Chapter 451

MUTUAL RECOGNITION OF QUALIFICATIONS [ CAP. 451. 1 CHAPTER 451 MUTUAL RECOGNITION OF QUALIFICATIONS ACT Relating to the Mutual Recognition of Qualifications. 20th September, 2002; 1st May, 2004 ACT XVIII of 2002, as amended by Acts XVII of 2003 and X of 2004; Legal Notices 248 of 2004 and 422 of 2007; Act XV of 2009; Legal Notice 69 of 2014; and Acts XXXIV of 2014, XXV of 2015 and XXXIV of 2016 , XXIX of 2019 , XL of 2023 and XXXIII of 2024. 1. The short title of this Act is the Mutual Recognition of Qualifications Act. 2. In this Act, unless the context otherwise requires - "applicant" means a person from an Agreement State applying to a designated authority for authorization to practise a regulated profession in Malta; "application" means a request submitted by an applicant; "competent authority", in relation to (a) any document, certificate, diploma or qualification, or attestation of competence; or (b) a period of professional and vocational experience, means the authority, body or person in a Member State authorized under the legislation or established practice of that State to issue, award or recognize such d ocument, certificate, diploma or qualification, or attestation of competence or to certify any such period of professional and vocational experience; "designated authority" means a licence, permit or warrant awarding body or authority in Malta designated for the mutual recognition of qualifications in relation to a regulated profession or regulated professional activity as listed in the Schedule or as may be determined by regulations from time to time; "diploma" includes any degree, diploma, certificate, attestation of competence, or other similar evidence of formal qualifications or of education and training awarded by a competent authority in a Member State designated according to the law of that state; "European Union" has the same meaning assigned to it in the Treaty; "Member State" means a state member of the European Union; "Minister" unless otherwise specified, means the Minister responsible for education; "practice" in relation to any regulated profession, includes (a) the taking up or pursuit of the profession, whether in a self-employed capacity or as an employed person; and (b) the right to use, in the course of such pursuit, a professional title or designatory letters, or the Short title. Interpretation. Amended by: L.N. 248 of 2004; XXXIV. 2016.12. 2 CAP. 451.] MUTUAL RECOGNITION OF QUALIFICATIONS enjoyment of any special status corresponding to a diploma, granted by a designated authority for that profession; "professional experience" means the actual and lawful full-time or equivalent part-time pursuit of the profession concerned in a Member State; "regulated profession and regulated professional activity" means those regulated professions and professional activities listed in the Schedule; Cap. 460. "the Treaty" has the same meaning assigned to it in the European Union Act. Practice of a regulated profession. 3. This Act shall apply to the professions and professional activities listed in the Schedule, provided that no applicant shall be entitled to practise a regulated profession or a regulated professional activity unless he fulfils the conditions for the taking up or pursuit of that profession or activity in accordance with the provisions of this Act or of any enactment listed in the Schedule. Decision of designated authorities. 4. A designated authority for a regulated profession shall consider an application as soon as it is reasonably practicable, and shall notify the applicant of its decision together with the reasons upon which it is based within four months of receipt of all the relevant documents. Mutual Recognition Coordinator. Amended by: XXXIV. 2016.13. 5. (1) The Minister shall designate a person to be known as the Mutual Recognition Coordinator to coordinate the activities of the designated authorities in Malta and to promote uniform application of this Act. (2) Designated authorities in Malta shall furnish the Mutual Recognition Coordinator, with any requested information as he may reasonably require for the purposes of his functions under this Act. (3) The Mutual Recognition Coordinator shall also be responsible for: (a) collecting all information which is relevant for the application of Directive 2005/36/EC; (b) examining suggestions for common frameworks and common training tests; training (c) exchanging information and best practice for the purpose of optimising continuous professional development in Member States; and (d) exchanging information and best practice on the application of compensation measures provided for under this Act. Malta Qualifications Recognition Information Centre. 6. (1) The Minister shall set up a centre to be designated as the Malta Qualifications Recognition Information Centre. (2) The functions of this Centre shall include: (a) the evaluation of diplomas; MUTUAL RECOGNITION OF QUALIFICATIONS [ CAP. 451. 