Cap. 644 Art. 4Board of the Agency.          Cap. 446.

(1) The Board of the Agency shall be composed of a

Chairperson and four (4) to eight (8) other members appointed by the Minister from amongst persons who in the opinion of the Minister have experience and knowledge in the field of activity of the Agency, or other regulatory experience, or other regulatory experience of non-governmental associations, or in the exercise of the legal profession of advocate, or persons who in the opinion of the Minister represent the wide perspective of the various opinions of the stakeholders in the sector.

(2) One (1) of the members of the Board of the Agency shall be appointed by the Minister as Deputy Chairperson. The Deputy Chairperson shall have all the powers and perform all duties of the Chairperson during the absence of the Chairperson or during any period when the Chairperson cannot perform his functions for any other cause, or during any vacancy in the office of the Chairperson.

(3) The Board may act notwithstanding any vacancy in its composition or during the absence of any member as long as the Chairperson or the Deputy Chairperson and any two (2) other members are present.

(4) A person shall not be eligible to be appointed, or to continue to hold office, as a member of the Board if he is:

(a) interdicted or incapacitated;

(b) has been declared bankrupt; or

(c) has been found guilty in Malta or abroad of an offence liable to a punishment of imprisonment of more than one (1) year other than an offence of an involuntary nature.

(5) For the purpose of sub-article (4)(c), a person who has been found guilty of an offence as specified in sub-article (4)(c) shall still be disqualified to hold office notwithstanding that any punishment awarded has been suspended, or such person has been conditionally released, or put under probation without the infliction of any punishment or such person has been sentenced according to the

Probation Act without the infliction of any punishment.

(6) The members of the Board, including the Chairperson and the Deputy Chairperson, shall be appointed for a term of three (3) years and may be reappointed.

(7) The members of the Board shall receive such remuneration as the Minister may determine upon their appointment.

(8) The Minister shall appoint a person to act as Secretary to the Board.