EDUCATION ACT

EDUCATION

CHAPTER 327

EDUCATION ACT

To consolidate and reform the law relating to Education in Malta.

16th August, 1988;

5th September, 1988;

16th April, 1991

ACT XXIV of 1988, as amended by Legal Notices: 98 of 1988, 63, 64, 135 and 136 of 1989,

153 and I56 of 1990 and 10 of 1991; Act X of 1991; Legal Notices: 66 and 153 of 1991, 67,

89, 90 and 105 of 1992, 21 and 117 of 1993, 5, 12, 110 and 149 of 1994; Act II of 1995; Legal

Notices: 79 of 1995 and 165 of 1996; Act XVIII of 1997; Legal Notices: 177, 181, 183, 184,

189 and 202 of 1997, 9, 30 and 172 of 1998, and 41, 101 and 102 of 1999; Acts VI of 2001,

XVIII of 2002 and III of 2004; Legal Notices 144 and 363 of 2004; Acts II of 2005 and XIII of

2006; Legal Notices 293 of 2006, and 220, 391 and 424 of 2007; Act XXXII of 2007; Legal

Notices 212 of 2008, and 21 and 85 of 2009; Act XXIII of 2009 and XVII of 2010; Legal

Notices 102, 418, 419 and 515 of 2010, 150 and 151 of 2011, and 233, 234 and 299 of 2012;

Acts XIII and XXVI of 2012; Legal Notices 130 of 2013 and 243 of 2014; Acts VII and XXVII

of 2015; Legal Notices 313 of 2015, and 71, 180 and 402 of 2016; and Acts XXIV, XXVII,

XXXII and XXXIV of 2016, and Legal Notices 184 of 2017 217 of 2017, 125 of 2019, 306 of

2019, 273 of 2020, 373, 414, 415 of 2021 and 105 and 276 of 2022, 306 of 2023, 272 of

2024, 239 of 2025 and 31 of 2026.

The short title of this Act is the Education Act.

[ARTICLE 22]

Name of School

Locality

Agius de Soldanis

Victoria, Gozo

Kan Pawl Pullicino

Rabat

Carlo Diacono

Żejtun

Dun Ġużepp Zammit

Ħamrun

Dun Ġwann Mamo Trade School

Marsa

Fellenberg School of Electronics

Paola

Ġan Franġisk Abela

Msida

Ġorg Grognet de Vassé Technical

Institute

Naxxar

Ġużeppi Despott

Cospicua

Maria Assumpta

Ħamrun

Maria Goretti

Tarxien

Maria Reġina

Blata-1-Bajda

Mikielanġ Sapiano Technical Institute

Paola

Mikiel Anton Vassalli

Tal-Ħandaq

Ninu Cremona Complex

Victoria, Gozo

Salvatore Dimech School for Craftsmen

Mosta

*Repealed by this Act.

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Santa Tereża

Mrieħel

Sir Adrian Dingli

St. Andrews

Umberto Calosso Trade School

Sta. Venera

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In this Act, unless the context otherwise requires -

"Council" means the governing body of the University

established by article 76;

"employment" includes employment in any labour or work

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

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

work is done for wages or other compensation or not, and "to

employ" should be construed accordingly;

"entity" includes a Directorate, a College, the National

Commission for Further and Higher Education established under

Part VI, the institution for tourism studies referred to in article 132,

and any Directorate, department, unit, agency or other organisation

as may be established by virtue of this Act or regulations made

thereunder, or under any other law, and "entities" shall be construed

accordingly

Provided that only for the purposes of any right pertaining to any

officer or staff member under the Pensions Ordinance and the

Widows and Orphans Pensions Act under Part IX of this Act,

"entity" also includes the University and the Malta College of Arts,

Science and Technology incorporated into this Act by Part VIII;

"Faculty Board" means the governing body of the University

established by article 80;

"financial year" means the period of twelve months ending on the

thirty-first of December of any year

Provided that for the purposes of this Act the first financial year

in respect of any entity shall consist of the period which starts

running on the date of the coming into force of the relative articles

of this Act relating to such entity, and ending on the thirty-first day

of December of the following year

Provided further that in the case of the University of Malta, the

financial year means the period of twelve months commencing on the

1st October of any year and ending on the 30th September of the next

following year, so however that the financial year which commenced

on the 1st January, 2007 shall be for a period of nine months

terminating on the 30th September, 2007;

"General Estimates" means the estimates presented to the House

o f R e p r e s e n t a t i v e s i n r e s p e c t o f a n y f i n a n ci al y e a r, o f t h e

expenditure for the service of that financial year and includes any

supplementary estimates of expenditure for which it may be

necessary to provide after those estimates have been presented to

the House of Representatives and in this context "financial year"

has the same meaning as it has for the purpose of the Constitution

of Malta;

"Government" means the Government of Malta;

"the Minister" means the Minister responsible for education, and

includes, within the limits of any given authority, any person who

is specifically authorised by the Minister for any of the purposes of

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this Act, and "Ministry" shall be construed accordingly;

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

124 of the Constitution;

"Rector" means the Rector of the University elected under article

74 and any person temporarily acting in that capacity;

"remuneration" includes compensation in any form whether in

money or in kind;

"Senate" means the governing body of the University established

by article 78;

"University" means the University of Malta established by article

72. PART I

General Provisions

Articles 3 - 22 - deleted by Legal Notice 373 of 2021.

PART III

The Teachers’ Profession

Amended by

L.N. 98 of 1988;

STATUTES, REGULATIONS AND BYE-LAWS

L.N. 63 of 1989;

L.N. 64 of 1989;

L.N. 135 of 1989;

[ARTICLE 136]

L.N. 136 of 1989;

L.N. 153 of 1990;

L.N. 156 of 1990;

L.N. 10 of 1991;

L.N. 66 of 1991;

L.N. 153 of 1991;

L.N. 67 of 1992;

L.N. 89 of 1992;

L.N. 90 of 1992;

L.N. 105 of 1992;

L.N. 21 of 1993;

L.N. 117 of 1993;

L.N. 5 of 1994;

L.N. 12 of 1994;

L.N. 110 of 1994;

L.N. 149 of 1994;

L.N. 79 of 1995;

L.N. 165 of 1996;

L.N. 177 of 1997;

L.N. 181 of 1997;

L.N. 183 of 1997

L.N. 184 of 1997;

L.N. 189 of 1997;

L.N. 202 of 1997;

L.N. 9 of 1998;

L.N. 30 of 1998;

L.N. 172 of 1998;

L.N. 41 of 1999;

L.N. 101 of 1999;

L.N. 102 of 1999;

L.N. 144 of 2004;

L.N. 363 of 2004;

L.N. 293 of 2006;

L.N. 220 of 2007;

L.N. 391 of 2007;

L.N. 212 of 2008;

L.N. 21 of 2009;

L.N. 85 of 2009;

L.N. 102 of 2010;

L.N. 418 of 2010;

L.N. 419 of 2010;

L.N. 515 of 2010;

L.N. 150 of 2011;

L.N. 151 of 2011;

L.N. 233 of 2012;

L.N. 234 of 2012;

L.N. 299 of 2012;

L.N. 130 of 2013;

L.N. 243 of 2014;

L.N. 313 of 2015;

L.N. 71 of 2016;

L.N. 180 of 2016;

L.N.402 of 2016

L.N.184 of 2017;

L.N.217 of 2017;

L.N. 125 of 2019;

L.N. 306 of 2019;

L.N. 273 of 2020;

L.N. 414 of 2021;

L.N. 415 of 2021;

L.N. 105 of 2022;

L.N. 276 of 2022;

L.N. 306 of 2023;

L.N. 272 of 2024;

L.N. 239 of 2025;

L.N. 31 of 2026.

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A - STATUTES

Statute 1 - GENERAL

1.1

Official Languages

Maltese and English shall be the official languages of the University. The

University administration may use either language for official purposes.

1.2

Compulsory Subjects for Admission

Maltese and English shall be compulsory subjects for admission to the degree and

diploma courses of the University

Provided that the Senate may by regulations allow candidates in special

circumstances to offer other subjects instead.

1.3

Entry Requirements: Period of Notice

The University shall give adequate notice (normally two years) before any

amendments to regulations, which may affect a candidate’s preparation for

admission to any course of studies (such as the requirement of a new subject in the

special course requirements) come into effect and two years notice for a change in a

grade.

1.4

Official and Academic Dress

The dress appropriate for the Principal Officers of the University, for the

Academic Staff, for graduates, for undergraduates, and for other members of the

University shall be prescribed by regulations made by the Senate.

1.5

Scholarships and Prizes

l.

Scholarships and prizes to be awarded by the University shall be established

by regulations made for the purpose.

2. The award of scholarships and prizes shall also be governed by regulations.

Statute 2 - FACULTIES

The University shall have fourteen Faculties, namely

The Faculty for Built Environment

The Faculty of Arts

The Faculty of Dental Surgery

The Faculty of Economics, Management and Accountancy

The Faculty of Education

The Faculty of Engineering

The Faculty of Health Sciences

The Faculty of Information and Communication Technology

The Faculty of Laws

The Faculty of Media and Knowledge Sciences

The Faculty of Medicine and Surgery

The Faculty of Science

The Faculty for Social Wellbeing

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The Faculty of Theology.

Statute 3 - COURSES OF STUDIES, DEGREES AND DISTINCTIONS

3.1

Courses of Studies, Degrees and Distinctions

1. The University shall have the power to award degrees, diplomas and

certificates to candidates who fulfil the prescribed conditions after following the

requisite courses of studies, and this in accordance with regulations and bye-laws

made by Senate.

2. Courses of studies shall start as the Council shall determine.

3.2

Provision for the Award of a Joint or Double Degree with another

University or Higher Education Institution

1. Where the University, with the approval of Senate, enters into an agreement

with other universities or higher education institutions which in terms of their

national legislation are so empowered (hereinafter referred to as institutions) for the

granting of a joint or double degree, then the necessary requirement to qualify for the

degree may be obtained either partly at the University and partly at the other

university/universities/institution/s, or wholly at one of the partner universities or

institutions as provided for in such agreement.

2. The degree may be awarded

(a) in the case of a joint degree, jointly on one certificate by all the

universities/institutions and shall be conferred at one of the partner

universities/institutions as agreed between them; or

(b) in the case of a double degree, separately by each of the two partner

universities/institutions.

3. The programme of study, including the catalogue of study-units, for the joint

or double degree shall be approved by the University and as required by the other

partner universities/institutions.

4. The Boards of Examiners and the Degree Classification Boards shall be

constituted in terms of decisions taken by the appropriate bodies of the partner

universities/institutions and as provided for in the agreement between them.

5. Students may register for a joint or double degree if accepted by the partner

universities/institutions in terms of the admission regulations of each of the

universities/institutions and in terms of the provisions regarding registration in the

degree programme as specified in the agreement between the universities.

6. Council may approve that the provisions of any statute shall not apply to

joint and double degrees whenever provisions on the same subject matter are

included in the regulations or bye-laws for a course leading to a joint or double

degree.

7. Senate may approve that the provisions of any regulation shall not apply to

joint and double degrees whenever provisions on the same subject matter are

included in the regulations or bye-laws for a course leading to a joint or double

degree.

8. he agreement for the award of a joint or double degree by the University and

the other universities/institutions may provide that the certificate includes an

equivalent title, normally as awarded by the other universities/institutions, in

conjunction with the title of the University degree. In the case of the award of a

double degree, a statement to this effect will be made on the certificate.

3.3

Award of Degrees and Diplomas

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1. Degrees and diplomas shall be awarded at a public ceremony or, with the

consent of the Senate, privately or in absentia.

2. A candidate shall be eligible for the award of a degree or diploma only after

certification by the Rector that all the conditions prescribed by statutes, regulations

and bye-laws relevant to that degree or diploma have been fulfilled and provided that

all other obligations and responsibilities of the candidate to the University have been

satisfied.

3. No person may be described as holding a degree or diploma of the

University unless such degree or diploma has been conferred as prescribed in

paragraph 1 of this section.

3.4

Degrees Honoris Causa

The University shall also have the power to confer degrees honoris causa as

stipulated in the Award of Honoris Causa Degrees Regulations.

