Cap. 585 Art. 10Functions of the Commission.

(1) There shall be set up a Commission for the

Protection from Ionising and Non-Ionising Radiation, hereinafter referred to as "the Commission", which shall act as the regulatory authority in the field of nuclear safety and radiation protection. The Commission shall have such functions in respect of its structures as are set out in this Act and such other functions as may devolve upon it under any other law, or as may be assigned to it by the Minister.

(2) It shall be the function of the Commission to:

(a) draw up and establish policies and strategies in consultation with the Minister to be followed by the Secretariat, relating to the protection against ionising and non-ionising radiation and other concerns addressed by the Act;

(b) co-ordinate the preparation of regulations governing any issues made in connection with this Act;

(c) act as a body of general review of the Secretariat;

(d) provide advice to the Secretariat when required as to the interpretation of the relevant provision in this Act;

(e) be the national body which gives effect to any decision of the UN Security Council or International Atomic Energy Agency, European Commission or internationally recognised entity or competent authority in the field of nuclear safety and radiation protection whenever so directed by the Minister;

(f) implement the regulatory requirements of Conventions and other EU legislation within the scope of this Act:

Provided that the Commission shall regulate its own procedures upon consultation with the Secretariat and the Minister on all matters related to its functions on matters regulated by this Act;

(g) prescribe the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document or the undergoing of any examination or test required by this Act or any regulations, directive or order made thereunder and in respect of any other matters in respect of which it appears to the Commission to be expedient for the purpose of the Act, regulations, directive or order to charge fees:

Provided that the Commission may appoint for this purpose, committees or sub-committees and it may co-opt on such committees or sub-committees competent persons from outside its membership, who in the opinion of the Commission, have professional or expert knowledge on any matter dealt with under this Act; so however that the co-opted members shall not have a vote on any matter before a committee or sub-committee.

(3) Without prejudice to the generality of this article, the Commission may undertake such other activity it may deem necessary or expedient for the purposes of its functions and objectives under this Act.

(4) The Commission shall consist of a Non-Executive Chairperson, a Deputy Chairperson, and not more than nine members.

(5) The Minister shall appoint members, as expert members in the Commission, for a period of three years and such period may be extended for further periods of three years each. The Commission shall be composed as follows:

(a) one member with regard to occupational health and safety issues;

(b) one member with regard to environment issues;

(c) one member with regard to the public health issues;

(d) one member with regard to the civil protection issues;

(e) one member with regard to transportation issues;

(f) one member with regard to the electromagnetic field issues;

(g) one member with regard to customs issues;

(h) one member representing civil society; and

(i) one member representing the field of communications:

Provided that the Minister may change the composition of the Commission so as to reflect the regulatory exigencies developing from time to time, provided that no members shall be responsible for the use of any form of ionising or non-ionising radiation. Members of the Commission shall be allowed to be represented by a replacement at meetings of the Commission and any such replacements shall have voting rights.

The Executive Secretary shall attend all meetings of the Commission but shall not have voting rights.

(6) The Chairperson and the Deputy Chairperson shall be appointed by the Minister for a period of three years and such period may be extended for further periods of three years each:

Provided that where the Chairperson is absent from Malta or is otherwise temporarily unable to perform the functions of that office, all duties and functions of the Chairperson shall be assumed by the Deputy Chairperson.