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Cap. 490 · Administrative Justice Act (Cap. 490)

Cap. 490 чл. 23AEstablishmentand functions of the Commission.

PART IV

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(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 IVter referred to as the "Commission", which shall be composed as follows:

(a) aChairperson being a retired Judge or Magistrate; and

(b) four (4) other members who shall be persons of known 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, discipline or removal from office where that member has a direct or indirect interest, or where circumstances exist which may reasonably give 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 different members may be appointed in different compositions of the Commission entrusted with appointments to different administrative tribunals.

(3) In the exercise of its functions, the Commission shall act independently and shall not be subject to the orders or direction 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 administrative 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 possessing relevant technical or sectoral knowledge or experience to assist it in the process of evaluating candidates for a particular administrative tribunal. Such person shall act solely in an advisory capacity and shall have no right to vote.

(7) A person appointed under sub-article (6) shall receive such remuneration as may be established by notice in the Gazette, and such remuneration shall be paid out of the Consolidated Fund.