Sports Act MT
Sports Act MT
Sports Act MT
CHAPTER 455
SPORTS ACT
To encourage and promote sport, to provide for the establishment of a national sport
council to exercise the functions relating to sport currently vested in the Department of Youth
and Sport and the Kunsill Malti għall-Isport, to provide for the registration of sport
organisations, and to establish dispute resolution structures.
ARRANGEMENT OF ACT
Articles
Part I Preliminary 1-3
Part II Establishment, functions and conduct of affairs of
the Kunsill Malti għall-Isport 4 - 10
Part III Officers and employees of the Council 11 - 13
Part IV Sports facilities 14 - 19
Part V Directorates and Advisory Committees 20 - 21
Part VI Financial provisions 22 - 34
Part VII Register of Sport Persons 35 - 42
Part VIII Sport dispute resolution 43 - 50
Part IX Miscellaneous 51 - 56
2 CAP. 455.] SPORTS
PART I
PRELIMINARY
Short title. 1. The short title of this Act is the Sports Act.
Interpretation. 2. In this Act, unless the context otherwise requires:
Amended by:
XXXII. 2007.20. "advisory committee" means an advisory committee established
in accordance with article 21;
"Association" or "National Association" means an association of
clubs on a national level who group together for the purpose of
promoting a particular sport or for organising competitive games in
such sport;
"Board" means the Board of Directors of the Council;
"Chairperson" means Chairperson of the Council and includes, in
the circumstances mentioned in article 4(4), the Deputy
Chairperson or other person appointed to act as Chairperson:
Provided that, in relation to articles 18, 20 and 21,
"Chairperson" means the Chairperson of a Management
Committee, Directorate or Advisory Committee, as the case may
be;
"Chief Executive Officer" means the Chief Executive Officer of
the Council appointed in accordance with article 11;
"club" means an association of persons, whether in the form of a
civil partnership, or a commercial partnership or otherwise, in
which individuals constitute themselves in or form part of an
association mainly for the purpose of engaging or organising sport
activities;
"Council" means the Kunsill Malti għall-Isport established in
accordance with article 4;
"designated property" means the immovable property referred to
in article 16(1) and (3) or otherwise transferred to the Council;
"directorate" means any directorate established in accordance
with article 20;
"employee" means a person employed by the Council;
"Federation" or "National Federation" means an association
being mainly an association of a number of National Associations
of the same sport activity or of associated sport activities;
"financial year" means a period of twelve months ending on the
31st December:
Provided that the financial year which commenced on the 1st
October, 2007 shall be for a period of fifteen months and shall
terminate on the 31st December, 2008;
"Malta Arbitration Centre" means the Arbitration Centre
Cap. 387. established under the Arbitration Act;
"Malta Olympic Committee" means the Malta Olympic
Committee established on the 9th June 1928 and having the Statute
reproduced in the Second Schedule, as such statute may from time
S P OR T S [ CAP. 455. 3
PART II
well as the rules of fair play and the health and safety
of the spectators; and
(i) to encourage, in furtherance of the principle of
subsidiarity, non-governmental bodies and private
entities or persons and local councils to contribute to
the promotion of sport in Malta.
7. (1) The Council shall be a body corporate having a distinct Powers of the
legal personality. Council.
(2) Subject to the provisions of this Act, the Council has the
power to do all things necessary or convenient to be done in
connection with the performance of its functions and shall be
capable, subject to the provisions of this Act, of entering into
contracts, of acquiring, holding and disposing of any kind of
property for the purposes of its functions, of suing and being sued,
and of doing all such things and entering into all such transactions
as are incidental or conducive to the exercise or performance of its
functions under this Act, including the lending or borrowing of
money.
(3) The legal and judicial representation of the Council shall be
vested in the Chairperson, or in any other person under such terms
and conditions and with such powers as the Board may from time to
time by resolution determine.
(4) Any document purporting to be an instrument made or
issued by the Council and signed by the Chairperson or by the
Secretary of the Board shall be received in evidence and shall, until
the contrary is proved, be deemed to be an instrument made or
issued by the Council.
(5) The Council may engage or employ persons to perform
services for the Council and may enter into any agreement to
exercise any of its functions through the agency or services of any
person.
(6) The Council may:
(a) obtain commercial sponsorship for the Council and
participate in marketing arrangements involving the
endorsement by the Council of products and services
associated with sport;
(b) arrange for the manufacture and distribution (whether
for profit or otherwise) of any article or thing bearing a
mark, symbol or writing that is associated with the
Council; and
(c) provide (whether for profit or otherwise) goods and
services to persons using, or otherwise attending at,
facilities of the Council.
(7) The Council may charge or impose such reasonable fees in
respect of:
(a) access to, or use of, any of its resources or facilities;
(b) the provision by it of programs, services, information
or advice;
(c) the admission of persons to events or activities
10 CAP. 455.] SPORTS
conducted by it.
Meetings of the 8. (1) The Board shall meet as often as may be necessary or
Board. expedient, but in no case less frequently than once a month. The
meetings of the Board shall be convened by the Chairperson either
on his own initiative or at the request of any four of the other
members.
(2) The Board shall not act unless a quorum consisting of not
less than half the number of members is present.
(3) The meetings of the Board shall be chaired by the
Chairperson or, in his absence, by the Deputy Chairperson.
(4) Decisions of the Board shall be taken by a simple majority
of the votes of the members present and voting. In the case of an
equality of votes, the Chairperson or in his absence the Deputy
Chairperson shall have and exercise a second or casting vote.
(5) Without prejudice to the other provisions of this Act, no
decision shall be valid which is not supported by at least four
members of the Board.
(6) Subject to the provisions of this Act, the Board may
regulate its own proceedings.
(7) Any vacancy among the members of the Board, and any
participation therein by a person not entitled so to do, shall not
invalidate the proceedings of the Board.
(8) All acts done by any person acting in good faith, as a
member of the Board, shall be valid as if he were a member
notwithstanding that some defect in his appointment or
qualification may afterwards be discovered. No act or proceeding
of the Board shall be questioned on the ground of the
contravention, by a member, of the provisions of article 4(10).
