📄 Legal text
FURTHER AND HIGHER EDUCATION
[ CAP. 607.
CHAPTER 607
FURTHER AND HIGHER EDUCATION ACT
AN ACT to establish the Malta Authority for Further and Higher Education
which Authority shall regulate further and higher educational institutions and
education providers.
1st January, 2021*†
ACT II of 2020, as amended by Act XXXIX of 2023.
1.
The short title of this Act is the Further and Higher
Education Act.
2.
In this Act unless the contents otherwise requires:
"accreditation" means the formal approval by the competent
authority established under this Act or any regulations made
thereunder, that the operation of a further or higher education
provider, or that an educational programme pegged against levels
within the Malta Qualifications Framework, meets quality standards;
"Authority" means the Malta Further and Higher Education
Authority established by this Act;
"award" means an accredited programme of studies awarded as
such and pegged to the Malta Qualifications Framework;
"certificate" means the confirmation of a completion of a
programme or learning outcome including formal, informal and nonformal;
"financial year" means the period of twelve (12) 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
(31) December of the following year;
"formal learning" means learning that occurs in an organised
and structured context and is explicitly designated as learning in terms
of objectives and outcomes, time or learning support. Formal learning
is intentional from the learner’s point of view and leads to formal
certification;
"function" includes any responsibility, power and duty;
*All provisions are in force excluding article 17, see Legal Notice 32 of 2021.
†Article 17 came in force with Legal Notice 63 of 2024.
Short title.
Interpretation.
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"further education" means all non-compulsory formal learning
which serves to obtain a national qualification classified up to and
including level 4 of the Malta Qualifications Framework, or a foreign
qualification at a comparable level;
"Government" means the Government of Malta;
"higher education" means all non-compulsory formal learning
or research which serves to obtain a national qualification classified at
level 5 or higher of the Malta Qualifications Framework, or a foreign
qualification at a comparable level;
"informal learning" means learning resulting from daily
activities related to work, family or leisure and which is not organised
or structured in terms of objectives, time or learning support. Informal
learning is in most cases unintentional from the learner’s perspective;
"learning" includes education and training;
"licence" means a licence issued to a provider in accordance
with the provisions of this Act or any regulations made thereunder,
authorising a provider to provide further or higher education in Malta;
"licence holder" means the person in whose name a licence is
issued under this Act;
"licensing" means the process in accordance with the
provisions of this Act or any regulations made under this Act for the
licensing and periodic reporting required from providers to establish
themselves or to attain or maintain a specific status, or to confer
national qualifications or foreign qualifications at a comparable level;
"lifelong learning" includes all kinds of learning activities that
an individual undertakes throughout life, with the aim of acquiring
certification and improving attitudes, values, knowledge, skills and
competences, and acquiring qualifications that enhance an
individual’s personal and social dimension as well as the prospects of
a better career;
"Malta Qualifications Framework" means the national
framework for lifelong learning, being the national instrument for the
development and classification of awards and qualifications according
to a set of criteria, established through descriptors and applicable to a
different set of levels, as provided by this Act or any regulations made
under this Act;
"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 this
Act, and "Ministry" shall be construed accordingly;
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"non-formal learning" means learning embedded in a planned
activity organised outside the formal educational system, which
activity is not explicitly designed as learning but which contains an
important learning component;
"prescribed" means prescribed by regulations made under this
Act;
"programme" means any course of study accredited by the
Authority which serves to obtain an award or a qualification classified
within the Malta Qualifications Framework or to a foreign recognised
and comparable qualifications framework;
"programme accreditation" means the formal approval of the
Authority in accordance with this Act, of the status, legitimacy and
appropriateness of a programme;
"provider" means any individual or body corporate licensed by
the Authority to provide education services in or from Malta;
"provision" means the act of providing further or higher
education in or from Malta, and includes full-time and part-time,
formal and informal taught, research or vocationally-oriented
programmes, distance learning, e-learning, partnerships with other
providers or business entities, sub-contracting of services, franchising
and offshore activities of a provider;
"public officer" has the same meaning as is given to it by article
124 of the Constitution;
"qualification" means an accredited programme of studies
awarded as such and pegged to the Malta Qualifications Framework;
"quality assurance" refers to one or more processes which:
(a)
safeguard the quality of further and higher
education within the economic, social and cultural context, on a
national, European and international level; and
(b)
enhance and ensure the use of approved measures
as a means of improving the quality of institutional governance
and the students’ well-being, teaching, learning, training and
research towards a holistic quality educational experience;
"quality assurance audit" means that it shall include an external
evaluation process of the internal quality assurance mechanisms
adopted by a provider and the provider’s adherence to any of his
obligations of licensing, accreditation and other requirements set forth
by the Authority in order to continuously monitor and improve the
operation of a provider or of a programme;
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Cap. 451.