Statute 6 - THE PRINCIPAL AND OTHER OFFICERS OF THE UNIVERSITY

6.1

The Principal Officers

1. The Principal Officers of the University are

the Chancellor;

the Pro-Chancellor;

the Rector;

the Pro-Rectors;

the Secretary;

the Deans of the Faculties.

2. The Chancellor

(as in article 74(3)-(5))

3. The Pro-Chancellor

(as in article 74(6)-(9))

4. The Rector

(as in article 74(10)-(11) and article 82)

5. The Pro-Rectors

(as in article 74(12))

6. The Secretary

(as in article 74(13))

The Secretary shall -

(a) act as secretary to Council and in that capacity, shall be responsible,

where applicable, to ensure that the decisions of Council are formulated

and presented to the Chancellor expeditiously for promulgation;

(b) co-ordinate the ongoing process of consultation with all internal as well

as external stakeholders in order to assist the Rector and the Pro-Rectors

in the compilation of the Annual Report of the University and the

formulation of the Strategic Plan of the University for the consideration

of Council;

(c) help develop and maintain, under the direction of the Rector,

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streamlined and efficient administrative systems to support the

teaching, research, and external services of the University to meet

current as well as projected future needs;

(d) act as Chairman of the Senior Management Committee in the absence of

the Rector or any Pro-Rector explicitly designated to do so by the

Rector; the said Committee, which deals solely with matters of a non-

academic and administrative nature, comprises the Registrar, the

Director of Finance, the Librarian, and any other senior official of the

University administration as determined by the Rector;

(e) coordinate the preparation for regular meetings of the Senior

Management Committee, and the implementation of decisions taken by

the Senior Management Committee related to the day-to-day

administrative affairs of the University, its personnel and its movable,

immovable and other assets;

(f)

be directly answerable to the Rector and shall execute his instructions;

(g) assist the Pro-Rectors in the discharge of their duties when these are

acting within the portfolio of duties designated to them by the Rector;

and (h) carry out such other duties, of a non-academic and

administrative nature, as may be requested by Council and as may be

called for by the Rector bearing in mind the exigencies of the

University.

7. The Dean of a Faculty

(as in article 74(14))

The Other Officers of the University

1. There shall be a Registrar, a Librarian, a Director of Finance and such other

officers as the Council may, from time to time, determine. Such officers shall be

responsible to the Rector for the day to day administration of their respective

2. The Registrar

The Registrar shall

(a) keep the University seal;

(b) assist the Rector in the day-to-day academic administration of the

University, and be responsible for the execution of his instruction;

(c) sign the documents certifying academic awards made by the University

and keep a complete record of them;

(d) act as secretary to the Senate and, directly or through a delegate, to the

Boards of the Faculties and other academic entities established by the

University;

(e) be responsible to ensure that the decisions of Senate are formulated and

executed and, where applicable, presented to the Chancellor

expeditiously for promulgation;

(f)

be responsible for the records of all examinations held by the University

and for the proper safekeeping of such records, and for keeping up-to-

date copies of the statutes, regulations and bye-laws;

(g) keep the rolls of the members of the Council, of the Senate, of the

Faculty Boards, of teachers, of examiners, and of students;

(h) keep a record of the academic activities of each student;

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(i)

be responsible, after consultation with the Deans of the Faculties, for

the proper arrangements of the time-tables; and

(j)

carry out such other duties as may be called for by the Rector bearing in

mind the exigencies of the University.

3. The Librarian

(as in paragraph 3 of Article 6.2 of Statute 6).

4. The Director of Finance

The Director of Finance shall assist the Rector in the day-to-day financial

management of the University, and be responsible for the execution of his

instruction.

In particular, the Director of Finance shall -

(a) prepare -

(i) the annual estimates of revenue and expenditure;

(ii) the annual comparative statement of revenue and expenditure;

(iii) the annual balance sheet and statement of accounts;

(b) be responsible for the collection of revenue and moneys due to the

University;

(c) exercise immediate control over expenditure out of approved

provisions;

(d) maintain adequate accounting systems embracing the whole of the

financial operations of the University and ensuring adequate systems of

internal control;

(e) be responsible for all ordering and purchasing and for the control of

stores (if any) and inventories;

(f)

in conjunction with the Rector or the Pro-Rectors, countersign bills of

exchange, cheques, bank drafts, letters of credit and all other banking,

financial and commercial documents, subject to any restrictions made

by the Council;

(g) discharge such other duties as may be called for by the Rector bearing in

mind the exigencies of the University; and

(h) in the absence of the Secretary, carry out all or part of the duties of the

Secretary when instructed to do so by the Rector.

5. Other Appointments: The Auditor

(as in paragraph 5 of Article 6.2 of Statute 6).

St a t u t e 7 - A P P O I N T M E N T S A N D P R O M O T I O N S O F S TA F F W I T H

FORMAL TEACHING AND/OR RESEARCH DUTIES

Citation

1. The title of this statute is Statute 7 of the University of Malta -

Appointments and Conditions of Employment of Academic Staff.

Appointments and Conditions of Employment of Academic Staff

2. Appointments of academic staff shall be made by Council on the

recommendation of Selection Boards in the grades specified in the Collective

Agreement for Academic Staff of the University of Malta and Academic Staff of the

Junior College, hereinafter referred to as the Collective Agreement, or in any other

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grades approved by Council.

3. The appointments and conditions of employment of academic staff shall be

regulated by the Collective Agreement which may be agreed upon from time to time

between the University of Malta and the relevant union or unions, the accompanying

Manual of Conduct and Procedures, and any procedures, which may be approved by

Council from time to time.

Promotion of Academic Staff

4. There shall be a Promotions Board to consider promotions of academic staff.

The Promotions Board shall be appointed annually, and shall consist of

(i)

the Rector, who shall be Chairperson;

(ii)

three full professors appointed by Senate; and

(iii)

one member of Council not in the employment of the University

appointed by Council.

5. The promotion of academic staff at the University shall be regulated by the

Collective Agreement and by any other applicable procedures which may be

approved by Council from time to time.

Specially designated Titles

6. Affiliate Academics

(a) Scholars from another university, research organization or industry who

are approved by Senate, in accordance with the procedure approved by

Senate, to give significant service to the University without

compensation and whose association with the University is intended to

enhance the quality of teaching and/or research or to bring honour to the

University may be appointed as Affiliate Academics.

(b) The title of Affiliate Professor, Affiliate Associate Professor, Affiliate

Senior Lecturer or Affiliate Lecturer will be given to the affiliate

academic commensurate with the academic qualifications and

experience of the individual and the rank will be specified in the letter

of appointment.

7. Visiting External Professors

(a) Scholars of professorial rank or distinction who have an affiliation or

appointment in another University may be appointed on a pro tempore

basis as Visiting External Professors by the Rector.

(b) A Visiting External Professor will be expected to contribute to the

activities of the University in one or more of the following ways

(i) through sets of lectures or intensive short courses;

(ii) through participation in the supervision or completion of research

programmes; and

(iii) through expert advice and consultancy tendered to the authorities

of the University.

(c) A Visiting External Professor will be entitled to

(i)

the academic prerogatives of Professors insofar as a regular

presence on the campus is not required for their exercise; and

(ii) such honoraria as may be established for each specific task.

8. Honorary Professors

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(a) Foreign or local scholars of professorial rank or distinction may be

appointed Honorary Professors by a resolution of Council on the

recommendation of Senate in accordance with any procedures which

may be approved by Council on the recommendation of Senate.

(b) An Honorary Professor will be expected to contribute to the activities of

the University in any way that will enhance its service and prestige, in

accord with the competent authorities.

(c) An Honorary Professor will be entitled to such academic prerogatives of

Professors who are not attached to specific duties.

9. Emeritus Professors

(a) Professors who retire after at least ten years of service at that grade or,

if they retire before, by resolution of Senate, shall become Emeritus

Professors;

(b) An Emeritus Professor is entitled to the same prerogatives as an

Honorary Professor;

(c) An Emeritus Professor shall take precedence in all public ceremonies of

the University immediately after the members of Senate.

10. University Fellows

University Fellows may be appointed by Council in accordance with procedure

approved by Council on the recommendation of Senate as follows

(a) Honorary Fellows, where the University wants to confer such honour on

deserving individuals;

(b) Senior Fellows, in the case of retiring members of staff at the grade of

Professor to enable them to carry on with their research at the

University;

(c) Fellows, in the case of retiring members of the academic staff at the

grade of Associate Professor, Senior Lecturer and Lecturer to enable

them to carry on with their research at the University.

(d) Visiting Fellows, in the case of senior foreign or local scholars of professional

rank or distinction.

11. Rector Emeritus

(a) A former Rector may be appointed Rector Emeritus by a resolution of

Council;

(b) Rector Emeriti shall take precedence in all public ceremonies of the

University as the most senior of the Emeritus Professors after the

Chancellor Emeriti and will have the right to wear the appropriate

academic robes.

12. Chancellor Emeritus

(a) A former Chancellor may be appointed Chancellor Emeritus by a

resolution of Council;

(b) Chancellor Emeriti shall take precedence in all public ceremonies of the

University as the most senior of the Emeritus Professors and will have

the right to wear the appropriate academic robes.

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Statute 8 - NON-ACADEMIC APPOINTMENTS AND PROMOTIONS

Citation

1. The title of this statute is Statute 8 of the University of Malta -

Appointments and Conditions of Employment of Administrative, Technical and

Industrial Staff of the University of Malta.

Appointments and Conditions of Employment of Administrative, Technical and

Industrial Staff

2. Appointments of administrative, technical and industrial staff shall be made

by Council on the recommendation of Selection Boards appointed in accordance

with procedures approved by Council from time to time.

3. The conditions of employment of administrative, technical and industrial

staff shall be regulated by the Collective Agreement which may be agreed upon from

time to time between the University of Malta and the relevant union or unions, and

any procedures which may be approved by Council from time to time.

Honorary Fellows

4. Honorary Fellows may be appointed by Council on the recommendation of

Senate, where the University wants to confer such honour on deserving individuals,

according to the Criteria for the Appointment of University Fellowships.

Statute 9 - APPOINTMENT OF EXAMINERS

(Deleted by Legal Notice 313 of 2015).

Statute 10 - OFFICIAL PUBLICATIONS

(Deleted by Legal Notice 313 of 2015).

B - REGULATIONS AND BYE-LAWS

ROI - ADMISSION REGULATIONS, 2016

Citation and interpretation

1. (1) The title of these regulations is the Admissions Regulations, 2016 of the

University of Malta.

(2)

In these regulations, unless the context otherwise requires, the terms used

shall be taken to mean as indicated hereunder

"the Admissions Board" means the Admissions Board appointed by Senate as

provided in regulation 11;

"the Board" means the Board of a faculty, institute, centre, or school of the

University;

"the Course" means a programme of study leading to a University qualification;

"the Dean" means the Dean of a faculty or the Director of an institute, centre, or

school of the University;

"the Faculty" means a faculty, institute, centre, or school of the University;

"the Senate" means the Senate of the University; and

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"the University" means the University of Malta.

Applicability

2. These regulations shall be applicable from September 2016 onwards.

Courses

3. The Courses are offered at the following levels

(a) Doctoral Degrees;

(b) Postgraduate Degrees, Diplomas, Certificates and Awards;

(c) Undergraduate Degrees, Diplomas, Certificates and Awards; and

(d) Non-Tertiary Courses consisting of (i) Foundation Studies Courses; (ii)

Pre-Tertiary Certificate Courses; and (iii) Courses offered by the Junior

College of the University.

