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Ombudsman Act (Cap. 385) Consolidated

CHAPTER 385

OMBUDSMAN ACT

To provide for the appointment of an Ombudsman with power to investigate the administrative actions taken by or on behalf of Government and other authorities, and for other purposes connected therewith.

(25th July, 1995
15th November, 1995)*

ACT XXI of 1995, as amended by Act XVI of 1997; and Legal Notices

425 of 2007 and 105 of 2008.

PRELIMINARY

1. The short title of this Act is the Ombudsman Act.

2. In this Act, unless the context otherwise requires -

"Ombudsman" includes, to the extent of any delegation under article 27, a person so delegated;
"action" means any action relating to a matter of administration and includes failure to act;
"p ublic off icer " has the same m eaning as is assigned to it by article 124 of the Constitution;
"statutory body" means any corporation or other body corporate established by law;
"local council" means a local council established under the Local
Councils Act.

APPOINTMENT

3. There shall be appointed as an Officer of Parliament a Commissioner for Administrative Investigations to be called the Om budsman, who shall be appointed by the President acting in a ccordance with a re solution of the Hous e of Re pre s entatives su pp ort e d by the vot es of n o t less t h an two - t h irds of all th e members of the House:

Provided that when a person who is not a member of the House of Representatives is elected to be the Speaker of the House of Representatives he shall not be treated as a member of the House for the purpose of establishing the majority required by this article.

Short title. Interpretation.

Cap. 363.

Appointment of

Ombudsman.

4. (1) A person shall not be qualified to be appointed to the of fi ce of Om budsman if he is a mem b er of the House of Representatives, a member of a local council, or if he is a public officer.

(2) The office of Ombudsman shall be incompatible with the exercise of any professional, banking, commercial or trade union

Disqualification and incompatibilities.

*See article 1(2) as originally enacted, which subarticle has been omitted under the

Statute Law Revision Act, 1980, and Legal Notices 102 and 160 of 1995.

activity, or other activity for profit or reward.
(3) The Ombudsman shall not hold any position which is incompatible with the correct performance of his official duties or with his impartiality and independence or with public confidence therein. The Ombudsman shall declare to, and seek the approval of, the Speaker of the House of Representatives to any positions, trusts o r m emb ershi ps whi ch t he Om bu dsman consid ers do no t affect impartiality, or independence and public confidence, and which it is desired to retain during the term of office.

Term of office. 5. (1) Except as otherwise provided in this Act, an Ombudsman shall hold office for a term of five years, and shall be eligible for reappointment for one consecutive term of five years.

(2) Unless his office sooner becomes vacant, a person appointed as an Ombudsman shall hold office until his successor is appointed.
(3) An Ombudsman may at any time resign his office by writing addressed to the President.

Removal or suspension from office.

6. (1) An Ombudsman may at any time be removed or suspended from his office by the President, upon an address from the House of Representatives supported by the votes of not less than two- thirds of all members of the House, praying for such removal on the ground of proved inability to perform the functions of his office (whether arising from infirmity of body or mind or any o ther cau se) or prov ed m isbehaviou r, and the p rovi si ons of the proviso to article 3 shall also apply for the purpose of establishing the majority required under this subarticle.

(2) At any time when Parliament is not in session, an Ombudsman may be suspended from his office by the President a c ting in accorda n ce with his own discretion for inability to perform the functions of his office or misbehaviour proved to the sat isfaction of the Presid ent; but any such suspension shall not continue in force beyond two months after the beginning of the next ensuing session of Parliament.

Filling of vacancy. 7. (1) If an Ombudsman dies, or resigns from office, or vacates his office or is removed from office, the vacancy thereby created shall be filled in accordance with this article.

(2) If the vacancy in the office of an Ombudsman occurs at any t i m e wh il e Par l iam e n t is in se ssio n , it sh all b e f i ll ed by t h e appointment of the Ombudsman by the President on the recommendation of the House of Representatives in accordance with article 3:
Provided that if the vacancy occurs less than two months before the close of that sessio n and no such recommendation is made in that session, the provisions of subarticle (3) shall apply as if the vacancy had occurred while Parliament was not in session.
(3) If any such vacancy occurs at any time while Parliament is not in session, the President shall appoint an Ombudsman to fill the vacancy, and the person so appointed shall, unless his office sooner
becomes vacant, hold office until an Ombudsman is appointed in accordance with article 3.

