AN ACT 10 provide for the appoifl(~nl of a person nominaud by the Leader o/the Opposirion on Ihe Boards or other governing bodiu o/cerlain corporatiollS.

(L S.)

UG() MIFSUD BoNNICI

President

ht March , 1996

ACT No, IX of 1996

AN ACT 10 provide for the appoifl(~nl of a person nominaud by the

Leader o/the Opposirion on Ihe Boards or other governing bodiu

o/cerlain corporatiollS.

BE IT ENACfED by the Preside"" by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled , and by the authority of the same, as follows:-

This Act may be cilcd as the Opposition Nominees Act, 1996, St.>rttid. and

and shall come into force on such date as the Prime Minister may by """'''''''''''' ....... ·

notice in the Gazette appoint.

(Section 2)

Name of Corporation

Law under which

established

The Malta Development Corporation

The Central Bank of Malta

Teie maita Corporation

The Housi ng Authority

Enemalta

The Malta Financial Services Centre

(with reference to the Board of Governors)

The Public Transport Authority

The Employment and Training Corporation

ActXVtlofl 99 1

The Malta Maritime Authority

The Water Services Corporation

Act XXIII of 1991.

Passed by the House of Representatives at Silting No. 512 of the 2 1st February,

1996. LAWR£NCEGOI'o'ZI

Speaker

R ICHARD J. CAUCHJ

Clerk to the HOU.f€ oj Representalives.

(1)

In this Act unless the context otherwise requires

In"'rprota!ion.

"Board of Directors" means the Board of Directors or such

other body. by whatever name called, provided by law for the

management of a Corporation;

"Corporation" means a body corporate established by law,

by whatever name called, listed in the First Schedule to this Act;

"Leader orthe Opposition" means the person so appointed in

vinue of seclion 90 of the Constitution;

"nominee" means a perspn proposed by the Leader of the

Opposition for appointment by the Prime Minister to the Board of

Directors of a Corporation, in accordance with the provisions

of this Act.

(2) The Pri me Mi nister may by Order in the Gazette, add to

the list of Corporati ons ill the First Schedule 10 this Act.

(1)

Notwithstanding the provisions of any other law one of

the members on the Board of Directors of a Corporatio n shall be

ap pointed by the Prime Minister in accordance with the provisions of

this Act.

(2) The member referred to in subsection (I ) of this section

shall have all powers, rights and obligations as the other members of

the Board of Directors. and shall subject to the provisions of subsections

(3) and (4) , hold office for such tenn, being not less than one year as

may be indicated by the Leader of the Opposition in his nominat ion.

(3) A member of the Board of Directors appointed in virtue

of subsection ( I) of th is section shall in any ca~, cease to hold office

when the office of the Leader of the Opposition becomes vacant.

(4) A member of the Board ofOirectors appointed in virtue

of subsecti on (I) of this section may only be removed from office if in

accordance with the law setting up the Corporation he becomes

disqualified for appointment to that office.

(5) Where in acco rdance with the law setting up the

Corporation, the members of the Board of Directors are not appointed

by the Prime Minister, the member of the Board of Directors to be

appointed under this section shall be appointed in lieu of such other

member of the Board of Directors which in accordance with such law

is to be appointed by a Minister or by the President acting on the advice

of the Prime Minister or another Minister, as the Prime Mi nister may

by Order in the Gazette detennine; and where in accordance with such

law some of the members are to be appointed by the Prime Minister

and the other members arc to be appointed by some other person or

authority, the member to be appointed under this section shall be

appointed in lieu of one of the mcmbers which in accordance with such

Jaw is to be appointed by the Prime Minister.

(1) Wherever occasion ari~s to appoint a member of the

Board of Directors of a Corporation, the Prime Minister shall invite, in

writing,the Leadcrofthc Opposition to submit, in writing, within fi fteen

days of the Prime Mi nister's invitation, the name of his nominee for

such appointment.

(2) The Prime Minister may decline to appoint a nominee

whose name has been submitted as aforesaid where

(a) the nominee is disqual ified from being so appointed in

virtue of the law setting up the Corporation; or

(b) the nominee is in the opinion of the Prime Mini ster

manifestly unsuitable for such appoi ntment.

(3) Where the Prime Minister declines to appoint a nominee

as provided in subsection (2) o f this section, he sball within one week

of the nomination infonn the Leader of the OppoSition, in writing, of

the reasons for decli ning to appoint the nominee,and invite hi m to submit

within fifteen days the name of a fresh nominee for appointment and

the provisions o f subsection (2) shall apply with respect to such fresh

nominee.

(4) Where the Leader of the Opposition fails in the tenn

established in subsections ( I ) or (3) of this section to submit the name

o f his nom illCe, the appointment of the me mbcrreferred to in subsection

( I) of section 3 of this Act shall be made by the Prime Minister as he

deems fit

Provided that the office of any pel'5On appointed in vi rtue of

this subsection shall become vacant within one year of his appointment

or in the ci rcumstances referred to in subsections (3) of (4) of section 3

of this Act whichever is the earlier.

Where on the coming into force of this Act,the tenn oforfice T~

of all the members of the Board of Directors o f a Corporation falls to pt(WI""",,

expire at the same time, the tenn of o ffice of the member first appointed

in vinueofthis Act shall expire together with that of the other members

of the Board of Directors.

A