[ S.L.409.12 TOURIST GUIDES 1 SUBSIDIARY LEGISLATION 409.12 TOURIST GUIDES REGULATIONS 14th May, 2010 LEGAL NOTICE 288 of 2010, as amended by Legal Notices 426 of 2012, 161 of 2013 and 270 of
- The title of these regulations is the Tourist Guides Regulations.
- In these regulations, unless the context otherwise requires - "Act" means the Malta Travel and Tourism Services Act; Citation. Interpretation. Cap.
- "the Authority", "organised excursion", "organised excursion operator" and "tourist guide" have the same meaning as given to them in the Act; "identity document" means the identity document issued by the Authority in terms of regulation 6; "operator" means organised excursion operator; "register of tourist guides" means the register kept by the Authority in terms of regulation 3; "special designated location" means any one of the places shown in the Second Schedule; "temporary service provider" means any person, other than a licence holder, seeking to act or provide services as a tourist guide on a temporary and occasional basis in Malta. 3.
(1)No person shall act or provide services as a tourist guide, or use the title "tourist guide" unless he is licensed or recognised to be licensed as such by the Authority in terms of these regulations.
(2)The Authority shall keep a register of persons who are licensed, or otherwise legally allowed to act as tourist guides. Such register shall be made public by the Authority.
(3)Any person who, to the satisfaction of the Authority (
- a)possesses any relevant qualification to act as tourist guide in Malta; or (
- b)demonstrates that he has the practical and theoretical competencies and experience deemed and recognised to be equivalent to paragraph (
- a)by the Authority; (
- c)is at least eighteen years of age; and (
- d)is of a good character standing and is a fit and proper person to act as a tourist guide, shall be entitled to be licensed as a tourist guide and be enrolled in the said register of tourist guides: Provided that access to and pursuit of the profession, as described in sub-regulation
(1), shall also be granted to applicants Licence to act as a tourist guide. Amended by: L.N. 426 of 2012; L.N. 161 of 2013; L.N. 270 of 2016. 2 [ S.L.409.12 TOURIST GUIDES who have pursued the profession referred to in that sub-regulation on a full-time basis for one year during the previous ten years in another Member State which does not regulate that profession, provided they possess one or more attestations of competence or documents providing evidence of formal qualifications.
(4)An application for a licence to act as a tourist guide shall be made to the Authority and shall be accompanied by: (
- a)a copy of the applicant’s legally valid identification document or passport; (
- b)a recent certificate of conduct of the applicant; (
- c)a certificate or diploma proving successful completion of a qualification programme for tourist guides at least at Level 5 of the National Qualifications Framework attained from a training institution recognised by the Authority, provided that, for the purposes of subregulation
(7), this regulation shall come into force within six months of the publication of these regulations *, or equivalent; or (
- d)proof of competence equivalent to the successful completion of a training programme under paragraph (c), attested by a pass in practical and theoretical assessments, which shall be written and oral and being set for the purpose by the Authority, or by any other person on its behalf, from time to time: Provided that where the Authority considers that the equivalence of the qualification certificate or diploma required under paragraph (
- c)is only partial, it shall be possible for the applicant to prove his competence in the areas where it is deemed to be lacking by means of any assessment set by the Authority under paragraph (d); (
- e)an application fee of twenty-five euro payable to the Authority.
(5)Any person who, on the coming into force of these regulations, holds a valid licence issued by the Authority to act as a tourist guide shall be deemed to be licensed for the purposes of this regulation.
(6)A licence issued or recognised as valid under this regulation shall remain valid for two years from the date of issue and shall be renewed by the Authority subject to the Authority’s satisfaction of the continued compliance with these regulations by the licence holder.
(7)For the purposes of sub-regulation
(4)(c), and with the aim of enhancing the quality of tourist guiding services in Malta in line with Government policy, the Authority may, in consultation with the Minister, require that the level of training for tourist guides to be recognised by the Authority for the purposes of attaining a licence by applicants in terms of this regulation, be of a higher *refers to Legal Notice 161 of 2013, published om 21st June, 2013. TOURIST GUIDES [ S.L.409.12 3 level: Provided that such requirement shall be published in the Gazette at least six months before it becomes applicable.
(8)Licenced tourist guides shall be required by the Authority to undergo continued professional development training during their licence term. Licence renewal.
(9)The Authority shall from time to time establish what training courses, content and number of hours shall qualify as continued professional development training for the purpose of sub-regulation
(8).
(10)The Authority may, from time to time, organise such courses, seminars or other activities, for the continuing professional development of tourist guides.
(11)The Authority may suspend the licence of tourist guides who fail to undergo the continued professional development training in terms of sub-regulation
(8). 4.
(1)No person shall act as a tourist guide in special designated locations unless he is licenced in terms of regulation 3 and he is in possession of a specific licence issued by the Authority to act as a tourist guide in special designated locations in terms of this regulation. Licence of tourist guides for special designated locations. Amended by: L.N. 161 of 2013.
(2)A person shall qualify for a licence to act as a tourist guide in special designated locations in terms of this regulation if he demonstrates, to the satisfaction of the Authority, that he possesses specific skills and knowledge on the cultural and natural heritage as well as the environment of the relevant specific designated location or locations for which the application is being made.
(3)For the purposes of sub-regulation
(2), the Authority shall consider the level of outcome attained by the applicant in the certificate or diploma referred to under regulation 3
(4)(c) or in the assessments referred to in regulation 3
(4)(d), or their equivalent, in the parts that are relevant to any specific designated location for which a specific licence is being applied for in terms of this regulation.
(4)Any person who, on the coming into force of these regulations, is licensed as a tourist guide for any or all special designated locations by the Authority, shall be deemed to be licensed as a tourist guide under these regulations for the special designated locations to which the licence was given.
(5)A licence issued under this regulation may either be in relation to all special designated locations or to any or more of them.
(6)A licence issued under this regulation shall be in the form set out in the First Schedule and shall be valid for two years from the date of issue and shall be renewed by the Authority subject to the continued compliance with these regulations. 5.
(1)An application for a licence under these regulations shall be made to the Authority on the forms provided by the Licensing procedures. 4 [ S.L.409.12 TOURIST GUIDES Authority for the purpose.
(2)The Authority shall, without delay, acknowledge receipt of an application for a licence to the applicant and shall specify: (a) the periods mentioned in sub-regulations
(3)and
(4)within which the Authority shall determine the outcome of the application; S.L. 409.05 (
- b)the procedure under which a refusal by the Authority to issue a licence to the applicant may be appealed by the latter in terms of the provisions of the Third Schedule to the Act, on payment of the fee set out in the Fees (Tourism) Regulations; (
- c)that the applicant shall be deemed to be licensed in the event the Authority does not determine an application within the periods mentioned in sub-regulations
(4)and
(5).
(3)In case of an incomplete application, the Authority shall, without delay, inform the applicant of the need to supply any additional information or documentation, and that the Authority shall not commence processing the application unless the Authority receives a complete application form: Provided that an application shall not be deemed to be complete unless the Authority has received all the documentation required to be submitted under regulation 3 or regulation 4 together with the required completed application form.
(4)The Authority shall determine whether to issue a licence to an applicant within sixty days from the date of receipt of a complete application.
(5)The period mentioned in sub-regulation
(4)may, prior to its expiry, be extended by the Authority for one period of not more than thirty days. Such extension and the reasons thereof shall be notified to the applicant without delay.
(6)In the event that the Authority has not determined an application on the expiration of the period referred to in subregulation
(4), or on the expiration of the extended period mentioned in sub-regulation
(5), the applicant shall be deemed to be licensed. Identity document. 6.
(1)The Authority shall issue an identity document to a tourist guide licensed under these regulations. The identity document shall contain a photograph of the tourist guide and such other information as the Authority may deem necessary. This shall include, inter alia, his name, registration number, term of validity, and the special designated locations for which the tourist guide is licensed.
(2)The identity document shall remain the property of the Authority and shall be returned to the Authority on the suspension or revocation of a licence issued under these regulations.
(3)A tourist guide shall, at all times, while guiding or conducting an organised excursion, wear the identity document in a TOURIST GUIDES [ S.L.409.12 5 conspicuous manner.
(4)Any person making use of any identity document issued to another person, or who fails to return the identification document when so requested by the Authority, shall be guilty of an offence against these regulations. 7.
