S.L. 595.3 Art. 5Reservation of certain posts for Maltese nationals. Cap. 595.

(1) The Principal Permanent Secretary may issue directives and guidelines in terms of the Public Administration Act to ministries, departments, agencies, government entities and boards or commissions, to reserve for Maltese nationals any posts involving the exercise of public authority and the safeguarding of the general interests of the State, including any or all of the following:

(a) posts in the Office of the President, the House of Representatives, the Prime Minister’s and Ministers’ secretariats, the Cabinet Office, and the offices of the Principal Permanent Secretary and any Permanent Secretary;

(b) posts involving the preparation of expert advice in the field of prosecution of offences or lawmaking, and posts entailing responsibility for advisory constitutional bodies;

(c) posts involving the sovereignty of the State, including diplomatic and foreign representation;

(d) posts in the Office of the Prime Minister and the Ministries of Finance, Justice, Home Affairs and Foreign Affairs;

(e) posts within departments charged with the protection of the economic interests of the State, including tax authorities;

(f) positions in the Senior Executive Service;

(g) posts in the disciplined forces and offices responsible for defence matters; and

(h) posts in the security services and in the field of civil protection and defence.

(2) The directives and guidelines issued by the Principal Permanent Secretary in accordance with this regulation may establish procedures to ensure that, following the coming into force of these regulations, he is alerted to vacancies in posts to which sub-regulation (1) applies with a view to determining whether or not each such post should be reserved for Maltese nationals.

(3) Where Maltese nationals suitably qualified for appointment to a reserved post are not found, or where the Principal Permanent Secretary believes that they are not likely to be found, the Principal Permanent Secretary may authorise the appointment of a non-Maltese national through such procedures as may be applicable and under such terms and conditions as he may prescribe.