Cap. 595 Art. 2Interpretation. S.L. Const.03

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

"Code of Ethics" means the code of ethics established 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 Public Service

Commission Disciplinary 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, specialised unit, a government agency or a commercial partnership, in which Government has a controlling interest, whether or not such organisation is established by law;

"grade" consists of a group of one or more posts in one or more ministries or departments that bear a common designation and form part of a career stream providing for mechanisms of promotion from one grade to another;

"Higher Executive Service" means the body of senior public officers to which article 19 refers;

"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 7;

"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, specialised units and the agencies, government entities, commissions and boards referred to in this Act;

"public administration values" means the values listed in article 4;

"public employee" includes public officers and employees of government agencies and government entities;

"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 except those listed in sub-article (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 sub-article (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 sub-article (2);

"Public Service Commission" means the Commission established by article 109 of the Constitution;

"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, Information and Data Protection Commissioner and Commissioner for Standards in Public Life; and

(c) the Broadcasting Authority, the Electoral Commission, the Employment Commission, Parliament, 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 Office of the Public Service Commission.

(3) Unless otherwise specified 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.