5. |
- There shall be established a body, to be known as the
Authority for Transport in Malta, to perform the functions assigned
to it by or under this Act.
- The Authority shall consist of a Chairperson and not less
than six and not more than ten other members.
- The members of the Authority shall be appointed by the
Minister for a term of one year or for such longer period as may be
specified in the instrument of appointment, but the members so
appointed may be re-appointed on the expiration of their term of
office.
- The Minister may designate one of the other members of
the Authority as Deputy Chairperson and the member so designated
shall have all the powers and perform all the functions of the
Chairperson during his absence or inability to act as Chairperson or
while he is on vacation or during any vacancy in the office of
Chairperson.
- A person shall not be qualified to hold office as a member
of the Authority if that person -
- is a Minister, Parliamentary Secretary or a member of
the House of Representatives or of the European
Parliament, or
- is a judge or magistrate of the courts of justice; or
- has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his
functions as a member of the Authority:
Provided that the Minister may determine that the
person’s interest is not likely to affect the discharge of
his functions and upon such determination that person
shall be qualified to hold the office of member of the
Authority provided that the declared interest and the
Minister’s determination are published in the Gazette;
or
- is interdicted or incapacitated; or
- is convicted of an offence affecting public trust, or of
theft or fraud, or of knowingly receiving property
obtained by theft or fraud or of bribery or of money
laundering; or
- is subject to disqualification under article 320 of the
Companies Act.
- Subject to the provisions of this article, the office of a
member of the Authority shall become vacant -
- on the expiration of the member’s term of office; or
- if any circumstances arise that, if he were not a
member of the Authority, would cause him to be
disqualified for appointment as member.
- A member of the Authority may be removed from office by
the Minister if, in the opinion of the Minister, such member is no
longer suitable to continue in office.
- If the office of a member of the Authority is vacant or if a
member is for any reason unable to perform the functions of his
office, the Minister may appoint a person who is qualified to be
appointed to be a member to be a temporary member of the
Authority; and any person so appointed shall, subject to the
provisions of sub-articles (6) and (7), cease to be such a member
when a person has been appointed to fill the vacancy or, as the case
may be, when the member who was unable to perform the functions of his office resumes those functions.
- Any member of the Authority who has any direct or indirect
interest in any contract made or proposed to be made by the
Authority or in any matter to be discussed or determined by the
Authority, not being an interest which disqualifies such member
from remaining a member, shall disclose the nature of his interest
at the first meeting of the Authority after the relevant facts have
come to his knowledge; such disclosure shall then be recorded in
the minutes of the Authority, and the member having an interest as
aforesaid shall withdraw from any meetings at which such contract
is discussed. Any such disclosure shall be communicated to the
Minister without delay. Where the interest of the member is such as
to disqualify him from remaining a member, he shall report the fact
immediately to the Minister and tender his resignation.
- A member of the Authority shall be paid out of funds at the
disposal of the Authority such remuneration and, or such amount in
respect of expenses as the Minister may determine.
