INĠINIERA ACT (preamble—inġinieraact)

INĠINIERA

CHAPTER 321

INĠINIERA ACT

To regulate the engineering profession and to provide for matters

connected therewith or ancillary thereto.

22nd February, 1988;

1st June, 1988;

1st September, 1990;

1st December, 1993;

1st October, 1995;

1st December, 1998

ACT VII of 1988 as amended by Acts V of 1990 and XVIII of 2002; Legal

Notice 424 of 2007; Act XXIII of 2009; and Legal Notice 335 of 2010, and

Acts XXVII of 2017, XXI of 2020 and XLVIII of 2021.

The short title of this Act is the Inġiniera Act.

In this Act, unless the context otherwise requires -

"Board" means the Board tal-Inġiniera established by article 6;

"engineering services" means activities of design, specification,

development, installation, commissioning, operation, maintenance and

decommissioning of any mechanical, electrical, chemical process,

information and related systems and such activities shall be carried out

by or under the authorization and guidance of an inġinier who is a

warrant holder, competent in the field as recognized by the Board;

"establishment" means the actual pursuit of an economic activity,

as referred to in Article 49 of the Treaty, by the service provider for an

indefinite period and through a stable infrastructure from where the

business of provision of engineering services is carried out;

"European Union" shall have the same meaning assigned to it in

the Treaty;

"Inġinier" means any person who has obtained a warrant in terms of

article 4 of the Act;

"legal person" means a company or firm constituted under civil or

commercial law, including a cooperative society, and other legal

persons governed by public or private law, save for those which are

non-profit-making, formed in accordance with the law of a Member

State and having their registered office, central administration or

principal place of business within the European Union;

"lifelong learning" means all general education, vocational

education and training, non-formal education and informal learning

undertaken throughout life, resulting in an improvement in knowledge,

skills and competences, which may include professional ethics;

"Member State" means a Member State of the European Union;

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"Member State of establishment" means the Member State in whose

territory the provider of the service concerned is established;

"Minister" means the Minister responsible for works and, to the

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

Board;

"prescribed" means prescribed by regulations under this Act;

"profession of inġinier" means the profession practised by an

inġinier who is a warrant holder;

"recipient of service" means any natural or legal person who is a

national of a Member State or who benefits from the rights conferred

upon him by Community Acts, or any legal person established in a

Member State who, for professional or other purposes, uses or intends

to use a service;"

"reserved activities" means the certification of any engineering

service of a mechanical or electrical nature, which may solely and

exclusively be carried out by an inġinier, having a direct and specific

link with the professional qualifications, such as the definition of the

profession, the scope of activities covered by a profession or reserved

to it, the use of titles and professional due diligence which is directly

and specifically linked to consumer protection and safety, and such

activities shall be carried out by, or under the authorisation and

guidance of an inġinier who is a warrant holder, or a legal person

competent in the field as recognised by the Board;

"service provider" means a natural person who is a national of a

Member State or a legal person established in a Member State who

offers or provides a service in terms of the Services Directive;

"Services Directive" means Directive 2006/123/EC of the

European Parliament and of the Council of 12 December 2006 on

services in the internal market;

"Treaty" means the Treaty on the Functioning of the European

Union;

"warrant" means a warrant granted under article 4; and "warrant

holder" shall be construed accordingly.

(1) No person shall practise the profession of inġinier

unless he is the holder of a warrant issued under article 4.

(2)

A person shall not qualify for a warrant unless -

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

otherwise legally entitled to work in Malta;

(b) he is of good conduct;

(c) he is of full legal capacity; and

(d) he shall satisfy the Board that -

(i) he is in possession of such degree of the

University of Malta or an equivalent academic

qualification relating to the engineering

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profession both of which, at the relevant time,

are recognised by the Board to be sufficient for

the purposes of this article;

(ii) for the period of not less than one year before or

after obtaining the qualification referred to in

sub-paragraph (i) he has undergone practical

engineering training approved by the Board; and

(iii) for a period of not less than two years after

obtaining the qualification referred to in sub-

paragraph (i) he has trained in the practice of the

profession under the supervision of a practising

inġinier.

