ACT No. XIII of 2006 AN ACT to amend the Education Act, Cap.327. (compositionoftheboard)

I assent.

(L.S.)

E DWARD F ENECH A DAMI

President

4th August, 2006

ACT No. XIII of 2006

AN ACT to amend the Education Act, Cap.327.

BE IT ENACTED 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 follows:-

PART I

PRELIMINARY

(1) The short title of this Act is the Education Act Short title and

commencement.

(Amendment) Act, 2006, and it shall be read and construed as one

with the Education Act, hereinafter referred to as “the principal Act”.

(2) The provisions of this Act shall come into force on such

date as the Minister responsible for education may by notice in the

Gazette establish, and different dates may be so established for

different provisions and different purposes thereof.

“Schedule IV

(Article 17(2))

The Permanent Committee for Education shall be composed as follows

(a)

the Minister, as Chairperson;

(b)

the Permanent Secretary in the Ministry, as Deputy Chairperson;

(c)

the Directors General of the Directorate established under this

Act;

(d) the Chairman of the National Commission for Higher Education

established in Part IV of the Act, or his representative;

(e) those other Directors or officers as the Minister may from time

to time request to attend;

(f)

an officer appointed by the Minister to act as secretary.”

Passed by the House of Representatives at Sitting No. 426 of 26th July, 2006.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

For the Arrangment of the principal Act, there shall be Amendment of

Arrangment of the

substituted the following†

principal Act.

“ARRANGEMENT OF ACT

Articles

Short title

Interpretation

Part I.

General Provisions

3-7

Constitutution and Functions of

Directorates of Education

8-22

The Teachers’ Profession

23-42

Duty of the State to provide Education 43-48

Colleges of State Schools

49-62

Establishment and Functions of

the National Commission for Higher

Education

63-71

Part VII.

The University of Malta

72-84

PartVIII.

The Malta College of Arts,

Science and Technology

85-112

Officers and Staff of the Entities

113-115

Financial Provisions

116-124

Other Provisions

125-136

SCHEDULES”.

In the principal Act, Parts II and IV and the relative articles

11 to 15 and 22 to 27 shall be deleted.

Article 2 of the principal Act shall be amended as follows

(a)

the definition “Code of Behaviour” shall be deleted;

(b) immediately after the definition “Code of

Behaviours” there shall be inserted the following new definition

“ “College” means a College of State schools as

provided for in Part V of this Act;”;

(c) for the definitions “Council”, “Council for Education”

and “Director of Education” there shall be inserted the following

definitions

“ “Council” means the governing body of the

University established by article 76;

“curriculum” means the National Curriculum

Framework for all schools at compulsory educational level

as provided for by article 47 of this Act;

“Directorate” means any Directorate set up in terms

of articles 8 and 10 of this Act or any other Directorate as

the Prime Minister may establish under article 131 of this

Act or under any other law;

“Director General” means the Director General

appointed in terms of article 14 or in terms of any other

provision of this Act or of some other Act;

“education officer” means such officer as is authorised

by the Director General of the Directorate for Quality and

Standards in Education to perform his duties as an officer

in the Education Inspectorate set up in terms of article 18;”;

(d) immediately after the definition “employment” there

shall be inserted the following new definition

“ “entity” includes a Directorate, a College, the

National Commission for Higher Education established

under Part VI, the institution for tourism studies referred

to in article 132, and any Directorate, department, unit,

agency or other organisation as may be established by

virtue of this Act or regulations made thereunder, or under

any other law, and “entities” shall be construed

accordingly

Provided that only for the purposes of any right pertaining

to any officer or staff member under the Pensions Ordinance Cap. 93.

and the Widows and Orphans Pensions Act under Part IX of Cap. 58.

this Act, “entity” also includes the University and the Malta

College of Arts, Science and Technology incorporated into this

Act by Part VIII;”;

(e) in the definition “Faculty Board”, for the words

“article 36” there shall be substituted the words “article 80”;

(f) immediately after the definition “Faculty Board” there

shall be inserted the following new definitions

“ “financial year” means the period of twelve months

ending on the thirty-first of December of any year

Provided that for the purposes of this Act the first

financial year in respect of any entity shall consist of the

period which starts running on the date of the coming into

force of the relative articles of this Act relating to such

entity, and ending on the thirty-first day of December of

the following year;

“function” includes any responsibility, power and

duty;”;

(g) the definition “special educational needs” shall be

deleted and immediately after the definition “head of school”

there shall be added the following definition

“ “individual educational needs” shall have the

meaning assigned to it by article 45(2);”;

(h) for the definition “Minister” there shall be substituted

the following definition

“ “the Minister” means the Minister responsible

for education, and includes, within the limits of any given

authority, any person who is specifically authorised by the

Minister for any of the purposes of this Act, and “Ministry”

shall be construed accordingly;”;

(i) for the definition “national minimum curriculum”

there shall be substituted the following definition

“ “officer” and “employee” include a public officer

who is engaged to perform duties with any entity

established under this Act;

(j) for the definition “permanent warrant” there shall be

inserted the following new definition

“ “person” includes a body of persons and any moral

entity established by law;”;

(k) immediately after the definition “prescribed” there

shall be inserted the following new definitions

“ “principal” means the chief executive officer of a

College appointed under article 52 of this Act;

“public officer” has the same meaning as is given to

it by article 124 of the Constitutution ;”;

(l) in the definition “Rector”, for the words “article 30”

there shall be substituted the words “article 74”;

(m) the definitions “scheduled school”, “Scholastic

Tribunal”, “School Council”, “State School” and “University”

shall be deleted, and for the definition “school” there shall be

substituted the following

“ “school” means an institution the resources of which,

both of persons and of things, are ordained towards the

promotion of the education and training of other persons

through the dissemination of knowledge, and, for the

purposes of a licence to open a school under this Act, it

includes an educational and training institution of advanced

and higher education as defined in article 63 of this Act,

but does not include the University or the Malta College

of Arts, Science and Technology incorporated by Part VIII

of this Act, nor an institution for the promotion of

instruction and knowledge of an exclusively or almost

exclusively religious character;”;

(n) in the definition “Senate” for the words “article 34”

there shall be substituted the words “article 78”;

(o) the words “assigned to it by subsection (2) of section

1 of this Act;” in the definition “special education needs” shall

be substituted by the words “assigned to it by article 45(2);”;

(p)

immediately after the definition “Senate” there shall

be inserted the following new definition

“ “University” means the University of Malta

established by article 72;”;

(q) for the definitions “temporary warrant” and “warrant”

there shall be substituted the following new definition

“ “warrant” and “temporary warrant” means a warrant

or temporary warrant granted in terms of Part III of this

Act, and warrant holder shall be construed accordingly;”.

For the words “national minimum curriculum” in Amendment of

article 7 of the

paragraphs (a) and (c) of article 7 of the principal Act there shall be principal Act.

substituted the words “National Curriculum Framework”.

Immediately after article 7 of the principal Act there shall Addition of new

Part to the

be inserted the following new Part

principal Act.

“PART II

CONSTITUTUTION AND FUNCTIONS

OF DIRECTORATES OF EDUCATION

There shall be established a Directorate for

Quality and Standards in Education under the

responsibility, guidance and administration of a Director

General. The mission of this Directorate shall be to

regulate, establish, monitor and assure standards and

quality in the programmes and educational services

provided by schools, whether State schools or not, as

provided for in this Act.

(1) It shall be the function of the Directorate

for Quality and Standards in Education to generally

regulate, guide, evaluate, verify, research and report on

the various elements and the results of the compulsory

education system with the aim of assuring quality education

for all and in order to promote good practices in all

activities related to such education in a national curricular

framework of lifelong learning.

(2) In particular the functions and duties of this

Directorate shall include

(a) to propose to the Minister a National

Curriculum Framework which promotes a lifelong

learning policy and strategy;

(b) to provide the required guidelines, among

other things, for the better implementation of the

education policy and services, including each school’s

development plan, the syllabi, the establishment of

standards, performance assessment, and examinations;

(c) to ensure that all schools identify the

educational training needs for the implementation of

the curriculum and to ensure the provision of regular

and continuous professional development at a level

where this may be achieved in the most effective

manner;

(d) to ensure that all information, data and

statistics required for the drafting and the planning of

policy, strategies, guidelines and directives in

education are collated, compiled, analysed and

researched, and, subject to any other law, take all

necessary steps so that these may be accessible to

whosoever is involved and who may have an interest;

(e) in support of the evaluation and the internal

audit of every school, to implement every inspection,

evaluation and external audit of educational

programmes and services, of the operations

undertaken, of the physical environment of every

school, and of the results obtained by them, with an

aim of ensuring that the curriculum is being followed

in every school, that good practices are being

promoted, that the quality in and the coordination of

each part and at every level of the educational system

are ensured, and also so that children and students

are helped so that they may obtain in the best possible

manner the set learning targets and necessary skills;

(f) to evaluate and assess the operation and the

results of Colleges and schools and of any person

teaching and working therein;

(g) to be responsible for the compliance with and

implementation of the provisions of laws and

regulations dealing with matters relating to education;

(h) to evaluate the financial and economic aspects

of the educational system;

(i) to ensure the application and the maximum

possible use of information technology systems by

whosoever is involved in teaching and in imparting

education in schools ;

(j) to receive and process applications for the

issuing of a licence for the opening of a school, to

advise the Minister on this matter according to the

provisions of this Act, and to keep a register containing

the required details of every school which has a licence

issued by the Minister under this Act;

(k) to ensure that the national minimum

conditions for all schools are being constantly

observed and to investigate and take all necessary

steps required on any matter about which the Minister

may consider the suspension or the withdrawal of a

school licence;

(l) to implement any other matter required for

the attainment of objectives and the execution of

duties pertaining to the State as provided for by this

Act.

There shall also be established a Directorate for

Educational Services under the responsibility, guidance and

administration of a Director General. The mission of this

Directorate is to ensure the effective and efficient operation

and delivery of services to the Colleges and State schools

within an established framework of decentralisation and

autonomy.

(1) It shall be the general function of the

Directorate for Educational Services, in constant

collaboration with the Colleges and schools, to plan,

provide and allocate the resources, human and otherwise,

services, and learning tools, both of a pedagogical,

psychosocial, managerial and operative nature and other

ancillary support tools, as required in the State colleges,

schools and educational istitutions, and to encourage and

facilitate their networking and cooperation.

(2)

In particular, this Directorate shall

(a) in conjunction with the Colleges and

schools, plan, monitor and ensure the operation of

Colleges and schools and shall strongly support the

fulfilment of the functions and the targets of the

Directorate for Quality and Standards in Education

as provided for in this Act, giving priority to both

services and support that ensure the development of

students’ potential and skills, the implementation of

the National Curriculum Framework, and the

development of the identity and the ethos of the

Colleges;

(b) ensure the development of the building, the

modernisation and the regular maintenance of schools

and educational facilities, and ensure effective systems

of capital projects management and maintenance in

school buildings;

(c) allocate to the Colleges and to the schools

such buildings, including sports facilities, educational

and cultural spaces, furniture, equipment, technology,

science, communications and information technology

laboratories, and other tools, which would be needed

with an aim of making the best use of them as teaching

and learning tools;

(d) within the limits of that which is possible

to place students in schools according to their needs

and potential;

(e) anticipate the needs of professional staff,

including teachers and other human resources, and

collaborate with the Directorate for Quality and

Standards in Education, with the University of Malta,

with the Malta College of Arts, Science and

Technology, and with other istitutions, public and

private, in order to ensure the training and

development of teaching and non-teaching personnel

according to their needs;

(f) in conjunction with the Colleges, to ensure

the engagement of the professional, administrative and

support personnel in the light of the students’ needs

and of the particular programmes of each school;

(g) promote, encourage and monitor the

democratic governance of schools through School

Councils with the active participation of parents,

teachers and students;

(h) promote, support, coordinate and ensure

lifelong learning services and initiatives, including

educational and cultural initiatives within the

community, e-learning and distance learning, adult

education, evening classes and other initiatives

relating to complementary education and services for

persons having specific learning difficulties;

(i) support and encourage schools and Colleges

in the promotion of school library services, sports,

drama, music and creative and cultural activities

within schools;

(j) promote and procure educational and

cultural programmes within the context of lifelong

learning with all available means of mass

communications, including distance learning;

(k) in collaboration with the Colleges, ensure

the provision of effective services of counsellors,

social workers, psychologists and other professional

persons according to the needs of students and their

families;

(l) in conjunction with Colleges and schools,

provide the resources required for inclusive and

special educational programmes and for other

schemes related to individual educational needs;

(m) ensure the supply and the coordination of

vocational and career guidance services, including the

implementation of programmes aimed at achieving

improved school-workplace correlation and assist in

the transition stages, including those from school to

work;

(n) ensure the provision of services required to

deal effectively with issues of good conduct and

discipline, of child abuse, of bullying and of drug

abuse;

(o) promote the physical and mental health of

students through health information and promotion,

medical screening services and healthy life-style

programmes;

(p) ensure the provision of programmes,

services and human resources required for a safe and

secure environment in schools, for students, teachers

and any person who are in the school, the provision

of a school transport service which may be required

for the students;

(q) support the Colleges in the organisation of

special initiatives and projects, including those after

school-hours;

(r) in the course of the preparation of the

business plan of the Directorate, consider and discuss

the development plans of Colleges and schools,

facilitate formal budgeting of the Colleges, allocate

the necessary finances within the limits of

Government’s general estimates, and ensure that the

allocated funds are being used to finance pre-identified

priorities;

(s) be ultimately responsible to ensure the

necessary compliance by Colleges and schools with

the government financial and audit policies,

procedures and regulations;

(t) communicate the framework and the

guidelines as approved by the Minister concerning the

working conditions of the personnel employed by

Colleges and schools and keep the necessary

information, records and documentation of such

personnel and of financial transactions, including

those relating to the payment of salaries;

(u)

administer State aid to non-State schools;

(v) ensure the fullest possible application and

use of systems of information technology in the

administration and operation of Colleges and schools;

(w) ensure a customer care service at national

level for students, parents and staff of State and Non-

State schools and provide guidance and clear

procedures on how complaints should be made and

be dealt with in an effective manner at the proper level;

(x) carry out any other function as may be

necessary for the attainment of the objectives and the

fulfilment of the duties pertaining to the State as

provided for by this Act.

Subject to the preceding provisions, every

Directorate shall also

(a) sustain an effective dialogue with

whosoever is involved in the educational system and

aim for the widest consensus possible about any matter

which may be relevant to education;

(b) cooperate with local and foreign

institutions, and encourage and facilitate a better

participation in programmes, scholarships, and the

international exchange of students and personnel,

particularly in the institutions and programmes of the

European Union;

(c) keep informed and updated any person who

is involved in the workings of the Directorates with

Government policy, strategy and priorities related to

education within the country, and verify that these are

being followed and implemented;

(d) generally give advice to the Minister on any

matter relating to education and perform any other

function, such as those provided under this law or

under any other law that the Minister may from time

to time assign to the Directorate.

