Chapter 321

[ CAP. 321. INĠINIERA 1 CHAPTER 321 INĠINIERA ACT To regulate the engineering profession and to provide for matters connected therewith or ancillary thereto. 22nd February, 1988; 1st June, 1988; 1st September, 1990; 1st December, 1993; 1st October, 1995; 1st December, 1998 ACT VII of 1988 as amended by Acts V of 1990 and XVIII of 2002; Legal Notice 424 of 2007; Act XXIII of 2009; and Legal Notice 335 of 2010, and Acts XXVII of 2017, XXI of 2020 and XLVIII of 2021. 1. The short title of this Act is the Inġiniera Act. Short title. Amended by: XLVIII.2021.2. 2. In this Act, unless the context otherwise requires - Interpretation. Amended by: XXIII. 2009.52; XXVII. 2017.2; XLVIII.2021.3. "Board" means the Board tal-Inġiniera established by article 6; "engineering services" means activities of design, specification, development, installation, commissioning, operation, maintenance and decommissioning of any mechanical, electrical, chemical process, information and related systems and such activities shall be carried out by or under the authorization and guidance of an inġinier who is a warrant holder, competent in the field as recognized by the Board; "establishment" means the actual pursuit of an economic activity, as referred to in Article 49 of the Treaty, by the service provider for an indefinite period and through a stable infrastructure from where the business of provision of engineering services is carried out; "European Union" shall have the same meaning assigned to it in the Treaty; "Inġinier" means any person who has obtained a warrant in terms of article 4 of the Act; "legal person" means a company or firm constituted under civil or commercial law, including a cooperative society, and other legal persons governed by public or private law, save for those which are non-profit-making, formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Union; "lifelong learning" means all general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting in an improvement in knowledge, skills and competences, which may include professional ethics; "Member State" means a Member State of the European Union; 2 CAP. 321.] INĠINIERA "Member State of establishment" means the Member State in whose territory the provider of the service concerned is established; "Minister" means the Minister responsible for works and, to the extent of any functions delegated to it by the Minister, includes the Board; "prescribed" means prescribed by regulations under this Act; "profession of inġinier" means the profession practised by an inġinier who is a warrant holder; "recipient of service" means any natural or legal person who is a national of a Member State or who benefits from the rights conferred upon him by Community Acts, or any legal person established in a Member State who, for professional or other purposes, uses or intends to use a service;" "reserved activities" means the certification of any engineering service of a mechanical or electrical nature, which may solely and exclusively be carried out by an inġinier, having a direct and specific link with the professional qualifications, such as the definition of the profession, the scope of activities covered by a profession or reserved to it, the use of titles and professional due diligence which is directly and specifically linked to consumer protection and safety, and such activities shall be carried out by, or under the authorisation and guidance of an inġinier who is a warrant holder, or a legal person competent in the field as recognised by the Board; "service provider" means a natural person who is a national of a Member State or a legal person established in a Member State who offers or provides a service in terms of the Services Directive; "Services Directive" means Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market; "Treaty" means the Treaty on the Functioning of the European Union; Conditions required to qualify for a warrant. Amended by: XXIII. 2009.53; XLVIII.2021.4. "warrant" means a warrant granted under article 4; and "warrant holder" shall be construed accordingly. 3. (1) No person shall practise the profession of inġinier unless he is the holder of a warrant issued under article 4. (2) A person shall not qualify for a warrant unless (a) he is a citizen of Malta or of a Member State or is otherwise legally entitled to work in Malta; (b) he is of good conduct; (c) he is of full legal capacity; and (d) he shall satisfy the Board that (i) he is in possession of such degree of the University of Malta or an equivalent academic qualification relating to the engineering INĠINIERA [ CAP. 321. 