ATT Nru XXIX tal-2019 ACT No. XXIX of 2019 ATT maħruġ b’liġi mill-Parlament ta’ AN ACT enacted by the Parliament of Malta.

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 20,300, 26 ta’ Novembru, 2019

Taqsima A

MALTA

ATT Nru XXIX tal-2019

ACT No. XXIX of 2019

ATT maħruġ b’liġi mill-Parlament ta’

AN ACT enacted by the Parliament of

Malta.

Malta.

ATT biex jirriforma

l-liġi

dwar

AN ACT to reform the law relating to

l-edukazzjoni f’Malta.

education in Malta.

ATT TAL-2019 DWAR L-EDUKAZZJONI

(1)

The short title of this Act is the Education Act, 2019. Short title and

commencement.

(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 and

different purposes of the Act.

(Articles 2 and 11)

Departments of Education

Department for

Curriculum,

Lifelong

Learning

&

Employability;

Department for Educational Services;

Strategy and Support Department.

In this Act unless the contents otherwise requires

Interpretation.

"accreditation" means the formal approval by the competent

authority under this Act or any regulations made thereunder, that the

suitability for the operation of a school and, or a childcare centre or an

educational programme is meeting the criteria to operate in line with

quality standards and in accordance with the relevant provisions of

this Act and, or any regulations made thereunder;

"Board", expect where otherwise defined, means the Board for

Educational Matters established by article 64;

"childcare centre" means an institution providing education and

care services to children aged one (1) day to three (3) years;

"College" means a College of State schools as provided for in

Part IV;

"compulsory school age" means any age from five (5) years to

fifteen (15) years, both inclusive, and accordingly a person shall be

deemed to be of compulsory school age if he has attained the age of

five (5) years and has not attained the age of sixteen (16) years or has

not yet completed the last year of secondary school;

"curriculum" means the National Curriculum Framework for all

schools at pre-compulsory and compulsory educational level;

"Department" means any department listed in the First Schedule;

"Director General" means a director general of a Department of

Education appointed in terms of article 13;

"Division" means the Division responsible for education

established by article 11(1);

"educational space" means any location where students attend

any educational programme or part thereof, given by an educational

practitioner and, or institution;

"educator" means, for the purposes of this Act, heads of

departments, heads of schools, assistant heads of schools, education

officers, teachers, kindergarten educators and learning support

educators;

"employment" includes employment in any labour or work

exercised by way of trade or for gain, whether the gain be to the person

employed or to any other person, and whether the labour or work is

done for wages or other compensation or not, and "to employ" shall be

construed accordingly;

"entity" includes a division, a college and any directorate, 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;

"financial year" means the period of twelve (12) months ending

on the thirty-first (31) 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 (31) day

of December of the following year;

"function" includes any responsibility, power and duty;

"general estimates" means the estimates, presented to the House

in respect of any financial year, of the expenditure for the service of

that financial year and includes any supplementary estimates of

expenditure for which it may be necessary to provide after those

estimates have been presented to the House and in this context

"financial year" has the same meaning as it has for the purpose of the

Constitution;

"Government" means the Government of Malta;

"Head of College Network" means the natural person to run and

administer a College in accordance with article 32(2);

"home educator" means any person, including the parent of a

child, in possession of a teachers’ warrant issued under article 11 of

the Teaching and Allied Professions Act, 2019 who is duly authorised Act

2019. to provide home education to a child in accordance with the provisions

of Part III;

"home education" means the progressive education of a minor

provided or organised by his parent whereby a home educator provides

tuition to the minor, at the expense of the parent, in substitution to state

or non-state education in accordance with the provisions of Part III

and any regulations made under this Act, and "home education

programme" shall be construed accordingly;

"individual needs" means needs and any difficulties of a

physical, sensory, intellectual or psycho-social nature;

"inclusive education" refers to the valuing and acceptance of

diversity and the rights of learners to not only attend mainstream

schools, but also to belong thereto as valued members by active

participation of all learners in and reducing the barriers that may lead

to exclusion from school curricula, cultures and community;

"kindergarten" means an institution providing education to

children aged three (3) to five (5) years;

"licence holder" means the person in whose name a licence is

issued;

"licensed school" means a school which has been granted a

licence to operate in accordance with the relevant provisions of this

Act and, or any regulations made thereunder;

"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 or any other law;

"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;

"national minimum conditions" means the national minimum

conditions for all schools referred to in article 5;

"officer" and "employee" include a public officer who is engaged

to perform duties with any entity established under this Act;

"parent" means the father or the mother and includes any person

who has the care and custody, whether legal or actual, of a child;

"prescribed" means prescribed by any regulation, statute, rule or

bye-law;

"public officer" has the same meaning as is given to it by article

124 of the Constitution;

"quality assurance" refers to one or more processes which

safeguard the quality of education at all levels within the economic,

social and cultural context, on a national, European and international

level, and ensures the use of appropriate measures as a means of

improving the quality of students’ well being, leadership, teaching,

learning, training and research;

"quality standards" means the details of the expectations, the

various guidelines and characteristics to be able to meet structure,

process and outcomes quality by the service provision in order to meet

the purpose of the process or service;

"remuneration" includes compensation in any form whether in

money or in kind;

"scholastic day" means every day during a scholastic year not

being a school holiday or a public holiday;

"scholastic year" means that period determined as the scholastic

year in the national minimum conditions;

"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 shall include a school providing kindergarten

education;

"student" means a minor of pre-compulsory and compulsory

school age enrolled in a childcare centre or a school.

PART I

General Provisions

(Article 71(2))

Consequential amendments to other legislation

PHRASE THAT IS TO

LEGISLATION

PROVISION

AMENDMENT

BE AMENDED

P u b l i c S e r v i c e r e g u l a t i o n 2 ( 1 ) - " a r t i c l e 1 2 5 o f t h e "article 65 of the Education

Commission

definition

o f Education Act"

Act"

Appointments "Registrar

of

Regulations - S.L. Examinations"

Const.05

m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

regulation 2

Hospital Fees for m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

Foreign Patients regulation 2(g)

Regulations - S.L.

35.14

Control of Private m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

Schools

F e e s regulation 2

Regulations - S.L.

m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

117.25

regulation 7

Ta x

C r e d i t marginal note in rule "Cap. 327."

"Cap. 605"

(Educational

2(1)

Q u a l i f i c a t i o n s ) marginal note in rule "Cap. 327."

"Cap. 605"

Rules - S.L.

3(3)

123.180

Disabled Persons m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

( E m p l o y m e n t ) article 2

Act - Cap. 210

Immigration

m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

Regulations - S.L. regulation 8(2)(a)

217.04

PHRASE THAT IS TO

LEGISLATION

PROVISION

AMENDMENT

BE AMENDED

S t a t u s o f L o n g - m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

Te r m R e s i d e n t s regulation 11(1)(c)

(Third Country

Nationals)

Regulations - S.L.

217.05

C o n d i t i o n s o f m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

Entry

a n d regulation 2

Residence

of

Third-Country

Nationals for the

Purposes

of

Research, Studies,

Training

and

Voluntary Service

in the Mobility

Project for Young

People: Voluntary

Projects

Regulations - S.L.

217.22

Commissioners for Schedule

"Cap. 327."

"Cap. 605"

Justice Act - Cap. Schedule

"Article 129(1)(b)"

"Article 59(1) (a) and (b)"

S o c i a l S e c u r i t y m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

Act - Cap. 318

article 6(1)(b)

m a r g i n a l n o t e i n Cap. 327."

