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Chapter 327

Fil-qosor

Din il-liġi tirregola u tirriforma l-qasam tal-Edukazzjoni f'Malta, b'enfasi partikolari fuq ir-regolamentazzjoni tal-professjoni tat-tagħlim.

X'tirregola

Lil min tikkonċerna

Punti ewlenin

Legal text

EDUCATION CHAPTER 327 EDUCATION ACT To consolidate and reform the law relating to Education in Malta. 16th August, 1988; 5th September, 1988; 16th April, 1991 ACT XXIV of 1988, as amended by Legal Notices: 98 of 1988, 63, 64, 135 and 136 of 1989, 153 and I56 of 1990 and 10 of 1991; Act X of 1991; Legal Notices: 66 and 153 of 1991, 67, 89, 90 and 105 of 1992, 21 and 117 of 1993, 5, 12, 110 and 149 of 1994; Act II of 1995; Legal Notices: 79 of 1995 and 165 of 1996; Act XVIII of 1997; Legal Notices: 177, 181, 183, 184, 189 and 202 of 1997, 9, 30 and 172 of 1998, and 41, 101 and 102 of 1999; Acts VI of 2001, XVIII of 2002 and III of 2004; Legal Notices 144 and 363 of 2004; Acts II of 2005 and XIII of 2006; Legal Notices 293 of 2006, and 220, 391 and 424 of 2007; Act XXXII of 2007; Legal Notices 212 of 2008, and 21 and 85 of 2009; Act XXIII of 2009 and XVII of 2010; Legal Notices 102, 418, 419 and 515 of 2010, 150 and 151 of 2011, and 233, 234 and 299 of 2012; Acts XIII and XXVI of 2012; Legal Notices 130 of 2013 and 243 of 2014; Acts VII and XXVII of 2015; Legal Notices 313 of 2015, and 71, 180 and 402 of 2016; and Acts XXIV, XXVII, XXXII and XXXIV of 2016, and Legal Notices 184 of 2017 217 of 2017, 125 of 2019, 306 of 2019, 273 of 2020, 373, 414, 415 of 2021 and 105 and 276 of 2022, 306 of 2023, 272 of 2024, 239 of 2025 and 31 of

  1. ARRANGEMENT OF ACT Part I Part II Part III Part IV Part V Part VI Part VII Part VIII Part IX Part X Part XI Short title Interpretation General Provisions Constitution and Functions of Directorates of Education The Teachers’ Profession Duty of the State to provide Education Colleges of State Schools Further and Higher Education The University of Malta The Malta College of Arts, Science and Technology Officers and Staff of the Entities Financial Provisions Other Provisions SCHEDULES Articles 3-7 8 - 22 23 - 42 43 - 48 49 - 62 63 - 71 72 - 84 85 - 112 113 - 115 116 - 124 125 - 136 EDUCATION Short title.
  2. The short title of this Act is the Education Act. Interpretation. Amended by: XIII. 2006.4; XXXII. 2007.9; XIII. 2012.3; XXVII. 2015.2; L.N. 373 of
  4. In this Act, unless the context otherwise requires - "Council" means the governing body of the University established by article 76; "employment" includes employment in any labour or work exercised by way of trade or for gain, whether the gain be to the person employed or to any other person, and whether the labour or work is done for wages or other compensation or not, and "to employ" should be construed accordingly; "entity" includes a Directorate, a College, the National Commission for Further and Higher Education established under Part VI, the institution for tourism studies referred to in article 132, and any Directorate, department, unit, agency or other organisation as may be established by virtue of this Act or regulations made thereunder, or under any other law, and "entities" shall be construed accordingly: Provided that only for the purposes of any right pertaining to any officer or staff member under the Pensions Ordinance and the Widows and Orphans Pensions Act under Part IX of this Act, "entity" also includes the University and the Malta College of Arts, Science and Technology incorporated into this Act by Part VIII; "Faculty Board" means the governing body of the University established by article 80; "financial year" means the period of twelve months ending on the thirty-first of December of any year: Provided that for the purposes of this Act the first financial year in respect of any entity shall consist of the period which starts running on the date of the coming into force of the relative articles of this Act relating to such entity, and ending on the thirty-first day of December of the following year: Provided further that in the case of the University of Malta, the financial year means the period of twelve months commencing on the 1st October of any year and ending on the 30th September of the next following year, so however that the financial year which commenced on the 1st January, 2007 shall be for a period of nine months terminating on the 30th September, 2007; "General Estimates" means the estimates presented to the House o f R e p r e s e n t a t i v e s i n r e s p e c t o f a n y f i n a n ci al y e a r, o f t h e expenditure for the service of that financial year and includes any supplementary estimates of expenditure for which it may be necessary to provide after those estimates have been presented to the House of Representatives and in this context "financial year" has the same meaning as it has for the purpose of the Constitution of Malta; "Government" means the Government of Malta; "the Minister" means the Minister responsible for education, and includes, within the limits of any given authority, any person who is specifically authorised by the Minister for any of the purposes of EDUCATION this Act, and "Ministry" shall be construed accordingly; "public officer" has the same meaning as is given to it by article 124 of the Constitution; "Rector" means the Rector of the University elected under article 74 and any person temporarily acting in that capacity; "remuneration" includes compensation in any form whether in money or in kind; "Senate" means the governing body of the University established by article 78; "University" means the University of Malta established by article
  5. PART I General Provisions Articles 3 - 22 - deleted by Legal Notice 373 of
  6. Right to education and instruction. Amended by: XXIV. 2016.
  7. PART III The Teachers’ Profession
  8. Without prejudice to the provisions of this Act, in this Part, insofar as the context does not otherwise require: "adaptation period" means a period during which a person may exercise the teaching profession in Malta under supervision in a licensed school, or in any other manner as the Council may decide, which period may include the provision of such further training to such person, as may be required by the Council, and at the end of which a proficiency test shall be carried out; "the Council" means the Council for the Teaching Profession in Malta established by article 26; "to practise" in relation to the teaching profession includes the taking u p or pursuit of the teaching profession in Malta at compulsory education level bound by the curriculum in a licensed school; "professional and ethical standards" includes standards relating to the general conduct of a member of the teaching profession, including the behaviour of such member towards his students, during or consequential to the exercise of his profession, and behaviour of such member towards other members of his profession, towards other persons assisting teachers in the exercise of their profession, and towards society; "proficiency test" means a test, as may be required by the Council in accordance with the provisions of this Act, having the aim of assessing a person’s ability to pursue the teaching profession Added by: XIII. 2006.
  9. Interpretation. Added by: XIII. 2006.
  10. Amended by: XIII. 2012.5; XXVII. 2015.
  11. EDUCATION in Malta; "registered teacher" means a person who is registered in the official register of teachers kept by the Council and who has been granted a warrant to practise the teaching profession, in accordance with article 29; "teacher" means a person trained in the science of the educational process and in the use of the pedagogical skills in such manner that such person has the skill to create an environment which motivates every student and succeeds to teach such student effectively by motivating his aspirations for the highest values in life and help him develop creative and thinking skills according to his age, his physical, moral, social, emotional and intellectual development and according to the potential of his skills and talents with the final aim that the student is trained to become a lifelong learner: Provided that, for the purposes of this Part, and insofar as not otherwise provided in any other law, "teacher" does not include a Kindergarten or Learning Support Assistant, a teacher in a school teaching a language as a foreign language, or any person who renders a teaching service in cultural, sport and religious sectors, insofar as this teaching is not being imparted as an integral part of compulsory education in terms of the curriculum in a licensed school: Provided further that a teacher in possession of a Degree of Bachelor in Education in Early Childhood and Care teaching at kindergarten level shall be considered as a teacher for all intents and purposes of the law; "warrant" means a warrant issued under article 24; "temporary warrant" means a temporary warrant issued under article
  12. Warrant required to practise profession. Added by: XIII. 2006.
  13. Amended by: XIII. 2012.6; XXVII. 2015.5; XXXIV. 2016.
  14. 24.

(1)Subject to the provisions of this Part, no person shall exercise the teaching profession against remuneration or hold himself to be professionally qualified to do so unless such person is the holder of a warrant issued under this Act.
(2)Without prejudice to any provision made by or under the Mutual Recognition of Qualifications Act and regulations made thereunder, a person shall not qualify for a warrant unless such person (
  1. a)is a Maltese citizen, or is otherwise permitted to work in Malta under any law; and (
  2. b)is of good conduct; and (
  3. c)has full legal capacity; and (
  4. d)is in possession of (
  5. i)a Degree of Bachelor in Education; or (
  6. ii)a Degree of Bachelor together with a PostGraduate Certificate in Education; or (iii) a Doctorate, or a Bachelor’s Degree and a Master’s Degree, together with a certificate of a EDUCATION (
  7. iv)pedagogical course organised by the Directorate for Educational Services established by article 10 or by any other institution which is recognised by the Council; or any other professional qualification as the Council may deem comparable; and (
  8. e)satisfies the Council that he has received adequate experience in the practice of the teaching profession under supervision in a school or provider of further education as defined in article 63 which school or provider is recognised by the relevant competent authority tasked with the licensing thereof by or under this Act, or in any other manner as the Council may decide, for an aggregate period of at least two scholastic years full-time or its equivalent in part-time following the completion of such degree or such other professional qualification as hereabove mentioned, and for the purposes of this paragraph the practice by such teacher of the profession to acquire the above mentioned experience shall be deemed to be practice in accordance with this Act: Provided that holders of the Degree of Bachelor in Education in Early Childhood Education and Care who practise at kindergarten level and who satisfy the requirements of paragraphs (a), (b), (
  9. c)and (
  10. e)shall be eligible for the award of a warrant.
(3)The Post-Graduate Certificate in Education, Bachelor’s Degree, Masters Degree and Doctorate mentioned in paragraph (d)(i), (ii) and (iii) in the preceding sub-article shall be a PostGraduate Certificate in Education, a Bachelor’s Degree, a Master’s Degree and a Doctorate awarded by the University of Malta.
(4)The Minister may prescribe, instead of any of the requirements established under the foregoing provisions of this article, other requirements in terms of any international or multinational treaty or agreement entered into by Malta or with the provisions of any legislation the binding force of which derives from any such treaty or agreement.
(5)Without prejudice to any provision made by or under the Mutual Recognition of Qualifications Act, where the duration of a course leading to the professional qualification possessed by an applicant is less than the duration for the course leading to the Degree conferred by the University of Malta or when the experience referred to in sub-article
(2)(e) is less than two years, the Council may require the applicant to undertake such adaptation period not exceeding twice the shortfall, as the Council may specify. In addition the Council may also submit the applicant to a proficiency test.
  1. Notwithstanding anything contained in the provisions of this Part, the Minister may award a temporary warrant having a validity of one year, that may be renewed to any person who, in the discretion of the Minister, has the necessary proficiency to teach in Temporary warrant. Added by: XIII. 2006.
  2. EDUCATION Malta. Council for the Teaching Profession in Malta. Added by: XIII. 2006.
  3. Amended by: XIII. 2012.
  4. 26.
