[ S.L.390.03 PERITI WARRANT 1 SUBSIDIARY LEGISLATION 390.03 PERITI WARRANT REGULATIONS* 13th October, 2000 LEGAL NOTICE 210 of 2000, as amended by Legal Notices 257 of 2000, and 106, 319 of 2010 and 71 of
- The title of these regulations is the Periti Warrant Regulations.
- In these regulations, unless the context otherwise requires - "Act" means the Periti Act; "Board" means the Bord tal-Warrant tal-Periti, established by article 6 of the Act; Citation. Substituted by: L.N. 106 of
- Definitions. Amended by: L.N. 106 of 2010; L.N. 319 of 2010; L.N. 71 of
- Cap.
- "Experience Record Book" means the log-book provided to candidates applying for a warrant in which is recorded the time and type of experience they have undertaken; "lifelong learning" means all general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting in an improvement in knowledge, skills and competences, which may include professional ethics; "supervision" has the same meaning as is assigned to it in article 3
(2)(d)(ii) of the Act; "warrant" and "warrant holder" have the same meaning as is assigned to them in article 5 of the Act. 2A.
(1)The Board shall acknowledge the receipt of every application as soon as possible and in any case not later than fifteen days from date of the receipt of the application: Provided that applications for a warrant may also be submitted by electronic means on a form approved by the Board.
(2)In the event that for any reason, the application for the issue of a warrant is incomplete, the Board shall inform the applicant and ask him to submit all the additional documentation necessary for the application to be processed, together with the consequences which ensue, should the applicant delay in providing the said documentation.
(3)If an application for the issue of a warrant is rejected, be c a u s e i t f a i ls t o co m p ly wi t h t he r e q u ir e d pr o c e d u re s or formalities, the Board shall, as soon as possible, inform the applicant in writing, stating the reasons for its decision. *Repealed by Article 30 of Act XIII of 2021 (Cap. 622). Processing of applications. Added by: L.N. 106 of 2010. 2 [ S.L.390.03 Time for processing of application. Added by: L.N. 106 of 2010. PERITI WARRANT 2B.
(1)The Board shall complete the procedure for examining the application for the issue of a warrant as early as possible. The Board shall give its reasoned decision within three months from the date on which the complete application is received and all the additional documentation requested is submitted to it.
(2)The Board may extend the original period of three months referred to in sub-regulation
(1), once only, for a further period of one month.
(3)In providing for an extension, the Board shall give reasons for the extension and shall notify the applicant of the extension and of the said reasons prior to the expiry of the original period of three months.
(4)In the event that the Board does not give its decision on the application for the issue of a warrant within the period stipulated in sub-regulations
(1)and
(2), this shall not imply tacit approval of the application, in that it shall be deemed as refused on grounds of public interest. Contents of acknowledgement. Added by: L.N. 106 of 2010. 2C. The acknowledgement referred to in regulation 2A shall specify: (
- a)the time period within which the application shall be processed; (
- b)the available means of redress; and (
- c)a statement that in the absence of a response within the specified time period, the authorisation shall not be deemed to have been granted. Appeal. Added by: L.N. 106 of 2010. Cap. 490 2D.
(1)Decisions of the Board shall be subject to appeal before the Administrative Review Tribunal, established by article 5
(1)of the Administrative Justice Act. Cap. 490.
(2)Unless otherwise provided by the Administrative Justice Act or any regulations made thereunder, an appeal from the decision of the Board shall be made by application and shall be filed in the Registry of the Administrative Review Tribunal within twenty days from the date on which said decision has been notified to the applicant. Temporary provision of services. Added by: L.N. 106 of 2010. Amended by: L.N. 71 of 2017. Cap. 451 Cap. 390 2E.
(1)Without prejudice to the Mutual Recognition Qualifications Act, and notwithstanding the provisions of articles 3 and 4 of the Periti Act, any person established in another Member State may practise the profession in Malta on a temporary and occasional basis subject to further requirements as may be provided under these regulations, provided that such person: (
- a)is legally established in another Member State for the purpose of pursuing the profession in that Member State; and (
- b)has pursued the profession for at least one year during the ten years immediately preceding the provision of services where the profession is not regulated in that Member State. PERITI WARRANT [ S.L.390.03
(2)Persons referred to in sub-regulation
(1)shall inform the Board by means of a written declaration to be made in advance which shall include the following: (
- a)the details of an insurance cover or other means of personal or collective protection relative to professional liability. Such declaration shall be made once a year if the applicant intends to provide temporary or occasional services during the year; (
- b)proof of the nationality of the applicant; (
- c)an attestation certifying that the warrant holder is legally established in a Member State for the purpose of pursuing the activities concerned and that he is not prohibited from practising the profession even temporarily, at the moment of delivering the attestations; (
- d)evidence of professional and academic qualifications; and (
- e)where applicable, any means of proof that the applicant has pursued the profession for at least one year during the previous ten years immediately preceding the provision of services.
