Cap. 199 Art. 5Constitution of the Board and appointmentoftwo Panels.

(1) There shall be a Board to be known as the Rural Leases Control Board.

(2) The Board shall consist of a chairman who shall be a magistrate or a person who has practised as an advocate in Malta for a period of, or periods amounting in the aggregate to, not less than seven years, appointed by the Prime Minister.

(3) The Prime Minister may appoint several magistrates or persons qualified as in sub-article (2) hereof to sit on the Board, but only one magistrate or other person qualified as aforesaid shall sit as chairman in any one case.

(4) The Prime Minister shall also appoint two panels as follows:

(a) a panel of Architects and Civil Engineers from among persons who hold the warrant to practise as Architect and Civil Engineer according to the provisions of the Periti Act and who have practised that profession in Malta for not less than seven years; and

(b) a panel of persons (in the public service or otherwise) who are competent and knowledgeable in agricultural matters.

(5) The chairman or any member of the panels may abstain or may be challenged by any of the contending parties for any of the causes mentioned in article 739 of the Code of Organization and Civil Procedure and any question arising in regard to or in connection with any cause of challenge or abstention shall be decided by the chairman.

(6) (a) Where the chairman is not a magistrate he shall not enter upon the duties of his office unless he has taken and subscribed before the State Advocate an oath to exercise his functions and to examine and decide any matter referred to him with equity and impartiality.

(b)The members of the panels shall not enter upon the duties of their office unless they have taken and subscribed an oath before the chairman to exercise their functions under this Act with impartiality and in accordance with the law.

(7) The members of the panels shall be appointed for a period of two years and may be re-appointed.

(8) Whenever a question arises before the Board requiring the valuation of any agricultural land or any other technical opinion in connection with any case before the Board, the chairman shall assign one member from each panel to examine the agricultural land in question or to take cognizance of the record of the case relative to the matter in which the technical opinion is requested, and such two members shall present their report to the chairman during the sitting or file the said report in the Registry of the Board as the chairman may direct:

Provided that where the valuation of any agricultural land or any other technical opinion in respect of any case is required before the board and where:

(i) it results that the valuation or other technical opinion in respect of the same agricultural land was given before a court by an Architect or Civil Engineer or by another technical expert appointed by such court with the agreement of the lessor and the tenant who were parties to the said case before the court and who are also parties to the case before the board; and

(ii) the said valuation or other technical opinion was confirmed in a final judgment of a court, the chairman may, after hearing the parties, decide to rely on the said valuation or technical opinion to such extent as he deems fit instead of assigning two (2) members of the panel to examine the agricultural land in accordance with this article:

Provided further that the chairman may also decide to rely on any valuation or other technical opinion instead of assigning two (2) members of the panel as aforesaid where all the parties to the case agree.

(9) The chairman may also require the said two members to attend the sitting of the Board when that case is being considered by the Board if any of the said two members require additional information from the parties or need to hear any particular witnesses.