Public Service Commission Disciplinary

L.N. 328 of 2019

CONSTITUTION OF MALTA

Public Service Commission Disciplinary

(Amendment) Regulations, 2019

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 Title.

Disciplinary (Amendment) Regulations, 2019, and these regulations

shall be read and construed as one with the Public Service Commission S.L. Const.03

Disciplinary Regulations, hereinafter referred to as the "principal

regulations".

Regulation 18 of the principal regulations shall be amended Amends

regulation 18 of

as follows

the principal

regulations.

(a) sub-regulations (3)

and

(4)

thereof

shall

be

substituted with the following

"(3) A Disciplinary Board for the purpose of

regulation 17(1)(f) shall consist of at least three (3)

persons, who shall be appointed by the Permanent

Secretary of the Ministry responsible for the officer

charged, from among suitable and competent public

officers, and, or persons listed in the Standing Disciplinary

Panel of the relevant ministry

Provided that the Disciplinary Board appointed

shall be chaired by a public officer who shall be

(a) an officer performing duties within the

same ministry but, in any case, who does not fall

under the responsibility of the Head of Department

issuing charges against the officer;

(b) not less than two (2) salary scales above

that of the officer charged and not below salary scale

10;

(c) in salary scale 5 or higher if it is specified

in the statement of charges that if proved, the charges

may lead to dismissal;

(d) in a salary scale not below that of the

officer charged whenever the officer charged is in

salary scale 3 or higher.

(4) If a public officer is appointed as a member of

the disciplinary board, he shall be

(a) an officer performing duties within the

same ministry but, in any case, who does not fall

under the responsibility of the Head of Department

issuing charges against the officer; and

(b) at least one salary scale above that of the

officer charged

Provided that where the officer charged is in

salary scale 3 or higher, the member shall be in a

salary scale not below that of the officer charged.";

(b) in sub-regulation (6) thereof, for the words "Head of

Department" there shall be substituted the words "Permanent

Secretary";

(c) in sub-regulation (7) thereof, for the words "Head of

Department" wherever it appears shall be substituted the words

"Permanent Secretary";

(d) in sub-regulation (8) thereof, for the words "Head of

Department" there shall be substituted the words "Permanent

Secretary"; and

(e) sub-regulation (9) thereof, shall be substituted with

the following

"(9) If the Permanent Secretary does not accept the

petition under sub-regulation (7), he shall inform the

petitioner accordingly, who shall have the right to refer his

petition, within five (5) working days from the date he is so

informed, to the Public Service Commission for its

consideration. The decision of the Public Service

Commission shall be final.".

€0.18