Cap. 497 Art. 2Interpretation. S.L. Const. 03

(1) In this Act, unless the context otherwise requires:

"Code of Ethics" means the code of ethics in the First Schedule;

"department of Government" or "department" means any entity in the Public Service that is listed in the Second Schedule;

"Disciplinary Regulations" means the Disciplinary Procedure in the Public Service Commission Regulations or any other regulations on disciplinary matters substituting them and which may be made under article 121(1) of the Constitution; "government agency" or "agency" means a body listed in the Fourth Schedule; "government entity" means an organisation, not being a government department, a government agency or a commercial partnership, in which Government has a controlling interest, whether or not such organisation is established by law; "grade" means any of the grades listed in the Third Schedule, and consists of a group of one or more posts in one or more departments which bear a common designation and are filled directly through an appointment to the grade;

"Minister" means, unless the context otherwise requires, the Minister responsible for the public administration so however that where the Prime Minister has delegated, wholly or in part, any of the powers, functions or authorities assigned to him by this Act, the Prime Minister may still exercise such powers, functions or authorities collaterally with such Minister; "ministry" means an organisation referred to in article 6;

"position" means any office in the public service, other than a grade;

"post" means a particular set of tasks or duties which are performed or intended to be performed by one person;

"Principal Permanent Secretary" means the person appointed in terms of article 14;

"public administration" means the Government of Malta including its ministries and departments, and the agencies, government entities, commissions and boards referred to in this government agencies and government entities, and for the purpose of section B, section C and paragraph 27 of the Code of Ethics a person shall continue to be regarded as a public employee for three years following his retirement, resignation or dismissal from public employment; "public office" has the same meaning assigned to it by article 124 of the Constitution and shall also, for the purposes of this Act, be understood to mean any grade or position in the public service except those listed in subarticle (2)(a);

"public officer" has the same meaning assigned to it by article 124 of the Constitution, but shall for the purposes of this Act be understood in accordance with subarticle (2); "public service" has the same meaning assigned to it by the Constitution, but shall for the purposes of this Act be understood in accordance with subarticle (2); "Public Service Commission" means the Commission established by article 109 of the Constitution; "Senior Executive Service" means the body of senior public officers to which article 19 refers; "transfer" means to assign a public officer to a different post.

(2) This Act shall not apply to:

(a) the offices of judge, magistrate, Attorney General and Auditor General; and

(b) the offices of Speaker, Deputy Speaker, Ombudsman and Data Protection Commissioner; and

(c) the Broadcasting Authority, the Electoral Commission, the Employment Commission, and (in so far as this Act does not specifically refer to it) the Public Service Commission: Provided that, without prejudice to the independence of the Electoral Commission and the Public Service Commission under the Constitution, this Act shall apply to the Electoral Office and the Public Service Commission Secretariat.

(3) Unless otherwise specified to the contrary in this Act, where a provision of this Act conflicts with the provisions of any other law governing a department, an agency or a government entity, the other law shall prevail.