The Directorates shall, subject to their functions,

respect the diversity of educational institutions, services

and programmes, and dialogue and collaborate with other

colleges, schools, agencies and institutions, public and

private, local and foreign, about policies, initiatives and

projects in order to ensure that the whole system operates

effectively within the country.

The Directors General of the Directorates

mentioned in the preceding articles in this Part of this Act

shall be appointed by the Prime Minister for a period of

three years under such terms and conditions as may be

stated in the letter of appointment. The appointment of a

Director General shall be made after a public call for which

there may apply such persons who have the qualifications,

the educational experience and the qualities necessary for

the management of these Directorates. When a term of

office expires, such person may be reappointed for a further

period or periods.

Without prejudice to the provisions of this Act,

the executive management, the administration and the

administrative control of the officers and employees of the

Directorates shall be the responsibility of the Directors

General.

Exchange of

(1) Every Directorate may request, collect and

information

verify

any information, data and statistics, as may be

between the

Directorates.

required for the performance of its functions.

(2) A Directorate shall have access to all information

which another Directorate, the Colleges and schools may

possess, and is entitled to request and obtain all data it

may require from students, parents, personnel and from

public and private educational institutions, and this data

should be given to it within a reasonable time from the

date of request.

(3) Every Directorate shall have access to other

statistics and data of an economic and social nature as

required in order that it may perform its functions according

to this Act.

(1) There shall be a committee to be known as

the Permanent Committee for Education, presided by the

Minister, to discuss and evaluate the policy, the strategy

and the direction and the developments in the education

sector, to facilitate and ensure the effective collaboration

and coordination between the entities established under this

Act, their agencies, and other public and private educational

institutions, and to monitor and follow the implementation

of the educational policy and strategy adopted by the

Government.

(2) The Committee shall be composed as

provided for in Schedule IV attached to this Act, and the

Minister may by regulations amend this Schedule, and

provide for any other matter or procedure he may deem

necessary for the better implementation of the functions

of the Committee.

(1) The Directorate for Quality and Standards

Inspectorate.

in Education shall have an Educational Inspectorate which

provides a professional service of support, guidance,

monitoring, inspection, evaluation and reporting on the

process of teaching in schools, on the application of the

curriculum, syllabi, pedagogy, assessment and

examinations, and on the administration, and on the

assurance and auditing of quality in Colleges and schools.

(2) The Director General of the Directorate

mentioned in the preceding subarticle shall have such

Education Officers and other officers as necessary for the

execution of the functions of the Education Inspectorate

and those other functions which are related to the general

implementation of this Act or of any regulations made

thereunder, and also to perform such work as may be

necessary to assure and audit the quality in Colleges and

schools, and to perform such duties as may be assigned to

them by the Director General.

(1) Such officers, with relevant qualifications

entry and of

as may be necessary and duly authorised in writing by the

Director General of the Directorate for Quality and

Standards in Education, shall have the power to enter in

any College, school, class or place of instruction, and

inspect and report on the teaching process, the physical

environment, and the observance of the conditions,

standards, policies and regulations established and made

by virtue of this Act.

(2) Colleges, schools and educational

institutions, public and private, shall provide any

information and access requested by these officers as they

may deem necessary for the implementation of the

functions of the Directorate for Quality and Standards in

Education.

7. Immediately after new article 19 in new Part II of the

principal Act, there shall be inserted the present articles 8, 9 and 10

which shall be renumbered as articles 20, 21 and 22 respectively.

8. Article 20 as renumbered in the principal Act shall be

amended as follows

(a) immediately after subarticle (8), there shall be added

the following new sub-article

“(9) In considering any application for a licence

under this article, the Minister shall consult the Directorate

for Quality and Standards in Education should the request

be in respect of a school at an early or compulsory

education level, and the National Commission for Higher

Education should the request be in respect of a school at a

further or higher education level.”;

(b) subarticle (9) thereof shall be renumbered as subarticle

(10) and shall be amended as follows

(i) for the words “may appeal to the Scholastic

Tribunal” there shall be substituted the words “may appeal

to the Court of Appeal (Inferior Jurisdiction) according to

the provisions of article 127”; and

(ii) in paragraph (a) thereof, for the words “has been

refused” there shall be substituted the words “has been

refused, suspended or cancelled”; and

(c) the present subarticle (10) shall be renumbered as

subarticle (11), and immediately after the words “the decision

refusing the application” there shall be added the words “or the

decision suspending or withdrawing the licence”.

9. Immediately after article 22 as renumbered of the principal Addition of new

Part III to the

Act there shall be inserted the following new Part

principal Act.

“PART III

THE TEACHERS’ PROFESSION

Without prejudice to the provisions of this Act,

in this Part, insofar as the context does not otherwise

require

“adaptation period” means a period during which

a person may exercise the teaching profession in Malta

under supervision in a licensed school, or in any other

manner as the Council may decide, which period may

include the provision of such further training to such

person, as may be required by the Council, and at the

end of which a proficiency test shall be carried out;

“the Council” means the Council for the

Teaching Profession in Malta established by article

26;

“to practise” in relation to the teaching profession

includes the taking up or pursuit of the teaching

profession in Malta at compulsory education level

bound by the curriculum in a licensed school;

“professional and ethical standards” includes

standards relating to the general conduct of a member

of the teaching profession, including the behaviour

of such member towards his students, during or

consequential to the exercise of his profession, and

behaviour of such member towards other members of

his profession, towards other persons assisting

teachers in the exercise of their profession, and

towards society;

“proficiency test” means a test, as may be

required by the Council in accordance with the

provisions of this Act, having the aim of assessing a

person’s ability to pursue the teaching profession in

Malta;

“registered teacher” means a person who is

registered in the official register of teachers kept by

the Council and who has been granted a warrant to

practise the teaching profession, in accordance with

article 29;

“teacher” means a person trained in the science

of the educational process and in the use of the

pedagogical skills in such manner that such person

has the skill to create an environment which motivates

every student and succeeds to teach such student

effectively by motivating his aspirations for the

highest values in life and help him develop creative

and thinking skills according to his age, his physical

and intellectual development, and according to the

potential of his skills and talents with the final aim

that the student is trained to become a lifelong learner

Provided that, for the purposes of this Part, and

insofar as not otherwise provided in any other law,

“teacher” does not include a Kindergarten or Learning

Support Assistant, a teacher in a school teaching a

language as a foreign language, or any person who

renders a teaching service in cultural, sport and

religious sectors, insofar as this teaching is not being

imparted as an integral part of compulsory education

in terms of the curriculum in a licensed school;

“warrant” means a warrant issued under article

24;

“temporary warrant” means a temporary warrant

issued under article 25.

(1) Subject to the provisions of this Part, no

person shall exercise the teaching profession against

remuneration or hold himself to be professionally qualified

to do so unless such person is the holder of a warrant issued

under this Act.

(2) A person shall not qualify for a warrant

unless such person –

(a) is a Maltese citizen, or is otherwise

permitted to work in Malta under any law; and

(b)

is of good conduct; and

(c)

has full legal capacity; and

(d)

is in possession of

i)

a Degree of Bachelor in Education; or

ii) a Degree of Bachelor together with a

Post-Graduate Certificate in Education; or

iii) a Doctorate, or a Bachelor’s Degree

and a Master’s Degree, together with a certificate

of a pedagogical course organised by the

Directorate for Educational Services established

by article 10 of this Act or by any other institution

which is recognised by the Council; or

iv) any other professional qualification as

the Council may deem comparable; and

(e) satisfies the Council that he has received

adequate experience in the practice of the teaching

profession under supervision in a licensed school, or

in any other manner as the Council may decide, for

an aggregate period of at least two scholastic years

full-time or its equivalent in part-time following the

completion of such degree or such other professional

qualification as hereabove mentioned, and for the

purposes of this paragraph the practice by such teacher

of the profession to acquire the above mentioned

experience shall be deemed to be practice in

accordance with this Act.

(3) The Post-Graduate Certificate in Education,

Bachelor ’s Degree, Masters Degree and Doctorate

mentioned in paragraph (d) (i), (ii) and (iii) in the the

preceding subarticle shall be a Post-Graduate Certificate

in Education, a Bachelor’s Degree, a Master’s Degree and

a Doctorate awarded by the University of Malta.

(4) The Minister may prescribe, instead of any

of the requirements established under the foregoing

provisions of this article, other requirements in terms of

any international or multinational treaty or agreement

entered into by Malta or with the provisions of any

legislation the binding force of which derives from any

such treaty or agreement.

(5) Without prejudice to any provision made

by or under the Mutual Recognition of Qualifications Act,

where the duration of a course leading to the professional

qualification possessed by an applicant is less than the

duration for the course leading to the Degree conferred by

the University of Malta or when the experience referred to

in subarticle (2)(e) is less than two years, the Council may

require the applicant to undertake such adaptation period

not exceeding twice the shortfall, as the Council may

specify. In addition the Council may also submit the

applicant to a proficiency test.

Notwithstanding anything contained in the

provisions of this Part, the Minister may award a temporary

warrant having a validity of one year, that may be renewed

to any person who, in the discretion of the Minister, has

the necessary proficiency to teach in Malta.

(1) There shall be a Council to be known as

the Council for the Teaching Profession, which shall be

composed of the following members

(a) a President appointed by the Minister from

amongst persons who have served, or who have the

qualifications to serve, as magistrate or judge;

(b) three registered teachers who have practised

the profession of teacher for not less than eight years,

appointed by the Minister, two of whom will be chosen

in respect of one of them from among the officials of

the Directorate for Quality and Standards in Education

and the other from among the officials of the

Directorate for Educational Services established under

Part II of this Act;

(c) four registered teachers who have practised

the profession of teacher for not less than eight years,

elected by and from among all registered teachers,

provided that two of whom shall be teaching at the

primary level and the other two at the secondary level

of education, and in either case one shall be teaching

in the State school sector and the other in the non-

State school sector, and for the purposes of this

paragraph the voting for the election of these members

shall be by post according to those procedures as may

be prescribed;

(d) two practising registered teachers from

among registered teachers and who have practised the

profession of teacher for not less than eight years,

nominated by that association registered with the

Council in accordance with the provisions of this Act

and which satisfies the Council that the majority of

the registered teachers are its members;

(e) two members nominated by the University

from among the permanent academic staff of the

Faculty responsible for the education and training of

teachers;

(f) a parent nominated by the parents’

associations

Provided that in relation to the first appointments,

“teacher” means any person who is qualified to be

registered under this Act

Provided further that for the purpose of paragraph

(d), the association or associations to make nominations

in relation to the first appointment shall be that

association or those associations that have the

qualifications to be eventually registered under this Act.

(2) The nominations made in terms of the

preceding article shall, for the first time, be made within

two weeks from a request in writing made therefor by the

Minister, and for any subsequent nomination, within one

month from the occurrence of any vacancy or when the

vacancy arises due to the expiry of the term of office, within

one month prior to the said expiry. In the absence of any

such nomination, the Minister shall make the appointment

from among teachers or parents as the case may be.

(3) The members of the Council shall hold

office for a term of three years.

(4) The members of the Council shall, on the

expiration of their term of office, be eligible to be

reappointed, but they may not serve the Council for more

than three consecutive terms.

(5) In the event that any Council member

vacates his office before completing the appointed term,

the person appointed in his stead shall be appointed for

the remaining period of the original appointment.

(6) The number of members present necessary

to constitute a quorum at the meetings of the Council shall

be half the members plus one, but subject to the presence

of a quorum, the Council may act notwithstanding any

vacancy among its members.

(7) The Minister shall designate a public officer

to act as secretary to the Council, but such secretary shall

not have a vote.

(8) The chairperson of the Council shall have

both an original vote and, in the case of a tie, a casting

vote.

(9) Without prejudice to the aforesaid and to

what may be prescribed, the Council may make its own

rules and otherwise regulate its own procedures.

(10) The meetings of the Council shall be

summoned by the Chairperson and the Council shall meet

as often as may be necessary, but at least once every month.

(11) In the exercise of its functions under this

Act, the Council may consult with such persons as it may

deem appropriate. For such purpose, the Council may invite

any such person to attend meetings of the Council.

(12) The Council shall keep a true and correct

record of all its proceedings and the Council shall give to

the Minister such information as he may require.

(1) Without prejudice to its other powers and

functions, the Council shall regulate the practice of the

teaching profession in Malta, and in particular to –

(a) keep under review and assess education and

training standards and on the fitness to teach of each

person who chooses to practise the teaching

profession;

(b) advise the Minister in relation to these

standards, the initial and continuing training of

teachers, proficiency, experience and qualifications

required for holding and retaining a warrant under this

Act;

(c) consider and advise the Minister with regard

to applications for comparability and recognition of

teaching qualifications;

(d) promote and encourage initiatives which

ensure a continuing professional training and

development programme for warrant holders;

(e) examine applications for a warrant to

practise the teaching profession and make

recommendations to the Minister on the award or

refusal thereof;

(f) keep an official register of all registered

teachers and another register of those holding a

temporary warrant given under article 25, and record

therein any suspension, cancellation and reinstatement

of a warrant;

(g) keep an official register of all teachers’

partnerships;

(h) keep such information as may be required in

relation to associations representing teachers in Malta

and which are registered under the provisions of this

Act;

(i) make recommendations to the Minister,

following consultation with the associations registered

under the provisions of this Act, on the code of

professional standards and ethics that may be

prescribed for the professional behaviour of teachers

which among other things shall include references to

the respect towards and the promotion of fundamental

values in life that are enshrined in the Constitution

and in the laws of the land;

(j) inquire into any allegation of professional

misconduct, gross negligence or incompetence by a

teacher;

(k) advise the Minister on any matter on which

the opinion of the Council is sought by the Minister,

including any advice on persons who practise the

teaching profession while holding a temporary

warrant;

(l) perform such other functions as may arise

from this Act or any other law, or as may be assigned

to it by the Minister.

(2) The Council shall, not later than three

months after the end of each year, publish in the Gazette a

list of persons or partnerships who on the 31 st December

of the said year, were registered for the first time in the

register of teachers or in the register of partnerships of

teachers.

(3) The Council shall, in the performance of

its functions, keep in consideration the public interest, and

draw up and publish a report every three years concerning

its activities in general.

(1) Any person seeking to obtain a warrant to

practise the teaching profession in Malta shall make an

application to the Council which shall be accompanied by

all information and relevant documents in support of the

application, including certificates issued by the competent

authority about the comparability of qualifications and

certificates of their authenticity as the Council may require.

(2) The Council shall make a recommendation

to the Minister for the issue of a warrant as soon as it is

satisfied that the applicant satisfies the minimum

requirements established under this Act.

(3) Where, following an adaptation period

where necessary, the Council is satisfied that the applicant

has successfully completed his training, the Council shall

make a recommendation to the Minister for the issue of a

warrant.