(1)There shall be a Council to be known as the Council for the Teaching Profession, which shall be composed of the following members: (
  1. a)a President appointed by the Minister from amongst persons who have served, or who have the qualifications to serve, as magistrate or judge; (
  2. b)three registered teachers who have practised the profession of teacher for not less than eight years, appointed by the Minister, two of whom will be chosen in respect of one of them from among the officials of the Directorate for Quality and Standards in Education and the other from among the officials of the Directorate for Educational Services established under Part II of this Act; (
  3. c)four registered teachers who have practised the profession of teacher for not less than eight years, elected by and from among all registered teachers, provided that two of whom shall be teaching at the primary level and the other two at the secondary level of education, and in either case one shall be teaching in the State school sector and the other in the non-State school sector, and for the purposes of this paragraph the voting for the election of these members shall be by post according to those procedures as may be prescribed; (
  4. d)two practising registered teachers from among registered teachers and who have practised the profession of teacher for not less than eight years, nominated by that association registered with the Council in accordance with the provisions of this Act and which satisfies the Council that the majority of the registered teachers are its members; (
  5. e)two members nominated by the University from among the permanent academic staff of the Faculty responsible for the education and training of teachers; (
  6. f)a parent nominated by the parents’ associations: Provided that in relation to the first appointments, "teacher" means any person who is qualified to be registered under this Act: Provided further that for the purpose of paragraph (d), the association or associations to make nominations in relation to the first appointment shall be that association or those associations that have the qualifications to be eventually registered under this Act.
(2)The nominations made in terms of the preceding sub-article shall, for the first time, be made within two weeks from a request in writing made therefor by the Minister, and for any subsequent nomination, within one month from the occurrence of any vacancy or when the vacancy arises due to the expiry of the term of office, within one month prior to the said expiry. In the absence of any such nomination, the Minister shall make the appointment from EDUCATION among teachers or parents as the case may be.
(3)On the occurrence of any vacancy of a member elected in accordance with sub-article
(1)(c), where possible, the Minister shall appoint the person who was the runner-up in the elections previously held for such purpose, and any person who is so appointed shall keep on occupying such post up to the termination of the term of office of the person being so substituted.
(4)The members of the Council shall hold office for a term of three years.
(5)The members of the Council shall, on the expiration of their term of office, be eligible to be re-appointed, but they may not serve the Council for more than three consecutive terms.
(6)In the event that any Council member vacates his office before completing the appointed term, the person appointed in his stead shall be appointed for the remaining period of the original appointment.
(7)The number of members present necessary to constitute a quorum at the meetings of the Council shall be half the members plus one, but subject to the presence of a quorum, the Council may act notwithstanding any vacancy among its members.
(8)The Minister shall designate a public officer to act as secretary to the Council, but such secretary shall not have a vote.
(9)The chairperson of the Council shall have both an original vote and, in the case of a tie, a casting vote.
(10)Without prejudice to the aforesaid and to what may be prescribed, the Council may make its own rules and otherwise regulate its own procedures.
(11)The meetings of the Council shall be summoned by the Chairperson and the Council shall meet as often as may be necessary, but at least once every month.
(12)In the exercise of its functions under this Act, the Council may consult with such persons as it may deem appropriate. For such purpose, the Council may invite any such person to attend meetings of the Council.
(13)The Council shall keep a true and correct record of all its proceedings and the Council shall give to the Minister such information as he may require. 27.
(1)Without prejudice to its other powers and functions, the Council shall regulate the practice of the teaching profession in Malta, and in particular to (
  1. a)keep under review and assess education and training standards and on the fitness to teach of each person who chooses to practise the teaching profession; (
  2. b)advise the Minister in relation to these standards, the initial and continuing training of teachers, proficiency, experience and qualifications required for holding and retaining a warrant under this Act; Functions of the Council. Added by: XIII. 2006.9. EDUCATION (
  3. c)consider and advise the Minister with regard to applications for comparability and recognition of teaching qualifications; (
  4. d)promote and encourage initiatives which ensure a continuing professional training and development programme for warrant holders; (
  5. e)examine applications for a warrant to practise the teaching profession and make recommendations to the Minister on the award or refusal thereof; (
  6. f)keep an official register of all registered teachers and another register of those holding a temporary warrant given under article 25, and record therein any suspension, cancellation and reinstatement of a warrant; (
  7. g)keep an official register of all teachers’ partnerships; (
  8. h)keep such information as may be required in relation to associations representing teachers in Malta and which are registered under the provisions of this Act; (
  9. i)make recommendations to the Minister, following consultation with the associations registered under the provisions of this Act, on the code of professional standards and ethics that may be prescribed for the professional behaviour of teachers which among other things shall include references to the respect towards and the promotion of fundamental values in life that are enshrined in the Constitution and in the laws of the land; (
  10. j)inquire into any allegation of professional misconduct, gross negligence or incompetence by a teacher; (
  11. k)advise the Minister on any matter on which the opinion of the Council is sought by the Minister, including any advice on persons who practise the teaching profession while holding a temporary warrant; (
  12. l)perform such other functions as may arise from this Act or any other law, or as may be assigned to it by the Minister.
(2)The Council shall, not later than three months after the end of each year, publish in the Gazette a list of persons or partnerships who on the 31st December of the said year, were registered for the first time in the register of teachers or in the register of partnerships of teachers.
(3)The Council shall, in the performance of its functions, keep in consideration the public interest, and draw up and publish a report every three years concerning its activities in general. Warrants. Added by: XIII. 2006.9. Amended by: XXIII. 2009.64. 28.
(1)Any person seeking to obtain a warrant to practise the teaching profession in Malta shall make an application to the Council which shall be accompanied by all information and relevant documents in support of the application, including certificates issued by the competent authority about the EDUCATION comparability of qualifications and certificates of their authenticity as the Council may require: Provided that an application made under this article shall not be deemed to have been filed by an applicant unless it is duly filled in and accompanied with all required information and documentation.
(2)The Council shall make a recommendation to the Minister for the issue of a warrant as soon as it is satisfied that the applicant satisfies the minimum requirements established under this Act.
(3)Where, following an adaptation period where necessary, the Council is satisfied that the applicant has successfully completed his training, the Council shall make a recommendation to the Minister for the issue of a warrant.
(4)For the purpose of establishing whether an applicant has successfully completed his training as aforesaid, the Council may submit the applicant to a proficiency test under the provisions of this Act or under regulations issued thereunder.
(5)The Council shall regularly draw the attention of registered teachers to their obligation to periodically carry out programmes of continuous professional development and of up-dating necessary for the standards and the fitness to teach.
(6)The Council shall also periodically request registered teachers to provide it with the necessary information showing which programmes they have followed.
(7)Whenever the case may be, the Council shall draw the attention of a registered teacher of his failure to fulfil this obligation as provided for in this article and shall give him reasonable time to comply therewith.
(8)When a registered teacher continues to ignore the request of the Council to follow programmes of continuous professional development and of updating, the warrant pertaining to the warrant holder may be suspended until such time as the warrant holder proves that he is fulfilling the requirements of the obligation provided for in this article.
  1. The Council shall consider and make its recommendations on an application for a warrant to practise the teaching profession as soon as is reasonably practicable, but in no case later than four months from the receipt of the application. On making its recommendations to the Minister, the Council shall concurrently notify the applicant of its recommendations, together with the reasons upon which these were based. The Council to assess application for warrant. Added by: XIII. 2006.
  2. 30.
(1)A person shall not be qualified to obtain or shall not retain a warrant in terms of this Act if such person has been convicted by any court of criminal jurisdiction: Loss of warrant. Added by: XIII. 2006.9. (
  1. a)for any crime liable to imprisonment for a term exceeding one year; or (
  2. b)of having abused the students’ trust or having used violence in their regard; or EDUCATION (
  3. c)of any crime because of which such person may not, in the Council’s opinion, be fit to practise the teaching profession in a school.
(2)Where a person loses his warrant following a conviction as is referred to in the preceding sub-article, notice of such loss shall be given by the Minister in the Gazette and shall be communicated by the Council to the person disqualified, unless such person has been interdicted by the judgement itself, and to the Principal of the College and to the Head of school where such person is employed as the case may be. The Council may conduct inquiries. Added by: XIII. 2006.9. 31.
(1)The Council shall inquire into any alleged professional misconduct, gross negligence or incompetence in relation to a teacher.
(2)For the purposes of this article, the terms "professional misconduct", "gross negligence", or "incompetence", shall include the following: (
  1. a)obtaining a warrant in a deceitful or fraudulent manner; (
  2. b)contravention against the Code of Ethics established under this Act; (
  3. c)failure to comply with regulations with respect to professional standards or practice; (
  4. d)practice or assumption of professional competence for which the person is not qualified or the person concerned is not authorised to practise in terms of his warrant; (
  5. e)acting in a manner which may be detrimental to the teaching profession; (
  6. f)displaying lack of skill in the practice of the teaching profession or in carrying out of a duty or obligation undertaken in the practice of teaching.
(3)Any teacher who is the subject of any inquiry carried out by the Council shall be given all the opportunity to make his defence and bring any evidence in his favour and for such purpose he may be represented by a lawyer or by any other person of his choice.
(4)On finalising the inquiry the Council shall (
  1. a)if it finds in favour of the teacher, dismiss the case; or (
  2. b)if it finds the teacher guilty of the alleged professional misconduct, gross negligence or incompetence, make a report of its findings and submit it to the Minister together with its recommendation for the imposition of any of the following penalties: (
  3. i)suspension or cancellation of the warrant subject to such conditions as may be recommended; (
  4. ii)suspension or cancellation of the registration of a partnership of teachers; (iii) imposition of conditions to be attached to a warrant; EDUCATION (
  5. iv)(
  6. v)(
  7. vi)reprimand; payment to cover the costs of the inquiry; order the waiver, reduction or refund of any fees charged for services rendered.
(5)On the cancellation of the warrant of a teacher the Council shall strike off the name of such person from the official register of teachers.
(6)The Council’s decision whereby an application for a warrant is refused or whereby a warrant is suspended or cancelled shall be notified in writing to the person who has filed the application or to the warrant holder, as the case may be, and to the College Principal and to the Head of school where such teacher practises his profession as the case may be.
(7)For the purposes of this article, the members of the Council have the powers that are or may be conferred under the Inquiries Act, and shall conduct their inquiry as provided for in the same Act. 32.
(1)Any person who feels aggrieved by the decision of the Minister, following the recommendations of the Council to refuse an application for the issuing of a warrant, or where no decision has been notified to the applicant within the time established in article 29, or whereby a warrant is to be suspended or cancelled, under the provisions of this Part, may, within twenty-one days of the notification given to the Minister, appeal to the Administrative R e v i e w Tr i b u n a l i n a c c o r d a n c e w i t h t h e p r o v i s i o n s o f t h e Administrative Justice Act and any applicable regulations made thereunder.
(2)Notwithstanding that an appeal has been instituted in accordance with the provisions of this article, the warrant shall be considered as suspended or cancelled, as the case may be, pending the final decision of any appeal that may be made from the decision of the Administrative Review Tribunal in accordance with the provisions of the Administrative Justice Act or any applicable regulations made thereunder. Appeals. Added by: XIII. 2006.
  1. Amended by: XXIII. 2009.65; XIII. 2012.
  3. The Minister may, on the recommendation of the Council, and upon application to this effect, restore the warrant to a person who is disqualified to hold or who forfeits such warrant in terms of article 30, or remove such suspension or cancellation as recommended in terms of article 31, if the applicant meets such requirements that may be prescribed. Where the warrant of the teacher has been reinstated, such teacher is to be again registered in the official register. Minister may reinstate warrant. Added by: XIII. 2006.
  4. 33A. Any person established in a Member State may practise the profession of teacher in Malta on a temporary and occasional basis provided that the provisions of Part II of the Recognition of Professional Qualifications Regulations are satisfied. Temporary provision of services. Added by: XXIII. 2009.
