Cap. 325 Art. 58Functions and powers of the Board.

(1) The functions of the Board shall be to -

(a) establish and update a comprehensive state aid inventory;

(b) review and assess existing and new state aid, and provide advice about their compatibility with the principles contained in the relative present and future acts of the European Union;

(c) establish and implement appropriate rules of procedure and methodological systems which lead to an effective state aid monitoring and reporting system;

(d) provide expert opinions, positions and proposals for the formulation and implementation of state aid policy;

(e) prepare an annual report on state aid in Malta, on the basis of the established methodology used in the European Union;

(f) assist in the identification and implementation of appropriate capacity building concerning state aids;

(g) act as the pertinent body concerning state aid in Malta; and

(h) exercise such other functions and duties as may be prescribed.

(2) In its deliberations on specific cases or issues, the Board may require the input of persons engaged in the public sector and, or, entities; the Board may also request appropriate expertise from, or collaboration with, third parties, as it may deem necessary.

(3) In the exercise of its powers and functions under this Act, the Board shall have the right of access to all relevant information, and may seek the clarifications and explanations that it may deem necessary for its deliberations and conclusions.

(4) Every member of the Board shall regard and deal with all documents and information relating to matters contemplated by or pursuant to the provisions of this Part of this Act as secret and confidential and shall make and subscribe before a Commissioner for Oaths a declaration on oath to this effect in the form prescribed which shall be deposited with the Attorney General.

(5) Any person who, except as provided for or allowed under this Act or for the purposes thereof, communicates or attempts to communicate to any other person any matter or thing coming to his notice or being in his possession in the performance of his duties as a member of the Board shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) and not more than four thousand and six hundred and fifty-eight euro and seventy-five cents (4,658.75) or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment.