ACT No. XIV of 1996 AN ACT to regulate Architecture and Civil Engineering Proftssiono.ls (Perit;) and to provide jor mtlUU$ connected therewith or anci/wry thereto.

I assent.

Uoo MJ~UD BONNICI

(L.s.)

President

IO thMay, 1996

ACT No. XIV of 1996

AN ACT to regulate Architecture and Civil Engineering Proftssiono.ls

(Perit;) and to provide jor mtlUU$ connected therewith or anci/wry

thereto.

BE IT ENAcrED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follow5:-

This Act may be cited as the A rc hitecture and C ivil S _ _ oad

Engineering Professionals (Perili) Act, 19%, and shall come into force ..... ,

on s\.Ich dale as the Minister responsible for works may by notice in the

Gazette establish and different dates may be so established for different

provisions or purposes of this Act.

In this Act unless the context otherwise requires -

I ...... uziw.

" Board" means the Bord tal-Warrant taf-Periti established

by section 6 of this Act;

"Chamber" means the Kamr(~ tal-Peri!i;

"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" means the profession assuming responsibility

for 'he design ~nd, or, construction of building works, under the

generic title of"Perit" and includes works in architecture and civil

and structural engineering;

"warrant" means a wamnl granted under section 5 of this

Act, and "warrant holder" shall be construed accordingly.

J. (I) No person shall practise the profession unless he is the

holder of a warrant under section 5 of this Act.

A person shall nOl qual ify for the award o f a warrant

(2)

(a)

he is acitizen of Malta or is otherwise pennitted to work

in Malta under any law;

he is of good conduct;

(b)

(e)

he is of full legal capacity; and

(d)

he satisfies the Board that

(i) he is in possession of academic qualifications

obtained after successful completion of a course of study of

at least four yean full-time duration, or the equivalent part-

time duration, at the University of Malia or such other

Universi ty or academic institution as may be recognised for

the purpose by the Board after having consulted the Chamber,

which course contains those minimum core subjects in the

fields of architecture and civil engineering, as the Minister

may, after consulting the Chamber, prescribe;

(ii) for a period of not less than two years after

obtaining the academic qualifications referred to in

subparagraph (i) 'of this paragraph, he has trained in Malta

under the supervision of a practising warrant holder, in

accordance with such guidelines as the Minister may, after

consulting the Chamber, prescribe

Provided that where the academic qualifications referred

to in subparagraph (i) of this paragraph are obtained after a

course o f five years full-time duration or more, or its part-

lime equivalent, the period of training referred to in this

subparagraph shall be of onc year

Provided funher that with the approval of the Board such

lraining may. for a period not exceeding one year, in the said

period of tWO years, be undergone in a Stale outside Malta

with a professional in related disciplines, duly qualified to

practise in such State;

(i ii)

he has been duly examined and approved by the

Board in an examination or examinations for the purpose. as

the Minister may , after consulting the Chamber, prescribe

Provided that the Board may exempt a person who

obtained the academic qualifications from the University of

Malta or from such other University or academic institution

approved for the purpose by the Board after consulting the

Chamber. from all or part of such examination or

examinations.

Notwithstanding the provi~ion~ of section 3, a pcl"$On who ~

possesses the qualifications listed in paragraphs (a), (b) and (c) of Oil

subsection (2) of section 3, and in subparagraphs (ii) and (iii) of

paragraph (d) of the said subsection , may be granted a wamnt, if the

Board is satisfied that such person is in possession ofan academic degn:e

obtained after the successful completion of a COUI5e of studies in

archi tecture, civil engineering or related disciplines at a University or

equivalent academic institution, and such person has, where the course

of studies in the opinion of the Board,

(i) was of a lesser duration than four years' studies, or

equivalent pan-time duration, or

(ii) did not contain those minimum subjects in the fields of

architecture and civil engineering as are prescribed by the Minister

in accordance with subparagraph (i) of paragraph (d) of subsection

(2) of section 3,

undergo ne practical training for a period of not less than six months

and not more than three years as the said Board may establish from

case to case, under the certified supervision of a practising warrant

holder, in accordance with such guidelines as the Minister, after

consulting the Chamber, may prescribe

Provided that the Board may also require such person to

undergo such tests in s uch subjecr.s which it may deem necessary.