(4) For the purpose of establishing whether an

applicant has successfully completed his training as

aforesaid, the Council may submit the applicant to a

proficiency test under the provisions of this Act or under

regulations issued thereunder.

(5) The Council shall regularly draw the

attention of registered teachers to their obligation to

periodically carry out programmes of continuous

professional development and of up-dating necessary for

the standards and the fitness to teach.

(6) The Council shall also periodically request

registered teachers to provide it with the necessary

information showing which programmes they have

followed.

(7) Whenever the case may be, the Council

shall draw the attention of a registered teacher of his failure

to fulfil this obligation as provided for in this article and

shall give him reasonable time to comply therewith.

(8) When a registered teacher continues to

ignore the request of the Council to follow programmes of

continuous professional development and of updating, the

warrant pertaining to the warrant holder may be suspended

until such time as the warrant holder proves that he is

fulfilling the requirements of the obligation provided for

in this article.

The Council shall consider and make its

recommendations on an application for a warrant to practise

the teaching profession as soon as is reasonably practicable,

for warrant.

but in no case later than four months from the receipt of

the application. On making its recommendations to the

Minister, the Council shall concurrently notify the applicant

of its recommendations, together with the reasons upon

which these were based.

(1) A person shall not be qualified to obtain

or shall not retain a warrant in terms of this Act if such

person has been convicted by any court of criminal

jurisdiction

(a) for any crime liable to imprisonment for a

term exceeding one year; or

(b) of having abused the students’ trust or

having used violence in their regard; or

(c) of any crime because of which such person

may not, in the Council’s opinion, be fit to practise

the teaching profession in a school.

(2) Where a person loses his warrant following

a conviction as is referred to in the preceding subarticle,

notice of such loss shall be given by the Minister in the

Gazette and shall be communicated by the Council to the

person disqualified, unless such person has been interdicted

by the judgement itself, and to the Principal of the College

and to the Head of school where such person is employed

as the case may be.

(1) The Council shall inquire into any alleged

professional misconduct, gross negligence or incompetence

in relation to a teacher.

(2) For the purposes of this article, the terms

“professional misconduct”, “gross negligence”, or

“incompetence”, shall include the following

(a) obtaining a warrant in a deceitful or fraudulent

manner;

(b) contravention against the Code of Ethics

established under this Act;

(c) failure to comply with regulations with

respect to professional standards or practice;

(d) practice or assumption of professional

competence for which the person is not qualified or

the person concerned is not authorised to practise in

terms of his warrant;

(e) acting in a manner which may be detrimental

to the teaching profession;

(f) displaying lack of skill in the practice of the

teaching profession or in carrying out of a duty or

obligation undertaken in the practice of teaching.

(3) Any teacher who is the subject of any

inquiry carried out by the Council shall be given all the

opportunity to make his defence and bring any evidence

in his favour and for such purpose he may be represented

by a lawyer or by any other person of his choice.

(4)

On finalising the inquiry the Council

shall –

(a) if it finds in favour of the teacher, dismiss

the case; or

(b) if it finds the teacher guilty of the alleged

professional misconduct, gross negligence or

incompetence, make a report of its findings and submit

it to the Minister together with its recommendation

for the imposition of any of the following penalties

(i) suspension or cancellation of the

warrant subject to such conditions as may be

recommended;

(ii) suspension or cancellation of the

registration of a partnership of teachers;

(iii) imposition of conditions to be

attached to a warrant;

(iv)

reprimand;

(v)

payment to cover the costs of the

inquiry;

(vi) order the waiver, reduction or refund

of any fees charged for services rendered.

(5) On the cancellation of the warrant of a

teacher the Council shall strike off the name of such person

from the official register of teachers.

(6) The Council’s decision whereby an

application for a warrant is refused or whereby a warrant

is suspended or cancelled shall be notified in writing to

the person who has filed the application or to the warrant

holder, as the case may be, and to the College Principal

and to the Head of school where such teacher practises his

profession as the case may be.

(7) For the purposes of this article, the members

of the Council have the powers that are or may be conferred

under the Inquiries Act, and shall conduct their inquiry as

provided for in the same Act.

(1) Any person who feels aggrieved by the

decision of the Minister, following the recommendations

of the Council to refuse an application for the issuing of a

warrant, or whereby a warrant is to be suspended or

cancelled, under the provisions of this Part, may, within

twenty-one days of the notification given to the Minister,

appeal to the Court of Appeal in its inferior jurisdiction.

(2) Notwithstanding that an appeal has been

instituted in accordance with the provisions of this article,

the warrant shall be considered as suspended or cancelled,

as the case may be, pending the final decision of the Court

of Appeal.

(3) The Minister responsible for justice may

make regulations prescribing the fees that shall be payable

in the Registry of the Court in connection with appeals

under this article

Provided that until such time as fees are so

prescribed by the Minister responsible for justice, the fees

payable with respect to appeals to that Court shall be the

fees applicable to the Court of Magistrates (Malta).

(4) The Board established under article 29 of

the Code of Organization and Civil Procedure shall make

rules establishing the form of such appeals and any other

matters related thereto.

The Minister may, on the recommendation of

the Council, and upon application to this effect, restore

the warrant to a person who is disqualified to hold or who

forfeits such warrant in terms of article 30, or remove such

suspension or cancellation as recommended in terms of

article 31, if the applicant meets such requirements that

may be prescribed. Where the warrant of the teacher has

been reinstated, such teacher is to be again registered in

the official register.

(1) An association of teachers is an association

Association

of teachers established with the primary aim of promoting

the principles, values and standards related to the practice

of the teaching profession.

(2) Any association of teachers may make an

application to the Council to be registered as an association

of teachers for the purposes of this Act.

(3) An association shall be qualified to be

registered under this article if it proves to the Council that

it has a membership of at least ten registered teachers and

that it conforms with such other conditions as may be

prescribed. An association shall submit together with the

application a list of members and such other information

as the Council may require to process the application.

(4) The Council shall have the power to require

any association registered under this article to produce such

records and information regarding the association and its

members as the Council may reasonably require from time

to time.

Partnerships

(1) Two or more warrant holders may form a

civil partnership, in this Act referred to as a “partnership

of teachers”, having for its exclusive object the practice of

the teaching profession and such powers as are necessary

for the attainment of the objects of the partnership.

(2) No person, other than a warrant holder, may

be a partner in a partnership of teachers.

(3) Any such partnership shall, when duly

formed according to law and on payment of the prescribed

fee, be registered with the Council and upon registration

the partners shall, for as long as it is so registered, be

authorised to act in the name and on behalf of the

partnership which shall be entitled to the designation

“Teachers” as part of its name.

(4) Every such partnership shall give to the

Council such information as the Council may reasonably

require or as may be prescribed, and shall give notice to

the Council of any relevant changes in any information

previously given to the Council within fifteen days after

the date on which the change occurs.

Notwithstanding the provisions of any other law

or any other agreement to the contrary, the following

provisions shall apply to a partnership of teachers under

this Act

(a) the partners shall be jointly and severally

responsible for the actions and omissions of each and

every one of them in the performance of their

professional duties, the maintenance of the required

professional standards and conduct and generally in

the fulfilment of their obligations under this Act or

any other applicable law, and shall also be jointly and

severally liable for any loss or damage resulting

therefrom;

(b) any act or thing that may be done by a warrant

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

the name of the partnership; and any act or thing done

in the name of the partnership shall be done by one or

more of the partners;

(c) the responsibilities and liabilities for

anything done or omitted to be done during the period

in which a person was a partner in a partnership of

teachers shall not cease, in respect of such person, by

his retirement, death or other cause by which he ceases

to be a partner.

The provisions of articles 30, 31 and 32 shall

apply to partnerships of teachers as they apply mutatis

mutandis to teachers.

(1) Any person who, for the purpose of

obtaining a warrant or registering a partnership of teachers

under the provisions of this Act, knowingly gives any false

information or otherwise acts in a deceitful or fraudulent

manner, shall be guilty of an offence and shall, on

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

thousand liri or to imprisonment not exceeding twelve

months or to both such fine and imprisonment.

(2) Any person who is found guilty of any other

offence against any provision of this section of this Act

shall be liable on conviction to a fine (multa) not exceeding

five hundred liri, or to three months imprisonment or to

both such fine and imprisonment, and in the case of a

continuing offence to a fine (multa) of five liri for each

day during which the offence continues, subject to a

maximum of two thousand liri.

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

warrant or a temporary warrant issued under this Act,

practises the teaching profession or carries out any

education practice in contravention of the provisions of

this Act, shall be guilty of an offence against this Act.

(4) Any person who uses the words “Teachers”

in relation to a partnership of teachers where such

partnership is not registered in accordance with the

provisions of this Act, or in any manner whatsoever makes

use of a name falsely implying the existence of a

partnership of teachers registered as aforesaid shall be

guilty of an offence against this Act.

(5) For the purpose of this article and subject

to such regulations as may be prescribed, a person shall

not be deemed to be in contravention of the provisions of

this Act if such person is practising the teaching profession

during an adaptation period or when in training, in any

case under supervision in a licensed school or in any other

manner as the Council may decide.

(6) Subject to the provisions of subarticle (5),

no person or any other organisation shall employ any

person other than a registered teacher or a person holding

a temporary warrant for the purpose of practising the

teaching profession.

(7) The provisions of this Act establishing

offences shall be without prejudice to the provisions of

any other law establishing offences and punishments in

respect of the same acts or omissions and shall not, in

particular, affect the application of any higher punishment

under any other law.

Administrative

Where, following an inquiry under the

provisions of article 31, the Council finds a teacher guilty

of any breach of professional conduct or of the Code of

Ethics, the Council may impose such administrative fines

as recommended to the Minister and that the Minister may

prescribe.

The Minister may, after consultation with the

Council, make regulations not inconsistent with the

regulations.

provisions of this Part of this Act, to give better effect to

any of such provisions and generally to regulate the

teaching profession, and, without prejudice to the

generality of the foregoing, such regulations may in

particular include provisions with respect to –

(a) the establishment of standards, practices,

procedures and other duties in the exercise of the

profession of a teacher;

(b) the professional conduct and code of ethics

of teachers and the standards of competency and

integrity to be kept by the profession;

(c) the requirements, conditions and frequency

in relation to the programmes of continuous

professional development for the maintenance of a

warrant;

(d) the work which can be performed and the

services which can be rendered in terms of a warrant,

and the terms and conditions which can be attached

to such warrant;

(e) the fees that may be charged by the Council

in connection with the issue of a warrant, for the

making of any registration under this Act, those annual

or periodic fees that the Council may deem necessary

for its operatioin under the provisions of this Act;

(f) the fees that may be charged by teachers for

their professional services;

(g) the procedures to be followed in cases of

professional misconduct;

(h) the engagement of persons who are employed

to work in a school by virtue of a temporary warrant;

(i) the forms, conduct certificates and other

ancillary matters connected with the application for a

warrant, a test to establish the legal capacity, the

procedures connected with the nomination of members

to the Council, and relating to any other procedure

which may be adopted by the Council;

(j) the appointment, composition and procedures

of committees or sub-committees which the Council

may feel necessary to appoint for any one of its

functions;

(k) any matter which is required or is authorised

by this Act to be prescribed.

(1) Any person who on the coming into force

of this Part is in possession of a permanent warrant obtained

under Part II of the principal Act before the entry into force

of this Part shall be deemed to be a warrant holder with

the same rights and obligations inasmuch as such warrant

had been issued in accordance with the provisions and

conditions of this Part.

(2) A person shall be deemed to remain eligible

for a permanent warrant under the provisions of the

principal Act before having been amended if on the date

of the coming into force of this Part

(a) would have already been enrolled in a

course leading to a Masters’ degree from the

University or so a comparable degree, and would have

been eligible to apply for a permanent warrant under

the provisions of article 11(3)(a) of the Principal Act

before having been amended; or

(b) qualified for a permanent warrant under the

provisions of article 11 (3) (b) of this Act before

having been amended; or

(c) was practising the teaching profession in any

school by virtue of a temporary warrant and had been

practising as such for not less than eight scholastic

years, and is eligible to apply for a permanent warrant

under the provisions of article 11 (3) (d) of this Act

before having been amended due to the fact that such

person had practised the teaching profession in a

school in Malta for a period of not less than fifteen

years and in the opinion of the Minister such person

has the necessary academic skill, shall still be qualified

to be given a warrant inasmuch as such person was

qualified under the provisions of this Part after having

completed fifteen years practice.

A warrant holder may return his warrant to the

Minister and request that his name be cancelled from the

register of teachers.”.

10. (a) The heading “Part III – State Schools” in the principal

Act shall be renumbered and there shall be substituted therefor

the new heading “Part IV – Duty of the State to provide

education”, and articles 16 to 21 shall be renumbered as articles

43 to 48 of the said Part.

(b) The words in article 43 (1) as renumbered of the

principal Act “and who do not have special educational needs,

or who have not qualified for secondary education” shall be

(c) The words in article 44 as renumbered of the principal

Act “and who do not have special educational needs” shall be

(d) (i) For sub-article (1) of article 45 as renumbered

of the principal Act, there shall be substituted the following

words

“(1) “Without prejudice to the provisions of

article 58 of this Act, it shall be the duty of the State

to provide resource centres, whose specialised role

will include provision for children with individual

educational needs who would benefit more from being

in such centres than in mainstream schools, for such

time as may be appropriate depending on their needs.”;

and

(ii) For the words in subarticle (2) of article 45 as

renumbered of the principal Act “when that minor has

special difficulties of a physical, mental or psychological

nature.” there shall be substituted the words “when that

minor has special difficulties of a physical, sensory,

intellectual or psychological nature.”.

11. Article 47 of the principal Act shall be amended as Amendment of

article 47 of the

follows:-

principal Act.

(a) in the Maltese text thereof, for the word “curriculum”

wherever it appears in the marginal note and in the present

subarticles (2) and (3) thereof, there shall be substituted the

word “kurrikulum”;

(b) for subarticle (1) thereof there shall be substituted

the following

“(1) Subject to the provisions of subarticle (2), it

shall be the duty of the Minister, after receiving the

proposals and the advice of the entities established by this

Act, and after consultation with whosoever is involved in

the development of the country, to establish the framework

of the national curriculum both for State schools and for

non-State schools at compulsory educational level and it

shall be the duty of all schools to accomplish this

curriculum according to the potential and the various skills

of students attending thereat and according to the ethos,

the identity and the character of the particular school or

College.”;

(c) subarticles (2), (3) and (4) shall be renumbered as

subarticles (3),(4) and (5) respectively;

(d) immediately after subarticle (1) there shall be

substituted the following new sub-article

“(2) The Minister shall monitor the curricular

activity of the educational Directorates and of every

College and school and has a right to request any data and

report and to take such measures as may result to be

required in order to ensure that school teaching is being

imparted according to the philosophy, vision, strategy,

principles, objectives, standards, and bench-marks

established by the curriculum.”; and

(e) in subarticle (4) as renumbered for the words “school

council may request the Minister to include in the curriculum

of that school” there shall be substituted the words “College or

school council may request the Minister to include in the

curriculum of that College or school”.