8. (1) The President may -

(a) at any time during the illness or absence of the
Ombudsman, or
(b) for any other temporary purpose where the Ombudsman considers it necessary not to conduct an investigation himself because of such circumstances, that were he a judge of the superior courts, he would abstain,
appoint an Ombudsman to hold office in accordance with this article, and such an Ombudsman shall be paid such salary, not exceeding the amount payable to the Ombudsman, as the President thinks fit.
(2) The power conferred by article (1)(b) shall be exercised only on a certificate signed by the Ombudsman to the effect that, in his opinion, it is necessary for the due conduct of the business of the Ombudsman under this Act that an additional Om budsm an should be temporarily appointed.
(3) An Ombudsman appointed under this article on account of the illness or absence of the Ombudsman shall hold office until the resumption of of fi ce of the Ombu dsman, and every other Ombudsman appointed for a temporary purpose shall hold office until he performs the function assigned to him.
(4) (a) A person shall not be qualified to be approved under this article if he is disqualified to be appointed to the Office of Ombudsman under article 4(1).
(b) The provisions of articles 4(2) and (3) shall apply to a person appointed under this article:
Provided that a person appointed under this article may exercise any activity for profit or reward which is not in any way incompatible with the provisions of article 4(3).

Temporary appointment of Ombudsman.

9. (1) Before entering upon the exercise of the duties of his office an Ombudsman shall take an oath that he will faithfully and impartially perform the duties of his office, and that he will not, except in accordance wi th ar ticle 21 , di vul ge any info rmatio n acquired by him under this Act.

(2) The oath shall be administered by the Speaker of the House of Representatives.

Oath of Office.

10. (1) Subject to the provisions of the Constitution and of any o t her enact m ent appl icable theret o, and su bject t o the provisions of this article the Ombudsman may appoint such officers and employees as may be necessary for th e carry in g ou t of th e functions, powers and duties under this Act. This power to appoint includes approval to the numbers of persons that may be appointed under this article whether generally or in respect of any specific duties or classes of duties, their salaries and conditions of

Resources.

appointment.
(2) The Ombudsman may in the conduct of an investigation engage, in a consultative capacity, any person whose particular expertise is essential to the effectiveness of the investigation:
Provided that if the consultant required is a public officer th e Prime Min i st er may, at the request o f the O m bud sm an, designate the public officer to assist.
(3) Subject to the provisions of this article the Ombudsman shall be responsible for approving the level of capital equipment, furnishings, materials, and administrative activities for the carrying out of the functions, powers and duties under this Act.
(4) The finance required for the Ombudsman’s salary and allowances, and for the resources described in subarticles (1), (2) and (3) shall not exceed a maxi mum amount indicated in an Ombudsplan approved by the House of Representatives and shall be a char ge o n the Consolid at ed Fund w ithou t any further appropriation other than this Act:
Provided that the Ombudsman shall present to the House by the l5th day of September of each year, an Ombudsplan which will indicate the ensuing year ’s activities.
(5) The salary, allowances and expenses payable to the Ombudsman shall be at rates equivalent to those applicable to a judge of the superior courts. The salary is not to be diminished during the continuance of the Ombudsman’s appointment.
(6) The officers and employees appointed in accordance with subarticle (1) shall before entering into the exercise of their office or employment take an oath that they will faithfully and impartially perform the duties of their office or employment, and that they will not, except in accordance with article 21, divulge any information acquired by them under this Act. Such oath shall be administered by the Ombudsman.

Audit. Amended by: XVI.1997.8. Cap. 174.

Application of this

Act.

11. The accounts of the office of the Ombudsman shall be audited by the Auditor General and the Financial Administration and Audit Act shall apply.

FUNCTIONS

12. (1) Subject to the provisions of this article, this Act applies to -

(a) the Government, including any government department or other authority of the Government, any Minister or Parliamentary Secretary, any public officer and any member or servant of an authority as aforesaid;
(b) any statutory body, and any partnership or other body in which the Government or any one or more of the said bodies aforesaid or any combination thereof has a controlling interest or over which it has effective control, including any director, member, manager or
other officer of such body or partnership or of its controlling body (hereinafter collectively referred to as organisation); and
(c) local councils and any committee thereof, mayors, councillors and members of staff of all local councils.
(2) This Act applies as aforesaid even when the persons to whom it applies have acted in accordance with recommendations received or after holding consultations according to law or after observing other legal requirements.
(3) (a) This Act does not apply to the persons or bodies listed in Part A of the First Schedule to this Act.
(b) This Act shall not apply to the bodies listed in Part B of the First Schedule to this Act, unless proof to the satisfaction of the Ombudsman is produced showing that all available means of redress have been exhausted.
(4) (a) The Prime Minister may by order in the Gazette amend, vary or substitute the lists in Part A and Part B of the First Schedule to this Act.
(b) No order made under this subarticle shall have effect unless it has received the prior approval of the House of Representatives signified by resolution.

