Cap. 604 Art. 24Composition of the Adjudicating Panel.

(1) The Adjudicating Panel shall consist of the following:

(a) a Chairperson, who will be a person who has practiced as an advocate for not less than three (3) years; and

(b) two (2) to four (4) professionals of a recognised standing chosen from amongst persons of known integrity and with knowledge of and experience in the real estate sector.

(2) All members sitting on each panel, including the Chairperson and the deputy Chairperson, shall be appointed by the President of Malta acting on the advice of the Prime Minister.

(3) Members of the Adjudicating Panel shall be appointed for a term of five (5) years and, on the lapse of their term, they shall not be eligible for re-appointment.

(4) The Chairperson and members of the Adjudicating Panel shall receive such remuneration as the Minister may, from time to time, determine.

(5) A person shall not be eligible to be appointed or to hold office as a Chairperson or as a member of the Adjudicating Panel if he:

(a) is a member of the House, of a local council or of the European Parliament; or

(b) is engaged in any business which has as its objective the development of real estate or the renting of immovable property:

Provided that professional activity limited to the design of buildings and the supervision of their construction shall not be construed as engagement in any real estate development business; or

(c) has previously conducted himself in such a manner as to cast doubt on his competence or soundness of judgement; or

(d) has a financial or other interest as is likely to prejudicially affect the discharge by him of his functions; or

(e) is otherwise not a fit and proper person to hold that office.

(6) Any member of the Adjudicating Panel may resign his office by letter addressed to the President.

(7) In the exercise of his functions under the Act, a member of the Adjudicating Panel shall not be subject to the control or direction of any other person or authority. An adjudicator may not be removed from office except in the manner and for the reasons provided for in article 97(2) of the Constitution, and any law or regulation made pursuant to article 97(3) of the Constitution for the purposes of article 97(2) thereof shall apply to the procedure for the mutatis mutandis presentation of an address and for the investigation and proof of the inability or misbehaviour of an adjudicator under the provisions of this article.

(8) Members of the Adjudicating Panel shall be subject to the Code of Ethics for Members of the Judiciary drawn up by the Commission for the Administration of Justice in accordance with article 101A(11)(d) of the Constitution, and reports or allegations of such breaches shall be investigated by the Commission for the Administration of Justice.