S.L. 431.4 Art. 6Compositionofthe Commission. Cap. 386.

(1) The Commission shall be composed of fifteen

(15) members, consisting of the Chairperson referred to under paragraph (a) and fourteen (14) other members which shall be appointed by the Minister, as follows:

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

(b) four (4) members to be nominated by the workers’ organisations constituted bodies sitting on the Council;

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

(d) six (6) members representing the Government of Malta, as follows:

(i) the Deputy Chairperson of the Council, who shall be acting in the absence of the Chairperson, or when generally the Chairperson cannot carry out his functions;

(ii) the Director General for the Department of Industrial and Employment Relations;

(iii) one (1) member nominated by the Minister for Finance; and

(iv) three (3) other members nominated by the Minister.

The Minister may also appoint a secretary to assist the Commission in its work, whereas the Commission may also appoint consultants to assist it in its endeavours.

(2) The term of office for all persons appointed as members in accordance with sub-regulation (1)(b) to (d) shall be of four (4) years and the said members shall be eligible for reappointment.

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

(4) A member of the Commission may resign at any time by giving notice in writing to the Minister.

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

(a) is declared bankrupt;

(b) enters into a debt agreement;

(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 committed in Malta;

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

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

(6) The Minister may at any time remove a member of the Commission on any one (1) of the following grounds:

(a) the member becomes in any way disqualified from holding office as such, in accordance with sub-regulation (5);

(b) disability to perform his functions;

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

(d) neglect of his duty;

(e) proven misbehaviour; or

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

(7) Where the Minister appoints a new member of the Commission because a member of the Commission 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.

(8) The Commission 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.

(9) The quorum for meetings of the Commission shall be of eight (8) members.

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

(11) In any case in which the Chairperson referred to in sub-regulation (1)(a) is absent for a meeting of the Commission, the Deputy Chairperson shall exercise such powers as are given to the Chairperson under these regulations.

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