(1)A temporary services provider shall not be prohibited from providing tourist guiding services on a temporary and occasional basis in Malta, insofar as the temporary service provider: (
- a)is legally established in any Member State for the purposes of providing tourist guiding services: Provided that where the provision of tourist guiding services, or the practical and theoretical training leading to the qualification as a tourist guide is not regulated in the Member State where he is legally established, the temporary service provider shall not be prohibited from providing temporary and occasional services in Malta as a tourist guide if he has provided such services in the Member State where he is legally established for at least one year during the ten years preceding the provision of same services on a temporary and occasional basis in Malta; (
- b)has the necessary knowledge of the language or languages necessary for providing tourist guiding services in Malta; and (
- c)has submitted to the Authority a written declaration and the documentation provided for in sub-regulations
(3)and
(4).
(2)The determination of whether tourist guiding services are being provided on a temporary and occasional basis in Malta shall be assessed by the Authority on a case by case basis, taking into account all relevant circumstances, including but not limited to, f r e q u e n c y, r e g u l a r i t y, a n d c o n t i n u i t y, i n c o n f o r m i t y w i t h Community law.
(3)A temporary service provider shall, prior to the date of commencement of the provision of tourist guiding services in Malta on a temporary and occasional basis, submit to the Authority a written declaration in such a form established by the Authority for the purpose, setting out the following information: (
- a)the full name of the temporary service provider; (
- b)the full legal address of the temporary services provider; (
- c)if applicable, the name and details of the national or regional register in which the service provider is enrolled, his registration number, or any equivalent means of identification contained in that register; (
- d)the details of any professional association or similar body with which the temporary service provider is registered or is a member thereof; and Provision of tourist guiding services on a temporary and occasional basis. Amended by: L.N. 161 of 2013; L.N. 270 of 2016. 6 [ S.L.409.12 TOURIST GUIDES (
- e)the professional title or designation used, or in the event that such title or designation does not exist, the formal qualification of the temporary service provider which entitles him to act as a tourist guide in the Member State of his establishment, and the Member State in which it was awarded.
(4)In addition to the written declaration mentioned in subregulation
(3), the temporary service provider shall submit to the Authority the following documents: (
- a)evidence of his nationality; (
- b)an attestation from the relevant competent authority in the Member State of his establishment that he is legally established in that Member State for the purposes of pursuing tourist guiding services and that he is not prohibited, even temporarily from providing such services; (
- c)in the situation mentioned in the proviso to regulation 7
(1)(a), evidence that the temporary service provider has provided tourist guiding services for at least one year during the previous ten years; (d) evidence of the formal qualification which entitles him to act as a tourist guide in the Member State of his establishment.
(5)Where, due to a material change in the status of the temporary service provider, the written declaration and the documents submitted with the declaration to the Authority no longer effect such status, the temporary service provider shall submit to the Authority an updated written declaration or the documents reflecting such change in status within fifteen days from the date when such change occurred.
(6)Where a temporary service provider wishes to provide tourist guiding services in the calendar year immediately following the year in which the written declaration has been filed or re-filed, as the case may be, such written declaration shall be renewed by the temporary service provider: Provided that, in any case, a new written declaration shall be submitted prior to the commencement of the provision of tourist guiding services in Malta in that particular year.
(7)(
- a)A temporary service provider shall, when providing tourist guide services in Malta on a temporary and occasional basis, be entitled to use the professional title or designation, and wear such identification as if he was providing services in the Member State in which he is legally established. The identity document shall include the name and address of the relevant licencing authority. (
- b)The professional title or designation shall be indicated in the official language or one of the official languages of the Member State where the temporary service provider is legally established. TOURIST GUIDES [ S.L.409.12 7 (
- c)Where no professional title or designation is used in the Member State in which the temporary service provider is legally established, he shall indicate his formal qualification in the official language or one of the official languages of that Member State.
(8)The Authority shall enter the name and title of temporary service providers who have made written declarations to the Authority to provide tourist guiding services in Malta during any current year, in terms of this regulation in a section of the register referred to in regulation 3 designated for the purpose.
(9)Submission of the required declaration by a temporary service provider in accordance with sub-regulation
(3)shall entitle that temporary service provider to have access to provide tourist guiding services in the entire territory of Malta.
(10)The Authority shall ensure that any controls on the language competency of a temporary service provider are limited to the knowledge of one official language of Malta, and only carried out after recognition of the professional qualifications of the temporary service provider. Controls may be imposed by the Authority in cases where there is a serious and concrete doubt about the sufficiency of the temporary service provider’s language knowledge in respect of the tourist guiding services the temporary service provider intends to pursue. Any language controls shall be proportionate to the activity to be pursued, and shall be subject to appeal in accordance with the provisions of the Third Schedule to the Act, on payment of the fee set out in the Fees (Tourism) Regulations. 8.
