S.L. const.3 ст. 2

(1) In these regulations, unless the context otherwise requires: "the 1977 Regulations" means the Public Service Commission (Disciplinary Procedure) Regulations, 1977; "the 1999 Regulations" means the Disciplinary Procedure in the Public Service Commission Regulations, 1999; "additional earnings" means income other than the basic salary; "Agency" has the meaning 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;

"the Board" means a Disciplinary Board appointed as provided for in regulation 18(3);

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

"the 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" has the meaning 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) an agency, government entity or another public body to which a public officer may be assigned;

"Executive Secretary" means the Executive Secretary to the Public Service Commission; "Government entity" has the meaning assigned to it by article

2(1) of the Public Administration Act.

*These regulations have been repealed by Legal Notice 165 of 2023. †refer to regulation 1(2) of these regulations as originally promulgated. "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 and Directors General and Directors other than 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" has the meaning assigned 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; "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;

"salary" means basic salary; "Schengen area" means the states which are parties to the

Schengen Agreement, as defined in regulation 2 of the Immigration

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

"summary suspension" means suspension on no pay by the Head of Department as an interim measure in terms of regulation 10(1), and “summarily suspend” shall be understood accordingly.

(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 DISCIPLINARY