Chapter 472
In short
This law defines the conditions under which public officers can be elected as Members of Parliament, specifically regarding their salary scale and continued employment in the public service.
What it regulates
- The eligibility criteria for public officers to be elected to the House of Representatives.
- The rights, obligations, and conditions for public officers who become Members of the House.
- The Prime Minister's power to create special rules for elected public officers regarding their public service duties.
- Exclusions for members of a disciplined force.
Who it concerns
- Public officers in the Public Service.
- Members of the House of Representatives who are also public officers.
Key points
- A public officer can be elected as a Member of the House if their salary scale is not higher than salary scale 6, or another scale determined by the House.
- Elected public officers retain their rights and obligations as public officers, but must be allowed to attend to their duties in the House.
- The Prime Minister can issue Orders to bar elected public officers from serving in specific departments or performing particular duties.
- This Act does not apply to members of a disciplined force.
Legal text
Legal text
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
- The short title of this Act is the Members of Parliament (Public Employment) Act.
- In this Act unless the context otherwise requires: Short title. Interpretation. (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. 3.
(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. Qualification of public officers to be elected as members 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. 4. The provisions of this Act shall not apply to any member of a disciplined force. Members of a disciplined force.