Students of the University

Applicants to Courses shall be accepted as

(1) regular students if they satisfy the requirements of the statutes, regulations

and bye-laws, and have been judged eligible to be so admitted; or

(2)

probationary students in an undergraduate course if they

(a) have reached the age of 18 by the 31 st December of the year during

which the course for which they apply commences; and

(b) are in possession of the required Secondary Education Certificate (SEC)

Examination passes at grade 5 or better or at SEC level 3 in English

Language, Maltese and Mathematics as indicated in regulation 12(1)(b) of

these regulations; and

(c) have sat all six subjects as specified in regulation 5 (2) (a) as indicated

in the Matriculation Certificate Regulations, 2013; and

(d) have attempted to improve their Matriculation Certificate by sitting for

the required subject or subjects at the MATSEC Second Session of

examinations (normally held in September) of the year during which the

course for which they apply commences; and

(e) have obtained EITHER a pass grade in at least one subject from each

Group 1, 2 and 3 and in Systems of Knowledge as specified in

regulation 5 (2) (b) (i) and obtained between 38 and 42 points calculated

as specified in regulation 5 (5) both as indicated in the Matriculation

Certificate Regulations, 2013;

OR not less than 44 grade points but lack a pass grade in one subject from one of

the Groups 1, 2 or 3 or in Systems of Knowledge as specified in regulation 5 (2) (b)

(i) of the Matriculation Examination Regulations, 2013;

OR lack not more than a grade (such as a D instead of a C, but not an F instead of

a pass grade E) in a subject or subjects indicated as special course requirements

(Advanced or Intermediate level) for the course applied for, as long as they have

obtained a pass grade in at least one of the subjects from each Group 1, 2 and 3 and

in Systems of Knowledge as specified in regulation 5 (2) (b) (i), and not less than 38

points calculated as indicated in regulation 5 (5), both as indicated in the

Matriculation Certificate Regulations, 2013,

*Regulations shall be applicable from October 2022 or later.

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provided that all the provisions indicated in regulation 4 (2) of these

regulations shall not be applicable to the following

(i) courses which are restricted to a limited number of applicants, if all places

have been filled by fully qualified applicants. Should any places remain

vacant after the results of the MATSEC Second Session of examinations,

the Faculty Admissions Committee concerned shall have sole discretion

to decide on the criteria for choosing applicants for admission as

probationary students in terms of these regulations;

(ii) courses that are not governed by the General Regulations for

Undergraduate Courses; and

(iii) courses that may be accessed through a Certificate course at level 4 of the

Malta Qualifications Framework (MQF) designed for the purpose of

providing an alternative route to a higher level Undergraduate Course,

unless the Board concerned makes a specific recommendation to the

Admission Board; or

(3) visiting students if they are accepted to register on study-units with the

intention of obtaining credits, but are not enrolled in a programme of study leading

to a qualification; or

(4) auditing students if they are accepted to follow study-units without the

intention of obtaining credits and are not enrolled in a programme of study leading to

a qualification.

Regular Students

5. Applicants shall be admitted as doctoral or postgraduate regular students if

they satisfy the entry requirements as specified in the general regulations and the

respective Course regulations or bye-laws and have been judged eligible to be so

6. Applicants shall be admitted as undergraduate regular students if they

(a) satisfy the entry requirements as specified in these regulations and in

the respective Course regulations or bye-laws; or

(b) have qualifications comparable to the entry requirements as specified in

regulation 12, provided that relevant experience may be considered

together with these qualifications by the Admissions Board; or

(c) will have reached the age of 23 by the first semester of the Course for which

they applied, hereinafter referred to as “Adult Learners”, and are judged to be

eligible for admission by the Admissions Board on the basis of an assessment

to determine whether such applicants are able to achieve the same academic

standards as applicants admitted in terms of regulation 12; or

(d) have satisfied the general entry requirements for admission to the

University, as applicable at the time the qualifications were obtained

and are judged to be eligible for admission by the Admissions Board; or

(e) are eligible to follow a preparatory programme, in order to seek admission to

an undergraduate degree or diploma Course, as stipulated in the Course bye-

laws; or

(f)

are eligible to follow a Foundation Studies Course in order to seek admission

to an undergraduate course relevant to the same subject area; or

(g) are eligible to follow a Pre-Tertiary Certificate Course; or

(h) are accepted by the Admissions Board to follow study-units within the

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Programme in the Liberal Arts and Sciences offered by the University;

or

(i)

possess qualifications which fall short of those required, which shortfall

in qualifications at SEC Level, the Admissions Board, on the advice of

the Access Disability Support Committee, deems to have been due to

a significant disability (including applicants within the Autism

Spectrum and with Specific Learning Difficulties) and provided that the

missing qualifications will not adversely affect the applicant's studies at

University. Each application will be considered on its own merits.

Probationary students

7. * (1) If probationary students successfully complete all study-units included

in the programme of study for the first year of their Course, they shall thenceforth be

considered as regular students.

(2) If, by the end of the first academic year of the Course, probationary students

do not qualify for regular progression, they shall be allowed to proceed conditionally

to the second year of the course if they fulfil the requirements for conditional

progression in terms of the General Regulations for Undergraduate Awards.

(3) If, by the end of the first academic year of the Course, probationary students

do not qualify for regular or conditional progression to the second year of the

Course, they shall be required to withdraw from the Course and shall neither be

entitled to a repeat year nor to an extension year.

(4) Applicants shall be admitted as probationary students in the same course once

only. The Admissions Board may allow applicants to be admitted as probationary students

in a second or subsequent course, if, after examining the applicant’s academic record at the

University, it is deemed that the applicant merits another such opportunity. Such applicants

may also be required to attend an interview.

Visiting students

8. (1)

Visiting students may register for

(a) individual study-units that are offered within University pre-tertiary,

undergraduate and postgraduate Courses, subject to approval by the

Faculty; and

(b) study-units that are designed ad hoc for particular needs, subject to

approval by Senate on the recommendation of the Board.

(2)

Visiting students shall be eligible for certification if they

(a) complete the study-unit, are awarded the credits assigned to it, and pay

any applicable fees; and

(b) satisfy any other requirements prescribed in any other relevant statutes,

regulations and bye-laws of the University.

(3) Visiting students shall be entitled to the rights and privileges accorded to

regular students.

Auditing students

9. (1) The University may allow individuals with particular interests to widen

their knowledge by attending study-units as auditing students.

*Regulations shall be applicable from October 2022 or later.

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(2) Auditing students may be admitted to follow study-units provided the

lecturer concerned poses no objection thereto and is satisfied that the individual has

the necessary academic background to follow the study-units with profit.

(3) Auditing students shall be entitled to the rights and privileges accorded to

regular students, but may not sit for any assessments of the University. The

University may withdraw permission previously granted by it to any auditing

students to follow study-units at any time. Auditing students may be charged an

administrative service fee.

(4) Auditing students are only entitled to a Certificate of Attendance upon attending

the majority of the lectures.

Junior Students of the University

10. * Applicants may be admitted to the University as Junior Students at the

Junior College of the University if they

either (a) are in possession of six passes in the Secondary Education Certificate

(SEC) Examination at grade 5 or better or at SEC level 3, provided that one

of the subjects must be Maltese, English Language or Mathematics. Students

missing one or two subjects from Maltese, English Language or Mathematics

shall be required to attend preparatory classes at the Junior College in order

to satisfy the General Entry Requirements as specified in Regulation 12 of

these regulations;

or (b) possess SEC qualifications which fall short of those required, which

shortfall the Admissions Board, on the advice of the Access Disability

Support Committee, deems to have been due to a significant disability

(including applicants within the Autism Spectrum and with Specific

Learning Difficulties) and provided that the missing qualifications will

not adversely affect the applicant's studies at the Junior College. Each

application shall be considered on its own merits.

The Admissions Board

The Admissions Board shall be composed of the following members

The Rector or his nominated delegate, as ex officio Chairman;

Three members appointed by Senate;

The Registrar (acting also as Secretary); and

One student representative appointed by Senate from among the Senate.

(2) The term of office of the Admissions Board shall be of one year and the

quorum for meetings shall be of three members.

(3)

The Admissions Board shall have the power to

(a) decide on the eligibility of any applicant for admission to the University

as a regular, probationary, visiting, auditing or junior student and, where

it deems appropriate may

(i) require such applicant to satisfy additional conditions; and, or

(ii) restrict the choice of Course, areas of study or study-units within

a Course, to which such applicant may be admitted;

(b) decide on who is admitted to a Course to which admission is limited, in

accordance with the provisions of the respective regulations or bye-laws

*Regulations shall be applicable from October 2022 or later.

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for that Course and such other criteria as may be approved by Senate;

(c) seek the advice of a Faculty Admissions Committee (consisting of the

Dean or his delegate and at least two other academic members

appointed by the Board of the Faculty concerned) on any matter

concerning eligibility for admission to a programme of study or area of

study in that Faculty, and in particular on whether any applicant seeking

admission as a regular student has the necessary academic background

to follow the programme of study with profit, normally after having

assessed the applicant through an interview or another form of

assessment, provided that in such cases, appropriate detailed

documentation shall be kept;

(d) advise Senate on all matters regarding admission to the University and

to programmes of study.

(4) Where the Admissions Board has reason to believe that the presence of an

applicant within the University community could present a clear and present danger

to the well-being and safety of students and staff, or a significant risk that their

safety be imperilled, or that activities on campus be disrupted, the Board shall on the

basis of available evidence have the option to refuse admission, or to grant

admission subject to appropriate safeguards which shall be decided upon on an ad

hoc basis, or to delay admission until expert advice is obtained. For the avoidance of

doubt, evidence could also take the form of expert advice documented in a sworn

Entry Requirements for Undergraduate Courses

12. * (1) General Entry Requirements. Subject to any other provision of these

regulations, the general entry requirements are the following

(a) the Matriculation Certificate, which is awarded to candidates who pass

examinations in a range of subjects that includes a language, a

humanistic, and a science subject, and Systems of Knowledge, as

specified in the Matriculation Examination Regulations; and

(b) passes in the Secondary Education Certificate (SEC) Examination at grade 5

or better or at SEC level 3 in Maltese, English Language and Mathematics,

provided that if a pass in Maltese, and/or English Language, and/or

Mathematics is obtained at Advanced or Intermediate Matriculation Level, a

pass in such subjects in the Secondary Education Certificate Examination is

not required.

(2) In the case of applicants who pursued their secondary education outside

Malta, the University may consider and accept qualifications comparable to the

qualifications stipulated in sub-regulation (1)(a) and (b), provided that the mix of

subjects and levels of the qualifications presented are comparable to the subjects and

l e v e l s r e q u ir e d f o r t h e a w a r d of t he S e c o n d a r y E du c a ti o n C e r t i fic ate and

Matriculation Certificate.

(3) The Admissions Board may consider the acceptance of passes obtained in

other examinations at corresponding levels and grades to the Matriculation

Examination and the Secondary Education Certificate for the purpose of admittance.

(4)

(a) Special Course Requirements. Regulations or bye-laws for a

programme of study may specify other requirements in addition to the

general entry requirements for admission to that Course. In particular,

*Regulations shall be applicable from October 2022 or later.

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they may limit the choice of subjects that may be offered at Advanced

and Intermediate Matriculation Levels and specify the grade to be

obtained in such subjects, or specify alternative qualifications for

admission which would be acceptable, in whole or in part, as

qualifications of similar academic standard.

(b) Each Faculty shall determine the special course requirements for

specific courses offered by it, as laid down in the Course bye-laws.

(c) An applicant who is a graduate of a university or has other

qualifications considered to be sufficient may, on the advice of the

Faculty Admissions Committee concerned, be exempted by the

Admissions Board from any subject in which a pass is required for

admission to a Course in that Faculty.

(5) Maltese as a Requirement. Further to the requirement of Maltese at

Secondary Education Certificate level, the Admissions Board may, in special

circumstances and subject to the conditions set out hereunder, allow an applicant to

offer another subject instead of Maltese, as follows

(a) a Maltese applicant who, for reasons of residence or education abroad

over a significant period during the previous four years, has not

received adequate teaching in Maltese, may be allowed to offer another

language instead of Maltese, or, until September 2018, any other

subject.

(b) a non-Maltese applicant may be allowed to offer instead of Maltese,

another language as approved by the Admissions Board,

provided that, as from September 2018 such other language cannot be English and

applicants whose mother tongue is English shall be required to offer a language other

than English instead of Maltese.

(6) Notwithstanding that provided in sub-regulation (5), where Course

regulations or bye-laws specify Maltese as a special Course requirement, the

required pass in Maltese must be obtained at the level and grade as stipulated in the

respective Course regulations or bye-laws.