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6. |
- The Authority shall have the following functions and
powers:
- to advise the Minister on the development of transport
policies applicable both at a national as well as at a
local level and that are proposed or have been adopted
by the Minister and to advise the Minister on all other
matters concerning its functions or regulated by this
Act;
- to ensure that transport policies adopted by the
Minister are implemented and that local transport
schemes are in line with national transport policies and
that no local transport scheme is introduced without
the approval of the Authority;
- to promote the transport facilities of Malta and in
particular the use of its ports and civil aviation
facilities and the registration under the Malta flag of
aircraft, ships, boats, yachts and vessels;
- to provide or secure or promote the provision of a
properly integrated, safe, economical and efficient
transport system within Malta and its internal and
territorial waters, and to regulate and control the
provision of services related to such system, including
the establishment of schedules and time-tables to be
adopted for such services;
- to develop the necessary strategy to achieve the
policies, strategies and objectives set by Government
or by the Authority and to determine the short term
and long term objectives for the performance of the
functions of the Authority;
- to licence and regulate any aircraft, boat, ship, yacht,
or vehicle and to regulate the use thereof;
- to provide, or secure or promote the provision of such
services and facilities as appear to the Authority to be
expedient in the performance of its functions,
including the power to provide for the accessibility of
such services and facilities by any person irrespective
of by whom these are provided;
- to provide or secure or promote the provision of
training for persons engaged or to be engaged in the
transport services and to promote the welfare of such persons;
- to provide for the safe use of any aircraft, ship, yacht,
or vehicle and to ensure that the safety of the public in
general is protected through the making of such rules,
regulations and standards as may seem necessary to
the Authority in order to achieve this objective;
- to compile and keep up-to-date records of such data as
it may deem appropriate in connection with its
functions;
- to carry out or give effect to any international
convention or other international agreements relating
to which the Government is or intends to become a
party;
- to implement any European Community obligation
relating to any matter falling within its functions;
- to carry on all such activities not falling within the
functions or competence of another person, body or
authority according to law as may appear to the
Authority to be requisite, advantageous or convenient
to be carried on for or in connection with the
performance of any of the other functions of the
Authority; and
- to perform any other function or duty, and to exercise
any power vested, in it by or pursuant to this Act or
any other law.
- The Authority shall have the power to:
- grant, renew, refuse, suspend or revoke licences, and
to establish the conditions under which such licence
may be granted, renewed, refused, suspended or
revoked and the fees which may be payable in each
case;
- prescribe the fees to be paid in respect of the issue,
validation, renewal, extension or variation of any
certificate, licence or other document or the
undergoing of any examination or test required by this
Act or any regulations, directive or order made
thereunder and in respect of any other matters in
respect of which it appears to the Authority to be
expedient for the purpose of the Act, regulations,
directive or order to charge fees;
- regulate the manner and conditions of the issue,
validation, renewal, extension or variation of any
certificate, licence or other document required by this
Act or any regulations, directive or order made
thereunder, and as to the form, custody, production,
cancellation, suspension, endorsement and surrender
of any such document;
- regulate the charges, fees or tariffs that may be
charged or made for the use of ports and aerodromes,
and for the use of any transport facility including
different means of public transport, and for services
provided at such facilities;
- appoint its officers or employees to supervise the
implementation of and, where necessary, to enforce
this Act or any regulations made thereunder or deemed
to be made thereunder;
- establish codes of conduct for transport operators and
the operators of other services provided for hire or
reward which codes of conduct shall have the force of
law after publication in the Gazette;
- establish and impose, by regulations, tariffs, fees and
administrative penalties;
- prohibit, control and otherwise regulate -
- the use by any person of any transport facility,
including ports and aerodromes;
- the presence of any person, aircraft, ship, boat,
yacht, vehicle, cargo or goods within any
transport facility, including any port or
aerodrome;
- load or unload any aircraft or ship, boat, yacht or
vehicle in any aerodrome or port or road or wherever it
may be;
- direct where any ship shall be berthed, moored or
anchored in any port and the method of anchoring
within the port, or where any aircraft shall be parked in
any airport and method of parking within the airport;
- remove or order the removal of any ship from one
berth, station or anchorage to another in a port, and the
time within which such removal is to be effected, or
remove or order the removal of any aircraft from a
parking space, and the time within which such removal
is to be effected;
- regulate the movement of ships within or between
ports, or within the approaches to a port or within
territorial waters, and of aircraft in an airport in the
same manner and as may be applicable;
- carry on such business and other activities, do all such
things and enter into all such transactions as appear to
the Authority to be necessary, convenient or
advantageous for it to carry on or perform or enter
into, for or in connection with the discharge of its
functions, or as appear to the Authority to be
incidental or conducive thereto; and
- to fund public transport services and infrastructure,
invest in transport systems and enter into negotiations
and arrangements with other persons to develop,
improve, coordinate and secure the provision of public
transport services.
