Cap. 622 Art. 13Periti Professional Conduct Board. Cap. 490.

(1) The Kamra shall refer the investigation into any alleged breach on the part of Periti in terms of this Act to a board, to be known as the Periti Professional Conduct Board which shall consist of:

(a) a chairman to be appointed by the Minister, in consultation with the Kamra tal-Periti, from among retired judges or magistrates;

(b) two (2) members selected by the chairman for each case delegated to the Board by the Council of the Kamra from a list of warrant holders, which selection is to be made by lot after the Council of the Kamra tal-Periti issues a call at least every two (2) years for nominations for warrant holders who have held a warrant for at least fifteen (15) years;

(c) two (2) members selected directly by the chairman from the nominated warrant holders and who have experience in the matter under discussion.

(2) The chairman shall be appointed for a term of three (3) years, and under such conditions as may be set out in his letter of appointment.

(3) The other members of the Board shall hold office until the case to which they have been appointed by the Chairman is concluded:

Provided that the chairman and all warrant holders identified in accordance with article 13(1)(b) shall take an oath to carry out their functions according to law and with impartiality before a Commissioner of Oaths.

(4) When any vacancy for the post of chairman of the Board occurs, the Minister shall, as soon as practicable, appoint another person to fill the vacancy in consultation with the Kamra.

(5) When any vacancy among the members occurs another person shall be appointed by the chairman from the list aforementioned to fill such vacancy for the remaining term: Provided that if there are no other persons available to fill such vacancy the Kamra shall issue a call for nominations accordingly.

(6) The number of members necessary to form a quorum shall be four (4) but, subject to the presence of a quorum, one of which shall be the chairman, the Board may act notwithstanding any vacancy among its members.

(7) The Board shall be listed under the First Schedule of the

Administrative Justice Act, and hence the provisions of article 3 of the said Act shall be applicable, except that the sittings of the Board shall not be held in public.

(8) The Periti Professional Conduct Board shall conduct inquiries into the professional practices of a warrant holder to establish whether these are in violation of the Code of Professional Conduct or inconsistent with the dignity and good practice of the profession, and into any abuses or failures imputed to him in the exercise of his profession or in connection with professional affairs, only after having been delegated to do so by the Council of the Kamra tal-Periti and if the Council, after making the necessary investigations, finds that there is a case for action, it shall refer such case to the Board. The decision of the Periti Professional Conduct Board shall include the reasons for the suspension of the certificate to practise or the revocation of a warrant, and the relevant minutes of the meetings and, or sittings of the Periti Professional Conduct Board.

(9) The Board may make its own rules and otherwise regulate its own procedure, in consultation with the Council of the Kamra tal-Periti. The Board shall exercise its functions independently and according to its own judgement:

Provided that is all evidence is presented under oath, which oath is to be administered by the chairman.

(10) (a) The selection of the members of the Board by the chairman, for cases referred to the Board, shall ensure that no possibility or perception of potential conflict of interest exists during the determination of specific cases.

(b) A member is disqualified from sitting on the Periti Professional Conduct Board if:

(i) he is related by consanguinity or affinity in a direct line to the complainant or the person on whom the complaint was served;

(ii) he is related by consanguinity in the degree of brother, uncle or nephew, grand-uncle or grand-nephew or cousin, or if he is related by affinity in the degree of brother, uncle, or nephew, to the complainant or the person on whom the complaint was served;

(iii) he is the tutor, curator, or presumptive heir of the complainant or the person on whom the complaint was served;

(iv) he is or has been the agent of any of the complainants or the person on whom the complaint was served;

(v) he had in any way expressed himself on the matter at issue;

(vi) the complainant or the person on whom the complaint was served propose to call him as a witness;

(vii) he, or his spouse, is directly or indirectly interested in the outcome of the case;

(viii) he had a dispute, argument or disagreement of whatever nature with the complainant or the person on whom the complaint was served.

(c) A member may be challenged or abstain from sitting in a case during the first appointed hearing unless knowledge of any reasons of disqualification become forthcoming during subsequent hearings.

(d) Any member who is subject to a challenge must declare by way of a partial decision whether there is reason to abstain in virtue of this article.

(e) An appeal from a partial decision delivered in terms of paragraph (d) may only be filed with an appeal from the final decision of the Board.