Relations between 9. (1) The Minister may, after consultation with the Council,
the Minister and from time to time give to the Council such directives in writing as
the Council.
he may deem appropriate and not being inconsistent with the
provisions of this Act, and the Council shall, as soon as may be,
comply with and give effect to all such directives and shall conduct
its affairs accordingly.
(2) The Council shall afford to the Minister the necessary
facilities for obtaining information with respect to the property and
activities of the Council and furnish him with returns, accounts and
o t h e r i n f o r m a t i o n w i t h respec t the r eto, a nd afford him the
necessary facilities for the verification of information furnished, in
such manner and at such times as he may reasonably require.
Strategic and 10. (1) For the purposes of this Act the Council shall submit
operational plans. to the Minister for his approval, a three-year strategic plan that
establishes the objectives and targets that it proposes to attain
during the said period in fulfilment to its functions under this Act.
(2) The aforementioned strategic plan shall be presented to the
Minister for his approval not less than three months before the
commencement of the period to which the strategic plan relates,
S P OR T S [ CAP. 455. 11
and shall come into force on the day on which it is approved by the
Minister or the day of commencement of the period to which it
relates, whichever is the latter:
Provided that the first strategic plan shall be prepared by
the Council and submitted to the Minister for approval within six
weeks from the date of appointment of the Council.
(3) The Council shall also from time to time during the period
in respect of which a strategic plan is in force, consider and
propose to the Minister any necessary variations to the said plan
and, following approval by the Minister, vary the said plan.
(4) The Council shall at the beginning of each year in respect
of which a strategic plan is in force, prepare an operational plan
that articulates the programmes, initiatives and activities that it will
undertake in fulfilment of the objectives defined in the said
strategic plan for the said year.
(5) For the purpose of consulting and co-operating on a regular
basis with national associations and federations and non-
governmental bodies in the drawing up of a national strategy for
sport and the evaluation thereof, the Council shall at least once a
year hold a forum or fora of national associations and federations
and non-governmental bodies. Such fora shall be chaired by the
Chairperson of the Council.
PART III
12. (1) The Prime Minister may, at the request of the Council Status of public
made with the concurrence of the Minister, from time to time direct officers detailed
for duty with the
that any public officer be detailed for duty with the Council in such Council.
capacity and with effect from such date and for such duration as
may be specified in the Prime Minister’s direction.
(2) Where any officer is detailed for duty with the Council
under any of the provisions of this article, such officer shall, during
the time in which such direction has effect in relation to him, be
under the administrative authority and control of the Council but he
shall for other intents and purposes remain and be considered and
12 CAP. 455.] SPORTS
Offer of permanent 13. (1) The Council may, with the approval of the Prime
employment with Minister, offer to any officer detailed for duty with the Council
the Council to
public officers under the provisions of article 12 permanent employment with the
detailed for duty Council at a remuneration and on terms and conditions not less
with the Council.
favourable than those enjoyed by such officer at the date of such
offer.
(2) The terms and conditions comprised in any offer made as
aforesaid shall not be deemed to be less favourable merely because
they are not in all respects identical with or superior to those
enjoyed by the officer concerned at the date of such offer, if such
terms and conditions, taken as a whole, in the opinion of the Prime
Minister, offer substantially equivalent or greater benefits.
S P OR T S [ CAP. 455. 13
PART IV
SPORT FACILITIES
Access to facilities. 14. The Council shall, to the extent that it is practicable to do
so having regard to the objects for which it is established and its
functions, develop policies to allow individuals, groups within the
community, sport clubs and associations to have access to, and
make use of, the resources, services and facilities of the Council,
whether or not for purposes related to sport.
Transfer of 15. The property, other than immovable propelrty, owned by
movable property the Government and administered or managed by the Department
to the Council.
of Youth and Sport or Kunsill Malti għall-Isport and immediately
before the date of the coming into force of this Part of this Act used
or intended for use by it for the purpose of any of the functions
which by this Act are being transferred to or vested in the Council
and "Skola Sport" operated by the Ministry for Education shall, on
the date aforesaid, by virtue of this Act and without further
assurance, be transferred to and vested in the Council under the
same title by which they were held by the Government immediately
before the said date.
Transfer of rights 16. (1) The enjoyment, possession, use and management of all
and liabilities in rights and obligations (other than obligations arising under the
respect of
immovable Land Acquisition (Public Purposes) Ordinance) vested in the
property. Government over or in respect of the immovable property listed in
Cap. 88. the First Schedule (hereinafter called "designated property") in
respect of designated property shall, on the coming into force of
this Part of this Act, by virtue of this Act and without further
assurance, be transferred and vested in the Council.
(2) The President acting on the advice of the Minister
respon sibl e for land may from tim e to ti me make an O rder
designating such immovable property belonging to or possessed,
held or otherwise administered by the Government and that may be
used for the purposes of sport or for any function which by this Act
are being vested in the Council. Any such Order shall be published
in the Gazette.
(3) Where an Order has been made under the provisions of this
article, the enjoyment, use, management and administration of the
immovable property designated in the Order (hereinafter also
called "designated property") shall, with effect from such day as
may be specified in the Order and by virtue of this Act and without
further assurance, be transferred and vested in the Council.
(4) The transfer and vesting aforesaid shall extend to the whole
of such property and undertakings and, without prejudice to the
generality aforesaid, shall include all plant, equipment, apparata,
buildings, structures, installations, land, roads, works, powers,
S P OR T S [ CAP. 455. 15
Management of 18. (1) The Council shall consistently with the aims and
sport facilities. objectives of this Act and in accordance with the provisions of this
Act and any regulations as may be prescribed, have the power to
manage and administer sport facilities.
(2) The Council may with the authority in writing of the
Minister, in concurrence with the Minister responsible for land,
enter, by public deed, into a contract with any local council and
registered person whereby designated property may be granted for
a term not exceeding five years to such local council and registered
person under a title of lease or other personal title, including that of
management, administration or custody, for a consideration payable
to the Council in accordance with the provisions of this Act and of
such regulations as may from time to time be prescribed and
subject to such local council or conditions not inconsistent
therewith as may be contained in the deed, provided that such
conditions shall include the prohibition of sub-letting of the
designated property and of assignment of rights by the local council
and registered person, as the case may be.
