ACT No. XIII of 2012 An ACT to amend the law related to Education 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

(L.S.) A nton T abone

Acting President

ACT No. XIII of 2012

An ACT to amend the law related to Education

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:-

(1) The title of this Act is the Education (Amendment)

Act, 2012 and it shall be read and construed as one with the

Education Act, hereinafter in this part referred to as “the principal

Act”.

(2) 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 or different purposes of this Act.

In the Arrangement of Act of the principal Act, for the

words “Establishment and Functions of the National Commission

for Higher Education” there shall be substituted the words “Further

and Higher Education”.

Article 2 of the principal Act shall be amended as

follows

(a) in the definition “entity” for the words “National

Commission for Higher Education” there shall be substituted

the words “National Commission for Further and Higher

Education” and for the words “National Commission for

Higher Education” wherever they occur in the principal Act,

there shall be substituted the words “National Commission

for Further and Higher Education”;

(b) for the definition “school” in Article 2 of the

principal Act 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

Provided that for the purposes of a licence to open

a school under this Act it does not include any of the

following

(a) a provider offering further or higher

education as defined in article 63; and

(b) an institution for the promotion of

instruction and knowledge of an exclusively or

almost exclusively religious character;”.

Article 20 of the principal Act shall be amended as

(a) sub-articles (4) to (11) thereof shall be renumbered

as sub-articles (5) to (12) thereof;

(b) immediately after sub-article (3) thereof, there shall

be added the following new sub-article

“(4) Where it deems it to be in the public

interest, the Directorate for Quality and Standards in

Education may, upon agreement with the Minister,

grant a temporary licence for a period of one year.

Such temporary licence shall be subject to specific

conditions which are required to be fulfilled until the

expiration of such period in order to lead to eligibility

for an application for a licence under the previous sub-

articles.”;

(c) in sub-article (10) thereof as renumbered, for the

words “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:”,

there shall be substituted the words “or compulsory education

level:”;

(d) for sub-article (11) thereof as renumbered, there

shall be substituted the following sub-article

“(11) When an application has been refused,

suspended or cancelled, or when the applicant has not

been served in writing by the Minister as established

in sub-article (6), the applicant or licence holder may,

within the time prescribed in sub-article (12), appeal to

the Administrative Review Tribunal in accordance with

the provisions of the Administrative Justice Act and any

applicable regulations made thereunder.”; and

(e) immediately after sub-article (12) thereof as

renumbered, there shall be added the following new sub-

article

“(13) Notwithstanding that an appeal would

have been lodged in accordance with this article, a

licence shall be considered as having been suspended or

cancelled, as the case may be, pending the final decision

of any appeal that may be made from the decision of

the Administrative Review Tribunal in accordance with

the provisions of the Administrative Justice Act or any

applicable regulations made thereunder.”.

In the definition of “teacher” in article 23 of the principal

Act, for the words “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”, there shall

be substituted the words “help him develop creative and thinking

skills according to his age, his physical, moral, social, emotional

and intellectual development and according to the potential of his

skills and talents”.

In paragraph (e) of sub-article (2) of Article 24 of the

principal Act, for the words “under supervision in a licensed

school, or in any other manner as the Council may decide” there

shall be substituted the words “under supervision in a school or

provider of further education as defined in article 63 of this Act,

which school or provider is recognised by the relevant competent

authority tasked with the licensing thereof by or under this Act, or

in any other manner as the Council may decide”.

Article 26 of the principal Act shall be amended as

follows

(a) in the English text, for the words “nominations

made in terms of the preceding article”, there shall be

substituted the words “nominations made in terms of the

preceding sub-article”; and

(b) sub-articles (3) to (12) thereof shall be renumbered

as sub-articles (4) to (13) thereof;

(c) immediately after sub-article (2) thereof, there shall

be added the following new sub-article

“(3) On the occurrence of any vacancy of a

member elected in accordance with paragraph (c) of sub-

article (1), where possible, the Minister shall appoint

the person who was the runner-up in the elections

previously held for such purpose, and any person who

is so appointed shall keep on occupying such post up to

the termination of the term of office of the person being

so substituted.”

