Cap. 439 Art. 4CouncilforAnimal Welfare.

(1) There shall be a Council, to be known as the Council for Animal Welfare, consisting of a Chairman and eleven members, which shall exercise and perform the functions assigned to it by this Act or by any other law.

(2) The Council for Animal Welfare shall be composed as follows:

(a) a Chairman, appointed by the Prime Minister, after consultation with the Minister; (b) Deleted by Act XV.2025.38.

(c) the Director for Animal Welfare or his representative;

(d) a representative of the Ministry responsible for veterinary services;

(e) one veterinary surgeon, employed in the public service, with experience in animal health medicine;

(f) one veterinary surgeon, employed in the public service, with experience in farm animals’ matters;

(g) one veterinary surgeon with experience in private practice on small animals appointed after consultation with bodies representing private veterinary surgeons in Malta;

(h) two persons from non-governmental organisations;

(i) one person from amongst such persons or groups representing the interests of animal welfare and animal rights; and

(j) two persons representing the interests of livestock breeders and animal sport groups.

(3) The members referred to in sub-article (1)(b) to (j), both inclusive, shall be appointed by the Minister for such terms as the Minister shall decide from time to time.

(4) The members referred to in sub-article (1)(h) to (j), both inclusive, shall be appointed by the Minister from such persons who, in the opinion of the Minister, best represent the persons, groups or non-governmental organisations.

(5) The Minister shall appoint a Deputy Chairman from amongst the members of the Council.

(6) The Minister shall appoint a secretary to the Council.

(7) Subject to the provisions of this Act and to any regulations made thereunder the Council shall regulate its own proceedings: Provided that the Council may act notwithstanding any vacancy amongst its members.

(8) The Council shall have the power to co-opt, without the right to vote, or allow the presence of persons who are not members of the Council.

(9) The Council, with the concurrence of the Minister, shall have the power to appoint sub-committees to deal with specific matters including farm animal housing systems, biotechnology and animal experiments.

(10) The Minister may terminate the appointment of a member of the Council, and in the case of the Chairman of the Council the Prime Minister may terminate the appointment thereof, if he is satisfied that:

(a) without the consent of the Council, he failed to attend the meetings during a continuous period of four months;

(b) he is an undischarged bankrupt or has made an arrangement with his creditors, or is insolvent or has been found guilty of an offence affecting public trust or any offence under this Act or any regulations made thereunder;

(c) if, being a member chosen on the basis of his representative status, he ceases to retain such representative status: Provided that this sub-article shall not be construed to restrict the powers of the Minister and Prime Minister to terminate the appointment of any member or the Chairman of the Council at any time if deemed appropriate.

(11) No person shall be qualified to be a member of the Council for Animal Welfare if such person:

(a) is a Member of the House;

(b) is serving as a judge or magistrate;

(c) is legally incapacitated or interdicted;

(d) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Malta, or has made composition or arrangement with his creditors;

(e) is interdicted or incapacitated for any mental infirmity or for prodigality by a court in Malta, or is otherwise determined to be of unsound mind; or

(f) has been convicted of a crime affecting public trust or theft or fraud, or of knowingly receiving property obtained by theft or fraud, or an offence against this Act and, or regulations made thereunder and, or an offence against the Veterinary Services Act and, or regulations made thereunder.