ACT No. XXXII of 2023 AN ACT to provide, in lieu of Part VIII of the Education Act (Cap.

I assent.

(L.S.)

GEORGE VELLA

President

21st July, 2023

ACT No. XXXII of 2023

AN ACT to provide, in lieu of Part VIII of the Education Act (Cap.

327), for the establishment, functions and purpose of the Malta

College of Arts, Science and Technology, establishing governing

bodies and principal officers thereof, the functions, composition and

powers of such governing bodies, providing for financial provisions

relating to the College, as well as providing for other 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 Malta College of Arts,

commencement.

Science, and Technology Act, 2023.

(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.

In this Act, unless the context otherwise requires

"academic units" means quality-assured and time-framed education

and training modules within programmes, which may include, but are

not limited to, work-based learning and apprenticeships;

"administrative affairs" means matters pertaining to the day-to-day

running of the College;

"apprenticeship" means systematic, long-term training alternating

periods at the workplace and in an educational institution, in the

voluntary sector or training centre. The apprentice is contractually

linked to the employer and receives remuneration (wage or allowance).

The employer assumes responsibility for providing the trainee with

training leading to a specific occupation;

"applied and impact research" means the process of establishing

new knowledge or exploring the feasibility of new or improved

technology, service or solution, based on a methodology used to solve

a specific, practical problem undertaken with the specific aim of

benefiting the industry in an impact oriented manner whether directly

or indirectly;

"Award" means study programmes of shorter duration which do not

fulfil the requirements in terms of the minimum credits required at the

respective level of the Malta Qualification Framework;

"Board of Governors" means the Board of Governors established by

article 9;

"body corporate" means a body having a distinct legal personality;

"body of persons" means any partnership, fellowship, society, or

other association of persons whether vested with legal personality or

not;

"College" means the Malta College of Arts, Science and

Technology as defined by means of article 3;

"Deputy Principal" means the person or persons designated by the

Principal to support his office in specific areas or sectors of the

College;

"employment" means any labour or work exercised by way of trade

or for gain, whether the gain be to the person employed or to any other

person, and whether the labour or work is done for wages or other

compensation or not, and "to employ" shall be construed accordingly;

"function" means any responsibility, power, obligation, and duty;

"Government entity" shall have the same meaning as assigned to it

in the Public Administration Act;

"industry" means any general business activity and commercial

enterprise which shall include but is not limited to sciences,

biotechnology, pharmaceuticals, advertising, creative arts and media,

construction, farming and agriculture, fashion, finance, information

technology, infrastructure, manufacturing, retail, robotics, artificial

i n t e l l i g e n c e , a e r o s p a c e t e c h n o l o g y, s p a c e t e c h n o l o g y,

telecommunications, as well as research and development;

"industry-driven and community based curricula" means curricula

based on a wide variety of instructional methods and programs utilised

to connect what is being taught to the needs of the Industry and the

surrounding community, which includes but not limited to, work-based

learning;

"MFHEA" means the Malta Further and Higher Education

Authority established by the Further and Higher Education Act;

"Minister" means the Minister responsible for education;

"MQF" means the Malta Qualifications Framework and shall have

the same meaning as assigned to it by article 63 of the Education Act; Cap. 327.

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

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

"person" includes a body of persons and any body corporate

established by law;

"President" means the person appointed in terms of article 18 to

preside over and chair the Board of Governors;

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

bye-law;

"Qualifications" means the substantial programmes based on

learning outcomes at the respective Level of the Malta Qualifications

Framework and having enough workload to meet the requirements

depending on the level as required by the Malta Qualifications

Framework;

"PHE" means higher education offered at MQF Levels 5 upwards

that offers profession-oriented education through close industry

collaboration, applied and impact-oriented research, and practice-

relevant knowledge that maintains the academic rigour;

"Principal" means the person appointed by the Board of Governors

to perform the duties indicated in article 21 and any person who

temporarily occupies that office;

"remuneration" means compensation in any form whether in money

or in kind;

"VET" means education and training offered at MQF Levels 1 - 4

that aims to equip people with knowledge, know-how, skills and, or

competences required in particular occupations or more broadly on the

labour market;

"VET provider" means an individual or body corporate who is the

administrator of work placements, apprenticeships and internships

providing vocational educational programmes at further education or

higher levels, as licensed by the Malta Further and Higher Education

Authority or is approved by international structures with qualification

recognised by the industry;

"Vice President" means the person appointed by the Minister in

terms of article 19, to act on behalf of the President and chair the

Board of Governors meetings in his absence or as directed from time

to time;

"VPET" means education and training which aims to equip persons

with knowledge, know-how, skills and, or competences required in

particular occupations or more broadly on the labour market. For the

purposes of this Act, VPET is an inclusive term which includes both

Vocational Education and Training (VET) and Professional Higher

Education (PHE);

"work-based learning" means the acquisition of knowledge and

skills through carrying out – and reflecting on – tasks in a vocational

context, either at the workplace (such as alternance training) or in a

VET institution.