(3) Notwithstanding the provisions of sub-article (2)(d), a

person who on the 1st day of January, 1988 had already for a period

of not less than fifteen years before that date occupied a responsible

engineering position, may be exempted by the Board from having

t h e r e q u i r e m e n t s o f s u b - a r t i c l e ( 2 ) (d ) , a n d a f t e r p a s s i n g a

professional and academic assessment by the Board, may, if he

satisfies paragraphs (a), (b) and (c) of that sub-article, be granted a

warrant.

(4) A request for the exemption referred to in sub-article (3)

must be made to the Board not later than a year after the coming

into force of this article * .

(5) Sub-article (2) shall be interpreted in accordance with the

Recognition of Professional Qualifications Regulations.

(1) The Board shall acknowledge the receipt of an

application for a warrant as soon as possible and in any case not

later than one month from the date of the receipt of the application.

If the applicant does not submit all the documentation, the Board

shall inform the applicant accordingly.

(2) The Board shall complete the procedure for examining

applications as early as possible. The Board shall give its reasoned

decision within three months after the date on which the complete

application is received. The Board may extend this period by one

month, provided that the applicant is notified prior to the expiration

of the original period established in this sub-article.

(3) In the event that the Board does not give its decision within

the period established in sub-article (2), this shall not imply tacit

approval of the application.

(4) The acknowledgement referred to in sub-article (1) shall

specify

(a) the time period within which the application shall be

processed;

(b) the available means of redress; and

*Article 3(1) of came into force on 10th October, 1995, by virtue of Legal Notice 70

of 1995. Sub-articles (2) and (3) of the said article 3 came into force on 1st September,

1990, by virtue of Legal Notice 130 of 1990. Sub-article (4) was originally paragraph

(b) of sub-article (3) and consequently came into force on 1st September, 1990, as part

of sub-article (3).

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(c) a statement that in the absence of a response within the

specified time period, the authorisation shall not be

deemed to have been granted.

(1) The warrant to practise the profession of inġinier shall

be issued by the Board to any person who satisfies the requirements

of article 3(2), and, where applicable, the provisions of articles 3(3)

and (4).

(2) Without prejudice to the provisos to article 5B(6), any person

who is exercising the profession in accordance with this Act may use

the designation "Inġinier" or its abbreviation "Inġ." with his name, if

he is a warrant holder.

(1) Notwithstanding the provisions of article 3(2), the

Board may grant a special licence to any person holding academic

qualifications at least equivalent to those listed in article 3(2)(d)

and who is a national of a country outside the European Union or

the European Economic Area, and therefore does not fall within the

ambit of articles 3 and 5B and holding foreign professional

engineering qualifications acceptable to the Board, to exercise that

profession in Malta for a definite time and for a particular purpose

and subject to such other conditions as may be specified in the

licence.

(2) A person to whom a special licence is granted under the

preceding sub-article shall be deemed to be a warrant holder during

the time and for the purpose specified in the licence and the

provisions of this Act and of any other law shall apply to him in the

same manner and to the same extent like any other warrant holder.

The Minister may make regulations for bringing into effect

the provisions of the Mutual Recognition of Qualifications Act and

subsidiary legislation issued thereunder, in relation to the mutual

recognition of qualifications of inġinier.

(1) Without prejudice to the Mutual Recognition of

Qualifications Act and notwithstanding the provisions of article 3

of this Act, any person established in another Member State may

practise the profession of inġinier in Malta on a temporary and

occasional basis without being required to follow the procedures to

obtain a warrant, provided that such person

(a) is legally established in another Member State for the

purpose of pursuing the engineering profession in that

Member State; and

(b) has pursued that profession in one or several Member

States for at least one year during the last ten years

preceding the provision of services when the profession

is not regulated in the Member State of establishment.

The condition of one year’s pursuit shall not apply if the

engineering profession is regulated.

(2) Persons referred to in sub-article (1) shall inform the Board

by means of a written declaration to be made in advance which

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shall include the following

(a) the details of an insurance cover or other means of

personal or collective protection relative to

professional liability. This declaration shall be made

once a year if the applicant intends to provide

temporary or occasional services during the year;

(b) proof of the nationality of the applicant;

(c) an attestation certifying that the person is legally

established in a Member State for the purpose of

pursuing the activities concerned and that he is not

prohibited from practising the profession of inġinier

even temporarily, at the moment of delivering the

attestations;

(d) evidence of professional qualifications; and

(e) where applicable, any means of proof that the

applicant has pursued the engineering profession for at

least one year during the previous ten years

immediately preceding the provision of services.