"Cap. 605"

article 32(2)(b)

marginal note in the "Cap. 327."

"Cap. 605"

second proviso to

article 77

Fourteenth Schedule, "Cap. 327"

"Cap. 605"

Part VI

F e e s ( Tu i t i o n ) regulation 2

"by article 10 of the "by article 13 of the

Regulations - S.L.

Education Act"

Education Act"

327.01

m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

regulation 2

National Minimum m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

Conditions for all regulation 2

Schools

Regulations - S.L.

327.12

U n i v e r s i t y F e e s m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

Regulations - S.L. regulation 3

327.177

National

regulation 2

"in article 7"

"in article 5(b) and (d)"

Curriculum

m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

Framework

regulation 2

Regulations - S.L.

327.190

S t a t u t e 1 2 - m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

F u n c t i o n i n g o f paragraph 4

University Boards

Statute - S.L.

327.224

PHRASE THAT IS TO

LEGISLATION

PROVISION

AMENDMENT

BE AMENDED

R e g i s t r a t i o n o f m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

Childcare

regulation 4

Facilities

as

Educational

Establishments

Regulations - S.L.

327.323

R e g i s t r a t i o n o f m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

Summer Schools regulation 2

as Educational

Establishments

Regulations - S.L.

327.349

M a l t a A c a d e m y article 2

"article 131"

"article 49"

for the Arts Order - m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

article 2

m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

article 3

Recruitment,

m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

Initial Training and regulation 2

Continuous

Professional

Development and

Protection

of

Minors

in

Compulsory

Education

Regulations - S.L.

327.546

N a t i o n a l S k i l l s m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

Council

article 2

(Establishment)

Order - S.L.

327.547

I n s t i t u t e f o r t h e m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

P u b l i c S e r v i c e article 2

(Establishment)

O r d e r - S . L . m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

article 6(9)

327.552

N a t i o n a l B o o k m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

Council

article 2

(Establishment)

Order - S.L.

327.580

Statute regarding article 4

" ( C h a p t e r 3 2 7 o f t h e "Chapter 605 of the Laws

Immovable

Laws of Malta"

of Malta"

Property over

which

the

University of

Malta has a Claim

or Title at Law -

PHRASE THAT IS TO

LEGISLATION

PROVISION

AMENDMENT

BE AMENDED

Manpower

regulation 6(1)

"article 43(1) and (2)"

"article 58(1), (2) and (3)"

Records

m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

(Commencement

or Termination of regulation 6

Employment)

Regulations - S.L.

343.23

E x t e n d e d S k i l l m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

Training

regulation 2

Regulations - S.L.

343.25

Local Councils and Schedule

"Cap. 327"

"Cap. 605"

Regional

Schedule

"Article 29(1)(b)"

"Articles 58 to 63, both

Committees

inclusive"

(Delegation of

Enforcement)

Order - S.L.

363.41

Commissioners for marginal note in rule "Cap. 327"

"Cap. 605"

Administrative 2

Investigations

(Functions) Rules -

Host

F a m i l y m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

A c c o m m o d a t i o n regulation 2

Regulations - L.S. regulation 2

"has the same meaning as "refers to an institution as

409.10

a s s i g n e d t o i t i n t h e referred to in article 49 of

Education Act"

the Education Act"

regulation 2

definition of "school" and To be deleted.

corresponding marginal

note

Equal

article 2

-

(add) "Cap. 605" - as a

Opportunities

marginal note

(Persons with

Disability) Act -

National

m a r g i n a l n o t e i n "Cap. 327"

"Cap. 605"

M u s e u m s , S i t e s regulation 3(1)(c)

and Collections

(Admission Fees)

Regulations - S.L.

445.05

first item in the third "Cap. 327"

"Cap. 605"

Mutual

Recognition of column

of

the

Qualifications Act Schedule

- Cap. 451

Employment and article 48(3)(a)

"Cap. 327"

"Cap. 605"

Industrial

Relations Act -

PHRASE THAT IS TO

LEGISLATION

PROVISION

AMENDMENT

BE AMENDED

Yo u n g P e r s o n s m a r g i n a l n o t e s i n "Cap. 327."

"Cap. 605"

( E m p l o y m e n t ) regulation 2

Regulations - S.L.

m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

452.92

regulation 3

m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

proviso to regulation

5(3)

Sports Act - Cap. m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

article 3(1)

Free Movement of m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

E u r o p e a n U ni o n article 10(2)(a)

Nationals and their

Family Members

Order - S.L.

460.17

A d m i n i s t r a t i v e m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

Review Tribunal article 3(13)(f)

(Establishment of

Panels) Order -

Electrical

m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

Installations

regulation 2(2)

Regulations - S.L.

545.24

Healthy Lifestyle m a r g i n a l n o t e s i n "Cap. 327."

"Cap. 605"

P r o m o t i o n a n d article 2

Care on Non-

Communicable

Diseases Act -

P r o c u r e m e n t o f m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

Food for Schools regulation 2

Regulations - S.L.

550.01

Academy

f o r m a r g i n a l n o t e s i n "Cap. 327."

"Cap. 605"

Disciplined Forces article 2

Act - Cap. 559

A s s i g n m e n t o f r e f e r e n c e s i n t h e " E d u c a t i o n A c t ( C a p . "Education Act (Cap. 605)

Statutory

Schedule

327)"

Te a c h i n g a n d A l l i e d

Ministerial

Professions Act (Cap.

Responsibilities

606)

Act - Cap. 561

Further and Higher

Education Act (Chapter

number of Further and

Higher Education Act)"

Employment and m a r g i n a l n o t e i n "Cap. 327."

"Cap. 605"

Training Services article 11(3)

Act - Cap. 594

m a r g i n a l n o t e s i n "Cap. 327."

"Cap. 605"

article 42(1)(a) and

(b)

m a r g i n a l n o t e s i n "Cap. 327."

"Cap. 605"

article 57(1)(a) and

(b)

Every person of a compulsory school age residing in Malta Right to

has the right of access to education without any distinction of age, sex, education.

religion or belief, economic means, race or ethnic origin, political

opinion, disability, colour, sexual orientation or gender identity.

(Article 71(3))

Subsidiary Legislation deemed to have been made under this Act

CURRENT

NEW RE-NUMBERING

SUBSIDIARY LEGISLATION

NUMBERING

TO BE GIVEN

Fees (Tuition) Regulations

National Minimum Conditions for all Schools

Regulations

Fees (Lifelong Learning Courses)

Regulations

School Council Regulations

E n g l i s h L a n g u a g e Te a c h i n g C o u n c i l

Regulations

Students Maintenance Grants Regulations

National Curriculum Framework Regulations

Registration of Summer Schools as

Educational Establishments Regulations

Recruitment, Initial Training and Continuous

Professional Development and Protection of

Minors in Compulsory Education

Regulations

National Skills Council (Establishment)

Order

Institute for the Public Services

(Establishment) Order

National Book Council (Establishment)

Order

Passed by the House of Representatives at Sitting No. 281 of the

20th November, 2019.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€4.50

(1)

It is the duty of the State -

Obligations of

the State.

(a)

to promote education in Malta based on the values of

democracy, inclusion, diversity, active citizenship, critical

thinking, responsible behaviour and ethical conduct; and

(b) to ensure the existence of a system of schools and

other educational institutions in Malta catering for the full

development of the whole personality and overall well-being of

the person including his ability to work.

