S.L. 595.45 Art. 3Establishment and functions of the Detention Services Agency. Cap. 217.

(1) There shall be established an Agency, to be known as the Detention Services Agency.

(2) The Agency shall be a body corporate having a distinct legal personality and shall be capable of entering into contracts, of employing personnel, of acquiring, holding and disposing of any kind of property for the purpose of its operations and of suing and of being sued and to which any function or operation of Government may be assigned under this or any other law:

Provided that and without prejudice to the provisions of article 39 of the Act, the Minister shall be entitled to give directions in writing and the Agency and its Chief Executive Officer shall be bound to observe such directives.

(3) The legal and judicial representation of the Agency shall be vested with the Chief Executive Officer or his representative.

(4) The Agency and its employees shall uphold and promote the public service values and those specific to the role of the Agency.

(5) The Agency shall be responsible for the confinement of third country nationals who entered Malta irregularly or are irregularly present in Malta and who have been issued with an order prescribing their detention in terms of the Immigration Act or subsidiary legislation thereunder or any other legislation providing for administrative detention or confinement.