3 (b) the provision of assistance to designated authorities, learning institutions and individuals, counterpart bodies and other interested parties in the comparative analysis and evaluation of qualifications; (c) the collection and dissemination of information related to professional and vocational qualifications; (d) the promotion of recognition of Maltese qualifications abroad; (e) the enforcement and facilitation of the application of the articles regarding comparability of higher education, professional and vocational qualifications; (f) the facilitation of academic mobility; and (g) the promotion of transparency of qualifications. 7. (1) There shall be a Board, which shall have such number of divisions as the Minister may by order in the Gazette prescribe, to be known as the Mutual Recognition of Qualifications Appeals Board, hereinafter referred to as "the Board", and such Board shall consist of a chairperson and two other members who shall be appointed by the Prime Minister from among persons of known integrity who appear to him to be qualified by reason of having had experience of, and shown capacity in, matters deemed appropriate for such purpose. Right of appeal. (2) The Minister may make regulations to regulate the distribution by types of appeals amongst the divisions of the Board, provided that no two divisions of the Board shall deal with the same types of appeals. (3) A member of the Board shall abstain and may be challenged in such circumstances as would disqualify a judge in terms of Sub-Title II of Title II of Book Third of the Code of Organization and Civil Procedure; and in any such case either the member shall be substituted by another person appointed for the purpose by the Prime Minister acting on the advice of the Minister, or the appeal, when there is more than one division of the Board in office, may be referred by order of the Board from one division of the Board to another. (4) The members of the Board shall hold office for a period of three years, and shall be eligible for re-appointment. (5) A member of the Board may be removed from office by the Prime Minister acting on the advice of the Minister, on grounds of gross negligence, conflict of interest, incompetence, or acts or omissions unbecoming a member of the Board. (6) Except where a designated authority does not have its own means of appeal, the Board shall have jurisdiction to hear and determine all appeals made by an applicant aggrieved by any decision made by any designated authority under this Act or under any enactment in the second Schedule to this Act. (7) Any such appeal has to be filed in the Registry of the Board within ten days from such decision. Cap. 12. 4 CAP. 451.] Cap. 12. Power to make regulations. MUTUAL RECOGNITION OF QUALIFICATIONS (8) The decisions of the Board shall be final except with respect to points of law decided by the Board, from which an appeal shall lie within ten days to the Court of Appeal (Inferior Jurisdiction); the judge shall have the right to decide in camera that such appeal is frivolous or vexatious following the closing of the stage of written submissions; such appeal shall also be regulated by rules of court made under article 29 of the Code of Organization and Civil Procedure. 8. (1) The Minister shall make regulations to bring the provisions of this Act into effect and in respect of any matter which m ay be prescribed under this Act; without prejudice to the generality of the foregoing, the Minister may, by such regulations: (a) prescribe the parameters for the determination of evidence of formal qualifications; (b) provide for the recognition of any secondary, postsecondary or higher education and training courses, and long or short secondary courses, possibly complemented by professional training or experience; (c) provide for the right to practise and use of professional title; and (d) provide for the recognition of professional experience, adaptation periods, proof of good conduct and aptitude test: Provided that in the case of professional activities not listed in the Schedule, the Minister may, with the concurrence of the Minister responsible for labour, make regulations for the recognition of qualifications on the basis of professional and, or vocational experience. (2) The Minister may also by regulations add Schedules to this Act and amend or vary any such schedules currently in force including the possibility of adding or deleting professions or professional activities therefrom. Fees. 9. The Minister may, with the concurrence of the Minister responsible for finance, make orders with respect to the amount of fees payable for anything done or service rendered under this Act. MUTUAL RECOGNITION OF QUALIFICATIONS [ CAP. 451. SCHEDULE 5 Amended by: XVII. 2003.20; X. 2004.20; L.N. 422 of 2007; XV. 2009.49; L.N. 69 of 2014; XXXIV. 