Chapter 273 – Inquiries Act
What is this act about?
This law regulates how certain official inquiries are conducted, establishing rules for the appointment of inquiry boards, their powers, and the duties of those involved.
Who it applies to: Public officers and officers/servants of statutory bodies; Individuals summoned to give evidence or produce documents before an inquiry board.
At a glance
- Country
- Malta
- Area of law
- Other legislation
- Articles
- 7
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The appointment and structure of inquiry boards.
- The powers of these boards to summon witnesses and administer oaths.
- The conduct of public officers and statutory bodies.
- Matters concerning government departments or services.
Who does this act apply to?
- Public officers and officers/servants of statutory bodies.
- Individuals summoned to give evidence or produce documents before an inquiry board.
What are the key points?
- Inquiry boards can be appointed by the Prime Minister or a Minister for specific purposes.
- A board with three or more persons must have a chairman and an even number of other members; if more than three, a deputy chairman is also appointed.
- The quorum for a board includes the chairman (or deputy) and at least half of the other members.
- Witnesses can be summoned and required to give evidence and produce documents, similar to a court of law. Refusal to comply can lead to a fine not exceeding 1,164.69 euro or imprisonment not exceeding three months, or both.
Other legislation
Legal text
Legal text
INQUIRIES
CHAPTER 273
INQUIRIES ACT To regulate certain inquiries and to make other provisions in respect thereof. (3rd June, 1977)* ACT XIX of 1977, as amended by Acts XIII of 1983 and V of 1989 ; and Legal Notice 423 of 2007 .
Art. 1
The short title of this Act is the Inquiries Act.
Short title.
Art. 2
In this Act, unless the context otherwise requires - Interpretation.
Amended by:
V. 1989.2. "Board" includes any commission, committee or other body of persons and includes also a single person functioning as a Board or similar authority; "inquiry" includes any investigation or other examination of the facts or circumstances of a case; "public officer" has the same meaning as is assigned to it by article 124 of the Constitution of Malta; "statutory body" means any corporation or other body corporate established by law or any partnership or other body in which the Government or such body as aforesaid has a controlling interest, or over which it has effective control.
Art. 3
This Act shall apply to any Board appointed or authorised by or under any law, including this Act, to carry out any inquiry or inquiries into any of the following matters:
Application of the provisions of this Act. (a) the conduct of public officers, or of officers or servants of a statutory body, or of anyone or more of such public officers or officers or servants; (b) the conduct or management of any department of Government or of any statutory body; (c) any matter falling within the functions or responsibility of any such department or body, or otherwise concerning or affecting a service of the Government, and in particular, but without prejudice to the generality of the aforesaid, this Act shall apply to any Board or other authority, exercising powers of discipline with respect to public officers in accordance with article 110 and article 121 of the Constitution of Malta and any regulations made thereunder.
Art. 4
Appointment of Boards under this Act.
Amended by:
V. 1989.3.
INQUIRIES department or statutory body or service for which he is responsible or in respect of which he has powers under any enactment.
Oath of office.
Amended by:
V.1989.4.
Art. 5
Summoning of witnesses and administration of oaths.
Amended by:
XIII. 1983.5;
V. 1989.5;
L.N. 423 of 2007.
Art. 6
INQUIRIES
Provided that, without prejudice to the generality of the provisions of subarticle (1)(b), no person giving evidence before a Board may be compelled to incriminate himself, and every such person shall, in respect of any evidence given by him before a Board, be entitled to the same privileges to which a witness giving evidence before a court of law is entitled.
Art. 7
Notwithstanding the repeal of the Committees of Inquiry Act, 1948*, and without prejudice to the provisions of article 12 of the Interpretation Act, any power exercised and any oath taken under the aforesaid Act of 1948, shall continue to have effect as if it had been a power exercised under, or a power given by, this Act, as the case may require, or an oath taken under and for the purposes of this Act. *Repealed by subarticle (1) of article 7 of this Act as originally enacted, which subarticle has been omitted under the Statute Law Revision Act , 1980.
Savings.
INQUIRIES SCHEDULE Amended by:
V.1989.6. [ ARTICLES 5 AND 6] A. Form of oath to be taken by chairman, deputy chairman or member of Board I ............................................................... having been appointed to be Chairman/Deputy Chairman/Member of ........................................... do swear/solemnly affirm that I will faithfully, fully, impartially and to the best of my ability discharge the trust and perform the duties devolving upon me by virtue of the said appointment.
So help me God.
B. Summons to Witnesses (The Inquiries Act) To A.B. (name of person summoned and residence) You are hereby summoned to appear before................................ .............................................. at ............. (place) on ............... (date and time) and to give evidence respecting .............................. . ....................................... (the matter of the inquiry).
Given under my hand this ........... day of ............ 20... ................................................ (Signature of Chairman, Deputy Chairman or other member)