ACT No. L of 2016 AN ACT to make provision for the establishment of the Institute of Tourism Studies, and for matters ancillary or consequential thereto.

I assent.

(L.S.)

DOLORES CRISTINA

Acting President

11 th November, 2016

ACT No. L of 2016

AN ACT to make provision for the establishment of the Institute

of Tourism Studies, and for matters ancillary or consequential

thereto.

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:-

The short title of this Act is the Institute of Tourism Short title.

Studies Act, 2016.

The object of this Act is to regulate and provide for matters Scope.

related to the Institute of Tourism Studies.

In this Act, unless the context otherwise requires

Interpretation.

"Board of Governors" means the Board established by article 9;

"Board of Studies" means the Board established by article 11;

"the Chairman" means the Chairman of the Board of Governors

of the Institute of Tourism Studies;

"the Chief Executive Officer" means the Chief Executive

Officer of the Institute of Tourism Studies with such functions and

responsibilities as established in article 17;

"the Deputy Chairman" means the Deputy Chairman of the

Board of Governors of the Institute of Tourism Studies;

"the Institute" means the Institute of Tourism Studies;

"Internal Quality Assurance Committee (IQAC)" means the

committee that will monitor the organisational performance in

accordance with the National Quality Assurance Framework for

Further and Higher Education;

"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 the Education Act or any regulation made

thereunder;

"the Minister" means the Minister responsible for tourism;

"the Permanent Secretary" means the person appointed to

supervise tourism in Malta in terms of the Public Administration Act;

"the Principal Permanent Secretary" means the person appointed

in terms of article 14 of the Public Administration Act;

"Programme Quality Validation Board (PQVB)" means the

board to oversee the effective operation of the Institute’s academic

programmes through validation;

"programme" has the meaning assigned to it by article 63 of the

Education Act;

"provider" has the meaning assigned to it by article 63 of the

Education Act;

"qualification" has the same meaning assigned to it by article 63 Cap. 327.

of the Education Act;

"regular hours" shall mean a programme or course offered by

the Institute for the purposes of which more than fifty percent of the

teaching is delivered between 08.00 hrs and 17.00 hrs;

"student" shall mean all persons enrolled and participating full-

time in a course or programme having level 6 or less offered by the

Institute.

The provisions of this Act shall be without prejudice to the General.

functions of the Principal Permanent Secretary under the Public Cap. 497.

Administration Act and to his powers to issue directives and

guidelines with respect to government agencies.

PART II

The Institute’s Legal Personality and its general objectives

(1) The Institute shall be a body corporate having a Legal

distinct legal personality and shall be capable of entering into personality

juridical

contracts, of acquiring, holding and disposing of any kind of property representation

of the Institute.

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 Institute shall

vest in the Chief Executive Officer, provided that the Board of

Governors may appoint any one or more of its members or of the

officers or employees of the Institute to appear in the name and on

behalf of the Institute in any judicial proceedings or in any act,

contract, instrument or any other document.

(3) The Institute shall assume the legal personality previously

vested in the Institute of Tourism Studies Department within the

Ministry responsible for education and, from the entry into force of

this Act, shall assume responsibility for all assets, liabilities and

obligations previously entered into by the said Department or by

other bodies on its behalf.

The official languages of the Institute are Maltese and Official

English. The Institute may use either of both languages for official languages.

purposes.

(1) The Institute shall have as its mission to develop Aims.

persons through quality learning to achieve excellence in tourism.

(2) In fulfilling its mission the Institute shall adhere to the

following principles

(a) the provision of a learner-centred curriculum and

which promotes creativity, innovation, participation, reflection,

personal independence and the holistic development of learners;

(b) the provision of an inclusive learning environment,

ensuring equitable access to all persons irrespective of any

diversity;

(c)

the promotion of professional development through

lifelong learning opportunities for all types of learners;

(d) the provision of individual guidance and mentoring

to learners;

(e)

the development of specialised technical, leadership

and entrepreneurial skills in line with trends and requirements

of the tourism industry;

(f)

the promotion of internationalisation, with a holistic

understanding of differences between local and foreign cultures;

(g) the requirement of performance of ethical and

environmentally conscious practices and a commitment towards

professionalism and health and safety in the place of work;

(h) the ongoing development and strengthening of

tourism studies as a key element of vocational education in

Malta; and

(i)

through its operations, the promotion of Malta as a

place of educational tourism and the promotion of tourism in

Malta generally.

(3) (a)

The Institute shall provide the following courses and

programmes of learning including practical and work experience, that

lead to recognised qualifications in accordance with the Malta

Qualifications Framework, in trades, skills, and professions as may be

necessary in the tourism, restaurants and the catering industry and

services, including by distance learning and or by any other effective

means and from any suitable place according to the objective of the

course or programme.

The courses and programmes shall also include suitable

course and programme options for industry pre-entrants and

specialised programmes for personnel in the tourism industry.