PART II

Establishment, Functions and Purpose

of the College

The Malta College of Arts, Science and Technology, The Malta

established by public deed by the Government of Malta on the 11 of College

Science and

August of the year 2000, shall strive, function, and endeavour to Technology.

develop curricula, and design, provide, and deliver study VPET

programmes, Work-Based Learning and Apprenticeship, and to further

students’ education in the vocational and professional sectors, and

provide services that promote and enhance the College’s students’ and

employees’ well-being.

(1) The Malta College of Arts, Science and Technology, a Legal

Government entity, shall be a body corporate having a distinct legal personality

juridical

personality and shall be capable, subject to the provisions of this Act, representation

of the College.

of entering into contracts, of acquiring, holding, and disposing of any

kind of property for the purposes of its functions, of employing its

staff, of suing and being sued, of e stablish ing comm er ci al

undertakings, including limited liability companies, and conducting all

operations and entering into all such transactions as are incidental or

conducive to the exercise or performance of its functions under this

Act.

(2) The College is a public entity and its employees, whilst part of

the public sector, are not public officers or Government employees. The

structures relating to wages, grades, posts, appointments and

disciplinary procedures of the College’s employees are distinct from

those of the public sector unless otherwise specifically provided, this in

accordance with the Public Administration Act.

(3) The legal and juridical representation of the College shall vest

in the College’s Principal

Provided that the Board of Governors may appoint any one or

more of its members or of the officers or employees of the College to

appear in the name and on behalf of the College in any judicial

proceedings and in any act, contract, instrument or other document

whatsoever

Provided further that in order for the College to enter into

contracts pertaining to the acquisition or disposal of immovable

property under whichever title, a Board Resolution from the Board of

Governors shall be required.

Maltese and English are the official languages of the College. Official

The College administration may use either or both languages for languages.

official purposes.

(1) The main objective of the College shall be that of an

Education Institution which enables students to reach their potential.

The College shall endeavour to ensure that education is accessible and

available to all students, without discrimination, and to develop VPET

curricula and establish vocational education, facilities and

programmes of education and training, and of work and practical

experience which the College may deem necessary to provide all with

the opportunity to qualify in the vocational sectors taking into account

the socio-economic situation of Malta.

(2) The College shall, in a general manner, ensure connectivity

between the College, the community and the industry, in a manner

which mirrors the requisites of the industry in the content and running

of its educational programmes within and outside the College

Provided that the College shall provide programmes of studies

in VPET leading to qualifications at all levels of the MQF relevant to

industry.

(3) The College shall organise programmes of study including but

not limited to all the levels of the Malta Qualifications Framework.

(4) The College, as a VET provider, shall comply with the

provisions of the Work-Based Learning and Apprenticeship Act, or

any other subsequent and, or relevant legislation.

(5) The College shall endeavour and strive to achieve and

maintain the quality of its vocational and professional programmes and

apprenticeships at all levels of the MQF by establishing its own

internal quality assurance system and a validation system based on

external quality assurance as required by the relevant competent

national authority and as established by the relevant legislation.

(6) The College shall ensure, in such areas as may be possible and

according to the possibilities of the College, access to each person

regardless of academic qualifications, and shall have special

programmes to assist any person to achieve the required education, so

that such person may continue and terminate successfully such level

according to established standards, and with this aim the College shall

accredit prior learning.

(7) The College shall provide study programmes of vocational

and professional education and training to help persons acquire

Awards and Qualifications according to their needs through different

modes of delivery, including all forms of work-based learning and

apprenticeship as prescribed by the Work-Based Learning and

Apprenticeship Act.

(8)

The College shall

(a) embed all forms of work-based learning, particularly

apprenticeships, in vocational and professional education and

training programmes at MQF Level 4 and in higher education

qualifications;

(b) offer Awards and Qualifications at all levels of the

Malta Qualifications Framework;

(c) promote Malta’s vision as a hub of cultural,

industrial, commercial and services activity for other regions of

the world and in particular for the Euro-Mediterranean region;

(d) ensure that applied and impact-based research as well

as community-based curricula be at the core of all student

learning experiences, including in curriculum design and in the

development of study programmes;

(e) educate its students in being able to appreciate and

welcome the challenges and opportunities which the accelerated

process of the global economy is bringing along with it as a

result of the advances being made in the areas of communication,

culture, information technology, and science;

(f) promote as part of its holistic education different

modes of work based learning;

(g) promote an entrepreneurship culture through its

different programmes of study and by offering practical on-the-

job experience;

(h) cultivate a culture of open-mindedness, propriety,

good governance, creativity, and innovation in the pursuit of

excellence, and flexibility and space to do things differently,

sustained by commitment, dedication, and integrity at College, at

the students’ future place of work, and in the exercise of the

College’s students’ and personnel’s profession, taking into

account the students’ well-being;

(i) foster among students a commitment towards

occupational health and safety at the place of work;

(j) respond at a relevant time and in a relevant manner to

the needs of the labour market, by networking and effective

partnership at all levels of educational and training experience

with the educational, economic, industrial, cultural and services

sectors;

(k) foster the mindset, skills, and values conducive to

agile employability and lifelong learning and retraining of its

students;

(l) ensure the implementation of the principles of

inclusive education by providing an equitable access to all

persons in full respect of diversity;

(m) attribute the necessary importance to research

sustainable innovation and development in the areas of applied

arts, social sciences, engineering, science, and technology;

(n) develop programmes of study based on the concept

of lifelong learning;

(o) ensure that the quality and standards of study

programmes and of certificates awarded are recognised at both

national and international levels;

(p) be guided by the national policies and strategies as

adopted from time to time by Government;

(q) participate in bilateral and regional exchange

programmes and particularly in the educational and training

programmes, such as those of the European Union in which

Malta participates from time to time;

(r) develop flexible learning strategies through the

application of portfolio qualifications and the use of innovative

technologies and methodologies.

