Cap. 542 · Arts Council Malta Act (Cap. 542)
Cap. 542 ст. 12Functions of the Council.
PART III
(1) It shall be the duty of the Council to develop the sector and promote Malta’s cultural and creative sectors nationally and internationally through all forms of creative expression and to increase the accessibility of the public to culture and the arts.
(2) In the performance of its duties, the Council shall have the following functions:
(a) to advocate for the sectors and advise Government on:
(i) the development of cultural policy, the creative economy, policies for the sectors and all other matters concerning its functions or regulated by this Act;
(ii) structuring and integrating resources, at both Central and Local Government levels, in order to facilitate inter-industry linkages, enhance sustainability and competitiveness, and ensure minimal bureaucracy;
(iii) the signing of any bilateral, multilateral or international treaty, convention or agreement;
(iv) measures and action-plans to achieve the policies, strategies and objectives set by Government or by the Council; and
(v) the setting up of appropriate monitoring and evaluation mechanisms;
(b) to service the sectors by:
(i) acting as a single service point for the sectors;
(ii) supporting the sectors through the provision of appropriate advice, information, intelligence, programmes, incentives and initiatives;
(iii) hosting international and, or European offices resulting from Malta’s bilateral, regional, or international obligations relevant to the sectors;
(iv) administering the Malta Cultural Institute for the international promotion of Malta’s cultural and creative sectors;
(v) carrying out or giving effect to any relevant international convention or other international agreements relating to which the Government or the Council is or intends to become a party;
(vi) collaborating with other public entities, organisations and other persons for the promotion of artistic, cultural and creative initiatives in an environment which recognises the value of culture and creativity as central to a democratic and healthy community;
(vii) promoting intellectual property rights, and advising the sectors on aspects of their protection and commercialisation, and reporting feedback and proposals to the Comptroller of Industrial Property;
(viii) managing land, sites, premises, services, and facilities for the sectors;
(ix) setting up as necessary registers and lists according to the different sectors and the stakeholders and institutions involved therein; and
(x) overseeing the age-classification system for specific areas of the sectors;
(c) to develop and facilitate the implementation of strategies to:
(i) professionalise the sectors and develop expertise;
(ii) assist the sectors access national and international markets;
(iii) promote Malta as a hub for the sectors;
(iv) support industry networks and platforms that represent the sectors;
(v) encourage active participation in cultural programmes and activities;
(vi) develop particular sub-sectors, niches or matters as may, from time to time, be considered relevant, important or necessary in connection with the advancement and furtherance of the sectors;
(vii) encourage excellence and innovation particularly through the use of new digital technologies; and
(viii) enhance the role of the sectors in education and in fostering citizenship, creativity and innovation;
(d) to be the national research point for the sectors by:
(i) conducting and disseminating research for the sectors, including compiling and managing records, statistics, and databases related to the sectors as may be appropriate in connection with its functions; and
(ii) collaborating on national and international research projects and data gathering exercises with key national entities;
(e) to invest in the sectors by:
(i) devising, managing, approving and awarding incentives which include benefits, advances, loans, awards, schemes, grants, funding programmes and other financial facilities requiring the disbursement of funds, including funds originating from national or international sources, to any natural or legal person, according to criteria established by or under this Act or any other enactment, if any;
(ii) allocating funds donated or entrusted to the Council by any person for a specific purpose or for the promotion of culture, the arts, and the creative industries in general, and according to such terms and conditions, if any, as stipulated by the said person: Provided that where no terms or conditions are attached to the allocation of funds, the provisions of sub-paragraph (i) shall apply;
(iii) strengthening the organisations listed in the Second and Third Schedules to fulfil their remit which is in furtherance of National Cultural Policy and the strategic framework established by the Council and as stipulated by written instrument or as assigned to them by Government;
(iv) assessing and monitoring the strategies, financial estimates, and financial records of the organisations listed in the Second and Third Schedules and setting criteria for their funding based on their role and contribution to the development of the sectors;
(v) advancing funds as may be allocated by Government for the management, administration and operational requirements of the entities listed in the Second and Third Schedules; and
(vi) subject to the provisions of this Act, the Council may exercise its functions through any of its officers or employees or through an entity, or agency authorised for the purpose, or through a contractor or other person with whom an agreement for the performance of any one or more of such functions has been entered into, and in such cases the contractor shall have such powers, rights and obligations as an officer or employee of the Council and shall, for the purposes of this Act and any regulation or directive made thereunder, be for all intents and purposes considered an employee of the Council.
(2) In carrying out its functions under this Act, the Council shall ensure that its strategy, action plans and activities conform to the aims and objectives of national economic planning, general Government and Ministry policy, and shall give primary consideration to the flexible and evolving nature of the creative economy.