.N. 179 of 2010; L.N. 230 of 2011.
Li st ed communi ties in terms of article 47 A and th e plans d e li neat ing their boundaries and respective streets, the following:*
Fleur-de-Lys in the locality Birkirkara
Santa Lu`ija in the locality Ta’ Ker`em
Gwardaman[a in the locality Tal-Pietà
Paceville in the locality San {iljan Kappara in the locality San {wann Madliena in the locality Is-Swieqi
Marsalforn in the locality Iż-|ebbu[
Bubaqra in the locality Iż-|urrieq
Xlendi in the locality Il-Munxar
Tal-Virtù in the locality of Ir-Rabat
Ħal Farruġ in the locality of Ħal Luqa
St Peter ’s in the locality of Ħaż Żabbar
Is-Swatar in the localites of Birkirkara and L-Imsida
Burmarrad in the locality of San Pawl il-Baħar
Il-Baħrija in the locality of Ir-Rabat
Baħar iċ-Ċagħaq in the locality of Naxxar
*See Maltese version for plans and respective streets of localities mentioned hereunder.
Substituted by: XXI. 1999.40; L.N. 19 of 2001; L.N. 79 of 2002; L.N. 117 of 2003; L.N. 326 of 2004; L.N. 111 of 2006; L.N. 128 of 2008. Amended by:
XVI. 2009.49.
TENTH SCHEDULE [Article 72]
Time-table of Elections for Local Councils
2009 Elections in one-third of the Local Councils specified hereunder*
2010
2011
2012 Elections in half the Local Councils specified hereunder**
2013 Elections in half the Local Councils specified hereunder ***
2014
2015 Elections in half the Local Councils (2012 group) ****
2016
2017 Elections in half the Local Councils (2013 group)
2018
2019 Elections in half the Local Councils (2012 group)
2020
2021 Elections in half the Local Councils (2013 group)
* elections are held in L-Imdina (¬ittà Notabile), Bormla (¬ittà Cospicua),
}a\-|abbar (¬ittà Hompesch), Ir-Rabat (¬ittà Victoria), Birkirkara, Il-Fgura, Gudja,
L-G]arb, }al G]axaq, Il-Kalkara, }al Lija, Marsaskala, L-Im[arr, L-Imsida, In-
Naxxar, Tal-Pietà, Ir-Rabat, San {wann, Ta’ Sannat, Tas-Sliema, }al Tarxien, Ix-
Xg]ajra and L-Imtarfa
** the Local Councils which will hold elections this year will be 22 Local Councils which were meant to hold their elections
in 2010 which are Il-Birgu (¬ittà Vittoriosa), L-Isla ( ¬ittà Invicta), } al Qormi ( ¬ ittà Pint o), } a\ - | ebbu [ ( ¬ ittà
Ro han), Is-Si [[ iewi ( ¬ it tà Fer d i n an d) , } ’At t ard, } a l B a lzan, } ad-Dingli, Bir\ebbu[a, Floriana, Il-G\ira,
G]ajnsielem, }al G]arg]ur, Il-}amrun, L-Iklin, Ta’ Ker`em, }al Kirkop, }al Luqa, Il-Marsa, Marsaxlokk, Il-Mosta, Il-Munxar,
In- Nadur, Paola, Il-Qala, }al Safi, San {iljan, San Lawrenz, San Pawl il-Ba]ar, Santa Lu`ija, Is-Swieqi, Ix-Xag]ra, I\-|ebbu[ and
I\-|urrieq
*** this year elections will be held for those Councils which held their election in 2009 and eleven Local Councils which were meant
to hold their elections in 2011. Il-Bel t Va lle tt a ( ¬ it tà Um il issi ma), L-I m d i n a ( ¬ it tà No tab i l e ), Bo rm
la ( ¬ it tà Cospicua), }a\- |abbar, I\-|ejtun, Ir-Rabat (¬ittà Victoria), Birkirkara, Il-Fgura, Il- Fontana, Il-Gudja , L -
G ] arb, L - G ] asri, } al G ] ax aq , Il-K al ka ra, } al Lija , Marsaskala, Il-Mellie]a, L-Im[arr, L-Imsida, L-Imqabba, In-Naxxar,
Pembroke, Tal- Pietà, Il-Qrendi, Ir-Rabat, San {wann, Ta’ Sannat, Santa Venera, Tas-Sliema, Ta’ Xbiex, }al Tarxien, Ix-Xewkija,
Ix-Xg]ajra and L-Imtarfa
**** this group will, once only, have a term of three years - but before it would have had a term of five years (part of it) so that
elections are brought to a year in/ year out situation.
ELEVENTH SCHEDULE Added by: XVI. 2009.50.
[Article 37]
Regions
Amended by:
L.N. 231 of 2011;
L.N. 313 of 2011.
Gozo Region | Northern Region | Central Region | South Eastern Region | Southern Region |
Ir-Rabat (Città Victoria) | L-Imdina (Città Notabile) | }’Attard | Il-Belt Valletta (Città Umilissima) | }al Qormi (Città Pinto) |
Il-Fontana | }ad-Dingli | }al Balzan | Il-Birgu (Città Vittoriosa) | }a\-|ebbu[ (Città Rohan) |
G]ajnsielem | }al-G]arg]ur | Birkirkara | L-Isla (Città Invicta) | Is-Si[[iewi (Città Ferdinand) |
L-G]arb | Il-Mellie]a | Il-G\ira | Bormla (Città Cospicua) | Bir\ebbu[a |
L-G]asri | L-Im[arr | L-Iklin | }a\-|abbar (Città Hompesch) | Il-Gudja |
Ta’ Ker`em | Il-Mosta | }al Lija | I\-|ejtun (Città Beland) | }al G]axaq |
Il-Munxar | In-Naxxar | L-Imsida | Il-Fgura | Il-}amrun |
In-Nadur | Pembroke | Tal-Pietà | Floriana | }al Kirkop |
Il-Qala | Ir-Rabat | San {iljan | Il-Kalkara | }al Luqa |
San Lawrenz | San Pawl il-Ba]ar | San {wann | Il-Marsa | L-Imqabba |
Ta’ Sannat | Is-Swieqi | Santa Venera | Marsaskala | Il-Qrendi |
Ix-Xag]ra | L-Imtarfa | Tas-Sliema | Marsaxlokk | }al Safi |
Ix-Xewkija | Ta’ Xbiex | Ra]al {did | Santa Lu`ija | |
I\-|ebbu[ | }al Tarxien | I\-|urrieq | ||
Ix-Xg]ajra |
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