(9) The College shall collaborate and communicate with the other

National and International Educational Institutions, public and private

institutions and organisations, the national employment agency, civil

society, trade union organisations, chambers of commerce, business,

trade, recognised trade unions who represent employees of the College

and Industry associations, and the other national competent authorities

which participate in the social and economic development of Malta.

(10) The College shall establish associate academies and institutes

as the Board of Governors may deem appropriate.

The College shall

(a) through education and training in the subjects of arts,

science, technology, technical knowledge and trades, guide

students enrolled in any of its study programmes in the

development of the required competences and proficiency for the

exercise of jobs, professions and callings in the economic,

industrial, and services sectors;

(b) on its own, or together with other institutions,

whether public or private, local or foreign, organise such study

programmes of instruction and training as it may deem necessary

or expedient;

(c) on its own, or together with other institutions and

organizations, organise such cultural, sports, and pastoral

activities for the better formation and enrichment of an

individual’s personality;

(d) establish such entities, institutes, departments,

centres, research hubs and programmes which it may deem

necessary and shall supervise the administration thereof;

(e) establish the conditions for admission to the

respective programme of studies and training, and of practical

and work experience and prescribe the required regulations

concerning examinations and the modalities of education and

training in such study programmes;

(f) provide for adequate procedures for the certification

of persons who have reached the necessary proficiency in the

several areas of study and training;

(g) offer such Awards and Qualifications or other

distinctions which it may deem suitable to such candidates who

satisfy the prescribed conditions after following the required

study programmes or having pursued distinguished careers in the

arts, science and technology;

(h) establish the lecturing, teaching, training posts and

administrative posts as may be required from time to time and

appoint persons to such posts;

(i) establish and maintain as due, libraries, laboratories,

workshops, services and other facilities required for teaching,

training, experimentation, research and the dissemination of

knowledge;

(j) establish internal auditing schemes which ensure the

quality of education and training being imparted and the

effective use of resources;

(k) make regulations concerning the performance and the

conduct of students, lecturers and other persons entrusted with

rendering any service at the College, whether engaged by an

indefinite or a definite contract of service, or by a contract for

services, or if seconded or on loan to the College by government,

public or private entities;

(l) make regulations to safeguard the health and well-

being of all parties mentioned in paragraph (k);

(m) establish policies and procedures to ensure student

retention and promote their academic and educational success;

(n) administer the property, resources, and funds allotted

to it from time to time by the Government with an aim of

accomplishing the College programmes, including such other

funds as it may receive or raise from other sources;

(o) do anything required to be done so as to accomplish

its objectives according to this Act and in accordance to

directives given by the Minister in pursuance of general

Government policy.

(1) The College shall have the power to make statutes,

regulations, and bye-laws in order to provide for its own

administration and for the administration of its activities and of the

entities created by it.

(2) Statutes shall be made by the Board of Governors and shall

bind the whole College as well as the entities created by it.

(3) Regulations shall be made by the Vocational and Professional

Council and shall provide for matters of an academic nature and shall

bind the whole College.

(4) Bye-laws shall be made by the Boards of Studies and shall

provide for matters of an academic nature and shall bind the Institute

represented by the Board of Studies that made those bye-laws.

(5) The Vocational and Professional Council may, on the advice of

the Board of Governors, make a statute that provides for a matter of an

academic nature, and, or may amend or repeal, in whole or in part, such

statute, however if such advice is not tendered within the term

established by the Council, which term shall in no case be less than

twenty-one (21) days from the date of the said request, the Council may

make that statute or amend or revoke it without that advice.

(6) Statutes, regulations and bye-laws made by the competent

governing bodies of the College in accordance with the provisions of

this Part shall be promulgated and published to have the force of law

Provided that the subsidiary legislation herein mentioned

shall as soon as it is promulgated and published, be laid on the Table of

the House in accordance with article 11 of the Interpretation Act.

(7) Any power given by this Act for the making of statutes,

regulations or bye-laws by the competent governing body of the

College shall be construed as including a power, exercisable in the like

manner and subject to the like consent and conditions, if any, to

rescind, revoke, amend, or vary the statutes, regulations or bye-laws,

and such power shall be exercisable without prejudice to the making of

new statutes, regulations or bye-laws.

PART III

The Governing Bodies and Principal Officers

of the College

(1)

The governing bodies of the College shall be the Governing

bodies and

following

officers of the

College.

