Cap. 418 Art. 3Establishment and composition of the Malta Communications Authority.

(1) There shall be a body, to be known as the Malta

Communications Authority, the affairs and business of which shall be carried out by a board composed of a Chairman and not less than four and not more than six other members, in accordance with the provisions of article 5.

(2) The members of the Board shall be appointed by the Minister from amongst persons of recognised standing and professional experience on the basis of merit, skills, knowledge and relevant experience, for a term of not less than three (3) years but not exceeding six (6) years, which term shall be specified in the instrument of appointment, and the members so appointed may, subject to the requirements of this article, be re-appointed on the expiration of their term of office for another term: Provided that in appointing the members of the Board, the Minister shall act in an open and transparent manner and shall ensure the continuity of decision-making by the Authority: Provided further that any such appointments shall be published in the Gazette by the Minister.

(3) The Minister shall designate one of the other members of the Board as Deputy Chairman and the member so designated shall have all the powers and perform all the functions of the Chairman during his absence or inability to act as Chairman, or while the Chairman is on vacation or during any vacancy in the post of the Chairman.

(4) 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 of Representatives or of a Local Council; or

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

(c) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as a member of the Board: Provided that the Minister may waive the disqualification of a person under this paragraph if such person declares the interest and the Minister considers that there are valid reasons for such a waiver: Provided further that if the Minister decides to grant such waiver, the declaration of the person stating his interest, the waiver and reasons therefor shall be published in the Gazette.

(5) 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.

(6) 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 of any other cause is effectively unable to continue to discharge his duties as a member;

(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;

(c) if the member 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, provided that the Minister may suspend the member if he is being investigated for such a criminal offence; or

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

(7) (7)If the Minister dismisses a member of the Board from office, such dismissal shall be made public at the time of dismissal from office. In doing so the Minister shall provide the member concerned with a statement of reasons for his dismissal. If the statement of reasons for dismissal is not made public then, the member concerned shall have the right to request that the statement of reasons for his dismissal be made public, in which case the Minister shall publish such statement without any delay: Provided that the member so dismissed may contest the decision of the Minister to dismiss him on both points of fact and of law by means of an action to be filed before the Civil Court within twenty days of the notification of the aforesaid decision to the said member. The provisions of the Code of Organization and Civil

Procedure for the hearing and determination of cases shall apply to any such action.

(8) 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 as a member, to be a temporary member of the Board. Any person so appointed shall, subject to the provisions of sub-articles (4), (5) and (6), 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: Provided that any temporary appointment made under this article shall not at any one time exceed the period of one year.

(9) Any member of the Board who has any direct or indirect interest in any 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 contract is discussed. Any such disclosure shall be communicated to the Minister without delay. Where the interest of the member is such as to disqualify him from remaining a member, he shall report the fact immediately to the Minister and tender his resignation.