(I) The warrant to practise the profession shall be granled

by the Minister on the recommendation of the Board to any person who

satisfies the requirements of sections 3 or 4 of this Act.

A warrant holder may use the designation "Perit" with

(2)

his name.

(3) Any person who is granted such a warrant shall, before

entering upon the exercise of his profession, take before the Court of

Appeal , in a public silting , the oath of allegiance referred to in section

10 of the Code of Organization and Civil Procedure and the oath of

offICe in the following terms

I,

do

sw~arlsolemnly affirm that I will faithfully and with all honesty

and exactMss perform the duties of an Architectural and Civil

Enginuring Professional (Pull) to the lust o/my knowledge and

ability. So help mI! God.

(I) There shall be a Board, to be known as the "Bord tal·

Warrant tal-Ptritf' which shall consist of

(a) aChainnan to be appointed by the Minister from among

'persons who are or have been qualified to be appointed judges in

Malta;

two members appointed by the Minister from among

(b)

warrant holders, who have held their warrant for at least eight yean;

(c) two members appointed by the Chamber from among

warrant holders who have held their warrant for at least eight yean;

"d

(d) two members who shall be e lected by secret ballot by

warrant holders from among themselves.

(2) The Chainnan shall be appointed for a tenn of three

yean, and under such conditions as may be set out in his Jelter of

appointment.

The other members of the Board shall hold office for a

(3)

tenn of two years, and under such conditions as may be set out in thei r

leiter of appointment

Provided that in the first year, one of each of the me mbers,

appointed or elected under paragraphs (b). (c) and (d) of subsection (I)

above, shall be appointed or elected for one year, so thllt, thereafter,

half the said members other than the Chainnan shall vacate their office

each year.

(4) When any vacancy in the Board occurs, the Minister

sh all , as soon as pnlclicable, in the case of the Chainnan, or a member

appointed by him , appoint another person to fill the vacancy; in the

case of a member appointed by the Chamber, request the Chamber 10

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 me mbers necessary to form a quorum

shall be three, bU!, subject to the presence of a quorum, the Board may

act notwithstanding any vacancy among its members.

(6) The Minister may also delegate 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.

(I)

The functions of the Board are

(a) to consider applications for the issue of a warrant, and

make its recommendations thereon to the Minister;

(b) organise and regulate, and determine requests for

exemptions from, the professional warrant examination in

accordance with sections 3 and 4 of this Act;

(c) regulate the conditions of practical training abroad, in

accordance with the provisions of section 3 of this Act;

(d) approve Universities or acade mic institutions in

accordance with section 3 of this Act;

(e) advise the Minister, and organise and regulate the

appropriate tests and periods of practical training, as provided for

in section 4 of this Act.

(2) In the exercise of its functions, the Board may consult

with such persons as it may deem appropriate and may also appoint

committees, of which th9chainnan shall be a member of the Board, for

the carrying out of dums or other work as the Board may assign to

them.

(3) The Board shall keep a register of warrant holders arK!

shall , not later Ihan three months after the end of each year, publish in

the Gazette a list of persons who, on the 3 1st December of the said

year, were registered as holders of a warrant issued under this Act. In

the same manner and at the same time the Board shall publish a list of

pannerships registered in accordance with section 9.

(I) There shall continue to be a Chamber of Architects

which shall henceforth be styled Kamra tal·Puiti, and all warrant

holders shall have the right to belong to such Chamber and to participate

in its activities.

