Cap. 643 Art. 25National Climate Action Council.

(1) There shall be a Council to be known as the

National Climate Action Council (NCAC) which shall be appointed by the Prime Minister in consultation with the Minister and which shall consist of a minimum of six (6) and a maximum of eight (8) expert persons who shall be experts in any climate-related fields including scientific, public policy, finance, economic and social fields:

Provided that the Prime Minister in consultation with the Minister may appoint a Chairperson, a Deputy Chairperson and a Secretary to the Council:

Provided further that the Prime Minister in consultation with the Minister may allow the Council to appoint any other expert or group of experts to assist it in the performance of its functions as may be necessary.

(2) The Council shall be an independent statutory body and its main objective shall be that of supporting Malta’s strategic aims relating to climate action, through the provision of advice to Government on climate action in Malta.

(3) The members of the Council shall act independently and shall hold office for a period of three (3) years, but the members so appointed may be re-appointed on the expiration of their term of office:

Provided that if a member is appointed at any time after the other members have already been appointed, the term of appointment of such other member shall end on the same date as that of the other members:

Provided further that an appropriate rotation scheme for the appointment of the members of the Council shall be put in place so that the end date of the term of office of the Council members shall not be the same for all members.

(4) A person shall not be qualified to hold office as a member of the Council, if the person:

(a) is legally incapacitated;

(b) has been declared bankrupt or has made a composition or arrangement with his creditors;

(c) has been convicted of an offence affecting public trust, or theft, or fraud, or knowingly receiving property obtained by theft or fraud, or of any offence against this Act; or

(d) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of the functions as a member of the Council.

(5) Any member of the Council who has any direct or indirect interest relating to any particular function of the Council, not being an interest which disqualifies such member from remaining a member, shall disclose the nature of the interest during the first meeting of the Council after the relevant facts have come to that member’s knowledge, and such disclosure shall then be recorded in the minutes of the meeting, and the member having an interest as aforesaid shall withdraw from any meetings during which such matter is discussed. Any such disclosure shall be communicated to the Prime 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 Prime Minister and tender his resignation.

(6) The appointment of any person as a member of the Council and the termination of office or resignation of any such person, as well as any additional functions assigned to the Council by the Prime Minister in consultation with the Minister, shall be notified in the Gazette and they shall have effect forthwith:

Provided that failure to publish the appointment or termination of office as the case may be, shall have no effect on the validity of such appointment or termination.