Administrative Justice Act (Cap. 490)
Administrative Justice Act (Cap. 490), article 23D
23D. (1) A person shall not be qualified to be appointed
Chairperson or member of an administrative tribunal if such
person:
(a) is a member of the House of Representatives;
(b) is a member of a Local Council;
(c) is an undischarged bankrupt;
(d) is interdicted or incapacitated according to law; or
Cap. 9.
(e) has been sentenced by any court to imprisonment for any
period or has been found guilty by any court of any of the
offences found in Titles III, V and, or VI of Part II of Book
First of the Criminal Code.
(2) The Chairpersons and members of administrative tribunals
shall receive such remuneration as the Prime Minister may by notice in
the Gazette establish and such remuneration shall be a charge on the
Consolidated Fund. Such remuneration shall not during the term of
office of Chairpersons and members be altered to their disadvantage.
(3) During the term of their office, the Chairpersons and members
of administrative tribunals shall be precluded from the exercise of their
profession in cases before the administrative tribunal to which they are
appointed.
(4) Unless the law establishing the administrative tribunal to
which appointments are made in accordance with article 23C provides
f o r a l o n g e r p e r i o d o f ap p o i n t m e n t o r f o r t h e e x c l u s i o n o f
reappointment, either immediately after the expiry of an appointment
or after the expiry of a reappointment, appointments made in
accordance with the said article shall be for a period of five (5) years:
Provided that the appointed person may be reappointed for one
(1) further term only, provided that he reapplies following a new call
for applications issued in accordance with article 23C, and his
application is examined by the Commission on the same basis and in
accordance with the same criteria applicable to the other applicants.
Power to make
regulations.
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.