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
MEMBERS OF PARLIAMENT (PUBLIC EMPLOYMENT)
[ CAP. 472.
1
CHAPTER 472
MEMBERS OF PARLIAMENT
(PUBLIC EMPLOYMENT) ACT
Members of Parliament (Public Employment) Act.
10th August, 2004
ACT XI of 2004.
1.
The short title of this Act is the Members of Parliament
(Public Employment) Act.
2.
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.
🔗 Għas-sors uffiċjali
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.