OMBUDSMAN  g CAP. 385.        1
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) *
Enacted by ACT XXI of 1995, as amended by Act XVI of 1997.
PRELIMINARY 
Short title.
Interpretation.
"Ombudsman" includes, to the extent of any delegation under
section 27 of this Act, a person so delegated;
"action" means any action relating to a matter of administration
and includes failure to act;
"public officer" has the same meaning as is assigned to it by
section 124 of the Constitution;
"statutory body" means any corporation or other body corporate
established by law;
Cap. 363.
Councils Act.
APPOINTMENT 
Appointment of 
Ombudsman.
3. There shall be appointed as an Officer of Parliament a
Commissioner for Administrative Investigations to be called the
Ombudsman, who shall be appointed by the President acting in
accordance with a resolution of the House of Representatives
supported by the votes of not less than two-thirds of all the
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
section.
Disqualification 
and 
incompatibilities.
4. (1) A person shall not be qualified to be appointed to the
office of Ombudsman if he is a member 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
* See  subsection  ( 2 )  of section 1 of the Act as originally enacted, which subsection has
been omitted under the Statute Law Revision Act, 1980, and Legal Notices 102 and
160 of 1995.
  2      CAP. 385. h                   OMBUDSMAN
exercise of any professional, banking, commercial or trade union
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
or memberships which the Ombudsman considers do not 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
other cause) or proved misbehaviour, and the provisions of the
proviso to section 3 of this Act shall also apply for the purpose of
establishing the majority required under this subsection.
(2) At any time when Parliament is not in session, an
Ombudsman may be suspended from his office by the President
acting in accordance with his own discretion for inability to
perform the functions of his office or misbehaviour proved to the
satisfaction of the President; 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 section.
(2) If the vacancy in the office of an Ombudsman occurs at any
time while Parliament is in session, it shall be filled by the
appointment of the Ombudsman by the President on the
recommendation of the House of Representatives in accordance
with section 3 of this Act:
Provided that if the vacancy occurs less than two months
before the close of that session and no such recommendation is
made in that session, the provisions of subsection (3) of this section
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
OMBUDSMAN  g CAP. 385.        3
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 section 3 of this Act.
Temporary 
appointment of 
Ombudsman.
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
section, 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 paragraph   ( b )   of subsection (1) of
this section 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 Ombudsman should be temporarily appointed.
(3) An Ombudsman appointed under this section on account of
the illness or absence of the Ombudsman shall hold office until the
resumption of office of the Ombudsman, 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 section if he is disqualified to be appointed to the
Office of Ombudsman under subsection (1) of section
4 of this Act.
( b ) The provisions of subsections (2) and (3) of section 4
of this Act shall apply to a person appointed under this
section:
Provided that a person appointed under this section may
exercise any activity for profit or reward which is not in any way
incompatible with the provisions of subsection (3) of section 4 of
this Act.
Oath of Office.
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 with section 21 of this Act, divulge any
information acquired by him under this Act.
(2) The oath shall be administered by the Speaker of the House
of Representatives.
Resources.
any other enactment applicable thereto, and subject to the
provisions of this section the Ombudsman may appoint such
  4      CAP. 385. h                   OMBUDSMAN
officers and employees as may be necessary for the carrying out of
the functions, powers and duties under this Act. This power to
appoint includes approval to the numbers of persons that may be
appointed under this section whether generally or in respect of any
specific duties or classes of duties, their salaries and conditions of
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
the Prime Minister may, at the request of the Ombudsman,
designate the public officer to assist.
(3) Subject to the provisions of this section 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 subsections (1), (2)
and (3) of this section shall not exceed a maximum amount
indicated in an Ombudsplan approved by the House of
Representatives and shall be a charge on the Consolidated Fund
without 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
subsection (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 section 21 of this Act, 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.
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 
Application of this 
Act.
12. (1) Subject to the provisions of this section, 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;
OMBUDSMAN  g CAP. 385.        5
( 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 subsection shall have effect
unless it has received the prior approval of the House
of Representatives signified by resolution.
Functions.
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
initiative or on the written complaint of any person having an
interest who claims to have been aggrieved by any action as
aforesaid, or where the person aggrieved has died or is for any
reason unable to act for himself, of his heir or representative.
(3) Notwithstanding the provision of subsection (1) of this
section, the Ombudsman may, if he considers it desirable so to do,
decline to exercise his power under this section 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 section, it
is hereby declared that any Committee of the House of
Representatives may at any time refer to the Ombudsman, any
  6      CAP. 385. h                   OMBUDSMAN
petition that is before that Committee for consideration, or any
matter to which the petition relates. In any such case the
Ombudsman shall, subject to any special directions of the
Committee, investigate the matters so referred, so far as they are
within his jurisdiction, and make such report to the Committee as
he thinks fit. Nothing in section 17, or section 22, or section 23 of
this Act shall apply in respect of any investigation or report made
under this subsection.
(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
investigation may be proceeded with in respect of problems of
general interest contained in the complaint.