(2) In particular, it shall be the duty of the State -

(a)

to develop and implement an education policy based

on the values set out in sub-article (1);

(b) to establish such educational facilities as are

necessary to equip students with the knowledge, skills and

competencies required to make the most of global opportunities

and to deal with the challenges of society and the economy of

today and tomorrow;

(c)

to ensure the teaching of the core curricular

entitlement as established in the National Curriculum

Framework;

(d) to ensure that there exist early childhood education

and care centres;

(e)

to provide for education of children of compulsory

school age;

(f)

to ensure the provision of post-compulsory and

tertiary education for students who have completed their

secondary education;

(g) to promote the teaching of the liberal and expressive

arts, science, languages, technology, vocational education,

personal development, life skills and sports among all students.

It shall be the right of the State -

(a)

to implement the Framework for the Education

Strategy for Malta;

(b) to implement the National Curriculum Framework of

studies for all schools at pre-compulsory and compulsory

education level and the national minimum conditions for all

schools;

(c)

to establish the national minimum conditions for all

schools and ensure adherence by licence holders to such

conditions;

(d) to secure compliance with the National Curriculum

Framework of studies; and

(e)

to ensure the provision of quality inclusive and

equitable education by all providers in the education sector

Provided that, without prejudice to the above-mentioned

rights of the State, the State recognises the right of non-state schools to

have their own character, identity, ethos, and autonomy.

It shall be the duty of every parent of a minor -

(a)

to ensure that the minor receives all the necessary

education for the development of the whole of his personality,

including his ability to work and be an active citizen;

(b)

to ensure the motivation of the minor for education;

(c)

to ensure his disposition for good behaviour and

discipline;

(d) to cause the minor to be registered in a school for the

first scholastic year and during the period when he is of

compulsory school age, provided that the Minister may, by

regulations, make provision for special cases, including where

the minor was not residing in the Maltese islands;

(e)

to ensure that the minor attends school on each

scholastic day during all the period of compulsory school age, or

up to the end of such further period as the Minister may prescribe

by regulations, unless the minor has a good and sufficient cause

to be absent from school;

(f)

to cooperate fully and with due respect with the Head

of School and all the staff of the school attended by the minor;

and

(g) to adhere to policies issued by the Division, the

College and the school.

Subject to the provisions of this Act, it is the right of every Rights of

parent of a minor to give his decision with regard to any matter parents.

concerning the education of the minor, provided that such decision is

in the best interests of the minor in accordance with article 8(1).

(1) Decisions with regard to matters concerning the Best

education of a minor shall be based primarily on the best educational educational

interests of the

interests of the minor with due regard to the interests of other students minor.

attending the same school as the minor and the continued effective and

efficient operation of the school

Provided that the Board shall, in its decisions, ensure that

due regard is given to the principles established in article 4(1)(a).

(2) Where the Head of School of a State school, through the

Head of College Network within which a minor is registered, believes

that the decision of the minor’s parent or parents with regard to any

matter concerning the education of the minor is not in accordance with

the principle set out in sub-article (1), he shall forthwith bring the

matter to the attention of the Division

Provided that all reasonable solutions, if applicable, have

been considered and attempted in such case, the Division may, if it

considers it appropriate to do so taking into account the circumstances

of the case, make an application to the Board for a decision on the

matter.

(3) The Board shall, after giving the Division and the parents of

the minor the opportunity to make their submissions in such manner

and within such time as may be fixed by the Board, and after listening

to the minor and any other person, give a decision on the matter.

(4) An application may also be made to the Board by any

parent for a decision with regard to any matter concerning the

education of the minor where it is not possible to obtain the consent of

the other parent of the minor or where there is disagreement amongst

the parents of the minor on any matter concerning the education of the

minor. The Board shall, after giving the parents of the minor the

opportunity to make their submissions in such manner and within such

time as may be fixed by the Board, and, if it considers so appropriate,

after listening to the minor and any other person, give a decision on the

matter

Provided that where the whereabouts of a parent are not

known, it shall not be required to allow such parent the opportunity to

make submissions.

(5) The Head of School and the parents of the minor shall

ensure that the decision of the Board is implemented.

(6) Should there be a change in circumstances, the parents and,

or the Head of School may refer the case to the Board for review.

It shall be the duty of schools -

(a)

to accomplish the education strategy for Malta and

the National Curriculum Framework according to the potential

and the various skills of students attending thereat and according

to the ethos, identity and character of the particular school, and

to ensure that the National Curriculum Framework is translated

into appropriate curricula, programmes, pedagogies and

assessments for the students through an adequate school

development plan and that these are implemented;

(b) to secure and ensure compliance with the national

minimum conditions established for schools;

(c)

to establish a culture of lifelong learning and

conducive conditions for effective quality teaching and learning

based on the values set out in article 4(1);

(d) to promote high standards of learning and teaching in

collaboration with educators, learners and parents’ committees

in a spirit of collective responsibility;

(e)

to encourage student involvement and active

participation;

(f)

to

establish

a

safe

and

inclusive

learning

environment;

(g) to ensure good conduct from any person within the

school premises;

(h)

to ensure the use of positive discipline;

(i)

to self evaluate, consult and engage in dialogue to

identify the needs of educators, learners and parents through

student centred approaches for the purposes of school

development planning;

(j)

to establish good leadership and management and to

promote a team culture among the school’s senior management

team and staff through cooperation, especially with regards to

initiatives, challenges and problems related to the school as a

whole;

(k) to promote the continuous professional development

of educators;

(l)

to establish a culture conducive to an effective home-

school partnership; and

(m) to develop an active role within the community, and

encourage community involvement and participation.

Wherever under the provisions of this Act a right or a duty Minister to

is vested in or imposed on the State, that right or duty shall be represent

State.

exercised or fulfilled by the Minister.

PART II

Constitution and Functions of the Division of Education

(1) There shall be a Division of Education, composed of Division of

Departments which shall be listed in the First Schedule, as the Education.

Minister may determine from time to time.

(2) The Minister may amend the said Schedule and establish or

remove any Department as he may deem necessary by means of an

Order in the Gazette.

(3) Without prejudice to the provisions of this Act, each

Department shall be under the responsibility, guidance and

administration of a Director General who shall be responsible for the

executive management, administration and administrative control of

the officers and employees of the Division.

(4) The functions of the Division are to be performed in such

manner as shall be determined by the Minister, as he deems

appropriate, from time to time.

(1) The functions of the Division of Education shall

include the following

(a)

to implement any matter required to achieve the

objectives and execute the duties of the State under articles 4 and

5, under the general direction of the Minister;

(b) to ensure that all children of a compulsory school age

are registered and duly attending school;

(c)

to regulate, establish, monitor and assure standards

and quality in the programmes and educational services provided

by schools in Malta, whether State schools or not; and

(d) to ensure the effective and efficient operation and

delivery of services to State schools within an established

framework of decentralisation and autonomy.