- The Authority may, with the consent of the Minister, take
part in the formation of a company, or enter into joint ventures or
partnerships for the purpose of fulfilling any of its functions.
- In carrying out its functions under this Act, the Authority
shall ensure that its strategy, policies and activities conform with
the aims and objectives of national economic planning from time to
time in force, general Government and Ministry directives and shall
give primary consideration to the impact of transport on the
environment encouraging polices of environmental sustainability,
modal shifts and passenger transport.
- The Authority may cause or authorise any of its officers or
employees to board any aircraft, ship, boat, yacht in port or outside
port, or any vehicle wherever it may be if it considers it necessary
so to do in the discharge of any function under this Act or under
any other law or if it considers that there are reasonable grounds to
believe that an offence against this Act, or against any other law, or
any regulation, rule, directive or order made thereunder, has been
or is about to be committed.
- The Authority may cause or authorise any of its officers or
employees, together with such workmen as may be necessary to -
- enter on any land or building for the purpose of
erecting or maintaining any lighthouse or beacon or
other navigational aid for ships, or of examining,
repairing, altering or removing any such lighthouse,
beacon or other aid, and there remain for such
reasonable time as may be necessary for such purpose;
- erect and maintain lighthouses, or other aids as
aforesaid upon or in any land, building, wharf, pier, or
the shore or bed of the sea and alter or remove any
such lighthouse, beacon or other aid:
Provided that:
- the Authority shall as far as practicable give
notice to the occupier of any land or building
upon which it is intended to enter in exercise of
the powers conferred by this sub-article; and
- the Authority in the exercise of the said powers
shall do as little damage as is practicable in the
circumstances and shall pay compensation for
any damage done and for the creation or
requisition of any rights over property.
- The Authority may, instead of using its officers or
employees to carry out any action sanctioned by this Act, decide to
authorize a contractor of the Authority to exercise such function
and in such cases the contractor of the Authority shall have such
powers, rights and obligations as an officer or employee of the
Authority and shall, for the purposes of this Act and any regulation
or directive made thereunder, be for all intents and purposes
considered an employee of the Authority.
- The Authority may require any person to provide it with
any information, including financial information, that the Authority
considers necessary for the purpose of ensuring compliance by that
person with the provisions of this Act, regulations prescribed
thereunder and decisions or directives made in accordance with this Act or any other law which the Authority is entitled to enforce. Any
person who fails or refuses to provide such information shall be in
contravention of this Act and shall be liable to the imposition of an
administrative fine as may be prescribed by the Authority.
- Where any damage is done to any works, plant or
machinery in any aerodrome, port, transport facility or to any other
property of the Authority by an aircraft, ship boat, yacht or vehicle
or by any person engaged on any work on or about an aircraft, ship,
boat, yacht or vehicle the Authority may restrain such aircraft, ship,
boat, yacht or vehicle and shall thereupon notify the pilot, master,
driver, owner or agent of such aircraft, ship, boat, yacht or vehicle
or the agent or representative of such owner, to provide within the
time specified in the notice, sufficient security for the payment of
the damages so caused, and the aircraft, ship, boat, yacht or vehicle
shall not be released until the security is given.