13. (1) Subject to the provisions of this article, it shall be the function of the Ombudsman to investigate any action taken by or on behalf of the Government, or other authority, body or person to whom this Act applies, being action taken in the exercise of their administrative functions.

(2) The Ombudsman may conduct any such investigation on his ini t i a ti ve o r on th e w r i tte n co m p lai n t of an y person hav i n g an i n t e r e st w ho claims to have been ag gri e v e d b y any act i o n as aforesaid, or where the person aggrieved h as died or is for any reason unable to act for himself, of his heir or representative.
(3) Notwithstanding the provision of subarticle (1), the Ombudsman may, if he considers it desirable so to do, decline to exercise his power under this article in any case where adequate means of redress are or have been available to the complainant under any other law:
Provided that the Ombudsman may conduct an investigation if satisfied that in the particular circumstances it is not reasonable to expect the complainant to resort or have resorted to such means of redress.
(4) Without limiting the foregoing provisions of this article, it is hereby declar ed th at any Comm ittee of the House of Representatives may at any time refer to the Om budsman, any petition that is before that Committee for consideration, or any matt er t o wh ich the p e t iti on r e lates. In any such case th e Ombudsman shall, subject to any special direction s of the Committee, investigate the matters so referred, so far as they are within his jurisdiction, and make such report to the Committee as

Functions.

he thinks fit. Nothing in article 17, or article 22, or article 23 of this Act shall apply in respect of any investigation or report made under this subarticle.
(5) The Ombudsman shall not proceed to investigate any complaint on the subject-matter of which proceedings are pending in a court or other tribunal, and shall suspend the investigation if any interested person shall file a demand before any court or other tribunal on the subject-matter of the investigation; provided that an investig ation may be pr oceeded wi th in respect of problems of general interest contained in the complaint.
(6) Subject to the provisions of article 12(3) without limiting the foregoing provisions of this article, the Prime Minister may at any time refer to the Ombudsman for investigation and report any matter, other than a matter which is subject to judicial proceeding, which the Prime Minister considers should be investigated by the Ombu dsman . Wh ere, p u rsuant to t h is su bar ticle, a matter is investigated by th e Ombudsm an, he shall report thereon to the Prime Minister, and may thereafter make such report to Parliament on the matter as he thinks fit.
(7) The Ombudsman shall not conduct an investigation under this Act in respect of such action or matter as is described in the Second Schedule to this Act.
(8) In exercise of his functions the Ombudsman shall not be subject to the direction or control of any other person or authority.

Time limit for complaints.

14. (1) Nothing in article 13 of this Act shall permit the Ombudsman to investigate a complaint on an act which occurred earlier than six months prior to the date on which this Act comes into force.

(2) A complaint shall not be entertained under this Act unless it is mad e n o t lat e r th an si x mo nt hs fr o m t h e d a y on wh ich t h e complainant first had knowledge of the matters complained about; but the Ombudsman may conduct an investigation pursuant to a complaint not made within that period if he considers that there are special circumstances which make it proper to do so.

Rules for Ombudsman’s guidance.

15. (1) The House of Representatives may by resolution from time to time if it thinks fit, make general rules for the guidance of the Ombudsman, in the exercise of his functions under this Act, and may at any time in like manner revoke or vary any such rules.

(2) All rules made under this article shall be printed and published in the Gazette.

Mode of complaint.

Cap. 262.

16. (1) Every complaint to the Ombudsman shall be made in writing or orally. A complaint made orally shall be put in writing as soon as practical.

(2) Notwithstanding any provision in any enactment, where any letter appearing to be written by a person in custody or on a charge or after conviction of any offence, or by any patient of any hospital within the meaning of the Mental Health Act, is addressed to the Ombudsman, it shall be immediately forwarded, unopened, to the
Ombudsman by the person for the time being in charge of the place or institution where the writer of the letter is detained or of which he is a patient. Any letter written by the Ombudsman to a person or patient so described shall be immediately forwarded, unopened, to such person or patient by the person for the time being in charge of the place or institution.