3 profession both of which, at the relevant time, are recognised by the Board to be sufficient for the purposes of this article; (ii) for the period of not less than one year before or after obtaining the qualification referred to in sub-paragraph (i) he has undergone practical engineering training approved by the Board; and (iii) for a period of not less than two years after obtaining the qualification referred to in subparagraph (i) he has trained in the practice of the profession under the supervision of a practising inġinier. (3) Notwithstanding the provisions of sub-article (2)(d), a person who on the 1st day of January, 1988 had already for a period of not less than fifteen years before that date occupied a responsible engineering position, may be exempted by the Board from having t h e r e q u i r e m e n t s o f s u b - a r t i c l e ( 2 ) (d ) , a n d a f t e r p a s s i n g a professional and academic assessment by the Board, may, if he satisfies paragraphs (a), (b) and (c) of that sub-article, be granted a warrant. (4) A request for the exemption referred to in sub-article (3) must be made to the Board not later than a year after the coming into force of this article*. (5) Sub-article (2) shall be interpreted in accordance with the Recognition of Professional Qualifications Regulations. 3A. (1) The Board shall acknowledge the receipt of an application for a warrant as soon as possible and in any case not later than one month from the date of the receipt of the application. If the applicant does not submit all the documentation, the Board shall inform the applicant accordingly. (2) The Board shall complete the procedure for examining applications as early as possible. The Board shall give its reasoned decision within three months after the date on which the complete application is received. The Board may extend this period by one month, provided that the applicant is notified prior to the expiration of the original period established in this sub-article. (3) In the event that the Board does not give its decision within the period established in sub-article (2), this shall not imply tacit approval of the application. (4) The acknowledgement referred to in sub-article (1) shall specify: (a) the time period within which the application shall be processed; (b) the available means of redress; and *Article 3(1) of came into force on 10th October, 1995, by virtue of Legal Notice 70 of 1995. Sub-articles (2) and (3) of the said article 3 came into force on 1st September, 1990, by virtue of Legal Notice 130 of 1990. Sub-article (4) was originally paragraph (b) of sub-article (3) and consequently came into force on 1st September, 1990, as part of sub-article (3). S.L. 451.03 Acknowledgement of receipt of an application. Added by: XXIII. 2009.54. 4 CAP. 321.] INĠINIERA (c) a statement that in the absence of a response within the specified time period, the authorisation shall not be deemed to have been granted. Warrant to practise as inġinier. Amended by: XXI of 2020; XLVIII.2021.5. 4. (1) The warrant to practise the profession of inġinier shall be issued by the Board to any person who satisfies the requirements of article 3(2), and, where applicable, the provisions of articles 3(3) and (4). (2) Without prejudice to the provisos to article 5B(6), any person who is exercising the profession in accordance with this Act may use the designation "Inġinier" or its abbreviation "Inġ." with his name, if he is a warrant holder. Grant of special licence to exercise profession of inġinier. Amended by: XXIII. 2009.55; XXI of 2020. 5. (1) Notwithstanding the provisions of article 3(2), the Board may grant a special licence to any person holding academic qualifications at least equivalent to those listed in article 3(2)(d) and who is a national of a country outside the European Union or the European Economic Area, and therefore does not fall within the ambit of articles 3 and 5B and holding foreign professional engineering qualifications acceptable to the Board, to exercise that profession in Malta for a definite time and for a particular purpose and subject to such other conditions as may be specified in the licence. (2) A person to whom a special licence is granted under the preceding sub-article shall be deemed to be a warrant holder during the time and for the purpose specified in the licence and the provisions of this Act and of any other law shall apply to him in the same manner and to the same extent like any other warrant holder. Regulations in relation to mutual recognition of qualifications. Added by: XVIII. 2002.10. Cap. 450. 5A. The Minister may make regulations for bringing into effect the provisions of the Mutual Recognition of Qualifications Act and subsidiary legislation issued thereunder, in relation to the mutual recognition of qualifications of inġinier. Temporary provision of services. Added by: XXIII. 2009.56. Cap. 451. Amended by: XXVII. 2017.3; XLVIII.2021.6. 