"recognition" means any formal acknowledgment by the Malta
Qualifications Recognition Information Centre, established under
article 6 of the Mutual Recognition of Qualifications Act, or by any
other European Network of Information Centre or National Academic
Recognition Information Centre (ENIC-NARIC) of the accreditation
status and academic level of an academic qualification.
Establishment of
the Malta Further
and Higher
Education
Authority.
Cap. 327.
3.
(1)
The National Commission for Further and Higher
Education established by means of the Education Act is being reestablished and incorporated in this Act as the Malta Further and
Higher Education Authority, hereinafter referred to as "the Authority",
to seek to promote and develop further and higher education in Malta
by means of regulation and by the promotion of best practices, and the
Authority shall assume all the assets and liabilities, rights and
obligations previously vested in the National Commission for Further
and Higher Education.
(2) The Authority shall endeavour to achieve the following
objectives and policies:
(a)
licence and regulate further and higher education
providers in Malta;
(b)
promote and uphold quality education; and
(c)
advise the Government on any matter which is
connected with further and higher education.
(3) The Authority shall generally regulate, guide, evaluate,
verify, research and report on the various elements, including the
experience and the outcomes or results of the education system with
the aim of assuring quality education for all and in order to promote
good practices in all activities related to further and higher education.
In particular the Authority shall:
(a)
accredit
programmes;
education
providers,
and
their
(b)
act as the competent authority for granting of a
licence to further and higher educational entities accredited by
the Quality Assurance Committee established by virtue of
article 17, and, or by any other agency registered with the
European Quality Assurance Register for Higher Education
and, or by any other agency as may be prescribed, provided that
such agency has, in its accreditation, adhered to the Standards
and Guidelines for Quality Assurance in the European Higher
Education Area;
(c)
renew, refuse, suspend or revoke licences, and
establish the conditions under which a licence may be granted,
renewed, refused, suspended or revoked and the fees which
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may be payable in each case;
(d)
validate any learning provided in an informal or
non-formal manner and classify the evaluation at a level in
accordance with the Malta Qualifications Framework;
(e)
prescribe the fees to be paid in respect of the
issue, validation, renewal, extension or variation of any
certificate, licence, statement, external quality audit or other
document or the undergoing of any examination or test required
by this Act or any regulations, directive or order made
thereunder and in respect of any other matters in respect of
which it appears to the Authority to be expedient for the
purpose of the Act, regulations, directive or order to charge
fees;
(f)
regulate the manner and conditions for the issue,
validation, renewal, extension or variation of any certificate,
licence or other document required by this Act or any
regulations, directive or order made thereunder, and as to the
form, custody, production, cancellation, suspension,
endorsement and surrender of any such document;
(g)
appoint its officers or employees to supervise the
implementation of and, where necessary, to enforce this Act or
any regulations made thereunder or deemed to be made
thereunder or other laws relating to education;
(h)
review qualifications for the purposes of
recognition and pegging to the Malta Qualifications
Framework;
(i)
request information for the purpose of research
and statistics;
(j)
compile and keep up-to-date records of such data
as it may deem appropriate in connection with its functions;
(k)
by means of regulations, establish and impose
tariffs, fees and administrative penalties;
(l)
prohibit, control and regulate the presence of any
persons in determined establishments on grounds of safety and
security;
(m)
carry out or give effect to any international treaty
or other international agreements relating to education to which
the Government is or intends to become a party; and
(n)
carry on such business and other activities, do all
such things and enter into all such transactions as appear to the
Authority to be necessary, convenient or advantageous for it to
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carry on or perform or enter into, for or in connection with the
discharge of its functions, or as appear to the Authority to be
incidental or conducive thereto.