Article 32 of the principal Act shall be amended as

follows

(a) in sub-article (1) thereof, for the words “appeal

to the Court of Appeal in its inferior jurisdiction”, there

shall be substituted the words “appeal to the Administrative

Review Tribunal in accordance with the provisions of the

Administrative Justice Act and any applicable regulations

made thereunder.”;

(b) in sub-article (2) thereof, for the words “the

warrant shall be considered as suspended or cancelled, as

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

Appeal”, there shall be substituted the words “the warrant

shall be considered as suspended or cancelled, as the case may

be, pending the final decision of any appeal that may be made

from the decision of the Administrative Review Tribunal in

accordance with the provisions of the Administrative Justice

Act or any applicable regulations made thereunder.”; and

(c) subarticles (3) and (4) thereof shall be deleted.

For the Title of Part VI of the principal Act there shall be

substituted the following

“Further and Higher Education”.

Article 63 of the principal Act shall be amended as

(a) for the definition “accreditation of programmes

and institutions” there shall be substituted the following

“ “accreditation” means formal approval by the

competent authority under this Act or any regulations

made thereunder that the operation of a further or higher

education provider, or that a programme of further or

higher education, meets quality standards;”;

(b) the definitions “approval” and “authorisation” shall

be deleted;

(c) in the definition “benchmark” for the word

“institutions” there shall be substituted the word “providers”;

(d) the definition “evaluation” shall be deleted;

(e) immediately after the definition “the Commission”,

there shall be added the following new definition

“ “formal learning” means learning that occurs

in an organised and structured context and is explicitly

designated as learning in terms of objectives, time or

learning support. Formal learning is intentional from the

learner’s point of view and leads to a qualification;”;

(f) for the definition “further education” there shall be

substituted the following

“ “further education” means all non-compulsory

formal, non-formal and informal learning which serves

to obtain a national qualification classified up to and

including level 4 of the Malta Qualifications Framework,

or a foreign qualification at a comparable level;”;

(g) the definition “further education institution” shall

be deleted;

(h) for the definition “higher education” there shall be

substituted the following

“ “higher education” means all non-compulsory

formal, non-formal and informal learning or research

which serves to obtain a national qualification classified

at level 5 of the Malta Qualifications Framework or

higher, or a foreign qualification at a comparable level;”;

(i) the definitions “higher education institution”,

“institutions” and “ISCED level” shall be deleted;

(j) immediately after the definition “higher education”,

there shall be added the following new definitions

“ “informal learning” means a learning process

resulting from daily life activities related to work,

family or leisure, by which an individual acquires and

accumulates knowledge, skills, attitudes, insight and

competences from daily experiences and from exposure

to one’s environment;

“learning” includes education and training;

“licensing” means the process in accordance with

the provisions of this Act or any regulations made

under this Act for the licensing and periodic reporting

required from providers to establish themselves or to

attain or maintain a specific status, or to confer national

qualifications or foreign qualifications at a comparable

level;

“lifelong learning” includes all kind of learning

activities that an individual undertakes throughout life,

with the aim of acquiring and improving attitudes,

values, knowledge, skills and competences, and

acquiring qualifications that enhance an individual’s

personal and social dimension as well as the prospects

of a better career;

“Malta Qualifications Framework” means the

national framework for lifelong learning, being

the national instrument for the development and

classification of qualifications according to a set of

criteria, established through descriptors and applicable

to a different set of levels, as provided by this Act or any

regulation made under this Act;”

(k) the definition “NQF level” shall be deleted;

(l) immediately

after

the

definition

“Malta

Qualifications Framework”, there shall be added the following

new definitions

“non-formal learning” means learning embedded

in a planned activity organised outside the formal

educational system, which activity is not explicitly

designed as learning but which contains an important

learning component;