(3) Where the Board, in exercising its authority under this

article, deems that there is a substantial difference between the

professional qualifications of the applicant and the academic

qualifications required under article 3(2)(d)(i), to the extent that

the difference is such as to be harmful to public health or safety, and

that it cannot be compensated by the service provider’s professional

experience or knowledge, skills and competences acquired through

lifelong learning formally validated to that end by a relevant body, the

Board shall give the applicant the opportunity to show, in particular

by means of an aptitude test, that he has acquired the knowledge or

competence which he lacks.

(4) The Board shall assess the temporary and occasional nature of

the provision of the reserved activities on a case by case basis.

(5) No later than one month after receipt of the declaration and

accompanying documents, referred to in sub-article (2), the Board

shall inform the applicant of its decision

(a) not to check his professional qualifications; or

(b) having checked his professional qualifications, to

either require the applicant to take an aptitude test or

to allow the provision of services.

Where there is a difficulty which would result in delay in

taking a decision under paragraph (b), the Board shall

notify the applicant of the reason for the delay within the

same deadline. The difficulty shall be solved within one

month of that notification and the decision finalised

within two months of resolution of the difficulty. In the

absence of a decision by the Board within the said

deadlines, the engineering services falling under this

article may be provided.

(6)

A person exercising the profession under this article shall

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be deemed to be a warrant holder and the provisions of this Act and

of any other law shall apply to him in the same manner and to the

same extent as with any other warrant holder

Provided that reserved activities shall be provided under the

professional title of the Member State of establishment, in so far as

such title exists in that Member State for the reserved activity

concerned. That title shall be indicated in the official language or

one of the official languages of the Member State of establishment,

in such a way as to avoid any conflict with the professional title in

Malta. Where no such professional title exists in the Member State

of establishment, the service provider shall indicate his formal

qualification in one of the official languages of Malta

Provided further that where professional qualifications have

been verified by the Board in terms of paragraph (b) of sub-article (5),

the reserved activities shall be provided under the professional title of

"Inġinier" or its abbreviation "Inġ." together with the service

provider's name and the temporary licence registration number

provided by the Board.

(7)

Where a national of a Member State has professional

qualifications recognised by another Member State, but the scope of

professional activities is narrower than those in Malta, and the

difference between the fields of activity are such 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 for the purposes of

establishment in Malta for temporary and occasional provision of

services, provided that the professional so agrees

Provided that such qualified professional activity can be

objectively separated from other activities falling under the profession

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 recipients of the service in Malta.

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

Inġiniera, which shall consist of -

(a) a chairman to be appointed by the Minister from

among persons who are or have been qualified to be

appointed judges in Malta;

(b) three members appointed by the Minister from among

warrant holders, one of whom shall be a member of the

academic staff of the Faculty of Engineering of the

University of Malta; and

(c) three members who shall be elected by secret ballot by

warrant holders from among themselves

Provided that not more than two of the elected

members shall be warrant holders practising in the

same field of the profession.

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(2) The Chairman and the appointed members of the Board

shall hold office for such term not exceeding three years and under

such conditions as may be set out in their letter of appointment. The

elected members of the Board shall hold office for a period of two

years.

(3) The members of the Board shall, on the expiration of the

term of their office, be eligible to be reappointed or re-elected, as

the case may be.

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

as soon as practicable, in the case of an appointed member, appoint

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

member, cause an election to be held to fill the vacancy.

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

be three, but, subject to the presence of a quorum, the Board may

act notwithstanding any vacancy among its members.

(6) The Minister may also designate a public officer to act as

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

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

otherwise regulate its own procedure.

(8) The Board shall, in the fulfilment of its functions, act

independently and impartially.

(1)

The functions of the Board are -

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

(b) to hold enquiries regarding any charge of professional

misconduct or abuse made against any inġinier in

connection with the exercise of his profession or with

professional matters, saving the provisions of the

Criminal Code or of any other law;

(c) to deal with cases leading to the suspension or

withdrawal of a warrant, or of a special licence granted

under article 5, as provided by or under this Act;

(d) to advise, or make recommendations or otherwise

express its views, to the Minister on any matter on

which the Minister is to consult with the Board or on

which the Board is to make recommendations to the

Minister or on which the opinion or recommendation

of the Board is sought by the Minister;

(e) to perform such other functions as arise from this Act

or any other law or as may be delegated to it by the

Minister under this Act.