5B. (1) Without prejudice to the Mutual Recognition of Qualifications Act and notwithstanding the provisions of article 3 of this Act, any person established in another Member State may practise the profession of inġinier in Malta on a temporary and occasional basis without being required to follow the procedures to obtain a warrant, provided that such person: (a) is legally established in another Member State for the purpose of pursuing the engineering profession in that Member State; and (b) has pursued that profession in one or several Member States for at least one year during the last ten years preceding the provision of services when the profession is not regulated in the Member State of establishment. The condition of one year’s pursuit shall not apply if the engineering profession is regulated. (2) Persons referred to in sub-article (1) shall inform the Board by means of a written declaration to be made in advance which INĠINIERA [ CAP. 321. shall include the following: (a) the details of an insurance cover or other means of personal or collective protection relative to professional liability. This declaration shall be made once a year if the applicant intends to provide temporary or occasional services during the year; (b) proof of the nationality of the applicant; (c) an attestation certifying that the person is legally established in a Member State for the purpose of pursuing the activities concerned and that he is not prohibited from practising the profession of inġinier even temporarily, at the moment of delivering the attestations; (d) evidence of professional qualifications; and (e) where applicable, any means of proof that the applicant has pursued the engineering profession for at least one year during the previous ten years immediately preceding the provision of services. (3) Where the Board, in exercising its authority under this article, deems that there is a substantial difference between the professional qualifications of the applicant and the academic qualifications required under article 3(2)(d)(i), to the extent that the difference is such as to be harmful to public health or safety, and that it cannot be compensated by the service provider’s professional experience or knowledge, skills and competences acquired through lifelong learning formally validated to that end by a relevant body, the Board shall give the applicant the opportunity to show, in particular by means of an aptitude test, that he has acquired the knowledge or competence which he lacks. (4) The Board shall assess the temporary and occasional nature of the provision of the reserved activities on a case by case basis. (5) No later than one month after receipt of the declaration and accompanying documents, referred to in sub-article (2), the Board shall inform the applicant of its decision: (a) not to check his professional qualifications; or (b) having checked his professional qualifications, to either require the applicant to take an aptitude test or to allow the provision of services. Where there is a difficulty which would result in delay in taking a decision under paragraph (b), the Board shall notify the applicant of the reason for the delay within the same deadline. The difficulty shall be solved within one month of that notification and the decision finalised within two months of resolution of the difficulty. In the absence of a decision by the Board within the said deadlines, the engineering services falling under this article may be provided. (6) A person exercising the profession under this article shall 5 6 CAP. 321.] INĠINIERA be deemed to be a warrant holder and the provisions of this Act and of any other law shall apply to him in the same manner and to the same extent as with any other warrant holder: Provided that reserved activities shall be provided under the professional title of the Member State of establishment, in so far as such title exists in that Member State for the reserved activity concerned. That title shall be indicated in the official language or one of the official languages of the Member State of establishment, in such a way as to avoid any conflict with the professional title in Malta. Where no such professional title exists in the Member State of establishment, the service provider shall indicate his formal qualification in one of the official languages of Malta: Provided further that where professional qualifications have been verified by the Board in terms of paragraph (b) of sub-article (5), the reserved activities shall be provided under the professional title of "Inġinier" or its abbreviation "Inġ." together with the service provider's name and the temporary licence registration number provided by the Board. (7) Where a national of a Member State has professional qualifications recognised by another Member State, but the scope of professional activities is narrower than those in Malta, and the difference between the fields of activity are such that a full programme of education and training would be required for the professional to compensate for the shortcomings, the Warranting Board may grant the candidate partial access to the profession for the purposes of establishment in Malta for temporary and occasional provision of services, provided that the professional so agrees: Provided that such qualified professional activity can be objectively separated from other activities falling under the profession: in this case, the exercise of the profession will be carried out under the professional title of the home Member State, as long as this does not create confusion for the recipients of the service in Malta. Engineering Board. Amended by: V. 1990.2; XXIII. 2009.57; XLVIII.2021.7. 