Seaman's Handbook

Authority for Transport in Malta Act - Chapter 499

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 personís 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 Ministerís 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 memberís 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.

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.

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.

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

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.

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.

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.

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.

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).

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.

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.

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 (Ä250,000); 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.