17. (1) If upon a complaint, or in the course of an investigation of a complaint it appears to the Ombudsman that, h a ving regard to all the circumstances of the case, an y investigation, or further investigation is unnecessary, he may refuse to investigate, or investigate further any such complaint.

(2) Without limiting the generality of the powers conferred on the Ombudsman by this Act, the Ombudsman may in his discretion d e cide n o t to i nvestigate, or, as th e case m a y req u ire, n o t t o investigate further a complaint if in his opinion -
(a) the subject-matter of the complaint is trivial; or
(b) the complaint is frivolous or vexatious or is not made in good faith; or
(c) the complainant has not a sufficient personal interest in the subject-matter of the complaint.
(3) In any case where an Ombudsman decides not to investigate or make further investigation of a complaint he shall inform the complainant of that decision, and shall state his reasons therefor.

PROCEEDINGS

18. (1) Before investigating any matter under this Act the Ombudsman shall inform the head of department concerned, or, as the case may require, the chief executive officer of the organisation concerne d, or the mayor of the lo cal council concerne d, of his intention to make the investigation.

(2) Every investigation by the Ombudsman under this Act shall be conducted in private.
(3) The Ombudsman may hear or obtain information from such persons as he thinks fit, and may make such enquiries as he thinks fit. It s h a l l not be necess a ry for the Ombudsma n to hold any hearing, and no person shall be entitled as of right to be heard by the Ombudsman:
Provided that if at any time during the course of an i nvest igation it appear s t o th e O m budsman that t h ere may be sufficient grounds for his making any report or recommendation that may adversely affect any department, organisation, local council or person, he shall give to that department, organisation, local council or person an opportunity to be heard.
(4) In the case of an investigation relating to a department, organisation or local council, the Ombudsman may in his discretion at any time during or after the investigation consult a Minister, head of department, chief executive, mayor or any other person who i s co ncerned in th e matt er of the i nvestigati on, and t h e

Refusal to investigate complaints.

Proceedings.

Ombudsman shall consult any Minister, head of department, chief executive, mayor or any other person who so requests or to whom a recommendation which is the subject of the investigation has been made, after the Ombudsman had made the investigation and before he has formed a final opinion on any of the matters referred to in articles 22(1) and (2).
(5) If, during or after any investigation, the Ombudsman is of the opinion that there is substantial evidence of any significant breach of duty or misconduct on the part of any officer or employee of any department, organisation or local council, he shall refer the matter to the appropriate authority including the Police:
Provided that the Ombudsman may continue further with his investigation after having referred the matter as aforesaid.
(6) Subject to the provisions of this Act and of any rules made thereunder, the Ombudsman may regulate his procedure in such manner as he thinks fit.

Evidence.

Amended by:

L.N. 425 of 2007;

L.N. 105 of 2008.

19. (1) Subject to the provisions of this article and of article

20 of this Act, the Ombudsman may from time to time require any person who in his opinion is able to give any information relating to any matter that is b e i n g in vesti g ated b y the Ombu dsman to
furnish to him any such information, and to produce any documents or papers or things which in the Ombudsman’s opinion relate to any such matter as aforesaid and which may be in the possession or
under the control of that person. This subarticle shall apply whether o r no t th e person is an of ficer, empl oyee, or m e mb er of any department, organisation or local council, and whether or not such
documents, papers, or things are in the custody or under the control of any department, organisation or local council.
(2) The Ombudsman shall have power to summon witnesses an d to adm i n i s t e r an oat h to an y w i t n ess and to an y person concerned in the investigation, and require them to give evidence.
(3) Any person summoned as aforesaid who refuses, or without sufficient cause fails, to attend at the time and place mentioned in the summons, or refuses, without sufficient cause to answer or to answer fully and satisfactorily, to the best of his knowledge and belief all questions put to him by the Ombudsman, or refuses or fails, without sufficient cause, to produce any document he was req u i r ed t o prod uce b y th e O m b u d s m a n shal l be gu il ty o f an offence and shall be liable on convic tion to a fine ( mu lta ) not exceeding one thousand and one hundred and sixty euro (1,160) or to imprisonment not exceeding three months, or to both such fine and imprisonment:
Provided that, without prejudice to the generality of the provisions of subarticle (2), no person giving evidence before the Ombudsman may be compelled to answer any question which tends to expose him to any criminal prosecution, and every such person
shall, in respect of any evidence g i ven by him before the Ombudsman, be entitled to the same privileges to which a witness giving evidence before a court of law is entitled.