“programme” means any academic, vocational or

professional course of formal non-compulsory learning

or research which serves to obtain a qualification

classified within the Malta Qualifications Framework or

to a foreign recognised and comparable qualifications

framework;

“provider” means any individual or body corporate

providing further education or higher education services

in or from Malta. A provider may be a university,

college, company, foundation, charity, trust, institute,

subsidiary, branch, an entity of any of these, or any other

an individual or body corporate with similar scope;

“provision” means the act of providing further or

higher education in or from Malta, and includes full-time

and part-time taught, research or vocationally-oriented

programmes, distance learning, e-learning, partnerships

with other providers or business entities, sub-contracting

of services, franchising and offshore activities of a

provider;

“qualification” means a formal expression of

knowledge, skills and competences of the individual,

which confers official recognition of value in the labour

market and in education and training;”;

(m) for the definition “quality assurance” there shall be

substituted the following

“quality assurance” refers to one or more processes

which

(i) safeguard the quality of further and

higher education within the economic, social

and cultural context, on a national, European and

international level;

(ii) ensure the use of appropriate measures

as a means of improving the quality of teaching,

learning, training and research; and

(iii) communicate the outcome of such

findings within an internal and external framework

of accountability;

(n) for the definition “quality audit” there shall be

substituted the following

“ “quality audit” refers to an external evaluation

process of internal quality assurance mechanisms

adopted by a provider for its own use, and of the

provider’s adherence to any licensing, accreditation

and other obligations under this Act or any regulations

made thereunder, in order to continuously monitor and

improve the operation of a provider or of a programme;”

(o) for the definition “recognition” there shall be

substituted the following

“ “recognition” means a formal acknowledgement

by the competent authority under this or any other Act,

or any regulations made thereunder, of the value of an

educational qualification with a view to giving access to

educational and, or employment activities.”.

Sub-article (1) of article 64 shall be amended as follows

(a) in paragraph (a) thereof, for the words “further and

higher education institutions” there shall be substituted the

words “providers of further and, or higher education”;

(b) in paragraph (b) thereof, for the words “further and

higher education sectors in Malta” there shall be substituted

the words “further and higher education in Malta”;

(c) in paragraph (c) thereof, for the words “connected

with the further and higher education sectors” there shall be

substituted the words “connected with further and higher

education”.

For article 65 of the principal Act, there shall be

substituted the following

65. The Commission shall

“Aim and

Functions

of the

(a) formulate the guiding principles for

Commission.

further and higher education, including vocational

education and training, and propose a clear vision

and sustainable strategic targets and objectives for

further and higher education;

(b) research, analyse, review and, through

the Minister, give advice to the Government on the

development, planning and governance of further

and higher education policy;

(c) act as the competent authority for

licensing, accreditation, quality assurance and

recognition of providers and programmes as

provided by this Act or any regulation made under

this Act;

(d) promote and facilitate access to life-long

learning and transfer and progression in lifelong

learning;

(e) promote and foster the provision

of vocational education and training and its

recognition in Malta and abroad;

(f) perform the functions of the Malta

Qualifications Recognition Information Centre

under the Mutual Recognition of Qualifications

Act;

(g) promote and maintain the Malta

Qualifications Framework and establish the

policies and criteria on which the Framework shall

be based;

(h) approve and ensure the publication

of national standards of knowledge, skills,

competences and attitudes for each employment

sector;

(i) validate informal and non-formal

learning and classify such validation at a level of

the Malta Qualifications Framework;

(j) recommend financing policies, and

alternative financing systems, of further and

higher education while addressing the issue of the

adequacy of this financing and of accountability in

the provision of further and higher education;

(k) propose policies which are related to

students on sustainable options, equity in access

and mobility in further and higher education,

financial support, services of information and

guidance about pathway development for students;

(l) recommend policies related to research,

innovation, intellectual property, and knowledge

transfer;

(m)

formulate policies related to the

international dimension of further and higher

education and to the expansion and diversification

of their provision;

(n) advise and, where the case shall so

require, make such recommendations as may

appear to be required, to the Government and to

providers, on any matter or other issue related to

further higher education; and

(o) perform such other functions as the

Minister may designate from time to time by means

of regulations under this Act.”.

