ACT No. XII of 2021 AN ACT to provide for the amendment of various laws for the purpose of reforming the procedure for the making of various appointments.

I assent.

(L.S.)

GEORGE VELLA

President

30th March, 2021

ACT No. XII of 2021

AN ACT to provide for the amendment of various laws for the

purpose of reforming the procedure for the making of various

appointments.

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 Reform of Powers of

Appointment Act, 2021.

PART I

Amendments to the Constitution

This Part amends the Constitution and it shall be read and

the Constitution.

construed as one with the Constitution, hereinafter in this Part referred

to as "the Constitution".

Immediately after sub-article (3) of article 86 of the

Constitution there shall be added the following new sub-article

"(4) Where by this Constitution the Prime Minister is

required to perform the functions listed in articles 120(2), (6) and

(7), he shall do so after acting on such advice as might have been

given in that respect by the Cabinet of Ministers.".

PART II

Amendments to the Central Bank of Malta Act

This Part amends the Central Bank of Malta Act and it shall Amendments to

be read and construed as one with the Central Bank of Malta Act, the

Central

Bank of Malta

hereinafter in this Part referred to as "the principal Act".

Act.

In sub-article (1) of article 8 of the principal Act, the words Amendment of

"appointed by the President of Malta, acting on the advice of the Prime article

8 of the

principal Act.

Minister" shall be substituted by the words "appointed by the President

of Malta, acting on the advice of the Cabinet of Ministers".

In paragraph (a) of sub-article (2) of article 9 of the principal Amendment of

Act, immediately after the words "by the Prime Minister" there shall article

9 of the

principal Act.

be added the words "acting on the advice of the Cabinet of Ministers".

PART III

Amendments to the Malta Financial Services Authority Act

This Part amends the Malta Financial Services Authority Act Amendments to

and it shall be read and construed as one with the Malta Financial the

Malta

Financial

Services Authority Act, hereinafter in this Part referred to as "the Services

Authority Act.

principal Act".

In paragraph (a) of sub-article (2) of article 6 of the principal Amendment of

Act, immediately after the words "by the Prime Minister" there shall article

6 of the

principal Act.

be added the words "acting on the advice of the Cabinet of Ministers".

PART IV

Amendments to the Arbitration Act

This Part amends the Arbitration Act and it shall be read and Amendments to

construed as one with the Arbitration Act, hereinafter in this Part the

Arbitration

Act.

referred to as "the principal Act".

At the end of sub-article (3) of article 4 of the principal Act Amendment of

there shall be added the following "Before finalising the said selection article

4 of the

principal Act.

the Prime Minister shall obtain the approval of the Cabinet of

Ministers.".

PART V

Amendments to the Data Protection Act

This Part amends the Data Protection Act and it shall be read Amendments to

and construed as one with the Data Protection Act, hereinafter in this the

Data

Protection Act.

Part referred to as "the principal Act".

In sub-article (1) of article 11 of the principal Act, the words Amendment of

"the Prime Minister after he has consulted with the Leader of the article

11 of the

principal Act.

Opposition," shall be substituted by the words "the Prime Minister

acting on the advice of the Cabinet of Ministers after consulting the

Leader of the Opposition,".

Passed by the House of Representatives at Sitting No. 445 of the

24th March, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

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