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The Members Of Parliament (Public Employment) Act (Act No. Xi Of 2004)

Members of Parliament (Public Employment) Act

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives in this present Parliament assembled, and by the authority of the same, as follows>-
1. This Act may be cited as the Members of Parliament (Public
Employment) Act, 2004.
2. In this Act unless the context otherwise requires>-
(a) “Constitution” means the Constitution of Malta<
(b) “disciplined force” has the same meaning as is assigned to it by sub-article (1) of article 47 of the Constitution<
(c) “House” means the House of Representatives<
(d) “public office”, “public officer” and “public service” shall have the same meaning as is assigned to them by article 124 of the Constitution.
3. (1) Subject to the provisions of article 4 of this Act, for the purposes of paragraph (b) of subarticle (1) of article 54 of the Constitution, it is hereby provided that a public officer, whose office, substantive or otherwise, in the Public Service is not on a salary scale which is higher than salary scale 6, or such other salary scale as the

Short title.

Interpretation.

Qualification of Public officers to be elected as members of the House.

A 630

Members of a

Disciplined Force.

House may by Resolution from time to time determine, shall be qualified to be elected as a member of the House.
(2) Subject to the provisions of subarticle (3) a public officer who is elected as member of the House shall enjoy such rights, and be subject to such obligations and conditions, as any other public officer in the same grade or position< so however that such member shall be allowed to attend to his duties in the House.
(3) Where it appears to the Prime Minister to be necessary in the public interest, he may by Order published in the Gazette make special rules under this Act barring public officers who are elected to the House from serving in particular departments or offices or from performing particular duties, and such public officers shall be reassigned elsewhere or excused from those duties as specified by that Order.
4. The provisions of this Act shall not apply to any member of a disciplined force.
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Passed by the House of Representatives at Sitting No. 163 of the 27th July,
2004.
ANTON TABONE

Speaker

RICHARD J. CAUCHI

Clerk to the House of Representatives