Second Schedule — OMBUDSMAN ACT

OMBUDSMAN

(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

proceedings before any court of law or any tribunal in

Malta, or of proceedings in respect of military offences

under the Malta Armed Forces Act, or of proceedings

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.

Saving and transitory provision in Act XVII of 2010

6. (1) All persons appointed to an office the appointment whereof

has been made in terms of any law amended by this Act (Act XVII of

2010) shall continue to carry out their lawful duties in terms of their

respective appointment until such time as their appointment is confirmed,

extended, revoked or terminated in terms of the provisions of the law (as

amended by this Act) establishing their respective office.

(2)

All complaints pending before those persons who were

competent, prior to the coming into force of this Act, to investigate those

complaints shall, subject to the provisions of sub-article (1) of this article,

continue to be investigated by those persons who have been hitherto

appointed under any law amended by this Act to investigate such

complaints; and the Prime Minister may, after consultation with the

Ombudsman, establish different dates for the entry into force of different

provisions of this Act with regard to the different persons referred to in

sub-article (1) of this article.

(3)

Nothing in the preceding provisions of this article shall invalidate

any procedure whether written or oral which may have taken place before

the coming into force of this Act and which was valid according to the law

in force at the time it took place.

(4)

Without prejudice to the generality of the foregoing provisions of

this article, when a new office of Commissioner is established in terms of

the Ombudsman Act the Commissioner appointed to that office shall take

cognizance of those complaints pending before the Ombudsman which the

Ombudsman may assign to such Commissioner; and the said

Commissioner shall continue to investigate those complaints irrespective

of the stage of investigation those complaints might have reached.

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