Article 66 shall be amended as follows

(a) in paragraph (a) thereof, for the words “among

the institutions in the further and higher education sectors

and with relevant stakeholders” there shall be substituted the

words “among providers and with relevant stakeholders”;

(b) in paragraph (b) thereof, for the words “current

sectoral developments” there shall be substituted the words

“current developments in further and higher education;”;

(c) in the English text, sub-paragraph (ii) of paragraph

(d) thereof, for the words “indicators on the further and

higher sectors in Malta” there shall be substituted the words

“indicators on further and higher education in Malta”;

(d) in paragraph (f) thereof, for the words “updated

register of authorised and accredited institutions and

programmes available in Malta;” there shall be substituted the

words “updated register of providers accredited and licensed

by it and programmes accredited by it;”;

(e) paragraph (g) thereof shall be renumbered as

paragraph (h) ;

(f) immediately after paragraph (f), there shall be the

following new paragraph

“(g) maintain and publish an updated register of

qualifications classified within the Malta Qualifications

Framework;”

(g) in paragraph (h) thereof as renumbered, for the

words “objectives and functions as explained in this Act”

there shall be substituted the words “objectives and functions

as provided in this Act or any regulations made thereunder”;

In sub-article (2) of article 67 of the principal Act, for

the words “which it deems to be fit on this educational sector”

there shall be substituted the words “which it deems to be fit on

further and higher education”.

Article 68 of the principal Act shall be amended as

follows

(a) in sub-article (1) of article 68 of the principal

Act, for the words “available to further and higher public

educational institutions” there shall be substituted the words

“available to public further and higher education providers”

and for the words “both from public and private institutions”

there shall be substituted the words “both from public and

private providers”; and

(b) in the Maltese text of sub-article (2) thereof, for the

words “s-Segretarjat tagħhom” there shall be substituted the

words “s-Segretarjat tagħha”.

In sub-article (12) of Article 69 of the principal Act, for

the words “public and private institutions” there shall be substituted

the words “public and private providers”.

In the English text of sub-article (4) of Article 71 of the

principal Act, for the words “may estabilish in agreement with the

Minister” there shall be substituted the words “may establish in

agreement with the Minister”.

Immediately after article 71 of the principal Act there

shall be added the following new article

71A. Subject to the provisions of the

“Ombudsman.

Ombudsman Act and of any rules and regulations

made thereunder, any complaint by the students or

employees of public providers of further or higher

education on matters related to such providers, as well

as complaints by persons who have been refused entry

into any programme offered by such providers, shall

in the first instance be addressed to the Parliamentary

Ombudsman.”.

In article 74 of the principal Act, sub-articles (15) and

(16) thereof shall be deleted and sub-articles (17) and (18) thereof

shall be renumbered as sub-articles (15) and (16) respectively.

In article 76 of the principal Act, for paragraphs (d) to

(f) thereof, there shall be substituted the following

“(d) three members elected by the academic staff from

those amongst them who are not members of the Senate;

(e) three members elected by and from among the non-

academic staff;

(f) three members elected by and from among the

University students, at least one of whom shall be a post-

graduate student;”.

For paragraph (e) of article 78 of the principal Act, there

shall be substituted the following

“(e) five members elected by and from among the

University students, at least two of whom shall be post-

graduate students;”.

For paragraph (e) of article 79 of the principal Act there

shall be substituted the following

“(e) to recognise degrees, diplomas, certificates and

distinctions of foreign universities or providers of higher

education for the purpose of admission to a programme of the

University;”.

For paragraph (e) of article 80 of the principal Act,

there shall be substituted the following

“(e) three members elected by and from among the

students of the Faculty, at least one of whom shall be a post-

graduate student;”.

