S.L. 595.3 Art. 3Nationality requirements for appointments in the Public Service. S.L. 217.05 S.L. 217.06 S.L. 217. 25.

(1) Subject to sub-regulation (2) and to regulation 5, no person shall be appointed to a public office unless that person is -

(a) a Maltese national; or

(b) a national of another Member State of the European Union who is entitled to equal treatment to Maltese nationals in matters of employment by virtue of the provisions on the free movement of workers; or

(c) a national of any other country who is entitled to equal treatment to Maltese nationals in matters related to employment by virtue of the application to that country of the provisions on the free movement of workers; or

(d) any other person who is entitled to equal treatment to Maltese nationals in matters related to employment in terms of the law or the provisions on free movement of workers on account of his family relationship with a person mentioned in paragraph (a), (b) or (c); or

(e) a third country national who has been granted long-term resident status in Malta under regulation 4 of the Status of Long-Term Residents (Third Country

Nationals) Regulations, or who has been granted a residence permit under regulation 18(3) thereof, together with family members of such a third country national who have been granted a residence permit under theFamily Reunification Regulations; or

(f) in possession of a residence document issued in terms of the Residence Status of United Kingdom Nationals and their Family Members in Malta in accordance with the Agreement on the Withdrawal of the United Kingdom and Northern Ireland from the European Union and the European Atomic Energy Community Regulations:

Provided that the appointment of any person to whom paragraphs (b), (c), (d) or (e) apply shall be subject to the issue of an employment licence, in so far as such a licence is lawfully required for that person to work in Malta.

(2) Where suitable candidates for a public office cannot be found, the Principal Permanent Secretary may, after informing the Public Service Commission, waive the requirements set out in sub-regulation (1).

(3) The Principal Permanent Secretary may, in writing, delegate his authority under sub-regulation (2) to other public officers, subject to the requirement to inform the Public Service Commission and to any other requirements which the Principal Permanent Secretary may impose.

(4) This regulation shall apply without prejudice to any language requirements which may from time to time be set for appointments to particular public offices when such requirements are proportionate and reasonably necessary for the proper fulfilment of the tasks involved.