Maltese as a Requirement

13. (1) As from October 2025, for admittance to the Junior College, and as from

O c t o b e r 2 0 2 7 , f o r a d m i t t a n c e t o t h e U n i v e r s i t y u n d e rg r a d u a t e c o u r s e s ,

nothwithstanding the requirement of Maltese at Secondary Education Certificate

level, as specified in regulations 10 and 12 of these regulations, the Admissions

Board may, in special circumstances and subject to the conditions set out hereunder,

allow an applicant to offer another language instead of Maltese, as follows

(a) a Maltese applicant, who pursued less than three years of compulsory

secondary level schooling in Malta, may present a pass in Il-Malti bħala

Lingwa Barranija at SEC level 3 or in another language at SEC level 3

or at grade 5 or better or at a comparable level.

(b) a Non-Maltese applicant, who pursued at least four years of compulsory

secondary level schooling in Malta, may present a pass in Il-Malti bħala

Lingwa Barranija at SEC level 3.

(c) a Non-Maltese applicant, who pursued less than four years of compulsory

secondary level schooling in Malta, may present a pass in Il-Malti bħala

Lingwa Barranija at SEC level 3 or in another language at SEC level 3

or at grade 5 or better or at a comparable level.

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(2) Notwithstanding that provided in paragraph (1) of this regulation, where for

admittance to the University Undergraduate courses, course regulations or bye-laws

specify Maltese as a special Course requirement, the required pass in Maltese must be

obtained at the level and grade as stipulated in the respective Course regulations or bye-

laws.

Proficiency and Aptitude Tests

14. (1) The regulations or bye-laws of undergraduate or postgraduate Courses

may require applicants to

(a) pass a proficiency test in one or more subject/s, as approved by the

Faculty offering the Course; and, or

(b) pass an aptitude test.

(2) Senate, on the advice of the Board, shall appoint a Board of Examiners for

aptitude and proficiency tests.

Recognition and Accreditation of Prior Learning (RPL)

15. (1) Adult Learners may access a Course of study based on knowledge, skills

and competencies acquired through prior learning and experientially. Such

applicants shall receive adequate support from the RPL Administrative Office to

enable them to identify and collect all the evidence required for the validation of

their prior informal and/or non-formal learning.

(2) RPL applications shall typically be assessed by only one RPL assessor,

provided that if the application relates to more than one major area of study more

assessors may be involved.

(3) Once an application has been assessed, the RPL assessor/s shall submit a detailed

report to the Faculty Admissions Committee which will subsequently submit its

recommendation to the Board for a final decision.

Further Provisions

16. (1) Admission to a Course after its Commencement. An applicant who is

qualified for admission to the University as a regular student may be allowed by the

Admissions Board, subject to any conditions it may impose, to join a Course in its

second year or any following year.

(2)

(a) Concurrent Courses. Unless with the special permission of the Senate, a

student may not register concurrently for more than one Course leading

to a degree, diploma or certificate, except in the cases listed in

paragraph (b).

(b) Students may be allowed to register for any concurrent courses, if the

student’s workload does not exceed 75 ECTS credits per academic year in the

case of full-time students or if the student’s workload does not exceed 45

ECTS credits per academic year in the case of part-time students.

(3) A student who discontinues a Course or is not permitted by the relevant

Course regulations or bye-laws, to continue a Course, shall not be allowed to re-

register as a student in any Course before the lapse of one year from the effective

date of such discontinuation, unless with the permission of the Admissions Board.

(4) Exceptionally, and for objective reasons, Course bye-laws may specify a

minimum age for admission, as approved by Senate.

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Applications for Admission

17. (1) Applicants wishing to join Courses in terms of these regulations shall

apply by the prescribed dates unless, in special circumstances, with the permission

of the Admissions Board.

(2) Applicants shall submit all supporting documents, including an original

recent Police Good Conduct Certificate, if required, within the deadline stipulated by

the Office of the Registrar. Should they fail to do so, applicants shall be considered

as no longer interested to pursue the Course/s they applied for.

(3)

(a) For Courses which involve work with vulnerable persons, applicants

shall submit an original recent Police Good Conduct Certificate. A list

of such Courses shall be approved by Senate and shall be published at

the time of call for applications.

(b) In cases where the Police Good Conduct Certificate includes any

declaration, the certificate shall be considered by a sub-committee

appointed by Senate for the purpose. The sub-committee shall make its

recommendations to the Admissions Board.

Added by

II. 1995.5.

[Article 84]

(The following are a translation in English of the originals which were made in the

Italian language, the original Italian text follows the English text).

AGREEMENT BETWEEN THE HOLY SEE AND THE GOVERNMENT OF THE

REPUBLIC OF MALTA REGARDING THE INCORPORATION OF THE FACULTY OF

THEOLOGY IN THE UNIVERSITY OF MALTA

The Holy See and the Government of the Republic of Malta, keeping in mind the

historical development of the University studies in Malta and having above all

considered the advantages of a scientific, cultural and social character which could

be derived from closer ties of the Faculty of Theology with the University of Malta,

by common accord established as follows

1. The Faculty of Theology is incorporated in the University of Malta. Such

incorporation and the functions of the Faculty of Theology are regulated, in the first

place, by the provisions of the present Agreement, and, in the second place by the

Laws of Malta and by the Statutes of the same University.

2. Academic degrees and diplomas conferred by the Faculty of Theology shall

have canonical and civil value.

3. As regards the structure, the internal organization, the academic and the

student bodies, the Faculty of Theology is incorporated in the University of Malta in

the same state of fact in which it exists on the date of the present Agreement and as

shown in the Annex, saving the right of the same Faculty, for its reasonable and

proper development, to vary the number of students and of teachers, as also the right

to provide for other courses of theology and of any other discipline connected

therewith, if this is deemed necessary for the appropriate preparation of its students.

4. The University of Malta, in everything that regards the regulation of the

EDUCATION

studies and the academic and canonical requirements for the teachers in the Faculty

of Theology, shall proceed in accordance with what is laid down in the Apostolic

Constitution "Sapientia Christiana" of 15 April 1979 and in the "Ordinationes"

issued by the Congregation for Catholic Education on 29 April 1979 and with such

canonical norms as may in future complete or substitute those contained in the said

documents of the Holy See.

The candidates for the post of teacher in the Faculty of Theology shall provide

themselves beforehand with a certificate from the Archbishop of Malta attesting that

there is no canonical objection in their respect.

For the disciplines in matters of faith and morals, the University of Malta shall

communicate in due time to the said Archbishop the name of the candidate chosen

after the selection process, who shall receive the appointment of teacher after he

shall have subscribed to the profession of faith before the same Ordinary and

received from him the canonical mission.

Should the same Archbishop, for reasons pertaining to the faith, to moral conduct

or to ecclesiastical discipline, revoke the "nihil obstat" or the canonical mission to a

teacher, the latter shall cease to form part of the Faculty of Theology and

proceedings shall immediately be taken for the appointment of a new teacher.

5. The Government of Malta and, through the Foundation for Theological

Studies, the Archdiocese of Malta shall provide the economic means which are

necessary for the proper functioning of the Faculty of Theology, in such measure and

with such modalities as shall be established by common accord.

6. The Chairman of the Foundation for Theological Studies or his delegate

shall form part of the Council of the University. Two representatives of the same

Foundation for Theological Studies shall be members of the Faculty Board of

Theology.

7. Should there arise, in future, any difficulty of interpretation or application of

the foregoing provisions, the Holy See and the Government of the Republic of Malta

shall entrust the search for an amicable solution to a Joint Commission which shall

be composed, on the part of the Holy See, by the Apostolic Nuncio in Malta and by

the Archbishop of Malta or by their delegates, and, on the part of the Maltese

Government, by the Minister of Education and by the Rector of the University, or by

their delegates.

26th September, 1988

(Sgd.)

(Sgd.)

Dr. Ugo Mifsud Bonnici

Mgr. Pier Luigi Celata

Minister of Education

Tit. Archbishop of Doclea

Apostolic Nuncio

On behalf of the

On behalf of

Government of Malta

the Holy See

ANNEX REGARDING ARTICLE 3 OF THE AGREEMENT SIGNED ON 26 SEPTEMBER

1988 BETWEEN THE HOLY SEE AND THE GOVERNMENT OF THE REPUBLIC OF

MALTA ON THE INCORPORATION OF THE FACULTY OF THEOLOGY IN THE

UNIVERSITY OF MALTA

We certify that on 26 September 1988 the Faculty of Theology consists of the

following three entities, canonically established

(A) The Faculty of Theology proper; (B) The Institute for Religious Studies; (C)

The Institute of Philosophy and Human Studies.

EDUCATION

(A) The Faculty of Theology proper comprises three cycles: the first, of five

years’ duration, leads to the conferment of a Bachelor ’s degree (S.Th.B.); the

second, of two years duration, leads to the conferment of a Licentiate (S.Th.L.); the

third, lasting an adequate number of years, leads to the attainment of a Doctorate

(S.Th.D.). The Faculty also confers a Diploma in Pastoral Theology.

The teaching staff includes Permanent and non-Permanent teachers as well as

Visiting Teachers. The Permanent teachers are divided into three grades: Lecturers,

Associate Professors and Professors. The non-Permanent teachers and Visiting

Teachers may be Maltese or foreign, and vary in number according to the needs of

the Departments. Besides, the Faculty includes 3 Emeritus Professors.

The Faculty consists of six Departments each with its own teaching staff, as

follows

1. Department of Fundamental and Dogmatic Theology, including Ecumenism

with three permanent teachers (a Professor and two Lecturers);

2. Department of Moral Theology, including Spiritual and Ascetic Theology

with two Permanent teachers (both Professors);

3. Department of Holy Scripture, Hebrew and Greek: with three Permanent

teachers (a Professor and two Lecturers);

4. Department of Church History, Patristics and Palaeo-Christian Archaeology

with two Permanent teachers (a Professor and another post, currently vacant);

5. Department of Pastoral Theology, Canon Law and Liturgy: with 5

Permanent teachers (a Professor, an Associate Professor, two Lecturers and an

Assistant Lecturer);

6. Department of Philosophy: with 5 Permanent teachers (a Professor, two

Lecturers and two currently vacant posts). During the last year, when students of

philosophy already followed courses at the University, the Government, in

anticipation of the incorporation of the Faculty of Theology in the University, had

already assigned to the Department of Philosophy of the Faculty of Theology an

amount corresponding to four full-timers (a Professor and three Lecturers), one of

them being detailed to teach a subject already included in the Department of Pastoral

Theology of the Faculty of Theology. This matter might eventually be taken into

consideration by the Council of the Faculty.

Subject to approval by the Council of the Faculty, every Department invites

annually non-Permanent staff to lecture according to its needs. Every Department

has its own Co-ordinator.

The Permanent members of the teaching body, who are on part-time employment,

are present at the Faculty of Theology according to the following number of weekly

sessions: 5 Professors for 4 sessions and one Professor for 2/3 sessions; an Associate

Professor for 2 sessions; one Lecturer for 4 sessions, 4 Lecturers for 3 sessions, 6

Lecturers for 2 sessions and one Lecturer for one session. Every session corresponds

to half a working day.

(B) The Institute for Religious Studies is empowered to confer the degree of

Bachelor in Religious Studies and is structured in a cycle of part-time evening

courses of 5 years’ duration. It is also empowered to confer a Diploma in Religious

Studies at the end of a two-year course.

The Institute is based in Floriana (Catholic Institute), is governed by its own

Director and a Board which is subject to the Council of the Faculty of Theology,

whose Rector is the Chairman of the same Board. The teachers of the Institute are

EDUCATION

chosen mainly from the Permanent staff of the same Faculty, but other teachers are

also invited.

(C) The Institute of Philosophy and Human Studies consists of a cycle of three

years with courses in Philosophy, Psychology and Sociology. It is empowered to

confer the degree of Bachelor in philosophy and Human Studies.

With the incorporation of the Faculty of Theology in the University, the Institute

of Philosophy and Human Studies will in actual fact remain in abeyance.

The students registered at the Faculty of Theology in the academic year 1988-

1989 are divided as follows

(a) Faculty of Theology proper: 36 regulars and 13 curriculars. In addition,

there are another 19 students who, as foreseen for the first cycle of

Theology, follow courses in Philosophy and who are divided as follows

15 are regulars enrolled in the Faculty of Arts of the University of

Malta, 2 are about to be enrolled in the same Faculty on the strength of

“mature matriculation”, and 2 are curriculars registered at the Faculty of

Theology;

(b) Institute for Religious Studies: 82 regulars and 12 curriculars;

(c) Institute of Philosophy and Human Studies: 4 regulars and 1 curricular.