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7. |
Without prejudice to the powers and functions granted to
the Authority in terms of article 6, the Authority shall have the
following powers and functions specifically in connection with
roads and transport by road:
- to regulate transport by road, the registration, licensing
and use of vehicles, the licensing of all commercial
operations connected with road transport, and to make
provision for any matter that is provided for under this
Act in connection with transport by road;
- to occupy, plan, design, construct, re-construct,
administer, maintain, repair and restore roads and to
provide or secure or promote the provision of the same
and also to provide or secure or promote the provision
of services for such purposes and to manage and
control the necessary works, including the planning
and programming thereof and the planning and
programming for the rebuilding and restoration of the
existing roads:
Provided that where the maintenance of any road is the
responsibility of a Local Council in terms of the Local
Councils Act, the maintenance of such road shall not,
to the extent of such responsibility, be the function of
the Authority unless an agreement to that effect is
reached between the Local Council and the Authority:
Provided further that where a street or road is to be
formed by any other person in accordance with any
other law, it shall not be the function of the Authority
to form such street or road;
- to establish standards and specifications to be
maintained and complied with in the execution of any
works connected with roads and to do all such things
as are necessary or expedient to ensure adherence to
such standards and specifications by any Local Council or person who carries out works on a road
independently of who is responsible for that road and
for this purpose to set up regular programmes to verify
as well as to ensure the implementation of such
standards and specifications;
- without prejudice to any application that may need to
be made under the Development Planning Act, to act
as the sole authority to grant permits for any work on
any road;
- to grant rights of way on roads to persons or in respect
of;
- to do all such things as are necessary or expedient for
the testing, registration and licensing of vehicles,
owners of vehicles, commercial operators of vehicles,
drivers of vehicles, or other persons connected with
road transport;
- to ensure the provision of adequate, efficient and
environmentally friendly public transport systems and
for this purpose to either provide such services itself or
enter into contracts of service or other binding
instruments with third parties to provide such services;
- to do all such things as may be necessary for the
regulation, management, safety and control of road
traffic both at a national as well as at local level and
for this purpose to adopt strategies and standards that
are benchmarked at a European level;
- to plan, install, construct and maintain bus stops, fare
stages, bus termini, taxi stands, karrozzini stands and
other commuter facilities, and to regulate the
installation of bus shelters;
- to plan, design, regulate and authorize road traffic
signs or signals, road markings and traffic calming
measures, the installation of traffic control equipment
and related lighting equipment, the construction of
road ramps, and the installation of speed cameras and
other road traffic facilities for the purposes of traffic
management and control;
- to provide and regulate parking places for motor
vehicles in public areas and streets, and to regulate and
issue licences to car park attendants; and
- to establish weights, dimensions and equipment
requirements for motor vehicles.
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8. |
Without prejudice to the powers and functions granted to
the Authority in terms of article 6, the Authority shall have the following powers and functions specifically in connection with maritime affairs and maritime transport -
- to regulate transport by sea, the registration, licensing
and use of boats, ships and yachts, the licensing of all
commercial operations connected with sea transport,
the construction, maintenance and licensing of ports
and port activities, yachting centres and other facilities
connected with sea transport and to make provision for
any matter that is provided for under this Act in
connection with transport by sea;
- to regulate and control navigation within the limits of
any port and the approaches thereto;
- to provide or ensure the provision of the appropriate
fire-fighting services in ports, and the provision of
pilotage and moorage services to ships;
- to provide and maintain in Malta adequate and
efficient lighthouses, beacons and other lights, buoys
and other navigational aids and services at such places,
including the territorial waters of Malta, as the
Authority may deem appropriate;
- to provide, maintain, develop, improve and operate
ports in Malta and any of their facilities, and to
provide, maintain and operate therein and in the
approaches thereto adequate and efficient services, and
facilities as it may from time to time consider
necessary or advantageous for the proper, safe and
efficient functioning of such ports or as the Authority
may otherwise deem it proper to provide in the public
interest and to clean and clear any port or the approaches thereto;
- to provide and use or to ensure the provision and use
of ships, boats, yachts and vehicles and other means
for the salvage or protection of life and property;
- to provide or ensure the provision of fuel and other
necessities to ships and to exercise overall control of
all port work including the provision of port workers
for port work;
- to promote and advance the skills of seafarers and of
