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S.L. 595.43 · Organisation, Administration And (S.L. 595.43)

S.L. 595.43 Art. 5The operation of a specialised unit. Cap. 9. Cap. 386.

In KraftAmtlicher Text

(1) Public officers may be assigned by the Prime

Minister to work in a specialised unit.

(2) The assignment of a public officer to work in a specialised unit shall not prejudice or affect the working conditions, to which the same public officer is entitled, and throughout the period of the assignment, he shall continue to be considered to be a public officer.

(3) A specialised unit shall be managed by a Head, appointed by the Minister:

Provided that the Minister shall ensure that the person appointed as Head has qualifications or experience that can help him in fulfilling his role in the specialised unit.

(4) The Head shall report to the Permanent Secretary.

(5) A person shall not be eligible to serve as Head or shall be disqualified from continuing to serve as Head: OF SPECIALISED UNITS

(a) where such person is convicted of any crime mentioned in Titles V, VI and IX of Part II of Book First of the

Criminal Code;

(b) where such person is subject to a disqualification under article 320 of the Companies Act;

(c) where such person is convicted of theft or fraud, or of knowingly receiving property obtained by theft or fraud, or of bribery or money laundering, or has been sentenced to a term of imprisonment for a term not less than three (3) months;

(d) where such person is legally interdicted or incapacitated;

(e) where such person is a Judge or Magistrate of the Courts of Justice;

(f) where such person is a member of the Cabinet in accordance with article 79 of the Constitution, or a Parliamentary Secretary appointed in accordance with article 88 of the Constitution; or

(g) where such person has a financial or other interest in any enterprise or activity which is likely to affect the carrying out of his functions as Head.

(6) Without prejudice to article 9(3) of the Act, the Head shall in the carrying out of his duties, act with prudence, diligence, attention and observe the utmost good faith.

(7) The term of office for the Head shall not be connected to the defined period of the specialised unit:

Provided that the term of office of a Head shall end if the defined period of the specialised unit expires, and may also end upon the death or the resignation of that Head or the disqualification of that person to continue serving as Head.