(3)Where the Board, in exercising its authority under this regulation, deems that there is a substantial difference between the professional qualifications of the applicant and the academic qualifications required under article 3
(2)(d)(i) of the Periti Act, to the extent that the difference is such as to be harmful to public health or safety, and that it cannot be compensated by the applicant’s professional experience or knowledge, skills and competences acquired through lifelong learning formally validated to that end by a relevant body, the Board shall give the applicant the opportunity to show, in particular by means of an aptitude test, that he has acquired the knowledge or competence which he lacks.
(4)The Board shall assess whether a provider is exercising his freedom to provide services within the meaning of this regulation and Article 49 of the Treaty establishing the European Community, or is an establishment case, on a case-by-case basis and in conformity with Community law and rulings of the European Court of Justice.
(5)No later than one month after receipt of the declaration and accompanying documents, referred to in sub-regulation
(2), the Board shall inform the applicant of its decision: (
- a)not to check his professional qualifications; or (
- b)having checked his professional qualifications, to either require the applicant to take an aptitude test or to allow the provision of services. Where there is a difficulty which would result in delay in taking a decision under paragraph (b), the Board shall notify the applicant of the reason for the delay within the same deadline. The difficulty shall be solved within one month of that notification and the Cap. 390. 3 4 [ S.L.390.03 PERITI WARRANT decision finalised within two months of resolution of the difficulty. In the absence of a decision by the Board within the said deadlines, the services falling under this regulation may be provided. Cap. 390.
(6)A person exercising the profession under this regulation shall be deemed to be a warrant holder and the provisions of the Periti Act, and of any other law shall apply to him in the same manner and to the same extent as with any other warrant holder. Training period. Substituted by: L.N. 319 of
- An applicant for a warrant shall be deemed to have satisfied the requirement for supervised practised training if it can be shown that the specified minimum number of hours have been engaged in the specified activities defined in the Experience Record Book, subject to the minimum period of practical training provided for in article 3
(2)(d)(ii) of the Act under the supervision of a warranted Perit, who has held the warrant for a minimum of five years. Experience Record Book. Substituted by: L.N. 319 of 2010. 4.
(1)Every applicant for a warrant shall submit an Experience Record Book to be attached to his letter of application.
(2)The Experience Record Book shall be made available to applicants from the offices of the Board or via electronic means.
(3)The information in the Experience Record Book shall be provided by the applicant and endorsed by the supervising warrant holders so as to evidence the completeness of the practical training.
(4)The Experience Record Book shall be considered as a public document. Oral examination. Amended by: L.N. 319 of 2010. 5.
(1)An applicant for the grant of a warrant shall sit for an oral examination before the Board or a committee appointed for this purpose by the said Board in terms of article 7
(2)of the Act.
(2)This oral examination shall include questions relating to the information contained in the Experience Record Book with respect to the experience acquired by the applicant, both in the design and in the supervision of works, and may include questions related to procedures and building techniques used in Malta, as well as the a p p l i c a n t ’s k n o w l e d g e o f p l a n n i n g i s s u e s , p r o c e d u r e s a n d regulations, professional ethics and other aspects of the applicant’s professional practice. Interview of supervising warrant holder. Amended by: L.N. 319 of 2010. 6.
(1)The Board, or the committee appointed in terms of regulation 5
(1), shall in any event have the right to interview the supervising warrant holder on any matter reported in the Experience Record Book referred to in regulation 4
(2).
(2)Failure of the supervising warrant holder to attend such interview, or failure of the said supervising warrant holder to satisfy the Board on any matter mentioned in the Experience Record Book, may lead to a refusal by the Board of any application for the issue of a warrant. Re-application for the issue of a warrant.
- In the event that for any reason an application for the issue of a warrant shall have been refused by the Board, the applicant may re-apply for the issue of a warrant not earlier than such time as PERITI WARRANT [ S.L.390.03 5 shall have been stipulated by the Board in the applicant’s regard, which time shall in no case exceed the period of training established by law in respect of such applicant.
- The Board shall keep a brief record of the proceedings of any examination. Record to be kept.
- An applicant for the warrant who is to sit for the said oral examination may opt that the examination be held either in the Maltese or in the English language. Language of the examination. 10.
(1)These regulations shall not apply to applicants who have obtained the academic qualifications referred to in regulation 3 prior to the 1st January, 2000. Non-applicability of regulations. Amended by: L.N. 257 of 2000; L.N. 106 of 2010.
(2)Applicants referred to in sub-regulation
(1)shall be deemed to satisfy the provisions of article 3
(2)(d)(ii) of the Periti Act if for the p eriod th erein referred to, he shal l hav e trai ned w ith a practising warrant holder and a certificate by the warrant holder or warrant holders with whom such training is undertaken, to the effect that the applicant has so trained, shall be sufficient proof of such training. Cap. 390.