(3) For the purpose of enjoying, administering and managing
any of the sport facilities and designated property the Council may
delegate any of its powers to one or more management committees
S P OR T S [ CAP. 455. 17
set up for the purpose. Such committees shall observe such policies
and directives as the Council may from time to time determine and
shall be accountable to the Council. Such management committees
are vested with a separate distinct legal personality.
(4) The management committees mentioned in subarticle (3)
shall be established by the Minister after consultation with the
Council, with such functions and powers as the Minister may in his
discretion determine. Such management committees shall be
composed of such persons as the Minister shall deem fit and such
persons shall hold office for such period and on such terms and
conditions as the Minister may deem appropriate. The Minister
shall also designate any member of such committees to act as
chairperson thereof.
(5) The management committees shall keep a record of all their
proceedings and shall forward copies of such records to the
Council.
(6) The provisions of article 4(6) to (10) shall apply mutatis
mutandis to the management committees.
(7) The Council may, for the purpose of providing or ensuring
the provision of services that are complimentary with the use of
sport facilities, grant to third parties for a term nor exceeding five
years the operation and management of particular areas within such
sport facilities after a call for tenders for specified purposes.
(8) Any contract and agreement entered into by the Council in
accordance with the provisions of this article shall, for the purposes
of the Disposal of Government Land Act, be deemed to be a Cap. 268.
disposal made in accordance with the provisions of such Act. The
Minister shall, however, within four weeks after the publication of
such deed as is referred to in subarticle (2), or if the House of
Representatives is not then in session, within four weeks of the date
when the House next meets, lay a copy thereof on the Table of the
House, and the deed shall only be valid and binding if, after that a
copy thereof has been laid before the Table of the House of
Representatives, the House does not, within the period of twenty-
eight days after that copy has been so laid, resolve that the
agreement or deed of disposal be rescinded.
(9) Any property subject to a deed referred to in subarticlc (2)
shall not by virtue thereof be transferred to the registered person or
local council with whom it is entered.
(10) Not later than six weeks after the lapse of three years from
the date of a deed referred to in subarticle (2) and subsequently
every three years the registered person with whom such deed is
entered shall transmit to the Council a report of its activities in
relation to the property that is object of the deed and on the way
that such property has been utilised.
(11) The Minister may, on the advice of the Council, make
regulations, not inconsistent with the provisions of this Act:
(a) regulating, restricting or prohibiting entry onto or into
any sport facilities owned by, or under the control of,
the Council, regulating the conduct of persons on or in
18 CAP. 455.] SPORTS
PART V
21. (1) The Minister may, from time to time by Order in the Advisory
Gazette appoint an advisory committee or committees as may be committees.
specified in such Orders. An advisory committee shall, for the
better carrying out of the provisions of this Act, advise the Council
on such matters as the Minister may specify in the Order.
(2) The members of the advisory committee shall be appointed
by the Minister and shall hold office for such period and on such
terms and conditions as the Minister may deem appropriate. Each
advisory committee shall consist of one member representing the
Council as Chairperson and such other members as the Minister
may deem fit to appoint.
(3) The provisions of article 4(6) to (10) shall mutatis mutandis
apply to the advisory committees.
(4) Each advisory committee shall keep a record of all its
meetings and shall forward copies of such records to the Council.
Subject to the provisions of this Act, each advisory committee can
regulate its own procedures.
PART VI
FINANCIAL PROVISIONS
22. (1) Without prejudice to the following provisions of this Council to meet
article, the Council shall so conduct its affairs that the expenditure expenditure out of
revenue.
required for the proper performance of its functions shall, as far as
practicable, be met out of its revenue.
(2) Any excess of revenue over expenditure shall, subject to
such directives as the Minister, after consultation with the Minister
responsible for finance, may from time to time give, be applied by
the Council to the formation of reserve funds to be used for the
purposes of the Council; and without prejudice to the generality of
the powers given to the Minister by this subarticle, any directive
given by the Minister as aforesaid may order the transfer to the
Government, or the application in such manner as may be specified
in the directive, of any part of the fees, rates and other payments
levied in accordance with this subarticle or any such excess as
aforesaid.
(3) Any funds of the Council not immediately required to meet
expenditure may be invested in such manner as may from time to
time be approved by the Minister after consultation with the
Minister responsible for finance.
23. The Minister responsible for finance may, after Advances from
consultation with the Minister, make advances to the Council of Government.
such sums as he may agree to be required by the Council for
carrying out any of its functions under this Act, and may make such
a d v a n c e s o n s u c h t e r m s a n d c o n d i t i o n s a s h e m a y, a f t e r
consultation as aforesaid, deem appropriate. Any such advance may
be made by the Minister respon sible for finance out of the
Consolidated Fund, and without further appropriation other than
this Act, by warrant under his hand authorising the Accountant
General to make such advance.
20 CAP. 455.] SPORTS
Funds from public 24. The Minister responsible for finance may by regulation
lotteries. under this article provide that such portion of the proceeds of
public lotteries as may be prescribed shall be paid to the Council,
and the Accountant General shall, without any further
appropriation other than this Act, regularly appropriate such funds
to the Council on receipt of a warrant from the Minister responsible
for finance.
Power to borrow or 25. (1) For the purpose of carrying out any of its functions
raise capital. under this Act, the Council may, with the approval in writing of the
Amended by:
L.N. 427 of 2007. Minister, given after consultation with the Minister responsible for
finance, borrow or raise money in such manner, from such person,
body or authority, and under such terms and conditions as the
Minister, after consultation as aforesaid, may in writing approve.
(2) Thc Council may also, from time to time, borrow, by way of
overdraft or otherwise, such sums as it may require by way of
working capital for carrying out its functions under this Act:
Provided that for any facility in an amount exceeding sixty-
nine thousand and eight hundred and eighty-one euro and twenty
cents (69,881.20), there shall be required the approval of the
Minister in writing.
Borrowing from 26. (1) The Ministcr responsible for finance may, for any
Government. requirements of the Council of a capital nature, contract or raise
loans, or incur liabilities, for such periods and on such terms and
conditions as he may deem appropriate; and any sums due in
respect of or in connection with any such loan or liability shall be a
charge on the Consolidated Fund.