(a)

the Board of Governors;

(b)

the Vocational and Professional Council;

(c)

the Administrative Council;

(d)

the Boards of Studies.

(2)

The non-executive principal officers of the College are

(a)

the President of the Board of Governors;

(b) the Vice-President and members of the Board of

Governors.

(3)

The executive principal officers of the College are

(a)

the Principal of the College;

(b)

the Deputy Principals of the College;

(c)

the Registrar;

(d)

the Institute Directors.

(4) There shall be other officers, in addition to those listed under

sub-article (3), as may be established by the Board of Governors from

time to time. Such officers shall all be answerable to the Principal of

the College for the conduct of their respective duties.

(1) The Board of Governors shall be composed of not less

than eleven (11) and not more than thirteen (13) members who, unless

otherwise specifically provided for in this Act, shall be appointed for a

period of three (3) years and the members shall be eligible to be re-

appointed for a further period of three (3) years, only once after their

first term of office expires, up to a total maximum term of six (6)

years.

(2)

The Board of Governors shall consist of the following

(a)

the President appointed in accordance with article 19;

(b) the Vice-President appointed in according with

article 20;

(c)

the Chairperson of Malta Enterprise;

(d)

the Chairperson of the National Skills Council;

(e) the Permanent Secretary of the Ministry for

Education;

(f) a representative elected by and from the students of

the College who shall hold office for a term not exceeding one

(1) year;

(g) two (2) representatives elected by and from the

employees of the College, which shall consist of one (1)

representative elected from the academic employees and one (1)

representative elected from the non-academic employees;

(h) three (3) members nominated by the Minister in

consultation with the President amongst whom there shall be

representatives of employers, employees, and civil society, and

who, in the opinion of the Minister, possess: the necessary

academic qualifications; professional experience; knowledge of

the Maltese and global Industry and of the global evolution of

work and technology; leadership qualities to develop and

strengthen the good governance of the College; and who have an

understanding of vocational education and the national and

international labour market within the context of creating an

open-minded, democratic, fair, prosperous, diverse, and

inclusive society

Provided that at least one (1) of the members of the Board of

Governors shall be a person with a disability as defined by the Equal

Opportunity (Persons with Disability) Act.

(3) The Principal of the College shall have the right to attend the

meetings of the Board without having a right to vote, provided that he

shall withdraw from each meeting where matters connected with his

performance or contract of work are discussed.

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

having competence or experience in the education sector, vocational

education, the cultural sector, the economy, industry and services

sectors or in the social sectors, and who, in the opinion of the Minister,

possess leadership qualities, and have an understanding of the

importance of vocational education and training within the context of

general socio-economic and democratic development.

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

removed from office by the Minister, after consultation with the

President, on the grounds of inability to perform the functions of his

office as required, either because of mental or physical illness, or upon

the Board’s recommendation that such member is deemed to be

disruptive and, or a source of frequent conflict causing hindrance to

the proper functioning of the Board of Governors, or for any other

reason due to which the member would no longer be fit to occupy such

office, which shall include a breach of confidentiality.

(6) A member of the Board of Governors may resign from his

office through a letter addressed to the Minister. If any member tenders

his resignation or is removed from his office by the Minister, in

consultation with the President, or should the office of any member of

the Board become in any manner vacant, the Minister, after

consultation with the President, may appoint a qualified person to take

up this post and any person who is so appointed shall keep on

occupying that post up to the termination of the term of office of the

person being so substituted and such person shall be eligible to be re-

appointed subject to the limitations of sub-article (1).

(7) A member of the Board of Governors having a direct or

indirect interest in any contract made or proposed to be made by the

Board of Governors, or any financial interest or otherwise in any

enterprise or activity which may affect the performance of his

functions as a member in this Board, shall declare his interest in

writing during the first sitting of the Board of Governors. A

declaration of interests of members of the Board of Governors will be

registered in the minutes of the Board meeting, and the Board member

concerned shall withdraw from the meeting while such contract or

matter in which he has an interest is being discussed. Declarations of

interests are to be communicated to the Minister without delay. When

such interest as the member may have is such that it may lead to his

removal from office, the member shall immediately report the fact to

the Minister and offer to tender his resignation, without prejudice to

the Minister’s power to remove such member from the Board.

(8) Any absence or vacancy among the members of the Board of

Governors, or any participation in its meetings by any person who is

not entitled to such act, does not invalidate the procedures of the

Board, insofar as there is a quorum of not less than one-half of the

number of members of the Board plus one.

(9) Subject to the provisions of this Act and of any regulations

made thereunder, the Board of Governors may appoint non-executive

committees with established terms of reference.

(10) The Board of Governors shall take all necessary precautions

and treat all information including but not limited to information

passed on to them during or in anticipation of Board of Governors

meetings as highly confidential in its relations with both public and

private institutions.

(11) The Board of Governors may engage the services of non-

executive Senior Advisors to provide objective and independent

advice in order to assist the Board of Governors in its work. The said

Senior Advisors shall report to the Board of Governors

Provided that the number of Senior Advisors shall not exceed

three (3) per one (1) calendar year.