(2)

The Minister sha ll have the powe r to make

regulations -

(a) prescribing theoonditions and rules required forme legal

establishment and administration of the Chamber, its maintenance,

and the validity of its decisions, and for dclcnnining its functions

and powers;

(b)

assigning to the Chamber the duty of enquiri ng into any

charge of professional misconduct or abuse made against any

warrnnt holder in connection with theexercise of his profession or

with professional matters;

(c)

vesting the Chamber with disciplinary po wers in

connection with any miscondlJCt, or abuse referred 10 it in paragraph

(b) hereof, by such means and in such form as prescribed by

regulations

Provided that no punishment shall be awarded by the Chamber

until full opportunity has been given to the warrant holder charged

to make his defence, saving his right to appeal against the decision

of the Chamber to the Court of Appeal within such time and in

such fonn as shall be prescribed from time to time;

(d) making provision for securing the enforcement of the

Chamber's and the Board's decisions,

(I) Two or more warrant holders may form a civil

partnership, hereinafer referred to as a "pannershipofwarranl holders",

having for its exclusive object to practice the profession and having

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 pannership of warrant holders,

(3) Any such partnership shall. when duly fonned according

to law and on payment of the prescribed fee , be registered wi th the

Board , and upon such registration the partners shall , for as long as it is

so registered . be authorised 10 act in the nam e and on behalf of the

pannership . which shall be entitled to the designation " Periti".

(4) Every such pannership shall give to the Minister or to

the Board such information as they may reasonably require or as may

be prescribed , and shall give nOlice to the Minister or to the Board o f

any relevant changes in any information previously given to them , within

fifteen days after the date on which the change occ urs.

Notwithstanding the proviSions of any other law or other ""'.- -

agreement to the contrary , the following provisions shall apply to a ~~4 Ie ol

partnership of warrant holders under this Act

........ hoIdors.

(a) the partners shall be jointly and severally responsible

for the actions and omissions of each and everyone of them in the

perfonnance of their professional duties. the maintenance of the

required professional standard and conduct and generally in the

fulfilment of their obligatio.1ll under this Act or any other applicable

law, and shall also be jointly and severally liable for any loss or

da mage resulting therefrom;

any act or thing that may be done by a warrant holder

(b)

may be done by one or more of the partners in the name of the

partnership, and any act or thing done in the name of the partnership

shall be done by one or more of the partners;

(c) the responsibilities and liabilities for anything done or

omilted 10 be done during the periCKi in which a warrant holder

was a partner in a partnershipof "Periti" shall nol cease , in respecl

of such person, by his retirement , death or other cause by which

he ceases to be a partner.

(I) Every warrant holder or partnership registered under J ..... 17

this Act may be required to be covered by an indemnity insurance by ::.:.:""~ ...

such company , in such man ner and for such amount as may be """,_",01"

prescribed, against any liability which the warrant holde r or the _Iocold<n.

pannership may incur for compensation in respect of loss or damage 10

any person or thing as a result of an y negligent act, error or omission

committed by the warrant holder, the pannership, any partner thereof,

or any of the employees, as well as agai nst any claim in respect of any

loss or damage brought about or contributed by a criminal or malicious

act or omission of any of their employees

Provided thallhe provisions or this subsection shall not apply

to warrant holders who are, and for as loog as they are, employed with

the Government, in a civil or military capacity, in respect ofthcir official

duties .

(2) Every warrant holder or partnership of warrant holders

bound to be covered by an indemnity insurance under this section shall

each year within a week of taking out or renewing such indemnity

insurance infonn the Board in writing of the name of the insurance

company and the relative number of the insurance policy.

Any agreement or arrangement purporting to exempt a

warrant holder or a partnership of warrant holders from any liability.

responsibility or duty under this Act or under any other law. or to relieve

them therefrom, or. except under any indemnity insurance as provided

under section J I orlhis Act,to indemnify them against any such liability.

responsibility or duty shall be null and void.

