ACT No. XXX of 2019 AN ACT to regulate the professions in Education.

I assent.

(L.S.)

GEORGE VELLA

President

26th November, 2019

ACT No. XXX of 2019

AN ACT to regulate the professions in Education.

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

consent of the House of Representatives, in this present Parliament

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

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

commencement.

Professions Act, 2019.

(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.

(Article 25(1))

Consequential amendments to other legislation

PHRASE THAT IS TO

LEGISLATION

PROVISION

AMENDMENT

BE AMENDED

Conditions of Entry regulation 20

" b y v i r t u e o f t h e "by virtue of the Teaching

and Residence of

Education Act"

and Allied Professions

Third-Country

Act"

Nationals for the

of marginal note

i n "Cap. 327."

"Cap. 606"

Purposes

Research, Studies, regulation 20

Tra i n i n g

and

Voluntary Service

in the Mobility

Project for Young

People: Voluntary

Projects

Regulations - S.L.

217.22

Teachers (Code of regulation 2

"for the purposes of "for the purposes of

Ethics and Practice)

articles 31, 39 and 40 of articles 7 and 23 of the

Regulations - S.L.

the Education Act"

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

327.02

Professions Act"

S c h o o l C o u n c i l regulation 2

-

Regulation is to be

Regulations - S.L.

revoked

327.43

marginal note

i n "Cap. 327."

Remove

regulation 2

regulation 3

-

Regulation is to be

revoked

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

Remove

regulation 3

Second Schedule, "each

year

a s "each year"

paragraph 2.4

contemplated in article

24(c) of the Education

Act"

In this Act unless the contents otherwise requires

Interpretation.

"adaptation period" means a period during which a person may

exercise the work of an educator in Malta under supervision in a

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

which period may include the provision of such further training to

such person, as may be required by the Council;

"allied professions", for the purposes of this Act, means

kindergarten educators and learning support educators in possession of

a warrant, or a licence or a temporary licence;

"Council" means the Council for the Teaching and Allied

Professions established by article 3;

"ECTS" means the European Credit Transfer System;

"ECVET" means the European Credits in Vocational Education

and Training;

"educator", for the purposes of this Act, means a person in

possession of a teachers’ or a kindergarten educator or a learning

support educator warrant; or a temporary teachers’ or a kindergarten

educator or a learning support educator warrant; or a temporary

specialised licence or kindergarten educator or learning support

educator licence; or a temporary kindergarten educator or a temporary

learning support licence, as the case may be;

"electoral commission" means the commission established by

article 4(1)(n);

"kindergarten educator", for the purposes of this Act, means any

person responsible for the education and care of children from three

(3) to five (5) years of age;

"learning support educator", for the purposes of this Act, means

any person providing direct and timely assistance to students with

individual needs in classrooms and their teachers;

"licence" means a licence issued under the provisions of articles

13 and 14;

"licenced school" means a school licenced under the provisions

under the Education Act, 2019;

"Malta Qualifications Framework" shall have the same meaning

as that given to it in the Malta Qualifications Framework for Lifelong

Learning Regulations;

"Minister" means the Minister responsible for education in

Malta;

"prescribe" means prescribe by regulations made under this Act;

"professional and ethical standards" includes standards relating

to the general conduct of an educator, including the behaviour of such

member towards his students, during or consequential to the exercise

of his job, and behaviour of such member towards other educators and

towards society;

"qualification" means the attainment of a level of knowledge and

skill that makes a person suitable to do a particular employment or

activity and must meet the conditions of the Malta Qualifications

Framework, or of international qualification structures recognised by

the industry;

"teacher" means a person trained in the science of the

educational process and in the use of the pedagogical skills in such

manner that such person has the skill to create an environment which

motivates every student and succeeds to teach such student effectively

by motivating his aspirations for the highest values in life and help

him develop creative and thinking skills according to his age, his

physical, moral, social, emotional and intellectual development and

according to the potential of his skills and talents with the final aim

that the student is trained to become a life long learner

Provided that, for the purposes of this Act, and insofar as

not otherwise provided in any other law, "teacher" does not include a

kindergarten or learning support educator, a teacher in a school

teaching a language as a foreign language, or any person who renders

a teaching service in cultural, sport and religious sectors, insofar as

this teaching is not being imparted as an integral part of compulsory

education in terms of the curriculum in a licensed school

Provided further that a teacher in possession of a Degree of

Bachelor of Education in Early Childhood and Care teaching at

kindergarten level shall be considered as a teacher for all intents and

purposes of the law;

"temporary licence" means a temporary licence issued under

article 15;

"temporary warrant" means a temporary warrant issued under

article 15;

"to practise", in relation to the profession of an educator,

includes the taking up or pursuit of the work of a teacher, kindergarten

educator or learning support educator, as the case may be, in Malta, at

compulsory education or at kindergarten level as bound by the

curriculum or by any other programme approved by the Minister in a

licensed school.