(2) In particular the Division of Education shall

(a)

generally regulate, guide, evaluate, verify, research

and report on the various elements and the results of the pre-

compulsory and compulsory education system with the aim of

assuring quality and equitable 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;

(b) establish and periodically review standards and

policies in full respect of the character, identity and autonomy of

each school;

(c)

periodically review the National Curriculum

Framework and propose to the Minister any necessary changes

thereto;

(d) 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;

(e)

perform external reviews in complement to the

internal review so as to provide guidance, monitoring,

inspection, evaluation and reporting on educational leadership,

the process of teaching and learning, the application of the

curriculum, student well-being, learning and assessment

programmes or syllabi, pedagogy, assessment and examinations

in full respect of the character, identity and autonomy of the

school;

(f)

be responsible for the compliance with and

implementation of the provisions of laws and regulations dealing

with matters relating to education;

(g) receive and process applications for the issuing of a

licence for the opening of childcare centre and, or a school;

(h) ensure that the national minimum conditions for all

schools are being constantly observed and investigate and take

all necessary steps required on any matter about which the

relevant department may consider the suspension or the

withdrawal of a school licence, and take decisions concerning

the suspension or the withdrawal of a school licence;

(i)

receive, consider and decide upon applications of

parents who wish to provide home education to their children by

a duly warranted teacher, which warrant shall have been issued Act No. XXX of

under article 11 of the Teaching and Allied Professions Act, 2019

2019, in lieu of education provided by a school;

(j)

impose any such conditions as it may deem

reasonable and appropriate when acceding to such applications

as referred to in paragraph (i);

(k) monitor all authorised home education programs and

ensure that the quality of education offered in such programmes

is of an adequate standard;

(l)

ensure that all conditions imposed as referred to in

paragraph (j) are being adhered to;

(m) authorize any such person in possession of the

necessary qualifications to act as home educator;

(n) provide guidelines for the proper implementation of

home education programmes and the procedures to be followed;

(o) regulate, as it deems appropriate, the use of sports

facilities, laboratories, workshops and other ancillary facilities of

school complexes and colleges as may be offered to home

schooled students;

(p) provide accreditation for education until compulsory

school age up to level three (3) of the Malta Qualifications

Framework;

(q) ensure that all information, data and statistics

required for the drafting, the planning and the implementation of

policy, strategies, guidelines and directives in education are

researched, collated, compiled, and analysed, 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;

(r)

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 State schools and State

educational institutions;

(s)

promote, encourage and monitor the democratic

governance of schools through School Councils with the active

participation of parents, educators and students;

(t)

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;

(u) provide the resources required for inclusive and

special educational programmes and for other schemes related to

individual educational needs;

(v) ensure the supply and the coordination of vocational

and career guidance services, including the implementation of

programmes with the social partners and civil society aimed at

achieving improved school-workplace congruence and assist in

the transition stages, including those from school to work;

(w) ensure the provision of services required to generate

a culture of respect for all and to deal effectively with issues of

good conduct and discipline, of child abuse, of bullying and of

substance abuse;

(x)

promote the physical and mental health of students

through health information and promotion, medical screening

services and healthy lifestyle programmes;

(y)

administer State aid to non-State schools;

(z)

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;

(aa) 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;

(ab) prepare any required guidelines, statistics, or strategy

as may be required by the Minister for the better implementation

of education policy and provision of educational services;

(ac) generally give advice to the Minister on any matter

relating to education and perform any other function that the

Minister may from time to time assign to the Division;

(ad) implement any matter required for the proper

execution of any provision of this Act; and

(ae) 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.

The Directors General of the departments of Education Appointment of

shall be appointed by the Prime Minister for a period of three (3) years Directors

General.

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 call for which there may apply such persons who have the

qualifications, the educational experience and the qualities necessary

for the management of these departments. When a term of office

expires, such person may be reappointed for a further period or

periods.

(1) Without prejudice to the generality of the power Right to

conferred in this article and the data protection provisions established information.

by virtue of the Data Protection Act and Regulation (EU) 2016/679 of Cap. 586.

the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal

data and on the free movement of such data, the Division of Education

may request, collect and verify any information, data and statistics, as

may be required for the performance of its functions.

(2) The Division of Education shall have access to all

information which schools, State and non-State, may possess, and

shall be entitled to request and obtain all data they may require to

perform its functions from students, parents, personnel, and

examination bodies, and this data shall be given to the Division within

a reasonable time from the date of request.

(3) Without prejudice to the generality of the power conferred

in this article and the data protection provisions established by virtue

of the Data Protection Act and Regulation (EU) 2016/679 of the

European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal

data and on the free movement of such data, the Division shall have

access to other statistics and data of personal, economic and social

nature as required in order that it may perform its functions according

to this Act.

The Division of Education shall have such education

officers and other officers within each of its departments as are

necessary for the execution of the functions of the Division and for the

general implementation of this Act or of any regulations made

thereunder.

(1) There shall be a Department which shall be

responsible to regulate pre-compulsory and compulsory education

through establishing, monitoring and assuring standards and quality in

educational services and programmes provided by schools and

childcare centres, whether State or not, as provided for in this Act and

any regulations made thereunder. In particular this Department shall

carry out the functions referred to in article 12(2)(a) to (p).

(2) This Department shall be independent and autonomous in

its operation.

(3) The Department may, for the purposes of giving practical

guidance on matters relating to inspections under article 17 and

investigations under article 18 and to lay out practices with respect to

those matters, from time to time prepare, approve and issue such codes

of practice as in its opinion are suitable for those purposes.

(1) Duly authorised officers of the Division shall have

the power to enter at any time, without prior notice, in any school,

childcare centre, class or place of instruction, and inspect and report

on the teaching and learning process, educational leadership, learning

and assessment programmes, student well-being, the physical

environment, and the observance of the conditions, standards, policies

and regulations established and made by virtue of this Act.

(2) Schools, childcare centres and home educators shall

provide any information and access requested by these officers as they

may deem necessary for the implementation of the functions of the

Division.

Without prejudice to the provisions of this Act, the Division Investigation of

may investigate a complaint if it deems it appropriate to do so, in complaint.

accordance with prescribed regulations.

(1) If the Division so requests for the purposes of an Licence holder

investigation of the complaint, the licence holder to which the to

information.

complaint relates must provide it with -

(a)

such information held by the licence holder as may

be specified or described in the Division’s request, and

(b) such other information held by the licence holder as

the Division may deem to be relevant to the investigation.

(2) In carrying out any investigation, the Division shall

establish its own procedure and licence holders shall be bound to

cooperate in any such investigation.

Where the Division has found the licence holder to be in Action plan.

breach of any regulations or has been issued with recommendations as

a result of any investigation and, or as a result of a quality assurance

process, the licence holder must prepare an action plan which shall

include a written statement of the action which it proposes to take in

the light of the report, and the period within which it proposes to take

that action. Such action plan is to be approved by the Division, which

shall ensure that the action plan is implemented within the established

period. The Division shall have the power to take any reasonable

action it deems fit in cases of failure to implement such action plan.

PART III

Licences to establish Schools, Childcare Centres

and to provide home education

(1) It shall not be lawful to establish and, or run a school, Licences to

a childcare centre or to provide home education without a valid licence establish

schools,

issued by the Division in accordance with the following provisions

childcare

centres and to

provide home

Provided that a licence under this Part shall not be required education.

in the each of the following cases

(a)

by a provider offering further or higher education as

2019. defined in the Further and Higher Education Act, 2019; or

(b) where a licence is to be obtained from any other body

so authorised by law.

(1) Any person shall have the right to apply to the

Division for the grant of a licence to establish and run a school, a

childcare centre or to provide home education.

(2) The Division, acting upon the recommendation of the

Department referred to in article 16, may grant the licence mentioned

in sub-article (1) where the school, childcare centre and home

education conforms with the prescribed conditions and the Division

deems the grant of the licence to be in the public interest

Provided that a licence shall be granted if the Government

is bound to do so by an international agreement and the school

conforms with the national minimum conditions

Provided further that where an applicant for a licence is

already licensed or otherwise legally established in a Member State,

the Division, in compliance with Directive 2006/123 of the European

Parliament and of the Council of 12 December, 2006 on services in the

internal market, shall not duplicate requirements or controls which are

equivalent or essentially comparable as regards their purpose to which

the applicant may already be subject to in another Member State.