12. Immediately after article 48 of the principal Act, there

shall be inserted the following new Part

“PART V

COLLEGES OF STATE SCHOOLS

With an aim of improving the quality, standards,

operation, initiatives and educational achievments in State

schools, there shall be established those Colleges, in such

manner as it may from time to time appear to the Minister

to be necessary in Malta and in Gozo, which shall network

within them State boys and girls schools, and which would

ensure educational experience and services in a full and

continuous process starting from early childhood

education, and through the primary and secondary levels.

Every College shall be under the responsibility, guidance

and administration of a Principal.

(1) Each of the Colleges established under this

Part of this Act is a body corporate having a legal and

distinct personality and which may, subject to the

provisions of this Act, enter contracts, acquire, hold and

dispose of any kind of property for the purposes of its

functions, or to sue or to be sued, and to perform all such

matters and such operations which are incidental or

conducive to the exercise or the execution of its functions

under this Act.

(2) The juridical and judicial representation of

every College mentioned in this article shall vest in its

Principal, provided that each Principal may appoint any

one or more of the officers or employees of the respective

College, to appear on his behalf and in his name in any

judicial proceedings and on any deed, contract, instrument

or other document of whatsoever nature.

It shall be the function of each College to

a) Ensure that students entrusted to the schools

within the College receive their educational

entitlement according to their potential in a full,

continuous and smooth process of education from an

early age to the end of compulsory education in the

perspective of lifelong learning and inspired by the

highest human values.

b) Ensure the responsibility and the

accountability of whosoever is involved in the schools

in the educational process of the students.

c) Develop the character and identity thereof

and ensure the improvement of the quality of the

educational provision in schools by promoting,

achieving and maintaining high results and standards

by all College members and students.

d) Promote dialogue and a team culture among

the Heads and school staff through cooperation,

especially with regard to initiatives and problems

relating to the College as a whole.

e) Ensure that the National Curriculum

Framework is translated into an appropriate

curriculum for College students and that this is

implemented in all its schools with the best

methodologies, including an extensive use of the

information and communication technology as a

pedagogical tool.

f) Ensure the promotion and dissemination of

a culture of evaluation within the schools of the

College, including the implementation of a process

of internal educational auditing and of a full

participation in the external quality assurance

processes.

g) Ensure a professional development process

for teachers and monitor the operation, administration

and general conduct of the schools within the College.

h) Ensure the supply of resources, services and

facilities needed by those who are involved in teaching

and learning, including libraries and specialised

centres of resources, while facilitating, wherever it is

deemed to be opportune, the common use of these

resources, services and facilities.

i) Ensure that whosoever works in the schools

of the College functions effectively in such manner

to ensure a healthy culture of good conduct and of

discipline and also a secure and safe environment.

j) In conjunction with the Directorate for

Educational Services, ensure the timely recruiting of

human resources which schools require, the

organisation of induction courses for new employees

and of continuous professional development

programmes for all school staff, including teachers,

administrators, professional persons entrusted with

psychosocial and support services.

k) Ensure a policy and strategy for the

development of schools within it as centres of lifelong

learning and culture for the communities of the

children and students attending the schools of the

College.

l) Promote the implementation of the national

partnership policy of parents in school development

and in the educational experience of their children and

create an effective home-school partnership.

m) Ensure that the College policies are

followed and implemented.

n) Organise an effective customer care service,

implement an effective comunication programme, and

treat the complaints of students, parents and teachers

according to the guidelines and policies issued by the

Directorates.

o) Promote and facilitate the organisation of

common activities in such sectors like sports and

physical education, culture, drama, music and arts,

and crafts, the environment, healthy life-styles,

creativity and entrepreneurship.

p) Ensure the coordination of research activity,

including action research, both between the College

schools and between the Colleges.

q) Promote contact with child care centres to

facilitate the smooth transition between early

childhood and the entry into kindergarten centres and

schools.

r) Promote and encourage culture and a

wholesome mentality in favour of creativity,

entrepreneurship, proactivity and a positive attitude

towards change.

(1) Every College shall have a Principal who

shall be the Chief Executive Officer of the College and

who shall be responsible to the Directors General as regards

the performance of his functions and of the College

according to respective issues, and to the College Board

where matters are incumbent on the Board according to its

functions.

(2) The Principal shall be appointed by the

Minister on the basis of a definitive and renewable contract,

with a selection process, following a public call made by

the Directorate for Educational Services, and for which

there may apply persons having the professional

qualifications and the required educational experience and

also the managerial and leadership skills for the networking

and effective coordination of schools falling within the

College.

It shall be the duty of every College Principal to

ensure that the functions of the College as provided for in

article 51 are being accomplished, and he shall in particular

a) Create opportunities so that the Heads,

teachers and other staff in schools may contribute to

and exchange ideas, experiences and good practice

and collaborate on common educational programmes,

projects, activities and initiatives.

b) Prepare a business plan for three years as

well as the annual estimates of the College and its

schools and apportion the funds allocated by the

Directorate for Educational Services according to the

needs of the schools within the college as indicated

in the estimates.

c) Be the mentor of the Heads of schools both

when required to act in such manner and when it is so

required of him.

d) Collaborate with the officers of the

Directorates and with local and foreign higher

education institutions, in the initial training and

continuous professional development of teachers and

staff of the schools.

e) Regularly present reports on the activity of

the College and provide the necessary data to the

College Board.

f) Preside over the Council meetings of Heads

of school and in the drawing up of the Council agenda

he should give due consideration to the proposals of

the Heads of school which the Principal may deem to

be opportune to include in the agenda.

(1) Every College shall have a Board appointed

The College

by the Minister and which shall be composed of not less

than five, but not more than seven members, one of whom

shall be appointed President. The members of the Board

shall be appointed for three years provided that when the

term of office of a member expires he may be reappointed

for a further term or terms.

(2) The Minister shall appoint the members of

the Board from among persons who in his opinion may

give a valid contribution to the College and that in making

such appointments he should seek to ensure a balanced

mix of skills and experiences, such as personal initiative,

commitment in education as a parent, educational

leadership or leadership in the community, business skills,

and a civic spirit.

(3) The College Board is a consultative Board,

with the function of supporting the College, to acquire the

services and the resources required for the implementation

of its functions, and to monitor that these functions are

being performed.

(4) The Principal shall report regularly to the

Board on the performance and operation of the College

and point out any matter about which advice would be

required to be given. The Board is entitled to request

information about the functioning and the development of

the College and the Principal is duty bound to procure the

required data. The Board shall discuss the Business Plan

and the Financial Estimates of the College prior to their

presentation to the Directorates for their consideration. The

Board shall contribute towards keeping the College close

to the world of work, the economy, and the communities

to which the students belong.

(5) The Principal shall participate as of right

in every Board meeting while an officer of the College

shall be the Secretary, provided that either or both shall

withdraw from the meeting should the Board discuss

matters connected with their conduct and performance. The

Principal and the Secretary shall always have the right to

make their case.

In each College there shall be a Council of Heads

of school forming the College to be presided by the

Principal. The Council shall

a) Nurture a spirit of collegiality in the running

of the College as a network of schools while

developing a common ethos and identity.

b) Identify the training needs of school staff and

plan staff development opportunities which may be

achieved at College level for its schools.

c) Ensure an exchange of experiences of the

School Development Plans, Performance Management

Programmes, and policies and practices with the

participation of the school community as required.

d) Ensure that the national policies on matters

of education, including those relating to good conduct

and discipline in the schools, the safeguarding against

child and substance abuse, absenteeism, inclusive

education, and any national policy which the Minister

may from time to time adopt, are well understood by

all the teaching and non-teaching staff, and that they

are being effectively followed.

e) Encourage and facilitate the development of

exchanges and projects in partnerships with other

schools in Europe and in any other country.

f) Ensure that parents become partners and

active collaborators in the education of their children

at school and promote lifelong learning among both

parents and the community generally.

g) Ensure that schools make proper use of and

share the resources, facilities and services and that

they develop the partnerships required for the

provision of particular technical support or assistence.

h) Ensure that schools participate in and

support the operations performed by the Education

Inspectorate.

i) Receive and discuss reports presented by the

Principal or by any Head of School and also other

reports which the Principal or the Council requests or

receives.

j) Keep record of the proceedings and decisions

adopted during the Council meetings.

(1) The College Principal shall seek to create

partnerships with other non-State colleges or schools and

conclude an agreement of collaboration in favour of the

education of students.

(2) The Principals or Heads of such non-State

colleges or schools which reach a partnership agreement

with the College shall be entitled to participate in the

Council of the Heads of the College and to work in

conjunction with the Heads of State schools within the

College on educational matters of reciprocal interest and

benefit.

(3) A partnership agreement such as the

aforementioned in this article shall provide for

opportunities of collaboration, the use of common

resources, and exchanges of experience, good practice and

educational programmes.

(1) The Minister and the Directorates shall

promote the application of the principle of subsidiarity in

the management and administration of the Colleges, within

a framework of decentralisation and autonomy of the

educational operation and services given by the Colleges

and their schools according to the priorities, targets and

national strategies adopted by the Government.

(2) Subject to the provisions of this Act, the

Minister may give such directives and make such

regulations as he may deem to be required in order to

delegate in a clear manner educational functions to the

Colleges and establish the parameters of the function and

the effective accountability of every officer or employee

involved in the exercise of the delegated function, of the

decentralisation and the autonomy of the application of

the functions entrusted to schools and Colleges.

(1) The Minister shall ensure that the national

policy on inclusive education is being applied in all schools

and that there are available the resources, tools and facilities

required so that this may be given as effectively as possible.

(2) The Minister shall ensure the existence of

specialised centres of resources which support schools and

Colleges in the implementation of the policy of inclusive

education, which give a service to students having specific

learning difficulties, and others which provide education

and training services to students with individual

educational needs whose educational entitlement may be

better achieved in such centres.

(3) For the purposes of the preceding

subarticles hereof, the Minister may give such directives

and make such regulations as may in his opinion be

required to provide students with individual educational

needs, including the multi-disciplinary assessment of their

condition, the process of statementing, the formulating and

the application of an individual educational programme,

special arrangements on the assesment, tests and

examinations of concerned students, the programmes in

specialised centres of resources or special schools, the

application of therapies or the giving of medicines as

prescribed by competent professional persons according

to any law in force to students while at a school or centre,

means for the reconsideration of and appeals from decisions

on an application for the statementing of a student, and on

any other matter connected with the implementation of the

policy on inclusive education.

Arts, music,

(1) Every College and school shall, since early

childhood, ensure programmes and activities of arts, music,

drama and sport with an aim of fostering in students an

inclination and appreciation towards them, and to exploit

all possible elements of the arts, music, drama and sports

for the purposes of the pedagogical tools and the

educational experience for the better development of the

skills, talents and all various capabilities of the students.

(2) The Minister shall ensure the existence of

schools for the teaching of the arts, music, drama and sport,

and also ensure that these work in an effective network

between them and in effective cooperation with Colleges,

schools and with institutions and centres of the arts, music,

drama and sports established by law or in any other manner.

The Minister may give such directives, institute

community

such programmes and make such regulations as he may

deem to be required so that the facilities of the Colleges

and of the State schools can be used as child care centres,

and so that they may also be used at all times outside normal

school hours as community learning centres for a range of

lifelong learning programmes including those of

complementary and supplementary educational support, for

each activity of physical exercise and sports education, and

for cultural activities of arts, music and drama, for children,

students and adult persons.

(1) The Minister shall ensure that each College

shall implement the national policy on parental partnership

in the educational process of their children.

(2) Every school, whether it is a school within

the College or not, shall have a School Council which shall

be composed of parents and teachers, and a Students’

Council which shall be composed of and selected, and

which shall have the functions, duties, powers and

procedures such as the Minister may from time to time

establish by means of regulations .

(1) Subject to the provisions of this Act, the

Head and the teaching and non-teaching staff of a school,

including whosoever directly or indirectly is involved in

the educational process of students in the school, shall be

responsible for the teaching and the education of students

and for the keeping of discipline in the school and they

shall be responsible for the foregoing to the Principal, the

officers of the Directorates and to the Minister.

(2) It shall be the duty in the first instance of

parents to ensure the motivation of their children for

education and their disposition for good behaviour and

discipline, and for this reason they are bound to cooperate

fully and with due respect with the Head and teachers.

(3) The Minister may, in order to give the best

effect and ensure the implementation of the duties

mentioned in this article, make regulations and policies

and give directives about the emotional and behavioural

difficulties manifested by students, including those to

provide for the services and the resources required, for the

establishment of learning support zones in the school and

of learning support centres outside the school, for the

transfer of students from the class and the school to these

zones and centres, for the suspension and the exclusion of

students from the class and the school as part of a process

of discipline and reintegration, for the means of making

an appeal and for the reconsideration of decisions on

discipline taken by competent authorities, for the adoption

by the College and school of the code of discipline, and

for any other matter ancillary thereto as may be required.

(4) Subject to the provisions of this Act or of

any other law, the regulations and the code of discipline

mentioned in the preceding subarticle hereof may include

provisions about the conduct and the discipline regarding

teachers, other school staff, visitors to a school and

parents.”.

13. Immediately after article 62 of the principal Act there shall Addition of new

Part VI to the

be inserted the following new Part.

principal Act.

