Cap. 81 чл. 24Compositionofthe Utilities Networks DisputeResolution Board.

(1) The Dispute Resolution Board shall be composed of a

President, who shall be a judge or an ex-judge or a magistrate or an ex-

magistrate appointed by the President of Malta acting on the advice of the Prime Minister, and two members selected by the President of the Board from a panel of ordinary members: Provided that if the President is an ex-judge or an ex-magistrate his appointment shall be for a term of five years and he shall vacate his office at the expiration of the term of the said appointment.

(2) There shall be a panel of six ordinary members, all with at least ten years relevant experience, appointed by the President of Malta acting on the advice of the Prime Minister, from amongst persons having relevant qualifications in any one or more of the fields of expertise related to the matters regulated by this Act or that may from to time to time be referred to the Board for resolution.

(3) In selecting the two ordinary members to sit on the Board under sub-article (1), the President shall take due account of the nature of the case and the market concerned.

(4) The ordinary members of the Board shall be appointed for a term of five years which term of office may be renewed for one other term of up to five years.

(5) The ordinary members of the Dispute Resolution Board may resign their office by a letter addressed to the President of Malta. The resignation shall take effect when the letter signifying the resignation is received by the President of Malta or by any person authorized by him.

(6) An ordinary member of the Dispute Resolution Board may not be removed from office except by the President of Malta acting on the advice of the Prime Minister on the ground of proved inability to perform the functions of his office whether arising from infirmity of body or mind or any other cause, or proved misbehaviour.

(7) Notice of all appointments to the Dispute Resolution Board and of all other changes in its membership shall be published in the Gazette.

(8) The Dispute Resolution Board shall be independent from all parties to the dispute in the performance of its functions, and the members thereof in the exercise of their functions shall act on their own individual judgment and shall not be subject to the direction or control of any person or authority.

(9) The ordinary members of the Dispute Resolution Board shall not be precluded from the exercise of their respective professions.

(10) The ordinary members of the Dispute Resolution Board shall receive such remuneration established in accordance with the Fourth Schedule, which remuneration shall not be altered during the tenure of their appointment to their disadvantage: Provided that the said Schedule may from time to time be varied by the Prime Minister: Provided further that any such remuneration shall be paid out of the Consolidated Fund without the necessity of any further appropriation.

(11) A person shall not be qualified to be appointed or remain an ordinary member of the Dispute Resolution Board if:

(a) he has been declared an undischarged bankrupt; or

(b) he has been sentenced to imprisonment for six months or more by any court; or

(c) he has been found guilty of any offence against this Act, any law relating to the regulation of any utility service or any regulations made under this Act or any such laws; or

(d) he is a Member of the House of Representatives or of the European Parliament or of a Local Council.

(12) An ordinary member of the Dispute Resolution Board shall, before the commencement of any case, declare any interest he may have in the proceedings and the President shall, where he considers that such interest may prejudice the independence of the member concerned, appoint another member from the panel.

(13) Where proceedings have commenced and no final decision has yet been delivered and the member has ceased to be a member thereof or for any other reason is unable to perform the functions of his office, the President may elect to appoint another member from the panel in his stead, and should it be strictly necessary for the proper determination of the dispute recommence proceedings, or continue to hear the dispute with only one ordinary member: Provided that where the term of appointment has expired and the ordinary member has not been reappointed, the ordinary member shall continue to hear the dispute until it is concluded.

(14) The President where he is an ex-judge or ex-magistrate and the ordinary members of the Dispute Resolution Board, shall, during their term of office, act with integrity and not engage in any activity which would harm the proper administration of justice or which, due to knowledge gained from business secrets or other confidential information during the tenure of their office, would give rise to conflict of interest and harm the interests of any parties to the proceedings before the Board. Any person who acts in contravention of this sub-article shall be guilty of an offence against this Act and shall on conviction be liable to a fine (multa) of not less than five thousand euro (€5,000) and not more than twenty fifty thousand euro (€25,000), and the court may, in addition, award the punishment of temporary or perpetual general interdiction from occupying any public office.