(2) Notice of any loans, liabilities or advances made or
incurred under the foregoing provisions of this article shall be
given to the House of Representatives as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in
subarticle (1), or for the purpose of providing the Council with
working capital, the Minister responsible for finance may, by
warrant under his hand, and without further appropriation other
than this Act, authorise the Accountant General to make advances
to the Council out of the Treasury Clearance Fund under such terms
as may be specified by the Minister upon the making thereof.
(4) The proceeds of any loan raised for the purposes of making
advances to the Council, and any other moneys to be advanced to
the Council under this article, shall be paid into a fund specially
established for the purpose and which shall be known as the
"Kunsill Malti għall-Isport (Loan) Fund".
(5) Sums received by the Accountant General from the Council
in respect of advances made to the Council under subarticle (3)
shall be paid, as respects of amounts received by way of repayment
into the Treasury Clearance Fund and, as respects amounts received
by way of interest into the Consolidated Fund.
Estimates of the 27. (1) The Council shall cause to be prepared in every
Council. financial year, and shall not later than six weeks after the end of
each such year adopt, estimates of the income and expenditure of
S P OR T S [ CAP. 455. 21
Deposit of 31. (1) All monies accruing to the Council shall be paid into a
revenues and bank or banks appointed as bankers of the Council by a resolution
payment by the
Council. of the Council. Such monies shall, as far as practicable, be paid into
any such banks from day to day, except for such sum as the Council
may authorise to be retained to meet petty disbursements and
immediate cash payments.
(2) All payments out of the funds of the Council, other than
petty disbursements not exceeding a sum as from time to time may
be fixed by the Council, shall be made by such officer or officers of
the Council as the Council shall appoint or designate for that
purpose.
(3) Cheques against and withdrawals from any bank account of
the Council shall be signed by such officer of the Council as may
be appointed or designated by the Council for that purpose and
shall be countersigned by the Chairperson, or such other member or
officer of the Council as may be authorised by the Council for that
purpose.
(4) The Council shall also make provision with respect to:
(a) the manner in which and the officer or officers by
S P OR T S [ CAP. 455. 23
Malta Olympic 36. (1) The Malta Olympic Committee shall be registered
Committee and immediately in the Register without any further formality.
other National
Associations or (2) The Minister may from time to time on the recommendation
Federations.
of the Council designate such federations or associations that shall
be registered in the Register, without any further formality. Any
federation and association so designated shall be registered by the
Council in the Register without any further formality. A list of such
S P OR T S [ CAP. 455. 25
37. (1) All national associations and federations shall be non- Statutes of sport
profit making. Subject to the provisions of this Act and to any organisations.
regulations made thereunder, clubs, associations and federations, as
well as such other entities that are or may be required to be
registered with the Council under this Act shall be regulated by
their statute. All clubs, associations and federations shall be
o rg a n i s e d i n a d e m o c r a t i c m a n n e r i n a c c o r d a n c e w i t h t h e
provisions of their statute that shall ensure the equal access of
participation in sport.
(2) For the propose of this article an organisation shall be
deemed to be "non-profit making" if:
(a) the organisation does not have a systematic aim to
make profit;
(b) the statute of the organisation prohibits the distribution
of any of its assets (whether of a capital nature or of a
revenue nature or otherwise) to its members, founders,
sponsors, donors, and except by way of bona fide
salary, wages or honorarium, to its administrators; and
(c) in the case where the organisation carries out an
economic activity, this is done as an ancillary activity
for the purpose or in connection with assisting the
organisation to carry out its main objects and purposes
in accordance with its statute.
38. (1) All organisations shall upon registration in the Legal personality
Register be deemed to be vested with legal personality and shall be of sport
organisations and
capable of entering into all legal acts. other matters.
(2) Subject to the provisions of articles 35, 36 and 37, nothing
in this Act shall be interpreted as divesting persons or entities that
are not registered or registerable in the Register from any rights
under any other applicable law. Non-registration of any such person
or entity shall not exempt such person or entity from any provision
of this Act that may be applicable to him or it.
(3) Subjcct to the provisions of this article, an organisation
registered in the Register, as well as the liability of its members and
administrators, shall be governed and regulated by those
dispositions of law that would, but for this Act, govern the
organisation.
39. The Minister may, after consultation with the Council, Regulations under
make regulations for the purposes of giving effect to this Part of this Part of the Act.
this Act, and may without prejudice to the generality of the
aforesaid by such regulations provide for:
(a) those categories of persons, partnerships or other
entities that may be registered in the appropriate part
or parts of the Register;
(b) the requirements for any person, partnership or other
entity to qualify for registration;
26 CAP. 455.] SPORTS
Other powers of 40. Where in the opinion of the Council a person fails to
the Council. o bs e rv e a ny o f t he a p pl ica bl e c ri te ri a , t e r m s o r c o nd it i on s
established in connection with any assistance given by the Council
to such person, or in connection with the use of any sport facilities
granted to it by the Government or by the Council, or otherwise
fails to comply with the provisions of this Part of the Act, the
Council may:
(a) withhold any assistance from, or refuse to provide
assistance to, that person;
(b) demand a refund of any financial assistance provided
to that person;
(c) terminate any agreement with regard to any sport
facility; and
(d) exercise any other right or remedy according to law.
42. (1) Thc Council may by letter of authority signed by the Investigation of
Chairperson of the Council appoint one or more inspectors to and assistance to
registered persons.
investieate the affairs of any registered person and to report thereon
in such manner as the Chairperson shall direct in the following
cases:
(a) on the specific request of the administrators or
managers of the register person, or following a
resolution of the appropriate organ of the registered
person in accordance with its statute;
(b) where the registered person is not complying with any
conditions or obligations relative to any assistance or
benefit enjoyed by it or arising from any use of any
sport facility granted to it under any title by the
Govemment or by the Council;
(c) where the registered person has not applied funds or
benefits received from the Council for the purposes for
which such funds or benefits were intended;
(d) where the registered person has been dissolved or
wound up according to law.
(2) The Council may also, in the instances referred to in
subarticle (1)(a) to (d), give advice to or otherwise assist the
competent organs of the registered persons and may, moreover,
appoint an administrator or administrators to carry out such
functions and exercise such powers in relation to the administration
of the assets of the registered person as well as in relation to its
operations and management as the Council may direct.