The granting of a licence is a concession and a revocable

privilege, and no holder thereof shall be deemed to have acquired any

vested rights therein or thereunder. The burden of proving the licence

holder’s qualifications to hold a licence shall rest at all times on the

licence holder. In this article, "licence" includes and applies to any

licence and authorisation, however designated, issued by the Division.

(1) Where it deems it to be in the public interest, the

Division may grant a temporary licence to a school or a childcare

centre for a period of up to 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 article 21.

(2) A temporary licence may only be further extended for not

more than three (3) consecutive years.

(3) Where the school or the childcare centre is granted a

temporary licence for the third year, the licence holder shall

communicate immediately this information to the parents and, or

students, as the case may be, and staff members.

(1) Where the applicant for a licence to establish a Submission of

school or a childcare centre is a body corporate, a copy of the statute is copy

statute.

to be submitted with the application for a licence.

(2) The applicant for a licence shall indicate in the application

the particulars of the designated person and whether the licence is to

be granted in the name of the designated person in his personal

capacity or in representation of a body corporate, institution or

religious order

Provided that the licence for State schools shall be granted

in the name of the Director General responsible for such.

(3) The applicant for a licence shall also provide the Division

with all documentation and information required by the Division in

order to consider the application.

(1) In the case of a school or a childcare centre, any Licence in the

licence granted under the provisions of this Part shall be in the name of name

designated

the designated person in his personal capacity or in representation of a person.

body corporate, institution or religious order, as the case may be.

(2) The designated person in whose name a licence is granted

shall be personally responsible to ensure that all the obligations

attached to that licence are observed at all times whether that licence

has been granted in his name personally or in representation of a body

corporate, institution or religious order.

(3) The licence holder in whose name a licence is issued to

provide home education, as defined in article 2, shall be personally

responsible to ensure that all the obligations attached to that licence

are observed at all times.

The decision of the Division to grant or to refuse an Decisions

application for a licence shall be notified in writing to the applicant concerning

applications for

within three (3) months from the date the application was received by a licence.

the responsible department. A decision to refuse an application for a

licence shall be accompanied with the reasons for refusal. Failure to

notify the applicant about the decision regarding an application for a

licence within the time established in this article shall, for reasons of

public interest, be deemed to be a refusal of the licence applied for

Provided that an application for a licence shall not be

deemed to have been filed by an applicant unless it is duly filled in and

accompanied with all required information and documentation

Provided further that an application shall not be deemed to

have been submitted by the Catholic Church if such application is not

signed by the Bishops in Ordinary of these Islands or authorised by

them in writing.

(1) Where the designated person in whose name a

licence is issued in accordance with article 26(1) ceases to be the

designated person for any reason whatsoever, the following provisions

of this sub-article shall apply

(a)

where the licence is in the name of that designated

person in his personal capacity, a fresh application for a licence

shall be made;

(b) where the licence is in the name of that designated

person in representation of a body of persons, that body shall

without delay give notice in writing to the Division of the change

in that office and submit the particulars of the person who has

assumed that office and thereafter the licence shall be deemed to

be in the name of that person in representation of that body of

persons.

(2) Where no application as required by sub-article (1)(a) or no

notice as required by sub-article (1)(b) is made or given within three

(3) months from the date on which the designated person in whose

name the licence was issued ceases to hold that office, that licence

shall be deemed to have been cancelled on the date of the lapse of that

period of three (3) months.

(1) The Division, acting upon the recommendation of

the Department referred to in article 16, may suspend a licence issued

in accordance with article 22(2) or a temporary licence issued in

accordance with article 24(1) if the school does not conform with the

national minimum conditions or any condition imposed by the

Department, or is otherwise in breach of applicable legislation.

(2) Where the reason of the suspension is not remedied by the

licence holder within a period of three (3) months from the date of

suspension of the licence, the Division may proceed to withdraw the

licence.

(1) When an application for a school licence has been

refused or is deemed to be refused in accordance with article 27 or

where a school licence is suspended or cancelled, the applicant or

licence holder may appeal to the Administrative Review Tribunal in

accordance with the provisions of the Administrative Justice Act and

any applicable regulations made thereunder.

(2) An appeal under sub-article (1) shall be made in writing

within two (2) months from the date on which the decision refusing

the application or the decision suspending or withdrawing the licence

was notified to the applicant or from the date of the lapse of the period

of three (3) months mentioned in article 29(2), as the case may be.

(3) 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 Cap. 490.

thereunder.

The Division shall keep a register containing the details of Register of

every school, childcare centres and home educators with a licence licences.

issued under this Act.

PART IV

State Schools

(1) With the aim of ensuring the existence of a system of State Schools

schools to secure the objectives set out in article 4, the Minister shall and Colleges.

establish such State Schools in Malta and Gozo as the Minister may

deem necessary from time to time. Each State School shall be under

the responsibility, guidance and administration of a Head of School.

(2) With the aim of enhancing co-operation and networking

among State schools, the Minister may also establish such State

Colleges in Malta and Gozo as the Minister may deem necessary from

time to time. State Colleges shall be composed of those State Schools

as the Minister may direct from time to time. Every State College shall

have a Head of College Network who shall be responsible for the co-

operation and networking among State Schools forming part of the

College.

(3) With the aim of offering specialisation in particular

subjects, the Minister may also establish such cluster of colleges as

may be deemed necessary from time to time. The cluster of colleges

shall be composed of a group of colleges as the Minister may direct

from time to time.

(4) The legal and judicial representation of State schools shall

vest in the Director General responsible for State schools, provided

that such Director General may appoint any one or more of the officers

or employees, 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.

(1) The Minister and the Division of Education shall

promote the application of the principle of subsidiarity and self-

governance in the management and administration of State Schools,

within a framework of decentralisation and autonomy of the

educational operation and services provided by schools according to

the priorities, targets and national strategies adopted by the

Government.

(2) Nothing in this Act shall be construed as preventing the

Minister, for the purpose of implementing the principle of subsidiarity

and self-governance in the management and administration of State

Schools, from delegating or assigning any of the functions of the

Division of Education to the Schools or Colleges established under

this Part.

(1) The school development plan shall be the main

educational policy and implementation tool and shall, in particular,

aim to facilitate the implementation and pursuance of the learning

outcomes’ framework in view of the differing contexts of every school

and the particular needs of its students.

(2) The school development plan shall be for a period

established by the Division and it shall be prepared by the Head of

School through a ‘whole school’ approach.

(3) The Head of School shall review the implementation of the

school development plan on an annual basis.

(1) The college development plan shall seek to secure

synergy among the schools forming part of the College and that

national policies on matters of education are followed and

implemented. The college development plan is to include a business

plan for the different schools forming part of the College based on the

ethos, challenges and necessities of each school.

(2) The college development plan shall be for a three (3) year

period. It shall be prepared by the Head of College Network together

with the Heads of the Schools forming part of the College.

(3) The Head of College Network, together with the Heads of

Schools, shall review the implementation of the college development

plan on an annual basis.

(1) In addition to the duties of schools referred to in

article 9, it shall be the function of each State School

(a)

to identify and equitably provide learning and

assisted programmes for all students;

(b) to ensure that the national policy on inclusive

education is being applied and that the resources, tools and

facilities required are available;

(c)

to ensure the prompt and effective implementation of

such other functions as may be assigned by the Minister from

time to time;

(d) to abide by the financial and procurement regulations

and procedures; and

(e)

to maximise school and human resources.

