Cap. 164 · Police Act (Cap. 164)
Cap. 164 Art. 34AEstablishment of PoliceDisciplinary Appeals Board.
TITLE IV
(1) There shall be a Police Disciplinary Appeals Board composed of three members, one of whom shall be the Chairperson appointed by the President of Malta acting on the advice of the Cabinet of Ministers.
(2) The Chairperson of the Board shall be a person who has practised as an advocate in Malta for a period or periods amounting, in the aggregate, to not less than seven years. The other members of the Board shall be retired public officers.
(3) The members of the Board shall hold office for a period of three years and shall be eligible for reappointment.
(4) Persons appointed as members of the Board shall hold office until their successors are appointed.
(5) The President of Malta acting on the advice of the Cabinet of Ministers may also appoint a substitute chairperson and substitute members of the Board to sit on the Board whenever the chairperson or members or any one of them is for some valid reason unable temporarily to attend and participate in the sittings of the Board:
Provided that, as far as practicable, the same chairperson and the same members shall hear and conclude the same case.
(6) (a) There shall be such a number of chambers of the Board as the Minister may prescribe.
(b) Where there is more than one chamber of the Board, cases shall be assigned to the various chambers in accordance with such rules as the Minister may prescribe.
(c) Each chamber of the Board shall be composed of a chairperson and two other members as provided in sub-articles (1) to (3), which together with all the other provisions of this Act other than this sub-article shall apply with respect to each chamber as if reference therein to the Board were a reference to a chamber of the Board.
(7) If any vacancy in the Board occurs during the term of appointment, on account of death, resignation, or for any other cause, the President of Malta shall, as soon as practicable, appoint another person to fill the vacancy and the person so appointed shall remain in office for the remainder of the term of office of his predecessor:
Provided that the Board shall continue to act notwithstanding any such vacancy.
(8) A member of the Board shall be removed from office by the President of Malta acting on the advice of the Cabinet of Ministers on the ground of inability to discharge the functions of his office, whether arising from infirmity of mind or body or any other cause or for misbehaviour.
(9) The Board shall have a Secretary who shall be appointed by the Minister.
Wijzigingsgeschiedenis
- Amended by LVII.2021.11