(3) In the case of a demand or request for the voluntary
dissolution or winding up of a registered person the competent
organ of the registered person that is competent to take the decision
to wind up that person shall prior to ordering the dissolution or
resolving to dissolve or wind up that registered person notify the
Council of such demand or request. On being notified with such a
request or demand, the Council shall, through persons appointed
for the purpose, give directions aimed towards the settlement of
disputes and endeavour to find a solution with the purpose of
favouring the continued viable existence of the registered person
and may for such pwpose appoint provisional administrators to
carry out such functions and exercise such powers in relation to the
administration of the assets of the registered person as well as of its
operations and management.
(4) For the purpose of the Council and provisional
administrator and inspectors carrying out their functions in
accordance with the provisions of this article, the Council, the
provisional administrators and the inspectors shall have the right to
request information and obtain documents from any person. The
inspectors shall for such purpose have the right to apply before the
First Hall of the Civil Court to request such court to summon
witnesses to appear before them to give evidence and produce
documents at such time and date and at such place indicated by the
inspectors in their application. The inspectors shall have the power
to administer the oath to any person appearing before them.
28 CAP. 455.] SPORTS
PART VIII
44. (1) When the Council receives a reference for mediation Mediation.
or where it considers that a dispute may be resolved through
mediation procedures, it shall propose to the parties a mediator
from the panel of mediators, who if accepted by all parties shall
assist them in the resolution of the matter.
(2) Any party may withdraw from mediation procedures at any
time.
46. (1) The Minister shall, after having consulted the Council, Rules for
from time to time prescribe rules governing mediation procedures. mediation and
advisory opinions.
(2) The Council shall from time to time make such rules
governing the giving of advisory opinions.
47. (1) There shall be a Sport Appeals Board, consisting of Sport Appeals
three members, of whom one, who shall be the chairperson, shall be Board.
a person who has practised as an advocate for not less than seven
years.
(2) Thc members of the Board shall be appointed by the
Minister for a period of three years, and shall be re-eligible for
appointment.
(3) A member of the Board may be challenged or shall abstain
for any reason for which ajudge may be challenged or abstain in
accordance with article 734 of the Code of Organization and Civil Cap. 12.
Procedure. In any such case the Minister shall appoint a person,
having the qualifications of the member challenged or abstaining,
to sit as a member of a Board in substitution of the said member.
(4) A member of the House of Representatives or of a Local
Council shall be disqualified from being appointed or continuing to
be a member of the Board for so long as he holds that office.
(5) The Minister shall also designate a public officer to serve as
secretary to the Board.
48. (1) An appeal shall lie to the Sport Appeals Board from Appeals to the
any decision of the Council taken pursuant to the provisions of Part Sport Appeals
Board.
VII of this Act or under article 54 and any regulations made
thereunder, and in such other cases as may from time to time be
prescribed. The right of appeal shall be competent to any person
30 CAP. 455.] SPORTS
Powers and 49. (1) The Sport Appeals Board shall be competent to hear
procedure of the and decide any appeal made to it in accordance with the provisions
Sport Appeals
Board. of this Act and any regulations made thereunder; and the decisions
of the Board shall be final and conclusive.
(2) For the exercise of its functions, the Board may summon
any person to appear before it and give evidence and procedure
documents; and the chairperson shall have the power to administer
the oath. The Board may also appoint experts to advise the Board
on any technical issue that may be relevant to its decision.
(3) For the purposes aforesaid the Board shall have the same
powers as are competent to the First Hall, Civil Court, according to
law.
(4) The procedure to be followed before the Board, the time
within which and the manner in which an appeal to the Board is to
be made shall be such as may be prescribed; and subject thereto,
and to any other applicable provision to this Act, the Board may
establish its own procedure.
Appeals to the 50. Any party to an appeal to the Sport Appeals Board who
Court of Appeal. feels aggrieved by a decision of the said Board, may on a question
of law decided by the said Board appeal to the Court of Appeal as
Cap. 12. constituted in accordance with article 41(6) of the Code of
Organization and Civil Procedure by means of an application filed
S P OR T S [ CAP. 455. 31
in the registry of that court within thirty days from the date on
which that decision has been notified to him.
PART IX
MISCELLANEOUS
51. For the purposes of the Criminal Code and of any Persons deemed
provisions of a penal nature, the members of the Council, and of public officers.
Cap. 9.
any directorate, management committee, advisory committee, as
well as of the Sport Appeals Board and every officer or employee
of the Council, shall be deemed to be public officers.
52. The names of the members of the Council, of the Chief Publication of
Executive Officer, and of the heads of any directorate or members names of members,
of the Council, etc.
of any committee established under this Act and of any member of
the Sport Appeals Board shall be published in the Gazette.
53. (1) The Minister may, after consultation with the Council, Power to make
make regulations prescribing matters required or permitted by this regulations.
Amended by:
Act to be prescribed, or necessary or convenient to be prescribed L.N. 427 of 2007.
for carrying out or giving full effect to the provisions of this Act.
(2) The power of the Minister to make regulations under the
provisions of this Act shall include the power to establish the
penalties in respect of any violation or contravention thereof, or
failure to comply therewith, and the applicability or otherwise of
Cap. 446.
the Probation Act:
Provided that such penalties may not exceed a fine (multa)
of two thousand and three hundred and twenty-nine euro and thirty-
seven cents (2,329.37).
54. (1) Notwithstanding any other law providing for the trial Administrative
and punishment of offences, where the Council believes that a penalties.
Amended by:
person has breached any of the provisions this Act or any L.N. 427 of 2007.
regulations made thereunder, the Council may give notice in
writing to such person describing the breach which the person has
committed and the administrative penalty he is required to pay in
respect of that breach and ordering the said person to remedy the
cause of the breach:
Provided that the Council may not require the payment of a
penalty exceeding one thousand and one hundred and sixty-four
euro and sixty-nine cents (1,164.69).
(2) Where a notice under this article has been given, and the
person named in the notice pays the penalty within the time therein
indicated, he shall be deemed to have accepted responsibility for
the breach specified in the notice unless within twenty-one days of
the service of the notice, he appeals from such notice before the
Sport Appeals Board.