6. (1) There shall be a Board, to be known as the Board talInġiniera, which shall consist of (a) a chairman to be appointed by the Minister from among persons who are or have been qualified to be appointed judges in Malta; (b) three members appointed by the Minister from among warrant holders, one of whom shall be a member of the academic staff of the Faculty of Engineering of the University of Malta; and (c) three members who shall be elected by secret ballot by warrant holders from among themselves: Provided that not more than two of the elected members shall be warrant holders practising in the same field of the profession. INĠINIERA [ CAP. 321. 7 (2) The Chairman and the appointed members of the Board shall hold office for such term not exceeding three years and under such conditions as may be set out in their letter of appointment. The elected members of the Board shall hold office for a period of two years. (3) The members of the Board shall, on the expiration of the term of their office, be eligible to be reappointed or re-elected, as the case may be. (4) When any vacancy in the Board occurs the Minister shall, as soon as practicable, in the case of an appointed member, appoint another person to fill the vacancy, and in the case of an elected member, cause an election to be held to fill the vacancy. (5) The number of members necessary to form a quorum shall be three, but, subject to the presence of a quorum, the Board may act notwithstanding any vacancy among its members. (6) The Minister may also designate a public officer to act as secretary to the Board, but such secretary shall not have a vote. (7) Save as aforesaid the Board may make its own rules and otherwise regulate its own procedure. (8) The Board shall, in the fulfilment of its functions, act independently and impartially. 7. (1) The functions of the Board are - (a) to consider applications for the issue of a warrant; (b) to hold enquiries regarding any charge of professional misconduct or abuse made against any inġinier in connection with the exercise of his profession or with professional matters, saving the provisions of the Criminal Code or of any other law; (c) to deal with cases leading to the suspension or withdrawal of a warrant, or of a special licence granted under article 5, as provided by or under this Act; (d) to advise, or make recommendations or otherwise express its views, to the Minister on any matter on which the Minister is to consult with the Board or on which the Board is to make recommendations to the Minister or on which the opinion or recommendation of the Board is sought by the Minister; (e) to perform such other functions as arise from this Act or any other law or as may be delegated to it by the Minister under this Act. (2) In the exercise of its functions under sub-article (1)(d) and (e), the Board may consult with such persons as it may deem appropriate, and in the exercise of its functions under sub-article (1)(c), (d) and (e), may also appoint committees, of which the Chairman shall be a member of the Board, for the carrying out of such studies or other work as the Board may assign to them. (3) The Board shall, not later than three months after the end of Functions of the Board. Amended by: XXI of 2020. Cap. 9. 8 CAP. 321.] INĠINIERA each year, publish in the Gazette a list of persons who, on the 31st December of the said year, were holders of a warrant issued under this Act. Such list may, with the approval of the Minister, be divided into separate parts, each part containing the list of warrant holders qualified in separate fields of engineering. Appeals. Added by: XXIII. 2009.58. Amended by: L.N. 335 of 2010. Cap. 490. 7A. (1) Decisions of the Board shall be subject to appeal before the Administrative Review Tribunal established by article 5(1) of the Administrative Justice Act. (2) When any person is dissatisfied with any decision of the Board taken in his regard, he may appeal to the said Tribunal against such decision not later than twenty days of service upon him of the Board’s decision. (3) The Administrative Review Tribunal may, in its determination on any appeal entered in accordance with sub-article (1), confirm, reverse or vary, in whole or in part, the original decision. Legal persons. Substituted by: XLVIII.2021.8. 8. (1) Any legal person established in Malta or in another Member State may provide engineering services in Malta, provided that any reserved activities are undertaken on behalf of the said legal person by a warrant holder, or by any person who is granted a special licence relative to such activities in terms of article 5, or by a person referred to in article 5B, provided that in the latter case, the requirements of article 5B have been complied with. (2) Without prejudice to any liability or obligations in terms of law of the legal person itself, the fact that reserved activities are undertaken on behalf of a legal person in terms of sub-article (1), by a warrant holder, or by any person who is granted a special licence under article 5, or by a person referred to in article 5B, shall not exonerate the said warrant holder, or special licence holder, or the person referred to in article 5B, from any liability or from their obligations in terms of law in respect of the reserved activities they have undertaken on behalf of the legal person. (3) The name of the warrant holder, or of the person granted a special licence in terms of article 5, or of the person referred to in article 5B, undertaking reserved activities on behalf of a legal person in terms of sub-article (1), shall be clearly identified in any formal communication or contract of service to the recipient of the service and on any marketing material related to reserved activities. INĠINIERA [ CAP. 321. 