ACT No. LVII of 2021 AN ACT to further amend the Police Act, Cap. 164.

I assent.

(L.S.)

GEORGE VELLA

President

3rd August, 2021

ACT No. LVII of 2021

AN ACT to further 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 No. 2) Short title.

Act, 2021 and this Act shall be read and construed as one with the

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

In the Arrangement of the Act of the principal Act the words Amendment of

"Title IV Discipline 22-34" shall be substituted by the words "Title IV the

Arrangement of

Discipline 22-34C".

the Act of the

principal Act.

In article 2 of the principal Act, the definition "Chief Amendment of

article 2 of the

Executive Officer" shall be deleted.

principal Act.

In sub-article (6) of article 5 of the principal Act the words Amendment of

article 5 of the

"and the Chief Executive Officer" shall be deleted.

principal Act.

In sub-article (8) of article 6 of the principal Act the words

"and the Chief Executive Officer" shall be deleted.

Article 7 of the principal Act shall be deleted.

In sub-article (2) of article 13 of the principal Act,

immediately after the words "physical tests" there shall be added the

words "and urine drug screening, or alcohol, or any other similar test,".

Article 16 of the principal Act shall be amended as follows

(a) in paragraph (c) thereof, the words "member of the

Force." shall be substituted by the words "member of the Force;

or"; and

(b) immediately after paragraph (c) thereof there shall be

added the following new paragraphs

"(d) owing to the influence, consumption or abuse

of alcohol or any drug, whether alone or in combination

with any other circumstances, is unfit to be entrusted with

his duty or with any duty which he may be called upon to

perform, or may, in any way whatsoever, be of discredit to

the Force; or

(e) refuses, without a valid reason, to be tested as

mentioned in article 13(2).".

Article 23 of the principal Act shall be amended as follows

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) There shall be a Disciplinary Board, appointed

upon the request of the Commissioner, which shall be

made up of three members, a Chairperson appointed by

the Permanent Secretary in the Ministry responsible for

the Police, and another two members appointed by the

Senior Appointments Advisory Committee. The Board

shall be appointed in accordance with the rules of the

Public Service Commission

Provided that the Chairperson shall be a Public

Officer at the Ministry responsible for the Police and the

other two members shall be retired Public Service officers,

one of whom shall be a retired Police Officer who served in

a high rank of Superintendent or higher."; and

(b) in sub-article (3) thereof, the words "for a period of

two years" shall be substituted by the words "for a period of

three years".

Paragraph (b) of article 31 of the principal Act shall be Amendment of

substituted by the following new paragraph

"(b) suspension from work not exceeding seven days;".

Immediately after article 34 of the principal Act there shall be Addition of new

added the following new articles

(1) There shall be a Police Disciplinary

ment of Police

Appeals Board composed of three members, one of whom

shall be the Chairperson appointed by the President of

Malta acting on the advice of the Cabinet of Ministers.

(2) The Chairperson of the Board shall be a person

who has practised as an advocate in Malta for a period or

periods amounting, in the aggregate, to not less than

seven years. The other members of the Board shall be

retired public officers.

(3) The members of the Board shall hold office for a

period of three years and shall be eligible for

reappointment.

(4) Persons appointed as members of the Board shall

hold office until their successors are appointed.

(5) The President of Malta acting on the advice of the

Cabinet of Ministers may also appoint a substitute

chairperson and substitute members of the Board to sit on

the Board whenever the chairperson or members or any

one of them is for some valid reason unable temporarily

to attend and participate in the sittings of the Board

Provided that, as far as practicable, the same

chairperson and the same members shall hear and

conclude the same case.

(6) (a) There shall be such a number of chambers

of the Board as the Minister may prescribe.

(b) Where there is more than one chamber

of the Board, cases shall be assigned to the various

chambers in accordance with such rules as the

Minister may prescribe.

(c) Each chamber of the Board shall be

composed of a chairperson and two other members

as provided in sub-articles (1) to (3), which together

with all the other provisions of this Act other than

this sub-article shall apply with respect to each

chamber as if reference therein to the Board were a

reference to a chamber of the Board.