“PART VI

ESTABLISHMENT AND FUNCTIONS OF THE

NATIONAL COMMISSION FOR HIGHER

EDUCATION

Without prejudice to the provisions of this Act, in

this Part, insofar as the context does not require otherwise –

“accreditation of programmes or institutions”

refers to the process, relying on internal quality

assurance and external quality audit, of accrediting

education and training institutions and programmes,

showing they have been approved by the competent

authorities as having achieved national and

internatioinal standards;

“approval” includes the administrative process

in accordance with the provisions of this Act or of

any other law for the licensing and periodic reporting

required from institutions to establish themselves or

to attain or maintain a specific institution status, about

decisions whether a course or programme qualifies

or not for an academic degree, or whether an

institution has the right to confer national

qualifications and degrees;

“authorisation” refers to an official decision that

an education and training programme gives the right

to practise a certain profession, trade or other work;

“benchmark” refers to a point of reference

whereby a comparison of results between subjects,

programmes, themes or institutions and leading to an

exchange of experience and best practice;

“the Commission” means the National

Commission for Higher Education established by

article 64;

“evaluation” refers to periodic appraisals on the

improvement of actions, structures, programmes,

outcome, certification, systems of accountability,

accreditation of institutions or courses;

“further education” means all formal education

of persons above the compulsory school age generally

up to ISCED level 4 or NQF level 5;

“further education institution” refers to any

public or private school, college or institute,

providing further education, including a general or

vocational education, and it includes higher

secondary schools, sixth form schools or colleges,

vocational colleges, and further education

franchises; and “further education sector” shall be

construed accordingly;

“higher education” includes activities and

programmes of teaching, training and research at

tertiary level, and in terms of teaching includes the

Diploma, Bachelors, Masters and Doctorate levels,

and also comprises education provided by universities,

institutions, colleges, and franchises of higher

education providing courses at and above ISCED level

5, or at and above NQF level 6; and “higher education

sector” shall be construed accordingly;

“higher education institution” refers to any public

or private institution providing higher education, and

“higher education sector” shall be construed

accordingly;

“institutions” means institutions of advanced

education or of higher education;

“ISCED level” means the level of the

International Standard Classification of Education

(ISCED) adopted in the 29 th Session of the General

Conference of the United Nations Organisation for

Education, Science and Culture (UNESCO) in 1997;

“NQF level” means the levels of qualifications

and competences adopted by the Malta Qualifications

Council Regulations, 2005 which among them form

the National Qualifications Framework, NQF;

“quality assurance” refers to systems which

(a) safeguard the quality of further and

higher education within the economic, social and

cultural context, on a national, European and

international level;

(b) ensure the use of appropriate measures

as a means of improving the quality of teaching,

learning, training and research; and

(c) communicate the outcome of such

findings within an internal and external

framework of accountability;

“quality audit” refers to an external evaluation

process of internal quality assurance mechanisms,

adopted by an institution for its own use in order to

continuously monitor and improve the activities and

services of a subject, programme, theme or the whole

institution;

“recognition” means the process of granting

official status to skills and, or competences either

through the award of certificates or through the grant

of comparability, credits, validation of gained skills

and, or competences.

(1) There shall be established the National

Commission

for Higher Education, which through a

Commission structured dialogue

(a) ascertains the needs and the aspirations of

further and higher education institutions,

(b) informs the public of issues connected with

sustainable development of further and higher

education sectors in Malta in order to meet the needs

of society, and

(c) gives advice to the Government on any

matter which is connected with the further and higher

education sectors.

(2) The affairs and activities of the Commission

are under the direction of the Commission and are dealt

with by the members of the Commission and for this

purpose shall be represented by the Chairman who shall

be able to speak and act on its behalf.

The Commission shall

(a) Formulate the guiding principles for further

and higher education, and propose a clear vision and

sustainable strategic targets and objectives for the

further and higher sectors of education.

(b) Research, analyse, review and, through the

Minister, give advice to the Government on the

development, planning and governance of the further

and higher education policy.

(c) Recommend to the competent authority

systems and policies for the evaluation, approval,

acreditation, authorization and recognition of

institutions and programmes that will ensure their

quality.

(d) Recommend financing policies, and

alternative financing systems, of the further and higher

sectors of education, while addressing the issue of the

adequacy of this financing and of the accountability

of the sectors.

(e) Propose policies which are related to

students on sustainable options, equity in access and

mobility in the institutions, financial support, services

of information and guidance about pathway

development for students.

(f) Recommend policies related to research,

innovation, intellectual property, and knowledge

transfer.

(g) Formulate policies related to the

international dimension of further and higher

education and to the expansion and diversification of

their provision.

(h) Advise and, where the case shall so require,

make such recommendations as may appear to be

required, to the Government and to the institutions,

on any matter or other issue related to further and

higher education.

In reaching its aims, the Commission shall

a) Develop and promote a structured dialogue

among the institutions in the further and higher

education sectors and with relevant stakeholders in

the socio-economic development, including students

and their organisations.

b) Keep a regular dialogue with international

experts on policies, strategies and current sectoral

developments.

c) Collect information, data and statistics as

required for the performance of its functions.

d) Publish studies and thematic reviews which

it deems to be important as relating to

i) National Strategy for Further and

Higher Education;

ii) Key Performance Indicators on the

Further and Higher Education Sectors in Malta;

and

iii) Benchmarking performance against

international developments.

e) Compile and send to the Minister an annual

report, not later than six weeks after the end of each

financial year, on its activities during that year.

f) Maintain and publish an updated register of

authorised and accredited institutions and programmes

available in Malta.

g) Act on specific requests made to it by the

Minister on its objectives and functions as explained

in this Act.

(1) The Minister shall consult with the

Commission on all proposed changes in legislation

connected with further and higher education.

(2) The Commission may act on its own

initiative and make such recommendations to the

Government which it deems to be fit on this educational

sector.

Commission

(1) The Commission shall have full access to

all information available to further and higher public

educational institutions and it shall have the right to request

information.

all data it may require both from public and private

institutions and this data shall be transmitted to it within a

reasonable time from when it was requested.

(2) The Commission shall have access to

statistics and to economic and social data as required so

that the Commission and its Secretariat may be able to

perform their functions in accordance with this Act.

(1) The Commission shall be composed of not

Composition

less than seven and not more than nine members to be

Commission.

nominated by the Minister and appointed by the Prime

Minister for a period of three years and the members shall

be eligible to be re-appointed after their term of office

expires. All members of the Commission shall serve in their

personal capacity.

(2) The Prime Minister shall appoint from

among the members a Chairman and a Deputy Chairman.

In the case when the Chairman is abroad or for any other

reason, for a temporary period, is unable to perform his

functions, the Deputy Chairman shall act as Chairman and

shall perform the powers and functions of the Chairman.

(3) The members of the Commission shall be

persons who, in the opinion of the Minister, possess

leadership qualities, and have an understanding in further

and higher education within the context of the general

socio-economic development.

(4) A person shall not be qualified to be

appointed or hold office as member of the Commission if

such person

a)

is a member of the House of Representatives;

or

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;

f) has any financial or other interest in any

enterprise or activity which may affect the

performance of its functions as a member of the

Commission

Provided that the Minister may set aside such

disqualification of a person under this paragraph if such

person declares having any such interest and both that

declaration and that setting aside of the disqualification

are published in the Gazzette.

(5) Subject to the provisions of this article, the

office of member of the Commission 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 to be a member of the

Commission, such person would be disqualified from

being appointed as such.

(6) A member of the Commission may at any

time be removed or suspended from office by the Prime

Minister on the grounds of inability to perform the

functions of his office as required, either because of mental

or physical illness, or for any other reason due to which

the member would no longer be fit to occupy such office

or due to bad conduct.

(7) A member of the Commission may resign

from his office through a letter addressed to the Prime

Minister. If any member tenders his resignation or is

removed from his office by the Prime Minister or should

the office of any member of the Commission become in

any manner vacant, the Prime Minister may appoint a

qualified person to take up this post; and any person who

is so appointed shall keep on occupying that post up to the

termination of the term of office of the person being so

substituted and such person shall be eligible to be re-

appointed.

(8) A member of the Commission having a Addition

Part VIII to the

direct or indirect interest in any contract made or proposed principal Act.

to be made by the Commission, insofar as such interest is

not of a kind due to which the member may be disqualified

from continuing to hold that office, shall reveal the kind

of his interest in the first sitting of the Commission after

having come to know of the relevant facts. Such matters

as are revealed are to be registered in the minutes of the

sitting of the Commission, and the member concerned shall

withdraw from the sitting while such contract is being

discussed. Such matters as have been revealed are to be

forwarded to the Minister without delay. When such interest

as the member may have is such that it may lead to his

removal from office, the member shall immediately report

the fact to the Minister and, without prejudice to the

provisions of subarticle (4) (f) of this article, he shall offer

to tender his resignation.

(9) Any absence or vacancy among the

members of the Commission, or any participation in its

meetings by any person who is not entitled to such act,

does not invalidate the procedures of the Commission,

insofar as there is a quorum of not less than one-half of the

number of members of the Commission.

(10) Subject to the provisions of this Act and

of any regulations made thereunder, the Commission may

appoint committees and generally regulate its own

procedures.

(11) The Commission shall appoint a Secretary

to keep minutes and a record of the meetings and of its

decisions.

(12) The Commission shall take all necessary

precautions and treat information on commercially

sensitive matters in a highly confidential manner in its

relations with both public and private institutions.

(13) The Minister may, after consulting the

Chairman of the Commission, make regulations regarding

the procedures to be adopted by the Commission in its

operations.

(1) There shall be established by the

Commission

Commission a Secretariat which shall be answerable to the

Commission to follow up and execute its decisions, provide

the necessary information and administrative, technical,

and research support required by the Commission to

perform its functions.

(2) The Secretariat shall annually prepare a

business plan for the consideration and approval of the

Commission. Such plan shall explain the guidance and

operative policies which the Commission would be

adopting and outline the planned work and activities of

the Commission and its Secretariat.

(1) The engagement and the termination of the

Appointment

engagement of the officers and the employees of the

of the Chief

Commission and of the Secretariat shall be a function of

the Commission which acts through the Chairman after

due consultation with the Chief Executive Officer.

(2) Subject to the provisions of this Act and to

all directives of the Commission, the executive and

administrative affairs and the organisation of the

Commission and of the Secretariat, and the administrative

control of its officers and its employees, shall fall within

the responsibility of the Chief Executive Officer .

(3) The Chief Executive Officer shall also be

responsible for the implementation of the purposes and the

functions of the Commission, and without prejudice to the

generality of the aforesaid he shall develop such strategies,

policy and regulations required for the implementation of

the purposes of the Commission, provide information and

give advice to it on any matter according to such matters

as he may deem necessary or expedient, and perform such

other duties as are assigned to him from time to time by

the Commission.

(4) The Chief Executive Officer shall be

appointed by the Commission, with the approval of the

Minister, under such terms and conditions as the

Commission may estabilish in agreement with the Minister.

(5) The Chief Executive Officer shall report to

the Chairman and to the Commission and attend the

Commission’s meetings whenever he is invited to do so.”.

14. The title “Part V – The University of Studies of Malta” of Amendment

Part V of the

the principal Act shall be renumbered and there shall be substituted principal Act.

therefore the new title “Part VII – The University of Malta”, and

articles from 28 to 39A included therein shall be renumbered as

articles from 72 to 84 respectively.

15. Immediately after article 84 of the principal Act there shall Addition

Part VIII to the

be inserted the following new Part

principal Act.

“PART VIII

THE MALTA COLLEGE OF ARTS, SCIENCE

AND TECHNOLOGY

(1) Without prejudice to the provisionis of this

Act, in this Part, insofar as the context does not require

otherwise–

“Administrative Director” means the person

appointed by the Board of Governors to perform such

duties as are indicated in article 105;

“Board of Governors” means the Board of

Governors established by article 92;

“Board of Studies” means the Board of Studies

of the Institute established by article 98;

“Bureau” means the Administrative Bureau

established by article 96;

“the College” in this Part means the Malta

College of Arts, Science and Technology incorporated

by article 86;

“the Council” means the Council of the Institute

established by article 91;

“Institute” means every Institute established by

virtue of articles 90(d) and 93;

“President” means the President of the Board of

Governors appointed by virtue of article 91 (2) and

any person who temporarily occupies that office;

“Principal” means the College Principal

appointed by the Board of Governors to perform the

duties indicated in article 91 (2) and any person who

temporarily occupies that office.

Incorporation

The Malta College of Arts, Science and

of the Malta

Technology, established by Public Deed of the 11 th August,

2000, is being re-established and incorporated in this Act

Science and

to implement the mission to provide studies and training

Technology.

for education in the vocational and professional sectors.

(1) The College shall be a body corporate

having a distinct legal personality and shall be capable,

subject to the provisions of this Act, of entering into

representaton

contracts, of acquiring, holding and disposing of any kind

of property for the purposes of its functions, of suing and

being sued, and of doing all such things and entering into

all such transactions as are incidental or conducive to the

exercise or performance of its functions under this Act.

(2) The legal and juridical representation of the

College shall vest in the Principal, provided that the Board

of Governors may appoint any one or more of its members

or of the officers or employees of the College to appear in

the name and on behalf of the College in any judicial

proceedings and in any act, contract, instrument or other

document whatsoever.

Maltese and English are the official languages

of the College. The College administration may use either

of both languages for official purposes.

(1) The College shall in a general manner

the College.

ensure the existence of educational institutions accessible

to all, and to establish such facilities and such programmes

of education and training, and of work and practical

experience which the College may deem necessary to

provide all with the opportunity to qualify in trades, skills,

artisan or technical or commercial activities, and in the

professions according to the socio-economic needs of the

country in a lifelong learning curriculum framework and

holistic personal development.

(2) The College shall organise instruction and

training at the required levels, including the levels

established by the Malta Qualifications Council.

(3) The College shall ensure optimum quality

at all levels, and shall therefore ensure that whosoever

successfully terminates any instruction and training leading

to the attainment of a certificate at any level shall have the

required educational basis so as to be able to satisfy the

established standards before proceeding any further to the

next level.

(4) The College shall ensure, in such areas as

may be possible and according to the possibilities of the

College, access to each person at first level independently

of any academic qualifications, and shall have special

programmes to serve as an aid for any person to achieve

the required basic education so that such person may

continue and terminate successfully such level according

to established standards, and with this aim the College shall

accredit prior learning.

(5) The College shall provide teaching and

training programmes to help persons acquire qualifications

according to their needs, including by distance learning

and other programmes which are imparted by any effective

means and from any suitable place whatsoever according

to the objective of the particular programme.

(6)

The College shall in a particular manner

(a) promote Malta’s vision as a hub of cultural,

industrial, commercial and services activity for other

regions of the world and in particular for the Euro-

Mediterranean region;

(b) train its students in being able to appreciate

and exploit the challenges and opportunities which

the accelerated process of the global economy is

bringing along with it as a result of the advances being

made in the areas of communication, information

technology and science;

(c) cultivate a culture of creativity, innovation,

entrepreneurship, excellence and flexibility sustained

by the values of commitment, dedication and integrity

at a person’s place of work and in the exercise of a

profession;

(d) foster among students a commitment

towards health and safety at the place of work, and

towards professionalism;

(e) respond at a relevant time and in a relevant

manner to the needs of the labour market by

networking an effective partnership at all levels of

educational and training experience with the

economic, industrial and services sectors, while being

aware that the greater part of enterprises are small or

medium sized;

(f) ensure the implementation of the principles

of inclusive education by providing an equitable

access to all persons in full respect of any diversity;

(g) attribute the necessary importance to

research and development in the areas of applied arts,

science and technology;

(h) show that both academic and vocational

education form an integral part of an educational

process for the holistic development of a person, and

that they should enjoy parity of esteem;

(i) develop curricula, of study and training

based on the concept of lifelong learning; leading to

certificates based on the knowledge and competences

demanded by the labour market;

(j) ensure that the quality and standards of

courses and of certificates awarded are recognised at

both national and international levels;

(k) be guided by the national policies and

strategies as adopted from time to time by Government

in each and every section;

(l) participate in bilateral and regional

exchange programmes and particularly in the

educational and training programmes of the European

Union in which Malta participates from time to time.

(7) The College shall function in proactive co-

ordination with the other educational Entities referred to

in this Act, the Employment and Training Corporation,

constituted bodies, trade union organisations and the other

national organs and agencies which participate in the social

and economic development of the country.