Powers of the
Authority.
4.
The Authority shall, for the purpose of the proper
implementation and enforcement of its obligations under this Act,
have the power to enter and search any educational premises, to have
access to any relevant document in any form, to require any person to
supply any relevant information, to carry an on-site inspection, to
issue an order to any person to cease from doing anything which
constitutes an infringement of this Act or of any regulation or order
made thereunder and to demand from any person a commitment to
desist from doing any such thing and to publish any decision of the
Authority related to the said provisions of this Act, regulations or
orders.
Access to
information and
request for data.
Cap. 586.
5.
(1)
Without prejudice to the generality of the power
conferred in article 4, this article and the data protection provisions
established by virtue of Regulation (EU) 2016/679 (the General Data
Protection Regulation) and the Data Protection Act, the Authority
shall have access to all pertinent information available to educational
institutions and it shall have the right to request all data it may require
to perform its functions both from public and private providers and
this data shall be transmitted to it within a reasonable time from when
it was requested.
(2) The Authority shall have access to statistics and to
opportune economic and social data, as required, so that the Authority
may be able to perform its functions in accordance with this Act.
Legal personality
of the Authority.
6.
(1)
The Authority shall be a body corporate having a
distinct legal personality and shall be capable 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 or any other Act.
(2) The legal and judicial representation of the Authority
shall vest in the Chairperson, provided that the Authority may appoint
any one (1) or more of its members or any one (1) or more of its
officers or employees, to appear in its name and on its behalf in any
judicial proceedings and on any act, contract, agreement or other
document whatsoever.
Cap. 595.
(3) Public officers deployed with the Authority shall be
deemed to be detailed with the Authority in accordance with the
provisions of article 33 of the Public Administration Act.
Conduct of affairs
and business of the
Authority.
7.
(1)
Subject to the other provisions of this Act, the
affairs and business of the Authority shall be the responsibility of the
Board of the Authority, hereinafter referred to as "the Board", but,
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save as aforesaid, the executive conduct of the Board’s affairs and
business, the Authority’s administration and organisation and the
administrative control of its officers and employees, shall be the
responsibility of the Chief Executive Officer of the Authority, who
shall also have such other powers as may from time to time be
delegated to him by the Board.
(2) The Authority may exercise any of its functions or
responsibilities either directly or through any of its officers or
employees authorised by the Board for the purpose, or through a
contractor or other person with whom agreement for the performance
of any one (1) or more of such functions or responsibilities has been
entered into.
8.
(1)
The Board shall be composed of not less than six
(6) members and not more than nine (9) members who shall be
appointed by the Prime Minister.
(2)
Composition of the
Board.
Amended by:
XXXIX.2023.2.
The Board shall be composed of the following members:
(a)
up to six (6) persons who possess leadership
qualities, and have an understanding of further and higher
education within the context of the general socio-economic
development, nominated by the Minister;
(b)
one (1) person representing persons with
disability nominated by the Commission for the Rights of
Persons with Disability;
(c)
the Chairperson of the Quality Assurance
Committee referred to referred to in article 17; and
(d)
a student following a full programme of studies
at MQF Level 7 or higher.
