S.L. 460.42 · European Media Freedom Act (Measures (S.L. 460.42)
S.L. 460.42 Art. 3Establishment of the Office for Advertising and the Media. Cap. 12.
PART II
(1) There shall be established a body to be known as the Office for Advertising and the Media, which shall perform such functions relating to the implementation of the EMFA Regulation as may be assigned to it in this order or by further order by the Prime IMPLEMENTATION)
Minister. The Prime Minister may also by order in the Gazette assign other functions to the Office related to advertising or to the media.
(2) The Office shall be a body having a distinct legal personality from that of the Government and shall be capable, subject to the provisions of this Order or of any other law from time to time regulating public entities, to enter into contracts, to hold and dispose of property of any kind for the purpose of its functions, to sue and be sued and to enter into all such other transactions as are incidental or conducive for the proper and independent performance of its functions.
(3) The legal and judicial representation of the Office shall vest in the Head of the Office.
(4) The President acting on the advice of the Prime Minister, after having consulted with the Leader of the Opposition shall appoint as Head of the Office a person whose past experience shall include that of having held an office established by the Constitution.
(5) The performance of the functions of the Head of the Office shall be incompatible with the holding of any other public office or with the performance of any other professional or business activity.
(6) The Head of the Office shall be appointed for a term of seven (7) years and shall not be eligible for re-appointment.
(7) The Head of the Office may only be removed from office by the Prime Minister, after consultation with the Leader of the
Opposition, before the expiry of his term of appointment for inability to discharge the functions of his office, whether arising from mental or physical infirmity or any other cause, or for misbehaviour. Any said removal shall however be subject to judicial review on points of law and points of fact before the First Hall of the Civil Court upon an application to be filed by the person aggrieved within thirty (30)
working days from the removal and the provisions of the Code of
Organization and Civil Procedure applicable to causes heard before the First Hall of the Civil Court shall apply to proceedings instituted under this sub-article:
Provided that in giving judgment upon such an action the Court shall, if it considers it to be appropriate in the circumstances, be entitled to order the payment of compensation instead of annulling the removal.