(Sgd.)

(Sgd.)

+ Giuseppe Mercieca

Vincenzo Borg

The Grand Chancellor

The Rector

FINANCIAL AGREEMENT BETWEEN THE GOVERNMENT OF MALTA AND THE

ARCHDIOCESE OF MALTA FOR THE FINANCING OF THE FACULTY OF THEOLOGY

IN THE UNIVERSITY OF MALTA

The Government of Malta and the Archdiocese of Malta, wishing to give practical

effect to what has been agreed between the Holy See and the said Government in

Article 5 of the Agreement of the 26 September 1988 on the incorporation of the

Faculty of Theology in the University of Malta, concerning the joint financing of the

said Faculty, establish as follows

1. The Government of Malta shall finance the Faculty of Theology according

to the same criteria which it applies for the financing of the other Faculties.

2. The Archdiocese of Malta, through the Foundation for Theological Studies,

shall contribute towards the financing of the Faculty of Theology the funds to the

extent considered necessary, over and above the funds assigned by the Government

for the University budget, in order to ensure that the said Faculty may exercise its

function in accordance with the provisions of Articles 3 and 4 of the aforementioned

Agreement betwe en the Holy S ee and the Gove r nm e nt o f M a l ta . T h e sa id

contribution may be, as a maximum, equal to that assigned by the Government.

3. The competent administrative organs of the University shall promptly

submit to the Foundation for Theological Studies a statement of the contribution

established by the Government to finance the Faculty and the amount of the

expenditure estimated by the said Faculty for its proper functioning.

4. The Foundation for Theological Studies shall, within 30 days from receipt of

the statement of contribution aforementioned in article 3, examine the estimated

expenditure of the Faculty and, keeping in mind the contribution established by the

Government, shall inform the Dean of the Faculty of the amount of its contribution

EDUCATION

which shall be forwarded in quarterly instalments.

5. Any part of the contribution by the Foundation for Theological Studies that

shall result unspent at the end of the annual fiscal period for which the said

contribution had been allocated shall be refunded to the said Foundation.

6. Should there arise, in future, any difficulty of interpretation or application of

the foregoing provisions, the Government of Malta and the Archdiocese of Malta

shall entrust the search for an amicable solution to a Joint Commission which shall

be composed, on the part of the Government of Malta, by the Minister of Education

and the Secretary of the Ministry of Education, or by their representatives, and on

the part of the Archdiocese of Malta, by the President of the Foundation for

Theological Studies and the Director of the Foundation for Theological Studies, or

by their representatives, and by a Chairman elected by the other members.

26 September 1988

(Sgd.)

(Sgd.)

Ugo Mifsud Bonnici

+Giuseppe Mercieca

For the Government of Malta

For the Archdiocese of Malta

(Sgd.)

+Pier Luigi Celata

(The original of this document is in the Italian and English languages, the Italian

text follows the English text).

ADDITIONAL PROTOCOL TO THE AGREEMENT BETWEEN THE HOLY SEE AND THE

GOVERNMENT OF THE REPUBLIC OF MALTA REGARDING THE INCORPORATION

OF THE FACULTY OF THEOLOGY IN THE UNIVERSITY OF MALTA

The Holy See and the Government of Malta, following the proposal presented by

the said Government and subsequent discussions, by common accord decide to

amend Article Six of the Agreement on the incorporation of the Faculty of Theology

in the University of Malta, signed on 26 September 1988, to read as follows

“A representative of the Chairman of the Foundation for Theological Studies,

nominated by the said Chairman, shall form part of the Council for the

University. Two representatives of the Foundation for Theological Studies,

nominated by the said Foundation, shall form part of the Faculty Board of

Theology.”

The present Additional Protocol forms an integral part of the Agreement signed by

the Parties on 26 September 1988.

Done at Valletta, Malta, on the 26th day of January one thousand nine hundred and

ninety five in two originals, each in the Italian and English languages, both texts

being equally authentic.

For the Holy See

For the Government of Malta

(Sgd.)

(Sgd.)

+Pier Luigi Celata

Michael Falzon

Titular Archbishop of Doclea

Minister of Education and Human Resources

Apostolic Nuncio

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ACCORDO TRA LA SANTA SEDE E IL GOVERNO DELLA REPUBBLICA DI MALTA

SULL'INCORPORAZIONE DELLA FACOLTÀ DI TEOLOGIA NELL’ UNIVERSITÀ DI

MALTA

La Santa Sede e il Governo della Repubblica di Malta, avendo presente lo

sviluppo storico degli studi universitari a Malta ed avendo soprattutto considerato i

vantaggi di carattere scientifico, culturale e sociale che potranno derivare da un più

stretto collegamento della Facoltà di Teologia con l’Università di Malta, stabiliscono

di comune intesa quanto segue

1. La Facoltà di Teologia è incorporata nell’ Università di Malta.

Tale incorporazione e le funzioni della Facoltà di Teologia sono regolate, in primo

luogo, dalle disposizioni del presente Accordo e, in secondo luogo, dalle Leggi di

Malta e dagli Statuti della stessa Università.

2. I gradi accademici e i diplomi conferiti dalla Facoltà di Teologia avranno

valore canonico e civile.

3. Per quel che concerne la struttura, l’organizzazione interna, il corpo

accademico e quello studentesco, la Facoltà di Teologia è incorporata nell’

Università di Malta nello stato di fatto in cui essa si trova alla data del presente

Accordo e come risulta dall’Allegato, salvo restando alla stessa Facoltà, per un suo

ragionevole ed adeguato sviluppo, il diritto di variare il numero degli studenti e dei

docenti, nonché il diritto di provvedere altri corsi di teologia e di qualunque altra

disciplina connessa, se ciò sarà ritenuto necessario per la congrua preparazione dei

suoi studenti.

4. L’Università di Malta, in tutto ciò che riguarda l’ordinamento degli studi ed

i requisiti accademici e canonici dei docenti della Facoltà di Teologia, procederà in

conformità con quanto prescritto dalla Costituzione Apostolica "Sapientia

Christiana" del 15 aprile 1979 e dalle "Ordinationes" emanate dalla Congregazione

per l’Educazione Cattolica il 29 aprile 1979 e con eventuali norme canoniche che in

futuro dovessero integrare o sostituire quelle contenute in tali documenti della Santa

Sede.

I concorrenti ad un posto di docente nella Facoltà di Teologia dovranno munirsi

previamente di un attestato dell’ Arcivescovo di Malta che non vi è alcuna obiezione

canonica contro di essi.

P e r l e d i s c i p li n e c o n c e r n e n ti l a f e d e e l a m o r a l e , l ’ U n iv e r s i t à d i M a l ta

comunicherà tempestivamente allo stesso Arcivescovo il nome del candidato

vincitore del concorso, il quale riceverà la nomina di docente dopo che avrà emesso

la professione di fede presso il medesimo Ordinario e da questi avrà ricevuto la

"missione canonica"

Qualora lo stesso Arcivescovo, per ragioni attinenti alla fede, alla condotta morale

o alla disciplina ecclesiastica, dovesse revocare il "nulla osta" o la "missione

canonica" a un docente, questi cesserà di far parte della Facoltà di Teologia e

immediatamente si procederà per la nomina di un nuovo docente.

5. ll Governo di Malta e, tramite la "Foundation for Theological Studies",

l’Arcidiocesi di Malta forniranno i mezzi economici necessari per il conveniente

funzionamento della Facoltà di Teologia, nella misura e nei modi che saranno

stabiliti di comune intesa.

6. ll Presidente della "Foundation for Theological Studies" o un suo delegato

farà parte del Consiglio dell’ Università. Due rappresentanti della stessa "Foundation

for Theological Studies" faranno parte del Consiglio della Facoltà di Teologia.

EDUCATION

7. Se in avvenire sorgessero difficoltà di interpretazione o di applicazione delle

precedenti disposizioni, la Santa Sede e il Governo della Repubblica di Malta

affideranno la ricerca di un’amichevole soluzione ad una Commissione Paritetica

che sarà composta, per parte della Santa Sede, dal Nunzio Apostolico a Malta e

dall’Arcivescovo di Malta o da loro delegati, e, per parte del Governo Maltese, dal

Ministro dell’Educazione e dal Rettore dell’Università, o da loro delegati.

26 settembre 1988

Per il Governo di Malta

Per la Santa Sede

(firmato)

(firmato)

Dr. Ugo Mifsud Bonnici

+Mgr. Pier Luigi Celata

Ministro dell’Educazione

Arcivescovo tit.di Doclea

Nunzio Apostolico

ALLEGATO RELATIVO ALL'ART. 3 DELL'ACCORDO DEL 26 SETTEMBRE 1988 TRA

LA SANTA SEDE ED IL GOVERNO DELLA REPUBBLICA DI MALTA

SULL'INCORPORAZIONE DELLA FACOLTÀ DI TEOLOGIA

NELL'UNIVERSITÀ DI MALTA

Si attesta che alla data del 26 settembre 1988 la Facoltà di Teologia consta delle

tre seguenti entità, canonicamente erette;

(A) Facoltà di Teologia propriamente detta; (B) "Institute for Religious Studies";

(C) "Institute of Philosophy and Human Studies".

(A) La Facoltà di Teologia propriamente detta: comprende tre cicli, di cui il

primo della durata di 5 anni, al termine del quale è conferito il Baccalaureato

(S.Th.B); il secondo della durata di 2 anni, al termine del quale è conferita la

Licenza (S.Th.L.); il terzo, della durata di un congruo numero di anni, per il

conseguimento del Dottorato (S.Th.D.). La Facoltà conferisce pure il Diploma in

Teologia Pastorale.

Il corpo docente comprende docenti Permanenti, non-Permanenti e Visiting-

Teachers. I docenti Permanenti sono divisi in tre gradi: Lettori, Professori-Associati,

Professori. I docenti non-Permanenti e i Visiting-Teachers possono essere maltesi o

stranieri, e variano di numero secondo le esigenze dei Dipartimenti. La Facoltà

annovera, inoltre, 3 Professori Emeriti.

La Facoltà consta di sei Dipartimenti con i relativi docenti, come segue

1. Dipartimento di Teologia Fondamentale e Dogmatica, incluso

l’Ecumenismo: con 3 docenti Permanenti (di cui un Professore e due Lettori);

2. Dipartimento di Teologia Morale, inclusa la Teologia Spirituale ed Ascetica

con 2 docenti Permanenti (Professori);

3. Dipartimento di Sacra Scrittura, Ebraico e Greco: con 3 docenti Permanenti

(di cui un Professore e due Lettori);

4. Dipartimento

di

Storia

della

Chiesa,

Patristica

ed

Archeologia

EDUCATION

Paleocristiana: con 2 docenti Permanenti (tra cui un Professore ed un posto

attualmente vacante);

5. Dipartimento di Teologia Pastorale, Diritto Canonico e Liturgia: con 5

docenti Permanenti (tra cui un Professore, un Professore-Associato, due Lettori ed

un Assistente-Lettore);

6. Dipartimento di Filosofia: con 5 docenti Permanenti (tra cui un Professore,

due Lettori e due posti attualmente vacanti). In quest’ultimo anno, quando gli

studenti di Filosofia frequentavano già i corsi presso l’Università, il Governo, nella

previsione dell’incorporazione della Facoltà di Teologia nell’Università, aveva già

assegnato al Dipartimento di Filosofia della Facoltà di Teologia una cifra

corrispondente a quattro "full timers" (un Professore e tre Lettori), uno dei quali

destinato all’insegnamento di una scienza già inclusa nel Dipartimento di Teologia

Pastorale della Facoltà di Teologia. Questa materia potrà essere eventualmente

considerata dal Consiglio di Facoltà.

Ogni Dipartimento, col consenso del Consiglio di Facoltà, invita annualmente dei

Lettori non-Permanenti secondo i propri bisogni. Ogni Dipartimento è retto da un

proprio coordinatore.

