Cap. 12 Art. 519AGuardianship Board.

(1) There shall be a Guardianship Board (hereinafter in this Title referred to as the ‘Board’) which shall be appointed by the President of Malta acting on the advice of the Prime Minister given after consultation with the Social Affairs Committee of the House of Representatives.

(2) The Guardianship Board shall be composed of three members as follows:

(a) a Judge or Magistrate or a person who has acted as a Judge or Magistrate who shall also be the President of the Board;

(b) one member appointed after consultation with the National Commission Persons with Disability after this has consulted organizations working in the field of persons with disability;

(c) one member appointed after consultation with the relevant authority responsible for safeguarding the rights of persons with mental disorder after this has consulted organizations working in the field of persons with mental disorder: Provided that persons who satisfy the requirements of paragraphs (a), (b) or (c) above may be appointed as substitute members to act on the Board in cases where any of the persons appointed under the respective paragraph cannot hear a specific application.

(3) The President and the other members of the Board shall hold office for a period of three years and shall be eligible for re-appointment for further terms of office:

Provided that if a member of the Board is appointed at any time after the other members, the term of office of such member shall end on the same date as that of the other members.

(4) A person shall not be qualified to hold office as member of the Board if that person:-

(a) is a Minister, a Parliamentary Secretary or a member of the House of Representatives or a Mayor or a Councillor in a Local Council; or

(b) is legally incapacitated or interdicted; or

(c) is subject to guardianship; or

(d) has been declared bankrupt; or

(e) has been convicted of a crime affecting public trust or of theft or fraud, or of knowingly receiving property obtained by theft or fraud, or of a crime affecting the good order of families.

(5) The office of a member of the Board shall become vacant:-

(a) at the expiration of the term of office; or

(b) if any circumstances arise that, if that person were not a member of the Board, would cause that person not to qualify for appointment; or

(c) on the resignation of that member.

(6) The appointment of any person as a member of the Board and the termination of office or resignation of any such person shall be notified in the Gazette:

Provided that the failure to publish any such appointment, termination or resignation as the case may be, shall not prejudice the validity of such appointment, termination or resignation.

(7) The Board shall perform such functions as are assigned to it in this Title and in Sub-title IA of Title VI of Book First of the Civil Code and in any regulations as the Minister responsible for Social Policy, in conjunction with the Minister responsible for Justice and the Minister responsible for Health may from time to time make.

(8) Where in the course of the exercise of its functions the Board becomes aware of any fact which raises a reasonable suspicion of a breach of professional conduct it shall refer such fact to the appropriate authorities.

(9) Where in the course of the exercise of its functions the Board becomes aware of any fact which raises a reasonable suspicion of the commission of a criminal offence it shall report such fact to the appropriate authorities.

(10) In the exercise of its functions the Board shall not be subject to the direction or control of any other person or authority.

(11) The Minister shall appoint a public officer to act as Registrar to the Board.

(12) Unless the Board otherwise determines the Board shall proceed with closed doors.