(I) A conviction by any competent tribunal 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 tenns of the Criminal Code shall be a cause of perpetual d isability to

obtain or retain the warrant.

(2) Such disability shall in the case or warrant holder be

declared by the Minister by notice published in the Gazette and shall be

communicated to the person disqualified, unless he has been interdicted

by the j udgement itself.

(3) The Minister may . at any time, and if the Board so

recommends, by order remove the disability declared by hi m.

(I) A warrant or a registration of a partnership o f warrant

holders issued,granted or made under the provisions of this Act may be

withdrawn or cancelled by the Minister, at the request of the warrant

holder, or partnership, as the case may be.

(2) Notwithstanding the provisions of subsection (I) of th is

$Cction, a fresh warrant or registration of a partnership of warrant holders

may be issued, granted or made at any time if the conditions for such

issue or regi stration are satisfied.

IS. The Minister may, by order in writing, suspend, revoke or

cancel a warrant, or registration of a pannership of warrant holders, if

the warrant holder, or one of the panners, as· the case may be -

(a) has been found guilty. after an inquiry by the Chamber,

subject to appcallo the Court of Appeal, of the following acts or

omissions

0)

dishonesty. misconduct or gross negligence in the

exercise of his profession;

conduct discreditable to the profession;

(ii)

failure to comply with regulations with respect 10

(iii)

professional standards or pr3Ctices;

(iv)

failure to comply with any condition attached to a

warrant issued under the provisions of section 17 or this Act;

••

has been found guilty by acompetentcoun of an offence

(b)

, under the provisions of this Act or of any regulations made

thereunder; or

(e) without prejudice to the provisions of section J3 of this

Act. has been found guilty by a competent court of a crime effecting

public trust oror theft or offraud or of knowingly receiving property

obtained by theft or fraud.

I1-Ministru jista', lJ'ordni bil-miktub, jissospendi,jirrevoka

jew ihassar warrant, jew regislrazzjoni ta' soejetA ta' delenturi ta'

warrafll, jeklc id-detenturtal-warrant,jew wiehed mis-soCji tas-soejelA,

skond il-kai -

Ca>

ikun instab hati, wara inkjesta mill-Kamra, salv id-dritt

ta' appeU quddicm il-Qorti ta' I-Appell ta ' dawn I-aui jew

nuqqasijiet Ii gcjjin

dizonest!, imgicba haiinajew ncgligenza serja fl -

(i)

cterCizzju tal-profcssjoni ticghu;

imgieba Ii liskredita I-professjoni;

(i i)

(iii) nuqqas ta' tharis ta' regolamenti dwar il-livelljew

prauika professjonali;

nuqqas ta' tharis ta' lti kondizzjoni mqicghda

( iv)

rwarrant mahrug Ishl id-dispoiiujonijicl ta' l-artikolu 17

ta' dan l-Att;jcw

(b) ikun instab hati minn qoni kompetenti ta' reat taht id-

dispoiiujonijict ta' dan l-Att jew ta' xi rcgoJamenti lijsiru tahtu;

jew

(e) minghajr prcgudizzju ghad-dispoiizzjonijict ta ' 1-

artikolu 13 ta' dan I-AIt, ikun iostab hati minn qorti kompetenti ta'

deliu Ii jolqot il-fiducja pubblika jew serq jew frodi jew Ii

xjenlcment ikun iracva proprjetA miksuba b'serq jew frodi .

