S.L. 431.3 Art. 6Compositionofthe Board. 

(1) The Board shall be composed of twelve (12)

members which shall consist of the Chairperson as referred to in paragraph (a) and eleven (11) other members which shall be appointed by the Prime Minister, as follows:

(a) the Chairperson of the Council who shall ex act as the Chairperson of the Board; officio

(b) a senior official nominated by the Minister responsible for finance;

(c) a member nominated by the Governor of the Central Bank of Malta;

(d) four (4) members to be nominated by the workers’ organisations constituted bodies sitting in the Council.

(e) four (4) members to be nominated by constituted bodies representing national employers’ organisations sitting in the Council;

(f) a senior official nominated by the Minister responsible for the economy.

(2) The term of office for all persons appointed as members in accordance with sub-regulation (1)(b) to (f), shall be of four (4) years:

Provided that the said persons may not be members of the Board for more than two consecutive terms of office, but shall otherwise be eligible for reappointment.

(3) Members of the Council may be appointed members of the Board, without prejudice to the appointment of members who are not members of the Council.

(4) Members of the Board shall be remunerated according to standard rates applicable to boards in terms of Government policy.

(5) All members to be appointed in accordance with sub-regulation (1)(b) to (f), are to be appointed after taking into consideration the eligibility guidelines referred to in regulation 6.

(6) A member of the Board may resign his office at any timeby giving notice in writing to the Prime Minister.

(7) A person shall be disqualified from holding office and shall cease to hold office as a member of the Board if he:

(a) is declared bankrupt;

(b) makes a composition or arrangement with creditors;

(c) is convicted on indictment of an offence or is convicted outside Malta of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in Malta;

(d) is convicted of an offence involving fraud or dishonesty; or

(e) has a declaration under the Companies Act made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of that Act.

(8) The Prime Minister may at any time remove a member of the Board on any of the following grounds:

(a) the member becomes in any way disqualified from holding office as such, in accordance with sub-regulation (7);

(b) disability to perform his functions;

(c) if the member has become incapable through ill-health of effectively performing his function as a Board member;

(d) neglect of duty;

(e) proven misbehaviour; or

(f) the member has a conflict of interest of such significance that, in the opinion of the Prime Minister, the member shall cease to hold office.

(9) A member of the Board may not be removed from office unless a resolution providing for such removal is approved by the House, which resolution shall state the grounds for the removal.

(10) Where the Prime Minister appoints a new member of the Board because a member of the Board has died, resigned, been removed from office or becomes disqualified from holding office, the term of office of the new member shall be the remainder of the term of office of the former member.

(11) The Board shall determine all its matters by simple majority:

Provided that in case of parity of votes, the Chairperson shall have a casting vote in addition to his original vote.

(12) The quorum for Board meetings shall be of seven members.

(13) The Board may act notwithstanding any vacancy amongst its members, provided there is a present at the quorum meeting.

(14) In any case in which the Chairperson referred in sub-regulation (1)(a) is absent for a meeting of the Board, and subject to sub-regulation (12), the members of the Board may appoint a Chairperson for said meeting from amongst themselves, and such an appointed Chairperson shall exercise such powers as are given to the Chairperson under these regulations.

(15) Without prejudice to any provision of these regulations, the Board shall regulate its own procedure.