9. (1) Warrant holders, persons who are granted a special licence under article 5, and persons who exercise the profession of inġinier on a temporary and occasional basis in terms of article 5B, whose exercise of such profession of inġinier presents a direct and particular risk to the health or safety of the recipient or a third person, or to the financial security of the recipient, shall subscribe to professional liability insurance appropriate to the nature and extent of the risk, or provide a guarantee or similar arrangement which is equivalent or essentially comparable with regard to its purpose. In the case of persons who exercise the profession of Inġinier on a temporary and occasional basis in terms of article 5B, the provisions of article 6(1)(b) of the Services (Internal Market) Act shall apply: Provided that such professional liability insurance or guarantee or similar arrangement shall subsist, or be kept active for a minimum of five years from the date on which the relative reserved activity giving rise to the obligation to subscribe to professional liability insurance, or provide a guarantee or similar arrangement in terms of sub-article (1), shall have been completed. (2) Every person established in Malta shall be bound to be covered by a professional liability insurance, or provide a guarantee or similar arrangement under this article and shall each year, and within a week of taking out, amending or renewing such insurance, guarantee or similar arrangement, provide the Board with attestations of such cover issued by credit institutions and insurers established in a Member State: Provided that a person exercising the profession of inġinier in accordance with article 5B shall only be obliged to provide to the Board the declaration referred to in paragraph (a) of sub-article (2) of article 5B. (3) For the purpose of this article: "direct and particular risk" means a risk arising directly from the provision of the service; "health and safety" means, in relation to a recipient or a third person, the prevention of death or serious personal injury; "financial security" means, in relation to a recipient, the prevention of substantial losses of money or of value of property; "professional liability insurance" means insurance taken out by a provider in respect of potential liabilities to recipients and, where applicable, third parties arising out of the provision of the service. (4) The provisions of sub-article (1) shall not apply to a warrant holder who is employed by the public administration in respect of any activities or services, which according to the Laws of Malta may only 9 Provisions related to liability insurance applicable to warrant and special licence holders. Substituted by: XLVIII.2021.8. Cap. 500. 10 CAP. 321.] INĠINIERA be rendered by a warrant holder, and which he provides in the name of the public administration within the scope of his employment owing to the public administration being responsible for the obligations of the warrant holder that arise from sub-article (1), even if such employee does not remain employed in the public administration: For the purpose of this sub-article, "public administration" means the Government of Malta including its ministries and departments, the specialised bodies and the agencies, Government entities and the organizations in which Government has a controlling interest, whether or not such organization is established by law. Engineering services performed on a temporary and occasional basis. Substituted by: XLVIII.2021.8. 10. Every warrant holder or any person who is granted a special licence under article 5, or any person who exercises the profession of inġinier on a temporary and occasional basis in terms of article 5B, shall perform engineering services without undue influence and shall refuse to undertake any such services where his independence is compromised. Prohibited agreements. Substituted by: XLVIII.2021.8. 