20. (1) Where the Prime Minister certifies that the giving of any information or the answering of any question or the production of any thing, paper or other document -

(a) affects the security or defence of Malta or relations or dealings between the Government of Malta and any other Government or any international organisation of States or Governments; or
(b) is likely to damage seriously the national economy; or
(c) involves the disclosure of the deliberations or proceedings of Cabinet or any committee of Cabinet; or
(d) prejudices the investigation or detection of offences,
the Ombudsman shall not require the information or answer to be given or, as the case may be, the thing, paper or other document to be produced.
(2) Subject to the provisions of subarticle (1), the rule of law which auth ori ses or requi res t he wi thho ldi ng o f an y do cum en t, thing, or paper, or the refusal to answer any question, on the ground that the disclosure of the document, thing or paper or the answering of the question would be injurious to the public interest shall not apply in respect of any investigation by or proceedings before the Ombudsman.

Exemptions from disclosure.

21. (1) Information obtained by the Ombudsman and every person holding any office, appointment or designation under the Ombudsman, in the course of or for the purpose of an investigation under this Act, shall not be disclosed except for the purposes of the investigation and of any report to be made thereon under this Act, or for the purpose of any proceedings relating to an offence under this Act, and the Ombudsman and members of his staff shall not be called upon to give evidence in any proceedings, other than such as aforesaid, of matters coming to their knowledge in the course of an investigation under this Act.

(2) Article 133 of the Criminal Code shall apply to and in relation to the Ombudsman and his staff as they apply to or in relation to a public officer or servant referred to in article 133 of the Criminal Code.

PROCEDURE AFTER INVESTIGATION

22. (1) The provisions of this article shall apply in every case w h ere, after makin g any inve sti g ati on under this Act, the Ombudsman is of opinion that the decision, recommendation, act or omission which was the subject-matter of the investigation -

(a) appears to have been contrary to law; or
(b) was unreasonable, unjust, oppressive, or improperly discriminatory, or was in accordance with a law or a practice that is or may be unreasonable, unjust, oppressive, or improperly discriminatory; or
(c) was based wholly or partly on a mistake of law or fact;

Secrecy of information.

Cap. 9.

Procedure after investigation.

or
(d) was wrong.
(2) The provisions of this article shall also apply in any case where t h e Omb udsman is o f op ini o n th at in th e mak i ng of th e decision or recommendation, or in the doing or omission of the act, a discretionary power has been exercised for an improper purpose or on irrelevant grounds or on the taking into account of irrelevant cons iderations, or that, in the cas e of a decision made in the exercise of any discretionary po wer, reasons should ha ve be en given for the decision.
(3) If in any case to which this article applies the Ombudsman is of opinion -
(a) that the matter should be referred to the appropriate authority for further consideration; or
(b) that the omission should be rectified; or
(c) that the decision should be cancelled or varied; or
(d) that any practice on which the decision, recommendation, act, or omission was based should be altered; or
(e) that any law on which the decision, recommendation, act, or omission was based should be reconsidered; or
(f) that reasons should have been given for the decision;
or
(g) that any other steps should be taken,
the Ombudsman shall report his opinion, and his reasons therefor, to the appropriate department, organisation or local council, and may make such recommendations as he thinks fit. In any such case he may request the department, organisation or local council to notify him, within a specified time, of the steps (if any) that it proposes to take to give effect to his recommendations. The Ombudsman shall also, in the case of an investigation send a copy of his report or recommendations to the Minister concerned and to the mayor in the case relating to a local council.
(4) If within a reasonable time after the report is made no action is taken which seems to the Ombudsman to be adequate and appropriate, the Ombudsman, in his discretion, after considering the comments (if any) made by or on behalf of any department, organisation or local council affected, may send a copy of the report and recomm endatio ns to t h e Prime Min i ster, an d may thereafter make such report to the House of Representatives on the matter as he thinks fit.
(5) The Ombudsman shall attach to every report sent under subarticle (4) a copy of any comments made by or on behalf of the department, organisation or local council affected.
(6) Notwithstanding anything in this article, the Ombudsman shall not, in any report made under this Act, make any comment that is adverse to any person unless the person has been given an opportunity to be heard.

23. (1) Where, on any investigation following a complaint, the Ombudsman makes a recommendation under article 22(3) and no action whic h s eems to the Ombuds m an to be adequate a n d ap propr iate is taken thereon w ithin a r e asonable ti me, t h e Ombudsman shall inform the complainant of his recommendation, and may make such comments on the matter as he thinks fit.