(2) It shall be the function of each State College

(a)

to ensure networking and coordination among the

schools forming part of the College;

(b) to facilitate the implementation of the duties of the

State set out in article 4;

(c)

to ensure collaboration with State Schools pertaining

to other Colleges;

(d) to establish association agreements with other

institutions and organisations which are conducive to learning in

its broadest sense and which may assist to equip students with

the knowledge, skills, competencies and values required for

active citizenship, employability and entrepreneurship; and

(e)

to ensure the prompt and effective implementation of

such other function as may be assigned by the Minister from

time to time.

(1) Every State School shall have a Head of School who Heads of School

shall be responsible for decisions concerning educational matters and

College

within the school and report to the Head of College Network.

Network.

(2) Every State College shall have a Head of College Network

who shall be responsible to the Director General who is assigned the

general responsibility for State Schools as regards the performance of

his functions.

It shall be the duty of every Head of School to ensure that Core role of the

the functions of the school as provided for in article 36(1) are being Head of School.

accomplished. The core role of the Head of School shall be to

(a)

promote, implement and pursue the mission of the

school in providing a high quality inclusive education for all

students;

(b) provide strategic and instructional leadership and

direction to school staff and the overall day-to-day management

of the school;

(c)

assume a leading role in organizing and coordinating

all activities related to curriculum delivery and development; and

(d) perform such other function as may be assigned by

the Division from time to time.

(1) There shall be an officer who shall be referred to as

Head of College Network to carry out the functions set in this article.

(2) It shall be the duty of every officer described in sub-article

(1) to ensure that the functions of the College as provided for in article

36(2) are being accomplished. The core role of the Head of College

Network shall be to coordinate, facilitate and promote

(a)

cooperation and collaboration in all educational

spheres among the schools within the College, thereby allowing

synergy to take place;

(b) networking among all educators to share, improve

and enhance good practices and thereby strengthen collegiality;

(c)

opportunities for continued professional training and

development of all staff; and

(d) outreach initiatives that make possible synergies with

the community (social, civil, and economic).

(1) State Schools shall seek to create partnerships with

non-State colleges or schools in Malta and in other countries and any

other entity and may conclude agreements of collaboration in favour

of the education of students.

(2) Such partnership agreements shall provide for opportunities

of collaboration, the use and sharing of resources, and exchanges of

experience, good practice and educational programmes.

(1) The Head of School may enter into agreements of a Use of school

limited duration with third parties, for such consideration as he deems premises

learning,

appropriate, for the use of the premises and facilities of State Schools, cultural

activities.

or part thereof, as learning centres, or centres for the pursuit of

activities of physical exercise and sports education, or for cultural

activities of arts, music and drama, or for such other similar activities

in accordance with policies set out by the Division of Education

Provided that

(a)

such activities shall not cause interference with

teaching and education of the students of State Schools; and

(b) priority shall always be given to the use of State

Schools by the Government for such activities as the

Government considers appropriate.

(2) The Head of School shall enter into such agreements as

provided for in sub-article (1) according to policies established by that

department responsible for school premises.

(3) Where authorisation is granted as provided in sub-article

(2), the provisions of the Government Lands Act shall not apply

Provided that the agreement shall not confer any real rights

to third parties.

(4) Any income obtained from an agreement as is referred to in

sub-article (1) shall belong to the school.

(5) The Minister may give such directives or make such

regulations as he considers appropriate in connection with the use of

the premises and facilities of State Schools by third parties, including

the conditions under which rights of use may be granted, and the use

which is to be made of any proceeds generated by a school from the

agreements referred to in sub-article (1).

Every State School, whether it is a school forming part of a School Council

College or not, shall have a School Council which shall be composed and

Council.

of parents and educators, and a Students’ Council which shall be

composed 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 of Good behaviour

School and the teaching and non-teaching staff of a school, including and

schools.

whosoever directly or indirectly is involved in the educational process

of students in the school, shall be responsible to ensure the

maintenance of good behaviour by the students and for the keeping of

positive discipline in the school.

(2) The Minister may, from time to time, make such regulations

or issue such policies or directives as he considers appropriate,

including a code of discipline, to ensure that good behaviour and

discipline is maintained in State Schools. Such regulations, policies or

directives may also make provision 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 implementation by schools of the code of

discipline, and for any other matter ancillary thereto as may be

required.

(3) Subject to the provisions of this Act or of any other law, the

regulations and the code of discipline mentioned in sub-article (2)

shall include provisions about the conduct and the discipline required

from educators, other school staff, parents and visitors to a school.

(4) In line with applicable policies and codes of behaviour a

student may be kept in detention.

(5) Where a student’s behaviour is violent or aggressive and

endangers his own safety or that of another student or a person

working at the school, a teacher or other person working in the school,

the school may take such measures which are reasonable,

proportionate and necessary in the circumstances to avert such danger

in accordance with applicable policies and codes of behaviour. The

Division shall endeavour to provide the school staff with the relevant

training for this purpose.

(1) The Minister may make regulations, issue policies

and give directives, as he deems appropriate, to reach out to all

children entitled to attend school, including for the establishment of

alternative learning programmes, educational spaces, nurture groups

and learning support zones in the school and of learning support

centres and resource centres outside the school, for the transfer of

students from the class and the school to these zones and centres, and

for any other matter ancillary thereto as may be required.

(2) The Minister may make regulations, issue policies and give

directives as may in his opinion be required to provide students with

additional support needs, including the multi-disciplinary assessment

of their condition, the process of statementing, the formulating and the

application of an individual educational programme, accessible

assessment, tests and examinations of concerned students, the

programmes in resource centres, the application of therapies and, 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 ancillary thereto as may be required.

(1) The State shall make provision for the education and Teaching of the

teaching of the catholic religion in State schools for those students catholic

and of

whose parents have chosen to instruct the children in such religion and philosophy

life and ethics in

to establish the curriculum for the education and teaching of this State schools.

religion in those schools according to the dispositions in this regard of

the Bishops in Ordinary of these Islands.

(2) The State shall make provision for the education and

teaching of philosophy of life and ethics for those students whose

parents have chosen not to instruct their children in the catholic

religion.

PART V

Home Education

It shall be lawful for a parent of a minor of compulsory Home

school age to apply to the Division of Education to provide home education.

education to the minor

Provided that the application for home education is not

made on racist or similar grounds, or for reasons which the Division

does not consider to be proper taking into account the circumstances;

and in any of the above cases, home education is considered to be in

the best interest of the minor taking into account the circumstances

and situation of the minor and his family.

(1) Where the Division is of the opinion that the Authorisation

necessary conditions for the provision of home education to a minor for

education.

have been satisfied, it shall authorise the parent of the minor to provide

home education to the minor at the parent’s expense and subject to the

following conditions -

(a)

the minor must have a social experience equivalent

to that provided in schools;

(b) the minor is afforded the same experience and

facilities as those in schools;

(c)

minors must follow an accredited programme as

approved by the Division and such conditions set by the Division

as it may deem appropriate in the best interests of the minor.

(2) A parent who causes his minor child to follow a home

education programme in accordance with all the conditions imposed

by the Division shall be deemed to have satisfied his obligations under

article 6.

The Minister may, after consultation with the Division,

make regulations

(a)

to provide generally for the regulation of home

education;

(b) to make provisions for the granting of authorisation

to provide home education programmes;

(c)

to establish criteria on the qualification and

authorisation of home educators and for the withdrawal of such

authorisation;

(d)

for the accreditation of home education programmes;

(e)

to establish penalties for breach of the provisions of

this Part or any regulations made in terms of this article;

(f)

to establish for fees to be paid by applicants in

respect of any applications made under this Part or any

regulations made in terms of this article;

(g) for any incidental and supplementary matter which

the Minister considers expedient to provide for, for the effective

implementation of this Part; and

(h) to provide for any matter which is not inconsistent

with the provisions of this Act and to give better effect to any of

such provisions.