(b)The Institute shall ensure the following

(i) that the courses and programmes provided in

accordance with paragraph (a) aim to develop technical,

generic and behavioural skills and competencies,

integrate theory and practice and promote modern

leadership approaches;

(ii) that the work placements for learners which are

established as part of the courses and programmes

referred to in paragraph (a) are provided according to

established quality standards as required by the Institute.

PART III

Governing Bodies

00 u tal-17.00;

"student" tfisser kull persuna iskritta u parteċipi fuq bażi full-time

f’kors jew programm ta’ livell 6 jew inqas offrut mill-Istitut;

"l-Uffiċjal Kap Eżekuttiv" tfisser l-Uffiċjal Kap Eżekuttiv tal-

Istitut għal Studji Turistiċi li jkollu dawk il-funzjonijiet u

responsabbiltajiet kif stabbiliti fl-artikolu 17;

"il-Viċi Chairman" tfisser il-Viċi Chairman tal-Bord tal-

Gvernaturi tal-Istitut għal Studji Turistiċi.

4. Id-dispozizzjonijiet ta’ dan l-Att għandhom ikunu Ġenerali.

mingħajr preġudizzju għall-funzjonijiet tas-Segretarju Permanenti Kap. 497.

Ewlieni taħt l-Att dwar l-Amministrazzjoni Pubblika, u għas-setgħat

li għandu li joħrog direttivi u linji gwida li jkunu jirrigwardaw

aġenziji tal-gvern.

TAQSIMA II

Objettivi Ġenerali u Personalità Ġuridika

tal-Istitut għal Studji Turistiċi

5. (1) L-Istitut għandu jkun korp magħqud b’personalità Personalità

ġuridika distinta u jista’ jagħmel kuntratti, jakkwista, ikollu u ġuridika

rappreżentanza

jiddisponi minn kull proprjetà għall-finijiet tal-funzjonijiet tiegħu, legali tal-Istitut.

iħarrek u jigi mħarrek, u jagħmel dawk il-ħwejjeġ u transazzjonijiet

kollha li jkunu inċidentali jew li jwasslu għall-eżerċizzju jew il-qadi

tal-funzjonijiet tiegħu taħt l-Att.

(2) Ir-rappreżentanza legali u ġuridika tal-Istitut huma vestiti

fl-Uffiċjal Kap Eżekuttiv, iżda l-Bord tal-Gvernaturi jista’ jinnomina

lil xi membru jew aktar mill-membri tal-Bord jew mill-uffiċjali jew

mill-impjegati tal-Istitut biex dawn jidhru f’isem u għall-Istitut fi

proċedimenti fil-qorti jew fuq xi att, kuntratt, strument jew dokument

ieħor.

(3) L-Istitut għandu jassumi l-personalità ġuridika li qabel

kienet vestita fid-Dipartiment tal-Istitut għal Studji Turistiċi fi ħdan

il-Ministeru responsabbli għall-edukazzjoni u, minn meta jigi fis-seħħ

dan l-Att, għandu jassumi r-responsabbiltà għal kull attiv, passiv u

obbligu li qabel ikun daħal għalihom dak id-Dipartiment jew kull

korp ieħor f’ismu.

6. L-ilsna uffiċjali tal-Istitut huma l-Malti u l-Ingliż. L-Istitut Ilsna uffiċjali.

jista’ juża kemm ilsien wieħed jew ieħor għal finijiet uffiċjali.

7. (1) L-Istitut għandu jkollu bħala l-missjoni tiegħu li Għanijiet.

jiżviluppa persuni permezz ta’ tagħlim ta’ kwalità sabiex tinkiseb l-

eċċellenza fit-turiżmu.

(2) Fit-twettiq tal-missjoni tiegħu l-Istitut għandu jħares dawn

il-prinċipji li ġejjin

(a) il-provvista ta’ kurrikulu bbażat fuq il-ħtiġiet ta’

min ikun qed jitgħallem u li jippromwovi l-kreattività, l-

innovazzjoni, il-parteċipazzjoni, ir-riflessjoni, l-indipendenza

personali u l-iżvilupp ħolistiku ta’ min ikun qed jitgħallem;

(b) il-provvista ta’ ambjent ta’ tagħlim inklussiv, li

jiżgura l-aċċess ekwu għal kulħadd irrispettivament minn kull

diversità;

(ċ) il-promozzjoni ta’ żvilupp professjonali permezz ta’

opportunitajiet ta’ tagħlim tul il-ħajja għal kull xorta ta’

individwi li jkunu qed jitgħallmu;

(d) il-provvista ta’ gwida individwali u mentoring lil

min ikun qed jitgħallem;

(e)

l-iżvilupp ta’ ħiliet tekniċi, ħiliet ta’ tmexxija u

intraprenditorjali li jkunu jimxu max-xejriet u l-ħtiġiet tal-

industrija tat-turiżmu;

(f)

il-promozzjoni

tal-internazzjonalizzazzjoni,

bi

ftehim ħolistiku tad-differenzi bejn kulturi lokali u barranin;

(g) il-ħtieġa tat-twettiq ta’ prattiċi etiċi u li jagħtu kas

tal-ambjent u impenn lejn il-professjonaliżmu u s-saħħa u s-

sigurtà fuq il-post tax-xogħol;

(h) l-iżvilupp dejjem kontinwu u t-tisħiħ tal-istudji

turistiċi bħala element ewlieni tal-edukazzjoni vokazzjonali

f’Malta; u

(i)

permezz tal-operat tiegħu, il-promozzjoni ta’ Malta

bħala post ta’ turiżmu edukattiv u l-promozzjoni tat-turiżmu

f’Malta b’mod ġenerali.

(3) (a)

L-Istitut għandu jipprovdi dawn il-korsijiet u

programmi ta’ tagħlim li ġejjin inkluża esperjenza prattika u dik ta’

fuq ix-xogħol, li jwasslu għal kwalifiki rikonoxxuti skont il-Qafas

Malti tal-Kwalifiki, fi snajja’, ħiliet, u professjonijiet kif jista’ jkun

meħtieġ fit-turiżmu, fir-ristoranti u fl-industrija u servizzi tal-ikel,

inkluż bit-tagħlim mill-bogħod jew b’kull mezz effettiv ieħor u minn

kull post adatt, skont l-għan tal-kors jew tal-programm.

Dawk il-korsijiet u programmi għandhom ikunu jinkludu

wkoll għażliet tal-kors u tal-programm li jkunu adatti għal min ikun

ser jidħol fl-industrija u programmi speċjalizzati għal persunal fl-

industrija tat-turiżmu.

(b)

L-Istitut għandu jiżgura dan li ġej

(i) li l-korsijiet u programmi li jiġu provduti skont

il-paragrafu (a) jkollhom l-għan li jiżviluppaw ħiliet u

kompetenzi tekniċi, ġeneriċi u ta’ aġir, li jintegraw it-

teorija u l-prattika u li jippromwovu metodi moderni ta’

tmexxija;

(ii) li l-work placements għal min ikun qed

jitgħallem li jkunu stabbiliti bħala parti mill-korsijiet u l-

programmi msemmija fil-paragrafu (a) jiġu provduti

skont standards ta’ kwalità stabbiliti skont il-ħtiġiet tal-

Istitut.

TAQSIMA III

Korpi ta’ Tmexxija

8. Il-korpi ta’ tmexxija tal-Istitut ikunu dawn li ġejjin

Korpi ta’

tmexxija tal-

Istitut.

(a)

il-Bord tal-Gvernaturi;

(b)

il-Bord ta’ Studji; u

(ċ)

l-Uffiċjal Kap Eżekuttiv.

The governing bodies of the Institute shall be the Governing

bodies of the

following

Institute.

(a)

the Board of Governors;

(b)

the Board of Studies; and

(c)

the Chief Executive Officer.

(1) The Board of Governors shall be the highest Composition of

governing body of the Institute. It shall be composed of not less than the

Governors.

seven and not more than nine members. Three members are to be

appointed by the Minister for Education and the other members are to

be appointed by the Minister for Tourism for a period of not more

than three years. 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 responsible for tourism shall appoint from

among the members of the Board of Governors a Chairman and a

Deputy Chairman. Where 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 Chief Executive Officer shall have a right to attend the

meetings of the Board of Governors without having a right to vote,

provided that he shall withdraw from each meeting where matters

concerning him personally are discussed.

(4) The members of the Board of Governors shall be such

persons having competence or experience in the education sector,

vocational training, the tourism industry, entrepreneurship, tourism

policy or macro level tourism planning, and who, in the opinion of the

Minister concerned, possess leadership qualities, and have an

understanding of the importance of tourism studies within the context

of general socio-economic development

Provided that the Minister concerned shall nominate as

members of the Board of Governors such persons to represent the

interests of any of the branches of the Institute, as may be required.

(5) A member of the Board of Governors may at any time be

removed from office by the Minister who appointed him on the

grounds of inability to perform the functions of his office as required,

either because of mental disorder 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 of Governors may resign from his

office through a letter addressed to both Ministers concerned. If any

member tenders his resignation or is removed from his office by the

Minister who appointed him or should the office of any member

become in any manner vacant, the Minister concerned 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 reappointed.

(7) 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 of Governors plus one.

(8) Subject to the provisions of this Act, the Board of

Governors may appoint committees and generally regulate its own

procedures.

(9) The Board of Governors shall appoint a Secretary to keep

minutes and a record of the meetings and of its decisions.

(10) The Board of Governors shall meet at least once every two

months.

(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 entities that may be concerned.