(2) In the exercise of its functions under sub-article (1)(d) and

(e), the Board may consult with such persons as it may deem

appropriate, and in the exercise of its functions under sub-article

(1)(c), (d) and (e), may also appoint committees, of which the

Chairman shall be a member of the Board, for the carrying out of

such studies or other work as the Board may assign to them.

(3)

The Board shall, not later than three months after the end of

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each year, publish in the Gazette a list of persons who, on the 31st

December of the said year, were holders of a warrant issued under

this Act. Such list may, with the approval of the Minister, be

divided into separate parts, each part containing the list of warrant

holders qualified in separate fields of engineering.

(1) Decisions of the Board shall be subject to appeal

before the Administrative Review Tribunal established by article

5(1) of the Administrative Justice Act.

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

Board taken in his regard, he may appeal to the said Tribunal

against such decision not later than twenty days of service upon

him of the Board’s decision.

(3) 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.

(1)

Any legal person established in Malta or in another

Member State may provide engineering services in Malta, provided

that any reserved activities are undertaken on behalf of the said legal

person by a warrant holder, or by any person who is granted a special

licence relative to such activities in terms of article 5, or by a person

referred to in article 5B, provided that in the latter case, the

requirements of article 5B have been complied with.

(2)

Without prejudice to any liability or obligations in terms of

law of the legal person itself, the fact that reserved activities are

undertaken on behalf of a legal person in terms of sub-article (1), by a

warrant holder, or by any person who is granted a special licence under

article 5, or by a person referred to in article 5B, shall not exonerate

the said warrant holder, or special licence holder, or the person

referred to in article 5B, from any liability or from their obligations in

terms of law in respect of the reserved activities they have undertaken

on behalf of the legal person.

(3)

The name of the warrant holder, or of the person granted a

special licence in terms of article 5, or of the person referred to in

article 5B, undertaking reserved activities on behalf of a legal person

in terms of sub-article (1), shall be clearly identified in any formal

communication or contract of service to the recipient of the service

and on any marketing material related to reserved activities.

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(1)

Warrant holders, persons who are granted a special

licence under article 5, and persons who exercise the profession of

inġinier on a temporary and occasional basis in terms of article 5B,

whose exercise of such profession of inġinier presents a direct and

particular risk to the health or safety of the recipient or a third person,

or to the financial security of the recipient, shall subscribe to

professional liability insurance appropriate to the nature and extent of

the risk, or provide a guarantee or similar arrangement which is

equivalent or essentially comparable with regard to its purpose. In the

case of persons who exercise the profession of Inġinier on a temporary

and occasional basis in terms of article 5B, the provisions of article

6(1)(b) of the Services (Internal Market) Act shall apply

Provided that such professional liability insurance or

guarantee or similar arrangement shall subsist, or be kept active for a

minimum of five years from the date on which the relative reserved

activity giving rise to the obligation to subscribe to professional

liability insurance, or provide a guarantee or similar arrangement in

terms of sub-article (1), shall have been completed.

(2)

Every person established in Malta shall be bound to be

covered by a professional liability insurance, or provide a guarantee or

similar arrangement under this article and shall each year, and within a

week of taking out, amending or renewing such insurance, guarantee

or similar arrangement, provide the Board with attestations of such

cover issued by credit institutions and insurers established in a

Member State

Provided that a person exercising the profession of inġinier

in accordance with article 5B shall only be obliged to provide to the

Board the declaration referred to in paragraph (a) of sub-article (2) of

article 5B.

(3)

For the purpose of this article

"direct and particular risk" means a risk arising directly from the

provision of the service;

"health and safety" means, in relation to a recipient or a third

person, the prevention of death or serious personal injury;

"financial security" means, in relation to a recipient, the prevention

of substantial losses of money or of value of property;

"professional liability insurance" means insurance taken out by a

provider in respect of potential liabilities to recipients and, where

applicable, third parties arising out of the provision of the service.

(4)

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

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

the public administration within the scope of his employment owing to

the public administration being 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 its 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.

Every warrant holder or any person who is granted a special

licence under article 5, or any person who exercises the profession of

inġinier on a temporary and occasional basis in terms of article 5B,

shall perform engineering services without undue influence and shall

refuse to undertake any such services where his independence is

compromised.

Any agreement or other arrangement with the intention to

exempt a warrant holder, or any person who is granted a special

licence under article 5, or any person who exercises the profession of

inġinier on a temporary and occasional basis under article 5B, from

any responsibility, liability or duty under the Inġineira (Amendment)

(Amendment) Act, 2021, or under any other law, or to relieve them

2021. therefrom, except under an insurance, guarantee, or similar

arrangement as provided under article 9, to indemnify them against

any such responsibility, liability or duty, shall be null and void.

(1) A conviction by any competent court for any crime

liable to imprisonment for a term exceeding one year, other than

involuntary homicide or any other crime against the person

excusable in terms of the Criminal Code, shall be a cause of

perpetual disability to obtain or retain the warrant.

(2) Such disability shall be declared by the Board by notice

published in the Gazette and shall be communicated to the person

disqualified, unless he has been interdicted by the sentence itself.

(3) The Board may, at any time, by notice in the Gazette

remove the disability declared by it.

(1)

A warrant or a special licence issued, granted or

made under the provisions of this Act may be withdrawn or cancelled

by the Board at the request of the warrant holder or the licensee, as the

case may be.

(2) Notwithstanding the foregoing, a warrant or special licence

may be re-issued or granted or made at any time if the conditions for

such issue are satisfied.

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The Board may, by order in writing, suspend or revoke or

cancel a warrant or a special licence issued in terms of article 5 if the

warrant holder or licensee, as the case may be

(a) has been found guilty, after an inquiry by the Board, of

any of the following acts or omissions

(i)

dishonesty, misconduct or gross negligence in

the exercise of his profession;

(ii) discreditable conduct to the profession;

(iii) failure to comply with regulations with respect

to professional standards or practices, or with

any legal obligation in terms of this Act or

related to reserved activities; or

(iv) has failed to comply with any condition attached

to a warrant or special license issued under the

provisions of article 16; or

(b) has been found guilty by a competent court of an

offence under the provisions of this Act or of any

regulations made thereunder; or

(c) without prejudice to the provisions of article 12, has

been found guilty by a competent court of a crime

affecting public trust or theft or fraud or knowingly

receiving property obtained by theft or fraud.

Where a warrant or special licence issued under this Act is

withdrawn, suspended or revoked, the person to whom the warrant

or licence was issued shall cease to be the holder of such warrant or

licence.

The Board may, after the expiration of one year from the date

of the revocation or withdrawal of a warrant or special licence, and if

the Board so recommends, re-issue a warrant or special licence under

the provisions of this Act, subject to such conditions as the Board may

deem necessary.

(Deleted by Act XLVIII.2021.12).

(1) The Minister may, after consulting the Board,

recognise an association of warrant holders to be known as the

Chamber of Professional Engineers.

(2) Whenever the number of members of that Chamber is not

less than two-thirds of the total number of warrant holders the

Minister may recognise a code of ethics submitted to him by that

Chamber and such code of ethics shall regulate the professional

behaviour of warrant holders which is not already prescribed.

(3) The Minister may at any time amend any part of or

withdraw his recognition of such code of ethics after giving due

notice thereof.

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(1)

Any person who, for the purpose of obtaining the

warrant or special licence or for the purposes of article 5B, gives any

incorrect information or otherwise acts in a deceitful or fraudulent

manner shall be guilty of an offence and shall be liable, on conviction,

to a fine (multa) not exceeding two thousand and five hundred euro

(€2,500), or to imprisonment for a term not exceeding twelve months,

or to both such fine and imprisonment.

(2) Any person who, not being entitled to in terms of this Act,

assumes or uses the designation "Inġinier" or its abbreviation "Inġ.",

or in any manner indicates that he is entitled to exercise the profession

of inġinier shall be guilty of an offence and shall be liable, on

conviction, to a fine (multa) not exceeding one thousand two hundred

and fifty euro (€1,250), and in respect of a second or subsequent

offences, to imprisonment for a term not exceeding three months, or to

both such fine and imprisonment.