(3) The Prime Minister shall nominate a Chairperson and a
Deputy Chairperson from amongst the members of the Board. In the
case where the Chairperson is abroad or for any other reason, for a
temporary period, is unable to perform his functions, the Deputy
Chairperson shall act as Chairperson and shall perform the powers and
functions of the Chairperson. This also applies in the case of a
resignation or removal of the Chairperson, until a new Chairperson is
appointed.
(4) The Board shall appoint a Secretary to keep minutes and
a record of the meetings and of its decisions. The secretary shall not be
a member of the Board.
9.
A person shall not be qualified to be appointed or hold
office as member of the Board if such person:
(a)
is a member of the House of Representatives; or
Disqualification.
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(b)
is a serving as a judge or magistrate; or
(c)
is legally incapacitated; or
(d)
has been declared to be in a state of bankruptcy
or has entered into a composition or agreement with its
creditors; or
(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
(f)
has any financial or other interest in any
enterprise or activity which may affect the performance of his
functions as a member of the Board.
Conflict of
interest.
10. Any member of the Board who has any direct or indirect
interest in any matter or situation being considered by the Board, not
being an interest which disqualifies such member from remaining a
member, shall disclose the nature of his interest at the first meeting of
the Board after the relevant facts have come to his knowledge. Such
disclosure shall then be recorded in the minutes of the meeting, and
the member having an interest as aforesaid shall withdraw from any
meetings at which such matter or situation is discussed. Any such
disclosure shall be communicated to the Prime Minister without delay.
Where, in the opinion of the Prime Minister, the interest of the
member is such as to disqualify him from remaining a member, the
Prime Minister may terminate his appointment as a member of the
Board.
Term of office.
11. (1)
Every member of the Board shall hold office for
a term of three (3) years and may be re-appointed at the end of his
term of office.
(2) Subject to the provisions of this article, the office of
member of the Board shall be deemed to be vacant:
(a)
on termination of the term of his appointment; or
(b)
should there arise circumstances which, were this
person not be a member of the Board, such person would be
disqualified from being appointed as such.
(3)
A member of the Board may at any time be removed or
suspended from office by the Prime Minister after a recommendation
by the Authority 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.
(4) A member of the Board may resign from his office
through a letter addressed to the Prime Minister. If any member
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tenders his resignation or is removed from his office by the Prime
Minister or should the office of any member of the Board become in
any manner vacant, the Prime Minister may, after nomination by the
relevant sector, 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 re-appointed.
(5) Any absence or vacancy among the members of the
Board, or any participation in its meetings by any person who is not
entitled to such participation, shall not invalidate the proceedings 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.
12. (1)
The meetings of the Board shall be called by the
Chairperson as often as may be necessary but at least once every
month either on his own initiative or at the request of any two (2) of
the other members.
Provisions with
respect to
proceedings of the
Board of the
Authority.
(2) The quorum for meetings of the Board shall be half the
number of its members plus one, one of whom shall be the
Chairperson or the Deputy Chairperson.
(3) Decisions of the Board shall be taken by a majority of the
votes of the members present. In the case of parity of votes cast, the
Chairperson shall also have a casting vote.
(4) Subject to the provisions of this Act and of any
regulations made thereunder, the Board shall, in general, regulate its
own proceedings.
(5) The Board shall establish procedures for the proceedings
of meetings of the Committee established under article 17.
(6) Subject to the provisions of this Act and of any
regulations made thereunder, the Board may appoint committees or
working groups as it deems appropriate in order to better discharge its
functions.
(7) The Authority 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. (1)
The Authority shall, through a public call,
appoint a Chief Executive Officer under such terms and conditions as
the Authority may establish. The Chief Executive Officer shall act in
accordance with such policies as established by the Authority and
such instructions as may be given to him by the Authority. The Chief
Executive Officer shall be responsible for the day-to-day running of
the Authority and shall report to the Board on such matters whenever
Appointment and
duties of the Chief
Executive Officer
and other officers.
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requested.
(2) The Authority may also appoint any such officers and
employees as necessary in order to perform its functions and duties
under this Act.