In subarticle (2) of article 89 of the principal Act, for the

words “Malta Qualifications Council” there shall be substituted the

words “National Commission for Further and Higher Education”.

In subarticles (3) and (4) of article 93 of the principal

Act, for the words “Malta Qualifications Council” there shall

be substituted the words “National Commission for Further and

Higher Education”.

For article 125 of the principal Act, there shall be

substituted the following

125. The Minister shall appoint a Registrar of

“Registrar of

Examinations.

Examinations who shall be responsible for

(a) the conduct of any examinations on behalf

of public providers of further or higher education

established by or under this Act, or on behalf of

private providers established in accordance with

this Act or any regulations made thereunder, as

may be requested by such providers;

(b) the conduct of examinations on behalf of

foreign providers or foreign examination bodies, as

may be requested by them;

(c) the conduct of examinations for induction

into the service of the State, public corporations

and commercial partnerships in which the State has

effective control

Provided that for the purposes of this

paragraph, the State shall be deemed to have effective

control of a commercial partnership wherein that

partnership more than fifty per cent of the capital

or voting power is owned or controlled, directly or

indirectly, by the State ; and

(d) the conduct of any other examinations as

may be prescribed by the Minister by regulations

under this Act. ”.

Article 126 of the principal Act shall be amended as

(a) in sub-article (1) thereof, for the words “State

schools and the University”, there shall be substituted the

words “State schools and public providers of further or higher

education”;

(b) in sub-article (2) thereof

(i) for the words “examinations and special courses

outside regular hours”, there shall be substituted the

words “examinations and special courses”; and

(ii) in the proviso thereof, for the words “the

Minister may exempt any person from the payment of

those fees.”, there shall be substituted the words “the

Minister may exempt any person from the payment of

those fees:”, and immediately after there shall be added

the following new proviso

“So however that, for the purposes of this

sub-article, “special courses” means the following

(a) part-time courses as specified by

such regulations;

(b) courses that lead to a qualification

classified at level 7 of the Malta Qualifications

Framework or higher, except for those courses

which persons are required to undertake for

the purpose of obtaining a warrant to practise

a profession in accordance with this Act or

any other law; and

(c) foundation studies courses offered by

the University.”; and

(c) in the English text, in sub-article (3) thereof,

for the words “students receiving further education after

having completed their secondary education”, there shall

be substituted the words “students who continue with their

education after having completed their secondary education”.

Article 127 of the principal Act shall be deleted.

Article 135 of the principal Act shall be amended as

(a) for paragraph (t) thereof, there shall be substituted

the following

“(t) to provide processes of licensing,

accreditation, quality assurance and recognition;”;

(b) immediately after paragraph (t) there shall be

added the following new paragraphs

“(u) to provide processes for the validation

of informal and non-formal learning with the aim of

such validation to be classified at a level of the Malta

Qualifications Framework;

(v) to provide for any matter relating to the

teaching of English as a foreign language;

(w) to regulate access to and gathering of

information, statistics and data by the National

Commission for Further and Higher Education and

the Secretariat of the same Commission, that are both

established by articles 64 and 70 respectively;

(x) to extend the functions of the National

Commission for Further and Higher Education as

provided under article 65(o);

(y) to provide for the establishment and

description, from time to time, of the Malta

Qualifications Framework as defined in article 63; and

(z) to establish administrative fines not exceeding

a penalty of four thousand Euro (4,000) to which any

person, school, provider or body corporate contravening

any regulations made under this Act may become liable

Provided that –

(a) the Minister may by regulations designate

which competent authority shall be responsible for

imposing and enforcing such administrative fines with

respect to the regulations concerned;

(b) when any administrative fine imposed under

this paragraph becomes final, it shall constitute an

executive title for the effects and purposes of Title VII

of Part I of Book Second of the Code of Organization

and Civil Procedure.”.

Passed by the House of Representatives at Sitting No. 498 of the 4th July,

2012. M ichael F rendo

Speaker

Raymond Scicluna

Clerk to the House of Representatives