(3) Where the person to whom notice is given under subarticle
(1) fails to pay the administrative penalty imposed or to remedy the
cause of the breach within the time aforesaid, proceedings may be
taken against him for enforcement according to law.
(4) The Minister may, for the purpose of this article, from time
to time make regulations prescribing the administrative fines that
32 CAP. 455.] SPORTS
FIRST SCHEDULE
(Article 16)
List of facilities allocated to Clubs/Associations/Federations:
Club/Association/Federation Facilities Address
Marsaskala Sports Club Waterpolo pitch and club Triq iż-Żonqor, Marsaskala
house
Marsaxlokk Aquatic Sports Waterpolo pitch and club Ponta tal-Qrejten,
Club house Marsaxlokk
N e p t u n e s Wa t e r p o l o & Waterpolo pitch and club Triq il-Kbira, St Julians
Swimming Club house
S a n Ġi l j a n A q u a t i c S p o r t s Waterpolo pitch and club Triq Ġorġ Borg Olivier, St
Club house Julians
Barracudas Aquatic Spor ts Waterpolo pitch and club Triq Stella Maris, St Paul’s
Club house Bay
Sirens Aquatic Sports Club Waterpolo pitch and club Xatt il-Lanċa, Triq S.
house Ġeraldu, St Paul’s Bay
Sliema Aquatic Sports Club Waterpolo pitch and club Taħt il-Fonizza, Sliema
house
Exiles Sports Club Waterpolo pitch and club Triq it-Torri, Sliema
house
Ta ’ X b i e x A q u a t i c S p o r t s Waterpolo pitch and club Triq ix-Xatt ta’ Ta’ Xbiex,
Club house Ta’ Xbiex
Malta Football Association National Stadium, car park Ta’ Qali
training grounds and a
piece of land
Assoċjazzjoni Sportiva Football pitch and training Sport Complex, Kordin
Hibernians ground (including premises
annexed thereto)
Sports pavilion and
basketball court
Piece of land
7-a-side football pitch Tr i q l - I s q o f B u h a g i a r,
(including premises Kordin
annexed thereto)
Dingli Swallows Football Football pitch and dressing Tr i q C a r m e l o B u g e j a ,
Club rooms Dingli
Marsaxlokk Football Club Football pitch and dressing Tr i q i t - Tr u n ċ i e r a ,
rooms Marsaxlokk
Mellieħa Sports Club Football pitch and dressing Triq Vincenzo Ciappara,
rooms Mellieħa
Mosta Football Club Full size football pitch, Triq Manwella, Mosta
five-a-side football pitch
and dressing rooms
Pietà Hotspurs Football Club Football pitch and club Triq id-Duluri, Pietà
house
Luxol Sports Club Football pitch (including St Andrews Road,
(St Andrews) all premises annexed St Andrews
thereto)
Administrative block
2 five-a-sde football
pitches (including all
premises annexed thereto)
Gynmasium
34 CAP. 455.] SPORTS
4.1.5 Government or other public authorities shall not designate any members of
an NOC.
4.1.6 The individual members of the MOC, with the exception of those who
devote themselves to the administration of sport, shall accept no salary or bonus of
any kind in consideration for the performance of their functions.
4.1.7 A member, honorary member or any person expelled from the IOC may not
be a member of the MOC.
5 ELIGIBILITY FOR AFFILIATION
5.1 All properly constituted active local Associations / Federations / Sport
Unions organising, on a national level, a sport which forms part of the programme of
any Games that fall under the jurisdiction of the MOC, or a sport which is either
recognised by the IOC or any other sport, including traditional sport, shall be
eligible for affiliation to the MOC.
The MOC shall include all national federations affiliated to the IFs
governing sports included in the programme of the Olympic Games or the
representatives designated by them (with a minimum of five such national
federations). Proof must be adduced that these national federations exercise a
specific and real sport activity in their country and internationally, in particular by
organizing and participating in competitions and implementing training programmes
for athletes. The MOC shall not recognize more than one national federation for each
sport governed by such IF.
Athletes or retired athletes having taken part in the Olympic Games;
however, the latter must retire from their posts at the latest by the end of the third
Olympiad after the last Olympic Games in which they took part.
The NOCs may also include as members:
a) National federations affiliated to IFs recognized by the IOC, the sports
of which are not included in the programme of the Olympic Games.
b) Multi-sport groups and other sport-oriented organizations or their
representatives, as well as nationals of the country liable to reinforce
the effectiveness of the MOC or who have rendered distinguished
services to the cause of sport of Olympism.
5.1.1 Each particular sport shall be represented in the Malta Olympic Committee
by one Association/Federation/Sport Unions.
5.1.2 All applications for affiliation shall be examined by the Executive Board
in order to verify whether such applications are in conformity with these Rules. The
Board will then submit its recommendations to the Council for final decision.
5.1.3 If it results to the satisfaction of the MOC Executive Board that any
affiliated Association/Federation/Sport Union is in default in respect of any of the
criteria for affiliation as established in this article, the Executive Board will then
recommend to the Council that such Association/Federation/Sport Union be either
suspended or expelled. The Executive Board may also make such recommendation
for any reason which it deems fit. The Council will then have the power to suspend
for a definite time or expel such Association/Federation/Sport Union.
5.1.4 A motion of removal of an affiliated Association/Federation/Sport Union
or any individual member must appear on the Agenda of the meeting and shall
require the approval of at least two-thirds of the members present at the meeting for
its adoption.
40 CAP. 455.] SPORTS
MOC. The President and General Secretary of the MOC cannot hold the post of
President, General Secretary or Treasurer with any affiliated Association/Federation/
Sport Union.
7 THE COUNCIL
7.1 The Council shall have the power to administer the affairs of the MOC and
shall consist of the following:
7.1.1 The President of the MOC.
7.1.2 The General Secretary of the MOC.
7.1.3 The Maltese member/s of the IOC.
7.1.4 The co-opted members but without the right to vote.
7.1.5 Two representatives of each of the affiliated Associations/Federations/
Sport Unions.
7.1.6 The members of the Executive Board who are not the Council Members,
but without the right to vote.