  5. S.L. 451.
  6. Association of teachers. Added by: XIII. 2006.
  7. EDUCATION 34.
(1)An association of teachers is an association of teachers established with the primary aim of promoting the principles, values and standards related to the practice of the teaching profession.
(2)Any association of teachers may make an application to the Council to be registered as an association of teachers for the purposes of this Act.
(3)An association shall be qualified to be registered under this article if it proves to the Council that it has a membership of at least ten registered teachers and that it conforms with such other conditions as may be prescribed. An association shall submit together with the application a list of members and such other information as the Council may require to process the application.
(4)The Council shall have the power to require any association registered under this article to produce such records and information regarding the association and its members as the Council may reasonably require from time to time. Partnerships of teachers. Added by: XIII. 2006.9. 35.
(1)Two or more warrant holders may form a civil partnership, in this Act referred to as a "partnership of teachers", having for its exclusive object the practice of the teaching profession and such powers as are necessary for the attainment of the objects of the partnership.
(2)No person, other than a warrant holder, may be a partner in a partnership of teachers.
(3)Any such partnership shall, when duly formed according to law and on payment of the prescribed fee, be registered with the Council and upon registration the partners shall, for as long as it is so registered, be authorised to act in the name and on behalf of the partnership which shall be entitled to the designation "Teachers" as part of its name.
(4)Every such partnership shall give to the Council such information as the Council may reasonably require or as may be prescribed, and shall give notice to the Council of any relevant changes in any information previously given to the Council within fifteen days after the date on which the change occurs. Conditions applying to a partnership. Added by: XIII. 2006.9. 36. Notwithstanding the provisions of any other law or any other agreement to the contrary, the following provisions shall apply to a partnership of teachers under this Act: (
  1. a)the partners shall be jointly and severally responsible for the actions and omissions of each and every one of them in the performance of their professional duties, the maintenance of the required professional standards and conduct and generally in the fulfilment of their obligations under this Act or any other applicable law, and shall also be jointly and severally liable for any loss or damage resulting therefrom; (
  2. b)any act or thing that may be done by a warrant holder may be done by one or more of the partners in the name of the partnership; and any act or thing done in EDUCATION the name of the partnership shall be done by one or more of the partners; (
  3. c)the responsibilities and liabilities for anything done or omitted to be done during the period in which a person was a partner in a partnership of teachers shall not cease, in respect of such person, by his retirement, death or other cause by which he ceases to be a partner. 37. The provisions of articles 30, 31 and 32 shall apply to partnerships of teachers as they apply mutatis mutandis to teachers. Applicability of articles to partnerships. Added by: XIII. 2006.9. 38.
(1)Any person who, for the purpose of obtaining a warrant or registering a partnership of teachers under the provisions of this Act, knowingly gives any false information or otherwise acts in a deceitful or fraudulent manner, shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to imprisonment not exceeding twelve months or to both such fine and imprisonment. Offences and penalties. Added by: XIII. 2006.9. Amended by: L.N. 424 of 2007.
(2)Any person who is found guilty of any other offence against any provision of this Part of this Act shall be liable on conviction to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), or to three months imprisonment or to both such fine and imprisonment, and in the case of a continuing offence to a fine (multa) of eleven euro and sixty-five cents (11.65) for each day during which the offence continues, subject to a maximum of four thousand and six hundred and fifty-eight euro and seventy-five cents (4,658.75).
(3)Any person who, not being the holder of a warrant or a temporary warrant issued under this Act, practises the teaching profession or carries out any education practice in contravention of the provisions of this Act, shall be guilty of an offence against this Act.
(4)Any person who uses the words "Teachers" in relation to a partnership of teachers where such partnership is not registered in accordance with the provisions of this Act, or in any manner whatsoever makes use of a name falsely implying the existence of a partnership of teachers registered as aforesaid shall be guilty of an offence against this Act.
(5)For the purpose of this article and subject to such regulations as may be prescribed, a person shall not be deemed to be in contravention of the provisions of this Act if such person is practising the teaching profession during an adaptation period or when in training, in any case under supervision in a licensed school or in any other manner as the Council may decide.
(6)Subject to the provisions of sub-article
(5), no person or any other organisation shall employ any person other than a registered teacher or a person holding a temporary warrant for the purpose of practising the teaching profession. EDUCATION
(7)The provisions of this Act establishing offences shall be without prejudice to the provisions of any other law establishing offences and punishments in respect of the same acts or omissions and shall not, in particular, affect the application of any higher punishment under any other law. Administrative fines. Added by: XIII. 2006.9. 39. Where, following an inquiry under the provisions of article 31, the Council finds a teacher guilty of any breach of professional conduct or of the Code of Ethics, the Council may impose such administrative fines as recommended to the Minister and that the Minister may prescribe. Minister may make regulations. Added by: XIII. 2006.9. 40. The Minister may, after consultation with the Council, make regulations not inconsistent with the provisions of this Part of this Act, to give better effect to any of such provisions and generally to regulate the teaching profession, and, without prejudice to the generality of the foregoing, such regulations may in particular include provisions with respect to (
  1. a)the establishment of standards, practices, procedures and other duties in the exercise of the profession of a teacher; (
  2. b)the professional conduct and code of ethics of teachers and the standards of competency and integrity to be kept by the profession (
  3. c)the requirements, conditions and frequency in relation to the programmes of continuous professional development for the maintenance of a warrant; (
  4. d)the work which can be performed and the services which can be rendered in terms of a warrant, and the terms and conditions which can be attached to such warrant; (
  5. e)the fees that may be charged by the Council in connection with the issue of a warrant, for the making of any registration under this Act, those annual or periodic fees that the Council may deem necessary for its operation under the provisions of this Act; (
  6. f)the fees that may be charged by teachers for their professional services; (
  7. g)the procedures to be followed in cases of professional misconduct; (
  8. h)the engagement of persons who are employed to work in a school by virtue of a temporary warrant; (
  9. i)the forms, conduct certificates and other ancillary matters connected with the application for a warrant, a test to establish the legal capacity, the procedures connected with the nomination of members to the Council, and relating to any other procedure which may be adopted by the Council; (
  10. j)the appointment, composition and procedures of committees or sub-committees which the Council may feel necessary to appoint for any one of its functions; EDUCATION (
  11. k)any matter which is required or is authorised by this Act to be prescribed. 41.
(1)Any person who on the coming into force of this Part is in possession of a permanent warrant obtained under Part II of this Act before the entry into force of this Part shall be deemed to be a warrant holder with the same rights and obligations inasmuch as such warrant had been issued in accordance with the provisions and conditions of this Part. Saving. Added by: XIII. 2006.9.
(2)A person shall be deemed to remain eligible for a permanent warrant under the provisions of this Act before having been amended if on the date of the coming into force of this Part: (a) would have already been enrolled in a course leading to a Masters’ degree from the University or so a comparable degree, and would have been eligible to apply for a permanent warrant under the provisions of article 11
(3)(
  1. a)before having been amended; or (
  2. b)qualified for a permanent warrant under the provisions of article 11
(3)(
  1. b)before having been amended; or (
  2. c)was practising the teaching profession in any school by virtue of a temporary warrant and had been practising as such for not less than eight scholastic years, and is eligible to apply for a permanent warrant under the provisions of article 11
(3)(
  1. d)before having been amended due to the fact that such person had practised the teaching profession in a school in Malta for a period of not less than fifteen years and in the opinion of the Minister such person has the necessary academic skill, shall still be qualified to be given a warrant inasmuch as such person was qualified under the provisions of this Part after having completed fifteen years practice. 42. A warrant holder may return his warrant to the Minister and request that his name be cancelled from the register of teachers. Warrant holder may return warrant. Added by: XIII. 2006.9. PART IV Amended by: XIII. 2006.10. Duty of the State to provide education Articles 43 - 62 Deleted by Legal Notice 373 of 2021. PART VI* Further and Higher Education Added by: XIII. 2006.13. Amended by: XIII. 2012.9. Interpretation. Added by: XIII. 2006.13. Amended by: XIII. 2012.10. EDUCATION 63. Without prejudice to the provisions of this Act, in this Part, insofar as the context does not require otherwise "quality assurance" refers to one or more processes which: (
  2. i)safeguard the quality of further and higher education within the economic, social and cultural context, on a national, European and international level; (
  3. ii)ensure the use of appropriate measures as a means of improving the quality of teaching, learning, training and research; and (iii) communicate the outcome of such findings within an internal and external framework of accountability; "quality audit" refers to an external evaluation process of internal quality assurance mechanisms adopted by a provider for its own use, and of the provider’s adherence to any licensing, accreditation and other obligations under this Act or any regulations made thereunder, in order to continuously monitor and improve the operation of a provider or of a programme. Articles 64 - 68 - Deleted by Legal Notice 373 of 2021. Composition of the Commission. Added by: XIII. 2006.13. Amended by: XIII. 2012.16; VII. 2015.5. 69.
(1)The Commission shall be composed of not less than seven and not more than ten members to be nominated by the Minister and appointed by the Prime Minister for a period of three years and the members shall be eligible to be re-appointed after their term of office expires. All members of the Commission shall serve in their personal capacity.
(2)The Prime Minister shall appoint from among the members a Chairman and a Deputy Chairman. In the case when the Chairman is abroad or for any other reason, for a temporary period, is unable to perform his functions, the Deputy Chairman shall act as Chairman and shall perform the powers and functions of the Chairman.
(3)The members of the Commission shall be persons who, in the opinion of the Minister, possess leadership qualities, and have an understanding in further and higher education within the context of the general socio-economic development, and shall include a person with disability.
(4)A person shall not be qualified to be appointed or hold office as member of the Commission if such person: (
  1. a)is a member of the House of Representatives; or (
  2. b)is a serving as a judge or magistrate; or (
  3. c)is legally incapacitated; or (
  4. d)has been declared to be in a state of bankruptcy or has entered into a composition or agreement with its creditors; or *This Part VI has been repealed by Legal Notice 31 of 2021, except the definitions of ‘quality assurance’ and ‘quality audit’ in article 63, and article 69
(10). See also article 71
(1)of Act XXIX of 2019. EDUCATION (
  1. e)has been convicted of an offence against this Act or affecting public trust or theft or fraud, or having knowingly received property which had been acquired by theft or fraud; or (
  2. f)has any financial or other interest in any enterprise or activity which may affect the performance of its functions as a member of the Commission: Provided that the Minister may set aside such disqualification of a person under this paragraph if such person declares having any such interest and both that declaration and that setting aside of the disqualification are published in the Gazette.
(5)Subject to the provisions of this article, the office of member of the Commission shall be deemed to be vacant: (
  1. a)on termination of the term of his appointment, or (
  2. b)should there arise circumstances which, were this person not to be a member of the Commission, such person would be disqualified from being appointed as such.
(6)A member of the Commission may at any time be removed or suspended from office by the Prime Minister on the grounds of inability to perform the functions of his office as required, either because of mental or physical illness, or for any other reason due to which the member would no longer be fit to occupy such office or due to bad conduct.
(7)A member of the Commission may resign from his office through a letter addressed to the Prime Minister. If any member tenders his resignation or is removed from his office by the Prime Minister or should the office of any member of the Commission become in any manner vacant, the Prime Minister may appoint a qualified person to take up this post and any person who is so appointed shall keep on occupying that post up to the termination of the term of office of the person being so substituted and such person shall be eligible to be reappointed.