(2) The Ombudsman shall in any case inform the complainant, in such manner and at such time as he thinks proper, of the result of the investigation.

Information to complainant.

24. Except on the ground of lack of jurisdiction, no proceeding or recommendation of the Ombudsman may be challenged in any court.

25. (1) No proceedings, civil or criminal, shall lie against the Ombudsman or against any member of his staff for anything he may do or report or say in the course of the exercise or intended exercise of his functions under this Act unless it is shown that he acted in bad faith.

(2) The Ombudsman and such persons as aforesaid, shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his knowledge in the exercise of his functions under this Act.
(3) Anything said or any information supplied or any document, paper or thing produced by any person in the course of any inquiry by or proceedings before the Ombudsman under this Act shall be privileged in th e same mann er as if the in qu ir y or proceedings were proceedings in a court.

MISCELLANEOUS

26. (1) For the purposes of this Act, but subject to the provisions of this article, an Ombudsman may at any time enter any premises occupied by any of the departments or organisations to which this Act applies as specified in article 12, and inspect the premises and, subject to the provisions of articles 19 and 20, carry out therein any investigation that is within his jurisdiction.

(2) Before entering any such premises an Ombudsman shall notify the permanent head of the department or, as the case may require, the principal administrative officer of the organisation by which the premises are occupied.

Proceedings not subject to review.

Proceedings privileged.

Power to enter premises.

27. (1) The Ombudsman may delegate in writing to any person holding any office under him any of his powers under this Act, except this power of delegation.

(2) A delegation of functions under this Act shall be without prejudice to the exercise of those functions by the Ombudsman, and shall be revocable by the Ombudsman at will.

28. (1) No person other than the Ombudsman appointed under this Act, may use the name "Ombudsman" in connection with any busin ess, trade or occupat i on , or the pro v isio n o f an y serv ice, whether for payment or otherwise, or hold himself out to be an

Delegation of functions.

Use of name "Ombudsman". Amended by:

L.N. 425 of 2007; L.N. 105 of 2008.

Ombudsman except with the written consent of the Ombudsman appointed under this Act.
(2) A person who contravenes subarticle (1) shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding two hundred and thirty euro (230).

Reports. 29. (1) The Ombudsman shall annually or as frequently as he may deem expedient report to the House of Representatives on the performance of his functions under this Act to the Speaker who shall instruct the Leader of the House to lay a copy on the Table of the House at the first available opportunity.

(2) The Ombudsman may from time to time in the public int e rest, or i n t h e int e r e st of any person , or department , or organisation publish reports relating generally to the exercise of his functions under this Act, or reports relating to any particular case or cases investigated. Such reports may be published whether or not the matters dealt with in the report have been the subject of a report to the House of Representatives under this Act.

Amended by: XVI. 1997.10.

The President
FIRST SCHEDULE (Article 12) PART A
The House of Representatives
The Cabinet
The Judiciary
Any Tribunal constituted by or under any law
The Commission for the Administration of Justice
The Electoral Commission
The Malta Broadcasting Authority
The Employment Commission
The Permanent Commission against Corruption
The Commission for Investigation of Injustices
The Attorney General in the exercise of the powers referred to in article 91(3) of the Constitution
Any Counsel or Legal Adviser to the Government acting in such a capacity
The Auditor General in respect of the functions under articles
108(5) and (8) 108 of the Constitution
The Armed Forces of Malta except as provided in Part B hereof
The Security Service.

PART B

The Public Service Commission
The Armed Forces o f Malta in respect only of appoi ntments, promotion, pay and pension rights of officers and men of the Force.
SECOND SCHEDULE
(Article 13)
Matters not subject to Investigation
1. Any matter certified by the Prime Minister to affect the internal or external security of Malta.
2. Action taken in matters certified by the Minister responsible for foreign affairs to affect relations or dealings between the Government of Malta and any other Government or any international organisation of States or Governments.
3. Action taken by the Minister responsible for justice under the Extradition Act.
4. The commencement or conduct of civil or criminal proceeding s before any cour t of law or any tribunal in Malta, or of proceed ings in resp ect of military offences under the Malta Ar med Forces Act , or o f proceedi ngs before any international court or tribunal.
5. The exercise of the power of the Prime Minister under article 515 of the Criminal Code.
6. Any criminal investigation by the Police.

Cap. 276.

Cap. 220. Cap. 9.