S.L. 117.42 Art. 3Unfair Trading Practices (Agriculture and Fisheries) Board.

(1) There shall be an Unfair Trading Practices

(Agriculture and Fisheries) Board, acting as the enforcement authority for the purposes of the Directive, in accordance with these regulations.

(2) The Board shall consist of seven (7) members, appointed by the Minister responsible for trade upon a recommendation by the Minister responsible for agriculture and fisheries, being:

(a) an advocate having at least five (5) years professional experience who shall preside over the proceedings of the Board and have a casting vote in addition to his original vote in case of equality of votes;

(b) a representative of the department responsible for agriculture;

(c) a representative of the department responsible for fisheries and aquaculture;

(d) a representative of the department responsible for commerce;

(e) a member, whether a public officer or not, having adequate expertise in matters relating to the markets concerned, its operators, the situation of suppliers and the trading practices involved as affecting suppliers based in Malta in particular; and;

(f) two (2) other members recommended by the Minister responsible for fisheries and agriculture:

Provided that the Board shall be assisted by a registrar who shall assist the Board as its secretary and shall be responsible for its documentation and for all communications necessary according to these regulations, as may be instructed by the board:

Provided further that the registrar shall not be a member of the Board and shall not have the right to vote in its proceedings:

Provided further that the Board shall decide on its matters by simple majority and provided that at least four (4) members are present or otherwise express their vote in writing, and said four (4) members shall always include the representative of the department responsible for agriculture or the representative responsible for fisheries and aquaculture according to the specific sector relevant to the case being discussed:

Provided further that the members of the Board shall not be entitled to vote if they have a conflict of interest or were involved in any investigation or complaint in any capacity beyond that of member of the Board.

(3) All representatives referred in sub-regulation (2) shall be nominated by the respective body, and all members of the board shall serve for a period of three (3) years from the date of appointment:

Provided that all members may resign their position by a notice in writing submitted to the Minister.

(4) The Minister responsible for agriculture and fisheries may determine any remuneration due to Board members and the registrar, unless the same are public officers who may serve on the Board by virtue of their office.

(5) The Board shall have all powers, functions and responsibilities to be given to an enforcement authority or performed by it according to the Directive, in particular those under Articles 6 and 8 of the Directive:

Provided that any sanctioning shall be according to the provisions of these regulations.

(6) The Board may require and shall receive the assistance of sectoral authorities in performing an investigation, and for so doing may give such directions as may be reasonable for the purposes of an investigation:

Provided that for such assistance, the Board shall liaise with the relevant head of department or any delegated appointed by the latter to liaise with the Board for the purposes of these regulations:

Provided further that assistance according to these regulations shall also include the exercise of any power given to the relevant department, or its officers, at law.

(7) The Board may request and shall be provided with any information held by the sectoral authorities and from any person in any manner involved, concerned or regulating the sectors affected by the Directive or having an interest therein:

Provided that all information so requested shall be deemed confidential for all intents and purposes at law and may not be disclosed by the Board unless required by these regulations, by the Directive or by any other law, or unless such disclosure is ordered by any competent authority.

(8) In the exercise of its functions according to these regulations, the Board shall act independently and not be subject to the control of any other person or authority in said exercise and in its conclusions on any complaint and, or investigation.