(3)

Without prejudice to any other provisions of law to the

contrary, any person who, not being the holder of a warrant or a special

licence or who is otherwise not entitled to practise temporarily in

accordance with the provisions of the Inġiniera (Amendment) Act,

2021 practises the profession of inġinier, shall be guilty of an offence

2021. and shall be liable, on conviction, to a fine (multa) of not less than five

hundred euro (€500) but not exceeding five thousand euro (€5,000),

and in respect of a second or subsequent offences, to a fine (multa) of

not less than seven hundred euro (€700) but not exceeding twelve

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

not exceeding six months, or to both such fine and imprisonment.

(4)

Any person who contravenes the provisions of article 9 shall

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

(multa) of not less than five hundred euro (€500) but not exceeding

five thousand euro (€5,000), and in the case of a continuing offence to

an additional fine (multa) of seventy euro (€70) for each day during

which the offence subsists.

(5) Any person who contravenes the provisions of article 9 shall

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

(multa) of not less than five hundred euro (€500) but not exceeding

one thousand, two hundred euro (€1,200), and in the case of a

continuing offence to an additional fine (multa) of seventy euro (€70)

for each day during which the offence subsists.

(1) The provisions of this Act establishing offences and

punishments in respect thereof shall not affect the operation of any

other law establishing offences and punishments in respect of the

same acts or omissions and shall not, in particular, affect the

application of any higher punishment under any other law.

(2) The provisions of the Probation Act shall not apply to this

Act.

(3) For the purposes of article 19(2) and (3), the use of any

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

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printed or engraved device, instrument or document, of the word

"Inġinier" or its abbreviation "Inġ." in relation to a name, shall be

sufficient evidence of the knowledge of such use by the person in

relation to whose name the said word or abbreviation is used,

unless such person proves that the use of such word or abbreviation

was made without his knowledge and that upon becoming aware of

the use he took adequate steps to stop it.

The Minister may, after consulting the Board, make

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

and generally to regulate the profession of engineering, and,

without prejudice to the generality of the foregoing, such

regulations may in particular include provisions with respect to -

(a) the establishment of engineering standards, procedures

and other duties and practices to be followed by

warrant holders either generally or in particular fields

of activity;

(b) the professional conduct of warrant holders and the

standards of competency and integrity to be kept by

the profession;

(c) the issue of guidelines and other advice to inġiniera;

(d) the work which cannot be performed and services

which cannot be rendered, whether wholly or in part,

except by warrant holders under this Act;

(e) the work which cannot be performed and services

which cannot be rendered by warrant holders under

this Act;

(f) the authority, if any, by which any dispute concerning

fees charged for the provision of engineering services

may be settled and the procedure to be followed by any

such authority;

(g) the fees that may be charged for the issue of a warrant

or special licence or for copies thereof;

(h) the procedure to be followed by the Board in

connection with its functions under article 7(1)(b) and

(c); and the powers which that Board shall have to

carry into effect those functions;

(i) the punishments, penalties and other consequences and

effects to which a person may become liable or which

may take place in the event of any contravention of, or

non-compliance with, the provisions of any regulation

made under this article; so however that no

punishment so imposed shall exceed a fine (multa) of

two thousand and three hundred and twenty-nine euro

and thirty-seven cents (€2,329.37) or imprisonment for

a term of one year, or of both such fine and

imprisonment, or, in the case of a continuing offence, a

fine (multa) of twenty-three euro and twenty-nine

cents (€23.29) for each day during which the offence

continues, whether or not in addition to the

punishments aforesaid;

INĠINIERA

(j)

the forms of reports or information which a warrant

holder or a legal person may be required to furnish to

the Minister or to the Board;

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

Act to be prescribed.

The provisions of this Act shall be applied without prejudice

to the provisions of the Electronic Commerce Act.

(1)The Indemnity Insurance Regulations and the Practice of

Engineering (Definition) Regulations shall be deleted.

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

regulations shall remain applicable for the purpose of any act,

decision, action or proceedings taken in respect of any breach of the

said repealed regulations, that occurred, or were instituted prior to the

coming into force of the Inġiniera (Amendment) Act, 2021.

2021.