S.L. 542.5 Art. 7Staff appointment. Cap. 595. Cap. 595.

(1) Subject to the provisions of the Constitution, any other enactment applicable thereto, and without prejudice to the other provisions of this Order, the appointment of employees of the Agency shall be made by the Agency itself. The terms and conditions of employment shall be established by the Agency with the concurrence of the Minister:

Provided that all the employees of the Foundation shall be considered as employees of the Agency on the establishment of the Agency.

(2) The Agency shall appoint and employ, at such remuneration and upon such terms and conditions as it may determine, such officers and employees of the Agency as may from time to time be necessary for the due and effective discharge of its functions, in accordance with directives issued under the Public Administration Act.

(3) In accordance with the provisions of the Public Administration Act or with the approval of the Prime Minister, the Agency may request, after consultation with the Minister, from time to time, that any public employee shall be detailed for duty with the Agency in such capacity and with effect from such date as may be specified in the direction.

(4) Where a public officer is detailed for duty with the Agency such officer shall, during the time in which such direction is in force, be under the administrative direction and control of the Agency but shall otherwise remain and retain all rights and duties as a public officer, and for the purpose of any law relating to government service pensions, service with the Agency shall be deemed to be service with the Government:

Provided that in assessing the pensionable emoluments of such officer for the purposes of any law relating to government service pensions, no account shall be taken of any allowances, bonuses or gratuities paid to such officer by the Agency in excess of what he is entitled to as a public officer:

Provided further that during the time in respect of which he is so detailed to perform duties with the Agency his terms and conditions of service shall not be less favourable than those which are attached to his appointment with the Government during the period aforesaid. Such terms and conditions shall not be deemed to be less favourable because they are not in all respects identical or superior to those enjoyed by the officer concerned at the date of such detailing, if in the opinion of the Prime Minister such terms and conditions, taken as a whole, offer substantially equivalent or greater benefits.

(5) (a) For the purposes of calculating pensionable emoluments, posts and salary grades with the Agency shall be classified in the most nearly corresponding grades and incremental levels in the services of the Government of Malta by reference to job descriptions, skills, responsibilities and other analogous factors.

(b) For the purposes of calculating pensionable emoluments no post shall be classified in a grade higher than that of a Grade 3 in the service of Government or such other grade that the Minister responsible for Finance may from time to time, by notice in the Gazette, determine.

(c) Without prejudice to any other law, where on the date of the coming into force of this Order, arrangements which should have been made with respect to public officers that have been detailed in terms of any applicable law have not been finalised, the Prime Minister may issue regulations with the purpose of resolving any administrative difficulties that may arise in the interim, between the time that a public officer has been detailed until the aforementioned arrangements are finalised.