I membri Permanenti del corpo docente, su una base di impiego "part-time", sono

presenti nella F acol tà di Teologi a secondo il seguent e n umero di sessioni

settimanali: 5 Professori per 4 sessioni e 1 Professore per 2/3 sessioni; 1 Professore-

Associato per 2 sessioni; 1 Lettore per 4 sessioni, 4 Lettori per 3 sessioni, 6 Lettori

per 2 sessioni ed 1 Lettore per 1 sessione. Ogni sessione corrisponde a mezza

giornata lavorativa.

(B) "Institute for Religious Studies" è abilitato a conferire il Baccalaureato in

Studi Religiosi ed è strutturato in un ciclo di corsi serali "part-time" della durata di 5

anni. È altresì abilitato a conferire il Diploma in Studi Religiosi dopo un ciclo

biennale di corsi.

L’istituto ha sede in Floriana (Istituto Cattolico), è retto da un proprio Direttore e

da un "Board" soggetto al Consiglio della Facoltà di Teologia, il cui Rettore è il

"Chairman" dello stesso "Board". I docenti dell’ istituto sono scelti, per lo più, fra

quelli Permanenti della stessa Facoltà, ma sono invitati anche altri docenti.

(C)

"Institute of Philosophy and Human Studies" comprende un ciclo di 3 anni

con corsi di Filosofia, Psicologia e Sociologia. È abilitato a conferire il

Baccalaureato in Filosofia e Scienze Umane.

Con l’incorporazione della Facoltà di Teologia nell’Università, l’Istituto di

Filosofia e Scienze Umane, di fatto, rimarrà sospeso.

Gli studenti iscritti alla Facoltà di Teologia nell’anno accademico 1988-1989 sono

così distribuiti

(a) Facoltà di Teologia propriamente detta: 36 "regulars" e 13 "curriculars".

Sono inoltre da aggiungere 19 studenti che, come previsto per il l° ciclo

di teologia, seguono corsi di filosofia e sono così distribuiti: 15

"regulars" iscritti alla Facoltà di Lettere nell’Università di Malta, 2 in

procinto di esservi iscritti in base alla "mature matriculation", 2

"curriculars" iscritti alla Facoltà di Teologia;

(b) "Institute for Religious Studies": 82 "regulars" e 12 "curriculars";

(c) "Institute of Philosophy and Human Studies": 4 "regulars" e 1

"curricular".

EDUCATION

(firmato)

(firmato)

+ Giuseppe Mercieca

Vincenzo Borg

Il Gran Cancelliere

Il Rettore

INTESA FINANZIARIA TRA IL GOVERNO DI MALTA E L'ARCIDIOCESI DI MALTA

PER IL FINANZIAMENTO DELLA FACOLTÀ DI TEOLOGIA

DELL'UNIVERSITÀ DI MALTA

Il Governo di Malta e l’Arcidiocesi di Malta, desiderando dare concreta attuazione

a quanto convenuto tra la Santa Sede e lo stesso Governo all’Art. 5 dell’Accordo del

26 settembre 1988 sull’incorporazione della Facoltà di Teologia nell’ Università di

Malta, circa il comune finanziamento della medesima Facoltà stabiliscono quanto

segue

1. Il Governo di Malta finanzierà la Facoltà di Teologia secondo gli stessi

criteri da esso applicati per il finanziamento delle altre Facoltà.

2. L’Arcidiocesi di Malta, tramite la "Foundation for Theological Studies",

contribuirà al finanziamento della Facoltà di Teologia nella misura ritenuta

necessaria, oltre i fondi destinati dal Governo nel Budget dell’ Università, ad

assicurare che la stessa Facoltà possa svolgere le proprie funzioni in modo

rispondente a quanto stabilito negli art. 3 e 4 dell’Accordo sopra citato tra la Santa

Sede e il Governo di Malta. Tale contributo potrà raggiungere, al massimo, quello

assegnato dal Governo.

3. I competenti organi amministrativi dell’ Università comunicheranno

sollecitamente alla "Foundation for Theological Studies" l’ammontare del contributo

stabilito dal Governo per il finanziamento della Facoltà e 1’ammontare della spesa

prevista dalla stessa Facoltà per il suo conveniente funzionamento.

4. La "Foundation for Theological Studies", entro 30 giorni dalla data della

comunicazione di cui al punto 3 della presente Intesa, esaminerà la previsione di

spesa della F acoltà e, tenendo conto del contributo disposto dal Governo,

comunicherà al Decano della Facoltà l’ammontare del proprio contributo, che

verserà in rate trimestrali.

5. La parte del contributo della "Foundation for Theo1ogical Studies" che

risulterà non essere stata spesa al termine dell’ esercizio finanziario annuale per il

qual e lo stesso contributo era stato predisposto, sarà restituita alla stessa

"Foundation".

6. Qualora sorgessero difficoltà di interpretazione o di applicazione delle

precedenti disposizioni, il Governo della Repubblica di Malta e l’Arcidiocesi di

Malta affideranno la ricerca di un’amichevole soluzione ad una commissione

paritetica che sarà composta, per parte del Governo Maltese, dal Ministro

dell’Educazione e dal Segretario Generale del Ministero dell’Educazione, o da loro

delegati, per parte dell’Arcidiocesi di Malta, dal Presidente della "Foundation for

Theological Studies" e dal Direttore della "Foundation for Theological Studies", o da

loro delegati, e da un Presidente che sarà eletto dagli altri membri.

26 settembre 1988

(firmato)

(firmato)

Ugo Mifsud Bonnici

+Giuseppe Mercieca

Per il Governo di Malta

Per l’Arcidiocesi di Malta

EDUCATION

(firmato)

+Pier Luigi Celata

PROTOCOLLO AGGIUNTIVO ALL'ACCORDO TRA LA SANTA SEDE E IL GOVERNO

DELLA REPUBBLICA DI MALTA SULL'INCORPORAZIONE DELLA

FACOLTÀ DI TEOLOGIA NELL'UNIVERSITÀ DI MALTA

La Santa Sede e il Governo di Malta, facendo seguito alla proposta avanzata dallo

stesso Governo ed alle successive discussioni, stabiliscono di comune intesa di

emendare 1’Articolo Sei dell’Accordo sull’incorporazione della Facoltà di Teologia

nell’Università di Malta, firmato il 26 settembre 1988, come segue

"Un rappresentante del Presidente della “Foundation for Theological Studies”,

nominato dallo stesso Presidente, farà parte del Consiglio dell’Università.

Due rappresentanti della "Foundation for Theological Studies", da questa

nominati, faranno parte del Consiglio della Facoltà di Teologia".

Il presente Protocollo aggiuntivo è parte integrale dell’Accordo firmato dalle due

Parti il 26 settembre 1988.

Fatto alla Valletta, Malta, il 26 del mese di gennaio millenovecentonovantacinque,

in due testi originali, ciascuno in italiano e in inglese, ambedue facenti ugualmente

fede.

Per la Santa Sede

Per il Governo di Malta

(firmato)

(firmato)

+Pier Luigi Celata

Michael Falzon

Arcivescovo tit. di Doclea

Ministro dell’ Educazione e Risorse Umane.

Nunzio Apostolico

Added by

XIII. 2006.16.

[Article 17(2)]

Amended by

XIII. 2012.3.

The Permanent Committee for Education shall be composed as follows

(a) the Minister, as Chairperson;

(b) the Permanent Secretary in the Ministry, as Deputy Chairperson;

(c) the Directors General of the Directorate established under this Act;

(d) the Chairman of the National Commission for Further and Higher

Education established in Part IV of this Act, or his representative;

(e) those other Directors or officers as the Minister may from time to time

request to attend;

(f)

an officer appointed by the Minister to act as secretary.

Without prejudice to the provisions of this Act, in this Part,

insofar as the context does not otherwise require

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

exercise the teaching profession in Malta under supervision in a

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

which period may include the provision of such further training to

such person, as may be required by the Council, and at the end of

which a proficiency test shall be carried out;

"the Council" means the Council for the Teaching Profession in

Malta established by article 26;

"to practise" in relation to the teaching profession includes the

taking u p or pursuit of the teaching profession in Malta at

compulsory education level bound by the curriculum in a licensed

school;

"professional and ethical standards" includes standards relating

to the general conduct of a member of the teaching profession,

including the behaviour of such member towards his students,

during or consequential to the exercise of his profession, and

behaviour of such member towards other members of his

profession, towards other persons assisting teachers in the exercise

of their profession, and towards society;

"proficiency test" means a test, as may be required by the

Council in accordance with the provisions of this Act, having the

aim of assessing a person’s ability to pursue the teaching profession

EDUCATION

in Malta;

"registered teacher" means a person who is registered in the

official register of teachers kept by the Council and who has been

granted a warrant to practise the teaching profession, in accordance

with article 29;

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

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

manner that such person has the skill to create an environment

which motivates every student and succeeds to teach such student

effectively by motivating his aspirations for the highest values in

life and help him develop creative and thinking skills according to

his age, his physical, moral, social, emotional and intellectual

development and according to the potential of his skills and talents

with the final aim that the student is trained to become a lifelong

learner

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

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

a Kindergarten or Learning Support Assistant, a teacher in a school

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

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

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

compulsory education in terms of the curriculum in a licensed

school

Provided further that a teacher in possession of a Degree of

Bachelor in Education in Early Childhood and Care teaching at

kindergarten level shall be considered as a teacher for all intents

and purposes of the law;

"warrant" means a warrant issued under article 24;

"temporary warrant" means a temporary warrant issued under

article 25.

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

exercise the teaching profession against remuneration or hold

himself to be professionally qualified to do so unless such person is

the holder of a warrant issued under this Act.

(2) Without prejudice to any provision made by or under the

Mutual Recognition of Qualifications Act and regulations made

thereunder, a person shall not qualify for a warrant unless such

person -

(a) is a Maltese citizen, or is otherwise permitted to work

in Malta under any law; and

(b) is of good conduct; and

(c) has full legal capacity; and

(d) is in possession of -

(i) a Degree of Bachelor in Education; or

(ii) a Degree of Bachelor together with a Post-

Graduate Certificate in Education; or

(iii) a Doctorate, or a Bachelor’s Degree and a

Master’s Degree, together with a certificate of a

EDUCATION

pedagogical course organised by the Directorate

for Educational Services established by article

10 or by any other institution which is

recognised by the Council; or

(iv)

any other professional qualification as the

Council may deem comparable; and

(e) satisfies the Council that he has received adequate

experience in the practice of the teaching profession

under supervision in a school or provider of further

education as defined in article 63 which school or

provider is recognised by the relevant competent

authority tasked with the licensing thereof by or under

this Act, or in any other manner as the Council may

decide, for an aggregate period of at least two

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

following the completion of such degree or such other

professional qualification as hereabove mentioned,

and for the purposes of this paragraph the practice by

such teacher of the profession to acquire the above

mentioned experience shall be deemed to be practice

in accordance with this Act

Provided that holders of the Degree of Bachelor in

Education in Early Childhood Education and Care who practise at

kindergarten level and who satisfy the requirements of paragraphs

(a), (b), (c) and (e) shall be eligible for the award of a warrant.

(3) The Post-Graduate Certificate in Education, Bachelor’s

Degree, Masters Degree and Doctorate mentioned in paragraph

(d)(i), (ii) and (iii) in the preceding sub-article shall be a Post-

Graduate Certificate in Education, a Bachelor’s Degree, a Master’s

Degree and a Doctorate awarded by the University of Malta.

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

requirements established under the foregoing provisions of this

article, other requirements in terms of any international or

multinational treaty or agreement entered into by Malta or with the

provisions of any legislation the binding force of which derives

from any such treaty or agreement.

(5) Without prejudice to any provision made by or under the

Mutual Recognition of Qualifications Act, where the duration of a

course leading to the professional qualification possessed by an

applicant is less than the duration for the course leading to the

Degree conferred by the University of Malta or when the

experience referred to in sub-article (2)(e) is less than two years,

the Council may require the applicant to undertake such adaptation

period not exceeding twice the shortfall, as the Council may

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

proficiency test.

Notwithstanding anything contained in the provisions of

this Part, the Minister may award a temporary warrant having a

validity of one year, that may be renewed to any person who, in the

discretion of the Minister, has the necessary proficiency to teach in

EDUCATION

Malta.