Where a warrant issued under this Act is withdrawn, EIJ ..... of

suspended or revoked, the person 10 whom the warrant was issued shall =':~

cease to be the holder of such warrant, or shall be suspended from the "~',"

exercise of his profession as the case may be, and he shall cease or ;;::':;:,'"

suspend the use of the designation " Peri t"; and upon the cancellation of

the registration of a partnership of warrant holders the members of that

partnership and the partnership shall cease to act in the name and on

behaIr o f the partnership and the partnership shall cease to use the

designation " Periti",

17, The Minister, acting on the recommendation of the Board, MillbIor ... y is ...

may, after the expiration of one year from the date of the revocation or hoII-....

withdrawal of a warrant or the cancellation of a partnership o f warrant

holders, issue a fresh warrant or authorise the registration of a partnership

under the provisions of the Act, subject to such conditions as the Minister

on the recommendation of the Board may deem necessary .

n-Ministru, lijagixxi fuq ir-rakJcomandazzjoni tal-Bord,jista', 1l.1oI ...... ,..·

t-::*---

wara Ii Ighaddi sena rn id-data tar-revoka jew inir tal-warrant jew il-

thusir ta ' soejetl til ' detenluri ta' warrant, jobrog warrant gdid jew

jawtorizza r-regislrazzjoni til' soejetl tahl id-dispoiizzjonijiet ta' dan 1-

All, taht dawk il-kondizzjonijielli I-MinistN fuq ir·rakkornandazzjoni

tal-Bord j ista' jqis Ii jkunu mehtiega.

(1) Any person who, for the purpose of obtaining the ~.

warrant , or registration of a partnership of warrant holders, under the

provisions of this Act, gives wrong infonnation or otherwise acts in a

deceitful or fraudu lent manner shall be guilty of an offence and shall ,

on conviction , be liable to a fine (multa) not exceeding one thousand

liri or to imprisonment not exceeding twelve months or to both fi ne and

imprisonment.

(2) Any person who, not being the holder of a warrant,

assumes or uses the designation "Perit" .or in any manner indicates that

he is entitled to exercise the profession shall be guilty of an offence and

shaJl ,on conviction, be liable to a fi ne(multa) not exceeding five hundred

liri or to imprisonment for a term not exceeding six months or to both

such fine and imprisonmcm, and in respect of a second or subsequent

offence: to a fine (multo) of not more than five thousand liri or to

imprisonment for a term not exceeding two years or to both such fine

and imprisonment.

(3) Any person who uses the designation "Perili" in relation

to a partnership or warrant holders, knowing that such partnership is

not registered in ~cordance with the provisions of this Act, or in any

manner whatsoever knowingly makes use of a name falsely implying

the existence of a pannership of warrant holders registered as aforesaid

shall be gUilty of an offence and shall , on conviction, be liable to a fine

(multo) not exceeding five hundred liri or to imprisonment for a term

not exceeding six months or to both such fine and imprisonment, and in

respect of a second or subsequent offence to a fine (multo) of not more

than five thousand liri or to imprisonment for a term nOI exceeding two

years or to both such fine and imprisonment.

(4) Any person who, not being the holder of a warrant in

accordance wilh the provisions or this Act, prnctices the profession shall

be guilty of an offence and shall,on conviction, be liable loa fine (multa)

not exceeding five hundred liri or to imprisonment for a term not

exceeding six months or to both such fine and imprisonment, and in

respect of a second or subsequent offence 10 a fine (multo) not exceeding

five thousand liri or to imprisonment for a term not exceeding two years

or to both such fine and imprisonment.

(5) Any person who contravenes the provisions of section

II of this Act shall be guilty of an offence and shall , on conviction, be

liable to a fine(multa) of not less than two hundred liri but not exceeding

two thousand liri and in the caseof a continuing offence to an additional

fine (multo) of thirty liri foreach day during which the offence continues.

(I) 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, affcct the application of any

higher punishment under any other law.

(2) The provisions of the Probation of Offenders Act shall Cop. 152.

not apply to this Act.

(3) For the purposes of subsections (2) and (3) of section

18 of Ihis Act, the use on any card, letterhead, sign. board, plate,

advertisement or other written, printed or engraved device, inSlrument

or document, of the word "Peritttor"Architect" oreitherofthose words

used in combination with the words "Civil Engineer" or "Structural

Engineer" • shall be sufficient evidence of the knowledge of such use by

the person in relation to whose name the said word is used. unless such

person proves that the use of such word was made without his knowledge

and thai upon becoming aware of iI, be look adequate steps 10 stop it.

