Administrative Justice Act (Cap. 490)

Administrative Justice Act (Cap. 490), article 10

Official PDF on legislation.mt

10. (1) In proceedings before it, the Administrative Review Tribunal shall be assisted by tw o assistants, appointed under t his article, whom the Administrative Review Tribunal may consult in any case for its decision. (2) Such consultation shall take place in open court or in camera and the Administrative Rev iew Tribunal shall not be boun d to abide by the opinion of the assistants. (3) The two assistants shall be appointed by the President of Malta, acting on the advice of the Prime Minister from amongst persons who, in the Prime Minister’s opinion, have previous ADMINISTRATIVE JUSTICE [CAP. 490. 5 experience and special qualifica tions in a particular field of expertise falling within the competence of the Administrative Review Tribunal. (4) The President of Malta, acting on the advice of the Prime Minister, may appoint panels of assistants depending on the sub ject matter of the dispute and the Secretary shall select two assist ants from each panel for each case. (5) The President of Malta, acting on the advice of the Prime Minister may, from time to time, add to or vary such order to include, remove, fuse together or change existing panels as the case may be. (6) The President of Malta, acting on the advice of the Prime Minister, may at any time, appoint more than two persons on eac h panel as assistants of the Administrative Review Tribunal, but only two such persons from each panel shall assist the said Tribunal in any one case. (7) The office of an assistant of the Administrative Review Tribunal shall become vacant: (a) at the expiration of four years from the date of appointment unless such appointment is renewed for a period or furth er periods of four years; or (b) following removal from off ice in the same manner and on the same grounds as a magistrate may be removed from office; or (c) following a written request addressed to the Prime Minister to that effec t by such assistant. (8) The assistants of the Administrative Review Tribunal may abstain or be challenged in the same manner and on the same grounds as, according to law, a magistrate may abstain or be challenged. Any question regarding any cause of abstention or challenge shall be decided by the Chairperson. (9) In the exercise of his or her function, an assistant of the Administrative Review Tribunal shall not be subject to the direction or control of any other person or authority other tha n the Chairperson of the Administrative Review Tribunal. (10) Upon appointment, an assistant of the Administrative Review Tribunal shall take an oath of office. The oath shall be taken before the Chairperson. (11) An assistant of the Administrative Review Tribunal shall receive such remuneration as the President of Malta, acting on the advice of the Prime Minister, may by order to be published in t he Gazette from time to time prescribe. Such remuneration may not be altered to the disadvantage of an assistant during his or her p eriod of office. Sittings of the Administrative Appeals Tribunal.

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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.