Cap. 327 Art. 26Council for the Teaching Profession in Malta.

(1) There shall be a Council to be known as the Council for the Teaching Profession, which shall be composed of the following members:

(a) a President appointed by the Minister from amongst persons who have served, or who have the qualifications to serve, as magistrate or judge;

(b) three registered teachers who have practised the profession of teacher for not less than eight years, appointed by the Minister, two of whom will be chosen in respect of one of them from among the officials of the Directorate for Quality and Standards in Education and the other from among the officials of the Directorate for Educational Services established under Part II of this Act;

(c) four registered teachers who have practised the profession of teacher for not less than eight years, elected by and from among all registered teachers, provided that two of whom shall be teaching at the primary level and the other two at the secondary level of education, and in either case one shall be teaching in the State school sector and the other in the non-State school sector, and for the purposes of this paragraph the voting for the election of these members shall be by post according to those procedures as may be prescribed;

(d) two practising registered teachers from among registered teachers and who have practised the profession of teacher for not less than eight years, nominated by that association registered with the Council in accordance with the provisions of this Act and which satisfies the Council that the majority of the registered teachers are its members;

(e) two members nominated by the University from among the permanent academic staff of the Faculty responsible for the education and training of teachers;

(f) a parent nominated by the parents’ associations: Provided that in relation to the first appointments, "teacher" means any person who is qualified to be registered under this Act: Provided further that for the purpose of paragraph (d), the association or associations to make nominations in relation to the first appointment shall be that association or those associations that have the qualifications to be eventually registered under this Act.

(2) The nominations made in terms of the preceding sub-article shall, for the first time, be made within two weeks from a request in writing made therefor by the Minister, and for any subsequent nomination, within one month from the occurrence of any vacancy or when the vacancy arises due to the expiry of the term of office, within one month prior to the said expiry. In the absence of any such nomination, the Minister shall make the appointment from among teachers or parents as the case may be.

(3) On the occurrence of any vacancy of a member elected in accordance with sub-article (1)(c), where possible, the Minister shall appoint the person who was the runner-up in the elections previously held for such purpose, and any person who is so appointed shall keep on occupying such post up to the termination of the term of office of the person being so substituted.

(4) The members of the Council shall hold office for a term of three years.

(5) The members of the Council shall, on the expiration of their term of office, be eligible to be re-appointed, but they may not serve the Council for more than three consecutive terms.

(6) In the event that any Council member vacates his office before completing the appointed term, the person appointed in his stead shall be appointed for the remaining period of the original appointment.

(7) The number of members present necessary to constitute a quorum at the meetings of the Council shall be half the members plus one, but subject to the presence of a quorum, the Council may act notwithstanding any vacancy among its members.

(8) The Minister shall designate a public officer to act as secretary to the Council, but such secretary shall not have a vote.

(9) The chairperson of the Council shall have both an original vote and, in the case of a tie, a casting vote.

(10) Without prejudice to the aforesaid and to what may be prescribed, the Council may make its own rules and otherwise regulate its own procedures.

(11) The meetings of the Council shall be summoned by the Chairperson and the Council shall meet as often as may be necessary, but at least once every month.

(12) In the exercise of its functions under this Act, the Council may consult with such persons as it may deem appropriate. For such purpose, the Council may invite any such person to attend meetings of the Council.

(13) The Council shall keep a true and correct record of all its proceedings and the Council shall give to the Minister such information as he may require.