The College shall

(a) through instruction and training in the

subjects of arts, science, technology, technical

knowledge and trades, to guide students enrolled in

any of its courses in the development of the required

skills, competences and proficiency for the exercise

of jobs, professions and callings in the economic,

industrial and services sectors;

(b) on its own, or together with other

institutions, whether public or private, local or foreign,

organise such courses of instruction and training as it

may deem necessary or expedient;

(c) on its own, or together with other

institutions and organizations, organise such cultural,

sports and pastoral activities for the better formation

and enrichment of an individual’s personality;

(d) establish such Institutes, and such entities,

schools, departments, centres and programmes which

it may deem necessary and it shall supervise the

administration thereof;

(e) subject to the provisions of article 89 (4),

establish the conditions for admission to the Institute

and to any other programme of studies and training,

and of practical and work experience and prescribe

the required regulations concerning examinations and

the modalities of instruction and training in such

courses;

(f) provide for adequate procedures for the

certification of persons who have reached the

necessary proficiency in the several areas of study and

training;

(g) award such degrees, diplomas, certificates

or other distinctions which it may deem suitable to

such candidates who satisfy the prescribed conditions

after following the required study courses;

(h) establish the teaching and training posts or

act otherwise as may be required from time to time

and appoint persons to such posts;

(i) establish and maintain as due, libraries,

laboratories, workshops. services and other facilities

required for teaching, training, experimentation,

research and the dissemination of knowledge, science

and technology;

(j) establish internal auditing schemes which

ensure the quality of education and training being

imparted and the effective use of resources;

(k) make regulations concerning the

performance and the conduct of students, teachers and

other persons entrusted with rendering any service at

the College, whether engaged by an indefinite or a

definite contract of service, or by a contract for

services, or if seconded or on loan to the College by

government, public or private entities;

(l) administer the property, resources and funds

allotted to it from time to time by the Government

with an aim of accomplishing the College

programmes, including such other funds as it may

receive or raise from other sources;

(m) do anything required to be done so as to

accomplish its objects according to this Act.

(1) The governing bodies of the College shall

be the following

(a)

the Board of Governors;

(b)

the Council of the Institutes;

(c)

the Administrative Bureau;

(d)

the Boards of Studies of the Institutes;

(e)

the Partnership Office.

(2)

The principal officers of the College are

(a)

the President of the Board of Governors;

(b)

the Principal;

(c)

the Deputy Principals;

(d)

the Registrar;

(e)

the Administrative Director;

(f)

the Heads of the Institutes;

(g)

the Head of the Partnership Office;

(h)

the Librarian; and

(i)

the Financial Controller.

(3) There shall be other officers as may be

established by the Board of Governors from time to time.

Such officers shall be responsible to the Principal for the

conduct of their respective duties.

Composition

(1) The Board of Governors shall be composed

of the Board

of not less than seven and not more than nine members to

be appointed by the Minister for a period of three years

and the members shall be eligible to be re-appointed after

their term of office expires. The members of the Board

shall serve in their personal capacity.

(2) The Minister shall appoint from among the

members a President and a Deputy President. In the case

when the President is abroad or for any other reason, for a

temporary period, is unable to perform his functions, the

Deputy President shall act as President and shall perform

the powers and functions of the President.

(3) The Principal has a right to attend the

meetings of the Board without having a right to vote,

provided that he shall withdraw from each meeting where

matters connected with his performance or contract of work

are discussed.

(4) The members of the Board of Governors

shall be persons having competence or experience in the

education sector, vocational training, the economy,

industry and services sectors or in the social sectors, and

who, in the opinion of the Minister, possess leadership

qualities, and have an understanding of the importance of

vocational education and training within the context of

general socio-economic development.

(5) A member of the Board of Governors may

at any time be removed from office by the Minister on the

grounds of inability to perform the functions of his office

as required, either because of mental or physical illness,

or for any other reason due to which the member would no

longer be fit to occupy such office or due to bad conduct.

(6) A member of the Board may resign from

his office through a letter addressed to the Minister. If any

member tenders his resignation or is removed from his

office by the Minister or should the office of any member

of the Board become in any manner vacant, the Minister

may appoint a qualified person to take up this post; and

any person who is so appointed shall keep on occupying

that post up to the termination of the term of office of the

person being so substituted and such person shall be

eligible to be re-appointed.

(7) A member of the Board of Governors

having a direct or indirect interest in any contract made or

proposed to be made by the Board of Governors, or any

financial interest or otherwise in any enterprise or activity

which may affect the performance of his functions as a

member in this Board, shall reveal the kind of his interest

in the first sitting of the Board of Governors after having

come to know of the relevant facts. Such matters as are

revealed are to be registered in the minutes of the sitting

of the Board, and the member concerned shall withdraw

from the sitting while such contract or matter in which he

has an interest is being discussed. Such matters as have

been revealed are to be forwarded to the Minister without

delay. When such interest as the member may have is such

that it may lead to his removal from office, the member

shall immediately report the fact to the Minister and offer

to tender his resignation, without prejudice to the Minister’s

power to remove such member from the Board.

(8) Any absence or vacancy among the

members of the Board of Governors, or any participation

in its meetings by any person who is not entitled to such

act, does not invalidate the procedures of the Board, insofar

as there is a quorum of not less than one-half of the number

of members of the Board plus one.

(9) Subject to the provisions of this Act and of

any regulations made thereunder, the Board of Governors

may appoint committees and generally regulate its own

procedures.

(10) The Board of Governors shall appoint a

Secretary to keep minutes and a record of the meetings

and of its decisions.

(11) The Board of Governors shall take all

necessary precautions and treat information on

commercially sensitive matters in a highly confidential

manner in its relations with both public and private

institutions.

(12) The Minister may, after consulting the

President of the Board of Governors, make regulations

regarding the procedures to be adopted by the Board of

Governors in the course of its operations.

(1) The Board of Governors shall be the

highest governing body of the College and shall have the

duty of performing the objectives and to exercise the

powers of the College as laid down in the provisions of

this Act, and shall in particular have the following

functions;

(a) to acquire, administer and control the

resources, facilities and property, both movable and

immovable, of the College;

(b) to establish Institutes, departments, centres,

programmes and other educational and training

entities for the due performance of the educational

and training tasks and of interdisciplinary co-

operation;

(c) to distribute between the several Institutes

and other educational and training entities within it

the resources available to the College by way of funds

and by way of premises, facilities, services, equipment

and persons;

(d) to supervise the expenditure and the

administration of the College at all levels and to

approve the annual budget proposals to be submitted

to the Minister within a given time;

(e) to appoint a Principal, and on his advice,

also to appoint the Deputy Principals, the Heads of

the Institutes and of other educational and training

entities, on the basis of a definitive contract, and to

set up, and abolish, any post of an academic, technical

or other nature;

(f) to make statutes, rules and other procedures

in terms of the provisions of this Act;

(g) to appoint Maltese or foreign examiners

according to pre-established statutes and procedures,

and to ensure that payment is effected for their

services;

(h) to ensure that proper academic and training

levels are retained and improved on, and to establish

and supervise internal auditing schemes which ensure

the quality of education;

(i) to enter into such agreements as appear to it

necessary with sectors of economic activity in the

country and with institutions in Malta and overseas

for the better achievement of the objectives of the

College;

(j) to do anything which it may deem necessary

to be done to achieve the objectives of the College

and to execute the powers and functions of the College

which have not been previously vested in another

governing body of the College

Provided that the Institutes, departments, centres,

programmes on other education and training entities as

referred to in paragraph (b) of this sub-article may be

established by the Board of Governors, following

consultation with the Council of Institutes, and their

establishment, statutes and regulations are to be deemed

to have come in force on that date that the Minister may

by notice establish in the Gazette.

(2) The Board of Governors shall also approve

the curricula and the syllabi submitted by the Institute and

by each educational and training entity within it and, where

it deems it so necessary, to revert same to such Institutes

or entities together with its advice about any proposed

amendments.

(3) The Board of Governors shall, where so

approved by the Malta Qualifications Council, certify the

capabilities for the exercise of a trade, calling and

profession, and also of proficiency in any trade, technical

work, technology, or any other commercial or economic

activity.

(4) The Board of Governors shall ensure that

the qualification degrees, diplomas, distinctions and

certificates of the College are recognised both at a national

and at an international level, and that, wherever applicable,

are related to the standards established by the Malta

Qualifications Council.

(5) The Board of Governors shall meet at least

once every two months with a quorum of not less than one-

half of the number of members of the Board plus one.

The Council of the Institutes shall be constituted

Composition

of the following members

(a)

the Principal who presides ex officio;

(b)

the Deputy Principals ex officio;

(c)

the Registrar ex officio;

(d)

the Administrative Director ex officio;

(e)

the Heads of the Institutes ex officio;

(f)

the Head of the Partnership Office ex officio;

(g)

the Librarian ex officio;

(h) two members elected by and from among

the College teaching staff;

(i) two members elected by and from among

the College students; and

(j)

four members appointed by the Minister.

(1) The Council shall be responsible for the

general direction of the vocational and professional

education and training of the College, and shall have the

following functions;

(a) to regulate by means of regulations the

programmes of studies, training, research,

documentation and examinations at the College and

to establish such degrees, diplomas, certificates and

distinctions for such candidates satisfying the

prescribed conditions after following the required

courses of studies and training;

(b) to decide about the persons to whom the

academic, vocational and professional degrees,

diplomas, certificates and other distinctions shall be

awarded;

(c) to establish, subject to the provisions of this

Act, the entry conditions to the College;

(d) to give recognition, following a

recommendation by the competent authorities

according to law, to such degrees, diplomas,

certificates and distinctions of other universities or

educational institutions;

(e) to give advice to the Board of Governors

on any matter related to vocational and professional

education or training;

(f) to deal about any other matter which refers

to education and training and as may arise in the

administration of the College.

(2) The Council shall meet at least every six

weeks and the quorum for the meetings shall be of not less

than one-half of the number of members of the Board plus

one.

There shall be an Administrative Bureau of the

College which shall be constituted of the following persons

(a)

the Principal who shall be Chairperson;

(b)

the Deputy Principals;

(c)

the Registrar;

(d)

the Administrative Director;

(e)

thc Head of the Partnership Office; and

(f)

the Financial Controller.

The Bureau shall meet at least every four weeks

in order to

(a) ensure that the policies, strategy and

decisions adopted by the Board of Governors and by

the Council are actuated;

(b) ensure dialogue, co-ordination and the

effective functioning of the governing bodies,

structures, officers and employees of the College;

(c) under the direction of the Principal, and

without prejudice to any of the provisions of this Part,

take care of all the matters related to the process of

selection and engagement of the personnel the College

may from time to time require, and to propose for the

approval of the Principal the nominations of the

persons so selected;

(d) to pay any wage, salary or remuneration to

the members of the College staff according to scales

which the Board of Governors establishes with the

approval of the Minister;

(e) adopt all necessary measures to apply the

disciplinary procedures and the auditing and quality

assurance schemes of all operations within the

College;

(f) ensure the keeping of lively and proactive

relations between the College and its partners in Malta

and overseas.

(1) Each Institute shall have a Board of Studies

of Studies of to be constituted of the following members

(a) the Head of such Institute who shall be

president ex officio;

(b) one of the Deputy Principals as may be

decided by the Principal who shall be vice-president

ex officio;

(c) the Heads of the Departments of the Institute

ex officio;

(d) a member elected by and from among all

the teaching staff of the Institute;

(e) a member elected by and from among the

students of the Institute;

(f) two members appointed by the Minister

from among persons recognised for their competence

and experience in the educational and training area of

such particular Institute;

(g) representatives of foreign institutes with

which the College may have partnership agreements;

(h) a representative who is selected by the

Minister from an economic sector having close ties

with the area of studies and training of such particular

Institute;

(i) a representative of a professional body

which is recognised by the Minister in the area of

studies and training of such particular Institute.

(2) The Principal shall have the right to

convene a meeting of the Board of Studies of any Institute

whenever he may deem necessary and in such cases he

shall preside the meeting.

Functions of

(1) The

Board of Studies shall have the

the Board of

following functions

(a) to conduct the educational and training work

of the Institute;

(b) to establish the studies, the instruction to

be imparted, the training and the research at the

Institute, centre or programme for which it may be

responsible, and to provide for the administration,

publication and dissemination of the academic,

training and development operations of the Institute

and to allot the work to be done in such activities;

(c) to draft and propose bye-laws relating to the

Institute in terms of the provisions of this Act;

(d) to nominate Maltese or foreign examiners

in terms of previously established and approved

procedures by the Board of Governors;

(e) to prepare plans for the development of the

Institute and to present them for the approval of the

Council and of the Board of Governors.

(2) Bye-laws which are made by the Board of

Studies shall be sent to the Council for its approval and

shall not be presented to the Board of Governors to be

issued unless they are so approved by the Council.

(3) The Board of Studies shall meet at least

once every six weeks and the quorum of the meetings shall

be of five members.

There shall be a Partnership Office whose head

shall be a person appointed for the purpose by the Board

of Governors and who shall also be responsible for the

bilateral and international relations at the College,

including such matters as are related to Europe. The

functions of the Partnership Office are

(a) to develop the necessary relations for the

greater co-operation and synergy between the College

and educational and training institutions, both public

and private, operating in Malta;

(b) to develop by agreement and suitable

measures a proactive partnership between the College

and its Institutes on one part, and the industrial and

services economic sectors on the other;

(c) to develop a partnership agreement between

each Institute of the College on one part, and a foreign

University, College or Institute which acquired

recognition in the particular area of vocational and

professional studies and training for which the

Institute is responsible, on the other;

(d) to ensure full participation in local and

international exchange programmes and those of the

European Union in which Malta participates;

(e) to seek to obtain scholarships for the

College students and to administer those scholarships

which may be offered to foreign students;

(f) to operate schemes which attract foreign

students to College courses.

(1) The President shall be the highest officer

of the College and shall be responsible for ensuring that

the College complies with this Act.

(2) The President shall issue the statutes,

regulations and bye-laws of the governing bodies of the

College and may revert once to any governing body such

statutes, regulations and bye-laws which in his opinion are

not in terms of the law.

(3) The President shall whenever he deems it

necessary, have the power to convene and preside the Board

of Governors, the Council, the Administrative Bureau and

the Board of Studies.

(4) Whenever the office of President is

temporarily vacant, and until a new President is appointed,

and whenever the holder of such office is absent from Malta

or on vacation or is for any reason unable to perform the

functions conferred upon him by this Act, those functions

shall be performed by the Deputy President of the Board

of Governors.

(1) The Principal shall be the Chief Executive

Officer of the College.

(2) The Principal, without prejudice to the

powers vested in the governing bodies of the College by

the provisions of this Act, shall have all the powers

necessary for the governance and administration of the

College, including the power to make such necessary

appointments of officers and employees having an

academic or technical background or of any other kind,

for such period, under such conditions and in accordance

with procedures established by the Board of Governors,

including the power to decide upon any urgent matter of

an educational or other nature

Provided that any such aforementioned decision

effecting any power or function vested by this Act in a

governing body of the College shall be registered by the

Principal and put on the agenda of that governing body in

its first meeting after such decision.