(12) The Minister may, after consulting the President, make

regulations regarding the procedures to be adopted by the Board of

Governors in the course of its operations.

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

body of the College and shall have the duty of performing the

objectives and to exercise the powers of the College as laid down in

the provisions of this Act, and shall in particular have the following

functions

(a) to acquire and control the resources, facilities and

property, both movable and immovable, of the College

Provided that insofar as immovable property is

concerned, the College and, or any of its Principal Officers shall

be precluded, both ipso facto and ipso jure, from alienating,

transferring, selling, hypothecating or otherwise burdening and,

or encumbering such property and, or from assigning any rights,

obligations and, or title thereto to third parties to further such

third parties’ private, commercial, financial and, or profit-

making interests to the detriment of any above-mentioned

educational purposes and associated support services in line with

the College’s purposes and functions as outlined in article 7

Provided further that the Board of Governors may

resolve to allow an exemption to this restriction should a

decision of the Board of Governors be taken by unanimous vote

when all of its members are present. The objective criteria and

reasons upon which the Board has based its decision shall be

explicitly and expressly minuted on pain of nullity of its

decision;

(b) to facilitate relations with the Industry and to ensure

the continuous connectivity between the College and the

Industry as to be able to reflect the exigencies of the Industry in

the College’s methods, educational programmes and curricula;

(c) to approve the establishment of associate academies

and institutes for the due performance of the educational and

training tasks and of interdisciplinary co-operation;

(d)

to approve the three-year Strategic Plan of the

College;

(e) in support of the three-year strategic plan, to approve

and ensure the execution of a three-year financial plan to

approve the yearly budget of the College in line with the three-

year strategic plan, which financial plan shall include a human

resources plan;

(f) to supervise the expenditure and the administration

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

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

(g) to appoint, after a public call, a Principal and, on his

advice, to also appoint the executive or senior managerial

positions within the College;

(h) to set up and abolish, on the advice of the Principal,

any post of an academic and administrative nature within the

College;

(i) to make statutes, rules and other procedures, of a

non-academic nature, in terms of the provisions of this Act;

(j) together with the Vocational and Professional

Council, to ensure that proper education levels are retained and

improved on, and to establish and supervise internal auditing

schemes which ensure the quality of education;

(k) to facilitate agreements as appears necessary with

sectors of economic activity in the country and with institutions

in Malta and overseas for the better achievement of the

objectives of the College;

(l) to establish and oversee the operations of the Internal

Audit Office whose main function shall be the assurance of the

proper functioning and good governance in the day-to-day

operations of the College.

(2) The Board of Governors shall oversee that the qualification

degrees, diplomas, awards, and certificates of the College are

recognised both at a national and at an international level, and that,

wherever applicable, are related to the standards established by the

MFHEA.

(3) The Board of Governors shall meet to focus on strategic

orientation and strategic decisions. The Board shall meet as necessary,

however not less than once every two (2) months with a quorum of not

less than half of the number of members of the Board plus one.

(1) There shall be a Vocational and Professional Council

which shall create, administer and monitor all education and training

activities of the College including part-time commercial and non-

commercial study programmes.

(2) The Vocational and Professional Council shall have full

authority over the quality and standards of Awards and Qualifications

offered by the College.

(3) The Vocational and Professional Council shall be constituted

of the following members

(a)

the Principal, who presides ex officio;

(b)

the Deputy Principals, ex officio;

(c)

the Registrar, ex officio;

(d) two (2) members representing the industry appointed

by the President;

(e)

two (2) members appointed by the Minister;

(f)

the Directors of all the Institutes ex officio;

(g)

the Director, Education and Training Programmes;

(h)

the Director, Quality Assurance;

(i)

the Director, Student Services;

(j) two (2) members elected by and from amongst the

full-time academic staff;

(k) two (2) members elected by and from amongst the

students who shall hold office for a term not exceeding one (1)

year

Provided that personnel responsible for different academic

functions may be invited to the meeting, as necessary.

(1) The Vocational and Professional Council shall be Functions of the

responsible for the general direction of the academic, vocational and Vocational

Professional

professional education and training of the College, and shall have the Council.

following functions

(a) to ensure that the policies, strategy and decisions

adopted by the Board of Governors in terms of article 10 are

implemented;

(b) in line with the three-year strategic plan, prepare a

three-year academic plan based on the plans prepared and

submitted by each academic unit and ensure its execution;

(c) to regulate by means of policies and procedures the

programmes of studies, training, research, documentation and

examinations at the College and to establish such degrees,

diplomas, certificates and awards for such candidates satisfying

the prescribed conditions after following the required study

programmes;

(d) to decide about the persons to whom the academic,

vocational and professional degrees, diplomas, certificates and

other distinctions shall be awarded;

(e) to establish, subject to the provisions of this Act, the

entry conditions to the College, including those of part-time

study programmes;

(f) to appoint Maltese or foreign examiners according to

pre-established statutes and procedures, and to ensure that

payment is effected for their services;

(g) to recognise, following a recommendation by the

competent authorities according to law, such degrees, diplomas,

certificates and distinctions of other universities or educational

institutions;

(h) to approve the curricula and the syllabi submitted by

the academic units and, where it deems it so necessary, to revert

same with its advice about any proposed amendments;

(i) to recommend to the Board of Governors the

establishment of new vocational and professional academic units

leading to qualifications at all MQF levels which may include

the introduction of new subject matter;

(j) to present to the Board of Governors, with the launch

of each prospectus, an annual proposal of all academic units

forecasted to be removed, retained and introduced in the

prospectus of the following year;

(k) to ensure positive and active relations between the

College and its professional and educational partners in Malta

and overseas;

(l) to give advice to the Board of Governors on

academic and professional matters.