7.1.7 Representative of the Olympians Club.
8 COUNCIL REGULATIONS
8.1 The Council will meet at least three times in a year, once during January/
March, another time during June/July and the third time during November/
December.
8.2 Documents to be discussed and approved by Council shall be submitted to
all council members at least 30 days prior to the meeting.
8.3 Twenty-five per cent of all the members of the MOC having the right to vote
shall form a quorum at all meetings. If the said quorum is not attained after one hour
from the scheduled time, a second meeting shall be convened not before 7 days and
not later than one month from the date of the first meeting and the quorum shall be
the members present at the second meeting.
8.4.1 The following shall have the right to vote at all meetings:
a) The President;
b) The General Secretary;
c) The Maltese Member/s of the IOC, if any;
d) Two representatives of each of the affiliated Associations/Federations/
Sport Unions.
e) Representative of the Olympians Club.
8.4.2 The President and General Secretary have no vote in respect of the
elections of the Executive Board members.
8.5.1 When dealing with questions relating to the Olympic Games, only the
votes cast by national federations affiliated to IFs governing sports included in the
programme of the Olympic Games are taken into consideration.
8.5.2 The MOC shall not recognise more than one national federation for each
sport governed by such IF.
Furthermore, such national federations or the representatives chosen by
them must constitute the voting majority of the MOC on Olympic matters.
When the representatives do not reach agreement on whether the subject
42 CAP. 455.] SPORTS
Elective General Assembly. The Executive shall appoint from amongst its members,
directors responsible for the various duties mentioned in 9.2 below or any other duty,
which it feels fit to assign.
9.1.3 The Maltese IOC member/s shall be ex officio member/s of the Executive
Board.
9.1.4 The duties of the Executive Board, inter alia, are the following:
a) Deal with all business of the MOC (not policy);
b) Deal with urgent business of the MOC on behalf of the MOC. These
decisions are to be ratified later at the first Council Meeting;
c) Raise funds and take charge of teams representing Malta.
9.1.5 The Executive Board is summoned by the President or Secretary General
at least ten times a year or at the request of two members. Six members shall form a
quorum.
9.1.6 There shall be a Management Committee of the MOC. This shall consist of
the President, Deputy President, Secretary General, Director of Finance and Director
of Sports.
9.1.7 The Management Committee shall be responsible for the day to day
management of the MOC according to the policy established by the Council.
9.1.8 The Management Committee shall meet as often as required. Three shall
constitute a quorum.
9.1.9 The minutes of the Management Committee shall be approved by the
Management Committee. However, they shall be circulated to all Executive
Committee Members.
9.1.10 The Management Committee shall not borrow or enter into any loan
agreements totalling more than fifty-eight thousand and two hundred and thirty-four
euro and thirty-three cents (€58,234.33) without the prior approval of the Council. It
cannot hypothecate MOC property without the prior approval of Council.
9.1.11 Once every six months the Management Committee shall hold a meeting
with the Presidents of the Associations/Federations/Sports Unions whose sports is
included in the next Olympiad, and of the other Sports Associations/Federations/
Sports Unions separately. In special cases, if the President of an Association/
Federation/Sports Union cannot attend, his/her Deputy President or his/her Secretary
General can attend instead of him/her.
9.2 Specific Duties
9.2.1 The duties of Executive Board members are the following:
9.2.2 The President will chair all meetings of the Council, the Executive Board
and the Management Committee. The President shall be ultimately responsible for
all matters and he has the right to exercise the casting vote.
9.2.3 The Deputy President will perform all the duties of the President in his
absence. He will be responsible for the functioning of all the commissions of the
MOC and also to act as coordinator in respect of such MOC Commissions.
9.2.4 The Secretary General will be responsible for the running of the secretariat
and the day to day running of the MOC. He will also be responsible for the relations
with member Associations/Federations/Sport Unions.
9.2.5 Director of Finance will be responsible for finance and will also present a
yearly budget for approval to the Executive Board. The Director of Finance will
44 CAP. 455.] SPORTS
present professionally audited accounts of the preceding year during the first
Council Meeting of each year, except for the first Council Meeting of the
Quadrennial. He shall present the pr ofessionally audited accounts for the
Quadrennial, during the Elective General Assembly.
9.2.6 Director of Sport will be responsible for the sports programme and
technical programme of the MOC. He will co-ordinate with member Associations/
Federations/Sport Unions as far as technical matters are concerned. He will also be
responsible for sports facilities. He will act as chairman of the sports commission.
He will be responsible for all matters connected with the Olympic Games,
Mediterranean Games, Commonwealth Games, Games of the Small States of Europe
and the European Youth Olympic Days.
Other duties of members elected on the Executive Board, could include
that of
9.2.7 Deputy Secretary General who will work in close collaboration with the
Secretary General and will deputise for him in his absence.
9.2.8 Director of Marketing who will be responsible for the planning and
execution of a marketing programme. He will be responsible for the relations with
sponsors. He will safeguard the emblem and marks of the International Olympic
Committee and of the Malta Olympic Committee.
9.2.9 Director of Media and Public Relations who will be responsible to project
the right image of the MOC and to inform the public on all activities organised by
the MOC. He will be responsible for all MOC publications and ancillary matters.
9.2.10 Director of Youth Programme who will be responsible to formulate a
policy on young athletes and on the role of sport in education at all levels. He will be
responsible for the organisation of the Log?ob g?a?-?g?a?ag? (Malta Olympic Youth
Sports Fest) and for all matters connected with the European Youth Olympic Days
and Giochi della Gioventù.
9.2.11 Director of the Olympic Academy who will be responsible to set up the
Academy and to hold regular courses and seminars for the promulgation of the
Olympic Ideals and he will also be responsible for the Sports Library and the
Museum.
9.2.12 Director of Relations with Government who shall be responsible to discuss
and improve the relations with Government Departments (eg. Income Tax, VAT) and
Authorities (Planning, Tourism), in order to improve the position of MOC, its
affiliated federations, and sports Associations/Federations/Sport Unions in general
in Malta.
9.2.13 Director responsible for Sport for All.
9.2.14 Director responsible for Ethics.
9.2.15 The Executive is empowered to assign the above-mentioned duties as well
as other duties to be decided upon, to anyone of the Executive Directors, including
members of the Management Committee, and may assign more than one of the
above-mentioned duties to the same director, as well as assign part of these duties to
one director and part to another director.