(4) Forthepurposes o(thisAct-

<a) a person shall not be deemed to practise the profession

of a warrant holder if he acts as an employee of. or assislant to a

warrant holder or a partnership of warrant holders and does nOI

issue any certification of an architectural and civil engineering

nature under his name;

to the exlenl that is' so prescribed, a person shaJJ not be

(b)

deemed to exercise the profession of a warrant holder if he is in

such employment or holds or acts in such office, or perfonnsonly

such work, services, acts or functions as may be prescribed.

The Minister may, after consulting the ClIamber, makeR •• ' ' • .

regulations to give effect to any of the provisions of this Act and

generally to regulate the profe ssion, and without prejudice to the

generality of the foregoing, such regulations may in particular include

provisions with respect 10

<a) the making of a tariff offees payable to warrant holders

for professional work and services not included in Tariff K of

Schedule A annexed to the Code of Organisation and Civil c.. 12.

Procedure;

the fees that may be charged for the issue of a warrant

(b)

or for the registration of a pannership of warrant holders, or for

copies thereof;

(e) any mattcrwhich is requi~ oris authorised by this Act

to be prescribed.

(I) The Architects Ordinance, hereinafter in this section,

referred to as the Ordinance. is hereby repeaJed .

(2) Any regulations made uDder the Ordinance s hall

continue to apply as in force before lhecoming into force oftbis section ,

until revoked or amended, with such modifications, adaptations and

limitations as may be necessary in accordance with the provisions of

this Act .

(3) Any wanant granted before the coming into force of

this Act under the provisions of the Ordinance shaU , notwithstanding

anything contained in this Act. remain in force after the coming into

force of this Act and shall be deemed to have been granted under Ihis

Act and shall be governed by the provisions of this Act.

(4) The repeal of the Ordinance shaJl be without prejudice

to anything done or omitted to be done thereunder and in particular

shall oot affect any liability or any penalty or punishment incurred in

respect of any offence commiued against any provisions thereof; and

any enquiry, legal proceedings, proceedings for the suspension or

withdrawal of a warrantor specia1liceoce may be continued or imposed

as if the Ordinance has nOi been repealed.

(5) Any reference in any other law to the Ordinance shall

be construed as a reference to the corresponding provisions of this Act.

(6) The Chamber of Architects established by the Ordinance

shall continue as the Chamber referred to in section 8 of this Act.

22, Any reference in any law 10 an architect and civil engineer.

or to a person holding a warrant under the Architects Ordinance and

any reference to the Architects' Ordinance repealed by section 21 of

this Act, shall be construed to be a reference to a warrant holder under

this Act and to this Act respectively.

Z7S

A

Passed by the House of Representatives at Silting No. 535 of the 6th

May, 1996.

MIOlAEL BONNICl

Deputy SpeoUr

BoNEU.O

JOSA NNE

Acting CiullO the House of Representatives.

Kull rifcrenza rxi ligi ghal arkitett u inginier Clvili ,jew ghal

persuna Ii jkollha warrant laM I-Ordinanza dwar I-Art.itctti u kull

riferenza ghall·Ordinanza dwar I-Art.itctti mhassra bl-artikolu 21 ta'

dan I-An ghandha lirtiehem Ii tkun riferc nza ghal dctcntur la' warrant

taht dan I-An u ghal dan I·An rispettivamenl.

Mghoddi mill· Kamra tad-Deputati fis-Seduta Nru . 535 las-6 !a'

Mejju, 1996.

MICHAEL BONNIO

Deputy Sp~ak~r

J OSANNE B ONELLO

Ag~nt Skrivan tal· Kamra tad·Deputati.