(2) The Council shall meet at least every six (6) weeks and the

quorum for the meetings shall be of not less than one-half of the

number of members plus one.

(1) There shall be an Administrative Council of the College,

which is answerable to the Board of Governors, which shall be inter

alia constituted of the following persons

(a)

the Principal, as Chairperson;

(b)

the Deputy Principals;

(c)

the Registrar;

(d)

the Financial Controller

Provided that Directors and Deputy Directors responsible for

different administrative functions may be invited to the meeting, as

necessary. Directors may also appoint Deputy Directors to substitute

them during these proceedings.

(2) The Deputy Principal responsible for the Administration of

the College shall act as Secretary to the Administrative Council.

The Council shall meet at least every six (6) weeks in order Functions of the

Administrative

Council.

(a) ensure that the policies, strategy and decisions

relating to administrative affairs adopted by the Board of

Governors are implemented;

(b) propose policies, strategies and decisions relating to

administrative affairs to be adopted by the Board of Governors to

oversee the preparation of the three-year Financial Plan for the

Board of Governors’ approval;

(c) oversee the preparation of the yearly Human

Resources Plan;

(d)

approve and monitor the yearly Communications

Plan;

(e) monitor the Financial Plan and the Human Resources

Plan, as approved by the Board of Governors;

(f) ensure that recruitment within the College is carried

out in a fair and transparent manner and according to laws and

regulations as may come into force from time to time;

(g)

monitor all staff movement within the College;

(h) approve all policies relating to the College’s

Administration;

(i) administer the use of all College facilities whether

for commercial or non-commercial purposes;

(j) establish grievance policies and procedures, monitor

their compliance, and oversee the workings of the Grievance

Office.

(1) There shall be a Board of Studies for each academic Composition of

the Board of

Institute or Section to be constituted of the following members

Studies.

(a)

the Director of such Institute shall be the chair ex

officio;

(b) the Registrar, or a representative of the office of the

Registrar, ex officio;

(c) the Deputy Director of the relevant section/s of the

Institute/Unit ex officio;

(d) the Institute Vocational Co-ordinators of the relevant

academic units/sections;

(e) two (2) members elected by and from among the full-

time lecturers of the academic unit;

(f) one (1) student representative elected by and from

amongst the students of the academic unit who shall hold office

for a term not exceeding one (1) year;

(g) one (1) member representing the industry appointed

by the President;

(h)

two (2) members representing the Minister

Provided that there shall be a minimum of one (1) Board of

Studies for each Institute

Provided further that the Deputy Principal whose

responsibility includes the particular Institute or Section, and the

Deputy Principal whose responsibility includes the Registrar’s Office

shall have a right to be informed of and attend the meetings of the

respective Boards of Studies

Provided further that personnel responsible for different

academic functions within the Institute or Unit may be invited to the

meeting, as may be necessary.

(2)

Without prejudice to article 18

(a) the elections mentioned in paragraph (e) of sub-

article (1) shall take place once every three (3) years provided

that the same representative may be re-elected;

(b) the elections mentioned in paragraph (f) of sub-

article (1) shall take place once per academic year provided that

the same representative may be re-elected.

(3) The designated Deputy Principal shall have the right to

convene a meeting of the Board of Studies of any academic unit

whenever he may deem necessary and in such cases he shall preside

the meeting.

(1)

The Board of Studies shall have the following functions

(a) to develop and direct an academic plan for the

academic unit;

(b) to approve and oversee all full and part-time

curriculum programme matters at the Institute;

(c) to draft and propose bye-laws relating to the

respective academic unit in terms of the provisions of this Act;

(d) to advise and support the Principal in providing

administrative, academic, training and development operations

within the College;

(e) to nominate examiners for consideration for approval

of the Vocational and Professional Council;

(f) to propose research and continuous professional

development projects to the Vocational and Professional

Council.

(2) Policies and procedures which are made by the Board of

Studies shall be sent to the Vocational and Professional Council for its

approval and shall not be presented to the Board of Governors to be

considered unless the Vocational and Professional Council only gives a

conditional approval.

(3) The Boards of Studies shall meet at least once every six (6)

weeks and the quorum of the meetings shall be of fifty per cent plus

one.

(1) Any appointed or elected person holding office on a Common

governing body of the College shall, unless otherwise specifically provisions

the governing

provided elsewhere in this Act, hold such office for a period of three bodies

College.