(Article 25(2))

Subsidiary Legislation deemed to have been made under this Act

CURRENT

NEW RE-NUMBERING

SUBSIDIARY LEGISLATION

NUMBERING

TO BE GIVEN

Teachers (Code of Ethics and Practice)

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

€2.34

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

for the Teaching and Allied Professions, which shall be composed of Teaching

Allied

the following members

Professions.

(a)

a President, to be appointed by the Minister, who has

served, or who has the qualifications to serve, as a magistrate or

as a judge;

(b) four (4) registered educators who have practised the

profession of teacher for not less than eight (8) years, appointed

by the Minister, two (2) of whom shall represent the State school

sector and will be chosen in respect of one (1) of them from

among the officials of the Commission and the other from

among the officials of the Division of Education established

under the Education Act, 2019;

(c)

four (4) practising registered teachers who have been

practising the profession of teacher for not less than eight (8)

years, elected by and from among all registered teachers,

provided that two (2) of whom shall be teaching at the primary

level and the other two (2) at the secondary and, or middle level

of education, and in either case one (1) shall be teaching in the

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

and for the purposes of this paragraph the voting for the election

of these members shall be according to those procedures as may

be prescribed;

(d) two (2) registered educators from among registered

educators who have practised as educators for not less than eight

(8) years, nominated by the trade union representing the majority

of educators;

(e)

one (1) practising kindergarten educator who has

practised this profession for not less than eight (8) years, elected

by and from among all registered kindergarten educators,

provided that, for the purposes of this paragraph, the voting for

the election of such member shall be according to those

procedures as may be prescribed

Provided that in relation to the first appointment,

"kindergarten educator" means any person who is qualified to be

so registered under this Act;

(f)

one (1) practising learning support educator who has

practised the work of a learning support educator for not less

than eight (8) years, elected by and from among all registered

learning support educators and, for the purposes of this

paragraph, the voting for the election of such member shall be

according to those procedures as may be prescribed

Provided that in relation to the first appointment,

"learning support educator" means any person who is qualified

to be so registered under this Act;

(g) two (2) members nominated by the University of

Malta from among the permanent academic staff of the Faculty

of Education;

(h) one (1) member nominated by the Malta College for

Arts, Science and Technology from among the permanent

academic staff of the College having responsibility for

educational matters;

(i)

one (1) member nominated by the Institute for

Education; and

(j)

a parent nominated by the parents’ associations.

(2) The nominations made in terms of sub-article (1) shall, for

the first time, be made within two (2) weeks from a request in writing

made therefor by the Minister, and for any subsequent nomination,

within one (1) month from the occurrence of any vacancy or, when the

vacancy arises due to the expiry of the term of office, within one(1)

month prior to the said expiry. In the absence of any such nomination,

the Minister shall make the appointment from among teachers or

parents, as the case may be.

(3) On the occurrence of any vacancy of a member elected in

accordance with sub-article (1)(c), (e) and (f), where possible, the

Minister shall appoint the person who was the runner-up in the

elections previously held for such purpose, and any person who is so

appointed shall keep on occupying such post up to the termination of

the term of office of the person being so substituted.

(4) The members of the Council shall hold office for a term of

three (3) years.

(5) The members of the Council shall, on the expiration of their

term of office, be eligible to be re-appointed.

(6) In the event that any Council member vacates his office

before completing the appointed term, the person appointed in his

stead shall be appointed for the remaining period of the original

appointment.

(7) The Minister shall designate a public officer to act as

secretary to the Council, but such secretary shall not have a vote.

(1) It shall be the function of the Council to regulate the Functions of the

Council.

profession of educators in Malta, and in particular to

(a)

keep under review and assess education and training

standards and on the fitness to educate of each person who

chooses to practice a profession in education;

(b) advise the Minister in relation to the standards,

proficiency, experience and qualifications required for the

holding and retaining of a warrant or licence under this Act;

(c)

consider applications for comparability

and

recognition of qualifications in education;

(d) examine applications for a warrant to practise the

teaching profession and decide on the award or refusal thereof;

(e)

examine applications for a warrant or licence to

practise the profession of a kindergarten educator or learning

support educator and decide on the award or refusal thereof;

(f)

keep an official register of all registered teachers and

another register of those holding a temporary warrant, and

another register of those holding a temporary specialised licence,

and record therein any suspension, cancellation and

reinstatement of a warrant or of a temporary warrant or of a

temporary specialised licence;

(g) keep an official register of all registered kindergarten

educators and another register of those holding a temporary

licence or a temporary warrant, and record therein any

suspension, cancellation and reinstatement of a warrant or of a

licence or of a temporary licence or of a temporary warrant;

(h) keep an official register of all registered learning

support educators and another register of those holding a

temporary licence or a temporary warrant, and record therein any

suspension, cancellation and reinstatement of a warrant or of a

licence or of a temporary licence or of a temporary warrant;

(i)

keep an official register of all persons conducting

practical sessions in the process of obtaining the necessary

qualification as teachers, kindergarten educators or learning

support educators;

(j)

make recommendations to the Minister, following

consultation with interested stakeholders under the provisions of

this Act, on the code of professional standards and ethics that

may be prescribed for the professional behaviour of educators;

(k) inquire into any formal allegation of professional

misconduct, gross negligence or incompetence by a warranted

and, or licensed educator;

(l)

advise the Minister on any matter on which the

opinion of the Council is sought by the Minister;

(m) draw up and publish an annual report concerning its

activities in general;

(n) establish an electoral commission to organise and

administer the elections referred to in article 3(1);

(o) perform such other functions as may arise from this

Act or any other law, or as may be assigned to it by the Minister.

(2) The Council shall, not later than three (3) months after the

end of each year, publish in the Gazette a list of persons who on the

31st December of the said year, were registered for the first time in the

registers referred to in sub-article (1)(f), (g), (h) and (i).

(3) The Council shall, in the performance of its functions, keep

in consideration the public interest.

(1) The meetings of the Council shall be summoned by Proceedings of

the President and the Council shall meet as often as may be necessary, the Council.

but at least once every month.

(2) The number of members present necessary to constitute a

quorum at the meetings of the Council shall be half the members plus

one, but, subject to the presence of a quorum, the Council may act

notwithstanding any vacancy among its members.

(3) The President of the Council shall have both an original

vote and, in the case of a tie, a casting vote.

(4) Without prejudice to the aforesaid and to what may be

prescribed, the Council may make its own rules and otherwise regulate

its own procedures.

(5) In the exercise of its functions under this Act, the Council

may consult with such persons as it may deem appropriate; for such

purpose, the Council may invite any such person to attend meetings of

the Council.

(6) The Council shall keep a true and correct record of all its

proceedings and the Council shall give to the Minister such

information as he may require.

(1) The Council shall consider and take decisions on an

application for a warrant or for a licence, as the case may be, to

practise the teaching profession or the profession of kindergarten

educator or learning support educator, as the case may be, as soon as is

reasonably practicable, but not later than four (4) months from the

receipt of a complete application which includes the necessary

documentation; the Council shall notify the applicant of its decision,

together with the reasons upon which the decision was based.

(2) Decisions of the Council on an application for a warrant or

licence in accordance with sub-article (1) shall be signed by the

President of the Council.

(1) The Council shall set up boards of inquiry to inquire

into cases of any formal alleged professional misconduct, gross

negligence or incompetence in relation to any warranted and, or

licensed educator.

(2) Any board of inquiry so set up shall be composed of the

President of the Council and at least four (4) other members of the

Council.

(3) For the purposes of this article, the terms "professional

misconduct", "gross negligence", or "incompetence", shall include but

shall not be limited to any of the following

(a)

contravention against the Code of Ethics established

under this Act;

(b) failure to comply with or breach of any regulations

and, or legislation, which breach, in the opinion of the Council,

may impact professional standards or practice;

(c)

acting in a manner which may be detrimental to the

education profession;

(d) displaying lack of skill in the practice of a profession

in education or in carrying out of a duty or obligation undertaken

in the practice of his profession.

(4) Any person who is the subject of any inquiry carried out by

the board of inquiry shall be given the opportunity to make his defence

and bring any evidence in his favour and for such purpose he may be

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

(5) On finalising the inquiry, the board of inquiry shall

(a)

if it finds in favour of the person subject to the

inquiry, dismiss the case; or

(b) if it finds the person subject to inquiry guilty of the

formal alleged professional misconduct, gross negligence or

incompetence, make a report of its findings and reasons and

submit it to the Council together with its recommendations for

the imposition of any of the following penalties

(i) suspension or cancellation of the warrant or

licence subject to such conditions as may be appropriate;

(ii) imposition of conditions to be attached to a

warrant or licence;

(iii) order the waiver, reduction or refund of any

sums claimed for any services rendered.

(6) The board of inquiry shall give reasons for its decision.

(7) (a)

After having considered the recommendations and

findings of the board of inquiry, the Council shall take a decision on

the matter which was the subject of the inquiry. Such decision shall

have the support of at least ten (10) of the Council’s members.

(b) The decision of the Council shall be notified to the

person who was the subject of the inquiry. A decision whereby a

warrant or licence is suspended or cancelled shall also be notified, as

the case may be, to the employer and the Head of School.

(8) Upon a final decision ordering the cancellation of a warrant

or licence, the Council shall strike off the name of such person from

the official register of teachers, kindergarten educators or learning

support educators, as the case may be, and shall publish this decision

on the Gazette.

(9) For the purposes of this article, the members of the board of

inquiry shall have the powers that are or may be conferred under the

Inquiries Act, and shall conduct their inquiry as provided for in the Cap. 273.

said Act.

(1) Any person who feels aggrieved by the decision of Appeals.

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

licence, or where no decision has been notified to the applicant within

the time established in article 6, or by any decision of the Council in

cases of any alleged professional misconduct, gross negligence or

incompetence, may, within twenty (20) days of the notification of the

decision, appeal to the Administrative Review Tribunal in accordance

with the provisions of the Administrative Justice Act and any Cap. 490.

applicable regulations made thereunder.

(2) Notwithstanding that an appeal has been instituted in

accordance with the provisions of this article, the warrant or licence

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

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

decision of the Administrative Review Tribunal in accordance with the

provisions of the Administrative Justice Act or any applicable

regulations made thereunder.

(3) (a)

Without prejudice to the provisions of sub-article (2)

and to any other provision of this or any other law, the Administrative

Review Tribunal may, on application, order that the suspension or

cancellation of the warrant or licence be revoked pending the final

decision of any appeal.

(b) Where the Administrative Review Tribunal has

ordered the revocation of the suspension or cancellation pending the

final decision of the appeal, it may order such suspension or

cancellation to be re-imposed in its final decision.

(1) When the Council is formally notified of any case

where any person practises or assumes a professional competence for

which the person is not authorised under the provisions of this Act, the

Council shall refer the matter to the Police for prosecution of the

offence in terms of article 18(2), (3) and (4).

(2) When the Council is aware of any case where any person

obtained a warrant or licence in a deceitful or fraudulent manner, the

Council shall refer the matter to the Police for prosecution of the

offence in terms of article 18(1).

The Council may, from amongst its members, set up any

working groups which it considers necessary or appropriate to

facilitate the performance of its functions under this Act.

(1) Subject to the provisions of this Act, no person shall

exercise the teaching profession against remuneration or hold himself

to be professionally qualified to do so unless such person is the holder

of a warrant or a specialised licence issued under this Act.

(2) A person shall not qualify for a teachers’ warrant unless

such person

(a)

is a Maltese citizen, or is otherwise permitted to

work in Malta under any law; and

(b)

is of good conduct; and

(c)

has full legal capacity; and

(d) is not enlisted in the Register established under the

Protection of Minors (Registration) Act; and

(e)

is in possession of a qualification at a minimum of

level 6 of the Malta Qualifications Framework comprising of a

minimum of at least 180 ECTS; and

(f)

is in possession of a qualification in education at a

minimum of level 7 of the Malta Qualifications Framework

comprising of a minimum of 120 ECTS which must include

(i) competences in educational theory and in the

methodology in one or more subject areas of study

available in middle, secondary and post-secondary schools

or in the methodology of subjects offered in primary and, or

early childhood educational settings; and

(ii) a minimum of an aggregate period of thirteen

(13) weeks, or the same equivalent in the number of

working days, of supervised field placement in a licensed

school; and

(iii) a further research component, adequately

supervised and carried out according to established research

ethics’ procedures, which includes a dissertation, research

project or research component/s of equivalent Malta

Qualifications Framework standard to which not less than

15 ECTS are assigned

Provided that a person proving three (3) years

teaching experience in a licensed school and who is in

possession of a qualification in education at a minimum of level

7 of the Malta Qualifications Framework comprising of a

minimum of 90 ECTS shall be deemed to satisfy the

requirements of this paragraph; and

(g) satisfies the Council that he has received adequate

experience in the practice of the teaching profession under

supervision in a school or provider of further education as

licensed by the relevant authority, or in any other manner as the

Council may decide, for an aggregate period of at least two (2)

scholastic years full-time or its equivalent in part-time following

the completion of such degree or such other professional

qualification as above-mentioned, and for the purposes of this

paragraph the practice by such teacher of the profession to

acquire the above-mentioned experience shall be deemed to be

practice in accordance with this Act.

(3) The Minister may prescribe, instead of any of the

requirements established under the foregoing provisions of this article,

other requirements in terms of any international or multinational treaty

or agreement entered into by Malta or with the provisions of any

legislation the binding force of which derives from any such treaty or

agreement or any agreement entered into with the trade union

representing the majority of educators.

(4) Without prejudice to any provision of the Mutual

Recognition of Qualifications Act, or regulations made thereunder,

where the professional qualification in education is below the level

prescribed under sub-article (2)(e) or (f), or when the components of

the qualification are less than those required by the said sub-article

(2)(e) or (f), or where the applicant does not have sufficient

experience in the practice of the teaching profession as required by

sub-article (2)(g), the Council shall not be precluded from imposing

compensatory measures in accordance with the Recognition of

Professional Qualifications Regulations, where applicable

Provided that where the Recognition of Professional

Qualifications Regulations do not apply, the Council may require the

applicant to undertake a period of adaptation and may also submit the

applicant to a proficiency test and, or to a teaching practice period of

not less than six (6) weeks.

(1) Notwithstanding anything contained in the

provisions of this Act, where a person is not in possession of the

qualifications required to be awarded a warrant to practice the

teaching profession in terms of article 11, the Council may

nevertheless grant a temporary specialised licence authorising such

person to teach in the specific area for which the temporary specialised

licence was granted.

(2) Temporary specialised licences shall only be issued in cases

where, in the opinion of the Council, there is a need for the issue of

such licences; and to persons who, in the discretion of the Council, are

in possession of suitable qualifications to teach in the specific area for

which the temporary specialised licence is granted.

(3) Temporary specialised licences shall have a validity of one

(1) year, and they may be renewed.

(1) Subject to the provisions of this Act, no person shall

exercise the profession of kindergarten educator against remuneration

or hold himself to be professionally qualified to do so unless such

person is the holder of a warrant or licence issued under this Act.

(2) A person shall not qualify for a kindergarten educator

warrant unless such person -

(a)

is a Maltese citizen, or is otherwise permitted to

work in Malta under any law; and

(b)

is of good conduct; and

(c)

has full legal capacity; and

(d) is not enlisted in the Register established under the

Protection of Minors (Registration) Act; and

(e)

is in possession of a full qualification at level 6 or

higher of the Malta Qualifications Framework in early childhood

education and care, or a comparable qualification which must

include a teaching practice component and a pedagogical

component. The qualification must include

(i) a minimum of 180 ECTS/ECVETS or their

equivalent and the qualification must furthermore include a

training practice component having a value of at least 16

ECTS/ECVETS or their equivalent, with cohorts of

learners aged between the ages of three (3) and five (5)

years; and

(ii)

a kindergarten educator licence; or

(iii) in the case of kindergarten educators in

employment at the time of the coming into force of this Act,

a certificate from a head of school certifying that the

applicant has received adequate experience in the practice

of the profession of kindergarten educator for a period of

two (2) years; or

(iv) the person must satisfy the Council that he has

received adequate supervised experience as a kindergarten

educator in a licensed school for a period of at least two (2)

scholastic years.

(3) A person shall not qualify for a kindergarten educator

licence unless such person -

(a)

is a Maltese citizen, or is otherwise permitted to

work in Malta under any law; and

(b)

is of good conduct; and

(c)

has full legal capacity; and

(d) is not enlisted in the Register established under the

Protection of Minors (Registration) Act; and

(e)

is in possession of -

(i) a qualification in early childhood education

and care at a minimum of level 4 of the Malta

Qualifications Framework; and

(ii) in the case of kindergarten educators in

employment at the time of the coming into force of this Act,

a certificate from a head of school certifying that the

applicant has received adequate experience in the practice

of the profession of kindergarten educator for a period of

two (2) years; or

(iii) the person must satisfy the Council that he has

received adequate supervised experience as a kindergarten

educator in a licensed school for a period of at least two (2)

scholastic years.

