S.L. const.7 Art. 2Interpretation.  Cap. 595.   Cap. 595.   Cap. 595.    Cap. 595.     Cap. 595.  Cap. 595.

(1) In these regulations, unless the context otherwise requires:

"1977 Regulations" means the Public Service Commission (Disciplinary Procedure) Regulations, 1977;

"1999 Regulations" means the Public Service Commission (Disciplinary Procedure) Regulations, 1999;

"2017 Regulations" means the Public Service Commission Disciplinary Regulations, 2017;

"additional earnings" means income other than the basic salary;

"agency" shall have the same meaning as that assigned to it by article 2(1) of the Public Administration Act;

"Attorney General" means the Attorney General appointed under article 91 of the Constitution, or a legal officer authorised by him;

"Board" means a Disciplinary Board appointed as provided for in regulation 18(2);

"Commission" means the Public Service Commission as constituted under article 109 of the Constitution;

"Constitution" means the Constitution of Malta as enacted by the Malta Independence Order, 1964 , and as subsequently amended;

"definite suspension" means suspension without pay as a penalty following disciplinary proceedings, and "suspend for a definite period" shall be understood accordingly;

"department" shall have the same meaning as that assigned to it by article 2(1) of the Public Administration Act and, for the purposes of these regulations, includes also:

(a) a ministry; and

(b) agency, government entity or another public body to which a public officer may be assigned;

"electronic mail address" means a unique identifier for an email account that is used to send and receive messages over the internet;

"Executive Secretary" means the Executive Secretary to the Public Service Commission;

"General Data Protection Regulation" means Regulation

(EU) 2016/679 of the European Parliament and 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;

"Government entity" shall have the same meaning as that assigned to it by article 2(1) of the Public Administration Act;

"Head of Department" means the head of any department of Government that is listed in the Second Schedule to the

Public Administration Act, but for the purpose of these regulations also includes:

(a) Permanent Secretaries, Directors General and Directors who are not Heads of Department;

(b) any other public officer or authority, not being a Head of Department, to whom power to exercise disciplinary control has been delegated in accordance with article 110 of the Constitution;

"Head of the Public Service" means the public officer holding or acting in the office of Principal Permanent Secretary in terms of article 14 of the Public Administration Act;

"ministry" shall have the same meaning as that assigned to it by article 2(1) of the Public Administration Act;

"misconduct" means unacceptable conduct comprising, but not limited to, breach of discipline, conduct which brings the public service into disrepute, including failure to comply with laws, rules, regulations or codes governing the public service;

"official electronic mail address" means the unique personal email address assigned to a public officer for the purpose of his duties;

"Permanent Secretary" means a public officer appointed as Permanent Secretary in terms of article 92(3) of the Constitution;

"precautionary suspension" means suspension in the public interest in terms of regulation 12 pending the conclusion of disciplinary or criminal proceedings, and "suspend for precautionary purposes" shall be understood accordingly;

"public officer" or "officer" means a public officer as defined by article 124(1) of the Constitution;

"public service" or "service" means the public service as defined by article 124(1) of the Constitution;

"Public Service Standing Disciplinary Panel" means a panel established in terms of regulation 18(1);

"salary" means basic salary;

"statement of charges" means the written statement by means of which a public officer is accused of a disciplinary offence or offences in terms of regulation 17(1);

(2) In these regulations, unless the context otherwise requires, any reference to the holder of a particular office shall include any person performing the functions of that office during any period in which it is vacant or the holder thereof is absent.

Part II General Provisions Governing Disciplinary Proceedings