(1) The Board of Governors shall have the duty of Functions and

performing the objectives and to exercise the powers of the Institute powers

Board of

as provided in this Act, and shall in particular have the following Governors.

functions

(a) to develop the direction, strategy and image of the

Institute and any of its branches, including the adoption of

periodic development plans for the Institute and its branches;

(b) to acquire, administer and control the resources,

facilities and property, both movable and immovable, of the

Institute, including the procurement and utilisation of resources

for the running of the Institute and any of its branches;

(c)

to distribute between the departments and any

branches within the Institute, as the case may be, the resources

available to the Institute by way of funds and by way of

premises, facilities, services, equipment and persons;

(d) to liaise with the tourism industry and other

organisations in its endeavour to constantly monitor and

develop learners’ needs;

(e)

to assist and advise the Chief Executive Officer in

achieving a level of excellence in the standards of the Institute’s

courses and programmes in order to empower the Institute’s

graduates to succeed in commanding challenging and rewarding

careers in the tourism industry;

(f)

to assist the Chief Executive Officer in ensuring that

the Institute adheres to the requirements of the National

Commission for Higher Education and the Malta Qualifications

Council, as provided in this Act or any regulation made

thereunder and to national policies and strategies in education or

tourism as adopted by Government from time to time;

(g) subject to the provisions of article 7, to establish

courses, programmes, departments, specialised centres,

libraries, practical work stations, offices and other structures

within the Institute for fulfilment of the mission of the Institute

Provided that the courses, programmes and

departments may only be established by the Board of Governors

following consultation with the Board of Studies;

(h) with the approval of the Minister, to constitute

campuses of the Institute in Malta, Gozo and abroad;

(i)

to determine, in accordance with the requirements of

the Malta Qualifications Framework, the conditions for

admission into a programme or course provided by the Institute;

(j)

to provide appropriate procedures for the assessment

and certification of learners;

(k) to supervise the expenditure and the administration

of the Institute at all levels and to approve the annual budget

proposals to be submitted to the Minister within a given time;

(l)

to appoint the Chief Executive Officer, and on his

advice, also appoint all other principal officers of the Institute;

(m) to set up, and abolish, any post of an academic or

other nature and make appointments thereto;

(n) to issue guidelines and establish procedures

concerning the performance and the conduct of students,

teachers and other persons entrusted with rendering any service

at the Institute, whether engaged by an indefinite or a definite

contract of service, or by a contract for service, or if seconded

or on loan to the Institute by government, public or private

entities;

(o) to issue guidelines to establish rules relating to any

programme or course provided by the Institute;

(p) to issue any other guidelines, rules and procedures

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

(q) to appoint Maltese or foreign examiners according

to pre-established guidelines and procedures, and to ensure that

payment is effected for their service;

(r)

to ensure that proper academic and training levels

are retained and improved upon;

(s)

to establish internal quality assurance schemes as

required by this Act or by any regulation made thereunder and

required auditing procedures for the operations of the Institute;

(t)

to endeavour to undertake relevant projects of a

cross-border nature and to enter into such agreements as appear

to it necessary with public or private entities related to tourism

or tourism education and with learning institutions in Malta and

overseas for the fulfilment of the mission of the Institute;

(u) through the Ministry responsible for tourism in

cooperation with, where necessary, the Ministry responsible for

education, to publicise and promote the Institute’s policies,

plans, courses, programmes and operations in a manner which

establishes the Institute and its branches as a vital element of the

Malta tourism infrastructure;

(v) to establish ancillary activities related to tourism

with the direct purpose of enhancing the learning experience of

learners and to work actively towards the expansion of the

commercial aspects and the international dimension of the

Institute;

(w) to set up within the Institute, as and when

appropriate, a residence conducive to the mission of the

Institute including within it any of the services provided by the

Institute to the public;

(x) to perform any other function which it may deem

necessary to execute the powers and functions of the Institute

which are not, by means of this Act, vested in another governing

body of the Institute; and

(z)

to undertake any other function assigned to it by the

Minister from time to time.

(2) The Board of Governors shall also approve the curricula

and the syllabi submitted by the Board of Studies and, where it deems

it so necessary, to revert the same to such Board of Studies together

with its advice about any proposed amendments.

(3) The Board of Governors shall, where so approved by the

National Commission for Further and Higher Education, 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 related to tourism.

(4) The Board of Governors shall ensure that the awards of the

Institute are recognised both at a national and at an international

level, and that, wherever applicable, are related to the standards

established in the Malta Qualifications Framework.

The Board of Studies shall be constituted of the following Board of

Studies.

members

(a)

the Director of Studies, ex officio;

(b)

the academic departments within the academic

structure;

(c)

the Registrar, ex officio;

(d) one member elected by and from among the

academic staff;

(e)

one member elected by the students’ council; and

(f)

two members from among the members of the Board

of Governors.