9.3 Vacancies
9.3.1 Vacancies of executive Board Members must be filled not later than two
months from the date that the Council meets and acknowledges a resignation, or
other reason that creates a vacancy. Meetings called for the purpose of election of
officers must be notified to all members at least fifteen days in advance.
S P OR T S [ CAP. 455. 45
13.2 The President, the General Secretary and Deputy President shall be ex
officio members on all committees. All reports shall be presented to the Council in
writing and after having been read and adopted shall be noted in the minutes.
14 APPEALS
14.1 Any decision taken by a Disciplinary Tribunal set up by the Malta Olympic
Committee may be submitted exclusively by way of appeal to the Court of
Arbitration for Sports in Lausanne, Switzerland, which will resolve the dispute
definitely in accordance with the Code of Sports-Related Arbitration. The time limit
for appeal is twenty-one days after reception of the decision concerning the appeal.
15 RESIGNATIONS
15.1 Executive board members failing to attend three (3) consecutive meetings or
a total of five (5) out of (9) meetings without justified reasons or fail to do their
duties according to the terms of reference as stated in Rule 9.2, shall be considered
as not in good standing. Such persons shall be considered as having resigned if they
do not justify their case at the first Council Meeting after such default.
15.2 A registered letter should be sent to such persons to attend this Council
Meeting.
16 RESOLUTIONS
16.1 A resolution shall not be rescinded unless the counter resolution has the
support of two-thirds of the members present.
17 PRIVILEGED MATTERS
17.1 All matters discussed at MOC meetings shall be deemed as privileged.
However, the MOC may from time to time inform any member Association/
Federations/Sports Union, or the media about its decision.
18 ADJOURNMENT
18.1 Any business or motion not dealt with by the closing of the meeting shall be
adjourned and given priority at the next meeting.
19 FINANCIAL YEAR
19.1 The financial year of the MOC will be from the beginning of November till
the end of October.
20 OLYMPIC RULES
20.1 Matters relating to international participation and not provided for in the
statute shall be dealt with in accordance with the IOC rules, or rules governing the
international event at the ti me. Shou ld there be any dou bt concerni ng the
interpretation of this constitution or omissions or discrepancies between it and the
provisions of the "Olympic Charter", the latter shall prevail.
20.2 The MOC shall constitute, organise and lead its delegation at the Olympic
Games and at the regional, continental or world multi-sports competitions patronised
by the IOC. The MOC shall be responsible for the behaviour of the members of its
delegations.
20.3 The Malta Olympic Committee shall have the exclusive powers for the
representation of Malta at the Olympic Games and at the regional, continental or
world multi-sports competitions patronized by the IOC.
The Malta Olympic Committee has the authority to apply to organize
International Games in Malta. The MOC shall comply with rules 31 - 35 and the bye-
laws to Rules 31 and 32 of the Olympic Charter.
S P OR T S [ CAP. 455. 47
21 SUSPENSION
21.1 Any member not conforming with any directive given by the Chairman
during any meeting may be suspended by the Chairman.
22 RECOGNITION OF NATIONAL ASSOCIATIONS / FEDERATIONS /
SPORT UNIONS
22.1. The MOC Council shall have the power to grant the status of Associate
member to any Association/Federation/Sport Union. Such associate member may
attend Council Meetings but shall not have the right to vote. However, the President
may grant the representative of such Association/Federation/Sports Union, the right
to address the Council.
22.2 The MOC Council shall have the power to give recognition to the National
Associations/Federations/Sports Union. A recognised Association/Federation/Sports
Union may attend council meetings but shall not have the right to vote.
22.3 All affiliated associated, or recognised Associations/Federations/Sports
Unions must inform the Malta Olympic Committee whenever they hold a general
meeting, at least fifteen days prior to the date of such General Meeting. The MOC
shall appoint a delegate to attend such General Meeting and to report on business
conducted thereat.
22.4. All decisions taken at any General Meeting of an affiliated Association/
Federation/Sport Union are to be notified to the Malta Olympic Committee within
fifteen days.
23 SUBSCRIPTION FFES
23.1 The Annual subscription Fee shall be of fifty-eight euro and twenty-three
cents (€58.23) to be paid in advance by the 31st January of each year. A list of all
Associations/Federations/Sport Unions affiliated to the MOC will be circulated
during the first week of February and before the first Council Meeting. Associations/
Federations/Sport Unions who are in arrears for two months shall after notice of
such action be suspended. Such Associations/ Federations/Sport Unions may
however be reinstated should they bring their subscription up to date and pay a fine
which the MOC may deem fit, but not exceeding two hundred and thirty-two euro
and ninety-four cents (€232.94).
24 DISSOLUTION
24.1 1n the event of the MOC being dissolved or disbanded the assets shall be
divided equally between the affiliated Associations/Federations/ Sports Unions.
25 INTERPRETATION OF THE RULES
25.1 The MOC is the sole interpreter of these rules but should there be any doubt
concerning the interpretation of this Constitution or omission or discrepancies
between it and the provisions of the "Olympic Charter", the latter shall prevail.
...................................................... ..................................................
Mr. Justice Lino Farrugia Sacco Joseph Cassar
President Secretary General
Date
48 CAP. 455.] SPORTS
CONTENTS
Index by Subject
Article Subject
18 Adjournment
3 Affiliation
14 Appeals
12 Commissions
4 Constitution
7 The Council
8 Council Regulations
24 Dissolution
5 Eligibility for Affiliation
11 Extraordinary Council Meetings
19 Financial Year
6 Governing Body
25 Interpretation of the Rules
9 MOC Executive Board
1 Name
2 Objectives
20 Olympic Rules
17 Privileged Matters
10 Elective General Assembly
22 Recognition of National Associations/Federations
15 Resignations
16 Resolutions
9.2 Specific Duties
13 Sub-Committees
23 Subscription Fees
5.1.6, 21.1 Suspension of Association
9.3 Vacancies
1.3 Emblem
5.1.4 Removal of Affiliated Fed.
5.1.5 Suspension of Individual
8.8 Amendments