Public Service Commission Appointments

L.N. 126 of 2017

CONSTITUTION OF MALTA

Public Service Commission Appointments

(Amendment) Regulations, 2017

IN EXERCISE of the powers conferred by article 121 of the

Constitution of Malta, the Public Service Commission has, with the

consent of the Prime Minister, made the following regulations:-

The title of these regulations is Public Service Commission Citation.

Appointments (Amendment) Regulations, 2017, and these regulations

shall be read and construed as one with the Public Service Const. 05.

Commission Appointments Regulations, hereinafter referred to as the

"principal regulations".

The following regulation shall be added after regulation 32 Adds new

of the principal regulations

(1) Notwithstanding any other provision

of these regulations, if a Head of Department

considers that an officer should be retired from the

service in the public interest he shall report the fact to

the Head of the Public Service who shall

(a)

obtain from the Heads of the

Departments in which the officer has served

during the previous twelve years, or since the

date of first appointment, whichever is less,

reports as to his work and conduct;

(b) allow the officer an opportunity of

considering all reports and other documentation that

shall be used by the Head of the Public Service in

justification of the officer’s retirement, in order to

allow the officer to show cause why he should not be

retired from the service.

(2) If the Head of the Public Service, after

considering the reports and the officer’s statement and

having regard to all the circumstances of the case, is

of the opinion that the officer should be retired from

the service in the public interest, he shall forward to

the Commission the reports of the Heads of

Department and the statement of the officer together

with his own recommendation, which shall be copied

to the officer’s Head of Department and to the officer

concerned.

(3) Notwithstanding any other provision of

these regulations, if the Head of the Public Service, on

information which has come to his knowledge in any

manner, is of the opinion that an officer should be

retired from the service in the public interest, he shall

observe the procedure prescribed in sub-regulation

(1)(a), (1)(b) and (2).

(4) The Commission shall give the officer

against whom proceedings are being taken, and his

representative every opportunity to make oral

representations before the Commission.

(5) The Commission, after making such further

enquiry as it deems necessary, shall then recommend

to the Prime Minister the action, if any, that it

considers should be taken against the officer.".

€0.18