(6) Subject to the provisions of subsection (3) of section 12 and
without limiting the foregoing provisions of this section, 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 Ombudsman. Where, pursuant to this
subsection, a matter is investigated by the Ombudsman, 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 section 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 made not later than six months from the day on which the
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 section shall be printed and
published in the Gazette.
Mode of 
complaint.
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.
OMBUDSMAN  g CAP. 385.        7
Cap. 262.
(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.
Refusal to 
investigate 
complaints.
17. (1) If upon a complaint, or in the course of an
investigation of a complaint it appears to the Ombudsman that,
having regard to all the circumstances of the case, any
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
decide not to investigate, or, as the case may require, not to
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 
Proceedings.
Ombudsman shall inform the head of department concerned, or, as
the case may require, the chief executive officer of the organisation
concerned, or the mayor of the local council concerned, 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 shall not be necessary for the Ombudsman 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
investigation it appears to the Ombudsman that there 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.
  8      CAP. 385. h                   OMBUDSMAN
(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 is concerned in the matter of the investigation, and the
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
subsections (1) and (2) of section 22 of this Act.
(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. 19. (1) Subject to the provisions of this section and of section
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 being investigated by the Ombudsman 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 subsection shall apply
whether or not the person is an officer, employee, or member 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
and to administer an oath to any witness and to any 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
required to produce by the Ombudsman shall be guilty of an
offence and shall be liable on conviction to a fine ( multa ) not
exceeding five hundred liri 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 subsection (2) of this section, no person giving
evidence before the Ombudsman may be compelled to answer any
question which tends to expose him to any criminal prosecution,
OMBUDSMAN  g CAP. 385.        9
and every such person shall, in respect of any evidence given by
him before the Ombudsman, be entitled to the same privileges to
which a witness giving evidence before a court of law is entitled.
Exemptions from 
disclosure.
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 subsection (1) of this section,
the rule of law which authorises or requires the withholding of any
document, 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.
Secrecy of 
information.
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.
Cap. 9.
relation to the Ombudsman and his staff as they apply to or in
relation to a public officer or servant referred to in section 133 of
the Criminal Code.
PROCEDURE AFTER INVESTIGATION
Procedure after 
investigation.
22. (1) The provisions of this section shall apply in every case
where, after making any investigation 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
  10      CAP. 385. h                   OMBUDSMAN
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;
or
( d ) was wrong.
(2) The provisions of this section shall also apply in any case
where the Ombudsman is of opinion that in the making of the
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
considerations, or that, in the case of a decision made in the
exercise of any discretionary power, reasons should have been
given for the decision.
(3) If in any case to which this section 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 recommendations to the Prime Minister, and 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
subsection (4) of this section a copy of any comments made by or
on behalf of the department, organisation or local council affected.
OMBUDSMAN  g CAP. 385.        11
(6) Notwithstanding anything in this section, 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.
Information to 
complainant.
23. (1) Where, on any investigation following a complaint, the
Ombudsman makes a recommendation under subsection (3) of
section 22 of this Act and no action which seems to the
Ombudsman to be adequate and appropriate is taken thereon within
a reasonable time, the 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.
Proceedings not 
subject to review.
24. Except on the ground of lack of jurisdiction, no proceeding
or recommendation of the Ombudsman may be challenged in any
court.
Proceedings 
privileged.
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 the same manner as if the inquiry or
proceedings were proceedings in a court.
MISCELLANEOUS 
Power to enter 
premises.
26. (1) For the purposes of this Act, but subject to the
provisions of this section, 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 section 12, and inspect the
premises and, subject to the provisions of sections 19 and 20 of this
Act, 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.
Delegation of 
functions.
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.
  12      CAP. 385. h                   OMBUDSMAN
(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.
Use of name 
"Ombudsman".
28. (1) No person other than the Ombudsman appointed under
this Act, may use the name "Ombudsman" in connection with any
business, trade or occupation, or the provision of any service,
whether for payment or otherwise, or hold himself out to be an
Ombudsman except with the written consent of the Ombudsman
appointed under this Act.
(2) A person who contravenes subsection (1) of this section
shall be guilty of an offence and shall on conviction be liable to a
fine ( multa ) not exceeding one hundred liri.
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
interest, or in the interest 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.
FIRST SCHEDULE
 (Section 12)
PART A 
The President
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
subsection (3) of section 91 of the Constitution
OMBUDSMAN  g CAP. 385.        13
Any Counsel or Legal Adviser to the Government acting in such
a capacity
The Auditor General in respect of the functions under
subsections (5) and (8) of section 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 of Malta in respect only of appointments,
promotion, pay and pension rights of officers and men of the
Force.
 SECOND SCHEDULE
(Section 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.
Cap. 276.
3. Action taken by the Minister responsible for justice under
the Extradition Act.
Cap. 220.
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.
Cap. 9.
5. The exercise of the power of the Prime Minister under
section 515 of the Criminal Code.
6. Any criminal investigation by the Police.