2014.62; XXV. 2015.41; XXIX.2019.71; Act XL of 2023; XXXIII.2024. First Schedule. (Article 2) Regulated Profession / Professional Designated Authority Activity Teacher Minister responsible for education Instructor Kindergarten Assistant Facilitator Accountant Accountancy Board Auditor Stock broker Recognised Stock Exchange/Malta Financial Services Authority Financial Malta Financial Services intermediaries Authority Investment Service Malta Financial Services Providers Authority Insurance Malta Financial Services Intermediaries Authority Weighers Malta Standards Authority Engineer Engineering Board Mason Masons Board Tourist guide Minister responsible for Tourism Aircraft pilot Department of Civil Aviation Aircraft flight engineer Aircraft flight navigator Aircraft maintenance engineer Apron controller Air traffic control officer Port worker Port Workers’ Board Legislation Education Act, Cap. 605 Accountancy Profession Act, Cap. 281 Financial Markets Act, Cap. 345 Financial Markets Act, Cap. 345 Investment Services Act, Cap.370 Insurance Distribution Act, Cap. 487 Metrology Act, Cap. 454 Inġiniera Act, Cap. 321 Code of Police Laws, Cap. 10 Malta Travel and Tourism Services Act, Cap. 409 Air Navigation Act, Cap. 641 Port Workers Ordinance, Cap. l71 6 CAP. 451.] MUTUAL RECOGNITION OF QUALIFICATIONS Regulated Profession / Professional Designated Authority Legislation Activity Foreman of port worker Scheduled bus Public Transport Directorate - Authority for Transport in Malta Act, Cap. 499 service driver Authority for Transport in Unscheduled service Malta driver (coach) White window minivan driver Minibus service driver Taxi service driver Motor hearse driver Master Registrar General of Chief Mate Shipping and Seamen Officer in charge of navigational watch Chief engineer officer Second engineer officer Officer in charge of engineering watch Licensed testers Licensing and Testing Directorate Authority for Transport in Malta Licensed driving instructor Able bodied seaman Registrar General of Shipping and Seamen Efficient Hand Deck Pilot Pilotage Board Mooringman Bunker operator Engine driver Authority for Transport in Malta Authority for Transport in Malta Merchant Shipping Act, Cap. 234 Merchant Shipping (Training and Certification) Regulations (S.L. 234.17) Motor Vehicle Roadworthiness Test Regulations (S.L. 65.15); and Motor Vehicles (Driving Licences) Regulations (S.L. 65.18) under the Traffic Regulation Ordinance, Cap. 65 Merchant Shipping (A.B. and E.D.H. Certificates) Regulations (S.L. 234.15) under the Merchant Shipping Act, Cap.234 Maritime Pilotage Regulations, (S.L.499.26) under the Authority for Transport in Malta Act, Cap. 499 Bunkering (Fuels) Tax Act, Cap. 381 Commercial Vessels Regulations, (S.L. 499.23) under the Authority for Transport in Malta Act, Cap. 499 MUTUAL RECOGNITION OF QUALIFICATIONS Regulated Profession / Professional Designated Authority Activity Master General Purpose Hand Boatman Boatmaster Grade II Boatmaster Grade I Commercial Vessel Mate Commercial Vessel Master Marine Engine Driver 3 Marine Engine Driver 2 Marine Engine Driver 1 Engineer Radio Operator Authority for Transport in Malta Auctioneer Authorisation A Authorisation B Auctioneers Board Regulator for Energy and Water Services Community Officer Commissioner of Police Private guard Probation officer Prime Minister Cinema Department of Labour projectionists Engine Drivers (Steam) (First Grade) Engine Drivers (Steam) (Second Grade) Engine Drivers (Internal Combustion) (First Grade) Engine Drivers (Internal Combustion) (Second Grade) Electric Motor Driver (First Grade) [ CAP. 451. 7 Legislation Wireless Telegraphy (Certificates of Operators) Regulations, (S.L. 399.35) under the Electronic Communications (Regulation) Act, Cap. 399 Auctioneers Act, Cap. 342 Electrical Installations Regulations (S.L 545.24) under the Regulator for Energy and Water Services Act, Cap. 545 Private Guards and Community Officers Act, Cap. 389 Probation Act, Cap. 446 Code of Police Laws, Cap. 10 Health and Safety at Work Act, Cap. 646 8 CAP. 451.] MUTUAL RECOGNITION OF QUALIFICATIONS Regulated Profession / Professional Designated Authority Legislation Activity Electric Motor Driver (Second Grade) Periti Minister responsible for Periti Act, Cap. 390 Works on the recommendation of the Bord tal-Warrant tal-Periti Advocates President of Malta Code of Organization and Civil Procedure, Cap. 12 Legal Procurators President of Malta Code of Organization and Civil Procedure, Cap. 12 ConservatorsMinister responsible for Cultural Heritage Act, Cap. 445 Restorers cultural heritage on the recommendation of the Bord tal-Warrant tarRestawraturi Diving instructors Minister responsible for Health Veterinary Surgeons President of Malta on the Veterinary Services Act, Cap. 437 recommendation of the Veterinary Surgeons’ Council Social Worker Minister responsible for Social Work Profession Act, Cap. 468 social policy Psychologist Minister responsible for Psychology Profession Act, Cap. 471 social policy Acupuncturist Council for the Professions Health Care Professions Act, Cap. 464 Complementary to Chiropractor Medicine Dental Hygenist Dental Technologist Dietitian Environmental Health Officer Medical Laboratory Scientist Nutricianist Occupational Therapist Optemetrist Orthopist Osteopaths Perfusionist Physiotherapist Podiatrist Psychotherapist Radiographer MUTUAL RECOGNITION OF QUALIFICATIONS Regulated Profession / Professional Designated Authority Activity Speech Language Pathologist Pharmacist Pharmacy Council Pharmacy Technicians Nurses Council for Nurses and Midwives Midwives Medical Practioners Dental Surgeons Medical Council [ CAP. 451. 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