(3) The Principal shall exercise authority over

the teaching staff, examiners, students, examination

candidates, College employees, and whosoever is entrusted

with rendering any service to the College, and he shall

enforce discipline and the strict observance of the

provisions of the Act, of the Statute of the Institutes, bye-

laws and other rules made by the competent bodies of the

College.

(4) The Principal shall confer the degrees,

diplomas, certificates and other distinctions of the College.

(5) The Principal shall ensure that, insofar as

it depends on him, the governing bodies are regularly

constituted, and that he provides for the organisation of

such elections required by this Act, including that they

actually be held as established and without undue delay.

(6) The Principal shall ensure that the

governing bodies meet regularly as established by this Act

and he shall be responsible for the planning and co-

ordination of the activities of the different educational and

training bodies and institutions and for the performance of

the decisions of the competent authorities of the College.

The Deputy Principals shall perform such

functions as are delegated to them by the Principal,

including that they act on his behalf as may be necessary.

The Registrar shall

(a) assist the Principal in the day to day

administration of the academic, educational and

training programmes of the College, and he shall be

responsible for the execution of the instructions of

the Principal;

(b) keep the College seal and also sign all

documents on which the College seal is applied;

(c) sign the documents which certify the

academic and vocational awards given by the College

and keep a full record thereof;

(d) act as secretary to the Council and, either

directly or through a delegate, to the Board of Studies;

(e) be responsible for the records of all

examinations held by the College and for the proper

safekeeping of such records, and for keeping updated

copies of the statutes, regulations and bye-laws;

(f) keep the rolls of the members of the Board

of Governors, Council, Board of Studies, examiners

and students;

(g) keep records of the educational and training

activities of each student;

(h) be responsible, after consultation with the

Heads of the Institutes, for suitable arrangements

about the teaching time-table; and

(i) carry out such other duties as may be called

for by the Principal according to the exigencies of the

College.

The Administrative Director shall, under the

Administrative

direction of thc Principal, be responsible for the

administration and the day to day functioning of the

College, its employees and all movable and immovable

property, and, wherever applicable, he shall execute

decisions made by the governing bodies of the College.

Without prejudice to the provisions of this Act, the

Administrative Director shall perform all other duties as

he may from time to time be requested to perform by the

Principal owing to the exigencies of the College.

The Librarian.

The Librarian is entrusted with the

administration of the Library and he shall

(a) be responsible for the proper cataloguing

of books, both by author and by subject, for their

maintenance and safe-keeping, and for the return of

books issued on loan;

(b)

assist students in their research work;

(c) undertake all correspondence concerning

the Library;

(d) keep a list of all visual and other aids

available for teaching purposes and control the loan

of such material in accordance with the relevant

regulations;

(e) present a report to the Library Committee

on the working of the Library at the end of each

academic year.

(1) The Board of Governors shall during each

financial year ensure the preparation and adoption of a

budget of the revenue and expenditure of the College for

the following year.

(2) The Board of Governors shall ensure the

proper keeping of accounts and other records concerning

its operations and transactions, and shall ensure that a

relative statement of accounts is prepared for each financial

year.

(3) The College accounts shall be audited by

one or more auditors appointed by the Board of Governors

from time to time, while the financial administration of

the College shall be subject to auditing by the Auditor

General.

(4) The Board of Governors shall, not later than

six months from the closing of each financial year, ensure

that a copy of the audited statement of accounts, together

with a report of the activities during that year of the

College, is sent to the Minister together with a copy of the

report made by the auditor or auditors about that statement,

and the Minister shall without undue delay cause such

statements and reports to be laid on the Table of the House

of Representatives.

(1) The Financial Controller shall, under the

The Financial

direction of the Principal or the Deputy Principal as

delegated by the Principal, be responsible for the day to

day administration of the College finances, reporting to

the said Principal.

(2)

In particular, the Financial Controller shall

(a)

prepare –

(i) the annual budget of revenue and

expenditure;

(ii) the annual comparative statement of

revenue and expenditure;

(iii) the annual balance sheet and

statement of accounts;

(b) be responsible for the collection of revenue

and moneys due to the College;

(c) exercise immediate control

over

expenditure out of approved provisions;

(d) maintain adequate accounting systems

embracing the whole of the financial operations of

the College;

(e) be responsible for all ordering and

purchasing and for the control of stores and

inventories;

(f) carry out such internal auditing and control

as he deems necessary;

(g) in conjunction with the Principal or the

Administrative Director, countersign bills of

exchange, cheques, bank drafts, letters of credit and

all other banking, financial and commercial

documents, subject to any restrictions made by the

Board of Governors;

(h) discharge such other duties as may be called

upon the Principal owing to the exigencies of the

College.

(1) The appointment of staff with duties of

appointments

teaching,

training and, or research shall be made in the

grades of professor, associate professor, senior lecturer,

or research. lecturer, assistant lecturer, teaching assistant, research

assistant or in any other grade approved by the Board of

Governors according to the qualifications of the person

being appointed.

(2) Posts may be advertised for appointments

within specified grades.

(3) An appointment to a post with formal duties

of teaching and, or, research shall be made by the Principal

and confirmed by the Board of Governors.

The proper official dress which the principal

Official dress.

officers of the College, instructors, graduates, students and

other members of the College are expected to wear on

official occasions shall be prescribed by regulations made

by the Board of Governors following consultations with

Council.

(1) Degrees and diplomas shall he awarded

degrees and

at a public ceremony or, with the consent of the Board of

Governors, at a private ceremony or in absentia.

(2) A candidate shall be eligible for the award

of a degree or diploma only after certification by the

Principal that all the conditions prescribed by statutes,

regulations and bye-laws relevant to that degree or diploma

have been fulfilled, and insofar as all other obligations and

responsibilities of the candidate towards the College have

also been satisfied.

(3) No person may be considered as holding a

degree or diploma of the College unless such degree or

diploma has been conferred as prescribed in subarticle (1)

hereof.

(1) Any person holding office on a governing

body of the College shall, unless otherwise specifically

provided elsewhere in this Act, hold such office for a period

of two years

the College.

Provided that any person holding office on a

governing body of the College shall continue to hold that

office, notwithstanding such person having terminated the

relative period, until the time when an election is held or

another person is appointed to occupy that office in his

stead.

(2) Any governing body of the College may act

notwithstanding any vacancy in its membership and

quorum shall be computed as if there were no such vacancy.

(3) Any matter proposed for decision at any

meeting of any governing body of the College shall be

determined by a majority of the votes of the members

present and voting, and if, on any such question the votes

are equally divided, the presiding member shall have and

exercise a casting vote.”.

16. Immediately after Schedule III to the principal Act, there

shall be substituted new Schedule IV contained in Schedule A to

this Act.

17. Immediately after article 112 of the principal Act there

shall be inserted the following new Part

“PART IX

OFFICERS AND STAFF OF THE ENTITIES

(1) Subject to the provisions of the

appointments.

Constitution and of any other enactment applicable hereto,

including this Act, any entity, acting with the concurrence

of the Minister, may appoint and employ such officials and

other employees which may from time to time be required

for the due and efficient performance of its functions.

(2) Such appointment and employment of the

said officials and employees shall be effected with such

remuneration and upon such terms and conditions as the

entity may, in concurrence with the Minister, from time to

time, determine.

(1) The Prime Minister may, at the request

of any entity made with the concurrence of the Minister,

from time to time direct that any public officer be detailed

for duty with an entity in such capacity and with effect

from such date and for such duration as may be specified

in the Prime Minister’s direction.

(2) The period during which an order, as herebefore

mentioned, shall apply in regard of an officer specified

therein, unless the officer retires from public service or

otherwise does not remain in office as from an earlier date,

shall be such as may be specified in the order, unless such

order is previously revoked by the Prime Minister.

(3) Where any officer is detailed for duty with

an entity according to the provisions of this article, such

officer shall, during the time in which such direction has

effect in relation to him, be under the administrative

authority and control of the entity, but he shall for other

intents and purposes remain and be considered and treated

as a public officer.

(4) Without prejudice to the generality of the

foregoing, an officer detailed for duty as aforesaid –

(a) shall not during the time in respect of which

he is so detailed -

(i) be precluded from applying for a

transfer to a department of the Government in

accordance with the terms and conditions of

service attached to the appointment under the

Government held by him at a date on which he is

so detailed for duty; or

(ii) be so employed that his remuneration

and conditions of service are less favourable than

those which are attached to the appointment

under the Government held by him at the date

aforesaid or which would have become attached

to such appointment, during the said period, had

such officer not been detailed for duty with the

entity; and

(b) shall be entitled to have his service with the

entity considered as service with the Government for

the purposes of any pension, gratuity, or benefit under

the Pensions Ordinance and the Widows’ and Orphans’

Pensions Act and of any other right or privilege to

which he would be entitled, and liable to any liability

to which he would be liable, but for the fact of his

being detailed for duty with an entity.

(5) Where an application is made as provided

in subarticle (4)(a)(i), the same consideration shall be given

thereto as if the applicant had not been detailed for service

with the entity.

(6) The entity shall pay to the Government,

where applicable, such contributions as may from time to

time be determined by the Minister responsible for finance

in respect of the cost of pensions and gratuities earned by

an officer detailed for duty with the entity as aforesaid

during the period in which he is so detailed.

(1) An entity may, with the approval of the

Prime Minister, offer to any officer detailed for duty with

employment

the said entity under the provision of article 114 permanent

employment with the entity at a remuneration and on terms

and conditions not less favourable than those enjoyed by

such officer at the date of such offer.

(2) The terms and conditions comprised in any

offer made as aforesaid shall not be deemed to be less

favourable merely because they are not in all respects

identical with or superior to those enjoyed by the officer

concerned at the date of such offer, if such terms and

conditions, taken as a whole, in the opinion of the Prime

Minister, offer substantially equivalent or greater benefits.

(3) Every officer who accepts permanent

employment with the entity, offered to him under the

provisions of subarticle (1) of this article, shall for all

purposes other than those of the Pensions Ordinance and

of the Widows’ and Orphans’ Pensions Act, be deemed to

have ceased to be in service with the Government and to

have entered into service with the entity on the date of his

acceptance, and for the purposes of the said Ordinance and

of the said Act, so far as applicable to him, service with

the entity shall be deemed to be service with the

Government within the meanings thereof respectively.

(4) Every such officer as aforesaid who,

immediately before accepting permanent employment with

the entity was entitled to benefit under the Widows’ and

Orphans’ Pensions Act, shall continue to be so entitled to

benefit thereunder to all intents as if his service with the

entity were service with the Government.

(5) The entity shall pay to the Government such

contributions as may from time to time be determined by

the Minister responsible for finance in respect of the cost

of pensions and gratuities earned by an officer who has

accepted permanent employment with the entity as

aforesaid during the period commencing on the date of such

officer’s acceptance.

(6) For the purpose of the Pensions Ordinance

the pensionable emoluments of such public officer on

retirement shall be deemed to be the pensionable

emoluments payable to an officer in Government service

in a grade and at an incremental level corresponding to the

post and incremental level at which the officer retires from

the entity.

(7) (a) For the purposes of this article posts

and salary grades with the entity shall be classified in the

most nearly corresponding grades and incremental levels

in the service under the Government of Malta by reference

to job description, skills, responsibilities and other

analogous factors.

(b) The classification referred to in paragraph

(a) shall be carried out by a Board composed of a

Chairperson appointed by the Ministry responsible for

finance and two other members, one appointed by the

Ministry responsible centrally for personnel policies

in the public service and one appointed by the entity

concerned. The classification shall be subject to the

final approval of the Minister responsible for finance.

(c) Such classification shall take place within

three months of any adjustment of salaries of

employees in Government service and, or of

employees of an entity.

(d) No post shall be classified in a grade higher

than that of a Grade 3 in the service of the Government

or such other grade that the Minister responsible for

finance may from time to time by notice in the Gazette

determine.

(e) Without prejudice to the provisions of

article 113 of the Constitution, no person may,

following a classification as aforesaid, be entitled to

rights under the said Pensions Ordinance less

favourable than those to which he would have been

entitled prior to such classification.”.

18. Immediately after article 115 of the principal Act there

shall be inserted the following new Part

“PART X

FINANCIAL PROVISIONS

(1) Without prejudice to the following

provisions of this article, every entity shall so conduct its

expenditure

affairs that the expenditure required for the proper

performance of its functions shall, as far as possible and

practicable, be met out of its revenue.

(2) In case an entity registers any excess of

revenue over expenditure, this excess shall, subject to such

directives as the Minister, after consultation with the

Minister responsible for finance, may from time to time

give, be applied by the entity to the formation of reserve

funds to be used for the purposes of the functions of the

entity;

(3) Any funds of an entity not immediately

required to meet expenditure may be invested in such

manner as may from time to time be approved by the

Minister.

The Minister responsible for finance may, after

consultation

with the Minister, make advances to the entity

Government.

of such sums as he may agree to be required by the entity

for carrying out any of its functions under this Act, and

may make such advances on such terms and conditions as

he may, after consultation as aforesaid, deem appropriate.

Any such advance may be made by the Minister responsible

for finance out of the Consolidated Fund, and without

further appropriation other than this Act, by warrant under

his hand authorising the Accountant General to make such

advance.

(1) For the purpose of carrying out any of its

functions

under this Act, the entity may, with the approval

raise capital.

in writing of the Minister, given after consultation with

the Minister responsible for finance, borrow or raise money

in such manner, from such person, body or authority, and

under such terms and conditions as the Minister, after

consultation as aforesaid, may in writing approve.

(2) An entity may also, from time to time,

borrow, by way of overdraft or otherwise, such sums as it

may require by way of working capital for carrying out its

functions under this Act

Provided that for any facility in an amount exceeding

thirty thousand liri, there shall be required the approval of

the Minister in writing.

(1) The Minister responsible for finance may,

Government. for any requirements of an entity of a capital nature,

contract or raise loans, or incur liabilities, for such periods

and on such terms and conditions as he may deem

appropriate; and any sums due in respect of or in connection

with any such loan or liability shall be a charge on the

Consolidated Fund.

(2) Notice of any loans, liabilities or advances made

or incurred under the foregoing provisions of this article

shall be given to the House of Representatives as soon as

practicable.

(3) Pending the raising of any such loan as is

mentioned in subarticle (1), or for the purpose of providing

the entity with working capital, the Minister responsible

for finance may, by warrant under his hand, and without

further appropriation other than this Act, authorise the

Accountant General to make advances to the entity out of

the Treasury Clearance Fund under such terms as may be

specified by the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes

of making advances to an entity, and any other moneys to

be advanced to an entity under this article, shall be paid

into a fund specially established for the purpose.