(1)It shall be the duty of a tourist guide to conduct or guide an organised excursion in a professional manner. S.L. 409.05 Responsibility of the tourist guide.
(2)An organised excursion shall be conducted in accordance with the itinerary set by the operator. A tourist guide may, in exceptional circumstances and for a valid reason, vary the itinerary.
(3)A tourist guide shall, except when free time is allowed, accompany the organised excursion at all times.
(4)The Authority may, in consultation with the recognised professional body or bodies representing tourist guides, establish co des o f condu ct or any other cod es in order to ensure t he advancement of quality of services offered by tourist guides. 9.
(1)Operators shall provide tourist guides with: (
- a)free transportation on the vehicle or boat being used for the conduct of the organised excursion; (
- b)a free meal when conducting a whole day organised excursion or an allowance to be agreed upon when lunch is not included in the full day tour; (
- c)free entry to places of interest during the organised excursion.
(2)Operators shall, as far as practicable, make arrangements for a tourist guide to be called for and left in the vicinity of his Facilities to tourist guides. 8 [ S.L.409.12 TOURIST GUIDES residence at the commencement and termination of an organised excursion. Maximum number of persons to be guided. 10.
(1)Unless having a special permission in writing from the Authority, no tourist guide shall be in charge of a party of more than fifty-two persons.
(2)When an organised excursion is undertaken by coach, boat or other vehicle (
- a)only one tourist guide shall be required for each coach, boat or other vehicle; and (
- b)no tourist guide shall be in charge of more than one coach, boat or other vehicle or of more persons than permitted for an organised excursion undertaken by such coach, boat or other vehicle. Duration of organised excursion. 11. An operator shall engage the services of a tourist guide for any of the following excursions: (
- a)a half-day excursion not exceeding four hours; (
- b)a whole day excursion not exceeding eight hours (inclusive of the time allowed for lunch); (
- c)a night excursion not exceeding five hours; or (
- d)an excursion from Malta to Gozo, or vice-versa, not exceeding nine hours: Provided that in particular circumstances, the operator and the tourist guide may agree that the duration of an excursion shall differ from the above mentioned. Cancellation of engagement of tourist guide. 12.
(1)Without prejudice to any other requirement emanating from any other law that may be current at the time, the engagement of a tourist guide may be subject to an agreement in writing between the operator and the tourist guide. The following provisions shall be deemed to be included in an agreement between the operator and the tourist guide unless excluded in the writing: (
- a)when the operator cancels the engagement of a tourist guide within less than twenty-four hours from the commencement of the organised excursion, the operator shall pay the tourist guide, a penalty equivalent to the fee due for such an excursion; (
- b)(
- i)when the tourist guide is unable to honour his commitment and fails to provide the operator with the services of a similarly qualified and licensed tourist guide as a replacement for the organised excursion, and moreover fails to advise the operator at least twenty-four hours prior to the commencement of the organised excursion, the tourist guide shall, without prejudice to the provision of regulation 14
(2), pay the operator, a penalty equivalent to the fee due for such an excursion; (ii) such penalty shall not be due if the tourist guide TOURIST GUIDES [ S.L.409.12 9 fails to honour his commitment on medical grounds, supported by an appropriate medical certificate which is to be submitted to the operator within forty-eight hours of the date of the tour.
(2)A tourist guide who, without a valid reason, fails to fulfill an engagement, shall b e guilty of an o ff ence against these regulations. Fine. 13. An organised excursion shall be deemed to start at the time the guide is requested to report to commence his duties and is deemed to end when the last passenger leaves the tour. Commencement and end of organised excursion. 14.
(1)In the case of a tourist guide conducting an organised excursion from Malta to Gozo or vice versa, where the return journey on the conclusion of the excursion cannot be made because of unavailability of transport, the tourist guide shall be provided with adequate board and lodging for the overnight stay. The tourist guide shall also be paid additional remuneration as contracted beforehand between the tourist guide and the operator, for the overnight stay. Tourist guides remaining in Gozo because of force majeure.
(2)In the cases referred to in sub-regulation
(1), a tourist guide who has been engaged for an organised excursion on the following day and who, because of the overnight stay, cannot honour his commitment, shall immediately inform the relative operator of the said event. In such cases, the cancellation fee, as referred to in regulation 12, shall not apply.