(8)A member of the Commission having a direct or indirect interest in any contract made or proposed to be made by the Commission, insofar as such interest is not of a kind due to which the member may be disqualified from continuing to hold that office, shall reveal the kind of his interest in the first sitting of the Commission after having come to know of the relevant facts. Such matters as are revealed are to be registered in the minutes of the sitting of the Commission, and the member concerned shall withdraw from the sitting while such contract is being discussed. Such matters as have been revealed are to be forwarded to the Minister without delay. When such interest as the member may have is such that it may lead to his removal from office, the member shall immediately report the fact to the Minister and, without prejudice to the provisions of sub-article
(4)(f), he shall offer to tender his resignation.
(9)Any absence or vacancy among the members of the EDUCATION Commission, or any participation in its meetings by any person who is not entitled to such act, does not invalidate the procedures of the Commission, insofar as there is a quorum of not less than one-half of the number of members of the Commission.
(10)Subject to the provisions of this Act and of any regulations made thereunder, the Commission may appoint committees and generally regulate its own procedures.
(11)The Commission shall appoint a Secretary to keep minutes and a record of the meetings and of its decisions.
(12)The Commission shall take all necessary precautions and treat information on commercially sensitive matters in a highly confidential manner in its relations with both public and private providers.
(13)The Minister may, after consulting the Chairman of the Commission, make regulations regarding the procedures to be adopted by the Commission in its operations. Articles 70 - 71 - Deleted by Legal Notice 373 of 2021. PART VII The University of Malta Amended by: XIII. 2006.14. Refounding, aims, functions and powers of the University of Studies. Amended by: XVIII. 1997.2; XIII. 2006.14. 72. The University of Studies of Malta is, by means of the present Act, being refounded under the name of University of Malta with the following functions and powers: (
  1. a)to provide for instruction in such branches of learning and to make such provisions for research and the advancement and dissemination of knowledge as it may from time to time determine; (
  2. b)to determine the conditions for admission into the University and into any course of study provided by it; (
  3. c)to provide appropriate procedures to determine the persons who have attained the necessary proficiency in the various branches of study; (
  4. d)to confer degrees and grant diplomas, certificates or other academic distinctions; (
  5. e)to constitute faculties, departments and other academic sections of the University; (
  6. f)to institute academic and non-academic posts as required from time to time, and to make appointments thereto; (
  7. g)to set up and properly maintain libraries, laboratories and other facilities required for teaching, research, experimentation, or diffusion of knowledge and sciences as well as the establishment of academic audit and quality assurance schemes; EDUCATION (
  8. h)to establish entities with their own statutes and to monitor the administration of such entities as well as of other entities already existing or which may be created by others in the field of higher education; (
  9. i)to administer the funds voted by the House of Representatives for the implementation of its programme; and any other funds it may receive or generate from other sources; (
  10. j)to evaluate foreign degrees and academic distinctions; (
  11. k)to make statutes, regulations and bye-laws accordance with the provisions of this Act; and (
  12. l)in to act in any other way conducive to the attainment of its aims. 72A. The University shall be a body corporate having a distinct legal personality and shall be capable, subject to the provisions of this Act, of entering into contracts, of acquiring, holding and disposing of any kind of property for the purposes of its functions, of suing and being sued, and of doing all such things and entering into all such transactions as are incidental or conducive to the exercise or performance of its functions under this Act. Legal personality of the University. Added by: XXVI. 2012.2. 73.
(1)The finance of the University shall derive from periodic agreements entered into between the University and the Government stipulating, among other things, the supply of funds to the University by the Government. Financing and control of the finances of the University. Substituted by: XVIII. 1997.3. Amended by: XIII. 2006.14.
(2)The amount of funds to be stated in the agreement shall be established in relation to the requirements of the University to achieve its aims determined in the context of the needs of the country as perceived by the Government.
(3)The agreement stipulated between the Government and the University, and any extension or substitution thereof, shall be laid in draft on the Table of the House of Representatives, and shall be entered into only after it has been discussed in the House of Representatives in a sitting for that purpose not later than twentyeight days from the day on which it is so laid.
(4)The University shall in each financial year cause to be prepared and shall adopt estimates of its income and expenditure for the following year.
(5)The University shall cause to be kept proper accounts and other records in respect of its operation and transactions and shall cause to be prepared a statement of accounts in respect of each financial year.
(6)The accounts of the University shall be audited by an auditor or auditors appointed by the Council from year to year.
(7)The University shall, not later than three months after the end of each financial year, cause a copy of a statement of its audited accounts together with a report on its activities during that year, to be sent to the Minister together with the report of the auditor or auditors with respect to such statement and the Minister EDUCATION shall without delay lay such statements and reports on the Table of the House of Representatives so that the House may take note thereof and discuss the same in not more than two normal sittings, allocated for that purpose, within eight weeks from their being laid by the Minister. Governing bodies and officers of the University. Amended by: X. 1991.2; XVIII. 1997.4; XIII. 2006.14; XVII. 2010.4; XIII. 2012.19. 74.
(1)The following shall be the governing bodies of the University: (
  1. a)the Council; (
  2. b)the Senate; (
  3. c)the Faculty Boards.
(2)The following shall be the Principal Officers of the University: (
  1. a)the Chancellor; (
  2. b)the Pro-Chancellor; (
  3. c)the Rector; (
  4. d)the Pro-Rectors; (
  5. e)the Secretary; (
  6. f)the Deans and Deputy Deans of the Faculties.
(3)The Chancellor shall be appointed for a term of seven years by the President of Malta acting in accordance with the advice of the Prime Minister given after he has consulted the Leader of the Opposition.
(4)The Chancellor shall be the highest officer of the University and shall be responsible to ensure that it conforms with the law.
(5)The Chancellor promulgates the statutes, regulations and bye-laws of the governing bodies of the University and may refer back once to the governing body concerned any such statutes, regulations or bye-laws which in his opinion are not in accordance with the law; the Chancellor, in special circumstances, shall also have the power to summon the Council, Senate and Faculty Boards.
(6)The Pro-Chancellor shall be appointed by the Chancellor after the Minister’s approval for a term not exceeding five years.
(7)Whenever the office of Chancellor is temporarily vacant, and until a new Chancellor is appointed and whenever the holder of that office is absent from Malta or on vacation or is for any reason unable to perform the functions conferred upon him by this Act, those functions shall be performed by the Pro-Chancellor who shall continue to perform those functions notwithstanding the expiration of his term of office.
(8)The Pro-Chancellor shall also perform the functions of Chancellor whenever required to do so in writing by the Chancellor.
(9)The Pro-Chancellor shall be the ex officio president of the Council. EDUCATION
(10)(
  1. a)The Rector shall be elected by the Council for a term of five years and shall be the principal academic and administrative officer of the University. (
  2. b)The election for the office of Rector shall take place three months before the end of the term of office of the Rector or, should there be a vacancy for any reason, not later than fifteen days after the vacancy occurs. (
  3. c)The election shall take place at a meeting of Council called for the purpose. Every member of Council shall have the right to nominate a candidate to the office of Rector. If there are more than two candidates, each member shall show his preference by casting a single transferable vote. Prior to an election, the Council shall determine as required the procedural details relating to the method of election.
(11)The Rector shall be responsible for the day to day administration of the University, shall be the president ex officio of the Senate and Faculty Boards, and shall be vested with the legal representation of the University.
(12)The Pro-Rectors shall be appointed by the Rector for a term of one year and shall, as delegated by the Rector, perform the functions of the Rector in the circumstances that the ProChancellor would perform the functions of the Chancellor under the provisions of sub-article
(7). One of the Pro-Rectors determined from time to time by the Rector, shall also perform the functions of the Rector in the same circumstances that the Pro-Chancellor would perform the functions of the Chancellor under the provisions of sub-article
(8).
(13)The Secretary shall be the second highest administration officer of the University and shall be appointed by the Council for a term of five years.
(14)The Dean of a Faculty shall be elected for a term of four years by the academic staff of that Faculty and from among the heads of departments of that Faculty and shall be the president ex officio of the Faculty Board in the absence of the Rector.
(15)The Deputy Dean of a Faculty shall be appointed by the Rector for a period of one year, in consultation with the Dean of the respective Faculty.
(16)The Deputy Dean besides such other functions as may be delegated to him by the Dean, shall perform the functions of the Dean in the same circumstances that the Pro-Chancellor would perform the functions of Chancellor under the provision of subarticle
(7)and sub-article
(8). 75.
(1)The University shall have the power to make statutes, regulations, and bye-laws in order to provide for its own administration and for the administration of its activities and of the entities created by it.
(2)Statutes shall be made by the Council and shall bind the whole University as well as the entities created by it. Subsidiary legislation. Amended by: XIII. 2006.14. EDUCATION
(3)Regulations shall be made by the Senate and shall provide for matters of an academic nature and shall bind the whole University.
(4)Bye-laws shall be made by the Faculty Boards and shall provide for matters of an academic nature and shall bind the Faculty represented by the Faculty Board that made those byelaws.
(5)No statute providing for a matter of an academic nature may be made or, when made, may be amended or revoked by the Council, unless the Council requests the advice of the Senate of that statute or on that amendment or revocation but if such advice is not tendered within the term established by the Council, which term shall in no case be less than twenty-one days from the date of the said request, then the Council may make that statute or amend or revoke it without that advice.
(6)Statutes, regulations and bye-laws made by the competent governing bodies o f the Univ ersity i n accord ance with t he provisions of this Part of this Act shall be without effect unless promulgated by the Chancellor and published in the Government Gazette but when those statutes, regulations or bye-laws have been so promulgated and published they shall have the force of law: Provided that the subsidiary legislation herein mentioned shall as soon as may be after it is made, be laid on the Table of the House of Representatives.
