Cap. 510 · Malta Competition And Consumer (Cap. 510)
Cap. 510 ст. 12Relations between the Minister and the Authority and supervision by Permanent Secretary.
PART III
(1) It shall be the Minister’s function to ensure that the
Authority is fully informed of Government policies relative to consumer and competition matters, standards, metrology and technical regulations and to monitor the proper execution of such policies.
(2) Save as otherwise provided in this Act, the Consumer Affairs Act, the Competition Act, the Product Safety Act, the
Metrology Act, the Food Safety Act, the Pesticides Control Act, the
Goldsmiths and Silvermiths Act and any other Act or regulations administered by the Authority, the Authority shall be under the general direction and control of the Minister and, subject to such direction and control, under the supervision of the Permanent Secretary responsible for the Ministry.
(3) The Minister may, in relation to matters that appear to him to affect the public interest, from time to time give to the Authority directions in writing of a general character not inconsistent with the provisions of this Act, the Consumer Affairs Act, the Competition
Act, the Product Safety Act, the Metrology Act, the Food Safety
Act, the Pesticides Control Act, the Goldsmiths and Silvermiths
Act and any other Act or regulations administered by the Authority, on the policy to be followed by the Authority in the carrying out of its functions, by or under this Act, and the Authority shall, as soon as possible, give effect to all such directions.
(4) Sub-articles (2) and (3) shall not apply in respect of the powers exercised by the Directors General of the Office for Competition and Office for Consumer Affairs under this Act, the Competition Act and the Consumer Affairs Act respectively or any other law or regulations with respect to the prioritisation, investigation and determination of cases and enforcement.
(5) The Authority shall afford to the Minister facilities for obtaining information with respect to its property and financial activities and furnish him with returns, accounts and other information with respect thereto, and shall afford to him facilities for the verification of information furnished, in such manner and at such times as he may reasonably require.
(6) If the Authority fails to comply with any directions issued under this article, the Prime Minister may make an order transferring to the Minister in whole or in part any of its functions.
(7) The operations of the Authority shall follow an Authority performance agreement which is to be agreed to between the Permanent Secretary and the Authority and for this purpose article 30 of the Public Administration Act shall apply. mutatis mutandis
(8) Article 28 of the Public Administration Act shall mutatis apply to the extent that its application does not conflict mutandis with the provisions of this Act, the Consumer Affairs Act, the Competition Act, the Product Safety Act, the Metrology Act, the
Food Safety Act, the Pesticides Control Act, the Goldsmiths and
Silvermiths Act and any other Act or regulations administered by the Authority.