S.L. 431.1 Art. 5Nominations.

(1) The Chairperson of the Council and the Executive

Secretary of the Council shall, by notice in writing, sent individually or by publication in two newspapers, one being in the Maltese language and the other in the English language, invite:

(a) each organisation forming part of the sector of activity within civil society as listed in the register; and

(b) the Local Councils Association;

(c) the Malta Council for the Voluntary Sector;

to nominate in writing persons to represent such sector on the Committee.

(2) Where the sector nominates only two persons, one as representative and one as substitute, which persons must be designated accordingly, then such persons shall be accepted by the Chairperson of the Council to be validly nominated to such positions.

(3) Where the sector nominates more than two persons, the Chairperson of the Council and the Executive Secretary of the Council shall organise an election and the person who receives the highest number of valid votes cast within that sector shall be the representative and the person who receives the second highest number of valid votes cast within that sector shall be the substitute. The same shall apply when the sector nominates only two persons but there is no agreement within such sector as to who shall fulfil the role of representative and who shall fulfil the role of substitute.

(4) Each sector shall be entitled to elect one representative and one substitute.

(5) In the case of a resignation or retirement by any representative, the substitute shall fill the post of the representative who resigned or retired for the period of office remaining for that representative, and the sector shall nominate a person to fill the post of substitute, or if an election had originally been held, the person with the next highest number of valid votes cast within that sector shall be the substitute also for such period.

(6) In the case of a resignation or retirement by any substitute, the sector shall nominate a person to fill the post of substitute, or if an election had originally been held, the person with the next highest number of valid votes cast within that sector shall be the substitute for the period of office remaining for that substitute.

(7) In the case of the sector representing organisations involved with persons with disability, it may directly nominate its representative and substitute as stated in sub-regulation (2); however should an election need to be held, notwithstanding sub-regulation (3), candidates who have a disability shall be appointed, on the basis of the number of valid votes cast within that sector, in preference to other persons who do not have a disability even if receiving more votes.

(8) In the absence of two persons with a disability elected to act as representative and substitute, then the persons receiving the highest number of valid votes cast within that sector shall be elected to such positions in accordance with this regulation.

(9) In the case of resignation or retirement of any representative or substitute the preference stated above shall apply mutatis mutandis.

(10) In the case of the Local Councils Association, the Association shall directly nominate one person to represent local councils on the Committee and one substitute.

(11) In the case of the Malta Council for the Voluntary Sector, it shall be represented on the Committee by the Chairperson of Malta Council for the Voluntary Sector and one (1) directly nominated substitute.