(7)Any power given by this Act for the making of statutes, regulations or bye-laws by the competent governing body of the University shall be construed as including a power, exercisable in the like manner and subject to the like consent and conditions, if any, to rescind, revoke, amend, or vary the statutes, regulations or bye-laws, and such power shall be exercisable without prejudice to the making of new statutes, regulations or bye-laws. Composition of the Council of the University. Amended by: II. 1995.2; XVIII. 1997.5; XIII. 2006.14; XIII. 2012.20. 76. The Council of the University shall be composed as follows: (
  1. a)the Pro-Chancellor who shall be ex officio president; (
  2. b)the Rector who shall be ex officio vice-president; (
  3. c)four members representing the Senate; (
  4. d)three members elected by the academic staff from those amongst them who are not members of the Senate; (
  5. e)three members elected by and from among the nonacademic staff; (
  6. f)three members elected by and from among the University students, at least one of whom shall be a post-graduate student; (
  7. g)one member appointed by the Minister and a member appointed by the Chairman of the Foundation for Theological Studies; (
  8. h)a number of members appointed by the Prime Minister EDUCATION from among the leading representatives of the economic, industrial and social fields, to represent the general interest of the country, such number never to exceed the number of all the members mentioned in paragraphs (c), (d), (e), (
  9. f)and (g). 77. The Council shall be the supreme governing body of the University and shall have the following functions: (
  10. a)to administer and control all the property, movable and immovable, of the University; Functions of the Council. Amended by: XIII. 2006.14. (
  11. b)to establish and abolish posts of an academic nature or otherwise; (
  12. c)to establish, administer and abolish institutes and other entities; (
  13. d)to make statutes in accordance with the provisions of this Act; (
  14. e)to make appointments to posts, of an academic nature or otherwise, in accordance with procedures established by statutes; (
  15. f)to pay the wages or salaries of all members of the academic and non-academic staff in accordance with scales determined by it with the approval of the Minister; (
  16. g)to establish Faculties, departments and institutes for the proper organization of academic work and interdisciplinary collaboration, taking into account any directions given by the Minister in accordance with the provisions of this Act; (
  17. h)to appoint heads of departments for periods not exceeding four years after considering the recommendations of the departments concerned; 78. (
  18. i)to appoint and provide for the payment of Maltese or foreign examiners in accordance with statutes and predetermined procedures; (
  19. j)to do all other acts or things not vested in any other governing body of the University. The Senate of the University shall be composed as follows: (
  20. a)the Rector who shall be ex officio president; (
  21. b)the Pro-Rectors, one of whom as may be designated by the Rector from time to time shall be the Vicepresident; (
  22. c)the Deans of all the Faculties; (
  23. d)a representative of each Faculty elected by and from among the academic staff of that Faculty; (
  24. e)five members elected by and from among the University students, at least two of whom shall be post-graduate students; Composition of the Senate. Amended by: XVIII. 1997.6; XIII. 2006.14; XIII. 2012.21. EDUCATION (
  25. f)two representatives of the Minister appointed by him from among graduates of the University; (
  26. g)two members appointed by the directors of the institutes and other entities established by the University; (
  27. h)the Librarian. Functions of the Senate. Amended by: XIII. 2006.14; XIII. 2012.22. 79. The Senate shall have the general direction of the academic matters of the University and shall have the following functions: (
  28. a)to regulate studies, research, documentation and examinations in the University by means of regulations; (
  29. b)to make regulations in accordance with the provision of this Act; (
  30. c)to decide on whom should be conferred academic degrees, diplomas and other distinctions; (
  31. d)to establish by regulations admission into the University; the conditions for (
  32. e)to recognise degrees, diplomas, certificates and distinctions of foreign universities or providers of higher education for the purpose of admission to a programme of the University; (
  33. f)to advise the Council on matters of an academic nature even if of such a nature only in part; (
  34. g)to advise the Government on all matters in the fields of learning, science and technology referred to it by the Government; (
  35. h)to deal with any other matter of an academic nature arising in the administration of the University. Composition of the Faculty Boards. Amended by: II. 1995.3; XIII. 2006.14; XIII. 2012.23. 80. The Board of each Faculty shall be composed as follows: (
  36. a)the Rector who shall be ex officio president; (
  37. b)the Dean of the Faculty who shall be ex officio vicepresident; (
  38. c)the heads of all the departments in the Faculty; (
  39. d)a representative of each department of the Faculty elected by and from among the academic staff of the department; (
  40. e)three members elected by and from among the students of the Faculty, at least one of whom shall be a postgraduate student; (
  41. f)two members appointed by the Minister to represent the interests outside the Faculty and who, in the opinion of the Minister, can give an effective contribution towards the good administration of the Faculty, provided that in the case of the Faculty of Theology the two members shall be appointed by the Foundation for Theological Studies to represent the EDUCATION interests of the said Foundation. 81.
(1)The Faculty Board shall have the following functions: (
  1. a)to direct the academic tasks of the Faculty in a unitary manner and in consultation; Functions of Faculty Boards. Amended by: XIII. 2006.14. (
  2. b)to determine the studies, teaching and research within the Faculty and to provide for the administration, publication and diffusion of the academic work of the Faculty and to distribute tasks within the said activities; (
  3. c)to make bye-laws concerning the Faculty accordance with the provisions of this Act; in (
  4. d)to prepare plans for the development of the Faculty and to present those plans for approval by the Senate and the Council.
(2)Bye-laws made by the Faculty Board shall be referred to the Senate for its approval and shall not be submitted to the Chancellor for promulgation unless they have been so approved by the Senate. 82.
(1)The Rector, without prejudice to the powers vested in the governing bodies of the University by the provisions of this Act, shall have all the powers necessary for the day to day administration of the University and shall have the power to decide upon any urgent matter, of an academic nature or otherwise, provided that such decision which impinges upon a power or function vested by this Act in a governing body of the University shall be registered by the Secretary and brought before that body at its first meeting following that decision.
(2)The Rector, as the officer vested with the immediate government of the University, shall exercise authority over the teaching staff, the examiners, the students, the candidates for examinations and all the employees of the University, and shall enforce discipline and the strict observance of the provisions of this Act and of the statutes, regulations and bye-laws.
(3)The Rector shall confer University degrees, diplomas, certificates and other distinctions.
(4)The Rector shall have the power to summon the Council, Senate and Faculty Boards.
(5)The Rector shall ensure that any elections required by the provisions of this Act are in fact held without undue delay and shall be responsible to provide for the procedures of those elections.
(6)The Rector shall be responsible for the planning and coordination of the work of the various bodies and institutions of higher education and for the implementation of the decisions of the competent authorities of the University. Powers of the Rector. Amended by: XIII. 2006.14. Common provisions for the governing bodies of the University. Amended by: XVIII. 1997.7; XIII. 2006.14. EDUCATION 83.
(1)Any person holding office on a governing body of the University shall, unless otherwise specifically provided elsewhere in this Act, hold that office for a period of two years: Provided that any person holding office on the governing body of the University shall continue so to hold office, despite the expiry of his term, until the election or appointment of another person to substitute that person.
(2)The quorum for the meetings of any governing body of the University shall be that of one more than one third of the members of that body; provided that the quorum for the Council shall be eight.
(3)Any governing body of the University may act notwithstanding any vacancy in its membership and quorum shall be computed as if there was no such vacancy.
(4)Any question proposed for decision at any meeting of any governing body of the University shall be determined by a majority of the votes of the members present and voting, and if on any such question the votes are equally divided the member presiding shall have and exercise a casting vote. Faculty of Theology. Added by: II.1995.
  1. Amended by: XIII. 2006.14,
  2. Added by: XIII. 2006.
  3. Interpretation. Added by: XIII. 2006.
  5. There shall be in the University, a Faculty of Theology which shall be governed by such Agreement signed on the 26 September 1988 and any other Agreement as may from time to time be in force between the Government of Malta and the Holy See on the matter, and the provisions of this Part where incompatible with any such Agreement shall not apply and the provisions of such Agreement shall apply instead. A copy of the Agreement is reproduced in Italian and English in Schedule III to this Act and a copy of any Agreement in force from time to time shall be published in the Gazette and shall have the same force as subsidiary legislation made under article 75 and shall in the same manner be laid on the Table of the House of Representatives. PART VIII The Malta College of Arts, Science and Technology
  6. Without prejudice to the provisions of this Act, in this Part, insofar as the context does not require otherwise "Administrative Director" means the person appointed by the Board of Governors to perform such duties as are indicated in article 105; "Board of Governors" means the Board of Governors established by article 92; "Board of Studies" means the Board of Studies of the Institute established by article 98; "Bureau" means the Administrative Bureau established by article 96; "the College" in this Part means the Malta College of Arts, EDUCATION Science and Technology incorporated by article 86; "the Council" means the Council of the Institute established by article 91; "Institute" means every Institute established by virtue of articles 90(d) and 93; "President" means the President of the Board of Governors appointed by virtue of article 91
(2)and any person who temporarily occupies that office; "Principal" means the College Principal appointed by the Board of Governors to perform the duties indicated in article 91
(2)and any person who temporarily occupies that office.
  1. The Malta College of Arts, Science and Technology, established by public deed of the 11 th August, 2000, is being reestablished and incorporated in this Act to implement the mission to provide studies and training for education in the vocational and professional sectors. Incorporation of the Malta College of Arts, Science and Technology. Added by: XIII. 2006.
  2. 87.
(1)The College shall be a body corporate having a distinct legal personality and shall be capable, subject to the provisions of this Act, of entering into contracts, of acquiring, holding and disposing of any kind of property for the purposes of its functions, of suing and being sued, and of doing all such things and entering into all such transactions as are incidental or conducive to the exercise or performance of its functions under this Act. Legal personality and juridical representation of the College. Added by: XIII. 2006.15.
(2)The legal and juridical representation of the College shall vest in the Principal, provided that the Board of Governors may appoint any one or more of its members or of the officers or employees of the College to appear in the name and on behalf of the College in any judicial proceedings and in any act, contract, instrument or other document whatsoever. 88. Maltese and English are the official languages of the College. The College administration may use either of both languages for official purposes. Official languages. Added by: XIII. 2006.15. 89.
(1)The College shall in a general manner ensure the existence of educational institutions accessible to all, and to establish such facilities and such programmes of education and training, and of work and practical experience which the College may deem necessary to provide all with the opportunity to qualify in trades, skills, artisan or technical or commercial activities, and in the professions according to the socio-economic needs of the country in a lifelong learning curriculum framework and holistic personal development. Purpose of the College. Added by: XIII. 2006.15. Amended by: XIII. 2012.24; XXVII. 2016.6.
(2)The College shall organise instruction and training at the required levels, including the levels established by the National Commission for Further and Higher Education.
(3)The College shall ensure optimum quality at all levels, and shall therefore ensure that whosoever successfully terminates any instruction and training leading to the attainment of a certificate at any level shall have the required educational basis so as to be able EDUCATION to satisfy the established standards before proceeding any further to the next level.
(4)The College shall ensure, in such areas as may be possible and according to the possibilities of the College, access to each person at first level independently of any academic qualifications, and shall have special programmes to serve as an aid for any person to achieve the required basic education so that such person may continue and terminate successfully such level according to established standards, and with this aim the College shall accredit prior learning.
(5)The College shall provide teaching and training programmes to help persons acquire qualifications according to their needs, including by distance learning and other programmes which are imparted by any effective means and from any suitable place whatsoever according to the objective of the particular programme.
(6)The College shall in a particular manner: (
  1. a)promote Malta’s vision as a hub of cultural, industrial, commercial and services activity for other regions of the world and in particular for the Euro-Mediterranean region; (
  2. b)train its students in being able to appreciate and exploit the challenges and opportunities which the accelerated process of the global economy is bringing along with it as a result of the advances being made in the areas of communication, information technology and science; (
  3. c)cultivate a culture of creativity, innovation, entrepreneurship, excellence and flexibility sustained by the values of commitment, dedication and integrity at a person’s place of work and in the exercise of a profession; (
  4. d)foster among students a commitment towards health and safety at the place of work, and towards professionalism; (
  5. e)respond at a relevant time and in a relevant manner to the needs of the labour market by networking an effective partnership at all levels of educational and training experience with the economic, industrial and services sectors, while being aware that the greater part of enterprises are small or medium sized; (
  6. f)ensure the implementation of the principles of inclusive education by providing an equitable access to all persons in full respect of any diversity; (
  7. g)attribute the necessary importance to research and development in the areas of applied arts, science and technology; (
  8. h)show that both academic and vocational education form an integral part of an educational process for the EDUCATION holistic development of a person, and that they should enjoy parity of esteem; (
  9. i)develop curricula, of study and training based on the concept of lifelong learning; leading to certificates based on the knowledge and competences demanded by the labour market; (
  10. j)ensure that the quality and standards of courses and of certificates awarded are recognised at both national and international levels; (
  11. k)be guided by the national policies and strategies as adopted from time to time by Government in each and every section; (
  12. l)participate in bilateral and regional exchange programmes and particularly in the educational and training programmes of the European Union in which Malta participates from time to time.