(5) Sums received by the Accountant General from

an entity in respect of advances made to the entity under

this article, shall be paid, as respects of amounts received

by way of repayment into the Treasury Clearance Fund

and, as respects amounts received by way of interest into

the Consolidated Fund.

Estimates of

(1) An entity shall cause to be prepared in

every financial year, and shall not later than the end of

September of each such year adopt, estimates of the income

and expenditure of the entity for the next following

financial year

Provided that the estimates for the first financial year

of each entity shall be prepared and adopted within such

time as the Minister may by notice in writing to the entity

specify.

(2) In the preparation of such estimates the

entity shall take account of any funds and other monies

that may be due to be paid to it out of the Consolidated

Fund during the relevant financial year, whether by virtue

of this Act or an appropriation Act or of any other law; and

the entity shall so prepare the said estimates as to ensure

that the total revenues of the entity are at least sufficient

to meet all sums properly chargeable to its revenue account

including, 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

comparison with previous years as the Minister responsible

for finance may direct.

(4) A copy of the estimates shall, upon their

adoption by the entity, be sent forthwith by the entity to

the Minister and to the Minister responsible for finance.

The Minister shall at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates

from the entity, after consultation with the Minister

responsible for finance, approve the same with or without

amendment. The Minister shall as soon as practicable cause

the total amount of these approved estimates to form an

integral part of the Government General Estimates.

(1) No expenditure shall be made or incurred

an

entity unless provision therefor has been made in

the estimates approved as provided in article 120.

(2) Notwithstanding the provisions of

subarticle (1) –

(a) until the expiry of six months from the

beginning of a financial year, or until the approval of

the estimates for that year by the Minister, whichever

is the earlier date, the entity may make or incur

expenditure for carrying on its functions under this

Act not exceeding in the aggregate one-half of the

amount approved by the Minister for the preceding

financial year;

(b) expenditure approved in respect of a head

or sub-head of the estimates may, with the approval

of the Minister given after consultation with the

Minister responsible for finance, be made or incurred

in respect of another head or sub-head of the estimates;

(c) in respect of the first financial year, the

entity may make or incur expenditure not exceeding

in the aggregate such amounts as the Minister

responsible for finance may, after consultation with

the Minister, allow;

(d) if in respect of any financial year it is found

that the amount approved by the Minister is not

sufficient or a need has arisen for expenditure for a

purpose not provided for in the estimates, the entity

may adopt supplementary estimates for approval by

the Minister, and in any such case the provisions of

this Act applicable to the estimates shall as near as

practicable apply to the supplementary estimates.

(1) The entity shall cause to be kept proper

accounts and other records in respect of its operations, and

shall cause to be prepared a statement of accounts in respect

of each financial year.

(2) The accounts of the entity shall be audited

by an auditor or auditors to be appointed by the entity and

approved by the Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and

accounts of every entity to be audited or examined by the

Auditor General who shall for the purpose have the power

to carry out such physical checking and other verifications

as he may deem necessary.

(3) After the end of each financial year, and

not later than the date on which the estimates of the entity

are forwarded to the Minister under article 120 (4), each

Entity shall cause a copy of the statement of account duly

audited to be transmitted to the Minister and to the Minister

responsible for finance together with a copy of any report

made by the auditor or auditors on that statement or on the

accounts of the entity.

(4) The Minister shall, as soon as practicable,

cause a copy of every such statement and report to be laid

on the Table of the House of Representatives.

(1) All monies accruing to the entity shall be

paid

into

a bank or banks appointed as bankers by the entity

and payment

with the approval of the Minister. Such monies shall, as

far as practicable, be paid into any such banks from day to

day, except for such sum as the entity may authorise to be

retained to meet petty disbursements and immediate cash

payments.

(2) All payments out of the funds of the entity, other

than petty disbursements not exceeding a sum as from time

to time may be fixed by the entity, shall be made by such

officer or officers of the entity as the entity shall appoint

or designate for that purpose.

(3) Cheques against and withdrawals from any bank

account of the entity shall be signed by such officer of the

entity as may be appointed or designated by the entity for

that purpose and shall be countersigned by such other

member or officer of the entity as may be authorised by

the entity for that purpose.

(4) Each entity 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 entity 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 entity and 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 entity.

Contracts of

No entity shall, except with the approval of the

Minister granted for special reasons and after consultation

with the Minister responsible for finance, award or enter

into any contract for the supply of goods or materials or

for the execution of works, or for the rendering of services,

to or for the benefit of the entity, which is estimated by the

entity to exceed three thousand liri in value, or such other

amount as the Minister responsible for finance may by

regulations under this article prescribe, except after notice

of the intention of the entity to enter into the contract has

been published and competitive tenders have been issued.

19. The heading “Part VI” immediately after new article 124 Amendment of the

heading of Part VI

of the principal Act, shall be renumbered as the heading “Part XI”, of the principal

and articles 40 to 44 and 45 to 48 which are contained therein shall Act.

be renumbered as articles 125 to 29 and 133 to 136 respectively.

20. Article 127 as renumbered of the principal Act shall be Substitution of

deleted and there shall be substituted therefor the following new article

renumbered of the

principal Act.

(1) When a person who applies for a licence

to open a school under article 20 of this Act has his

application refused, or when the applicant has not been

served notice in writing of the decision of the Minister as

established in subarticle (6) of article 20, or when a school

licence is suspended or withdrawn by the Minister, the

applicant or the licence holder may, within the time

prescribed in subarticle (11) of article 20, appeal to the

Court of Appeal in its Inferior Jurisdiction.

(2) Notwithstanding that an appeal would have

been lodged in accordance with the provisions of this

article, a licence shall be considered as having been

suspended or cancelled, as the case may be, pending the

final decision of the Court of Appeal.

(3) The Minister responsible for justice may

make regulations which establish the fees to be paid in the

Court registry with regard to appeals made under this

article

Provided that until such fees are established by

the Minister responsible for justice, the fees that are due

to be paid for appeals before that Court shall be the same

fees as apply to the Court of Magistrates (Malta).

(4) The Board established by virtue of article 29 of

the Code of Organisation and Civili Procedure, shall make

regulations which establish the form of such appeals and

other matters relating thereto.”.

21. Article 128 as renumbered of the principal Act shall be

amended as follows:-

(a) in subarticle (1) thereof, for the words “without the

written permission of the Minister,” there shall be substituted

the words “without the written permission of the Director

General of the Directorate for Educational Services”;

(b) subarticles (2), (3) and (4) thereof shall be

renumbered as subarticles (3), (4) and (5) and wherever in these

subarticles the word “Minister” occurs there shall be substituted

the words “Director General of the Directorate referred to in

this article”; and

(c) immediately after subarticle (1) thereof, there shall

be inserted the following new sub-article

“(2) The Director General of this Directorate may

give his permission under subarticle (1) when the minor

concerned, notwithstanding that he is under the compulsory

age to start attending school, would have terminated the

full obligatory course at secondary level and produces

evidence that he has an offer in writing for him to make a

work experience exclusively during the summer holiday

period.”.

22. Article 129 as renumbered of the principal Act shall be Amendment

article 129 as

amended as follows:-

renumbered of the

principal Act.

(a) in the proviso to subarticle (1) thereof, for the words

“from the Director of Education” there shall be substituted the

words “from the Director General of the Directorate for

Educational Services”; and

(b) subarticle (3) and the proviso to subarticle (6) shall

be deleted, and subarticles (4), (5) and (6) shall be renumbered

as subarticles (3), (4) and (5) respectively.

23. Immediately after article 129 as renumbered of the Addition of new

articles 130 to 132

principal Act, there shall be added the following new articles:-

to the principal

Act.

For the purposes of the Criminal Code and of

considered to

any provision relating to a criminal offence, the members

of any Board, Directorate, College, Committee,

Commission, Council and any officer or employee of any

entity, shall be considered and be treated as public officers.

Without prejudice to the provisions of this Act

Establishment

or of some other law, the Prime Minister may by Order in

the Gazette establish other entities, including those

agencies, directorates, departments or other educational

institutions as he may deem necessary for the better quality

and provision of education and training services in the

country, and the Prime Minister may also by an Order in

the Gazette constitute any entity established under this Act

a body corporate with its own juridical and distinct

personality, and the Prime Minister shall in such a case,

by means of regulations, provide for any matter that may

be necessary for the effective management of the entity

mentioned in the relative Order.

(1) The Minister shall ensure the existence

of an institution to provide courses and programmes of

education and training, including practical and work

experience, at the levels of further and higher education,

that lead to recognised qualifications in trades, skills, and

professions as may be necessary in the tourism, restaurants

and the catering industry and services, and all this in a

curricular framework of lifelong learning and the holistic

development of the person.

(2) Without prejudice to the provisions of this

Act or of some other law, the Minister may make

regulations to regulate and to provide for any matter related

to the bodies, administration and control, the education and

training policies, functions, appointments and conditions

of work of teachers, officers and employees, the financing

of the institution, internal and external educational quality

audit and assurance, and any other matter that may be

necessary for the performance and results of the institution

referred to in sub-article (1) of this article.”.

24. Immediately after article 133 as renumbered, and for

former article 46 of the principal Act, there shall be substituted the

following new article:-

(1) The Minister may, from time to time give

to any of the entities or to any of its officers or employees

such directives and orders, not being inconsistent with the

provisions of this Act, as the Minister may deem opportune

with regard to the policy that has to be followed by them

and to the operation and implementation of their functions,

and on any other matter which appears to the Minister to

be connected with the education, and the entity, officer or

employee concerned shall, as much as possible without

delay, comply with and act in accordance with these

directives and orders and shall conduct their functioning

in accordance with these principles.

(2) Every entity shall give the Minister all required

facilities so that he may obtain all information connected

with their affairs and activities of any entity, officer or

employee, and for this purpose they shall supply the

Minister with returns, bills and any other information

connected thereto, or with their functions, and give him

all required facilities to audit all given information, in such

manner and within such times as the Minister may

reasonably require.”.

25. For article 135 as renumbered of the principal Act, there

shall be substituted the following:-

The Minister may, subject to the provisions of

this Act, make regulations to give effect to any of the

regulations.

provisions of this Act, or to regulate or otherwise provide

about any thing 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) subject to the provisions of the Constitution

or of any other law which may be applicable, provide

for any matter as may be necessary, including

advertisements, the process of applications, selection

boards, interviews, examinations, the assessment and

evaluation of candidates, publication of results,

connected with the process of appointment or

promotion or assignment of position to any officer

and employee of an entity, and to acquire such

necessary data for the records of the staff of the

entities;

(b) to provide for the appointment, conditions

of employment, duties and powers of teachers, officers

and employees of the entities, and also of officers and

employees of a Department or other agency who may

have functions by any other law which regard the

health and the treatment of children and students,

including provisions to empower each one of such

officers to visit children at their homes and to examine

them or to make other investigations

Provided that in regulations relating to officers

and employees of a Department or agency falling

under the responsibility of another Minister, the

Minister shall make such regulations with the approval

of such other Minister;

(c) to better provide for the duties and functions

of Heads, officers and employees and for the

assignment of duties in a place or an entity according

to their grade or position and for their transfer from

one place to another within an entity;

(d) to require the parents to give to the Minister,

the Directors General, and to each Director, Principal,

Head of school, officer or employee of any entity, as

duly authorised by the Minister or by the Directors

General, or by a Principal such data about their

children as is necessary for the due performance of

the functions and the duties of each entity and its

officers, including such data as may be specified in

the regulations;

(e) to establish, communicate and require the

execution of a National Curriculum Framework of

studies subject to the specific religious nature of any

school;

(f) to establish the qualifications of professional

persons, officers and other employees of the entities

and schools, the curricula, terms, school days and

times, students’ uniforms, parents’ days, the national

minimum conditions of schools, and any other matter

connected with or incidental to the implementation

of the functions or to the operation and administration

of entities and of State schools and to the discipline

to be kept thereat;

(g) to prescribe such data, reports and statement

of accounts which have to be sent to the Minister or

to the Directors General by the Principals, Heads of

schools and such other officers and persons relating

to education as the Minister may deem necessary to

request, and in such manner, in such form, time and

on such subjects as he may specify in the regulations;

(h) 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;

(i) to give direction for the better practice of

any profession related to education, including initial

training and continuous professional development of

officials and employees of entities and to establish

benchmarks, standards and assures quality, including

internal quality assurance and external auditing

processes, in institutions, schools and educational

entities;

(j) to provide about any form or procedure

which may be required or expedient and about which

there would be no specific procedure in this Act;

(k) to establish rules by means of which the

Government may ratify and give effect to international

conventions relating to education and which has

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;

(l) to establish, unless otherwise provided in

this Act or in any other law, a statute and rules to

regulate the mission, scope, functions, powers and

duties, financial accountability or otherwise, and any

other procedure which has to be followed, performed

and observed by any entity, Committee or Council

established by or under this Act;

(m) to afford, subject also to the provisions of

any other law, to a person aggrieved by the decision

of any entity, agency, the Malta College of Arts,

Science and Technology, the University, or any body

or organisation established under this Act, means and

procedures either to lodge its complaints and

aggravation about a decision or to contest or appeal

from such a decision and to be so satisfied if its

aggravation is upheld;

(n) to regulate the meetings of any entity, board,

or committee, including procedures relating to a

quorum, making decisions by means of voting,

keeping of minutes and any other matter ancillary

thereto;

(o) to provide on 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;

(p) to establish anything which is due to be or

may be established under this Act and to provide on

any other matter as may be deemed to be appropriate;

(q) 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

Provided that regulations made under this article

may provide differently for different aims or

circumstances, for different classes or kinds of

schools, and for different classes of children;

(r) to bring into force the provisions of the

Mutual Recognition of Qualifications Act and all

regulations made thereunder, on the mutual

recognition of qualifications of a teacher;

(s) to better regulate the operation and the

provision of services in the Colleges and schools,

including all matters concerning personnel,

equipment, building, management, the use of school

premises after normal school hours, partnerships

between Colleges and State schools, and non-State

schools and international exchanges, and participation

in EU programmes;

(t) to provide processes of accreditation,

approval, authorization, evaluations and recognition,

as well as quality assurance and verification of

programmes or of educational instititions, and access

to and gathering of informatioin, statistics and data

by the Natioinal Commission for Higher Education

and the Secretariat of the same Commission, that are

both established by articles 64 and 70 respectively.”.

26. Unless otherwise stated, in the following table, in the

provisions under the First Column thereof, for the words and phrases

in the Second Column thereof there shall be substituted the words

and phrases in the Third Column thereof.

A

First Column

Second Column

Third Column

Article as now

Old article number

Mode of change

renumbered

to be changed

by new article

Article 46

16, 17 and 18

43, 44 and 45

Article 84

Article 133(1)

44(1)

129(1)

Article 133(2)

44(2)

129(2)

Article 136(1)

Article 136(3)

Article 136(4)

Article 136(5)

28 to 39< 28

72 to 83< 72

Article 136(6)