(1) The Board of Studies shall be responsible for the

general direction of the provision of programmes and courses of the

Institute, and shall have the following functions

(a) to propose to the Board of Governors the

programmes and courses to be provided by the Institute,

following consultation with interested stakeholders regarding

the curriculum of such programmes and courses;

(b) to propose to the Board of Governors guidelines

regarding programmes and courses provided by the Institute,

documentation and examinations at the Institute and to establish

such awards and distinctions for such candidates satisfying the

applicable conditions on completion of the programmes and

courses;

(c)

to decide about the persons to whom the awards and

other distinctions shall be awarded;

(d) to verify that the assessment procedures used by the

Institute are in conformity with the approved academic policies

of the Institute;

(e)

to establish, subject to the provisions of this Act and

of any regulations made thereunder, the entry conditions to

programmes and courses of the Institute;

(f)

to nominate Maltese or foreign examiners according

to pre-established guidelines and procedures to the Board of

Governors for its approval;

(g) to recognise, following a recommendation by the

competent authorities according to the Act, such qualifications,

awards and distinctions of other education providers for the

purpose of access into a programme or course of the Institute;

(h) to advise to the Board of Governors on any matter

related to learning in relation to tourism; and

(i)

to deal about any other matter which refers to

education and training and as may arise in the administration of

the Institute.

(2) The Board of Studies 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.

(3) The Board of Studies may act notwithstanding any

vacancy in its membership and the quorum shall be computed as if

there was no such vacancy.

(1) Any question proposed for decision at any meeting Common

of any governing body of the Institute shall be determined by a provisions

the governing

majority of the votes of the members present and voting, and if on any bodies

Institute.

such question the votes are equally divided the member presiding

shall have and exercise a casting vote.

(2) Unless otherwise provided in this Act, persons holding

office on a governing body not ex officio shall hold that office for a

period of two years

Provided that such persons shall continue so to hold office,

despite the expiry of their term, until the election or appointment of

another person to substitute that person.

There shall be an Executive Management Office of the Executive

Institute which shall be constituted of the following persons ex Management

Office.

officio

(a) the Chief Executive Officer who presides the

Executive Management Office;

(b)

the Director of Corporate Services; and

(c)

the Director of Studies.

(1) Without prejudice to the functions and Functions of the

responsibilities of the members of the Executive Management Office Executive

Management

as provided in this Act, the Executive Management Office shall Office.

operate under the direction of the Chief Executive Officer and shall

have the following functions

(a) upon consultation with the Board of Studies, to

develop and propose periodically to the Board of Governors the

development plan of the Institute;

(b) to ensure proper dialogue and communication within

the Institute;

(c)

to ensure that the policies, strategy and decisions

adopted by the Board of Governors and by the Board of Studies

are implemented;

(d) to ensure co-ordination and the effective and

efficient functioning of the structures, departments, centres,

officers and employees of the Institute;

(e)

to ensure that all necessary measures are applied,

including disciplinary procedures and the auditing and quality

assurance processes of all operations within the Institute; and

(f)

any other function as may be assigned to the

Executive Management Office by the Chief Executive Officer.

(2) The Executive Management Office shall hold minuted

meetings on a regular basis as directed by the Board of Governors in

accordance with the daily requirements of the Institute.

(1) The Board of Governors shall be the highest office

of the Institute and shall be responsible for ensuring that the Institute

complies with this Act.

(2) The Board of Governors shall issue guidelines and

procedures of the governing bodies of the Institute and may revert as

many times as necessary to any governing body such guidelines and

procedures which in its opinion are not in terms of the law.

(3) The Board of Governors shall whenever they deem it

necessary, have the power to convene and preside the Board of

Studies and the Executive Management Office.

(4) The Board of Governors shall confer awards and

distinctions of the Institute.

(1) Without prejudice to the powers vested in the

governing bodies of the Institute by this Act, the Chief Executive

Officer shall, subject to the direction of the Board of Governors, be

responsible for the daily administration of the Institute and shall be

vested with the legal representation of the Institute and any of its

branches in Malta and Gozo.

(2) The Chief Executive Officer shall be appointed to hold

office for a term not exceeding three years

Provided that the Chief Executive Officer shall be eligible

for reappointment for further periods each of not more than three

years.

(3) The Chief Executive Officer shall exercise authority over

the academic staff, examiners, learners, examination candidates,

employees and whosoever is entrusted with rendering any service to

the Institute, and he shall enforce discipline and the strict observance

of this Act and the provisions of any regulations made thereunder and

of the guidelines and procedures of the Institute.

(4) The Chief Executive Officer shall not hold any other office

or position or carry on any business activity without prior approval in

writing from the Minister.

(5) The Chief Executive Officer shall be responsible for

ensuring the execution of the policies and decisions of the governing

bodies of the Institute.

(6) The Chief Executive Officer shall have the power to

summon the Board of Studies and the Executive Management Office.

(7) The Chief Executive Officer shall ensure that the

governing bodies are regularly constituted and that their work is

planned and coordinated, ensuring that they meet regularly as

established by this Act and that the decisions of the governing bodies

of the Institute are executed.