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

for the Teaching Profession, which shall be composed of the

following members

(a) a President appointed by the Minister from amongst

persons who have served, or who have the

qualifications to serve, as magistrate or judge;

(b) three registered teachers who have practised the

profession of teacher for not less than eight years,

appointed by the Minister, two of whom will be chosen

in respect of one of them from among the officials of

the Directorate for Quality and Standards in Education

and the other from among the officials of the

Directorate for Educational Services established under

Part II of this Act;

(c) four registered teachers who have practised the

profession of teacher for not less than eight years,

elected by and from among all registered teachers,

provided that two of whom shall be teaching at the

primary level and the other two at the secondary level

of education, and in either case one shall be teaching

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

school sector, and for the purposes of this paragraph

the voting for the election of these members shall be

by post according to those procedures as may be

prescribed;

(d) two practising registered teachers from among

registered teachers and who have practised the

profession of teacher for not less than eight years,

nominated by that association registered with the

Council in accordance with the provisions of this Act

and which satisfies the Council that the majority of the

registered teachers are its members;

(e) two members nominated by the University from

among the permanent academic staff of the Faculty

responsible for the education and training of teachers;

(f)

a parent nominated by the parents’ associations

Provided that in relation to the first appointments, "teacher"

means any person who is qualified to be registered under this Act

Provided further that for the purpose of paragraph (d), the

association or associations to make nominations in relation to the

first appointment shall be that association or those associations that

have the qualifications to be eventually registered under this Act.

(2) The nominations made in terms of the preceding sub-article

shall, for the first time, be made within two weeks from a request in

writing made therefor by the Minister, and for any subsequent

nomination, within one month from the occurrence of any vacancy

or when the vacancy arises due to the expiry of the term of office,

within one month prior to the said expiry. In the absence of any

such nomination, the Minister shall make the appointment from

EDUCATION

among teachers or parents as the case may be.

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

accordance with sub-article (1)(c), where possible, the Minister

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

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

appointed shall keep on occupying such post up to the termination

of the term of office of the person being so substituted.

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

three years.

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

term of office, be eligible to be re-appointed, but they may not

serve the Council for more than three consecutive terms.

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

before completing the appointed term, the person appointed in his

stead shall be appointed for the remaining period of the original

appointment.

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

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

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

act notwithstanding any vacancy among its members.

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

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

(9) The chairperson of the Council shall have both an original

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

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

prescribed, the Council may make its own rules and otherwise

regulate its own procedures.

(11) The meetings of the Council shall be summoned by the

Chairperson and the Council shall meet as often as may be

necessary, but at least once every month.

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

may consult with such persons as it may deem appropriate. For

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

meetings of the Council.

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

proceedings and the Council shall give to the Minister such

information as he may require.

(1) Without prejudice to its other powers and functions,

the Council shall regulate the practice of the teaching profession in

Malta, and in particular to -

(a) keep under review and assess education and training

standards and on the fitness to teach of each person

who chooses to practise the teaching profession;

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

initial and continuing training of teachers, proficiency,

experience and qualifications required for holding and

retaining a warrant under this Act;

EDUCATION

(c) consider and advise the Minister with regard to

applications for comparability and recognition of

teaching qualifications;

(d) promote and encourage initiatives which ensure a

continuing professional training and development

programme for warrant holders;

(e) examine applications for a warrant to practise the

teaching profession and make recommendations to the

Minister on the award or refusal thereof;

(f)

keep an official register of all registered teachers and

another register of those holding a temporary warrant

given under article 25, and record therein any

suspension, cancellation and reinstatement of a

warrant;

(g) keep an official register of all teachers’ partnerships;

(h) keep such information as may be required in relation

to associations representing teachers in Malta and

which are registered under the provisions of this Act;

(i)

make recommendations to the Minister, following

consultation with the associations registered under the

provisions of this Act, on the code of professional

standards and ethics that may be prescribed for the

professional behaviour of teachers which among other

things shall include references to the respect towards

and the promotion of fundamental values in life that

are enshrined in the Constitution and in the laws of the

land;

(j)

inquire into any allegation of professional misconduct,

gross negligence or incompetence by a teacher;

(k) advise the Minister on any matter on which the opinion

of the Council is sought by the Minister, including any

advice on persons who practise the teaching profession

while holding a temporary warrant;

(l)

perform such other functions as may arise from this

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

Minister.

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

of each year, publish in the Gazette a list of persons or partnerships

who on the 31 st December of the said year, were registered for the

first time in the register of teachers or in the register of partnerships

of teachers.

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

in consideration the public interest, and draw up and publish a

report every three years concerning its activities in general.

(1) Any person seeking to obtain a warrant to practise the

teaching profession in Malta shall make an application to the

Council which shall be accompanied by all information and

relevant documents in support of the application, including

certificates issued by the competent authority about the

EDUCATION

comparability of qualifications and certificates of their authenticity

as the Council may require

Provided that an application made under this article shall

not be deemed to have been filed by an applicant unless it is duly

filled in and accompanied with all required information and

documentation.

(2) The Council shall make a recommendation to the Minister

for the issue of a warrant as soon as it is satisfied that the applicant

satisfies the minimum requirements established under this Act.

(3) Where, following an adaptation period where necessary, the

Council is satisfied that the applicant has successfully completed

his training, the Council shall make a recommendation to the

Minister for the issue of a warrant.

(4) For the purpose of establishing whether an applicant has

successfully completed his training as aforesaid, the Council may

submit the applicant to a proficiency test under the provisions of

this Act or under regulations issued thereunder.

(5) The Council shall regularly draw the attention of registered

teachers to their obligation to periodically carry out programmes of

continuous professional development and of up-dating necessary

for the standards and the fitness to teach.

(6) The Council shall also periodically request registered

teachers to provide it with the necessary information showing

which programmes they have followed.

(7) Whenever the case may be, the Council shall draw the

attention of a registered teacher of his failure to fulfil this

obligation as provided for in this article and shall give him

reasonable time to comply therewith.

(8) When a registered teacher continues to ignore the request of

the Council to follow programmes of continuous professional

development and of updating, the warrant pertaining to the warrant

holder may be suspended until such time as the warrant holder

proves that he is fulfilling the requirements of the obligation

provided for in this article.

The Council shall consider and make its recommendations

on an application for a warrant to practise the teaching profession

as soon as is reasonably practicable, but in no case later than four

months from the receipt of the application. On making its

recommendations to the Minister, the Council shall concurrently

notify the applicant of its recommendations, together with the

reasons upon which these were based.

(1) A person shall not be qualified to obtain or shall not

retain a warrant in terms of this Act if such person has been

convicted by any court of criminal jurisdiction

(a) for any crime liable to imprisonment for a term

exceeding one year; or

(b) of having abused the students’ trust or having used

violence in their regard; or

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(c) of any crime because of which such person may not, in

the Council’s opinion, be fit to practise the teaching

profession in a school.

(2) Where a person loses his warrant following a conviction as

is referred to in the preceding sub-article, notice of such loss shall

be given by the Minister in the Gazette and shall be communicated

by the Council to the person disqualified, unless such person has

been interdicted by the judgement itself, and to the Principal of the

College and to the Head of school where such person is employed

as the case may be.

(1) The Council shall inquire into any alleged professional

misconduct, gross negligence or incompetence in relation to a

teacher.

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

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

the following

(a) obtaining a warrant in a deceitful or fraudulent

manner;

(b) contravention against the Code of Ethics established

under this Act;

(c) failure to comply with regulations with respect to

professional standards or practice;

(d) practice or assumption of professional competence for

which the person is not qualified or the person

concerned is not authorised to practise in terms of his

warrant;

(e) acting in a manner which may be detrimental to the

teaching profession;

(f)

displaying lack of skill in the practice of the teaching

profession or in carrying out of a duty or obligation

undertaken in the practice of teaching.

(3) Any teacher who is the subject of any inquiry carried out by

the Council shall be given all the opportunity to make his defence

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

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

(4)

On finalising the inquiry the Council shall -

(a) if it finds in favour of the teacher, dismiss the case; or

(b) if it finds the teacher guilty of the alleged professional

misconduct, gross negligence or incompetence, make a

report of its findings and submit it to the Minister

together with its recommendation for the imposition of

any of the following penalties

(i)

suspension or cancellation of the warrant subject

to such conditions as may be recommended;

(ii) suspension or cancellation of the registration of

a partnership of teachers;

(iii) imposition of conditions to be attached to a

warrant;

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(iv)

reprimand;

(v)

payment to cover the costs of the inquiry;

(vi)

order the waiver, reduction or refund of any fees

charged for services rendered.

(5) On the cancellation of the warrant of a teacher the Council

shall strike off the name of such person from the official register of

teachers.

(6) The Council’s decision whereby an application for a

warrant is refused or whereby a warrant is suspended or cancelled

shall be notified in writing to the person who has filed the

application or to the warrant holder, as the case may be, and to the

College Principal and to the Head of school where such teacher

practises his profession as the case may be.

(7) For the purposes of this article, the members of the Council

have the powers that are or may be conferred under the Inquiries

Act, and shall conduct their inquiry as provided for in the same

Act.

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

Minister, following the recommendations of the Council to refuse

an application for the issuing of a warrant, or where no decision has

been notified to the applicant within the time established in article

29, or whereby a warrant is to be suspended or cancelled, under the

provisions of this Part, may, within twenty-one days of the

notification given to the Minister, appeal to the Administrative

R e v i e w Tr i b u n a l i n a c c o r d a n c e w i t h t h e p r o v i s i o n s o f t h e

Administrative Justice Act and any applicable regulations made

thereunder.

(2) Notwithstanding that an appeal has been instituted in

accordance with the provisions of this article, the warrant shall be

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

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

of the Administrative Review Tribunal in accordance with the

provisions of the Administrative Justice Act or any applicable

regulations made thereunder.

The Minister may, on the recommendation of the Council,

and upon application to this effect, restore the warrant to a person

who is disqualified to hold or who forfeits such warrant in terms of

article 30, or remove such suspension or cancellation as

recommended in terms of article 31, if the applicant meets such

requirements that may be prescribed. Where the warrant of the

teacher has been reinstated, such teacher is to be again registered in

the official register.

Any person established in a Member State may practise the

profession of teacher in Malta on a temporary and occasional basis

provided that the provisions of Part II of the Recognition of

Professional Qualifications Regulations are satisfied.

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(1) An association of teachers is an association of teachers

established with the primary aim of promoting the principles,

values and standards related to the practice of the teaching

profession.

(2) Any association of teachers may make an application to the

Council to be registered as an association of teachers for the

purposes of this Act.

(3) An association shall be qualified to be registered under this

article if it proves to the Council that it has a membership of at

least ten registered teachers and that it conforms with such other

conditions as may be prescribed. An association shall submit

together with the application a list of members and such other

information as the Council may require to process the application.

(4) The Council shall have the power to require any association

registered under this article to produce such records and

information regarding the association and its members as the

Council may reasonably require from time to time.

(1) Two or more warrant holders may form a civil

partnership, in this Act referred to as a "partnership of teachers",

having for its exclusive object the practice of the teaching

profession and such powers as are necessary for the attainment of

the objects of the partnership.

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

a partnership of teachers.

(3) Any such partnership shall, when duly formed according to

law and on payment of the prescribed fee, be registered with the

Council and upon 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 "Teachers" as

part of its name.

(4) Every such partnership shall give to the Council such

information as the Council may reasonably require or as may be

prescribed, and shall give notice to the Council of any relevant

changes in any information previously given to the Council within

fifteen days after the date on which the change occurs.

Notwithstanding the provisions of any other law or any

other agreement to the contrary, the following provisions shall

apply to a partnership of teachers under this Act

(a) the partners shall 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 their

obligations under this Act or any other applicable law,

and 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 partners in the

name of the partnership; and any act or thing done in

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the name of the partnership shall be done by one or

more of the partners;

(c) the responsibilities and liabilities for anything done or

omitted to be done during the period in which a person

was a partner in a partnership of teachers shall not

cease, in respect of such person, by his retirement,

death or other cause by which he ceases to be a

partner.

The provisions of articles 30, 31 and 32 shall apply to

partnerships of teachers as they apply mutatis mutandis to teachers.

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

warrant or registering a partnership of teachers under the

provisions of this Act, knowingly gives any false information or

otherwise acts in a deceitful or fraudulent manner, shall be guilty of

an offence and shall, on conviction, be liable to a fine (multa) not

exceeding two thousand and three hundred and twenty-nine euro

and thirty-seven cents (2,329.37) or to imprisonment not exceeding

twelve months or to both such fine and imprisonment.

