Cap. 600 Art. 3Establishment and composition of the Gozo Regional Development Authority.     Cap. 431.

(1) There shall be a body, to be known as the Gozo

Regional Development Authority, the affairs and business of which shall be carried out by a board composed of a Chairman and not less than four and not more than six other members.

(2) (a) The Chairman and three members of the Board shall be appointed by the Minister for a term of one year or for such longer period as may be specified in the instrument of appointment subject to a maximum of three years but the members so appointed may be re-appointed on the expiration of their term of office. Such appointments shall be made in such manner as to ensure an equitable representation of society in Gozo including tourism and commercial sectors.

(b) The three other members of the Board shall be appointed by the Minister on the recommendation of each of the following institutions of the Gozo public community:

(i) one member to represent and be recommended by the Diocese of Gozo;

(ii) one member to represent and be recommended by the local councils in Gozo; and

(iii) one member to represent and be recommended by the Gozo Regional Committee, established under the the Malta Council for Economic and Social Development Act.

(3) The Minister may designate one of the members of the Board, other than the Chairman, as Deputy Chairman and the member so designated shall have all the powers and perform all the functions of the Chairman during his absence or inability to act as Chairman or while the Chairman is on vacation or during any vacancy in the office of chairman, and the Minister may also, in any of the circumstances aforesaid, appoint another person to act as chairman 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 he -

(a) is a Minister, Parliamentary Secretary or a member of the House of Representatives; or

(b) was, for a period of up to five years immediately before such nomination, a former Minister, Parliamentary Secretary or a member of the House of Representatives; or

(c) is a judge or magistrate of the courts of justice;

(d) 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 the Minister considers that there are valid reasons for such a waiver:

Provided further that if the Minister decides to grant such waiver, the declaration of the person stating his interest, the waiver and reasons therefor shall be published in the Gazette.

(5) 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.

(6) A member of the Board may only be removed from office by the Minister for any one or more of the following reasons:

(a) if the member due to infirmity of mind or of body or of any other cause is effectively unable to continue to discharge his duties as a member;

(b) if the behaviour or performance of the member brings into question his suitability or ability to continue as a member, in particular for behaviour that affects or may affect his reputation, independence or autonomy, or the reputation, independence or autonomy of the Authority;

(c) if the member has been convicted of a criminal 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, provided that the Minister may suspend the member if he is being investigated for a criminal offence; or

(d) if the member fails to perform his duties for a prolonged period without any valid justification:

Provided that notwithstanding the above, it shall be a cause for the removal of a member if that member for any reason fails to perform his duties, including attending for Board meetings, for a continuous period exceeding six months.

(7) If the Minister removes a member of the Board from office, such removal shall be made public by no later than the effective date of removal from office. At the same time, the Minister shall provide the member concerned with a statement of reasons for his removal, and the member shall have the right to request that the statement of reasons for his removal be made public, in which case the Minister shall publish such statement.

(8) 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, in the case of a member referred to in sub-article (2)(a), appoint a person who is qualified to be appointed to be a member to be a temporary member of the Board, or, in the case of a member referred to in sub-article (2)(b), the Minister shall request the institution which originally recommended such member to recommend another member in substitution thereof; 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.

(9) 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.