Cap. 380 · Small Claims Tribunal Act (Cap. 380)
Cap. 380 Art. 4Adjudicators.
(1) The Tribunal shall be presided by an adjudicator sitting alone:
Provided that more than one adjudicator may be appointed to sit in any of the said Tribunals, but only one adjudicator shall sit in any one case.
(2) Adjudicators shall be appointed by the President acting in accordance with the advice of the Prime Minister. A person shall not be qualified to be appointed as Adjudicator unless he has practised as an advocate in Malta for a period or periods amounting in the aggregate to not less than seven years.
(3) A person shall be disqualified to be appointed adjudicator if such person -
(a) is a member of the House of Representatives; or
(b) is a member of a Local Council; or
(c) is an undischarged bankrupt; or
(d) has been sentenced by any court to imprisonment for any term or has been found guilty by any court of any of the crimes in Titles III, V or VI of Part II of Book
First of the Criminal Code.
(4) (a) Adjudicators shall receive such remuneration as the Prime Minister may by notice in the Gazette determine and such remunerations shall be a charge on the Consolidated Fund; such remuneration shall not during the tenure of office of an Adjudicator be altered to his disadvantage.
(b) During the term of their appointment, Adjudicators shall be precluded from the exercise of their profession in cases before the Tribunal.
(5) Adjudicators shall be appointed for a term of five years and, on the lapse of their term, they shall not be eligible for re-appointment:
Provided that if the office of Adjudicator is vacant or if the Adjudicator is unable to perform the functions of his office, then, until a person has been appointed and has assumed the functions of that office, then, until a person has been appointed and has assumed the functions of that office, those functions shall be performed by any other Adjudicator in office or by such other person qualified for appointment as Adjudicator as may be appointed to act as Adjudicator by the President acting in accordance with the advice of the Prime Minister. Such person shall continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President acting in accordance with the advice of the Prime Minister.
(6) In the exercise of his functions under this Act, an Adjudicator shall not be subject to the control or direction of any other person or authority. An Adjudicator may not be removed from office except in the manner and for the reasons provided for in article 97(2) of the Constitution, and any law or regulation made pursuant to article 97(3) of the Constitution for the purposes of article 97(2) thereof shall apply mutatis mutandis to the procedure for the presentation of an address and for the investigation and proof of the inability or misbehaviour of an Adjudicator under the provisions of this article.
Verwijst naar
- Cap. 380 Art. 97