S.L. 595.46 Art. 8The employees of the Agency.

(1) From the appointed date, the employees of the

Council and of ŻFIN Malta assigned to work:

(a) with the national dance ensemble;

(b) with the national theatre company;

(c) with the national choir, shall become employees of the Agency under the same terms and conditions as they exist on the appointed date, and relevant contracts of employment concluded by the Council, and which still active and valid on the appointed date, shall remain in force as if these contracts had been concluded by the Agency.

(2) All employees of the Agency shall be considered as employees of the Agency from the appointed date.

(3) Without prejudice to the provisions of the Constitution of Malta, and of any other law applicable thereto, and without prejudice to the other provisions of this order and any applicable directives, the appointment of employees of the Agency who are necessary for the proper and effective performance of its functions, shall be made by the Agency itself, with that remuneration and under those terms and conditions which may be determined by the Agency.

(4) (a) In accordance with the provisions of the Act and with the approval of the Prime Minister, the Agency may request from time to time and after consultation with the Minister, that any public employee shall be detailed for duty with the Agency in such capacity and with effect from such date as may be specifically requested, agreed or approved.

(b) During the time within which a public officer is detailed for duty with the Agency, while he is under the (ESTABLISHMENT AS AN AGENCY)

administrative direction and control of the Agency, he shall remain and retain all the rights and obligations of a public officer, and for the purposes of any law relating to pensions for service with the Government, service with the Agency shall be regarded as service with the Government:

Provided that in assessing the pensionable emoluments of such officer for the purposes of any law relating to government service pensions, no account shall be taken of any allowances, bonuses or gratuities paid to such officer by the Agency in excess of what he is entitled to as a public officer:

Provided further that, during the time within which he is so detailed to perform duties with the Agency, his terms and conditions of service shall not be less favourable than those which are attached to his appointment with the Government during the period aforesaid, and such terms and conditions shall not be deemed to be less favourable because they are not in all respects identical or superior to those enjoyed by the officer concerned at the date of such detailing, if in the opinion of the Prime Minister such terms and conditions, taken as a whole, offer substantially equivalent or greater benefits.

(c) The Agency shall follow the applicable directives, and shall use the salary scale and grading structure adopted by the Council:

Provided that no position shall be classified in a grade higher than Grade 3 of the service with the Government or any other grade that the Minister responsible for finance may from time to time by notice in the Gazette establish.