(7)The College shall function in proactive coordination with the other educational entities referred to in this Act, Jobsplus, constituted bodies, trade union organisations and the other national organs and agencies which participate in the social and economic development of the country. 90. The College shall: (
  1. a)through instruction and training in the subjects of arts, science, technology, technical knowledge and trades, to guide students enrolled in any of its courses in the development of the required skills, competences and proficiency for the exercise of jobs, professions and callings in the economic, industrial and services sectors; (
  2. b)on its own, or together with other institutions, whether public or private, local or foreign, organise such courses of instruction and training as it may deem necessary or expedient; (
  3. c)on its own, or together with other institutions and organizations, organise such cultural, sports and pastoral activities for the better formation and enrichment of an individual’s personality; (
  4. d)establish such Institutes, and such entities, schools, departments, centres and programmes which it may deem necessary and it shall supervise the administration thereof; (
  5. e)subject to the provisions of article 89
(4), establish the conditions for admission to the Institute and to any other programme of studies and training, and of practical and work experience and prescribe the required regulations concerning examinations and the modalities of instruction and training in such courses; (
  1. f)provide for adequate procedures for the certification of persons who have reached the necessary proficiency in Powers and functions of the College. Added by: XIII. 2006.15. EDUCATION the several areas of study and training; (
  2. g)award such degrees, diplomas, certificates or other distinctions which it may deem suitable to such candidates who satisfy the prescribed conditions after following the required study courses; (
  3. h)establish the teaching and training posts or act otherwise as may be required from time to time and appoint persons to such posts; (
  4. i)establish and maintain as due, libraries, laboratories, workshops. services and other facilities required for teaching, training, experimentation, research and the dissemination of knowledge, science and technology; (
  5. j)establish internal auditing schemes which ensure the quality of education and training being imparted and the effective use of resources; (
  6. k)make regulations concerning the performance and the conduct of students, teachers and other persons entrusted with rendering any service at the College, whether engaged by an indefinite or a definite contract of service, or by a contract for services, or if seconded or on loan to the College by government, public or private entities; (
  7. l)administer the property, resources and funds allotted to it from time to time by the Government with an aim of accomplishing the College programmes, including such other funds as it may receive or raise from other sources; (
  8. m)do anything required to be done so as to accomplish its objects according to this Act. Governing body and officers of the College. Added by: XIII. 2006.15. 91.
(1)The governing bodies of the College shall be the following: (
  1. a)the Board of Governors; (
  2. b)the Council of the Institutes; (
  3. c)the Administrative Bureau; (
  4. d)the Boards of Studies of the Institutes; (
  5. e)the Partnership Office.
(2)The principal officers of the College are: (
  1. a)the President of the Board of Governors; (
  2. b)the Principal; (
  3. c)the Deputy Principals; (
  4. d)the Registrar; (
  5. e)the Administrative Director; (
  6. f)the Heads of the Institutes; (
  7. g)the Head of the Partnership Office; (
  8. h)the Librarian; and EDUCATION (
  9. i)the Financial Controller.
(3)There shall be other officers as may be established by the Board of Governors from time to time. Such officers shall be responsible to the Principal for the conduct of their respective duties. 92.
(1)The Board of Governors shall be composed of not less than seven and not more than nine members to be appointed by the Minister for a period of three years and the members shall be eligible to be re-appointed after their term of office expires. The members of the Board shall serve in their personal capacity.
(2)The Minister shall appoint from among the members a President and a Deputy President. In the case when the President is abroad or for any other reason, for a temporary period, is unable to perform his functions, the Deputy President shall act as President and shall perform the powers and functions of the President.
(3)The Principal has a right to attend the meetings of the Board without having a right to vote, provided that he shall withdraw from each meeting where matters connected with his performance or contract of work are discussed.
(4)The members of the Board of Governors shall be persons h a v i n g c o m p e t e n c e o r e x p e r i e n c e i n t h e e d u c a t i o n s e c t o r, vocational training, the economy, industry and services sectors or in the social sectors, and who, in the opinion of the Minister, possess leadership qualities, and have an understanding of the importance of vocational education and training within the context of general socio-economic development.
(5)A member of the Board of Governors may at any time be removed from office by the Minister on the grounds of inability to perform the functions of his office as required, either because of mental or physical illness, or for any other reason due to which the member would no longer be fit to occupy such office or due to bad conduct.
(6)A member of the Board may resign from his office through a letter addressed to the Minister. If any member tenders his resignation or is removed from his office by the Minister or should the office of any member of the Board become in any manner vacant, the Minister may appoint a qualified person to take up this post and any person who is so appointed shall keep on occupying that post up to the termination of the term of office of the person being so substituted and such person shall be eligible to be reappointed.
(7)A member of the Board of Governors having a direct or indirect interest in any contract made or proposed to be made by the Board of Governors, or any financial interest or otherwise in any enterprise or activity which may affect the performance of his functions as a member in this Board, shall reveal the kind of his interest in the first sitting of the Board of Governors after having come to know of the relevant facts. Such matters as are revealed are to be registered in the minutes of the sitting of the Board, and the member concerned shall withdraw from the sitting while such Composition of the Board of Governors. Added by: XIII. 2006.15. EDUCATION contract or matter in which he has an interest is being discussed. Such matters as have been revealed are to be forwarded to the Minister without delay. When such interest as the member may have is such that it may lead to his removal from office, the member shall immediately report the fact to the Minister and offer to tender his resignation, without prejudice to the Minister’s power to remove such member from the Board.
(8)Any absence or vacancy among the members of the Board of Governors, or any participation in its meetings by any person who is not entitled to such act, does not invalidate the procedures of the Board, insofar as there is a quorum of not less than one-half of the number of members of the Board plus one.
(9)Subject to the provisions of this Act and of any regulations made thereunder, the Board of Governors may appoint committees and generally regulate its own procedures.
(10)The Board of Governors shall appoint a Secretary to keep minutes and a record of the meetings and of its decisions.
(11)The Board of Governors shall take all necessary precautions and treat information on commercially sensitive matters in a highly confidential manner in its relations with both public and private institutions.
(12)The Minister may, after consulting the President of the Board of Governors, make regulations regarding the procedures to be adopted by the Board of Governors in the course of its operations. Functions and powers of the Board of Governors. Added by: XIII. 2006.15. Amended by: XIII. 2012.25. 93.
(1)The Board of Governors shall be the highest governing body of the College and shall have the duty of performing the objectives and to exercise the powers of the College as laid down in the provisions of this Act, and shall in particular have the following functions: (
  1. a)to acquire, administer and control the resources, facilities and property, both movable and immovable, of the College; (
  2. b)to establish Institutes, departments, centres, programmes and other educational and training entities for the due performance of the educational and training tasks and of interdisciplinary co-operation; (
  3. c)to distribute between the several Institutes and other educational and training entities within it the resources available to the College by way of funds and by way of premises, facilities, services, equipment and persons; (
  4. d)to supervise the expenditure and the administration of the College at all levels and to approve the annual budget proposals to be submitted to the Minister within a given time; (
  5. e)to appoint a Principal, and on his advice, also to appoint the Deputy Principals, the Heads of the Institutes and of other educational and training entities, on the basis of a definitive contract, and to set EDUCATION up, and abolish, any post of an academic, technical or other nature; (
  6. f)to make statutes, rules and other procedures in terms of the provisions of this Act; (
  7. g)to appoint Maltese or foreign examiners according to pre-established statutes and procedures, and to ensure that payment is effected for their services; (
  8. h)to ensure that proper academic and training levels are retained and improved on, and to establish and supervise internal auditing schemes which ensure the quality of education; (
  9. i)to enter into such agreements as appear to it necessary with sectors of economic activity in the country and with institutions in Malta and overseas for the better achievement of the objectives of the College; (
  10. j)to do anything which it may deem necessary to be done to achieve the objectives of the College and to execute the powers and functions of the College which have not been previously vested in another governing body of the College: Provided that the Institutes, departments, centres, programmes on other education and training entities as referred to in paragraph (
  11. b)may be established by the Board of Governors, following consultation with the Council of Institutes, and their establishment, statutes and regulations are to be deemed to have come in force on that date that the Minister may by notice establish in the Gazette.
(2)The Board of Governors shall also approve the curricula and the syllabi submitted by the Institute and by each educational and training entity within it and, where it deems it so necessary, to revert same to such Institutes or entities together with its advice about any proposed amendments.
(3)The Board of Governors shall, where so approved by the National Commission for Further and Higher Education, certify the capabilities for the exercise of a trade, calling and profession, and also of proficiency in any trade, technical work, technology, or any other commercial or economic activity.
(4)The Board of Governors shall ensure that the qualification degrees, diplomas, distinctions and certificates of the College are recognised both at a national and at an international level, and that, wherever applicable, are related to the standards established by the National Commission for Further and Higher Education.
(5)The Board of Governors shall meet at least once every two months with a quorum of not less than one-half of the number of members of the Board plus one. 94. The Council of the Institutes shall be constituted of the following members: (
  1. a)the Principal who presides ex officio; Composition of the Council of the Institutes. Added by: XIII. 2006.15. EDUCATION (
  2. b)the Deputy Principals ex officio; (
  3. c)the Registrar ex officio; (
  4. d)the Administrative Director ex officio; (
  5. e)the Heads of the Institutes ex officio; (
  6. f)the Head of the Partnership Office ex officio; (
  7. g)the Librarian ex officio; (
  8. h)two members elected by and from among the College teaching staff; Functions of the Council. Added by: XIII. 2006.15. (
  9. i)two members elected by and from among the College students; and (
  10. j)four members appointed by the Minister. 95.
(1)The Council shall be responsible for the general direction of the vocational and professional education and training of the College, and shall have the following functions: (
  1. a)to regulate by means of regulations the programmes of studies, training, research, documentation and examinations at the College and to establish such degrees, diplomas, certificates and distinctions for such candidates satisfying the prescribed conditions after following the required courses of studies and training; (
  2. b)to decide about the persons to whom the academic, vocational and professional degrees, diplomas, certificates and other distinctions shall be awarded; (
  3. c)to establish, subject to the provisions of this Act, the entry conditions to the College; (
  4. d)to give recognition, following a recommendation by the competent authorities according to law, to such degrees, diplomas, certificates and distinctions of other universities or educational institutions; (
  5. e)to give advice to the Board of Governors on any matter related to vocational and professional education or training; (
  6. f)to deal about any other matter which refers to education and training and as may arise in the administration of the College.
(2)The Council shall meet at least every six weeks and the quorum for the meetings shall be of not less than one-half of the number of members of the Board plus one. Composition of the Administrative Bureau. Added by: XIII. 2006.15. 96. There shall be an Administrative Bureau of the College which shall be constituted of the following persons: (
  1. a)the Principal who shall be Chairperson; (
  2. b)the Deputy Principals; (
  3. c)the Registrar; (
  4. d)the Administrative Director; EDUCATION (
  5. e)the Head of the Partnership Office; and (
  6. f)97. to: the Financial Controller. The Bureau shall meet at least every four weeks in order (
  7. a)ensure that the policies, strategy and decisions adopted by the Board of Governors and by the Council are actuated; Functions of the Bureau. Added by: XIII. 2006.15. (
  8. b)ensure dialogue, co-ordination and the effective functioning of the governing bodies, structures, officers and employees of the College; (
  9. c)under the direction of the Principal, and without prejudice to any of the provisions of this Part, take care of all the matters related to the process of selection and engagement of the personnel the College may from time to time require, and to propose for the approval of the Principal the nominations of the persons so selected; (
  10. d)to pay any wage, salary or remuneration to the members of the College staff according to scales which the Board of Governors establishes with the approval of the Minister; (
  11. e)adopt all necessary measures to apply the disciplinary procedures and the auditing and quality assurance schemes of all operations within the College; (
  12. f)ensure the keeping of lively and proactive relations between the College and its partners in Malta and overseas. 98.
