S.L. 595.43 Art. 4Establishment of specialised unit.

(1) A specialised unit shall be established in a accordance with the exigencies and requirements of the public administration and for a number of functions to be executed in a defined period.

(2) The Prime Minister may establish a specialised unit in his discretion or after consideration of a formal request sent by a Permanent Secretary to establish a specialised unit.

(3) The formal request listed in sub-regulation (2) shall include the functions that are proposed to be assigned to the specialised unit, description of the same, and the proposed defined period. The request shall also be signed by the Minister proposed to be responsible for the specialised unit or by the Principal Permanent Secretary.

(4) The Prime Minister shall prescribe the functions and the defined period mentioned in sub-regulation (3) in the order issued in accordance with article 9 of the Act.

(5) A specialised unit shall not have legal personality and shall be considered to be part of the Ministry of the Minister:

Provided that if the Prime Minister considers that the specialised unit requires a separate legal personality in order to be able to operate and execute its functions in the best way, the Prime Minister shall prescribe that the specialised unit has legal personality in the order issued in accordance with article 9 of the Act.

(6) For the purpose of carrying out its functions, a specialised unit may collaborate with ministries, departments, authorities, corporations and government agencies, local councils, regional councils, non-governmental organisations, private organizations and enterprises, and other persons.

(7) (a) The Minister may on request of the Permanent Secretary, following consultation with the Prime Minister, appoint a Supervisory Board with the role of supervising the operation and the performance of the functions by the specialised unit;

(b) The Supervisory Board shall be made up of a Chairperson, two (2) ordinary members who shall be appointed by the Prime Minister and a secretary who shall be appointed by the Minister:

Provided that the secretary shall be responsible for taking the minutes of the Board's meetings and for the Board’s communication, and shall be a non-voting member of the Board: Provided further that the ineligibility mentioned in regulation 5(5) shall apply to the persons appointed mutatis mutandis on the Board, and the persons working in the specialised unit shall be deemed ineligible to serve on the Board.

(c) The Supervisory Board may adopt general procedures for its operation;

(d) The members of the Supervisory Board may be paid a remuneration in accordance with the applicable directives and guidelines issued by the Government from time to time.

(8) The existence of a specialised unit shall terminate, whichever of the following occurs first:

(a) at the end of the defined period; or

(b) upon the performance of functions:

Provided that if the defined period expired and the functions have not been performed completely and there is a need that the specialised unit should continue to exist until the carrying out of the assigned functions are completed, the Prime Minister may amend the order issued in accordance with article 9 of the Act and extend the existence of the specialised unit by a number of months but which shall not exceed more than three (3) years.