persons employed in ports and in the maritime industry
and the efficiency of the equipment used therein;
- without prejudice to the above, to provide or ensure
the provision of such other services and facilities as
are in the opinion of the Authority necessary for the
operation of ports;
- without prejudice to the provisions of any other law, to
exercise overall control for the preservation of good
order in the territorial and internal waters of Malta, in
any port and in the land and sea approaches to any
port, and on wharves;
- to regulate, administer and control all matters related
to merchant shipping or provided for under the
Merchant Shipping Act or any other related legislation
and to provide all services thereto;
- without prejudice to any of the provisions of the
Merchant Shipping Act, to do all such things as are
necessary and expedient for the testing, registration
and licensing of boats, ships and yachts, owners or
commercial operators of the same, seafarers, persons
working in ports or other persons or facilities
connected with transport by sea;
- without prejudice to the provisions of the Environment
Protection Act to prevent and control the pollution of
any port or the approaches thereto by oil or any other
substances; and
- to regulate, control, develop and promote the yachting
centres and to promote the maritime facilities of Malta
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9. |
Without prejudice to the powers and functions granted to
the Authority in terms of article 6, the Authority shall have the
following powers and functions specifically in connection with
civil aviatition -
- to ensure a safe operational environment in accordance
with the Convention on International Civil Aviation
done at Chicago on the 7th December 1944;
- to regulate transport by air, the registration, licensing
and use of aircraft, the licensing of all commercial
operations connected with air transport and service
providers, the construction, maintenance, licensing
and inspection of aerodromes and other facilities
connected with air transport and to make provision for
any matter that is provided for under this Act in
connection with transport by air;
- to regulate air traffic management and airspace design,
including communications, navigation, surveillance,
airspace and air traffic management systems and
procedures, as well as aeronautical information
services;
- to regulate all matters connected with civil aviation
and to coordinate with relevant civil aviation
international organizations and to promote
international cooperation in civil aviation;
- to register aircraft in Malta, to approve and appraise
the operational safety standard of locally registered
airlines, and to regulate, control, develop and promote
the use of the civil aviation facilities of Malta;
- to prohibit aircraft from flying unless certificates of
airworthiness issued or validated are in force with
respect to them;
- to provide for access to aircraft factories for the
purpose of inspecting work therein carried on therein
in relation to aircraft or parts thereof and for
prohibiting or regulating the use of unlicensed
aerodromes;
- to prohibit persons from engaging in, or being
employed in or in connection with, air navigation and
to license those employed at aerodromes in the
inspection or supervision of aircraft;
- to regulate the conditions under which, and in
particular the aerodromes to or from which, aircraft
entering or leaving Malta may fly, and the conditions
under which aircraft may fly from one part of Malta to
another;
- to regulate the conditions under which passengers and
cargo may be carried by air and under which aircraft
may be used for other commercial, industrial or
gainful purposes, and to prohibit the carriage by air of
goods of such classes as may be specified in
regulations or order;
- to minimise or prevent interference with the use or
effectiveness of apparatus used in connection with air
navigation, and to prohibit or regulate the use of such
apparatus as aforesaid and the display of signs and
lights liable to endanger aircraft;
- generally to secure the safety, efficiency and regularity
of air navigation and the safety of aircraft and of
persons and property carried therein, to prevent
aircraft endangering other persons and property and, in
particular, to detain aircraft for any of the purposes
specified in this paragraph;
- to require persons engaged in, or employed in or in
connection with, air navigation to supply
meteorological information for the purposes of air
navigation;
- to license flight crew, air traffic controllers and apron
controllers and to monitor the conduct of their medical
examinations and to license aircraft maintenance
engineers and other aviation personnel;
- to regulate the making of signals and other communications by or to aircraft and persons carried
therein;
- to establish any ensign, and to regulate the use of any
ensign already established whether by regulations or
order or otherwise, for purposes connected with air
navigation;
- to prohibit aircraft from flying over such areas in
Malta as may be specified in regulations or order;
- to support and assist in the investigation of air
accidents and incidents.
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10. |
- Subject to the other provisions of this Act, the affairs
and business of the Authority shall be the responsibility of the
Authority, but save as aforesaid, the executive conduct of the
Authority, its administration and organisation and the
administrative control of its Directorates and of its officers and
employees, shall be the responsibility of the Chief Executive
Officer of the Authority, who shall also have such other powers as
may from time to time be delegated to him by the Authority.