- A tourist guide shall, at no charge and when so requested by the person engaging his services, submit a detailed written report on the organised excursion within one week from the excursion, or within such other longer period as may be agreed with the operator. Report by tourist guide.
- When, in the course of an organised excursion, reasonable free time is allowed, no tourist guide may show a preference for any particular retail outlet, or direct tourists under his charge to any particular retail outlet. Collusion. 17.
(1)The fees charged by a tourist guide for providing tourist guide services and conducting an organised excursion shall be previously agreed upon between the tourist guide and the operator or the person or agency engaging the tourist guide. Remuneration for the tourist guide.
(2)(
- a)A tourist guide shall not conduct an organised excursion in more than two languages. (
- b)When the tourist guide is required to conduct an organised excursion in more than one language, he shall be entitled to additional remuneration, which unless otherwise previously agreed upon between the tourist guide and the operator or the person or agency engaging the tourist guide, shall be of fifteen per cent of the agreed fee for the additional language used during the excursion. (
- c)When a tourist guide is required to conduct an 10 [ S.L.409.12 TOURIST GUIDES organised excursion on Sundays or other public holidays, he shall be entitled to additional remuneration. Suspension or revocation of licence of a tourist guide. 18.
(1)Where the Authority is satisfied that a tourist guide has (
- a)behaved in an improper manner not befitting the duties and responsibilities of a tourist guide; or (
- b)acted in contravention of any of the provisions of the Act, or of these regulations, or has failed to do something which he is required to do by the Act or by these regulations; or (
- c)been convicted of an offence under the Act or under these regulations, or of any other offence which in the opinion of the Authority renders him unfit to continue to act as a guide or reflects adversely on the status of a tourist guide, the Authority may, having regard to the circumstances of the case, suspend or revoke the licence issued to such tourist guide, giving such reasons for such suspension or revocation of licence.
(2)In the case of any suspension, as is referred to in subregulation
(1), such suspension shall not exceed a period of five years.
(3)Where the licence of a tourist guide has been cancelled or revoked in terms of sub-regulation
(1), the tourist guide shall not be eligible to re-apply for a licence before the lapse of the period of such cancellation or revocation. Representations by applicant. S.L. 409.05 Fines and penalties. 19.
(1)Before refusing to grant or renew license or before suspending or cancelling any license in accordance with th provisions of the Act and of these regulations, the Authority shall inform the applicant or the licensee, as the case may be, of its intention and shall give him an opportunity to make representations.
(2)If an applicant, or a tourist guide, or a temporary service provider is aggrieved by any decision of the Authority, he may lodge an appeal from such a decision in accordance with the provisions of the Third Schedule to the Act, on payment of the fee set out in the Fees (Tourism) Regulations. 20.
(1)Without prejudice to the provisions of regulation 19, any person who fails to comply with any of the provisions of these regulations, shall be guilty of an offence and shall be liable on conviction, to a fine (multa) not exceeding one thousand and two hundred euro (€1,200).
(2)The provisions of article 45 of the Act shall apply to offences committed against these regulations. Saving. 21. Any licence issued in terms of the Tourist Guides Service Regulations, 2002, which are being revoked by these regulations, and which licence is still in force immediately before the TOURIST GUIDES [ S.L.409.12 revocation referred to above, shall continue to be in force thereafter as if it were a licence granted in terms of the provisions of these regulations. 11 12 [ S.L.409.12 TOURIST GUIDES FIRST SCHEDULE MALTA TRAVEL AND TOURISM SERVICES ACT (CAP 409) Tourist Guide Licence Mr/Mrs/Miss ........................................................................................................ This is to certify that the above-mentioned person ................................................. of ............................................................................................................................. is hereby licensed to act as a tourist guide in (
- a)the following languages; (
- b)in the special designated locations: .............................................................................................................. in accordance with the provisions of the Malta Travel and Tourism Services Act (Cap. 409). This licence expires on the 31st December .......................... PHOTO OF LICENSEE Date: ....................................... Registration/Licence No.: .............................. Signed: ...................................................... on behalf of the Malta Tourism Authority SECOND SCHEDULE Special Designated Locations All prehistoric sites All museums and museum sites All places of worship currently or formerly used as such Calypso’s cave and Dwejra in Gozo All fortifications of any period currently or formerly used as such Walled cities except walk-throughs All UNESCO Heritage Sites which include the Hypogeum, {gantija Temples, Ta’ }a[rat, Skorba, }a[ar Qim, Tarxien Temples and Valletta