(3) The engagement and the termination of the engagement
of the officers and employees of the Authority shall be the
responsibility of the Authority.
(4) The Chief Executive Officer shall report to the
Chairperson and to the Board and attend the Board’s meetings as a
non-voting member.
Officers.
14. The Authority shall have such regulatory officers and
other officers as are necessary for the execution of its functions for the
general implementation of this Act or of any regulations made
thereunder.
Appointment of
officers and
employees.
15. Without prejudice to the other provisions of this Act, the
appointment of officers and other employees of the Authority shall be
made by the Authority in accordance with relevant legislation and
directives. The terms and conditions of employment shall be
established by the Authority.
Detailing of pubic
officers for duty
with the Authority.
16. The Prime Minister may, at the request of the Authority,
from time to time direct that any public officer shall be detailed for
duty with the Authority in such capacity and with effect from such
date as may be specified in the Prime Minister’s direction.
Quality Assurance
Committee.
Amended by:
XXXIX.2023.3.
17. (1)
Without prejudice to anything that may be
provided for in this Act, there shall be a Quality Assurance
Committee, hereinafter referred to as "the Committee", which shall be
independent and autonomous in its decisions and shall be responsible
for quality assurance audits for further and higher educational
institutions.
(2) Decisions taken by the Committee are to be
communicated to the Board which shall take the decision relating to
licensing on the basis of the audits carried out by the Committee.
(3)
The Committee shall be appointed by the Board after a
public call, where the selection committee shall be made up from the
Chairperson of the Board, the Chief Executive Officer, or a
representative appointed by him, and the person responsible for the
Quality and Standards within the Authority. The Committee shall be
made up of the following members:
(a)
one (1) person in possession of a qualification at
MQF Level 8 in the Arts sector who shall be appointed for a
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maximum period of three (3) years;
(b)
one (1) person in possession of a qualification at
MQF Level 8 in the Science sector who shall be appointed for a
maximum period of three (3) years;
(c)
one (1) person in possession of a qualification at
MQF Level 8 in the Vocational Education sector who shall be
appointed for a maximum period of three (3) years;
(d)
two (2) persons having expertise in Quality
Assurance in Education who shall be appointed for a maximum
period of four (4) years;
(e)
a lawyer who has the necessary experience and
qualities according to law to be appointed as a magistrate who
shall be appointed for a maximum period of three (3) years;
(f)
one (1) person from the Medical sector or
ancillary professions who shall be appointed for a maximum
period of three (3) years;
(g)
two (2) students who are following a full
programme of studies leading to a qualification at MQF Level 7
or higher and who shall occupy the role for a maximum period
of two (2) years.
(4) The members referred to above shall elect from amongst
themselves a Chairperson and a Deputy Chairperson.
(5) The Committee established under this article shall
compile and send to the Authority an annual report, not later than four
(4) weeks after the end of each financial year, on its activities during
that year, including the policies, functions and future plans of the
Committee. Such reports shall be integrated with the annual report to
be compiled and sent by the Authority to the Minister.
(6) The provisions of article 9 shall, mutatis mutandis, apply
to the members of the Committee established under this article.
(7) The meetings of the Committee shall be called by the
Chairperson of the Committee as often as may be necessary but at
least once every month either on his own initiative or at the request of
any two (2) of the other members.
(8) The quorum for meetings of the Committee shall be half
the number of its members plus one (1), one (1) of whom shall be the
Chairperson or the Deputy Chairperson.
(9)
Decisions of the Committee shall be taken by a majority
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of the votes of the members present. In the case of parity of votes cast,
the Chairperson shall also have a casting vote.
(10) Any member of the Committee who has any direct or
indirect interest in any matter or situation being considered by the
Committee, not being an interest which disqualifies such member
from remaining a member, shall disclose the nature of his interest at
the first meeting of the Committee after the relevant facts have come
to his knowledge. Such disclosure shall then be recorded in the
minutes of the meeting, and the member having an interest as
aforesaid shall withdraw from any meetings at which such matter or
situation is discussed. Any such disclosure shall be communicated to
the Board without delay. Where, in the opinion of the Board, the
interest of the member is such as to disqualify him from remaining a
Committee member, the Board may terminate his appointment as a
member of the Committee.
