ACT No. XXVI of 2021 AN ACT to amend the Constitution of Malta with the aim of reforming the procedure by which the appointments of the Principal Permanent Secretary and Permanent Secretaries are made.
Statutory Text (3 Articles)
I assent.
(L.S.)
GEORGE VELLA
President
28th May, 2021
ACT No. XXVI of 2021
AN ACT to amend the Constitution of Malta with the aim of
reforming the procedure by which the appointments of the Principal
Permanent Secretary and Permanent Secretaries are made.
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 Constitution of Malta Short title.
(Amendment) Act, 2021 and this Act shall be read and construed as
one with the Constitution, hereinafter referred to as "the Constitution".
Article 92 of the Constitution shall be amended as follows
Amendment of
article 92 of the
Constitution.
(a)
sub-article (3) thereof shall be substituted by the
following
"(3) Power to appoint public officers to hold or act
in the office of Permanent Secretary and to remove from
office persons holding or acting in such office shall vest in
the President of Malta acting in accordance with the advice
of the Public Service Commission:", and immediately
thereafter there shall be added the following proviso
"Provided that the Public Service Commission
shall give its advice to the President after having received
and evaluated the recommendation given by the Principal
Permanent Secretary."; and
(b)
sub-article (5) thereof shall be amended as follows
(i) immediately before the proviso thereof, there
shall be added the following new proviso
"Provided that the power to appoint the
Principal Permanent Secretary shall vest in the
President acting in accordance with the advice of the
Cabinet of Ministers and after consulting the Public
Service Commission:" and
(ii) in the proviso thereof, the words "Provided
that" shall be substituted by the words ‘Provided further
that".
Passed by the House of Representatives at Sitting No. 464 of the
24th May, 2021.
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
€0.36