Cap. 513 Art. 3Building Regulation Board. Committee of Appeals. Cap. 12.

(1) There shall be a board to be known as the Building Regulation Board, hereinafter referred to as "the Board", which shall consist of a chairperson and not less than six and not more than eight other members as follows:

(a) a with at least eight years experience in building perit construction, who shall preside;

(b) two other persons, one a nominated by the Kamra perit tal-Periti and, a warranted engineer nominated by the Chamber of Professional Engineers; and

(c) at least four other persons, each with professional qualifications and, or knowledge and experience on matters related to building construction, or health and safety, or building services.

All the members of the Board shall be appointed by the Minister for a period of three years. The Minister may designate one of the other members of the Board as Deputy Chairperson and the member so designated shall have all the powers and perform all the functions of the Chairperson during his absence or inability to act as chairperson or while the Chairperson is on vacation or when there is a vacancy in the office of chairperson; and the Minister may also, in any of the circumstances aforesaid, appoint another person to act as chairperson and in such case the foregoing provisions shall apply in respect of such person.

(2) The Chairperson and each of the other members of the Board shall, before entering upon the duties of their office, take an oath in the form set out below:

"I .................................. do swear that I will faithfully perform the duties of Chairperson/Member of the Building Regulation Board without favour or partiality according to law. So help me God.".

(3) At least four members of the Board, together with the Chairperson, shall form a quorum. Decisions shall be adopted by a simple majority of the votes of the members present and voting. The Chairperson, or in his absence the Deputy Chairperson or other person appointed to act as chairperson, shall have an initial vote and in the event of an equality of votes, a casting vote.

(4) In the exercise of its functions, the Board shall -

(a) be consulted by the Minister in accordance with articles 4(1), 6(1), 6(6), 11(1), 18(2) and 19 regarding regulations that may be made from time to time under this Act;

(b) consult with stakeholders including Government departments or bodies corporate established by law, on matters relating to building regulations and building control regulations;

(c) advise the Minister on all matters relating to building regulations and building control regulations, and any other functions as prescribed by this Act;

(d) set the parameters, in accordance with article 5(1), by which the Building Regulation Office shall evaluate the capabilities of fire consultants or other consultants in the building industry, and of building contractors and building tradespersons for registration in any of the categories or sub-categories established by article 5(4) and for the issue of licences to masons in connection with building works in Malta;

(e) advise the Minister on the setting of criteria for the suspension, withdrawal or cancellation of a registration or licence;

(f) issue technical guidance documents as may be required from time to time;

(g) decide upon the dispensing with or relaxation of a requirement of the building regulations, following an application or on its own accord, in accordance with articles 6 to 10;

(h) consider appeals from any decision taken by the Director in accordance with articles 12 and 13;

(i) carry out any activity or function in relation to building regulations or building control regulations which may be assigned to it by means of regulations made by the Minister in accordance to the provisions of this Act.

(5) The meetings of the Board shall be called by the Chairperson as often as may be necessary but at least once a month either on his own initiative or at the request of any two of the other members. Subject to the provisions of this Act, the Board may regulate its own procedure.

(6) There shall be paid to the members of the Board such remuneration as the Minister may, with the concurrence of the Minister responsible for finance, determine.

(7) The Minister shall designate public officers to be the administrative secretariat of the Board consisting of a Secretary and such other officers or employees as may be necessary to assist the Board efficiently in the matters which fall within its jurisdiction.

(8) The members of the Board shall on the expiration of their term of office be eligible for reappointment.

(9) (a) The Board shall keep a register of all its decisions in relation to -

(i) the relaxation or dispensation of building regulations in accordance with article 10; and

(ii) appeals made under article 13(3).

(b) For each decision, the information kept in the register shall include the name of the applicant and details of the proposal including documents, detailed plans, if applicable, and a reasoned justification for the decision.

(c) The register shall be made available for public inspection at such reasonable times as may be determined by the Board and on the website of the Building Regulation Office or, in the case of absence for a while of a website of the Building Regulation Office, on the website of another government department or agency in which case, such other website shall be notified in the Gazette.

(10) In the performance of its functions, the Board shall have the power to appoint from time to time sub-committees for the purpose of compiling technical reports and, or identifying procedures to be adopted.

(11) If the need arises, the Board may request that the Minister appoints a Committee of Appeals composed of not less than three and not more than five members, one of whom shall be appointed from among the members of the Board, who shall be the Chairperson and preside the Committee meetings. The members of the Committee of Appeals shall be appointed by the Minister for a period of three years, and may be so appointed for further periods as the Minister may deem appropriate.

(12) The other members of the Committee of Appeals shall be a a warranted engineer or any other suitably qualified perit, professional with qualifications and, or experience on matters related to building construction, or health and safety, or building services. The provisions of sub-articles (2), (6), (7) and (8) shall, be applicable to the Committee of Appeals. mutatis mutandis,

(13) A member of the Board or of the Committee of Appeals may be challenged or abstain for any of the reasons for which a judge may be challenged or abstain in accordance with article 734 of the Code of Organization and Civil Procedure. In any such case the Minister shall appoint a person, having the qualifications of the member challenged or abstaining, to sit as a member of the Board or of the Committee of Appeals in substitution of the said member.

(14) A member of the Board or of the Committee of Appeals may be removed from office by the Minister, on grounds of gross negligence, conflict of interest, incompetence, acts or omissions unbecoming a member of the Board or of the Committee of Appeals or if such member is unfit to continue in office or has become incapable of properly performing his duties as a member.

(15) If a member resigns or on the expiration of his term of office or if the office of a member of the Board or of the Committee of Appeals is otherwise vacant or if a member is for any reason unable to perform the functions of his office, the Minister may appoint a person who is qualified to be appointed as a member to be a temporary member of the Board or the Committee of Appeals, as the case may be; and any person so appointed shall, subject to the provisions of sub-articles (13) and (14), cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions.