ACT No. XIII of 2021 AN ACT to regulate Periti and to provide for matters connected therewith or ancillary thereto.

I assent.

(L.S.)

GEORGE VELLA

President

1st April, 2021

ACT No. XIII of 2021

AN ACT to regulate Periti and to provide for matters connected

therewith or ancillary thereto.

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

consent of the House of Representatives, in this present Parliament

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

(1)

The short title of this Act is the Periti Act, 2021.

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

as the Minister may by notice in the Gazette establish and different

dates may be so established for different provisions and different

purposes of this Act.

In this Act unless the context otherwise requires –

"adaptation period" shall have the same meaning assigned

to it in the Recognition of Professional Qualifications

Regulations;

"administration fee" means the fee that a warrant holder

shall pay to the Kamra tal-Periti when submitting a declaration

in connection with the requirements of article 18;

"Annex V" and "Annex VI" mean Annex V and Annex VI

of Directive 2005/36/EC of the European Parliament and of the

Council of 7 September 2005 on the recognition of professional

qualifications;

"aptitude test" shall have the same meaning assigned to it

in the Recognition of Professional Qualifications Regulations;

"certificate to practise" means a certificate issued annually

by the Kamra tal-Periti to a warrant holder, a partnership of

warrant holders or a service provider, and without which such

warrant holder, partnership of warrant holders or service

provider may not provide professional services

Provided that this definition shall not be construed that

a warrant holder, a partnership of warrant holders or a service

provider in possession of such certificate cannot delegate any

activity which, according to the Laws of Malta, may only be

rendered by warrant holders, to an employee who is also a warrant

holder unless such employee is covered by an insurance policy

according to article 18(1)(a);

"Code of Professional Conduct" means the Code

prescribed by regulations which sets out and explains the

standards of professional conduct and practice which the Kamra

tal-Periti requires of persons practising the profession in Malta;

"continuous professional development" means a structured

and organised activity, planned and carried out by warrant

holders so as to maintain and update their knowledge of the art

and science of their profession, and enhance their ability to

exercise their profession, in the context of an ever-expanding

body of professional expertise, as well as to keep abreast of

regulatory and ethical developments, and to motivate

professionals to engage in lifelong learning relevant to the safe

and effective practice of their profession;

"designated authority" shall have the same meaning

assigned to it in the Mutual Recognition of Qualifications Act;

"establishment" shall have the same meaning as that

assigned to it in the Services (Internal Market) Act;

"European Credit Transfer and Accumulation System" or

"ECTS credits" means the credit system for higher education

used in the European Higher Education Area;

"European Union" shall have the same meaning assigned

to it in the Treaty;

"IMI" means the IT-based Internal Market Information

System in operation within the European Economic Area;

"insurance policy" means a Professional Indemnity

Insurance Policy issued according to documented terms and

conditions, provided by an insurance provider to a Perit or Periti

or other service providers rendering services in Malta under this

Act, or any other means of personal or collective protection with

regard to professional liability;

" Kamra tal-Periti " or " Kamra " means the Chamber of

Architects and Civil Engineers established by article 12;

"lifelong learning" shall have the same meaning assigned

to it by the Recognition of Professional Qualifications S.L. 451.03.

Regulations;

"Member State" means a state member of the European

Union;

"migrant" shall have the same meaning assigned to it in the

Recognition of Professional Qualifications Regulations.

"Minister" means the Minister responsible for Works and

to the extent of any functions delegated to it by the Minister,

includes the Periti Warranting Board;

"Perit" means the generic professional title, given to

indicate to society that the holder of the title is suitably qualified

and authorised to practise the profession; for this purpose, all

references in the Laws of Malta to the word "architect" shall be

taken to mean "Perit";

"Perit Arkitett" means the title given to the professional in

accordance with this Act, and whose name has been entered into

the Register under the list of Perit Arkitett, in accordance with

the procedures outlined in articles 4 and 5;

"Perit Inġinier Ċivili" means the title given to the

professional in accordance with this Act, and whose name has

been entered into the Register under the list of Perit Inġinier

Ċivili, in accordance with the procedures outlined in articles 4

and 6;

"Perit Arkitett u Inġinier Ċivili" means the title given to

the professional in accordance with this Act, and whose name

has been entered into the Register under both the list of Perit

Arkitett and the list of Perit Inġinier Ċivili, in accordance with

the procedures outlined in articles 4, 5 and 6;

"Periti" shall mean the generic title given to a group of

individuals, each of whom have the right to the title of "Perit",

who agree, by private deed, to form a joint entity, which, for the

purposes of the liabilities assumed by the profession, as defined

below, acts as one, and who shall be entered into the Register

under the list of Periti as outlined in article 16;

"Periti Warranting Board" or "Warranting Board" means

the Board established by article 10;

"Periti Professional Conduct Board" means the Board

established by article 13;

"prescribed" means prescribed by regulations under this

Act by the Minister, after consultation with the Kamra tal-Periti;

"profession" means the regulated profession assuming the

responsibilities, personally or collectively, that are defined, from

time to time, in the Laws of Malta, and including services related

to architecture and civil engineering reserved by law to warrant

holders and professional services shall be construed accordingly;

"professional traineeship" means a period of professional

practice undertaken under supervision, after the completion of

the appropriate programmes of academic training, as established

by this Act;

"professional experience" means the actual and lawful full-

time or equivalent part-time pursuit of the profession, in a

Member State;

"regulated profession" shall have the same meaning

assigned to it in the Mutual Recognition of Qualifications Act

"register" means the register of warrant holders referred to

in article 4;

"Services Directive" shall mean Directive 2006/123/EC of

the European Parliament and of the Council of 12 December

2006 on services in the internal market;

"service provider" means a person from any Member State

or any country in the European Economic Area who exercises

the profession on a temporary and occasional basis in Malta, in

accordance with the provisions of the Services Directive;

"stamp" means a professional stamp, bearing the name and

registration number of the warrant holder or partnership, to a

design as prescribed by regulation, issued by the Kamra together

with the issuance of the certificate to practise, and which stamp

may also be in electronic format, and shall be used by the warrant

holder or partnership on all formal documentation where such

stamp is required;

"temporary and occasional basis" shall have the same

meaning assigned to it in the Recognition of Professional S.L. 451.03.

Qualifications Regulations;

"Treaty" shall have the same meaning assigned to it in the

European Union Act;

"warrant" means a warrant granted under article 3, and

"warrant holder" shall be construed accordingly.

PART II

Regarding Warrant of Perit

(1) The practice of architecture and of civil engineering is a Warrant to

regulated profession, in view of the overriding need to protect public practise

Perit.

interest, particularly in relation to issues of public health and safety,

protection of the environment, protection of cultural heritage and of

structural integrity of buildings and structures arising from the design

and supervision of the construction of buildings and engineering works,

giving rise to relative tasks being reserved exclusively to warrant

holders by various Laws of Malta.

(2) The warrant to practise the profession shall be granted by the

Warranting Board to any person who satisfies the requirements of this

article and also the requirements of articles 5 or 6. No person may

practise the profession unless he holds a warrant for that purpose

issued by the Warranting Board.

(3) A warrant holder may use the designation "Perit", "Perit

Arkitett" or "Perit Inġinier Ċivili" or "Perit Arkitett u Inġinier Ċivili"

in accordance with the listing defined in article 5 or 6 or 7.

(4) Any person who is granted such a warrant shall, before

entering upon the exercise of the profession, take before the Court of

Appeal, in a public sitting, the oath of allegiance referred to in article

10 of the Code of Organization and Civil Procedure and the oath of

office in the following terms

I …………………………….. do swear that I will bear true

faith and allegiance to the people and the Republic of Malta and

its Constitution. So help me God.

I ........................................... do swear that I will faithfully

and with all honesty and exactness perform the duties of a Perit

to the best of my knowledge and ability. So help me God.

Or in the following terms

I …………………………….. solemnly affirm that I will

bear true faith and allegiance to the people and the Republic of

Malta and its Constitution.

I …………………………….. solemnly affirm that I will

faithfully and with all honesty and exactness perform the duties

of a Perit to the best of my knowledge and ability.

(5) Every person practising the profession under this Act shall be

responsible for his own actions and omissions in the performance of

his duties, the maintenance of the required professional standard and

conduct, and generally in the fulfillment of his obligations under this

Act or any other applicable law.

(6) The professional services, which are reserved to the

profession by virtue of any law of Malta, shall be exclusively

performed by a warrant holder, a partnership of warrant holders or a

professional undertaking such services in accordance with this Act

even if performed under an employment contract, without undue

influence by non-professional employers.

(7) A person practising the profession under this Act shall refuse

to undertake such professional services where his professional

independence is compromised.

(1) The Warranting Board shall maintain a register of all Register of

warrant holders issued under this Act. The register shall comprise a warrant holders.

number of lists, as defined in this Act, which shall have the purpose of

making available to the public the names of the persons who are

qualified to undertake the services as defined by the respective lists.

(2) Every warrant holder registered with the Warranting Board

shall have a unique registration number, which shall be used to identify

the warranted professional. This registration number shall be used to

confirm all formal documentation issued by the warranted professional

in the course of execution of his profession, under his responsibility.

(3)

A candidate will qualify for registration in the appropriate list

if

(a) he is a citizen of Malta, or a citizen of a Member

State, or a third-country family member of European Union

citizens, or a citizen of a third country entitled to live and work

permanently in Malta, by virtue of any other legislation;

(b) without prejudice to the provisions regulating service

providers and specifically article 9, the candidate seeks

establishment in Malta;

(c) he is of good conduct, as can be confirmed by a full

and valid conduct certificate from the relative national authority,

issued not more than three (3) months before the date of

submission of his request for registration to the Warranting

Board;

(d)

he is of full legal capacity;

(e) he has sufficient knowledge of one of the official

languages of Malta, to the extent necessary for the practice of the

profession;

(f) he satisfies the academic training requirements as

defined in articles 5 or 6 or 7;

(g) he has undertaken at least one (1) year professional

traineeship, from the publication of results confirming successful

completion of the relative programme of academic training,

under the supervision of a warrant holder, who has been so

warranted for at least ten (10) years prior to undertaking such

supervision, in accordance with regulations as may be

prescribed

Provided that, professional traineeship undertaken in

a Member State shall be accepted, for a duration not exceeding

six (6) months, provided that the Warranting Board is satisfied

that the supervision of the professional traineeship was

undertaken by a professional of equivalent qualifications and

experience.

(h) he has been duly examined and approved by the

Warranting Board in an examination or examinations for the

purpose, at the end of the period of professional traineeship, in

accordance with regulations as may be prescribed.

(1) There shall be a list of all warrant holders who have

been admitted to the title of Perit Arkitett, in accordance with

regulations as may be prescribed.

(2) A candidate shall be entitled to use the title of Perit Arkitett,

and consequently be entered in the relative list, if in addition to the

requirements of sub-article 4(3)(a) to (h)

(a) he has undertaken academic training in Malta, at least

at the level as defined by regulation 13(e) in the Recognition of

Professional Qualifications Regulations, at a university or

comparable teaching institution, for a minimum full-time

duration of five (5) years, or the equivalent of three hundred

(300) ECTS, and successfully completed university level final

examinations, with architecture as the principal component of

study, guaranteeing that the candidate has reached proficiency at

least in those disciplines as may be prescribed

Provided that all warrant holders, whose names

appear in the existing register of warrant holders on the date of

publication of this Act are entitled to be entered in this list.

Nationals of Member States, or third countries, who have been

registered in the existing register of warrant holders at the time

of publication of this Act, on the basis of Annex V or VI, shall be

entitled to registration in the list of Perit Arkitett, in accordance

with the conditions imposed by the Warranting Board;

(b)

or, alternatively to the requirements of sub-article

(2)(a),

(i) he has undertaken academic training in Malta at

least at the level as defined by regulation 13(e) in the L.S. 451.03.

Recognition of Professional Qualifications Regulations, at

a university or comparable teaching institution, for a

minimum full-time duration of four (4) years, or the

equivalent of two hundred and forty (240) ECTS, and

successfully completed university level final examinations,

with architecture as the principal component of study

guaranteeing that the candidate has reached proficiency at

least in those disciplines as may be prescribed; and

(ii) he has undertaken a period of formal

professional traineeship for a minimum period of two (2)

years full-time, under the supervision of, and evaluated by,

a body authorised for this purpose by the Warranting

Board, and undertaken not prior to the successful

completion of the third year of studies, in accordance with

regulations as may be prescribed; at least one (1) year of

this training shall be dedicated to the consolidation of

knowledge, skills, and competences required for the

practice of the profession.

(3) A candidate who satisfies the requirements of article 4(3)(a),

who has the right to the title of "Architect" in accordance with Annex

V or Annex VI, and who wishes to establish himself in Malta, shall be

automatically deemed as qualified to be entered in the list of Perit

Arkitett, provided he satisfies the requirements of article 4(3)(c), (d)

and (e). A candidate who benefits from the acquired rights in line with

regulation 9 of the Mutual Recognition of Qualifications of Perit S.L. 390.05.

Regulations, shall possess a certificate attesting the pursuit of the

activities in question for a least three (3) consecutive years during the

five (5) years preceding the award of the certificate or other

appropriate certificate referred to in Article 49 of Directive 2005/36/

EC

Provided that a candidate who does not benefit from Annex V,

Annex VI or Article 49(1) and Article 49(2) of Directive 2005/36/EC,

but satisfies the requirements of article 4(3)(a) and is fully qualified as

"Architect" in his home state, where such profession is regulated, and

who wishes to establish himself in Malta may be considered as

qualified to be entered in the list of Perit Arkitett, provided he satisfies

the requirements of article 4(3)(c), (d) and (e)

Provided further that in the case of an applicant where the

profession in the home state is not regulated, the applicant has pursued

the profession on a full-time basis for one (1) year or for an equivalent

overall duration on a part-time basis during the previous ten (10) years

in another Member State which does not regulate the profession, and

possesses one or more attestations of competence or evidence of

formal qualifications issued by another Member State which does not

regulate the profession, provided that any minimum training

conditions laid down in this Act are respected

Provided further that evidence of formal qualifications issued

by a third country shall be regarded a s evidence of formal

qualifications if the holder has three (3) years professional experience

in the field of architecture in the territory of the Member State that

recognised that evidence of formal qualification certified by that

Member State.

(1) There shall be a list of all warrant holders who have

been admitted to the title of Perit Inġinier Ċivili.

(2) A candidate shall be entitled to use the title of Perit Inġinier

Ċivili, and consequently entered in the relative list, provided that in

addition to the requirements of article 4(3)(a) to (h)

(a) he has undertaken academic training in Malta at least

at the level as defined by regulation 13(e) in the Recognition of

Professional Qualifications Regulations, at a university or

comparable teaching institution, for a minimum full-time

duration of five (5) years, or the equivalent of three-hundred 300

ECTS, and successfully completed university level final

examinations, with civil engineering as the principal component

of study guaranteeing that the candidate has reached proficiency

at least in those disciplines as may be prescribed

Provided that all warrant holders whose names

appear in the existing register of warrant holders on the date of

publication of this Act, shall be entitled to be entered in this list.

Nationals of Member States, or third countries, who have been

registered in the register of warrant holders at the time of

publication of this Act on the basis of their registration as a civil

engineer in their home state, shall be entitled to registration in

the list of Perit Inġinier Ċivili, in accordance with the conditions

imposed by the Warranting Board;

(b)

or, alternatively to the requirements of sub-article

(2)(a)

(i) he has undertaken academic training in Malta at

least at the level as defined by regulation 13(e) in the

Recognition of Professional Qualifications Regulations, at

a university or comparable teaching institution, for a

minimum full-time duration of four (4) years, or the

equivalent of two-hundred and forty (240) ECTS, and

successfully completed university level final examinations,

with civil engineering as the principal component of study,

guaranteeing that the candidate has reached proficiency at

least in those disciplines as may be prescribed; and

(ii) he has undertaken a period of formal

professional traineeship for a minimum period of two (2)

years full-time, under the supervision of, and evaluated by,

a body authorised for this purpose by the Warranting

Board, and undertaken not prior to the successful

completion of the third year of studies, in accordance with

regulations as may be prescribed; at least one (1) year of

this training shall be dedicated to the consolidation of

knowledge, skills, and competences required for the

practice of the profession.

(3) A candidate who satisfies the requirements of article 4(3)(a),

who is fully qualified as a civil engineer in his home state, where such

profession is regulated, and who wishes to establish himself in Malta,

may be considered as qualified to be entered in the list of Perit

Inġinier Ċivili, provided he satisfies the requirements of article 4(3)

(c), (d) and (e)

Provided that in the case of an applicant where the profession

in the home state is not regulated, the applicant has pursued the

profession on a full-time basis for one (1) year or for an equivalent

overall duration on a part-time basis during the previous ten (10) years

in another Member State which does not regulate the profession, and

possesses one (1) or more attestations of competence or evidence of

formal qualifications issued by another Member State which does not

regulate the profession;

Provided further that evidence of formal qualifications issued

by a third country s hall be regarded as evidence of formal

qualifications if the holder has three (3) years professional experience

in the field of civil engineering in the territory of the Member State

that recognised that evidence of formal qualification certified by that

Member State.

PART III

Alternative Access to the Profession

(1) Notwithstanding the foregoing, in the case of a Alternative

candidate who satisfies the requirements of article 4(3)(a) to (e), but access

profession.

whose training does not fulfill the requirements of article 4(3)(f) to (h),

for any of the following reasons

(i)

it covers substantially different matters of which

knowledge, acquired skills and competence are essential for

pursuing the profession, as defined by the evidence of formal

qualifications listed in articles 5 or 6 and the respective

prescribed regulations, or

(ii)

such training was of a lesser duration than that

indicated in articles 5 or 6,

the Warranting Board may admit the candidate to the respective list,

as appropriate, provided that the candidate undertakes to fulfill

compensatory measures, in accordance with regulations that may be

prescribed

Provided that any decision shall be clearly justified, so as to

enable the applicant to understand his situation.

(2) Compensatory measures shall include an adaptation period of

up to three (3) years, or aptitude tests in those matters where a

deficiency, compared to the prescribed requirements, has been

identified, at the candidate’s choice.

(3) When a migrant submits evidence of professional and

academic qualifications obtained in a third country, and provided

that any minimum training conditions laid down in Directive 2005/

36/EC with regard to architects are respected, the Warranting Board

may request that the candidate undertakes three (3) years of

professional traineeship in the discipline concerned, under the

supervision of, and evaluated by a body authorised for this purpose

by the Warranting Board, in accordance with regulations as may be

prescribed and following which the Warranting Board may certify

that such professional qualifications have been taken as evidence of

formal qualifications in Malta.

(1) Where a national of a Member State has professional

qualifications, recognised by another Member State, but where the

scope of professional activities is narrower than those in Malta, and the

differences between the fields of activity are so large that a full

programme of education and training would be required for the

professional to compensate for the shortcomings, the Warranting

Board may grant the candidate partial access to the profession either

for the purposes of establishment in Malta or for temporary and

occasional provision of services, if the professional agrees

Provided that such qualified professional activity can be

objectively separated from the other activities falling under the

profession.

(2) In this case, the exercise of the profession will be carried out

under the professional title of the home Member State, as long as this

does not create confusion for the consumers of the service in Malta.

(3) The Warranting Board shall keep a list of those professionals

that have been granted partial access, and a proper description of the

professional activity that they have the authorisation to undertake in

Malta.

(4) Service provider practising the profession on the basis of this

article shall remain subject to the rules, whether of a professional,

statutory or administrative nature, which are directly related to

professional qualifications, definition of the profession, use of titles,

serious professional malpractice, directly and specifically related to

consumer protection and safety, and shall be subject to disciplinary

provisions which are applicable to warrant holders.

(1) Without prejudice to the Mutual Recognition of Temporary and

Qualifications of Perit Regulations and notwithstanding the provisions occasional

provision of

of this article and of articles 4, 5 and 6 of those Regulations, any services.

person legally established in another Member State, may practise the

profession in Malta on a temporary and occasional basis, without

being required to follow the procedures prescribed for entry into the

register of warrant holders, subject to further requirements as may be

provided under this Act. The application of requirements to the

provision of information society services reserved to the profession

shall be governed by articles 8A(3) and 8B of the Electronic Cap. 426.

Commerce Act.

(2) In this regard, such person shall advise the Warranting Board

in advance, and shall submit

(i)

proof of nationality;

(ii) attestation certifying legal establishment in a

Member State;

(iii) evidence of professional qualifications;

(iv) evidence that he is not prohibited from practising,

even if temporarily, in the Member State in which he is

established;

(v) a written declaration including documentary evidence

of professional indemnity insurance or other means of personal

or collective protection covering those activities or services

referred to in article 3(1) which are carried out in Malta, which

written declaration and documentary evidence shall be provided

once a year, for every year that he intends to offer services in

Malta.

(3) In cases where the profession is not regulated in the Member

State of establishment, the Warranting Board shall, in addition to the

requirements established in sub-article (2) hereof, require evidence of

at least one (1) year professional experience during the previous ten

(10) years preceding the provision of services, before allowing the

professional to practise in Malta on a temporary and occasional basis,

without being required to follow the procedures prescribed for entry

into the register of warrant holders.

(4) The Warranting Board shall assess the temporary and

occasional nature of the provision of services on a case by case basis,

in relation to duration, frequency, regularity and continuity. The

Warranting Board shall have the right to request information, on an

annual basis, about the services provided in Malta.

(5) Declarations from service providers shall be processed by the

Warranting Board within one (1) month of receipt. It can either allow

the provision of the service, or, if there are significant differences

between the professional qualifications of the service provider and the

training requirements in Malta, it may require the candidate to sit for

an aptitude test, unless such differences can be compensated by

professional experience, skills and competences acquired through

formally validated lifelong learning. The Warranting Board shall

inform the service provider of its decision not later than one (1) month

from the receipt of the declaration and accompanying documents.

Should an aptitude test be necessary, such test shall take place within

one (1) month of the Board’s decision

Provided that when a service provider has the right to the title

of "Architect" in accordance with Annex V or Annex VI, or acquired

rights in line with regulation 9 of the Mutual Recognition of

Qualifications of Perit Regulations, this shall automatically indicate a

complete equivalence with training requirements in Malta

Provided further that any decision shall be clearly justified,

including a comparison of the level of qualification required in Malta

and the level of qualification held, the substantial differences which

matter for the pursuit of the profession in terms of subjects and

contents, and the reasons for which such differences cannot be

compensated by knowledge, skills, and competences gained in the

course of professional experience or acquired through lifelong learning

and formally validated to this end, and hence explain why due to these

substantial differences the applicant cannot perform his profession in a

satisfactory manner in Malta

Provided further that in the case where difficulties arising

from differences in professional qualifications as outlined above lead

to a delay in the Board’s decision, the Board is to notify the service

provider of the reason for the delay within one (1) month. The Board is

to resolve the difficulty within one (1) month of its notification and is

to finalise its decision within two (2) months of resolving the

difficulty.

(6) A service provider practising the profession on the basis of

this article shall remain subject to the rules, whether of a professional,

statutory or administrative nature, which are directly related to

professional qualifications, definition of the profession, use of titles,

serious professional malpractice, directly and specifically related to

consumer protection and safety, and shall be subject to disciplinary

provisions which are applicable to warrant holders.

(7) Professionals who have their professional qualifications

accepted by the Warranting Board, are entitled to use the title Perit

Arkitett or Perit Inġinier Ċivili, as applicable and the Warranting

Board shall enter the name of such professionals in the list referred to

in article 4 on a temporary basis.

(8) After having completed all procedures as outlined in the

preceding sub-articles, the Warranting Board shall, within fifteen (15)

days, inform the Kamra tal-Periti of the details of such professional

together with a copy of the declaration referred to in sub-paragraph

(v).

PART IV

Periti Warranting Board

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

Warranting

Warranting Board which shall consist of

Board.

(a) a chairman to be appointed by the Minister, in

consultation with the Kamra tal-Periti, from among persons

holding a warrant of an advocate and having practised law for

twelve (12) years or more;

(b) two (2) members appointed by the Minister from

among warrant holders, who have held their warrant for at least

eight (8) years, one from the list of "Perit Arkitett" and the other

from the list of "Perit Inġinier Ċivili";

(c) two (2) members appointed by the Kamra tal-Periti

from among warrant holders who have held their warrant for at

least eight (8) years, one from the list of "Perit Arkitett" and the

other from the list "Perit Inġinier Ċivili"; and

(d) two (2) members who shall be elected by secret

ballot following an election organised by the Kamra tal-Periti in

accordance with regulations as may be prescribed, which

election shall be held electronically among warrant holders from

among themselves, provided that such elected members shall

have held their warrant for at least eight (8) years.

(2) The chairman shall be appointed for a term of four (4) years,

and under such conditions as may be set out in the letter of

appointment.

(3) The other members of the Board shall hold office for a term of

three (3) years, and under such conditions as may be set out in their

letter of appointment

Provided that in the first eighteen (18) month period, one (1)

of each of the members, appointed or elected under sub-article (1)(b),

(c) and (d) hereof, shall be appointed or elected for a period of

eighteen (18) months, so that, thereafter, half of the said members

other than the chairman shall vacate their office accordingly.

(4) When any vacancy occurs in the Board, the Minister shall, as

soon as practicable, in the case of the chairman, or a member

appointed by him, appoint another person to fill the vacancy; in the

case of a member appointed by the Kamra, request the Kamra to

appoint another person to fill the vacancy; and in the case of an elected

member ensure that an election is organised by the Kamra to fill the

vacancy.

(5) The number of members necessary to form a quorum shall be

four (4), but, subject to the presence of a quorum, one (1) of which

shall be the chairman, the Board may act notwithstanding any vacancy

among its members.

(6) The Minister shall ensure that the Warranting Board has the

necessary resources to fulfil the duties indicated in this Act, including

the setting up of a secretariat, and shall also delegate a public officer to

act as Board secretary, and such secretary shall attend meetings of the

Board but shall not have a vote.

(1) The Warranting Board shall be the designated authority for

the profession, and it shall have the responsibilities, duties, powers and

authority as stipulated hereunder and as may be further prescribed by

regulations

(a) to consider applications for the issue of a warrant and

make recommendations if this is so required;

(b) to receive any documentation from any eligible

person for the provision of temporary and occasional service in

accordance with article 9 and undertake any other processes as

stipulated in this Act;

(c)

to make recommendations to the Minister;

(d)

to carry all other functions assigned to it under this

Act.

(2) Save as aforesaid, the Board may make its own rules and

otherwise regulate its own procedure. The Board shall exercise its

functions independently and according to its own judgement. In the

exercise of its functions, the Board may

(a) consult with such persons as it may deem

appropriate, and

(b) may also appoint sub-committees, of which the

chairman of the Board, or his delegate, shall also be chairman,

for the purpose of carrying out such duties and tasks as the Board

may assign to them.

(3) The functions of the Warranting Board shall be those as shall

be prescribed by regulations in accordance with this Act.

PART V

Establishment of the Kamra tal-Periti and Periti Professional Conduct

Board

(1) The Kamra tal-Periti is constituted in continuation of Establishment

the Chamber of Architects and Civil Engineers established by of

tal-Periti.

Ordinance No. XIV of 1919 (Government Notice No. 202 of the 12

June 1920) and continued in article 8(1) of Act XIV of 1996.

(2) The Kamra tal-Periti shall be the recognised and approved

national regulatory and representative body for the profession whose

purpose is that of

(a) advancing the practice of architectural and civil

engineering professional activities in Malta;

(b) corresponding with Government, and vice-versa, on

all matters concerning the profession, including advice to

Government on the formulation of public policy related to the

built environment;

(c)

ensuring that all members of the profession act

responsibly and ethically, having due regard for sustainable

development practices, the protection of the national, cultural,

social and environmental heritage, the upholding of public health

and safety and structural integrity before, during and after

construction processes, and the adherence to the Code of

Professional Conduct, as may be prescribed by regulation.

(3) The Kamra tal-Periti has jurisdiction in terms of this article

over all services rendered by the profession in Malta under this Act.

(4) All warrant holders shall form part of the Kamra upon

inclusion in the register held by the Warranting Board, and shall abide

by its rules and regulations and any directives issued by it, and be

entitled to participate in its activities. Moreover, all such warrant

holders shall have the right to vote at the general meetings of the

Kamra and to subscribe to any services provided by the Kamra at fees

established by its Council.

(5) The Minister shall prescribe the conditions and rules required

for the legal establishment and administration of the Kamra, its

maintenance, and the validity of its decisions, and for determining its

functions and powers.

(6) The Kamra shall be represented by a Council which shall be

constituted in accordance with prescribed regulations.

(7) The Minister shall, after consulting the Council of the Kamra,

make regulations

(a) vesting the Council of the Kamra with the power and

duty of conducting inquiries into any charge of professional

misconduct or malpractice or abuse or failures made by or

against any warrant holder in connection with the exercise of his

profession or in connection with professional matters, to

establish whether these are in violation of the Code of

Professional Conduct, or inconsistent with the dignity and good

practice of the profession, in accordance with procedures as

prescribed by regulations;

(b) vesting the Council of the Kamra with the power to

delegate the investigation of any breach of the Code of

Professional Conduct to an independent Board to be known as

the Periti Professional Conduct Board set up for the purpose;

(c) making provisions for securing the enforcement of

all decisions of the Periti Professional Conduct Board except in

as far as these are related to provisions under article 14(4), in

which cases enforcement will remain within the Warranting

Board’s responsibility;

(d) vesting the Council of the Kamra with the authority

and responsibility to collate and the right to request information

from warrant holders relating to professional indemnity

insurance;

(e) vesting the Council of the Kamra with the authority

to issue on a yearly basis a certificate to practise to each warrant

holder upon being satisfied that the provisions of article 18 and

any other provisions that may be established from time to time,

have been satisfied;

(f) vesting the Council of the Kamra with the authority

to collect an application fee in connection with the processing of

any alleged breach of the Code of Professional Conduct or of

article 20;

(g) vesting the Council of the Kamra with the authority to

issue a professional stamp to each warrant holder or partnership

upon receiving the certificate to practise;

(h) vesting the Council of the Kamra with the authority

to collect from warrant holders an administration fee in

connection with the processing of their annual declaration in

terms of article 18.

(1) The Kamra shall refer the investigation into any alleged Periti

breach on the part of Periti in terms of this Act to a board, to be known Professional

Conduct Board.

as the Periti Professional Conduct Board which shall consist of

(a) a chairman to be appointed by the Minister, in

consultation with the Kamra tal-Periti, from among retired

judges or magistrates;

(b) two (2) members selected by the chairman for each

case delegated to the Board by the Council of the Kamra from a

list of warrant holders, which selection is to be made by lot after

the Council of the Kamra tal-Periti issues a call at least every

two (2) years for nominations for warrant holders who have held

a warrant for at least fifteen (15) years;

(c) two (2) members selected directly by the chairman

from the nominated warrant holders and who have experience in

the matter under discussion.

(2)

The chairman shall be appointed for a term of three (3) years,

and under such conditions as may be set out in his letter of

appointment.

(3) The other members of the Board shall hold office until the

case to which they have been appointed by the Chairman is concluded

Provided that the chairman and all warrant holders identified

in accordance with article 13(1)(b) shall take an oath to carry out their

functions according to law and with impartiality before a

Commissioner of Oaths.

(4) When any vacancy for the post of chairman of the Board

occurs, the Minister shall, as soon as practicable, appoint another

person to fill the vacancy in consultation with the Kamra.

(5) When any vacancy among the members occurs another person

shall be appointed by the chairman from the list aforementioned to fill

such vacancy for the remaining term

Provided that if there are no other persons available to fill

such vacancy the Kamra shall issue a call for nominations accordingly.

(6) The number of members necessary to form a quorum shall be

four (4) but, subject to the presence of a quorum, one of which shall be

the chairman, the Board may act notwithstanding any vacancy among

its members.

(7) The Board shall be listed under the First Schedule of the

Administrative Justice Act, and hence the provisions of article 3 of the

said Act shall be applicable, except that the sittings of the Board shall

not be held in public.

(8) The Periti Professional Conduct Board shall conduct inquiries

into the professional practices of a warrant holder to establish whether

these are in violation of the Code of Professional Conduct or

inconsistent with the dignity and good practice of the profession, and

into any abuses or failures imputed to him in the exercise of his

profession or in connection with professional affairs, only after having

been delegated to do so by the Council of the Kamra tal-Periti and if

the Council, after making the necessary investigations, finds that there

is a case for action, it shall refer such case to the Board. The decision

of the Periti Professional Conduct Board shall include the reasons for

the suspension of the certificate to practise or the revocation of a

warrant, and the relevant minutes of the meetings and, or sittings of the

Periti Professional Conduct Board.

(9)

The Board may make its own rules and otherwise regulate its

own procedure, in consultation with the Council of the Kamra tal-

Periti. The Board shall exercise its functions independently and

according to its own judgement

Provided that is all evidence is presented under oath, which

oath is to be administered by the chairman.

(10) (a) The selection of the members of the Board by the

chairman, for cases referred to the Board, shall ensure that no

possibility or perception of potential conflict of interest exists during

the determination of specific cases.

(b) A member is disqualified from sitting on the Periti

Professional Conduct Board if

(i) he is related by consanguinity or affinity in a direct

line to the complainant or the person on whom the complaint was

served;

(ii) he is related by consanguinity in the degree of

brother, uncle or nephew, grand-uncle or grand-nephew or

cousin, or if he is related by affinity in the degree of brother,

uncle, or nephew, to the complainant or the person on whom the

complaint was served;

(iii) he is the tutor, curator, or presumptive heir of the

complainant or the person on whom the complaint was served;

(iv) he is or has been the agent of any of the complainants

or the person on whom the complaint was served;

(v)

he had in any way expressed himself on the matter at

issue;

(vi) the complainant or the person on whom the

complaint was served propose to call him as a witness;

(vii) he, or his spouse, is directly or indirectly interested in

the outcome of the case;

(viii) he had a dispute, argument or disagreement of

whatever nature with the complainant or the person on whom the

complaint was served.

(c) A member may be challenged or abstain from sitting in

a case during the first appointed hearing unless knowledge of any

reasons of disqualification become forthcoming during subsequent

(d) Any member who is subject to a challenge must declare

by way of a partial decision whether there is reason to abstain in virtue

of this article.

(e) An appeal from a partial decision delivered in terms of

paragraph (d) may only be filed with an appeal from the final decision

of the Board.

(1) Upon being tasked by the Council of the Kamra tal-

Periti to investigate any allegations as stipulated under this Act, the

Periti Professional Conduct Board shall, following due procedure,

determine to accept or refuse in whole or in part, the allegations

referred and determine the disciplinary action to be taken against any

warrant holder who is found guilty of professional misconduct or in

any way breaching the Code of Professional Conduct or article

21(1)(a), giving reasons for such decision, which disciplinary action

shall be guided in line with this Act

Provided that the warrant holder is vested with the right to be

represented during such proceedings by his own counsel at every stage

throughout the process. Should the warrant holder not present any

legal counsel, this shall be duly noted in the minutes and the Board

shall expressly request him to consider appointing a legal counsel

Provided further that no punishment shall be awarded by the

Board until full opportunity has been given to the warrant holder

charged to make his defence, saving his right to appeal against the

decision of the Board to the Court of Appeal within such time and in

such form as shall be prescribed from time to time

Provided further that any decision of disciplinary action is

supported by at least three (3) members of the Board.

(2) When a warrant holder is in breach of any provisions under

this Act, the Periti Professional Conduct Board shall, after due process

in accordance with this Act and the relevant regulations, issue a

warning, impose a fine (multa) of up to five thousand euro (€5,000) or

revoke or suspend the warrant for up to a period not exceeding six (6)

months, or both such fine and revocation or suspension.

(3) The decision of the Periti Professional Conduct Board shall

be referred to the Council of the Kamra tal-Periti, which shall

(a) communicate such decision to the warrant holder and

to the complainants;

(b) in the case of a decision for the issuance of warning

or public admonition, proceed to issue such warning or

admonition;

(c) in the case of a decision which includes the

imposition of a fine, stipulate the time within which such fine is

to be settled, and collect such fine through any method of

payment that it may establish from time to time;

(d) in the case of a decision to suspend the warrant

holder or service provider from being able to practise for a

determined period of time, proceed to suspend the relevant

certificate to practise for the period prescribed by the Periti

Professional Conduct Board, and inform the Warranting Board of

such suspension;

(e) in the case of revocation of warrant, inform the

Warranting Board which shall proceed to execute such

revocation within the time frame established by the Kamra tal-

Periti.

(4) Disciplinary action against any warrant holder or service

provider shall not take effect before all due process, including the right

to submit an appeal according to article 23, has been exhausted.

PART VI

Use of Professional Titles, Partnerships of Periti and Forms of Practice

(1) The titles of Perit, Perit Arkitett, Perit Inġinier Ċivili, Use of

Perit Arkitett u Inġinier Ċivili and Periti are regulated protected titles, professional

titles.

and unauthorised use of these titles, or of acting in such a way as to

suggest the authority to use the titles, shall constitute an offence and be

subject to the penalties prescribed by article 26.

(2) Those warrant holders who are entered in the list of Perit

Arkitett shall have the right to use the title of Perit Arkitett. Those

warrant holders who are entered in the list of Perit Inġinier Ċivili shall

have the right to use the title of Perit Inġinier Ċivili. Those warrant

holders who are entered in both lists shall have the right to use the

combined title Perit Arkitett u Inġinier Ċivili. Only partnerships who

are entered in the list of Periti shall have the right to use the title of

Periti.

(1) Two or more warrant holders may enter into an Partnerships of

agreement by means of a private deed, hereinafter referred to as a periti.

"partnership of periti", having for its exclusive object to practise the

profession collectively.

(2) No person other than a warrant holder may be a partner in a

partnership of periti.

(3) Any such partnership shall, when duly formed, be registered

with the Warranting Board, and upon such registration, the partners

shall, for as long as it is so registered, be authorised to act in the name

and on behalf of the partnership, which shall be entitled to the

designation Periti.

(4) (a) As a result of the deed referred to in sub-article (1)

hereof, the signatories shall agree to be jointly and severally

responsible for the actions and omissions of each and every one of

them in the performance of their professional duties, the maintenance

of the required professional standards and conduct, and generally in

the fulfilment of the obligations under this Act or any other applicable

law. They shall also be jointly and severally liable for any loss or

damage resulting therefrom.

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

may be done by one or more of the signatories in the name of all the

signatories, and any act or thing done in the name of the signatories

shall be done by one or more of the signatories.

(c) The responsibilities and liabilities for anything done or

omitted to be done during the period in which a warrant holder was a

signatory to an agreement referred to in sub-article (1) shall not cease,

in respect of such person, by his retirement, death or other cause by

which he ceases to be a signatory, unless the agreement stipulates

otherwise to the satisfaction of the Warranting Board, and such

agreement is drawn up by a public deed before a notary public and

registered in the Public Registry.

(5) There shall be a list of all partnerships which have been

registered by the Warranting Board in accordance with sub-article (3)

and the Warranting Board shall enter, into this list, the operational

name of such partnership, as well as the names of the individual

warrant holders signatories to the agreement referred to in sub-article

(1), after having verified the said agreement, and the professional

status of the individual signatories, in accordance with regulations that

may be prescribed.

(6) Every such partnership registered with the warranting board

shall have a unique registration number, which shall be used to identify

the partnership. This registration number shall be used to confirm all

formal documentation issued by the partnership in the course of

execution of the profession, under the terms of the agreement referred

to in sub-article (1).

(7) Upon registration, and for as long as it is so registered, each

signatory shall be authorised to act in the name, and on behalf, of all

signatories.

(8) Every such partnership shall give to the Warranting Board

such information as it may reasonably require or as may be prescribed,

and shall give notice to the Board of any relevant changes in any

information previously given to it, within fifteen (15) days after the

date on which the change occurs. Failure to do so shall be considered

to be an offence and shall, on conviction, be liable to a fine (multa) of

two hundred and fifty euro (€250).

Notwithstanding the provisions of article 16, any legal Forms of

personality recognised by, or obtained following registration in practice.

accordance with the Laws of Malta and established in Malta, or the laws

of the Member State in which it is established in the case of cross-border

services offered in accordance with the Services Directive, may

undertake the provision of architectural and of civil engineering

services, provided that for those professional services reserved by any

Law of Malta to a warrant holder, the names of the Perit or Periti, or the

professionals undertaking such services in accordance with this Act and

who shall carry the liabilities arising from these reserved professional

services, shall be clearly identified in any formal communication or

contract of services or marketing material; and provided that appropriate

professional indemnity insurance policies in accordance with article 18

are held in the names of such warrant holder or service provider, which

insurance policies shall be made available for inspection by any person

wishing to use the relative professional services.

PART VII

Insurance and Effects of Surrender, Suspension or Revocation of a

Warrant or Cancellation of Registration, including Registration of a

Partnership

(1)

Every warrant holder or partnership registered under Insurance.

this Act shall, with respect to all those activities or services, which

according to the Laws of Malta may only be rendered by warrant

holders, be required to be covered by a professional indemnity

insurance, or other means of personal or collective protection with

regard to professional liability in such manner and for such amount as

may be prescribed in regulations made by the Minister under this Act,

against any legal liability which such warrant holder or partnership

may incur, for compensation in respect of loss or damage to any person

or thing as a result of any negligent act, breach of duty imposed by law,

error or omission committed by the warrant holder, the partnership,

any partner thereof, or any of the employees in the carrying out of their

functions

Provided that in the case of nationals of Member States

offering services on a temporary and occasional basis, in accordance

with article 9, whenever indemnity insurance cover or other means of

personal or collective protection with regard to professional liability is

required of them in accordance with the overriding reasons under

article 6(1)(b) of the Services (Internal Market) Act, concerning public

policy, public security, public health or the protection of the

environment, the indemnity insurance cover or other means of personal

or collective protection with regard to professional liability in the

home Member State, as declared to the Warranting Board in terms of

article 9(2)(v), and sufficient to cover all those activities or services,

which according to the Laws of Malta may only be rendered by

warrant holders, which are carried out in Malta shall be deemed to

satisfy the requirements of this article.

(2) The professional indemnity insurance referred to in sub-article

(1) shall

(a)

be appropriate to the nature and extent of the risk;

(b)

provide indemnity for liabilities arising from all the

activities and services of the warrant holder or partnership,

which according to the Laws of Malta may only be rendered by

warrant holders, provided at any time during the period of

insurance and at least for the five (5) years immediately prior to

the beginning of the policy, or the date of warrant if less than five

(5) years;

(c)

provide indemnity for claims arising from the

liabilities referred to in paragraph (b) during the period of

insurance and for a period of not less than five (5) years

following the cessation of the policy as a result of the retirement

or when the warrant holder stopped holding a warrant

Provided that when a warrant holder has carried out activities

or provided services, which according to the Laws of Malta may only

be rendered by a warrant holder, while in employment in accordance

with article 17, the employer shall continue to provide professional

indemnity cover for the warrant holder in his employment for the entire

professional liability period, even if the employment of the warrant

holder is for any reason terminated.

(3) The provisions of sub-article (1) shall not apply to a warrant

holder who is employed by the public administration in respect of any

activities or services, which according to the Laws of Malta may only

be rendered by a warrant holder, and which he provides in the name of

the public administration within the scope of his employment and this

because the public administration is responsible for the obligations of

the warrant holder that arise from sub-article (1), even if such

employee does not remain employed in the public administration

For the purpose of this sub-article, "public administration"

means the Government of Malta including the ministries and

departments, the specialised bodies and the agencies, Government

entities and the organizations in which Government has a controlling

interest, whether or not such organization is established by law.

(4) Every warrant holder or partnership required to be covered by

an indemnity insurance under this article shall each year inform the

Kamra in writing of the name of the insurance company, the relative

number of the insurance policy, provide documentary evidence from

the insurance company that such person or firm is actually covered by

the identified policy of insurance, and shall declare to the Kamra that

such level of insurance cover amounts to not less than such minimum

level as may be prescribed in regulations made by the Minister under

this Act

Provided that any warrant holder or partnership that opts

instead to be covered by any other means of personal or collective

protection shall submit all relevant documentation to the Kamra for its

review to confirm compliance with the minimum level of protection

prescribed in the aforementioned regulations

Provided further that the provisions of sub-article (1) shall not

apply to a warrant holder who submits a letter to the Kamra declaring

that he is not providing any activity or service, which according to the

Laws of Malta may only be rendered by a warrant holder, submits

documentary evidence in accordance with this sub-article confirming

compliance with sub-article (2), and surrenders the stamp to the

Kamra

Provided further that in each case, the Kamra is to accept the

warrant holder’s declaration without the need to question or request

other clarifications

Provided further that in each case the warrant holder shall

inform the Kamra tal-Periti in accordance with the requisites indicated

in sub-article (4) regarding the cover in respect of activities and

services, which according to the Laws of Malta may only be rendered

by a warrant holder, done or provided prior to his cessation of practice

of the profession, and this for each remaining year which, according to

this Act, he is obliged to be covered by a professional indemnity

insurance.

(1) A warrant issued under the provisions of this Act may

be withdrawn or canceled by the Warranting Board, at the request of

the warrant holder.

(2) Notwithstanding the provisions of sub-article (1), a fresh

warrant may be issued at any time, provided that a period of ten (10)

years has not elapsed from the date that such warrant was withdrawn

or canceled, if the conditions for such issue are satisfied and provided

that the Warranting Board is consulted and finds no objection.

(3) If the time period of ten (10) years referred to in sub-article

(2) has elapsed, then the applicant would have to satisfy the

requirements set out in article 3(2).

(4) The responsibilities and liabilities for anything done or

omitted to be done during the period in which a professional was a

warrant holder, shall not cease following the surrender of the warrant.

The obligation to maintain insurance cover in accordance with article

18 shall continue to apply.

(1) A registration of a partnership of warrant holders issued

under the provisions of this Act may be dissolved or amended, at the

request of the partnership, provided that the requirements of sub-

article (2) are fulfilled.

(2) The responsibilities and liabilities for anything done or

omitted to be done during the period in which a partnership was in

existence shall not cease following its dissolution or amendment and

shall continue to be jointly and severally effective for each and every

partner in accordance with this Act and other relevant laws unless the

partnership agreement stipulates otherwise to the satisfaction of the

Warranting Board. The obligation to maintain insurance cover in

accordance with article 18 shall continue to apply.

(1) The Warranting Board shall within one (1) month from

when the warrant holder is notified, abide by the decision of the Periti

Professional Conduct Board or, in the case of an appeal therefrom, the

decision of the Court of Appeal.

(2) The Warranting Board shall notify the revocation of a warrant

or cancellation of registration or suspension of the certificate to

practise, as the case may be, in the Gazette.

(1) Where a warrant issued under this Act is revoked or the

certificate to practise issued under this Act is suspended, the person to

whom the warrant or certificate to practise was issued shall cease to be

the holder of such warrant, or shall be suspended from the exercise of

his profession as the case may be, and he shall cease or suspend the use

of the designation Perit.

(2) Notwithstanding such suspension of the certificate to practise

or the revocation of the warrant as provided for in the preceding sub-

clause, the responsibilities and liabilities for anything done or omitted

to be done during such period when the warrant was active shall

continue to be in effect in accordance with this Act and other relevant

laws.

(3) Upon the cancellation or suspension of the registration of a

partnership of warrant holders, the members of that partnership and the

partnership shall cease to act in the name and on behalf of the

partnership and the partnership shall cease to use the designation

Periti.

TAQSIMA VIII

Appeals, Disqualification, Prohibited Agreements and Offences

(1) (a) Decisions of the Warranting Board or the Council Appeals from

of the Kamra tal-Periti envisaged under this Act shall be subject to an decisions

Board.

appeal before the Administrative Review Tribunal established by

article 5(1) of the Administrative Justice Act.

(b) When any person is dissatisfied with any decision of the

Warranting Board or of the Council of the Kamra tal-Periti taken in

his regard, he may appeal to the said Tribunal against such decision on

points of fact and points of law by not later than twenty (20) days of

service upon him of the decision.

(c) The Administrative Review Tribunal may, in its

determination on any appeal entered in accordance with sub-article

(1), confirm, reverse or vary, in whole or in part, the original decision.

(2) Decisions of the Periti Professional Conduct Board shall be

subject to an appeal before the Court of Appeal as contemplated in

article 14(1).

(1) A conviction by any court in Malta for any crime liable Disqualification

to imprisonment for a term exceeding one (1) year, shall be a cause of and

of warrant

prohibition to obtain or retain the warrant.

holder.

(2) Such prohibition shall, in the case of a warrant holder, be

declared by the Warranting Board by notice published in the Gazette

and shall be communicated to the person thus disqualified, unless he

has been interdicted by the judgment itself.

(3) The warrant holder shall within fifteen (15) days from the

judgment, inform the Warranting Board of his conviction. Failure to do

so shall be considered to be an offence and shall on conviction be liable

to a fine (multa) of three thousand euro (€3,000).

(4) When the name of a perit has been erased from a register, the

Warranting Board may, either after an application to that effect by the

person concerned or otherwise of its own motion if there is agreement

with the Council of the Kamra, direct his name to be restored to the

appropriate register

Provided that when an application is made by the person

concerned in terms of this sub-article, the Warranting Board shall give

the opportunity to the person concerned to make verbal and, or written

submissions to support his request

Provided further that when the Warranting Board decides to

refuse an application made by the person concerned in terms of this sub-

article, it shall state in detail why the restriction imposed is strictly

necessary to preserve public interest.

Any agreement or arrangement purporting to exempt a

warrant holder or a partnership of periti from any liability,

responsbility or duty under this Act or under any other law, or to

relieve them therefrom, or, except under any indemnity insurance as

provided under article 18, to indemnify them against any such liability,

responsbility or duty shall be null and void

Provided that this article shall not be construed to mean that a

warrant holder or a partnership of periti cannot choose to delegate any

of its professional duties and responsibilities to another warrant holder

or a partnership of warrant holders by mutual agreement in writing.

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

warrant, or registration of a partnership of warrant holders, under the

provisions of this Act, gives wrong information or otherwise acts in a

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

on conviction, be liable to a fine (multa) not exceeding two thousand

five hundred euro (€2,500) or to imprisonment for a term not

exceeding twelve (12) months or to both such fine and imprisonment.

(2) Any person who, not being the holder of a warrant, assumes

or uses the designation Perit, or in any manner indicates that he is

entitled to exercise the profession shall be guilty of an offence and

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

thousand two hundred fifty euro (€1,250) or to imprisonment for a

term not exceeding six (6) months or to both such fine and

imprisonment, and in respect of a second or subsequent offence to a

fine (multa) not exceeding twelve thousand five hundred euro

(€12,500) or to imprisonment for a term not exceeding two (2) years or

to both such fine and imprisonment.

(3) Any person who uses the designation Periti in relation to a

partnership of warrant holders, knowing that such partnership is not

registered in accordance with the provisions of this Act, or in any

manner whatsoever knowingly makes use of a name falsely implying

the existence of a partnership of warrant holders registered as

aforesaid shall be guilty of an offence and shall, on conviction, be

liable to a fine (multa) not exceeding one thousand two hundred fifty

euro (€1,250) or to imprisonment for a term not exceeding six (6)

months or to both such fine and imprisonment, and in respect of a

second or subsequent offence to a fine (multa) not exceeding twelve

thousand five hundred euro (€12,500) or to imprisonment for a term

not exceeding two (2) years or to both such fine and imprisonment.

(4) Any person who, not being the holder of a warrant in

accordance with the provisions of this Act, practises the profession

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

(multa) not exceeding five thousand euro (€5,000) or to imprisonment

for a term not exceeding six (6) months or to both such fine and

imprisonment, and in respect of a second or subsequent offence to a

fine (multa) not exceeding twelve thousand five hundred euro

(€12,500) or to imprisonment for a term not exceeding two (2) years or

to both such fine and imprisonment.

(1) The provisions of this Act establishing offences and Additional

punishments in respect thereof shall not affect the operation of any provisions

respect to

other law establishing offences and punishments in respect of the same offences.

acts or omissions and shall not, in particular, affect the application of

any higher punishment under any other law.

(2)

The provisions of the Probation Act shall not apply to this Cap. 446.

Act.

(3) For the purposes of this article, the use on any card,

letterhead, sign, board, plate, advertisement or other written, printed or

engraved device or electronic means, instrument or document, of the

word/s Perit, Perit Arkitett, Perit Inġinier Ċivili, Perit Arkitett u

Inġinier Ċivili and Periti or either of those words used in combination,

shall be sufficient evidence of the knowledge of such use by the person

in relation to whose name the said word is used, unless such person

proves that the use of such word was made without his knowledge and

that upon becoming aware of it, adequate steps were taken.

PART IX

Operative Provisions

The Minister shall, in agreement with the Kamra, make

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

generally to regulate the profession, provided that such regulations are

not inconsistent with the provisions of this Act and without prejudice

to the generality of the foregoing, such regulations may in particular

include provisions with respect to

(a)

updating the fines stipulated in this Act;

(b) the fees that may be charged by the Warranting Board

for the issue of a warrant or for the registration of a partnership

of warrant holders, or for copies thereof and the fees that may be

charged by the Kamra tal-Periti for the submission of a

complaint to the Kamra and for the processing of such complaint

and other administrative fees;

(c) the bringing into effect of the provisions of the

Mutual Recognition of Qualifications Act and subsidiary

legislation issued thereunder, in relation to the mutual

recognition of qualifications of Periti;

(d) the standards of professional conduct and practice

expected of warrant holders in a Code of Professional Conduct,

in order to maintain a high standard of service and professional

conduct, to maintain the prestige and status of the profession and

to safeguard the interests of the community;

(e) setting out the disciplinary actions which the Kamra

may impose upon a warrant holder where it is established that

the warrant holder has infringed the Code of Professional

Conduct;

(f) the procedures relating to continued professional

development (CPD), including the minimum requirements

applicable for the issuance of the certificate to practise;

(g) the professional indemnity insurance to be held by

warrant holders in accordance with article 18;

(h) the administration fee that shall be payable by

warrant holders to the Kamra subject to the regulations issued by

the Minister in accordance with article 12(7)(g);

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

Act to be prescribed.

Whenever the term "architect" is used in any other law it shall The term

have the same meaning assigned to it as "perit" as referred to in this Act. "architect".

(1) The Periti Act and all subsidiary legislation made Repeals.

thereunder, with the exception of the Chamber of Architects Cap.

390. Regulations, are hereby repealed.

(2) Any warrant granted before the coming into force of this Act

under the provisions of the Ordinance shall, notwithstanding anything

contained in this Act, remain in force after the coming into force of

this Act and shall be deemed to have been granted under this Act and

shall be governed by the provisions of this Act.

(3) The Chamber of Architects established by the Ordinance shall

continue as the Kamra tal-Periti referred to in article 12.

Passed by the House of Representatives at Sitting No. 445 of the

24th March, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€3.15