- The Authority and each of the Directorates may exercise
any one or more of their functions or responsibilities either directly
or through any of their officers or employees authorised for the
purpose, or through a contractor or other person with whom
agreement for the performance of any one or more of such
functions or responsibilities has been entered into:
Provided that nothing in this sub-article shall authorise the
Authori ty to contract out any of i ts regulatory or l icensing
functions.
- Where in this Act anything is to be done by or against or
with respect to the Authority, or any notice is to be or may be given
to the Authority, any such thing or notice may also be done by or
against or with respect to or be given to the Directorates under
whose jurisdiction the matter falls by reason of a delegation of
function to such Directorate; and for the purposes aforesaid any
reference in this Act to the Authority includes a reference to the
appropriate Directorate.
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11. |
- Policy making and the determination of policy matters
shall be the exclusive prerogative of the Minister. In the event of
disagreement between the Minister and the Authority whether or
not a particular matter is a matter of policy, the decision of the
Minister shall be final provided that the Authority may request that
the Minister delivers his decision in writing.
- A policy determination by the Minister shall only be
binding on the Authority if it is communicated to it in writing and
is signed by the Minister.
- Without prejudice to the above, the Minister may, from time
to time, give to the Authority directions, not inconsistent with the
provisions of this Act, to be followed by the Authority in the
carrying out of its functions under this Act, and the Authority shall,
as soon as practicable, give effect to all such directions.
- The Authority shall afford to the Minister facilities for
obtaining information with respect to its property, activities or any
other function or duty and furnish him with returns, accounts and
other information with respect thereto, and shall also afford to him
facilities for the verification of information furnished, in such
manner and at such times as he may reasonably require.
- If the Authority fails to comply with any directions issued
under thi s ar t icl e, the Pr ime Mini s te r may make an order
transferring to the Minister in whole or in part any of the functions
of the Authority in which case those functions may be exercised by
the Minister through the Chief Executive Officer of the Authority
and through its Directorates, officers and other employees.
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12. |
- The Authority shall be a body corporate having a
distinct legal personality and shall be capable, subject to the
provisions of this Act, of entering into contracts, of acquiring,
holding and disposing of any kind of property for the purposes of
its functions, of suing and being sued, and of doing all such things
and entering into al l such t ransact ions as are incidental or
conducive to the exercise or performance of its functions under this
Act, including the lending or borrowing of money.
- The legal representation of the Authority shall jointly vest
in the Chairperson and the Chief Executive Officer:
Provided that the Authority may appoint any one or more of its other members or any one or more of its officers or employees to
appear in the name and on behalf of the Authority in any judicial
proceedings and in any act, contract, instrument or other document
whatsoever.
- Any document purporting to be an instrument made or
issued by the Authority and signed by the Chairperson or by the
Chief Executive Officer or by a head of the Directorate in relation
to any matter delegated to him on behalf of the Authority shall be
received in evidence and shall, until the contrary is proved, be
deemed to be an instrument made or issued by the Authority.
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13. |
- The meetings of the Authority shall be called by the
Chairperson, as often as may be necessary but at least once a
month, either on his own initiative or at the request of any four of
the other members of the Authority.
- Half the number of members for the time being constituting
the Authority shall form a quorum. Decisions shall be adopted by a
simple majority of the votes of the members present and voting.
The Chairperson, or in his absence the Deputy Chairperson or other
person appointed to act as chairperson, shall have an initial vote
and, in the event of an equality of votes, a casting vote. Without
prejudice to the other requirements of this Act, no decision shall be
valid which is not supported by at least three members of the
Authority where the Authority consists of six members other than
the Chairperson or by at least four members where the Authority
consists of more than six members other than the Chairperson.
- Subject to the provisions of this Act, the Authority may
regulate its own procedure.
- Subject to the foregoing provisions of this article, an act or
proceeding of the Authority shall be valid notwithstanding any
vacancy among its members.
- All acts done by any person acting in good faith as a
member of the Authority shall be valid as if he were a member
notwithstanding that some defect in his appointment or
qualification be afterwards discovered. No act or proceeding of the
Authority shall be questioned on the ground of the contravention,
by a member, of the provisions of article 5(9).