(8) The Chief Executive Officer shall provide for the

organisation of such elections required by this Act, including that

they actually be held in the manner provided and without undue

delay.

(9) The Chief Executive Officer shall ensure that the

operations of the Institute shall follow a performance agreement of

the Institute which is to be agreed to between the Permanent

Secretary and the Institute and, for this purpose, article 40 of the Cap. 497.

Public Administration Act shall mutatis mutandis apply.

(10) The Chief Executive Officer shall give effect, as soon as

practicable, to any written request, not inconsistent with any

provision of this Act, which the Minister may make, in relation to the

policy to be followed by him in the discharge of his functions, and in

relation to any matter which appears to the Minister to affect the

Institute and any of its branches.

(11) The Chief Executive Officer shall provide the Board with

regular reports on the performance and finances of the Institute.

(12) The functions of the Chief Executive Officer shall include

the overall responsibility for all aspects of the Institute and any of the

branches of the Institute in Malta or Gozo.

(13) Without prejudice to the provisions of this Act, the Chief

Executive Officer shall undertake any other function as directed by

the Board of Governors.

Appointment of all staff with formal and regular duties

shall be made by the Chief Executive Officer and the Board of

Governors shall be kept aware of any new recruit.

The proper official dress which the principal officers of the

Institute, academic staff, employees, graduates, learners and other

members of the Institute are expected to wear on official occasions

shall be provided in guidelines issued by the Board of Governors.

(1) Awards shall be granted 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 an award of the Institute

only after certification by the Chief Executive Officer that all the

conditions provided by the relevant guidelines of the Institute have

been fulfilled, and insofar as all other obligations and responsibilities

of the candidate towards the Institute have also been satisfied.

(3) No person may be considered as holding an award of the

Institute unless such award has been conferred as prescribed in sub-

article (1).

(1) The Institute shall establish, in the manner required

in article 10, and by means of guidelines adopted by the Board of

Governors, such branches of the Institute in Malta, Gozo or overseas,

with such departments as it may deem necessary.

(2) The Board of Governors shall appoint a Branch Manager

for each of its branches in Malta or Gozo. The Branch Manager shall

be responsible for the administration of the branch to which he is

assigned, shall be answerable to the Chief Executive Officer with

respect to the execution of his functions and shall report to the Chief

Executive Officer as may be required by the Chief Executive Officer.

(3) The Institute’s branches in Malta and Gozo shall be

governed by the Board of Governors established in accordance with

article 9. The Board of Governors shall involve, as and where

necessary, the Branch Managers in the manner provided in article

9(3), mutatis mutandis.

(4) The Institute shall ensure that the financing, planning,

education and training provision, staff appointments and salaries and

any relevant fees of the branches shall be integrated within one

overarching system applicable to the Institute.

(5) The guidelines referred to in sub-article (1) shall establish,

in accordance with this Act, the manner in which the relations

between the respective branch and the Institute shall take place, in

particular with respect to the development of programmes and

courses, the awards given by branches, the external relations of the

branches, appointments of staff in the branches and any other matter

that falls under the responsibility of the Board of Governors and the

Director in relation to the Institute.

(6) The Board of Governors shall make such arrangements for

any of the Institute’s branches overseas which may, with the approval

of the Minister, be exempt from the requirements of sub-articles (2) to

(5) insofar as such branch serves to fulfil the mission of the Institute

as provided in this Act.

(1) Where a member of any of the governing bodies of Disclosure of

the Institute, a member of staff of the Institute, or any person in any interests.

other manner engaged to provide educational or other services to the

Institute, has any interest in, or material to, any matter which falls to

be considered by any of the Institute’s governing bodies, he shall -

(a)

disclose to the governing body, as the case may be,

the nature of his interest at the first meeting of the governing

body after such interest is acquired or in advance of any

consideration of the matter, which ever is the earlier;

(b) take no part in any consideration of such matter and

neither influence nor seek to influence a decision in relation to

such matter;

(c)

if he is a member of a governing body of the

Institute, withdraw from the meeting of such governing body for

so long as the matter is being discussed or considered and shall

not vote or otherwise act in such capacity in relation to the

matter.

(2) Where a question arises as to whether or not a certain

course of conduct, if adopted and pursued by a person, would be a

failure by him to comply with the requirements of sub-article (1), the

question shall be determined by the Board of Governors and the

decision and its motivation shall be recorded in the minutes of the

meeting where the decision was taken.

(3) Where a disclosure is made to a governing body pursuant

to sub-article (1), particulars of the disclosure shall be recorded in the

minutes of the relative meeting.

(4) Where a person referred to in this article fails to make the

required disclosure, the Board of Governors shall decide the

appropriate action (including removal from office or termination of

contract) to be taken.

