Cap. 542 Art. 5The Board of the Council. Cap. 386.

(1) The Board of the Council shall consist of a Chairperson and not less than four and not more than eight other members. One of the members shall be nominated by the Minister responsible for Gozo. At least one of the members shall be selected from a list of at least five persons nominated by associations and constituted bodies representing professionals and practitioners active in the sectors.

(2) The members of the Council shall be appointed by the Minister for a term of three years, but the members so appointed shall be eligible for re-appointment on the expiration of their term of office.

(3) The Minister may designate any one other member 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 temporary absence or inability to act as Chairperson, or while the Chairperson is on vacation, or during any vacancy in the office of Chairperson: Provided that if the Chairperson’s absence is permanent or long-lasting, the Minister may appoint any other person as Chairperson in accordance with the provisions of this article, and in such case the foregoing provisions shall apply in respect of such person.

(4) A person shall not be qualified to hold office as a member of the Board if that person -

(a) is a member of the House of Representatives or of the European Parliament; or

(b) is a Judge or Magistrate; or

(c) is legally interdicted or incapacitated; or

(d) is convicted of an offence affecting public trust, or of theft or fraud, or of knowingly receiving property obtained by theft or fraud, or of bribery or of money laundering, or has otherwise been sentenced to a term of imprisonment for a term not less than three months;

(e) is subject to disqualification under article 320 of the Companies Act;

(f) 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.

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

(a) on the expiration of the member’s term of office;

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

(c) if the member resigns or if one of the scenarios mentioned in sub-article (4) materialises.

(6) A member of the Board may be removed from office by the Minister if, in the opinion of the Minister, such member is unfit to continue in office or has become incapable of properly performing his duties as a member.

(7) If a member resigns or if the office of a member of the Board 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 to be a temporary member of the Board; and any person so appointed shall, subject to the provisions of sub-articles (5) and (6), 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.

(8) Any member of the Board who has any direct or indirect interest in any contract made or proposed to be made by the Board, 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 tender his resignation.