Administrative Justice Act (Cap. 490)

Administrative Justice Act (Cap. 490), article 23A

Official PDF on legislation.mt

23A. (1) There shall be a commission to be known as the Commission for Appointments and Discipline in Administrative Tribunals, hereinafter in this Part and in Part IV ter referred to as the "Commission", which shall be composed as follows: (a) a Chairperson being a retir ed Judge or Magistrate; and (b) f o u r ( 4 ) o t h e r m e m b e r s w h o s h a l l b e p e r s o n s o f k n o w n integrity and recognised competence, possessing substantial experience in public administration, governance, regulation, administrative justice or other fields related to the functions of administrative tribunals: Provided that no member of the Commission shall participate in any process concerning the appointment, evaluation, discipli ne or removal from office where that member has a direct or indirect interest, or where circumstances exist which may reasonably giv e rise to doubt as to his impartiality . (2) The Chairperson and the members shall be appointed by the President of Malta acting on the advice of the Cabinet, and dif ferent members may be appointed in different compositions of the Commission entrusted with appointments to different administrat ive tribunals. (3) In the exercise of its functions, the Commission shall act ADMINISTRATIVE JUSTICE [CAP. 490. 11 independently and shall not be subject to the orders or directi on of any other person or authority. (4) The remuneration of the Chairperson and of the members of the Commission shall be a charge on the Consolidated Fund. (5) There shall be a secretary to the Commission, appointed by the Minister, who shall be responsible only for the administrat ive functions of the Commission, without having any decision-making power or voting right. (6) The Commission may, where it considers it necessary, appoint one (1) or more persons possessi ng relevant technical or sector al knowledge or experience to assist it in the process of evaluati ng candidates for a particular admin istrative tribunal. Such perso n shall act solely in an advisory capacit y and shall have no right to v ote. (7) A person appointed under sub-article (6) shall receive such remuneration as may be establishe d by notice in the Gazette, an d such remuneration shall be paid out of the Consolidated Fund. Alternate Chairpersons and members.

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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.