S.L. 464.20 Art. 3Disciplinary Committee. 

(1) Each relevant Council shall have a committee known as the Disciplinary Committee. Each Disciplinary Committee shall consist of the following members appointed by the Minister and who shall be natural persons:

(a) a Chairperson appointed by the Minister from amongst legal practitioners duly warranted to practice law in Malta having at least twelve (12) years experience practicing as an advocate. The said Chairperson shall preside as chairperson over each Disciplinary Committee of all relevant Councils; and

(b) two (2) committee members appointed from the appropriate permanent register in accordance with regulation 4 and who have been listed, for at least a period of five (5) years prior to such appointment, in a permanent register corresponding to the profession of the person charged and when this is not possible, from an alternative permanent register held by the relevant Council of the person charged.

(2) The secretary to the Disciplinary Committee shall be appointed by the President for a term of six (6) years which may renewed for a further term of three (3) years.

(3) An Acting Chairperson shall also be appointed by the Minister from amongst legal practitioners duly warranted to practice law in Malta having at least twelve (12) years experience practicing as an advocate, to act in the stead of the Chairperson in the event of a vacancy in the role of the Chairperson or during the Chairperson’s tenure in the event that the Chairperson is for any reason unable to preside over the Disciplinary Committee:

Provided that the provisions relating to the Chairperson, unless otherwise stated, shall apply mutatis mutandis to the Acting Chairperson.

(4) Prior to appointing the Chairperson in accordance with sub-regulation (1), the Minister shall ensure that the Chairperson is fit and proper to fulfil his duties under these regulations. In doing so, the Minister shall have regard to his integrity, competence, diligence and soundness of judgement, and that he does not have any conflict of interest if the person being considered for the post of Chairperson would occupy such post.

(5) The Chairperson and Acting Chairperson of the Disciplinary Committee shall be appointed for one (1) term of six (6) years which shall not be renewed after the expiration of their term of office.

(6) Other members of the Disciplinary Committee selected in terms of regulation 4 shall be appointed for the hearing and determination of an individual case.

(7) Where for any reason, a vacancy in the office of a committee member arises or where a committee member is no longer able to sit on the Disciplinary Committee, another committee member shall be appointed by the Minister in terms of regulation 4 within one

(1) month of the vacancy arising for the remaining period of the term of office of the committee member being substituted:

Provided that the Disciplinary Committee may continue to exercise its powers until such date as the substitute committee member is appointed:

Provided further that in the event that a committee member dies or is removed in accordance with these regulations once the evidentiary stage of proceedings before the Disciplinary Committee have been concluded, the Disciplinary Committee may, when it considers appropriate, elect to have the case heard by the remaining committee members.

(8) The committee members shall not be removed from office unless in the manner provided for in regulation 5.