Advisory
Committee.
18. There shall be an Advisory Committee to provide a
forum for consultation with stakeholders, which shall meet at least
twice a year and which shall be chaired by the Chairperson and, or the
Chief Executive Officer of the Authority. The Advisory Committee
shall be composed of representatives of private and public further
education institutions, of representatives of private and public higher
education institutions, of representatives of students, of
representatives of civil society, of representatives of the business
community, and of representatives of trade unions which represent the
majority of employees in the further and higher education sector.
Offences.
Cap. 9.
19. (1)
The Authority shall, in the case of persons found
guilty of any offence in relation to any licence, statement or any other
document issued by the Authority, in addition to the punishment for
such offences established in the Criminal Code, have the power to
revoke any such licence, or statement or any other document and shall
make public such revocation.
(2) Any person who infringes any provisions of this Act or
of any regulations made thereunder, and, or who fails to comply with
any directive or decision given by the Authority, shall be guilty of an
offence against this Act and shall be liable, on conviction, to a fine
(multa) which shall not exceed fifty thousand euro (€50,000) for each
offence and, or one hundred euro (€100) for each day of noncompliance from the date of a formal notice from the Authority.
Financial
provisions.
20. (1)
The Authority may levy all fees, rates and other
payments prescribed in its protocols or deemed to be prescribed by or
under this Act and, or any regulations made thereunder, or any other
law related to the powers and functions of the Authority.
(2) The Authority shall be paid by Government out of the
Consolidated Fund such sums as Parliament may from time to time
authorise to be appropriated to meet the costs of specified works to be
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continued and for the day to day running of the Authority.
21. (1)
The Authority shall cause to be prepared in every
financial year, and shall not later than six (6) weeks after the end of
each such year adopt, estimates of the income and expenditure of the
Authority for the next following financial year.
Estimates of the
Authority.
(2) In the preparation of such estimates, the Authority shall
take account of any funds and other moneys 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 of an Appropriation Act, or of any
other law; and the Authority shall so prepare the said estimates as to
ensure that the total revenues of the Authority are at least sufficient to
meet all sums properly chargeable to its revenue account, including,
but without prejudice to the generality of that expression,
depreciation.
(3) The estimates shall be made out in such form and shall
contain such information and such comparisons with previous years as
the Minister responsible for finance may direct.
(4) A copy of the estimates shall, upon their adoption by the
Authority, be sent forthwith by the Authority to the Minister and to the
Minister responsible for finance.
(5) The Minister shall, at the earliest opportunity and not
later than six (6) weeks after he has received a copy of the estimates
from the Authority (or if at any time during that period the House is
not in session within six (6) weeks from the beginning of the next
following session), cause such estimates to be laid before the House
together with a motion that the House approves the said estimates.
22. (1)
The Authority shall cause to be kept proper
books of account and other records in respect of the Authority’s
operations and shall cause to be prepared a statement of accounts in
respect of each financial year according to set accounting standards.
Accounts and
audit.
(2) The accounts of the Authority shall be audited by an
auditor or auditors to be appointed by it and approved by the Minister,
after consultation with the Minister responsible for finance:
Provided that the Minister responsible for finance may,
after consultation with the Minister, require the books and accounts of
the Authority to be audited or examined by the Auditor General.
23. (1)
Not later than three (3) months following the end
of each financial year, the Authority shall cause a copy of its financial
statements 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 these statements or on the accounts
of the Authority.
Transmission of
financial
statements to
Minister.
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(2) The Minister shall, as soon as practicable, cause a copy
of such statements and reports to be laid on the Table of the House.
Deposit of
revenues and
payments by the
Authority.