11. Any agreement or other arrangement with the intention to exempt a warrant holder, or any person who is granted a special licence under article 5, or any person who exercises the profession of inġinier on a temporary and occasional basis under article 5B, from any responsibility, liability or duty under the Inġineira (Amendment) (Amendment) Act, 2021, or under any other law, or to relieve them therefrom, except under an insurance, guarantee, or similar arrangement as provided under article 9, to indemnify them against any such responsibility, liability or duty, shall be null and void. 12. (1) A conviction by any competent court for any crime liable to imprisonment for a term exceeding one year, other than involuntary homicide or any other crime against the person excusable in terms of the Criminal Code, shall be a cause of perpetual disability to obtain or retain the warrant. Act No. XLVIII of 2021. Disqualification of warrant holder. Amended by: XXI of 2020. Cap. 9. (2) Such disability shall be declared by the Board by notice published in the Gazette and shall be communicated to the person disqualified, unless he has been interdicted by the sentence itself. (3) The Board may, at any time, by notice in the Gazette remove the disability declared by it. Withdrawal or cancellation of a warrant or a special licence. Substituted by: XLVIII.2021.9. 13. (1) A warrant or a special licence issued, granted or made under the provisions of this Act may be withdrawn or cancelled by the Board at the request of the warrant holder or the licensee, as the case may be. (2) Notwithstanding the foregoing, a warrant or special licence may be re-issued or granted or made at any time if the conditions for such issue are satisfied. INĠINIERA [ CAP. 321. 14. The Board may, by order in writing, suspend or revoke or cancel a warrant or a special licence issued in terms of article 5 if the warrant holder or licensee, as the case may be: (a) has been found guilty, after an inquiry by the Board, of any of the following acts or omissions: (i) dishonesty, misconduct or gross negligence in the exercise of his profession; (ii) discreditable conduct to the profession; (iii) failure to comply with regulations with respect to professional standards or practices, or with any legal obligation in terms of this Act or related to reserved activities; or (iv) has failed to comply with any condition attached to a warrant or special license issued under the provisions of article 16; or (b) has been found guilty by a competent court of an offence under the provisions of this Act or of any regulations made thereunder; or (c) without prejudice to the provisions of article 12, has been found guilty by a competent court of a crime affecting public trust or theft or fraud or knowingly receiving property obtained by theft or fraud. 15. Where a warrant or special licence issued under this Act is withdrawn, suspended or revoked, the person to whom the warrant or licence was issued shall cease to be the holder of such warrant or licence. 11 Suspension, revocation or cancellation of a warrant or a special licence. Substituted by: XLVIII.2021.9. Effects of revocation or suspension of warrant, special licence, or registration of partnership. Amended by: XLVIII.2021.10. 16. The Board may, after the expiration of one year from the date of the revocation or withdrawal of a warrant or special licence, and if the Board so recommends, re-issue a warrant or special licence under the provisions of this Act, subject to such conditions as the Board may deem necessary. 17. (Deleted by Act XLVIII.2021.12). Board may reissue warrant Substituted by: XLVIII.2021.11. 18. (1) The Minister may, after consulting the Board, recognise an association of warrant holders to be known as the Chamber of Professional Engineers. Chamber of Professional Engineers. (2) Whenever the number of members of that Chamber is not less than two-thirds of the total number of warrant holders the Minister may recognise a code of ethics submitted to him by that Chamber and such code of ethics shall regulate the professional behaviour of warrant holders which is not already prescribed. (3) The Minister may at any time amend any part of or withdraw his recognition of such code of ethics after giving due notice thereof. Remuneration of warrant holders. 12 CAP. 321.] Offences. Amended by: L.N. 424 of 2007; XXIII. 2009.61. Substituted by: XLVIII.2021.13. Act No. XLVIII of 2021. INĠINIERA 19. (1) Any person who, for the purpose of obtaining the warrant or special licence or for the purposes of article 5B, gives any incorrect information or otherwise acts in a deceitful or fraudulent manner shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) not exceeding two thousand and five hundred euro (€2,500), or to imprisonment for a term not exceeding twelve months, or to both such fine and imprisonment. (2) Any person who, not being entitled to in terms of this Act, assumes or uses the designation "Inġinier" or its abbreviation "Inġ.", or in any manner indicates that he is entitled to exercise the profession of inġinier shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) not exceeding one thousand two hundred and fifty euro (€1,250), and in respect of a second or subsequent offences, to imprisonment for a term not exceeding three months, or to both such fine and imprisonment. (3) Without prejudice to any other provisions of law to the contrary, any person who, not being the holder of a warrant or a special licence or who is otherwise not entitled to practise temporarily in accordance with the provisions of the Inġiniera (Amendment) Act, 2021 