Cap. 455 Art. 4Establishment and composition of SportMalta.

(1) There shall be a body, to be known as SportMalta.

(2) The affairs and business of SportMalta shall be the responsibility of and be conducted by a Board of Directors.

(3) (a) The Board shall consist of not less than seven and not more than nine members. The members of the Board shall be appointed by the Minister for a term not exceeding three years and will be eligible for re-appointment on the expiration of their term of office.

(b) The members of the Board shall be persons who, in the opinion of the Minister, have experience in matters relating to sport.

(c) A member of the Board shall be nominated by the Malta Olympic Committee and another from among those persons responsible for sport education within the Ministry responsible for Education and nominated by the Minister responsible for Education and another member shall be nominated by National Associations responsible for non-Olympic Sports.

(4) The Chairperson of the Board and the Deputy Chairperson shall be appointed by the Minister from among the members of the Board. The Board shall be assisted by a secretary appointed by the Minister.

(5) Where the Chairperson is absent from Malta or is otherwise temporarily unable to perform the functions of his office, the Deputy Chairperson shall act as chairperson and shall exercise all the powers and functions of the Chairperson.

(6) A person shall not be qualified to be appointed or to hold office as a member of the Board if he:

(a) is a judge or magistrate; or

(b) is legally incapacitated; or

(c) has been declared bankrupt or has made a composition or arrangement with his creditors; or

(d) has been convicted of a crime affecting public trust or theft or fraud or of knowingly receiving property obtained by theft or fraud; or

(e) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as a member of the Board: Provided that the Minister may waive the disqualification of a person under this paragraph if such person declares the interest and such declaration and waiver are published in the Gazette.

(7) Subject to the provisions of this article, the office of a member of the Board shall become vacant:

(a) at the expiration of his term of office, or

(b) if any circumstances arise that, if he were not a member of the Board, would cause him to be disqualified for appointment as such.

(8) A member of the Board may be relieved from office by the Minister on the ground of inability to perform the functions of his office, whether due to infirmity of mind or body, or to any other cause, or on the ground of misbehaviour.

(9) A member of the Board may resign his office by means of a letter to the Minister. If a member resigns or is relieved from office by the Minister or if the office of a member of the Board is otherwise vacant, the Minister may appoint a person who is qualified to be appointed as member of the Board; and any person so appointed shall continue in office for the remaining period of the term of office of the person whom he is substituting and shall be eligible for reappointment.

(10) Any member of the Board who has any direct or indirect interest in any contract made or proposed to be made by SportMalta, not being an interest which disqualifies such member from remaining a member, shall disclose the nature of his interest at the first meeting of the Board after the relevant facts have come to his knowledge, such disclosure shall then be recorded in the minutes of the Board, and the member having an interest as aforesaid shall withdraw from any meetings at which such contract is discussed. Any such disclosure shall be communicated to the Minister without delay. Where the interest of the member is such as to disqualify him from remaining a member, he shall report the fact immediately to the Minister and, without prejudice to the provisions of the proviso to sub-article (6)(f), tender his resignation.

(11) SportMalta shall perform its functions and shall exercise its powers either directly or through any of the following, namely (a) management committees, (b) directorates, or (c) any other persons (including commercial partnerships or foundations, appointed for the purpose after consultation with the Minister).

(12) Subject to the other provisions of this Act and to any directions of the Board, the executive conduct of SportMalta, its administration and organisation and the administrative control of its officers and servants, shall be the responsibility of the Chief Executive Officer, who shall also have such other powers as may from time to time be delegated to him by the Board. The Chief Executive Officer shall also be responsible for the implementation of the objectives of SportMalta and the exercise of its functions and without prejudice to the generality of the foregoing he shall develop the necessary strategies, policies and regulations for the implementation of the objectives of SportMalta, advise the Board on any matter it may refer to him or on any matter which he considers necessary or expedient, and perform such other duties as the Board may assign to him from time to time.

(13) The Chief Executive Officer shall have the right to attend all the meetings of the Board. He shall not, however, have a vote or be counted for the purpose of constituting a quorum.