Cap. 464 Art. 49Appeals Committee.

(1) There shall be an Appeals Committee for health care professions which shall be composed of the following members:

(a) a President nominated by the Prime Minister, from amongst legal practitioners;

(b) the Rector of the University of Malta, or his representative;

(c) the Superintendent of Public Health, or his representative;

(d) one member appointed by the Prime Minister from among health care professionals, as follows:

(i) one from such professionals regulated by the Medical Council where the appeal concerns a member of a health care profession regulated by that Council; or

(ii) one from such professionals regulated by the Pharmacy Council where the appeal concerns a member of a health care profession regulated by that Council; or

(iii) one from such professionals regulated by the Council for Nurses and Midwives where the appeal concerns a member of a health care profession regulated by that Council; or

(iv) one from such professionals regulated by the Council for the Professions Complementary to Medicine where the appeal concerns a member of a health care profession regulated by that Council;

(e) one member elected by and from among health care professionals, as follows:

(i) one from such professionals regulated by the Medical Council where the appeal concerns a member of a health care profession regulated by that Council; or

(ii) one from such professionals regulated by the Pharmacy Council where the appeal concerns a member of a health care profession regulated by that Council; or

(iii) one from such professionals regulated by the Council for Nurses and Midwives where the appeal concerns a member of a health care profession regulated by that Council; or

(iv) one from such professionals regulated by the Council for the Professions Complementary to Medicine where the appeal concerns a member of a health care profession regulated by that Council.

(2) All members of the Appeals Committee shall be so appointed or elected, as the case may be, for a term of three years and may be re-appointed or re-elected for a further term or terms.

(3) The Appeals Committee shall have the following functions:

(a) upon an application to this effect by the person concerned, to hear and decide upon a decision of the relevant Council whereby registration of a healthcare professional in the appropriate register is refused;

(b) upon an application to this effect by the person concerned, to hear and decide upon a decision of the relevant Specialist Accreditation Committee whereby the award of a specialist certificate to a healthcare professional is refused;

(c) upon an application to this effect by the person concerned, aggrieved by a default of the relevant Council to decide upon an application for registration, within the time referred to in article 42, or otherwise aggrieved by a decision of the relevant Council when an appeal against such a decision is permitted in accordance with Part VIII;

(d) to levy such fees as may be prescribed.

(4) An appeal to the Appeals Committee shall be filed within the peremptory term of twenty days from such decision.

(5) The Appeals Committee shall regulate its own procedure.

(6) In the exercise of its functions under this article, the Appeals Committee may appoint experts to relate on any matter before it.

(7) The Appeals Committee shall have the right to request from any council or specialist accreditation committee information in respect of any decision which is being investigated by it and may request the said council or committee to submit to it any or all documentation relating to the case being deliberated and it shall be the duty of the said council or committee to provide the requested information and, or documents without delay.

(8) (a) The Appeals Committee shall have the power to confirm, cancel or revoke with or without conditions, and to substitute any decision upon any appeal under sub-article (3)(a) or (b).

(b) Where the Appeals Committee finds in favour of an appellant under sub-article (3)(c) it may either proceed to decide the application itself or else order the relevant Council to determine such application within such time as it may consider reasonable, failing which it will proceed to decide the application itself, and in any case shall make a report of its findings to the Minister.