PART VI

Educational Entities

Without prejudice to the provisions of this Act or of any

other law, the Prime Minister may by Order in the Gazette establish

other entities, including those agencies, divisions, 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 as 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) Subject to the provisions of the Constitution and of Staff

any other enactment applicable hereto, including this Act, any entity, appointments.

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 Status of public

made with the concurrence of the Minister, from time to time direct officers

for duty with an

that any public officer be detailed for duty with an entity in such entity.

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 sub-article

(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 the said entity

under the provisions of article 51 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 sub-article (1), 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 Cap. 58.

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 Cap. 93.

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.

(i) The classification referred to in paragraph (a)

shall be 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

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.

(ii) Such classification shall take place within

three (3) months of any adjustment of salaries of employees

in Government service and, or of employees of an entity.

(b) 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.

(c)

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 Cap. 93.

favourable than those to which he would have been entitled prior to

such classification.

(1) The entity may levy all fees, rates and other payments

prescribed in its protocols or deemed to be prescribed by or under this

Act and, or regulations thereunder, or any other law related to the

powers and functions of the entity.

(2) The entity shall be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet the costs of specified works to be

continued and for the day to day running of the entity.

(1) The entity shall cause to be prepared in every

financial year, and shall not later than six (6) weeks after the end of

each such year adopt, estimates of the income and expenditure of the

entity for the next following financial year.

(2) In the preparation of such estimates the entity shall take

account of any funds and other moneys 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 of 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 comparisons 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.

(5) The Minister shall, at the earliest opportunity and not later

than six (6) weeks after he has received a copy of the estimates from

the entity (or if at any time during that period the House is not in

session within six (6) weeks from the beginning of the next following

session), cause such estimates to be laid before the House together

with a motion that the House approves the said estimates.

(1) The entity shall cause to be kept proper books of

account and other records in respect of the entity’s operations and shall

cause to be prepared a statement of accounts in respect of each

financial year according to set accounting standards.

(2) The accounts of the entity shall be audited by an auditor or

auditors to be appointed by it and approved by the Minister, after

consultation with the Minister responsible for finance

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts of

the entity to be audited or examined by the Auditor General.

(1) Not later than three (3) months following the end of Transmission of

each financial year, the entity shall cause a copy of its financial financial

statements to

statements duly audited to be transmitted to the Minister and to the Minister.

Minister responsible for finance together with a copy of any report

made by the auditor or auditors on these statements or on the accounts

of the entity.

(2) The Minister shall, as soon as practicable, cause a copy of

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

Representatives.

(1) All monies received by the entity shall be paid into a Deposit of

bank or banks appointed as bankers of the entity by a resolution of the revenues

payments by the

entity. Such monies shall, as far as practicable, be paid into any such entity.

banks from day to day, except 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 to be fixed by the entity, shall be

made by such officer or officers of the entity as it 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 the Chairperson, or such other member or officer of

the entity as may be authorised by the entity for that purpose.

(4) The 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

(d) 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.

PART VII

Offences and Penalties

(1) No person may employ a minor of compulsory

school age or otherwise bound to regularly attend school under the

provisions of this Act without the written permission of the Division

of Education.

(2) The Division may give its permission under sub-article (1)

when, having made the necessary investigations, it is of the opinion

that there are sufficient reasons to justify the exemption provided that

the employment of the minor would not be of harm to the health or

normal development of that minor.

(3) When giving its permission in accordance with sub-article

(2), the Division may impose such conditions requiring the minor to

attend such alternative educational or training programmes as may be

prescribed, and any such permission shall be considered immediately

withdrawn if any of the conditions imposed in such permission are not

observed.

(4) The Division referred to in this article may approve work

experience and training programmes which, when so approved, shall

not be deemed to constitute employment for the purposes of this

article.

(1)

Any parent of a minor who -

(a)

fails to register that minor in a State school or in a

licensed school under this Act for the first scholastic year

starting when he is of compulsory school age or fails to ensure

that the minor is so registered at all times for every scholastic

year during the whole period that the minor is of compulsory

school age or fails to cause that minor to continue to be so

registered up to the end of the scholastic year during which the

minor ceases to be of compulsory school age or up to the end of

such further period as the Minister may by regulations prescribe;

or

(b) fails to ensure, without a good and sufficient cause,

that the minor attends school regularly on each scholastic day

during such period that the minor is of compulsory school age

and up to the end of the scholastic year during which the minor

ceases to be of compulsory school age and up to the end of such

further period as the Minister may by regulations prescribe; or

(c)

fails to abide by a decision of the Board,

shall be guilty of an offence and shall, on conviction, be liable to the

punishments established for contraventions and to a fine (multa) not

exceeding one hundred euro (€100) for each day during which the

offence continues in the case of a continuing offence

Provided that no criminal proceedings for an offence under

paragraph (b) shall be taken unless the parent, within three (3) days

from the date he receives a notice from the Division of Education

requesting him to explain the absence of the minor from school, fails

to give a good and sufficient explanation.

(2) Any person who after being summoned to appear before the

Commissioner for Justice fails, without reasonable justification, to do

so on any occasion when he is to so appear, or who fails without

reasonable justification to comply with an order issued to him by the

Commissioner for Justice or by the Board shall be guilty of an offence

against this Act and shall be liable on conviction by the Court of

Magistrates to a fine (multa) of between one hundred euro (€100) and

five hundred euro (€500) or to imprisonment for a period of three (3)

months or to both such fine and imprisonment

Provided that the Court of Magistrates may also issue any

other order it may deem appropriate.

Any person who contravenes the provisions of article 58 Offences in

shall be guilty of an offence and shall, on conviction, be liable to the relation

employment of

punishments established for contraventions and to a fine (multa) not a minor.

exceeding one hundred euro (€100) for each day of employment of the

minor.

(1) Any person who establishes or runs a school without Offences in

a licence from the Division shall be guilty of an offence and shall, on relation

running of a

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

licence.

(€100) for each day during which the offence continues in the case of a

continuing offence.

(2) Any person in possession of a licence to establish and run a

school and who does not ensure that he conforms at all times with all

the national minimum conditions and any condition set up by the

Division as may be applicable shall be guilty of an offence and shall,

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

euro (€100) for each day during which the offence continues in the

case of a continuing offence.

(3) In the case of a second or subsequent conviction for an

offence committed by any other person against the provisions of sub-

article (1), the court may authorise the Division at its request, to take

possession of the premises opened or kept as a school without a

licence and this for such time as the court may deem necessary to

prevent that person from committing a further offence against the

provisions of that sub-article.

(1) Any person who provides home education without a

licence from the Division shall be guilty of an offence and shall, on

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

(€100) for each day during which the offence continues in the case of a

continuing offence.

(2) Any person in possession of a licence to provide home

education and who does not ensure conformity at all times with all the

conditions imposed by the Division, as they may be applicable, shall

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

(multa) not exceeding one hundred euro (€100) for each day during

which the offence continues in the case of a continuing offence.

Whosoever shall threaten or cause a bodily harm to any

educator, teacher or to any other official or employee of a school or to

any other person involved in the organisation of an educational,

cultural, social or sports activity for minors on the premises of a school

or during such an activity or whenever such educator, official or

employee is on duty outside school premises, or within the parameter

of one kilometre from the school premises, shall, on conviction, be

liable to the punishment established for the threat or bodily harm when

not accompanied with the circumstances mentioned in article 95 of the

Criminal Code increased by two degrees and to a fine (multa) of not

less than eight hundred euro (€800) and not more than five thousand

euro (€5,000).