(1)Each Institute shall have a Board of Studies to be constituted of the following members: (
  1. a)the Head of such Institute who shall be president ex officio; (
  2. b)one of the Deputy Principals as may be decided by the Principal who shall be vice-president ex officio; (
  3. c)the Heads of the Departments of the Institute ex officio; (
  4. d)a member elected by and from among all the teaching staff of the Institute; (
  5. e)a member elected by and from among the students of the Institute; (
  6. f)two members appointed by the Minister from among persons recognised for their competence and experience in the educational and training area of such particular Institute; (
  7. g)representatives of foreign institutes with which the College may have partnership agreements; (
  8. h)a representative who is selected by the Minister from Composition of the Board of Studies of the Institutes. Added by: XIII. 2006.15. EDUCATION an economic sector having close ties with the area of studies and training of such particular Institute; (
  9. i)a representative of a professional body which is recognised by the Minister in the area of studies and training of such particular Institute.
(2)The Principal shall have the right to convene a meeting of the Board of Studies of any Institute whenever he may deem necessary and in such cases he shall preside the meeting. Functions of the Board of Studies. Added by: XIII. 2006.15. 99.
(1)The Board of Studies shall have the following functions: (
  1. a)to conduct the educational and training work of the Institute; (
  2. b)to establish the studies, the instruction to be imparted, the training and the research at the Institute, centre or programme for which it may be responsible, and to provide for the administration, publication and dissemination of the academic, training and development operations of the Institute and to allot the work to be done in such activities; (
  3. c)to draft and propose bye-laws relating to the Institute in terms of the provisions of this Act; (
  4. d)to nominate Maltese or foreign examiners in terms of previously established and approved procedures by the Board of Governors; (
  5. e)to prepare plans for the development of the Institute and to present them for the approval of the Council and of the Board of Governors.
(2)Bye-laws which are made by the Board of Studies shall be sent to the Council for its approval and shall not be presented to the Board of Governors to be issued unless they are so approved by the Council.
(3)The Board of Studies shall meet at least once every six weeks and the quorum of the meetings shall be of five members. Partnership Office. Added by: XIII. 2006.15. 100. There shall be a Partnership Office whose head shall be a person appointed for the purpose by the Board of Governors and who shall also be responsible for the bilateral and international relations at the College, including such matters as are related to Europe. The functions of the Partnership Office are: (
  1. a)to develop the necessary relations for the greater cooperation and synergy between the College and educational and training institutions, both public and private, operating in Malta; (
  2. b)to develop by agreement and suitable measures a proactive partnership between the College and its Institutes on one part, and the industrial and services economic sectors on the other; (
  3. c)to develop a partnership agreement between each EDUCATION Institute of the College on one part, and a foreign University, College or Institute which acquired recognition in the particular area of vocational and professional studies and training for which the Institute is responsible, on the other; (
  4. d)to ensure full participation in local and international exchange programmes and those of the European Union in which Malta participates; (
  5. e)to seek to obtain scholarships for the College students and to administer those scholarships which may be offered to foreign students; (
  6. f)to operate schemes which attract foreign students to College courses. 101.
(1)The President shall be the highest officer of the College and shall be responsible for ensuring that the College complies with this Act. Powers and duties of the President. Added by: XIII. 2006.15.
(2)The President shall issue the statutes, regulations and byelaws of the governing bodies of the College and may revert once to any governing body such statutes, regulations and bye-laws which in his opinion are not in terms of the law.
(3)The President shall whenever he deems it necessary, have the power to convene and preside the Board of Governors, the Council, the Administrative Bureau and the Board of Studies.
(4)Whenever the office of President is temporarily vacant, and until a new President is appointed, and whenever the holder of such office is absent from Malta or on vacation or is for any reason unable to perform the functions conferred upon him by this Act, those functions shall be performed by the Deputy President of the Board of Governors. 102.
(1)The Principal shall be the Chief Executive Officer of the College.
(2)The Principal, without prejudice to the powers vested in the governing bodies of the College by the provisions of this Act, shall have all the powers necessary for the governance and administration of the College, including the power to make such necessary appointments of officers and employees having an academic or technical background or of any other kind, for such period, under such conditions and in accordance with procedures established by the Board of Governors, including the power to decide upon any urgent matter of an educational or other nature: Provided that any such aforementioned decision effecting any power or function vested by this Act in a governing body of the College shall be registered by the Principal and put on the agenda of that governing body in its first meeting after such decision.
(3)The Principal shall exercise authority over the teaching staff, examiners, students, examination candidates, College employees, and whosoever is entrusted with rendering any service to the College, and he shall enforce discipline and the strict Powers of the Principal. Added by: XIII. 2006.15. EDUCATION observance of the provisions of the Act, of the Statute of the Institutes, bye-laws and other rules made by the competent bodies of the College.
(4)The Principal shall confer the degrees, certificates and other distinctions of the College. diplomas,
(5)The Principal shall ensure that, insofar as it depends on him, the governing bodies are regularly constituted, and that he provides for the organisation of such elections required by this Act, including that they actually be held as established and without undue delay.
(6)The Principal shall ensure that the governing bodies meet regularly as established by this Act and he shall be responsible for the planning and coordination of the activities of the different educational and training bodies and institutions and for the performance of the decisions of the competent authorities of the College. Deputy Principals. Added by: XIII. 2006.15. The Registrar. Added by: XIII. 2006.15. 103. The Deputy Principals shall perform such functions as are delegated to them by the Principal, including that they act on his behalf as may be necessary. 104. The Registrar shall: (
  1. a)assist the Principal in the day to day administration of the academic, educational and training programmes of the College, and he shall be responsible for the execution of the instructions of the Principal; (
  2. b)keep the College seal and also sign all documents on which the College seal is applied; (
  3. c)sign the documents which certify the academic and vocational awards given by the College and keep a full record thereof; (
  4. d)act as secretary to the Council and, either directly or through a delegate, to the Board of Studies; (
  5. e)be responsible for the records of all examinations held by the College and for the proper safekeeping of such records, and for keeping updated copies of the statutes, regulations and bye-laws; (
  6. f)keep the rolls of the members of the Board of Governors, Council, Board of Studies, examiners and students; (
  7. g)keep records of the educational and training activities of each student; (
  8. h)be responsible, after consultation with the Heads of the Institutes, for suitable arrangements about the teaching time-table; and (
  9. i)carry out such other duties as may be called for by the Principal according to the exigencies of the College. EDUCATION 105. The Administrative Director shall, under the direction of the Principal, be responsible for the administration and the day to day functioning of the College, its employees and all movable and immovable property, and, wherever applicable, he shall execute decisions made by the governing bodies of the College. Without prejudice to the provisions of this Act, the Administrative Director shall perform all other duties as he may from time to time be requested to perform by the Principal owing to the exigencies of the College. The Administrative Director. Added by: XIII. 2006.15. 106. The Librarian is entrusted with the administration of the Library and he shall: The Librarian. Added by: XIII. 2006.15. (
  10. a)be responsible for the proper cataloguing of books, both by author and by subject, for their maintenance and safe-keeping, and for the return of books issued on loan; (
  11. b)assist students in their research work; (
  12. c)undertake all correspondence concerning the Library; (
  13. d)keep a list of all visual and other aids available for teaching purposes and control the loan of such material in accordance with the relevant regulations; (
  14. e)present a report to the Library Committee on the working of the Library at the end of each academic year. 107.
(1)The Board of Governors shall during each financial year ensure the preparation and adoption of a budget of the revenue and expenditure of the College for the following year.
(2)The Board of Governors shall ensure the proper keeping of accounts and other records concerning its operations and transactions, and shall ensure that a relative statement of accounts is prepared for each financial year. Financing and control of the College finances. Added by: XIII. 2006.15.
(3)The College accounts shall be audited by one or more auditors appointed by the Board of Governors from time to time, while the financial administration of the College shall be subject to auditing by the Auditor General.
(4)The Board of Governors shall, not later than six months from the closing of each financial year, ensure that a copy of the audited statement of accounts, together with a report of the activities during that year of the College, is sent to the Minister together with a copy of the report made by the auditor or auditors about that statement, and the Minister shall without undue delay cause such statements and reports to be laid on the Table of the House of Representatives. 108.
(1)The Financial Controller shall, under the direction of the Principal or the Deputy Principal as delegated by the Principal, be responsible for the day to day administration of the College finances, reporting to the said Principal.
(2)In particular, the Financial Controller shall: (
  1. a)prepare - The Financial Controller. Added by: XIII. 2006.15. EDUCATION (
  2. i)the annual budget of revenue and expenditure; (
  3. ii)the annual comparative statement of revenue and expenditure; (iii) the annual balance sheet and statement of accounts; (
  4. b)be responsible for the collection of revenue and moneys due to the College; (
  5. c)exercise immediate control over expenditure out of approved provisions; (
  6. d)maintain adequate accounting systems embracing the whole of the financial operations of the College; (
  7. e)be responsible for all ordering and purchasing and for the control of stores and inventories; (
  8. f)carry out such internal auditing and control as he deems necessary; (
  9. g)in conjunction with the Principal or the Administrative Director, countersign bills of exchange, cheques, bank drafts, letters of credit and all other banking, financial and commercial documents, subject to any restrictions made by the Board of Governors; (
  10. h)discharge such other duties as may be called upon the Principal owing to the exigencies of the College. Staff appointments with formal duties of instruction or research. Added by: XIII. 2006.15. 109.
(1)The appointment of staff with duties of teaching, training and, or research shall be made in the grades of professor, associate professor, senior lecturer, lecturer, assistant lecturer, teaching assistant, research assistant or in any other grade approved by the Board of Governors according to the qualifications of the person being appointed.
(2)Posts may be advertised for appointments within specified grades.
(3)An appointment to a post with formal duties of teaching and, or, research shall be made by the Principal and confirmed by the Board of Governors. Official dress. Added by: XIII. 2006.
  2. The proper official dress which the principal officers of the College, instructors, graduates, students and other members of the College are expected to wear on official occasions shall be prescribed by regulations made by the Board of Governors following consultations with Council. Award of degrees and diplomas. Added by: XIII. 2006.
  3. 111.
(1)Degrees and diplomas shall be awarded at a public ceremony or, with the consent of the Board of Governors, at a private ceremony or in absentia.
(2)A candidate shall be eligible for the award of a degree or diploma only after certification by the Principal that all the conditions prescribed by statutes, regulations and bye-laws relevant to that degree or diploma have been fulfilled, and insofar as all other obligations and responsibilities of the candidate towards the College have also been satisfied. EDUCATION
(3)No person may be considered as holding a degree or diploma of the College unless such degree or diploma has been conferred as prescribed in sub-article
(1). 112.
(1)Any person holding office on a governing body of the College shall, unless otherwise specifically provided elsewhere in this Act, hold such office for a period of two years: Provided that any person holding office on a governing body of the College shall continue to hold that office, notwithstanding such person having terminated the relative period, until the time when an election is held or another person is appointed to occupy that office in his stead. Common provisions for the governing bodies of the College. Added by: XIII. 2006.15.
(2)Any governing body of the College may act notwithstanding any vacancy in its membership and quorum shall be computed as if there were no such vacancy.
(3)Any matter proposed for decision at any meeting of any governing body of the College shall be determined by a majority of the votes of the members present and voting, and if, on any such question the votes are equally divided, the presiding member shall have and exercise a casting vote. PART IX Officers and Staff of the Entities 113.
(1)Subject to the provisions of the Constitution and of any other enactment applicable hereto, including this Act, any entity, acting with the concurrence of the Minister, may appoint and employ such officials and other employees which may from time to time be required for the due and efficient performance of its functions. Added by: XIII. 2006.17. Staff appointments. Added by: XIII. 2006.17.