(5) Where a person having an interest referred to in sub-article

(1) is a voting member of the Board of Governors, such matters as are

revealed in accordance with this article 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 of Governors.

(1) Save as otherwise provided by this Act or any other

law, a person shall not, except where necessary for the proper

performance of his functions, without the consent of the Board of

Governors, disclose to any person any non-public information

obtained while performing, or as a result of having performed, duties

as a member of any of the governing bodies of the Institute or as a

member of staff of the Institute or as a person in any other manner

engaged to provide educational or other services to the Institute.

(2) Nothing in sub-article (1) shall prevent disclosure to the

Minister of information in a report made by or to the Institute or on

behalf of the Institute.

PART IV

Officers and Staff

(1) Articles 113 to 115 of the Education Act shall apply

to the Institute in relation to staff appointments

Provided that, for the purpose of this Act

(a)

any reference to the Prime Minister in article 114 of

the Education Act shall be construed as reference to the

Principal Permanent Secretary, following the direction of the

Prime Minister;

(b) in assessing the pensionable emoluments of any

officer detailed for duty with the Institute as provided in article

114 of the Education Act, for the purposes of any pension Cap. 327.

entitlement under the Pensions Ordinance and the Widows’ and Cap. 93.

Orphans’ Pensions Act, no account shall be taken of any

allowances, bonuses or gratuities paid to such officer by the

Institute in excess of what he is entitled to as a public officer;

and

(c)

during the time in respect of which any officer is

detailed to perform duties with the Institute as provided in the

previous paragraph, his terms and conditions of service shall not

be less favourable than those which are attached to his

appointment with the Government during the period aforesaid.

Such terms and conditions shall not be deemed to be less

favourable because they are not in all respects identical or

superior to those enjoyed by the officer concerned at the date of

such detailing, if in the opinion of the Prime Minister such

terms and conditions, taken as a whole, offer substantially

equivalent or greater benefits.

(2) (a)

Posts and salary scales with the Institute shall be

classified in an exercise carried out by a board composed of a

chairperson appointed by the Minister responsible for finance and two

other members, one appointed by the Minister responsible for

personnel policies in general in the public service and one appointed

by the Board of Governors. The classification shall be subject to the

final approval of the Minister responsible for finance.

(b) Such classification shall take place within six

months from the date of the coming into force of this Act.

(c)

Without prejudice to article 113 of the Constitution,

no person may, following a classification as aforesaid, be entitled to

rights under the Pensions Ordinance less favourable than those to Cap. 93.

which he would have been entitled prior to such classification.

PART V

Miscellaneous

(1) Articles 116 to 124 of the Education Act shall apply Financial

provisions.

to the Institute in relation to the financial matters of the Institute.

(2) The Institute shall be governed by the provisions of the

Financial Administration and Audit Act, unless otherwise stated in Cap. 174.

the Institute’s performance agreement entered into by the Permanent

Secretary and the Institute in terms of Article 17(9), in which case the

provisions of the said performance agreement shall prevail.

(1)

For the purposes of this Act, a student who is

(a)

a citizen of another Member State of the European

Union who is entitled to equal treatment to Maltese citizens by

virtue of EU legislation and treaty provisions dealing with free

movement of workers; or

(b)

a citizen of any other country who is entitled to

equal treatment to Maltese citizens in matters related to

employment by virtue of the application to that country of EU

legislation and treaty provisions dealing with the free movement

of workers; or

(c)

any other person who is entitled to equal treatment

to Maltese citizens in terms of the law, and, or EU legislation

and, or treaty provisions referred to in paragraphs (a) and (b), as

the case may be, on account of his family relationship with

persons mentioned in paragraphs (a) or (b); or

(d)

a third country national who has been granted long

term resident status in Malta under Regulation 4 of the Status of

Long-Term Residents (Third Country Nationals) Regulations, or

who has been granted a residence permit under Regulation 18(3)

thereof; as well as family members of such third country

national, as defined in Regulation 15(1) of the Status of Long-

Term Residents (Third Country Nationals) Regulations and in

Regulation 4 of the Family Reunification Regulations, when

such family members have been granted a residence permit

under the Family Reunification Regulations, shall be entitled to

pay the same fees as EU/EEA students.

(2) The Minister, upon being so advised by the Board of

Governors, may by regulations prescribe the fees to be charged for

examinations and special courses and programmes outside regular

hours and the fees to be paid by students

Provided that the Minister may exempt any person from

the payment of those fees.

(3) The Minister may determine rates of maintenance grants

or stipends payable to students within the Institute and may impose

conditions for the payment of such.

(1) Article 134 of the Education Act shall apply to the

Institute’s relations with the Minister

Provided that any reference to the Minister in the said

article shall, for the purposes of this article, mean the Minister

responsible for tourism.

(2) The Institute shall afford to the Minister facilities for

obtaining any information with respect to the property and activities

of the Institute, and for this purpose the Chief Executive Officer shall

furnish the Minister with returns, accounts and other information with

respect thereto, and shall afford to him facilities for the verification of

any information furnished, in such manner and at such times as the

Minister may reasonably require.

