Cap. 538 Art. 4Council for the Counselling Profession in Malta.

(1) There shall be a council to be known as the Council for the Counselling Profession in Malta and which shall consist for seven members as follows:

(a) four members appointed by the Minister of which:

(i) one person shall be a chairperson having a Masters degree or a recognised degree, has attained a full warrant from the Council and has at least six years experience of practice in the counselling profession;

(ii) two persons who exercise the counselling profession, and who have attained the full warrant from the Council. One of such members shall be appointed from the public sector whilst the other member is to represent that Association which comprises the largest number of Counsellors in Malta and Gozo; and

(iii) one person shall be an advocate with at least five years of experience who shall be appointed as vice-chairperson;

(b) two counsellors in possession of full warrant elected by the counsellors in possession of a full or temporary warrant in an election conducted by the Council: Provided that in the event of the setting up of the first Council, the counsellors referred to in this paragraph shall be nominated by the association of counsellors or, in the event that there is more than one association of counsellors, they shall be elected from amongst the associations in an election conducted by the Ministry responsible for the counselling profession;

(c) one counsellor in possession of a full warrant elected from amongst the permanent academic staff of the Counselling Department within the Faculty for Social Wellbeing at the University of Malta and who are also in possession of a temporary or a full warrant in counselling;

(2) In the event of the setting up of the first Council after the coming into force of this Act, any reference in this article to counsellors forming part of such Council shall be understood as referring to persons eligible to the full warrant in accordance with this Act.

(3) The elections made in terms of sub-article (1)(b) and (c) shall, for the first time, be made within two weeks of the date of the request in writing made for that purpose by the Minister and, for any subsequent nomination, within one month from the date the vacancy arises, or when the vacancy arises due to the expiry of the term of office, such nomination shall be made within one month before the said expiration. In the absence of a nomination, the Minister shall appoint a person from amongst registered counsellors with a full warrant.

(4) The members of the Council shall be appointed for three years.

(5) The members of the Council shall, on the expiration of their term of office, be eligible to be members, provided that no person may serve as a member of the Council for more than three consecutive terms.

(6) Whenever the engagement of a member becomes vacant prior to the expiration of his term of office, the person engaged in his stead shall be appointed for the remaining period of the seat .

(7) In every case, the number of members attending a meeting needed in order to form a quorum shall be four. The chairperson shall have an original vote and, in the case of equality of votes, a casting vote.

(8) The Minister shall also appoint a person to act as secretary to the Council and the secretary shall have no vote.

(9) Subject to the foregoing provisions of this sub-article, the Council may regulate its own procedures.

(10) The Council shall meet as often as necessary, but in no case less frequently than once every month. Council meetings shall be called by the chairperson either on his own initiative or at the request of any two members.

(11) In the exercise of its functions under this Act, the Council may consult such persons as it may deem appropriate. For this purpose, the Council may invite such individuals to attend the Council meetings.

(12) The Council shall keep true and correct copies of records of all its proceedings and the Council shall give to the Minister any information as he may require.