practises the profession of inġinier, shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not less than five hundred euro (€500) but not exceeding five thousand euro (€5,000), and in respect of a second or subsequent offences, to a fine (multa) of not less than seven hundred euro (€700) but not exceeding twelve thousand, five hundred euro (€12,500), or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment. (4) Any person who contravenes the provisions of article 9 shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not less than five hundred euro (€500) but not exceeding five thousand euro (€5,000), and in the case of a continuing offence to an additional fine (multa) of seventy euro (€70) for each day during which the offence subsists. Additional provisions with respect to offences Amended by: XLVIII.2021.14. Cap. 446. (5) Any person who contravenes the provisions of article 9 shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not less than five hundred euro (€500) but not exceeding one thousand, two hundred euro (€1,200), and in the case of a continuing offence to an additional fine (multa) of seventy euro (€70) for each day during which the offence subsists. 20. (1) The provisions of this Act establishing offences and punishments in respect thereof shall not affect the operation 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. (2) The provisions of the Probation Act shall not apply to this Act. (3) For the purposes of article 19(2) and (3), the use of any card, letterhead, sign, board, plate, advertisement or other written, INĠINIERA [ CAP. 321. printed or engraved device, instrument or document, of the word "Inġinier" or its abbreviation "Inġ." in relation to a name, shall be sufficient evidence of the knowledge of such use by the person in relation to whose name the said word or abbreviation is used, unless such person proves that the use of such word or abbreviation was made without his knowledge and that upon becoming aware of the use he took adequate steps to stop it. 21. The Minister may, after consulting the Board, make regulations to give better effect to any of the provisions of this Act and generally to regulate the profession of engineering, and, without prejudice to the generality of the foregoing, such regulations may in particular include provisions with respect to (a) the establishment of engineering standards, procedures and other duties and practices to be followed by warrant holders either generally or in particular fields of activity; (b) the professional conduct of warrant holders and the standards of competency and integrity to be kept by the profession; (c) the issue of guidelines and other advice to inġiniera; (d) the work which cannot be performed and services which cannot be rendered, whether wholly or in part, except by warrant holders under this Act; (e) the work which cannot be performed and services which cannot be rendered by warrant holders under this Act; (f) the authority, if any, by which any dispute concerning fees charged for the provision of engineering services may be settled and the procedure to be followed by any such authority; (g) the fees that may be charged for the issue of a warrant or special licence or for copies thereof; (h) the procedure to be followed by the Board in connection with its functions under article 7(1)(b) and (c); and the powers which that Board shall have to carry into effect those functions; (i) the punishments, penalties and other consequences and effects to which a person may become liable or which may take place in the event of any contravention of, or non-compliance with, the provisions of any regulation made under this article; so however that no punishment so imposed shall exceed a fine (multa) of two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37) or imprisonment for a term of one year, or of both such fine and imprisonment, or, in the case of a continuing offence, a fine (multa) of twenty-three euro and twenty-nine cents (€23.29) for each day during which the offence continues, whether or not in addition to the punishments aforesaid; 13 Regulations. Amended by: L.N. 424 of 2007; XLVIII.2021.14. 14 CAP. 321.] INĠINIERA (j) the forms of reports or information which a warrant holder or a legal person may be required to furnish to the Minister or to the Board; (k) any matter which is required or is authorised by this Act to be prescribed. Savings. Substituted by: XLVIII. 2021.16. Cap. 426. 22. The provisions of this Act shall be applied without prejudice to the provisions of the Electronic Commerce Act. Repeal. S.L. 321.03. S.L. 321.05. Added by: XLVIII.2021.17. 23. (1)The Indemnity Insurance Regulations and the Practice of Engineering (Definition) Regulations shall be deleted. Act No. XLVIII of 2021. (2) Notwithstanding the provisions of sub-article (1), the repealed regulations shall remain applicable for the purpose of any act, decision, action or proceedings taken in respect of any breach of the said repealed regulations, that occurred, or were instituted prior to the coming into force of the Inġiniera (Amendment) Act, 2021.