(3) Save as otherwise provided in the Act or in regulations

made thereunder, the Institute shall be under the general direction of

the Minister and, subject to such direction, under the supervision of

the Permanent Secretary.

(4) The Minister may, in relation to matters that appear to him

to affect the public interest, from time to time give to the Institute

directions in writing of a general character not inconsistent with the

provisions of this Act, on the policy to be followed by the Institute in

the carrying out of its functions, under this Act, and the Institute shall,

as soon as possible, give effect to all such directions.

(5) Any guidelines issued by the Institute as provided in this

Act require approval by the Minister for them to have effect.

(6) Save as otherwise provided in this Act, article 38 of the

Public Administration Act shall, mutatis mutandis, apply to the Cap. 497.

Institute.

(7) The Minister may establish an Advisory Board to assist the

Director in the manner provided under article 42 of the Public Cap. 497.

Administration Act;

(8) The Minister may, by virtue of this Act, make regulations

governing the functions and duties of any board, committee or body

established under this Act;

(9) The Minister may, subject to the provisions of this Act,

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

to regulate or otherwise provide about any matter in respect of the

functions and the activities which affect the Institute in accordance with

this Act.

(1) The property and undertakings owned by the Transfer of

Government and used by it immediately before the date of the coming property.

into force of this Act, where used by it for the operation of any of the

functions vested in the Institute by virtue of this Act shall, on the date

aforesaid, by virtue of this Act and without further assurance, be

transferred to and be vested in the Institute under the same title by

which they were held by the Government immediately before the said

date. The provisions of this article shall not apply to immovable

property.

(2) The use and administration of the immovable assets from

time to time specified in an order made by the President of Malta and

published in the Gazette (hereinafter referred to as "the immovable

assets") being immovable assets which, immediately before the

coming into force of this Act, were owned by the Government and

used by it for the exercise of any of the functions which by this Act

are being transferred to or vested in the Institute, shall, with effect

from such day as may be specified in any such Order and by virtue of

this Act and without any further assurance, be transferred to and

vested in the Institute under the same title by which they were held by

the Government before such day.

(3) The transfer and vesting aforesaid shall extend to the

whole of such property and undertakings and, without prejudice to the

generality aforesaid, shall include all plant, equipment, apparatus,

instruments, vehicles, craft, buildings, structures, installations, land,

roads, works, stocks and other property movable or immovable,

assets, powers, rights and privileges and all things necessary or

ancillary thereto which are held or enjoyed in connection therewith or

appertaining thereto, as well as all obligations affecting or relating to

any of the aforesaid property or undertakings or other things included

therein as aforesaid.

(4) Any transfer of property, whether movable or immovable,

shall be subject to all those terms and conditions that the President of

Malta, in consultation with the Minister, may deem necessary to

ensure that such property is exclusively used for the purposes of the

functions of the Institute or purposes ancillary thereto.

Subject to the provisions of this Act, all laws, rules,

regulations, orders, judgements, decrees, awards, deeds, bonds,

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Act affecting or relating to any of the properties or

undertakings transferred to the Institute by or under this Act shall

have full force and effect against or in favour of the Institute, and

shall be enforceable freely and effectually, as if the Institute of

Tourism Studies had been named therein or been a party thereto,

instead of the Government or governmental authority that had been

named therein or had been a party thereto, and otherwise in

substitution of the Government or governmental authority.

(1) When anything has been commenced by or under Transitory

the authority of the Government prior to the date of the coming into provisions.

force of this Act, and such thing relates to any of the properties or

undertakings or any right or liability transferred to the Institute by or

under this Act, such thing may be carried on and completed by or as

authorised by the Institute.

(2) Where, immediately before the coming into force of this

Act, any legal proceedings are pending to which the Government is or

is entitled to be a party, and such proceedings are related to any of the

properties or undertakings, or any right or liability transferred by or

under this Act, the Institute shall, as from the date aforesaid, be

substituted in such proceedings for the Government, or shall be made

a party thereto in like manner as the Government could have become

substituted, and such proceedings shall not abate by reason of such

substitution.

(3) The Minister may, by order, make such incidental,

consequential and supplemental provisions as he may deem necessary

or expedient for the purpose of determining, as appropriate, the assets

transferred to the Institute by this Act and securing and giving full

effect to the transfer of any property or undertaking or any right or

liability to the Institute by this Act and make such orders as may be

necessary to make any powers and duties exercisable by the

Government in relation to any of the transferred property or

undertakings exercisable by or on behalf of the Institute.

The Institution of Tourism Studies Regulations are hereby Revocation of

revoked without prejudice to anything done or omitted to be done the

Tourism Studies

thereunder.

Regulations.

Passed by the House of Representatives at Sitting No. 448 of the

7th November, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€2.16