Police Act (Cap. 164)
Police Act (Cap. 164), article 23
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.
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.