Administrative Justice Act (Cap. 490)
Administrative Justice Act (Cap. 490), article 23F
23F. (1) This Part shall apply to all new appointments made to
administrative tribunals includi ng those indicated in the Third
Schedule and made after the laps e of four (4) months from the c oming
into force of this Part.
(2) This Part shall not be construed as exempting any person
having the power to make nominations or appointments of persons to
preside over any administrative tribunal not included in the Th ird
Schedule from the duty, before making any such nomination or
ADMINISTRATIVE JUSTICE [CAP. 490. 13
appointment, to be satisfied as to the suitability of the perso n
nominated or appointed to act independently and impartially on such
administrative tribunal.
(3) Any reference in articles 23C and 23D to an "administrative
tribunal" or to a "Chairperson" or "member" of an administrativ e
tribunal shall be construed only as a reference to an administr ative
tribunal included in the Third Sch edule and to its Chairperson and
members.
Act No. XVIII of
2026.
(4) Any person who, on the date of the coming into force of this
Part, holds office as a Chairperson or member of an administrat ive
tribunal listed in the Third Schedule in accordance with the la w
applicable to such administrative tribunal immediately before t he
coming into force of the Administrative Justice (Amendment) Act,
2026 shall continue to hold office until the expiry of the term for which
that person was appointed.
(5) S ubject to sub-article (1), upon the expiry of the term referred
to in sub-article (4), any subsequent appointment to that offic e shall be
made in accordance with the provisions of this Part and Part IVter.
(6) F or the purposes of article 23D(4), any term of office served as
Chairperson or member of an administrative tribunal listed in t he Third
Schedule before the coming into force of this Part shall not be taken into
account.
(7) F or the purposes of sub-article (6), a person who, before the
coming into force of this Part, has served one (1) or more term s as
Chairperson or member of an administrative tribunal listed in t he Third
Schedule shall be eligible to apply and, if selected, to be app ointed as
though such person had not previously served any such term.
Added by:
XVIII.2026.3.
PART IVter
Ethics and Discipline
Duty of proper
conduct.
23G .(1) Without prejudice to Part II, the Chairpersons and
members of administrative tribunals shall be obliged to conduct
themselves properly, in an ethically correct manner and not to give rise
to reasonable doubt as to their independence and impartiality i n the
performance of their duties.
(2) In the performance of thei r functions and duties, the
Chairpersons and members of the administrative tribunals listed in the
Third Schedule shall uphold and promote the principles and stan dards
established in the Fourth Schedule:
Provided that within one (1) year from the date of its
establishment, the Commission sh all, with the concurrence of th e
Minister responsible for justice, draw up one or more Codes of Ethics
applicable to the administrative tribunals listed in the Third Schedule.
Administrative
office.
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.