MEMBERS OF PARLIAMENT (PUBLIC EMPLOYMENT) ACT

MEMBERS OF PARLIAMENT (PUBLIC EMPLOYMENT)

CHAPTER 472

MEMBERS OF PARLIAMENT

(PUBLIC EMPLOYMENT) ACT

Members of Parliament (Public Employment) Act.

10th August, 2004

ACT XI of 2004 .

The short title of this Act is the Members of Parliament

(Public Employment) Act.

In this Act unless the context otherwise requires

(a) "Constitution" means the Constitution of Malta;

(b) "disciplined force" has the same meaning as is

assigned to it by article 47(1) 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.

(1) Subject to the provisions of article 4, for the purposes

of article 54(1)(b) of the Constitution, it is hereby provided that a

public officer, whose office, 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.

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

a disciplined force.