(2)Such appointment and employment of the said officials and employees shall be effected with such remuneration and upon such terms and conditions as the entity may, in concurrence with the Minister, from time to time, determine. 114.
(1)The Prime Minister may, at the request of any entity made with the concurrence of the Minister, from time to time direct that any public officer be detailed for duty with an entity in such capacity and with effect from such date and for such duration as may be specified in the Prime Minister’s direction.
(2)The period during which an order, as herebefore mentioned, shall apply in regard of an officer specified therein, unless the officer retires from public service or otherwise does not remain in office as from an earlier date, shall be such as may be specified in the order, unless such order is previously revoked by the Prime Minister.
(3)Where any officer is detailed for duty with an entity according to the provisions of this article, such officer shall, during the time in which such direction has effect in relation to him, be Status of public officers detailed for duty with an entity. Added by: XIII. 2006.17. EDUCATION under the administrative authority and control of the entity, but he shall for other intents and purposes remain and be considered and treated as a public officer.
(4)Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid (
  1. a)shall not during the time in respect of which he is so detailed (
  2. i)be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions of service attached to the appointment under the Government held by him at a date on which he is so detailed for duty; or (
  3. ii)be so employed that his remuneration and conditions of service are less favourable than those which are attached to the appointment under the Government held by him at the date aforesaid or which would have become attached to such appointment, during the said period, had such officer not been detailed for duty with the entity; and (
  4. b)shall be entitled to have his service with the entity considered as service with the Government for the purposes of any pension, gratuity, or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and of any other right or privilege to which he would be entitled, and liable to any liability to which he would be liable, but for the fact of his being detailed for duty with an entity.
(5)Where an application is made as provided in sub-article
(4)(a)(i), the same consideration shall be given thereto as if the applicant had not been detailed for service with the entity.
(6)The entity shall pay to the Government, where applicable, such contributions as may from time to time be determined by the Minister responsible for finance in respect of the cost of pensions and gratuities earned by an officer detailed for duty with the entity as aforesaid during the period in which he is so detailed. Offer of permanent employment to public officers detailed for duty with the entities. Added by: XIII. 2006.17. 115.
(1)An entity may, with the approval of the Prime Minister, offer to any officer detailed for duty with the said entity under the provision of article 114 permanent employment with the entity at a remuneration and on terms and conditions not less favourable than those enjoyed by such officer at the date of such offer.
(2)The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because they are not in all respects identical with or superior to those enjoyed by the officer concerned at the date of such offer, if such terms and conditions, taken as a whole, in the opinion of the Prime Minister, offer substantially equivalent or greater benefits. EDUCATION
(3)Every officer who accepts permanent employment with the entity, offered to him under the provisions of sub-article
(1), shall for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act, be deemed to have ceased to be in service with the Government and to have entered into service with the entity on the date of his acceptance, and for the purposes of the said Ordinance and of the said Act, so far as applicable to him, service with the entity shall be deemed to be service with the Government within the meanings thereof respectively.
(4)Every such officer as aforesaid who, immediately before accepting permanent employment with the entity was entitled to benefit under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit thereunder to all intents as if his service with the entity were service with the Government.
(5)The entity shall pay to the Government such contributions as may from time to time be determined by the Minister responsible for finance in respect of the cost of pensions and gratuities earned by an officer who has accepted permanent employment with the entity as aforesaid during the period commencing on the date of such officer’s acceptance.
(6)For the purpose of the Pensions Ordinance the pensionable emoluments of such public officer on retirement shall be deemed to be the pensionable emoluments payable to an officer in Govern ment service in a grade an d at an increm en tal lev el corresponding to the post and incremental level at which the officer retires from the entity.
(7)(
  1. a)For the purposes of this article posts and salary grades with the entity shall be classified in the most nearly corresponding grades and incremental levels in the service under the Government of Malta by reference to job description, skills, responsibilities and other analogous factors. (
  2. b)The classification referred to in paragraph (
  3. a)shall be carried out by a Board composed of a Chairperson appointed by the Ministry responsible for finance and two other members, one appointed by the Ministry responsible centrally for personnel policies in the public service and one appointed by the entity concerned. The classification shall be subject to the final approval of the Minister responsible for finance. (
  4. c)Such classification shall take place within three months of any adjustment of salaries of employees in Government service and, or of employees of an entity. (
  5. d)No post shall be classified in a grade higher than that of a Grade 3 in the service of the Government or such other grade that the Minister responsible for finance may from time to time by notice in the Gazette determine. Added by: XIII. 2006.18. Entities to meet expenditure out of revenue. Added by: XIII. 2006.18. EDUCATION (
  6. e)Without prejudice to the provisions of article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the said Pensions Ordinance less favourable than those to which he would have been entitled prior to such classification. PART X Financial Provisions 116.
(1)Without prejudice to the following provisions of this article, every entity shall so conduct its affairs that the expenditure required for the proper performance of its functions shall, as far as possible and practicable, be met out of its revenue.
(2)In case an entity registers any excess of revenue over expenditure, this excess shall, subject to such directives as the Minister, after consultation with the Minister responsible for finance, may from time to time give, be applied by the entity to the formation of reserve funds to be used for the purposes of the functions of the entity.
(3)Any funds of an entity not immediately required to meet expenditure may be invested in such manner as may from time to time be approved by the Minister. Advances from Government. Added by: XIII. 2006.
  2. The Minister responsible for finance may, after consultation with the Minister, make advances to the entity of such sums as he may agree to be required by the entity for carrying out any of its functions under this Act, and may make such advances on suc h t erm s and con dit io ns as h e m ay, af ter con sult atio n as aforesaid, deem appropriate. Any such advance may be made by the Minister responsible for finance out of the Consolidated Fund, and without further appropriation other than this Act, by warrant under his hand authorising the Accountant General to make such advance. Power to borrow or raise capital. Added by: XIII. 2006.
  3. Amended by: L.N. 424 of
  4. 118.
(1)For the purpose of carrying out any of its functions under this Act, the entity may, with the approval in writing of the Minister, given after consultation with the Minister responsible for finance, borrow or raise money in such manner, from such person, body or authority, and under such terms and conditions as the Minister, after consultation as aforesaid, may in writing approve.
(2)An entity may also, from time to time, borrow, by way of overdraft or otherwise, such sums as it may require by way of working capital for carrying out its functions under this Act: Provided that for any facility in an amount exceeding sixtynine thousand and eight hundred and eighty-one euro and twenty cents (69,881.20), there shall be required the approval of the Minister in writing. Borrowing from Government. Added by: XIII. 2006.18. 119.
(1)The Minister responsible for finance may, for any requirements of an entity of a capital nature, contract or raise loans, or incur liabilities, for such periods and on such terms and EDUCATION conditions as he may deem appropriate; and any sums due in respect of or in connection with any such loan or liability shall be a charge on the Consolidated Fund.
(2)Notice of any loans, liabilities or advances made or incurred under the foregoing provisions of this article shall be given to the House of Representatives as soon as practicable.
(3)Pending the raising of any such loan as is mentioned in subarticle
(1), or for the purpose of providing the entity with working capital, the Minister responsible for finance may, by warrant under his hand, and without further appropriation other than this Act, authorise the Accountant General to make advances to the entity out of the Treasury Clearance Fund under such terms as may be specified by the Minister upon the making thereof.
(4)The proceeds of any loan raised for the purposes of making advances to an entity, and any other moneys to be advanced to an entity under this article, shall be paid into a fund specially established for the purpose.
(5)Sums received by the Accountant General from an entity in respect of advances made to the entity under this article, shall be paid, as respects of amounts received by way of repayment into the Treasury Clearance Fund and, as respects amounts received by way of interest into the Consolidated Fund. 120.
(1)An entity shall cause to be prepared in every financial year, and shall not later than the end of September of each such year adopt, estimates of the income and expenditure of the entity for the next following financial yea: Provided that the estimates for the first financial year of each entity shall be prepared and adopted within such time as the Minister may by notice in writing to the entity specify.
(2)In the preparation of such estimates the entity shall take account of any funds and other monies that may be due to be paid to it out of the Consolidated Fund during the relevant financial year, whether by virtue of this Act or an appropriation Act or of any other law; and the entity shall so prepare the said estimates as to ensure that the total revenues of the entity are at least sufficient to meet all sums properly chargeable to its revenue account including, bu t w i t ho u t p r e j u d ic e t o t h e g e n e r a l i t y o f t h a t e xp r e s s i o n , depreciation.
(3)The estimates shall be made out in such form and shall contain such information and such comparison with previous years as the Minister responsible for finance may direct.
(4)A copy of the estimates shall, upon their adoption by the entity, be sent forthwith by the entity to the Minister and to the Minister responsible for finance. The Minister shall at the earliest opportunity and not later than six weeks after he has received a copy of the estimates from the entity, after consultation with the Minister responsible for finance, approve the same with or without amendment. The Minister shall as soon as practicable cause the total amount of these approved estimates to form an integral part of Estimates of entity. Added by: XIII. 2006.18. EDUCATION the Government General Estimates. Expenditure to be according to approved estimates. Added by: XIII. 2006.18. 121.
(1)No expenditure shall be made or incurred by an entity unless provision therefor has been made in the estimates approved as provided in article 120.
(2)Notwithstanding the provisions of sub-article
(1)(
  1. a)until the expiry of six months from the beginning of a financial year, or until the approval of the estimates for that year by the Minister, whichever is the earlier date, the entity may make or incur expenditure for carrying on its functions under this Act not exceeding in the aggregate one-half of the amount approved by the Minister for the preceding financial year; (
  2. b)expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister given after consultation with the Minister responsible for finance, be made or incurred in respect of another head or sub-head of the estimates; (
  3. c)in respect of the first financial year, the entity may make or incur expenditure not exceeding in the aggregate such amounts as the Minister responsible for finance may, after consultation with the Minister, allow; (
  4. d)if in respect of any financial year it is found that the amount approved by the Minister is not sufficient or a need has arisen for expenditure for a purpose not provided for in the estimates, the entity may adopt supplementary estimates for approval by the Minister, and in any such case the provisions of this Act applicable to the estimates shall as near as practicable apply to the supplementary estimates. Accounts and audit. Added by: XIII. 2006.18. 122.
(1)The entity shall cause to be kept proper accounts and other records in respect of its operations, and shall cause to be prepared a statement of accounts in respect of each financial year.
(2)The accounts of the entity shall be audited by an auditor or auditors to be appointed by the entity and approved by the Minister: Provided that the Minister responsible for finance may, after consultation with the Minister, require the books and accounts of every entity to be audited or examined by the Auditor General who shall for the purpose have the power to carry out such physical checking and other verifications as he may deem necessary.
(3)After the end of each financial year, and not later than the date on which the estimates of the entity are forwarded to the Minister under article 120
(4), each entity shall cause a copy of the statement of account duly audited to be transmitted to the Minister and to the Minister responsible for finance together with a copy of any report made by the auditor or auditors on that statement or on the accounts of the entity.
(4)The Minister shall, as soon as practicable, cause a copy of every such statement and report to be laid on the Table of the House EDUCATION of Representatives. 123.
(1)All monies accruing to the entity shall be paid into a bank or banks appointed as bankers by the entity with the approval of the Minister. Such monies shall, as far as practicable, be paid into any such banks from day to day, except for such sum as the entity may authorise to be retained to meet petty disbursements and immediate cash payments. Deposit of revenues and payment by the entity. Add

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.