(4) Without prejudice to any provision of the Mutual

Recognition of Qualifications Act, or any regulation as made

thereunder, where the qualification has a rating of less than level 6 or

level 5 of the Malta Qualifications Framework, as the case may be, or

when the pedagogical or teaching practice components are less than

those required by sub-articles (2)(e)(i) or (3)(e)(i), or where the

applicant does not have sufficient experience in the practice of the

profession as required by sub-articles (2)(e)(ii) or (3)(e)(ii), the

Council may require the applicant to undertake such adaptation, not

exceeding twice the shortfall as the Council may specify. In addition

the Council may also submit the applicant to a proficiency test.

(1) Subject to the provisions of this Act, no person shall

exercise the profession of learning support educator in a kindergarten

and, or compulsory school level against remuneration or hold himself

to be professionally qualified to do so unless such person is the holder

of a warrant or licence issued under this Act.

(2) A person shall not qualify for a learning support educator

warrant unless such person -

(a)

is a Maltese citizen, or is otherwise permitted to

work in Malta under any law; and

(b)

is of good conduct; and

(c)

has full legal capacity; and

(d) is not enlisted in the Register established under the

Protection of Minors (Registration) Act; and

(e)

is in possession of -

(i) a qualification in inclusive education at a

minimum of level 6 of the Malta Qualification Framework

which must include practice and academic components in

inclusive education. The qualification must include a

minimum of 180 ECTS/ECVETS or their equivalent; and

(ii)

a learning support educator licence; or

(iii) in the case of learning support educators in

employment at the time of the coming into force of this Act,

a certificate from a head of school certifying that the

applicant has received adequate experience in the practice

of the profession of learning support educator for a period

of two (2) years; or

(iv) the person must satisfy the Council that he has

received adequate supervised experience as a learning

support educator in a licensed school for a period of at least

two (2) scholastic years.

(3) A person shall not qualify for a learning support educator

licence unless such person -

(a)

is a Maltese citizen, or is otherwise permitted to

work in Malta under any law; and

(b)

is of good conduct; and

(c)

has full legal capacity; and

(d) is not enlisted in the Register established under the

Protection of Minors (Registration) Act; and

(e)

is in possession of

(i) a qualification in inclusive education at a

minimum of the Malta Qualification Framework level 4

which must include practice and academic components in

inclusive education. The qualification must include a

minimum of 16 ECTS/ECVETS or their equivalent, of

which a training practice component having a value of at

least 4 ECTS/ECVETS or their equivalent must be

included; and

(ii) a qualification in inclusive education at a

minimum of level 5 of the Malta Qualifications Framework

which must include a practice component and academic

components in inclusive education. The qualification must

include a minimum of 30 ECTS/ECVETS or their

equivalent of which, a training practice component having a

value of at least 8 ECTS/ECVETS or their equivalent must

be included; and

(f)

in addition to the qualifications referred to in

paragraph (e)

(i) in case of persons already employed as a

learning support educator at the time of coming into force

of this Act, the person must be in possession of a certificate

from a head of school certifying that the applicant has

received adequate experience in the practice of the

profession of learning support educator for a period of two

(2) years; or

(ii) the person must satisfy the Council that he has

received adequate supervised experience as a learning

support educator in a licensed school for a period of at least

two (2) scholastic years.

(4) Without prejudice to any provision of the Mutual

Recognition of Qualifications Act, or any regulations made

thereunder, where the qualification in inclusive education has a rating

of less than level 6 or level 5 of the Malta Qualifications Framework,

as the case may be, or when the pedagogical or teaching practice

components are less than those required by sub-articles (2)(e)(i) or

(3)(e)(i), or where the applicant does not have sufficient experience in

the practice of the profession as required by sub-articles (2)(e)(ii) or

(3)(f), the Council may require the applicant to undertake such

adaptation, not exceeding twice the shortfall as the Council may

specify. In addition the Council may also submit the applicant to a

proficiency test.

Notwithstanding anything contained in the provisions of

this Act, the Council may award a temporary warrant and, or a

temporary licence having a validity period as may be established by

the Council, that may be renewed to any person who, in the discretion

of the Council, has the necessary proficiency to practice as an educator

(1) Any person seeking to obtain a warrant or a Application for

temporary warrant or a temporary specialised licence or a licence or a a temporary

temporary licence in accordance with this Act, shall make an licence

licence and their

application to the Council, which application shall be accompanied by retention.

all information and relevant documents in support of the application,

including certificates issued by the competent authority about the

comparability of qualifications and certificates of their authenticity as

the Council may require

Provided that an application made under this article 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.

(2) The Council’s decision whereby a warrant or temporary

warrant or temporary specialised licence or a licence or a temporary

licence, as the case may be, is suspended or cancelled shall be notified

in writing to the warrant or licence holder, as the case may be, and to

all licensed schools.