24. (1)
All monies received by the Authority shall be
paid into a bank or banks appointed as bankers of the Authority by a
resolution of the Authority. Such monies shall, as far as practicable, be
paid into any such banks from day to day, except such sum as the
Authority may authorise to be retained to meet petty disbursements
and immediate cash payments.
(2) All payments out of the funds of the Authority, other than
petty disbursements not exceeding a sum to be fixed by the Authority,
shall be made by such officer or officers of the Authority as it shall
appoint or designate for that purpose.
(3) Cheques against and withdrawals from any bank account
of the Authority shall be signed by such officer of the Authority as
may be appointed or designated by the Authority for that purpose and
shall be countersigned by the Chairperson, or such other member or
officer of the Authority as may be authorised by the Authority for that
purpose.
(4)
The Authority shall also make provision with respect to:
(a)
the manner in which, and the officer or officers
by whom, payments are to be authorised or approved;
(b)
the title of any account held with the bank or
banks into which the monies of the Authority are to be paid,
and the transfer of funds from one account to the other;
(c)
the method to be adopted in making payments
out of funds of the Authority; and
(d)
generally with respect to any matter which is
relevant to the proper keeping and control of the accounts and
books, and the control of the finance, of the Authority.
Power to make
regulations.
25. The Minister may, subject to the provisions of this Act,
make regulations to give effect to any of the provisions of this Act, or
to regulate or otherwise provide for anything in respect of the
functions and the activities which affect education according to this
Act, and may in particular, but without prejudice to the generality of
the aforesaid, make regulations for any of the following purposes:
(a)
to establish any fee and payment which may be
due by or under this Act, or for the services given in
compliance with the provisions of this Act;
(b)
to provide for any form or procedure which may
be required or expedient and about which there would be no
specific procedure in this Act;
FURTHER AND HIGHER EDUCATION
[ CAP. 607.
(c)
to establish rules by means of which the
Government may give effect to international conventions
relating to education and which have already been ratified by
the Government of Malta or in order to achieve compliance
with every international obligation pertaining to the
Government of Malta or with European Union Directives on
any matter or field concerning education and training;
(d)
to regulate the meetings of the Authority,
including procedures relating to a quorum, taking decisions by
means of voting, keeping of minutes and any other matter
ancillary thereto;
(e)
to provide for any incidental or supplementary
matter, including the power of entry and inspection of any
premises or place where instruction and teaching take place or
may take place in accordance with this Act, as the Minister may
deem expedient for the enforcement of any provision of this
Act and regulations made thereunder or to give greater effect
thereto;
(f)
to establish anything which is due to be or may
be established under this Act and to provide for any other
matter as may be deemed to be appropriate;
(g)
to establish the fines for any contravention or
breach of any provision of regulations made under this Act, or
for non- compliance with any provision or any requirement
imposed under such provision;
(h)
to make provision for any matter related to the
mutual recognition of professions;
(i)
to provide for processes of licensing,
accreditation, validation of non-formal and informal learning,
quality assurance and recognition;
(j)
to provide for processes for the validation of
informal and non-formal learning with the aim of such
validation to be classified at a level of the Malta Qualifications
Framework;
(k)
to regulate access to and gathering
information, statistics and data by the Authority;
(l)
of
to extend the functions of the Authority; and
(m)
to provide for the establishment and description,
from time to time, of the Malta Qualifications Framework.
15
16
[ CAP.607.
FURTHER AND HIGHER EDUCATION
Complaints.
Cap. 385.
26. Any complaint by the students or employees of public
providers of further or higher education on matters related to such
providers, as well as complaints by persons who have been refused
entry into any programme offered by such providers, shall be
addressed to, and be addressed by, the Ombudsman in accordance
with the provisions of the Ombudsman Act.
Repeal of certain
articles of the
Education Act.
Cap. 327.
27.* Part VI, comprising articles 63 to 71A, both articles
included, of the Education Act shall be repealed.
*Vide Legal Notice 31 of 2021.
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.