PART VIII

Miscellaneous

(1) There shall be a Board to be known as the Board for

Educational Matters with the functions and duties set out in article 8

and any such further function as the Minister may assign to it by

regulations made under this Act.

(2) The Board shall be appointed by the Minister and it shall be

composed of five (5) members. The Board shall be chaired by a

chairperson who, in the opinion of the Minister, has adequate

knowledge on matters related to the education of children, and who

shall be a person who has the necessary experience to be appointed a

magistrate. The members of the Board shall include a parent

representative, an educator, a professional from the psycho-social field

and an expert in the specific field of inclusive education.

(3) The Board shall be constituted after the Minister would

have sought the agreement of the Commission for the Rights of

Persons with Disability as to ensuring that it includes the disability

perspective required in terms of the United Nations Convention on the

Rights of Persons with Disabilities.

(4) The members of the Board shall be appointed for three (3)

years but when such term expires they may be reappointed.

(5) Any member of the Board may be removed from office by

the Minister on grounds of inability to perform the functions of the

office, professional misconduct or misbehaviour.

(6) Subject to the provisions of this Part and to any regulations

made hereunder, the Board shall regulate its own procedure.

(7) The Board shall appoint experts as, in its opinion, may be

required in particular cases.

(8) Any decision of the Board shall be taken by a majority of

votes; however in the case of an equality of votes, the Chairperson

shall have a casting vote.

(9) Decisions of the Board shall be in writing and shall be

communicated to all involved parties.

(10) The Minister shall designate an officer of the Division to

act as Secretary to the Board. The Secretary to the Board shall have no

vote.

(11) There shall be no need of legal assistance to appear before

the Board and the Board shall operate in such a manner as not to make

legal assistance necessary.

(12) Where the Division or the parent of a minor feels aggrieved

by the decision of the Board an appeal may be lodged to the

Administrative Review Tribunal within twenty-one (21) days of the

decision given by the Board in accordance with the provisions of the

Administrative Justice Act and any applicable regulations made Cap. 490.

thereunder.

(13) Notwithstanding that an appeal has been instituted in

accordance with the provisions of sub-article (12), the decision of the

Board shall be executed pending the final decision of any appeal that

may be made from the decision of the Administrative Review

Tribunal.

The Minister shall appoint a Registrar of Examinations who Registrar of

Examinations.

shall be responsible for the conduct of

(a)

any examinations on behalf of providers of further or

higher education as may be requested by such providers;

(b) examinations on behalf of local or foreign providers

or examination bodies, as may be requested by them;

(c)

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 where in that partnership more than fifty per cent

(50%) of the capital or voting power is owned or controlled,

directly or indirectly, by the State; and

(d)

any other examinations as may be requested by the

Minister.

(1) There shall be a board, to be known as the Board of

Public Local Examinations, hereinafter in this article referred to as

"the Board", which shall be responsible for local public examinations

and which shall be composed of five (5) members appointed by the

Minister for a period of one (1) year, which may be renewed. The

Registrar for Examinations shall be a non-voting member on the

Board. The Minister shall appoint from amongst the members a

chairperson. The Board of Public Local Examinations shall be

governed by its own regulations.

(2) The Board shall, in particular

(a)

approve the departmental or government notice and

the timetable of the examination before such publication;

(b) ensure that examinations are conducted in suitable

premises and under the conditions established by the Board;

(c)

deal with cases of breach of examination regulations

and, or discipline;

(d) approve any access arrangements upon request of the

person sitting for the examination;

(e)

approve the Panel of Examiners in the case of written

examinations and interviews;

(f)

approve the administrators in the case of officially

recognised online tests;

(g) scrutinise and sign examination results before their

publication; and

(h) ensure that a fair and transparent process for a

revision of paper is in place.

(3) The Board shall have the right to carry out any such

inspections as it may deem fit during any stage of the examination

process.

(4) The Board shall guide and provide support to the Registrar

of Examinations during any stage of the examination process as

deemed necessary.

(1) In State schools and public providers of further or Teaching in

higher education all teaching shall be given to Maltese citizens State

and public

without any fee being charged. So as to ensure the full exercise of providers

further or higher

choice of school by parents, the State shall, through agreements of education.

subsidy of non-State schools, when such are of a non profit-making

character, in accordance with the availability of public funds, provide

gradually for the same gratuity of teaching in such schools as is

afforded to students in State schools.

(2) The Minister may by regulations prescribe the fees to be

charged for examinations and special courses and the fees to be paid

by students who are not Maltese citizens

Provided that the Minister may exempt any person from the

payment of those fees

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.

(3) The Minister may by regulations determine rates of

stipends payable to students who continue with their education after

having completed their secondary education and may impose

conditions for the payment of such stipends.

(4) The Minister may by regulations order that no fees shall be

charged for the teaching of Maltese citizens in schools other than State

schools and of a non profit-making character provided that in such a

case the Minister shall before making such an order ensure that the

schools to which the order applies shall be in a position to continue to

provide their services and shall supplement from public funds the

financial means of those schools where, following investigations

conducted together with those schools, such necessity arises.

For the purposes of the Criminal Code and of any provision

relating to a criminal offence, the members of the Divisions, any

Board, Directorate, College, Committee, Commission, Council and

any officer or employee of any entity, shall be considered and be

treated as public officers.

(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 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 the 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.

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 for anything 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, to 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 Directors

General, and to each Director, Head of College Network, Head

of School, officer or employee of any entity, as duly authorised

by the Directors General, or by a Head of College Network, 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 conditions for the granting, refusal, suspension

or revocation of a licence, 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 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;

(h) 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 assure

quality, including internal quality assurance and external

auditing processes, in institutions, schools and educational

entities;

(i)

to provide for any form or procedure which may be

required or expedient and about which there would be no

specific procedure in this Act;

(j)

to establish rules by means of which the Government

may give effect to international conventions relating to education

and which have 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;

(k) 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;

(l)

to afford, subject also to the provisions of any other

law, to a person aggrieved by the decision of any entity, 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;

(m) to regulate the meetings of any entity, board, or

committee, including procedures relating to a quorum, taking

decisions by means of voting, keeping of minutes and any other

matter ancillary thereto;

(n) to provide for 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;

(o) to establish anything which is due to be or may be

established under this Act and to provide for any other matter as

may be deemed to be appropriate;

(p) 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;

and

(q) to provide for any matter relating to the teaching of

English as a foreign language.

(1) On the coming into force of this Act, the Minister Repeal of the

responsible for education may, by notice or notices in the Gazette, Education

establish the date of the repeal of the Education Act

Provided that the Minister responsible for education may by

such notice or notices in the Gazette establish different dates for the

repeal of different provisions and for different purposes of the Cap. 327.

Education Act.

(2) Upon the coming into force of this Act, the words and

phrases referred to in the third column of Second Schedule, which

words and phrases occur in the provisions specified in the second

column of the said Schedule, which provisions are to be found in the

enactments referred to in the first column of the said Schedule, shall be

amended in accordance with the amendments referred to in the fourth

column of the said Schedule.

(3) Upon the coming into force of this Act, the subsidiary

legislation listed in the first column of the Third Schedule shall be

deemed to have been made under the corresponding provisions of this

Act, and shall be re-numbered accordingly as specified in the third

column of the said Schedule.