(3) A person shall not be qualified to obtain or shall not retain a

warrant or temporary warrant or temporary specialised licence or a

licence or a temporary licence in terms of this Act if such person has

been convicted by any court of criminal jurisdiction of any crime

because of which such person may not, in the Council’s opinion, be fit

to practice as an educator.

(4) Where a person loses his warrant or temporary warrant or

temporary specialised licence or a licence or a temporary licence

following a conviction as is referred to in sub-article (3), notice of

such loss shall be given by the Council in the Gazette and shall be

communicated by the Council to the person disqualified, unless such

person has been interdicted by the judgement itself, and to all licensed

schools.

(1) The Council shall regularly draw the attention of Programmes of

registered educators to their obligation to periodically carry out continuous

professional

programmes of continuous professional development and of up-dating development

and of up-

necessary for the standards and the fitness to carry out their duties.

dating.

(2) The Council shall also periodically request registered

educators to provide it with the necessary information showing which

programmes they have followed.

(3) Whenever the case arises, the Council shall draw the

attention of registered educators of their failure to fulfil the obligations

as provided for in this article and shall give them a reasonable time to

comply therewith.

(4) When a registered educator continues to ignore the request

of the Council to follow programmes of continuous professional

development and of updating, the warrant or licence pertaining to the

warrant or licence holder may be suspended until such time as the

warrant or licence holder proves that he is fulfilling the requirements

of the obligation provided for in this article.

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

warrant or temporary warrant or temporary specialised licence or a

licence or a temporary licence under the provisions of this Act,

knowingly gives any false information or otherwise acts in a deceitful

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

conviction, have his warrant or temporary warrant or temporary

specialised licence or a licence or a temporary licence cancelled and

shall be liable to a fine (multa) not exceeding two thousand five

hundred euro (€2,500)

Provided that, upon the institution of such proceedings, the

Court may suspend the warrant or licence until the final determination

of the proceedings.

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

warrant, or a temporary specialised licence, or a temporary warrant

issued under this Act, practises the teaching profession in

contravention of the provisions of this Act or any other Act, shall be

guilty of an offence against this Act.

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

educator warrant or licence, or a temporary licence issued under this

Act, practises the profession of a kindergarten educator in

contravention of the provisions of this Act or any other Act, shall be

guilty of an offence against this Act.

(4) Any person who, not being the holder of a learning support

educator warrant, licence, or a temporary licence issued under this

Act, practises the profession of a learning support educator in

contravention of the provisions of this Act or any other Act, shall be

guilty of an offence against this Act.

(5) Any person or any other organisation who shall employ any

person other than a registered teacher or a person holding a temporary

teachers’ warrant or a temporary specialised licence for the purpose of

the practising of the teaching profession shall be guilty of an offence

Provided that for the purpose of this provision and subject

to such regulations as may be prescribed, a person or any other

organisation shall not be deemed to be in contravention of this

provision if such person, not being a registered teacher or not holding

a temporary warrant or temporary specialised licence, as the case may

be, has applied with the Council for the award of a warrant, temporary

licence, temporary warrant or temporary specialised licence, or is

practising the teaching profession during an adaptation period or when

in training, in any case under supervision in a licensed school or in any

other manner as the Council may decide.

(6) Any person or any other organisation who shall employ any

person other than a registered kindergarten educator or a person

holding a temporary licence for the purpose of the practising of the

profession of a kindergarten educator shall be guilty of an offence

Provided that for the purpose of this provision and subject

to such regulations as may be prescribed, a person or any other

organisation shall not be deemed to be in contravention of this

provision if such person, not being a registered kindergarten educator

or holding a temporary kindergarten educator licence, has applied with

the Council for the award of a kindergarten educator licence or

temporary licence, or is practising the profession of a kindergarten

educator during an adaptation period or when in training, in any case

under supervision in a licensed school or in any other manner as the

Council may decide.

(7) Any person or any other organisation who shall employ any

person other than a registered learning support educator or a person

holding a temporary learning support educator licence for the purpose

of practising of the profession of a learning support educator shall be

guilty of an offence

Provided that for the purpose of this provision and subject

to such regulations as may be prescribed, a person or any other

organisation shall not be deemed to be in contravention of this

provision if such person, not being a learning support educator or

holding a temporary licence, has applied with the Council for the

award of a learning support educator licence or temporary learning

support educator licence, or is practising the profession of a learning

support educator during an adaptation period or when in training, in

any case under supervision in a licensed school or in any other manner

as the Council may decide.

