Cap. 464 Art. 48Default powers of the President of Malta.

(1) Where the President of Malta, acting on the advice of the Minister, is of the opinion that any of the Councils established under this Act has failed to carry out any of the functions conferred or imposed upon it by or under this Act, or has, in carrying out these functions, failed to comply with any regulation relating thereto, he may order an enquiry into the matter.

(2) Where, as a result of an inquiry as is referred to in sub-article (1), it appears that the Council in question has failed to carry out any of the functions conferred or imposed upon it by or under this Act, or has, in carrying out these functions, failed to comply with any regulation relating thereto, the President of Malta, acting on the advice of the Minister, may make an order declaring it to be in default.

(3) Upon the making of an order under sub-article (2) -

(a) the members of the Council which is declared to be in default shall forthwith vacate their office; and

(b) provision shall be made for the appointment of three members to act as pro tempore Council.

(4) The pro tempore Council appointed in pursuance of the provisions of sub-article (3) shall consist of the following members:

(a) a President who shall be a legal practitioner; and

(b) two other members from amongst health care professionals, registered with the relevant Council.

(5) The pro tempore Council shall exercise all the functions and have all the powers of the Council it is replacing.

(6) Not later than three months from the day that the order under sub-article (2) is made, new member of the Council in question shall be appointed or elected, as the case may be, and the pro tempore Council shall, upon the appointment and election of the new members of the Council, be dissolved.