Police Act (Cap. 164)

Police Act (Cap. 164), article 6

Official PDF on legislation.mt

6. (1) There shall be a Commissioner of Police, hereinafter referred to as "the Commissioner" , who shall be commissioned fo r leading and guiding the Force, as well as regulating the appoin tment, duties and discipline of the Force. (2) When a vacancy occurs in the office of Commissioner, the procedure for the appointment of a Commissioner shall be the following: (a) the Public Service Commission shall issue a public call for applications subject to the necessary qualifications and experience required for a person to be eligible for appointment to the office of Commissioner;                    Cap. 595. (b) after examining the candidates, the Public Service Commission shall draw up a short-list indicating the two most suitable candidates. The Public Service Commission shall refer the said short-list of the two candidates to the Cabinet which shall, after giving due consideration to the two sho rt-listed candidates, refer the candidate who it considers to be the most suitable candidate for appointment to the responsible Minister. The Minister responsible shall refer the said candidate for a parliamentary hearin g by the Standing Committee on Public Appointments established under article 37 of the Public Administration Act. The provisions of article 38 of the Public Administration Act shall, mutatis mutandis, apply to the said hearing: Provided that notwithstanding the provisions of any other law or regulations, the decision of the Public Service Commission regarding the shortlist drawn up by it according to this para graph, shall not be subject to any appeal procedure; (c) if the Standing Committee on Public Appointments 6 [CAP. 164. POLICE ACT advises in favour of the ap pointment of the selected candidate, the Prime Minister shall appoint the selected candidate after con sultation with the Public Service Commission; and (d) if there is only one eligib le candidate, the process provided in paragraphs (b) and (c) shall, mutatis mutandis, be applied in respect of that candidate. (3) The Commissioner shall be assisted by such Deputy Commissioners, Assistant Commissioners and such other police officers of such ranks as may from time to time be approved by the Minister. (4) The Commissioner may also be assisted by technical specialis ts that may be engaged from outside the Force. (5) The Minister may make regulations regulating the appointment of such technica l specialists. (6) The Commissioner shall repres ent the Force in any judicial proceedings. (7) The Commissioner may delegate, wholly or in part, any of the powers, functions or authorities assigned to him by this Act. (8) The Commissioner shall submit the business plan to the Polic e Governance Board. Chief Executive Officer.

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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.