Police Act (Cap. 164)

Police Act (Cap. 164), article 23

Official PDF on legislation.mt

23. (1)There shall be a Disciplinary Board, appointed upon the request of the Commissioner, which shall be made up of three members, a Chairperson appointed by the Permanent Secretary in the Ministry responsible for the Police, and another two member s appointed by the Senior Appointments Advisory Committee. The Board shall be appointed in accordance with the rules of the Pu blic Service Commission: Provided that the Chairperson sh all be a Public Officer at the Ministry responsible for the Police and the other two members s hall be retired Public Service officers, one of whom shall be a retired Police Officer who served in a high rank of Superintendent or higher. (2) For the purpose of sub-article (1), the Commissioner shall a lso appoint a substitute Chairperson and other substitute members as necessary. (3) The members shall hold office for a period of three years fr om the 1st January of the year for which they are appointed and ma y be eligible for re-appointment. (4) Notwithstanding any other provision of the law, regulation a nd order, the disciplinary board shall regulate its own procedure, which procedure shall be published: Provided that, if any member of the disciplinary board is the direct superior of the officer o r is related by consanguinity o r affinity, up to the fourth degree inclusive, to any such officer or has a ny professional interest in the proceedings, other than as a membe r of the disciplinary board, the said member shall forthwith make a decl aration of such relationship or interest to the disciplinary board and such declaration shall be entered in the minutes. The said member sh all thereafter abstain from taking part in the proceedings and deli berations of the disciplinary board on any question relating to such offi cer and from voting thereon, and shall be replaced by a substitute memb er. (5) Any member who is unable to attend or who will be abstaining from participating as chairperson or member of the disciplinary board, shall be replaced by a substitute member. (6) If a member of the disciplinary board is incapable to perform the functions of his office, due to mental illness, mis conduct, death, resignation or any other reason, the Commissioner, shall as soon as possible, appoint another person from one of the substitute members to fill the vacancy, and the pers on so appointed shall remain i n office for the remainder of the term of office. Proceedings before the Commissioner or disciplinary board.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.