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14. |
- There shall be established the Directorates designated
in the First Schedule which shall have there spective
responsibilities described in the same Schedule. The Minister may,
after consulting the Authority, by regulations amend the said
Schedule whereby any one or more of the said Directorates may be
abolished , or their responsibilities varied or such other
Directorates , as the Minister may from time to time deem
appropriate may be established.
- The Authority shall in writing vest in the Directorates
establ ished under sub-art icle (1) and subject to the overal l
supervision and control of the Authority and of the Chief Executive
Officer, such of its functions as relate or are ancillary to the matters
for which they are responsible as will enable the said Directorates
to give effect to the strategies, policies and directives of the
Authority and to otherwise discharge effectively and efficiently the
functions of the Authority in their respective areas of operation.
- Each of the Directorates established under sub-article (1)
shal l be headed by a person having adequate exper ience or
knowledge in the respective area of operation who shall either be a
public officer detailed for duty with the Authority or any employee
of the Authority, or a person detailed to work for the Authority in
accordance with an agreement made between the Authority and a
public or private undertaking.
- The heads of the Directorates shall be appointed by the
Authority following approval by the Minister for a period of three
years which may be extended for further periods of three years
each.
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15. |
- The Authority shall appoint a Chief Executive Officer
following the approval of the Minister. Such appointment shall be
for a period of three years which may be extended for further
periods of three years each.
- The Chief Executive Officer shall attend all the meetings of
the Board but shall not vote at such meetings:
Provided that the Authority may if it so deems fit, require
the Chief Executive Officer not to attend any of the meetings or any
part of a meeting.
- The Chief Executive Officer shall be responsible for the
implementation of the objectives of the Authority in the exercise of
i ts funct ions and wi thout prejudice to the generali ty of the
foregoing shall
-
- assume full responsibility for the overall supervision
and control of the Directorates;
- with the approval of the Authority, assign to the
Directorates such duties which are by, or in accordance
with, the provisions of this Act vested in such
Directorates;
- co-ordinate the workings of the Directorates;
- develop the necessary strategies for the
implementation of the objectives of the Authority;
- advise the Authority on any matter it may refer to him
or on any matter on which he considers his advice
necessary or expedient; and
- carry out such other functions and duties as the
Authority may assign to him from time to time.
- The Chief Executive Officer shall not hold any other office
or position without the consent of the Authority.
- The Chief Executive Officer may be dismissed by the
Authority at any time for a just cause and it shall be a just cause if
the Authority determines that he has not achieved the targets and
objectives set for him by the Authority.
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16.
|
- The Authority shall establish an Audit Committee with
written terms of reference, which clearly lay down the authority,
responsibilities, and duties of such committee.
-
- The Audit Committee shall meet as frequently as
necessary but at least six times a year.
- Meetings of the Audit Committee shall be chaired by
the Deputy Chairperson of the Authority, or in his
absence, by such member of the Authority as may be
designated for such purpose by the Chairperson of the
Authority.
- The members of the Audit Committee shall be
appointed on such terms and conditions as may be
determined by the Authority.
- Without prejudice to the generality of the provisions of subarticle
(1), the Audit Committee shall have the following functions:
- to provide oversight of the systems of internal control
and risk management of the Authority and to assist and
support the Authority in discharging its
responsibilities in relation thereto;
- to provide the communication link with external
auditors and to evaluate and coordinate the audit and
financial reporting process of the Authority;
- to scrutinize and evaluate any transaction to be entered
into by the Authority with a value exceeding two
hundred and fifty thousand euro (€250,000); and
- to review and assess the effectiveness of the
management of the Authority in its compliance with
policies and in the discharge of its regulatory and
compliance functions;
- to manage all the most important risks undertaken by
the Authority.
- The Audit Committee shall report directly to the Authority
at least once every six months and at any such times as may be
directed by the Authority.
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