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act_2004_11 MT

ACT No. XI of 2004 Members of Parliament (Public Employment) Act BE IT ENACTED by the President, 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>-

5 Articles / Provisions · Malta
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Malta Government Gazette — Act 2004 11 — ACT No. XI of 2004 Members of Parliament (Public Employment) Act BE IT ENACTED by the President, 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>-

I assent.

(L.S.)

E DWARD F ENECH A DAMI

President

10th August, 2004

ACT No. XI of 2004

Members of Parliament (Public Employment) Act

BE IT ENACTED by the President, 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>-

Malta Government Gazette — Act 2004 11 — ACT No. XI of 2004 Members of Parliament (Public Employment) Act BE IT ENACTED by the President, 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 cited as the Members of Parliament (Public Short title.

Employment) Act, 2004.

In this Act unless the context otherwise requires>-

Malta Government Gazette — Act 2004 11 — ACT No. XI of 2004 Members of Parliament (Public Employment) Act BE IT ENACTED by the President, 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>-

Interpretation.

(a)

“Constitution” means the Constitution of Malta<

(b) “disciplined force” has the same meaning as is assigned

to it by sub-article (1) of article 47 of the Constitution<

(c)

“House” means the House of Representatives<

(d) “public office”, “public officer” and “public service”

shall have the same meaning as is assigned to them by article 124

of the Constitution.

Malta Government Gazette — Act 2004 11 — ACT No. XI of 2004 Members of Parliament (Public Employment) Act BE IT ENACTED by the President, 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>-

(1) Subject to the provisions of article 4 of this Act, for the Qualification of

Public officers to

purposes of paragraph (b) of subarticle (1) of article 54 of the be elected as

Constitution, it is hereby provided that a public officer, whose office, members of the

House.

substantive or otherwise, in the Public Service is not on a salary scale

which is higher than salary scale 6, or such other salary scale as the

House may by Resolution from time to time determine, shall be qualified

to be elected as a member of the House.

(2) Subject to the provisions of subarticle (3) a public officer

who is elected as member of the House shall enjoy such rights, and be

subject to such obligations and conditions, as any other public officer

in the same grade or position< so however that such member shall be

allowed to attend to his duties in the House.

(3) Where it appears to the Prime Minister to be necessary

in the public interest, he may by Order published in the Gazette make

special rules under this Act barring public officers who are elected to

the House from serving in particular departments or offices or from

performing particular duties, and such public officers shall be reassigned

elsewhere or excused from those duties as specified by that Order.

Malta Government Gazette — Act 2004 11 — ACT No. XI of 2004 Members of Parliament (Public Employment) Act BE IT ENACTED by the President, 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>-

The provisions of this Act shall not apply to any member of a

disciplined force.

Passed by the House of Representatives at Sitting No. 163 of the 27th July,

2004. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

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