Cap. 619 чл. 5Establishment and composition of the Authority and Malta Racing Board.

(1) There shall be a body, to be known as EquestriMalta, the affairs and business of which shall be carried out by a Board to be known as the Malta Racing Board, consisting of a Chairperson and twelve (12) other members, who shall be persons of integrity who are fit and proper to assume the responsibilities of the Authority under this Act or under any special law which the Authority is entitled to administer or enforce.

(2) Members of the Board shall be appointed by the Minister, and shall hold office for such term not exceeding three (3) years, and under such conditions as may be set out in their respective letter of appointment:

Provided that on the expiration of the term for which a person is appointed under this sub-article, the person shall be eligible for re-appointment.

(3) The Board shall consist of:

(a) a Chairperson and six (6) members nominated by the Minister;

(b) three (3) members nominated by HOADA;

(c) one (1) member nominated by the operators;

(d) one (1) member nominated by the recognised association, federation or club for the sport of Polo; and

(e) one (1) member nominated by the recognised association, federation or club for equestrian sport.

(4) The Chairperson may designate one (1) of the members of the Board as Deputy Chairperson and the member so designated shall have all the powers and perform all the functions of the Chairperson during the Chairperson’s absence or inability to act as Chairperson or during any vacancy in the office of Chairperson.

(5) The number of members present at meetings of the Board necessary to form a quorum shall be the Chairperson or Deputy Chairperson and three (3) other members, but, subject to the presence of a quorum, the Board may act notwithstanding any vacancy among its members.

(6) The Board may also designate a suitably qualified person to act as a secretary, but the secretary shall not have a vote.

(7) The Board may invite such professionals or other persons to attend meetings of the Board and to provide information and documentation as the Board may deem appropriate.

(8) In order to carry out its functions, the Board shall make use of such funds as the Minister may from time to time make available to it; as well as such funds as it may under regulations made under this Act collect as fees or otherwise.

The Board may make its own rules and regulate its own procedure.

(9) A person shall not be qualified to hold office as a member of the Board if he:

(a) is a Minister, Parliamentary Secretary or a member of the House; or

(b) is a judge or magistrate of the courts of justice; or

(c) fails the due diligence checks as may be established by order of the Minister from time to time; or

(d) has been convicted of a criminal offence affecting public trust, or of theft or fraud, or of knowingly receiving property obtained by theft or fraud or of bribery or of money laundering, or is being investigated for such criminal offence; or

(e) owns, runs, administers, has an interest in or is employed in a company licensed by the Malta Gaming Authority, or similar authority in any other country, that offers games of chance or gambling to the consumer.

(10) Subject to the provisions of this article, the office of a member of the Board shall become vacant –

(a) at the expiration of his term of office; or

(b) if any circumstances arise that, if he were not a member of the Board, would cause him to be disqualified for appointment as such.

(11) A member of the Board may only be removed from office by the Minister for any one or more of the following reasons:

(a) if the member due to infirmity of mind or of body or for any other cause is effectively unable to continue to discharge his duties as a member; or

(b) if the behaviour or performance of the member brings into question his suitability or ability to continue as a member, in particular for behaviour that affects or may affect his reputation, independence or autonomy, or the reputation, independence or autonomy of the Authority; or

(c) if the member fails to perform his duties for a prolonged period without any valid justification and it shall be a cause for the removal of a member if that member for any reason fails to perform his duties, including attending Board meetings, for a continuous period exceeding six (6) months.

(12) If the Minister removes a member of the Board from office, such removal shall be made public by no later than the effective date of removal from office. At the same time, the Minister shall provide the member concerned with a statement of reasons for his removal, and the member shall have the right to request that the statement of reasons for his removal be made public, in which case the Minister shall publish such statement.

(13) If a member resigns or if the office of a member of the Board is otherwise vacant or if a member is for any reason unable to perform the functions of his office, the Minister may appoint a person who is qualified to be appointed to be a member to be a temporary member of the Board; and any person so appointed shall cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions.

(14) Any member of the Board who has any direct or indirect interest in any decision or contract made or proposed to be made by the Board, not being an interest which disqualifies such member from remaining a member, shall disclose the nature of his interest at the first meeting of the Board after the relevant facts have come to his knowledge; such disclosure shall then be recorded in the minutes of the Board, and the member having an interest as aforesaid shall withdraw from any meetings at which such decision or contract is discussed, if deemed necessary by the Chairperson. Any such disclosure shall be communicated to the Minister without delay. Where the interest of the member is such as to disqualify the person from remaining a member, the person shall report the fact immediately to the Minister and tender his resignation.

(15) With reference to conflicts of interest, the Board shall, with the consent of the Minister, issue guidelines which shall determine which conflicts of interest require a Board member’s resignation.