(8) Any person who is found guilty of any offence referred to

in sub-articles (2) to (7) shall be liable, on conviction, to a fine (multa)

not exceeding one thousand and five hundred euro (€1,500), and, in

the case of a continuing offence, to a fine (multa) of fifteen euro (€15)

for each day during which the offence continues, subject to a

maximum fine (multa) of five thousand euro (€5,000).

(9) The provisions of this article establishing offences shall be

without prejudice to the provisions of any other law establishing

offences and punishments in respect of the same acts or omissions and

shall not, in particular, affect the application of any higher punishment

under any other law.

A warrant or licence holder may return his warrant or

licence to the Council and make a request in writing that his name be

cancelled from the related register.

The award of a warrant or licence under this Act shall have

no effect on the employment conditions of the licence holder.

The provisions of this Act shall not apply to a teacher in a

school teaching a language as a foreign language, or any person who

renders a teaching service in cultural, sport and religious sectors, in so

far as this teaching is not being imparted as an integral part of

compulsory education in terms of the curriculum in a licensed school.

The Minister may, after consultation with the Council,

make regulations, not inconsistent with the provisions of this Act, to

give better effect to any of such provisions and generally to regulate

the teaching profession and the work of kindergarten educators and

learning support educators, and, without prejudice to the generality of

the foregoing, such regulations may in particular include provisions

with respect to

(a)

the establishment of qualifications required for the

attainment of a temporary warrant, a temporary specialised

licence or a temporary licence in terms of this Act;

(b) the establishment of standards, practices, procedures

and other duties in the exercise of the profession and work of an

educator;

(c)

the professional conduct and code of ethics of

educators and the standards of competency and integrity to be

kept by educators;

(d) the requirements, conditions and frequency in

relation to the programmes of continuous professional

development for the maintenance of a warrant or licence;

(e)

the work which can be performed and the services

which can be rendered in terms of a warrant or licence, and the

terms and conditions which can be attached to such warrant or

licence;

(f)

the fees that may be charged by the Council in

connection with the issue of a warrant or licence, for the making

of any registration under this Act;

(g) the procedures to be followed in cases of

professional misconduct;

(h) the engagement of persons who are employed to

work in a school by virtue of a temporary warrant or temporary

licence;

(j)

the forms, conduct certificates and other ancillary

matters connected with the application for a warrant or licence,

the tests to establish the legal capacity, the procedures connected

with the nomination of members to the Council, and other

matters relating to any other procedure which may be adopted by

the Council;

(j)

the appointment, composition and procedures of

committees or sub-committees which the Council may feel

necessary to appoint for any one of its functions; and

(k) any matter which is required or is authorised by this

Act to be prescribed.

(1) Any person who, on the coming into force of this Transitory

Act, is in possession of a warrant obtained under the provisions of the provisions

regarding

Education Act, prior to the repeal of the said Education Act by the teachers’

warrants.

Education Act, 2019, shall be deemed to be a warrant holder with the Cap. 327.

same rights and obligations as though such warrant had been issued in Cap.

327. Act No. XXIX

accordance with the provisions and conditions of this Act.

of 2019.

(2) A person shall be deemed to remain eligible for a teachers’

warrant under the provisions of the Education Act, prior to its repeal Cap. 327.

Act No. XXIX

by the Education Act, 2019, if he was so eligible under the said of 2019.

Education Act prior to the coming into force of this Act

Provided that persons who at the time of entry into force of

this Act have already satisfied the conditions in force prior to the entry

into force of this Act, and persons who at the time of entry into force

of this Act had already obtained or had registered in, and subsequently

successfully obtained, a programme leading to a qualification which

entitles the holder to apply for a teachers’ warrant in accordance with

the provisions in force prior to the entry into force of this Act, shall be

eligible to apply for a teachers’ warrant in accordance with the

requirements existing prior to the entry into force of this Act.

(1) A person who has been practising as a kindergarten

educator for ten (10) years prior to the coming into force of this Act

and who does not satisfy the criteria established in article 13 shall be

deemed to be eligible for the award of a kindergarten educator licence

under this Act.

(2) A person who is employed in the grade of a kindergarten

educator (special education), a learning support educator I, a learning

support educator, a learning support educator II and a learning support

educator (Special Schools) at the time of the coming into force of this

Act and who does not satisfy the criteria established in article 14 shall

be deemed to be eligible for the award of a learning support educator

licence under this Act.

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

and phrases referred to in the third column of First 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.

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

legislation listed in the first column of the Second 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.