(7) If any vacancy in the Board occurs during the

term of appointment, on account of death, resignation, or

for any other cause, the President of Malta shall, as soon

as practicable, appoint another person to fill the vacancy

and the person so appointed shall remain in office for the

remainder of the term of office of his predecessor

Provided that the Board shall continue to act

notwithstanding any such vacancy.

(8) A member of the Board shall be removed from

office by the President of Malta acting on the advice of the

Cabinet of Ministers on the ground of inability to

discharge the functions of his office, whether arising from

infirmity of mind or body or any other cause or for

misbehaviour.

(9) The Board shall have a Secretary who shall be

appointed by the Minister.

(1) A member of the Force shall have a right of

appeal to the Police Disciplinary Appeals Board in

Commissioner

accordance with this article against a recommendation of

a finding of guilt and any corresponding penalty imposed

by the Commissioner of Police relating to minor offences

set out in the Second Schedule, or where the member of

the Force can prove that there has been a gross disregard

of the procedures laid down in this Title and such

disregard had prejudiced his interests.

(2) Notice of appeal under sub-article (1), setting out

the grounds of the appeal, shall be communicated, in

writing, to the Secretary of the Police Disciplinary Appeals

Board by not later than ten working days from the date on

which the decision was notified to the member of the

Force concerned. A copy of the notice of appeal shall

concurrently be sent by the member of the Force to the

Commissioner of Police.

(3) On receiving a copy of a notice of appeal, the

Commissioner of Police shall, by not later than ten

working days, transmit to the Police Disciplinary Appeals

Board the relevant documentation relating to the case,

including the report of the Disciplinary Board.

(4) The Secretary of the Police Disciplinary Appeals

Board shall acknowledge the receipt of the notice of

appeal made under this article and any appeal received

after the time period of ten working days established in

sub-article (2) shall not be considered by the Police

Disciplinary Appeals Board.

(5) If the Police Disciplinary Appeals Board is of the

opinion that the appeal merits consideration in terms of

sub-article (1), it may give an opportunity to the member

of the Force charged and to the Commissioner of Police to

make oral representations; but the Police Disciplinary

Appeals Board shall otherwise regulate its own procedure

in dealing with the appeal.

(6) The Police Disciplinary Appeals Board, after

considering the grounds for appeal, the record of the

proceedings, and any oral representations, shall proceed

to decide whether the decision of the Commissioner of

Police shall be confirmed as to the guilt of the appellant

and, or the penalty imposed, or that the Commissioner of

Police should amend or revoke it.

(7) The Police Disciplinary Appeals Board shall

inform the appellant of the outcome of the appeal.

(8) Nothing in this article shall prevent the Police

Disciplinary Appeals Board, either before the hearing or

at any time during the hearing of an appeal, from

summarily dismissing or disallowing an appeal without

hearing it or without hearing it any further as the case

may be, on the grounds that an appeal is frivolous or

vexatious or one that should not otherwise have been

brought or made.

A penalty imposed by the Commissioner of

Suspension of

Police shall not be put into effect before the lapse of at

least ten working days from the date on which the

member of the Force was notified of the penalty by the

Commissioner of Police and, if an appeal has been

lodged, the penalty shall not be put into effect pending a

decision by the Police Disciplinary Appeals Board.".

12. In sub-article (4) of article 37 of the principal Act, the words Amendment of

", or the Chief Executive Officer as the case may be" shall be deleted. article

13. Paragraph (c) of item 3 of the Second Schedule to the Amendment of

principal Act shall be substituted by the following new paragraph

"(c) carries on or is concerned in any trade or business, or

otherwise fails to devote his whole time to the Police service

without the necessary authorization.".

14. The provisions of the Chief Executive Officer (Duties and

Conditions of Appointment) Regulations are hereby, by means of this

Act being repealed, without prejudice to anything done or omitted to

be done thereunder.

Passed by the House of Representatives at Sitting No. 489 of the

14th July, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.72