ACT No. XIX of 2020 AN ACT to amend the Police Act, Cap. 164.

I assent.

(L.S.)

GEORGE VELLA

President

7th April, 2020

ACT No. XIX of 2020

AN ACT to amend the Police Act, Cap. 164.

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 short title of this Act is the Police (Amendment) Act,

2020, and this Act shall be read and construed as one with the Police

Act, hereinafter referred to as "the principal Act".

Sub-article (2) of article 6 of the principal Act shall be

substituted by the following

"(2) When a vacancy occurs in the office of

Commissioner, the procedure for the appointment of a

Commissioner shall be the following

(a) the Public Service Commission shall issue a

public call for applications subject to the necessary

qualifications and experience required for a person to be

eligible for appointment to the office of Commissioner;

(b) after examining the candidates, the Public

Service Commission shall draw up a short-list indicating

the two most suitable candidates. The Public Service

Commission shall refer the said short-list of the two

candidates to the Cabinet which shall, after giving due

consideration to the two short-listed candidates, refer the

candidate who it considers to be the most suitable

candidate for appointment to the responsible Minister. The

Minister responsible shall refer the said candidate for a

parliamentary hearing by the Standing Committee on

Public Appointments established under article 37 of the

Public Administration Act. The provisions of article 38 of Cap. 595.

the Public Administration Act shall, mutatis mutandis,

apply to the said hearing

Provided that notwithstanding the provisions of

any other law or regulations, the decision of the Public

Service Commission regarding the shortlist drawn up by it

according to this paragraph, shall not be subject to any

appeal procedure;

(c) if the Standing Committee on Public

Appointments advises in favour of the appointment of the

selected candidate, the Prime Minister shall appoint the

selected candidate after consultation with the Public

Service Commission; and

(d) if there is only one eligible candidate, the

process provided in paragraphs (b) and (c) shall, mutatis

mutandis, be applied in respect of that candidate.".

Consequential Amendment

In sub-article (4) of article 92 of the Constitution the words Amendment of

"with the Public Service Commission." shall be substituted by the article

Constitution.

words "with the Public Service Commission:" and immediately

thereafter there shall be added the following new proviso

"Provided that notwithstanding the provisions of this

sub-article the appointment of the Commissioner of

Police shall be made by the Prime Minister after

consultation with the Public Service Commission as

may be provided in the Police Act.".

Passed by the House of Representatives at Sitting No. 317 of the 1st

April, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36