S.L. 595.46 Art. 4The Board of the Agency.    Cap. 9.  Cap. 386.

(1) The Agency shall have a Board of Management, with the primary role of overseeing the management of the Agency administratively and artistically.

(2) The Board shall be composed of the following members:

(a) the Chairperson, who shall be appointed by the Minister after consultation with the Permanent Secretary;

(b) the Deputy Chairperson, who shall be appointed by the Minister after consultation with the Council;

(c) not less than three (3) and not more than seven (7) ordinary members, appointed by the Minister, who shall possess professional qualifications, or technical expertise, or knowledge or experience in the performing arts sector, or show that they have skills in matters related to the performing arts sector, or have skills and competences that by means of which, they may aid the Board in the fulfilment of its role:

Provided that the Minister shall ensure that the Board has:

(i) a member who specializes in the art of dance;

(ii) a member who specializes in the art of theatre;

(iii) a member who specializes in choral music art; and

(d) the Secretary, who shall be appointed by the Minister after consultation with the Chairperson.

(3) A person shall not be eligible to serve as member of the Board or shall be disqualified from continuing to serve as member of the Board:

(a) where such person is convicted of any of the crimes mentioned in Titles V, VI and IX of Part II of Book First of the Criminal Code; (ESTABLISHMENT AS AN AGENCY)

(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 money laundering or of bribery, or has otherwise 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 terms of article 79 of the Constitution of Malta or a Parliamentary Secretary appointed in terms of article 88 of the Constitution of Malta; or

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

(4) All members of the Board, regardless of their role, shall:

(a) in the execution of their duties, act with prudence, diligence, attention and observe the utmost good faith;

(b) abide by the Code of Ethics for Board members in the Public Sector issued by the Office of the Prime Minister; and

(c) sign an understanding outlining his duties as Board members, including the duty of confidentiality and regulating conflicts of interest.

(5) The term of office for the members of the Board shall expire after a period of three (3) years from appointment:

Provided that the term of office of a member of the Board may also end upon the death or resignation of that member or the disqualification of that person from continuing to serve as a member.