(3) years

Provided that any person holding office on a governing body

of the College shall continue to hold that office, notwithstanding such

person having terminated the relative period, until the time when an

election is held or another person is appointed to occupy that office in

his stead

Provided further that any nominated or elected person holding

office on a governing body of the College may not, whether

concurrently or subsequently, hold office of any other governing body

of the College.

(2) Any governing body of the College may act notwithstanding

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

there were no such vacancy.

(3)

Any matter proposed for decision at any meeting of any

governing body of the College shall be determined by a majority of the

votes of the members present and voting, and, if on any such question

the votes are equally divided, the presiding member shall have and

exercise a casting vote.

(1) The President shall be appointed for a term of three (3)

years by the President of Malta, acting in accordance with the advice

of the Prime Minister, after consulting with the Leader of the

Opposition, which person shall be chosen on account of his

involvement, in-depth knowledge, and experience in education and the

industry as defined in article 2.

(2) The President shall be the most senior official of the College

and shall be responsible for leading the College to comply with this

Act and with national educational strategic policy as the official

guardian of all established good governance policies and procedures at

the College.

(3) The President shall promulgate the statutes, regulations and

bye-laws of the governing bodies of the College and may revert once

to any governing institution such statutes, regulations, and bye-laws

which in his opinion are not in compliance with the laws of Malta.

(4) The President may in the event that there is no Principal or

Principal-Designate to fulfil the duties of Principal as outlined in

article 22, due to force majeur, appoint any one of the Deputy

Principals to carry out such duties until such time when the Principal

can resume his duties or a new Principal is appointed in terms of the

provisions of this Act

Provided that the President shall, within five (5) working days

of appointment of the Principal, convene an emergency Board of

Governors meeting in order to ratify the temporary appointment.

(1) The Vice-President shall be appointed by the Minister

for a term not exceeding three (3) years, following consultation with

the President.

(2) Whenever the office of President is temporarily vacant, and

until a new President is appointed, and whenever the holder of such

office is absent from Malta or on vacation or is for any reason unable

to perform the functions conferred upon him by this Act, those

functions shall be performed by the Vice-President.

(3) The Vice-President shall also perform the functions of the

President whenever required to do so in writing by the President.

(1) There shall be a Secretary to the Board of Governors The Secretary to

who shall be chosen by the Board of Governors, after being nominated the

Governors.

by the President following consultation with the Principal.

(2) The Secretary to the Board of Governors shall keep minutes

as required of each Board of Governors meeting and shall perform the

duties of liaison officer between the President and, or the members of

the Board of Governors and the Principal of the College.

(1) The Principal, without prejudice to the powers vested in The Principal.

the governing bodies of the College by the provisions of this Act, shall

have all the powers necessary for the governance and administration of

the College, including the power to make such necessary appointments

of officers and employees having an academic or technical background

or of any other kind, for such period, under such conditions and in

accordance with good governance policies and procedures established

by the Board of Governors, including the power to decide upon any

urgent matter of an educational or other nature

Provided that any such aforementioned decision affecting any

power or function vested by this Act in a governing body of the

College shall be registered by the Principal and put on the agenda of

that governing body in its first meeting after such decision.

(2) The Principal shall exercise authority over the teaching staff,

examiners, students, examination candidates, College employees, and

whosoever is entrusted with rendering any service, whether

commercial or non-commercial, to the College, and he shall enforce

discipline and the strict observance of the provisions of the Act, of the

Statute of the Institutes, bye-laws and other rules made by the

competent bodies of the College.

(3) The Principal shall confer the Awards, Qualifications and

other distinctions of the College.

(4) The Principal shall ensure that, insofar as it depends on him,

the governing bodies are regularly constituted, and that he provides for

the organisation of such elections required by this Act, including that

they actually be held as established and without undue delay.

(5) The Principal shall ensure that the governing bodies meet

regularly as established by this Act and shall be responsible for the

planning and coordination of the activities of the different educational

and training bodies and institutions and for the performance of the

decisions of the competent authorities of the College.

(6) The Principal shall appoint and employ, through public calls,

such employees as may from time to time be necessary for the due and

efficient discharge of the functions of the College, under the terms and

conditions as may be established from time to time by the Board of

Governors, and without the need for any other formalities as may be

from time to time be established in terms of the Public Administration

Act.

The Deputy Principals shall perform such functions as are

delegated to them by the Principal, including that they act on his behalf

as may be necessary.

The Registrar shall

(a) assist the Principal or his delegate in the day to day

administration of the academic, educational and training

programmes of the College, and he shall be responsible for the

execution of the instructions of the Principal or his delegate;

(b) keep the College seal and also sign all documents on

which the College seal is applied;

(c) sign the documents which certify the academic and

vocational Awards and Qualifications conferred by the College

and keep a full record thereof;

(d) act as secretary to the Vocational and Professional

Council and, either directly or through a delegate, to the

Institutes’ Boards of Studies;

(e) be responsible for the records of all examinations

held by the College and for the proper safekeeping of such

records, and for keeping updated copies of the statutes,

regulations and bye-laws;

(f) keep the rolls of the members of the Board of

Governors, the Vocational and Professional Council, Institute

Boards of Studies, examiners and students;

(g) keep records of the educational and training activities

of each student;

(h) be responsible, after consultation with the Deputy

Principals, for suitable arrangements about the teaching time-

table; and

(i) carry out such other duties as may be called for by

the Principal according to the exigencies of the College.

The Institute Directors shall perform such functions as are The Institute

assigned to them by the Principal including that they provide Directors.

leadership to the Institute by managing both the strategic and

operational requirements.

PART IV

Financial Provisions

(1) The Board of Governors, through the Administrative Financing and

Council, shall during each financial year ensure the preparation and control

College

adoption of a budget of the revenue and expenditure of the College for finances.

the following year.

(2) The Board of Governors, through the Administrative Council,

shall ensure that a three-year financial plan (reflecting the three-year

strategic plan) is prepared, updated regularly and executed.

(3) The Board of Governors, through the Administrative Council,

shall ensure the proper keeping of accounts and other records

concerning its operations and transactions, and shall ensure that a

relative statement of accounts is prepared for each financial year.

(4) The College accounts shall be audited by warranted qualified

auditor or auditors appointed by the Board of Governors from time to

time, while the financial administration of the College shall be subject

to auditing by the Auditor General.

(5) The Board of Governors shall, by not later than six (6) months

from the closing of each financial year, ensure that a copy of the

audited statement of accounts, together with a report of the activities

during that year of the College, is sent to the Minister together with a

copy of the report made by the auditor or auditors about that statement,

and the Minister shall without undue delay cause such statements and

reports to be laid on the Table of the House.

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

prescribed in its protocols or deemed to be prescribed by or under the payments.

Act and, or these regulations, or any other law related to the powers

and functions of the College.

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

Consolidated Fund such sums as Parliament authorises to be

appropriated to meet the costs of specified works to be continued and

for the day to day operation and management of the College.

(1) The College shall cause to be prepared in every Financial

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

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

College for the next following financial year.

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

account of any funds and other moneys that may be due to be paid to it

out of the Consolidated Fund during the relevant financial year,

whether by virtue of this Act or of an Appropriation Act or of any

other law and the College shall so prepare the said estimates as to

ensure that the total revenues of the College are at least sufficient to

meet all sums properly chargeable to its revenue account, including,

but without prejudice to the generality of that expression, depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparisons with previous years as

the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

College, be sent forthwith by the College to the Minister and to the

Minister responsible for finance.

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

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

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

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

session), cause such estimates to be laid on the Table of the House

together with a motion that the House approves the said estimates.

(1) All monies received by the College shall be paid into a

bank or banks appointed as bankers of the College by a resolution of

the Board of Governors of the College. Such monies shall, as far as

practicable, be paid into any such banks from day to day, except such

sum as the College may authorise to be retained to meet petty

disbursements and immediate cash payments.

(2) All payments out of the funds of the College, other than petty

disbursements not exceeding a sum to be fixed by the College, shall be

made by such officer or officers of the College as it shall appoint or

designate for that purpose.

(3) Cheques against and withdrawals from any bank account of

the College shall be signed by the Principal, or such other member or

officer of the College as may be authorised by the Board of Governors

of the College for that purpose.

The College shall also make provision with respect to

(a) the manner in which, and the officer or officers by

whom, payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

into which the monies of the College are to be paid, and the

transfer of funds from one account to the other;

(c) the method to be adopted in making payments out of

funds of the College; and any matter relevant to the proper

keeping and control of the accounts and books, and the control of

the finance, of the College;

(d) the submission of annual management accounts

approved by the Board of Governors.

PART V

Miscellaneous

The proper official dress which the principal officers of the Official dress.

College academic staff, graduates, students and other members of the

College are expected to wear on official occasions shall be prescribed

b y r e g u l a t i o n s m a d e b y t h e Bo a r d o f G o v e r n o r s f o l l o w i n g

consultations with the Vocational and Professional Council.

(1) Qualifications shall be conferred at a public ceremony Conferment of

or, with the consent of the Board of Governors, privately or in degrees

diplomas.

absentia.

(2) A candidate shall be eligible for the conferment of a

qualification only after certification by the Principal that all the

conditions prescribed by statutes, regulations and bye-laws relevant to

that qualification have been fulfilled, and insofar as all other

obligations and responsibilities of the candidate towards the College

have also been satisfied.

(3) No person may be considered as holding a qualification of the

College unless such qualification has been conferred as prescribed in

sub-article (1).

(1) With effect from the appointed day all property and Transfer of

undertakings shall, by virtue of this Act, and without further assurance, assets

College.

be transferred to, and shall vest in, the College under the same title by

which they were held by the Government immediately before that day.

(2) Such transfer shall extend to the whole of such public

property and undertakings and shall include all lands and other

property movable or immovable, assets, powers, rights, privileges and

causes of action held or enjoyed in connection therewith or

appertaining thereto.

Passed by the House of Representatives at Sitting No. 148 of the

12th July, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€2.70