Cap. 419 ст. 3Establishment and constitution of the Malta Standards Authority.

(1) There shall continue to be an Authority, to be called the

Malta Standards Authority, which shall exercise and perform the functions assigned to it by this Act or by any other law.

(2) The Authority shall have a Council which shall have the functions set out in subarticle (2A) and which shall be composed as follows:-

(d) the Director of Agriculture ex officio;

(e) the Director of Consumer Affairs ex officio;

(f) the Director (Environment Protection) ex officio;

(g) the Director (Public Health) ex officio;

(h) three members appointed by the Minister -

(i) one after consultation with the Kamra tal-Periti;

(ii) one after consultation with the Chamber of Professional Engineers, and

(iii) one after consultation with the Chamber of Pharmacists;

(i) a member appointed by the Council of the University of Malta;

(j) a representative of the Malta Council for Science and Technology, appointed by the Prime Minister;

(k) two members appointed by the Chamber of Commerce, Enterprise and Industry; and

(l) a member appointed by the General Retailers and Traders Union.

(2A) The Council shall have the following functions:

(a) to determine the general policy and objectives of the Authority within the context of the framework policies established by Government;

(b) to act as a liaison point between the Authority and the sectors it represents, and other persons having an interest therein;

(c) to approve any agreement proposed under subarticle

(11) before such agreement is forwarded for the concurrence of the Minister in terms of the said subarticle;

(d) to approve the financial statements of the Authority;

(e) to guarantee the functional independence of the Directorates.

(2B) With the exception of the Chairman, who shall act in his own individual judgement in the interests of the Authority, the members of the Council shall be appointed as representatives of the sectors they represent.

(3) The members of the Council other than those referred to in subarticle (2)(b) to (g) shall be appointed for a period not exceeding three years and shall be eligible to be reappointed.

(4) The members of the Council shall receive such remuneration as the Minister may prescribe. administrative control of its officers and employees, shall be the responsibility of the Chief Executive of the Authority, who shall also have such other powers as may from time to time be delegated to him by the Authority. The Chief Executive of the Authority shall act as Secretary to the Council: Provided that the Authority may if it so deems fit require the Chief Executive not to attend any of the meetings or any part of a meeting of the Council.

(6) The presence at any meeting of the Council of the Chairman or the Deputy Chairman and any other six members shall constitute a quorum: Provided that, where a member of the Council has a direct or an indirect interest in any matter being discussed or decided upon by the Council, then such member shall not be present at the time of such discussion or decision.

(7) Subject to the provisions of this Act and of any regulations made thereunder the Council shall regulate its own proceedings.

(8) The Council may act notwithstanding any vacancy as long as a quorum is present.

(9) The Chairman shall have an original and in the case of equality of votes a second or casting vote.

(10) The Authority shall be the authority in Malta entrusted with the coordination of standardization and related activities, and in the exercise of its functions under this or any other law, it shall, unless otherwise expressly provided, not be under the direction or control of any person or authority.

(11) The Authority may with the concurrence of the Minister, enter into agreements with any person or authority whereby such person or authority shall on behalf of the Authority carry out such functions and services as are by this or any other law assigned to the Authority.

Provided that nothing in this subarticle shall authorise the Authority to contract out its functions as specified in article 16(a).

(12) The Authority shall have a legal personality distinct from that of the Government, its legal representation shall vest in the Chairman. The assets and other properties held by the Authority shall however be the property of the Government and the Authority shall only have their administration during such tenure, and shall dispose of them in accordance with such directives as the Minister may from time to time give to the Authority.

(13) The Authority may with the approval of the Minister recruit such personnel as it may require for the proper discharge of its functions under this Act under such terms and conditions as the Minister may approve. may from time to time deem appropriate.

(15) The Authority shall exercise its functions through the Directorates so established and for such purpose it shall vest in each of the Directorates such of its functions as relate or are ancillary to the matters for which it is responsible so as to enable the said Directorate to give effect to the policies of the Authority and to otherwise discharge effectively and efficiently the functions of the Authority in its respective area of operation.

(16) Each of the Directorates so established shall be headed by a person who shall either be a public officer detailed for duty with the Authority or an employee of the Authority or a person detailed to work for the Authority in accordance with an agreement made between the Authority and a public or private undertaking, in either case having adequate experience or knowledge in his respective area of operation.

(17) The Chief Executive and the heads of the Directorates shall be appointed by the Authority after consultation with the Minister for a period of three years which may be extended for further periods of three years each: Provided that the first Chief Executive and the first head of each Directorate to be appointed after the coming into force of this Act shall be appointed by the Minister.

(18) The Authority and each of the Directorates may exercise any one or more of their functions either directly or through any of their officers or employees or, subject to the proviso to subarticle (11), through an agency authorised for the purpose, or through a contractor or other person with whom an agreement for the performance of any one or more of such functions has been entered into.

(19) Where in this Act anything is to be done by or against or with respect to the Authority, or any notice is to be or may be given to the Authority, any such thing or notice may also be done by or against or with respect to or be given to the Directorate under whose jurisdiction the matter falls by reason of a delegation of function to such Directorate; and for the purposes aforesaid any reference in this Act to the Authority includes a reference to the appropriate Directorate.

(20) The Minister may, in relation to matters that appear to him to affect the public interest, from time to time give to the Authority written directions of a general character, not inconsistent with the provisions of this Act, on the policy to be followed in the carrying out of the functions vested in the Authority by or under this Act, and the Authority shall, as soon as may be, give effect to all such directions.

(21) The Authority shall afford to the Minister facilities for obtaining information with respect to its property and activities and