S.L. 628.1 Art. 15Disqualifications of founding members, administrators, employees and personswhorender a service. 

(1) Persons who have been convicted in the previous ten (10) years of:

(a) any of the offences mentioned in Part I and II of

Book First of the Criminal Code or abroad in accordance with laws of equivalent effect; ORGANISATIONS)

(b) any offence in accordance with the Dangerous

Drugs Ordinance or the Medical and Kindred Professions Ordinance, or any subsidiary legislation thereunder;

(c) any offence involving the possession, supply, production and importation of illegal drugs by any court in Malta or abroad;

(d) any offence involving money laundering or the funding of terrorism; and

(e) any offence which leads to an interdiction;

shall not be:

(i) founding members of an association;

(ii) eligible for appointment or election to the office of administrator or to hold any position, if already appointed or elected, shall not be eligible to retain such office;

(iii) eligible to render services in the premises of any association,

(iv) employees of an association:

Provided that any person who has been convicted of an offence indicated in this sub-regulation shall not be disqualified for the purpose of this sub-regulation, if after his conviction the offence for which he had been convicted is no longer considered to be an offence in terms of Maltese law, or if he has been convicted of possession of personal use of a prohibited drug:

Provided further that except in the case of offences falling under Titles V VI or IX of Part II of Book First of the Criminal Code, the Authority may, after the lapse of five (5) years from the date of the final judgment of conviction and subject to its discretion, and upon due consideration of the nature and gravity of the offence, the particular circumstances of the case, the individual’s rehabilitation efforts, and any mitigating factors acknowledged by the court, authorise a person to hold the role of administrator, or to be employed with an association, or to render services within the premises of an association.

(2) An association shall carry out a due diligence exercise on its administrators, employees and service providers prior to their engagement, strictly for the purpose of complying with this regulation. The due diligence exercise shall include, but is not limited to, requesting the individual concerned to submit a conduct certificate issued in accordance with the Conduct Certificates Ordinance. Any personal data processed by the association shall fully comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Data Protection Act, including the regulations made thereunder and the fundamental rights and freedoms of the data subjects.

(3) An association shall inform the Registrar in writing about the findings of the due diligence exercise by not later than twenty

(20) days following their completion:

Provided that the original conduct certificates or copies thereof, processed by the association for the purpose of the due diligence exercise shall be immediately and permanently erased after the association communicates the relevant information to the Registrar:

Provided further that the association shall notify the Authority in writing within twenty-four (24) hours if it transpires that an individual mentioned in sub-regulation (1) is no longer eligible to hold their position. In such case the association shall, as a minimum, suspend the individual in question from their position with immediate effect and await further instructions from the Authority.

(4) An association shall periodically conduct a due diligence exercise in order to verify that the individuals mentioned in sub-regulation (2) are in possession of a clean police conduct certificate.