Functions of a Local Council – Part IV Article 33

1)

Subject to sub-article (2) and to the provisions of any other law for the time being in force, the functions of each Local Council shall be:

a)

to provide, with respect to any road, other than anyroad the responsibility for which vests infrastructure Malta in terms of the Agency for infrastructure Malta Act or any regulations made thereunder, for its upkeep and maintenance, or improvements therein, and to provide and maintain proper road signs and road markings, in conformity with national and international standards: Provided that maintenance in relation to any road referred to under this paragraph includes the patching and resurfacing thereof, but does not include its reconstruction;

b)

with respect to any road, to provide for sweeping, cleaning and weed cutting, cleaning of road signs and road lights, the collection and removal of all refuse, 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 all accessible to all persons, including persons using a wheel-chair;

(c)

to provide for, maintain and maintain children's playgrounds, public gardens and other centres, of sport, culture or other entertainment, and as part of a national scheme to manage local libraries and to make them, as far as possible, accessible to all, including wheelchair users;

d)

to propose measures which relate to the maintenance and repair of local roads, pedestrian areas, parking areas, road signs and road markings within the locality, to provide for the installation and maintenance of bus shelters in accordance with standards and specifications laid down by the competent transport authority, pedestrian and parking areas and provide for the protection of schoolchildren in the vicinity of schools;

e)

propose to and, where applicable be consulted by, any competent authority or agency prior to the competent authority or agency making any changes in traffic schemes directly affecting the locality

f)

to make recommendations to any competent authority or agency 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 roads;

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 road, 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, 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 chairs 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 initiatives to safeguard the local historical and cultural heritage, traditions and folklore;

o)

in the framework of regulations made by the Minister, extend assistance to artists, musicians and sportspersons from their locality in order that they may develop their talents;

p)

organise cultural activities that promote the locality inevery 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 initiatives;

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 or physical 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;

and)

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 agency or public body or Government department for the delegation to the local council of any of the functions of that agency, 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’scompetence by any law for the time being in force nor assigned to any other authority.

2)

National monuments, parks or national gardens, industrial estates, ports, airports and other national territories, establishments, buildings and clothing listed in the Fourth Schedule to this Act shall be the responsibility of the Government, except as provided for in 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 LocalCouncils. Each function shall be devolved when the Central Government will be convinced that 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.

4)

The Minister responsible for transport reserves the right, at any time, as may be determined by the Minister for Transport, to transfer all or some of the rights, previously owned by Infrastructure Malta in connection with any local road under the terms of theMalta Infrastructure Agency Act or any other law, to a local council.