(2) Any person who is found guilty of any other offence against

any provision of this Part of this Act shall be liable on conviction to

a fine (multa) not exceeding one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69), or to three months

imprisonment or to both such fine and imprisonment, and in the

case of a continuing offence to a fine (multa) of eleven euro and

sixty-five cents (11.65) for each day during which the offence

continues, subject to a maximum of four thousand and six hundred

and fifty-eight euro and seventy-five cents (4,658.75).

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

temporary warrant issued under this Act, practises the teaching

profession or carries out any education practice in contravention of

the provisions of this Act, shall be guilty of an offence against this

Act.

(4) Any person who uses the words "Teachers" in relation to a

partnership of teachers where such partnership is not registered in

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

whatsoever makes use of a name falsely implying the existence of a

partnership of teachers registered as aforesaid shall be guilty of an

offence against this Act.

(5) For the purpose of this article and subject to such

regulations as may be prescribed, a person shall not be deemed to

be in contravention of the provisions of this Act if such person is

practising the teaching profession during an adaptation period or

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

or in any other manner as the Council may decide.

(6) Subject to the provisions of sub-article (5), no person or

any other organisation shall employ any person other than a

registered teacher or a person holding a temporary warrant for the

purpose of practising the teaching profession.

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(7) The provisions of this Act establishing offences shall be

without prejudice to the provisions of any other law establishing

offences and punishments in respect of the same acts or omissions

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

punishment under any other law.

Where, following an inquiry under the provisions of article

31, the Council finds a teacher guilty of any breach of professional

conduct or of the Code of Ethics, the Council may impose such

administrative fines as recommended to the Minister and that the

Minister may prescribe.

The Minister may, after consultation with the Council,

make regulations not inconsistent with the provisions of this Part of

this Act, to give better effect to any of such provisions and

generally to regulate the teaching profession, and, without

prejudice to the generality of the foregoing, such regulations may

in particular include provisions with respect to -

(a) the establishment of standards, practices, procedures

and other duties in the exercise of the profession of a

teacher;

(b) the professional conduct and code of ethics of teachers

and the standards of competency and integrity to be

kept by the profession

(c) the requirements, conditions and frequency in relation

to the programmes of continuous professional

development for the maintenance of a warrant;

(d) the work which can be performed and the services

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

terms and conditions which can be attached to such

warrant;

(e) the fees that may be charged by the Council in

connection with the issue of a warrant, for the making

of any registration under this Act, those annual or

periodic fees that the Council may deem necessary for

its operation under the provisions of this Act;

(f)

the fees that may be charged by teachers for their

professional services;

(g) the procedures to be followed in cases of professional

misconduct;

(h) the engagement of persons who are employed to work

in a school by virtue of a temporary warrant;

(i)

the forms, conduct certificates and other ancillary

matters connected with the application for a warrant, a

test to establish the legal capacity, the procedures

connected with the nomination of members to the

Council, and relating to any other procedure which

may be adopted by the Council;

(j)

the appointment, composition and procedures of

committees or sub-committees which the Council may

feel necessary to appoint for any one of its functions;

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

Act to be prescribed.

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

is in possession of a permanent warrant obtained under Part II of

this Act before the entry into force of this Part shall be deemed to

be a warrant holder with the same rights and obligations inasmuch

as such warrant had been issued in accordance with the provisions

and conditions of this Part.

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

permanent warrant under the provisions of this Act before having

been amended if on the date of the coming into force of this Part

(a) would have already been enrolled in a course leading

to a Masters’ degree from the University or so a

comparable degree, and would have been eligible to

apply for a permanent warrant under the provisions of

article 11(3)(a) before having been amended; or

(b) qualified for a permanent warrant under the provisions

of article 11(3)(b) before having been amended; or

(c) was practising the teaching profession in any school

by virtue of a temporary warrant and had been

practising as such for not less than eight scholastic

years, and is eligible to apply for a permanent warrant

under the provisions of article 11(3)(d) before having

been amended due to the fact that such person had

practised the teaching profession in a school in Malta

for a period of not less than fifteen years and in the

opinion of the Minister such person has the necessary

academic skill, shall still be qualified to be given a

warrant inasmuch as such person was qualified under

the provisions of this Part after having completed

fifteen years practice.

A warrant holder may return his warrant to the Minister

and request that his name be cancelled from the register of teachers.

PART IV

Duty of the State to provide education

Articles 43 - 62

Deleted by Legal Notice 373 of 2021.

PART VI *

Further and Higher Education

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Without prejudice to the provisions of this Act, in this Part,

insofar as the context does not require otherwise -

"quality assurance" refers to one or more processes which

(i)

safeguard the quality of further and higher education

within the economic, social and cultural context, on a

national, European and international level;

(ii) ensure the use of appropriate measures as a means of

improving the quality of teaching, learning, training

and research; and

(iii) communicate the outcome of such findings within an

internal and external framework of accountability;

"quality audit" refers to an external evaluation process of internal

quality assurance mechanisms adopted by a provider for its own

use, and of the provider’s adherence to any licensing, accreditation

and other obligations under this Act or any regulations made

thereunder, in order to continuously monitor and improve the

operation of a provider or of a programme.

Articles 64 - 68 - Deleted by Legal Notice 373 of 2021.

(1) The Commission shall be composed of not less than

seven and not more than ten members to be nominated by the

Minister and appointed by the Prime Minister for a period of three

years and the members shall be eligible to be re-appointed after

their term of office expires. All members of the Commission shall

serve in their personal capacity.

(2) The Prime Minister shall appoint from among the members

a Chairman and a Deputy Chairman. In the case when the Chairman

is abroad or for any other reason, for a temporary period, is unable

to perform his functions, the Deputy Chairman shall act as

Chairman and shall perform the powers and functions of the

Chairman.

(3) The members of the Commission shall be persons who, in

the opinion of the Minister, possess leadership qualities, and have

an understanding in further and higher education within the context

of the general socio-economic development, and shall include a

person with disability.

(4) A person shall not be qualified to be appointed or hold

office as member of the Commission if such person

(a) is a member of the House of Representatives; or

(b) is a serving as a judge or magistrate; or

(c) is legally incapacitated; or

(d) has been declared to be in a state of bankruptcy or has

entered into a composition or agreement with its

creditors; or

*This Part VI has been repealed by Legal Notice 31 of 2021, except the definitions

of ‘quality assurance’ and ‘quality audit’ in article 63, and article 69(10). See also

article 71(1) of Act XXIX of 2019.

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(e) has been convicted of an offence against this Act or

affecting public trust or theft or fraud, or having

knowingly received property which had been acquired

by theft or fraud; or

(f)

has any financial or other interest in any enterprise or

activity which may affect the performance of its

functions as a member of the Commission

Provided that the Minister may set aside such

disqualification of a person under this paragraph if

such person declares having any such interest and both

that declaration and that setting aside of the

disqualification are published in the Gazette.

(5) Subject to the provisions of this article, the office of

member of the Commission shall be deemed to be vacant

(a) on termination of the term of his appointment, or

(b) should there arise circumstances which, were this

person not to be a member of the Commission, such

person would be disqualified from being appointed as

such.

(6) A member of the Commission may at any time be removed

or suspended from office by the Prime Minister on the grounds of

inability to perform the functions of his office as required, either

because of mental or physical illness, or for any other reason due to

which the member would no longer be fit to occupy such office or

due to bad conduct.

(7) A member of the Commission may resign from his office

through a letter addressed to the Prime Minister. If any member

tenders his resignation or is removed from his office by the Prime

Minister or should the office of any member of the Commission

become in any manner vacant, the Prime Minister 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 reappointed.

(8) A member of the Commission having a direct or indirect

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

Commission, insofar as such interest is not of a kind due to which

the member may be disqualified from continuing to hold that

office, shall reveal the kind of his interest in the first sitting of the

Commission after having come to know of the relevant facts. Such

matters as are revealed are to be registered in the minutes of the

sitting of the Commission, and the member concerned shall

withdraw from the sitting while such contract is being discussed.

Such matters as have been revealed are to be forwarded 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,

without prejudice to the provisions of sub-article (4)(f), he shall

offer to tender his resignation.

(9)

Any absence or vacancy among the members of the

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Commission, or any participation in its meetings by any person

who is not entitled to such act, does not invalidate the procedures

of the Commission, insofar as there is a quorum of not less than

one-half of the number of members of the Commission.

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

made thereunder, the Commission may appoint committees and

generally regulate its own procedures.

(11) The Commission shall appoint a Secretary to keep minutes

and a record of the meetings and of its decisions.

(12) The Commission shall take all necessary precautions and

treat information on commercially sensitive matters in a highly

confidential manner in its relations with both public and private

providers.

(13) The Minister may, after consulting the Chairman of the

Commission, make regulations regarding the procedures to be

adopted by the Commission in its operations.

Articles 70 - 71 - Deleted by Legal Notice 373 of 2021.

PART VII

The University of Malta

The University of Studies of Malta is, by means of the

present Act, being refounded under the name of University of

Malta with the following functions and powers

(a) to provide for instruction in such branches of learning

and to make such provisions for research and the

advancement and dissemination of knowledge as it

may from time to time determine;

(b) to determine the conditions for admission into the

University and into any course of study provided by it;

(c) to provide appropriate procedures to determine the

persons who have attained the necessary proficiency in

the various branches of study;

(d) to confer degrees and grant diplomas, certificates or

other academic distinctions;

(e) to constitute faculties, departments and other academic

sections of the University;

(f)

to institute academic and non-academic posts as

required from time to time, and to make appointments

thereto;

(g) to set up and properly maintain libraries, laboratories

and other facilities required for teaching, research,

experimentation, or diffusion of knowledge and

sciences as well as the establishment of academic audit

and quality assurance schemes;

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(h) to establish entities with their own statutes and to

monitor the administration of such entities as well as

of other entities already existing or which may be

created by others in the field of higher education;

(i)

to administer the funds voted by the House of

Representatives for the implementation of its

programme; and any other funds it may receive or

generate from other sources;

(j)

to evaluate foreign degrees and academic distinctions;

(k) to make statutes, regulations and bye-laws

in

accordance with the provisions of this Act; and

(l)

to act in any other way conducive to the attainment of

its aims.

The University shall be a body corporate having a distinct

legal personality and shall be capable, subject to the provisions of

this Act, of entering into contracts, of acquiring, holding and

disposing of any kind of property for the purposes of its functions,

of suing and being sued, and of doing all such things and entering

into all such transactions as are incidental or conducive to the

exercise or performance of its functions under this Act.

(1) The finance of the University shall derive from

periodic agreements entered into between the University and the

Government stipulating, among other things, the supply of funds to

the University by the Government.

(2) The amount of funds to be stated in the agreement shall be

established in relation to the requirements of the University to

achieve its aims determined in the context of the needs of the

country as perceived by the Government.

(3) The agreement stipulated between the Government and the

University, and any extension or substitution thereof, shall be laid

in draft on the Table of the House of Representatives, and shall be

entered into only after it has been discussed in the House of

Representatives in a sitting for that purpose not later than twenty-

eight days from the day on which it is so laid.

(4) The University shall in each financial year cause to be

prepared and shall adopt estimates of its income and expenditure

for the following year.

(5) The University shall cause to be kept proper accounts and

other records in respect of its operation and transactions and shall

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

financial year.

(6) The accounts of the University shall be audited by an

auditor or auditors appointed by the Council from year to year.

(7) The University shall, not later than three months after the

end of each financial year, cause a copy of a statement of its

audited accounts together with a report on its activities during that

year, to be sent to the Minister together with the report of the

auditor or auditors with respect to such statement and the Minister

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shall without delay lay such statements and reports on the Table of

the House of Representatives so that the House may take note

thereof and discuss the same in not more than two normal sittings,

allocated for that purpose, within eight weeks from their being laid

by the Minister.

(1) The following shall be the governing bodies of the

University

(a) the Council;

(b) the Senate;

(c) the Faculty Boards.

(2) The following shall be the Principal Officers of the

University

(a) the Chancellor;

(b) the Pro-Chancellor;

(c) the Rector;

(d) the Pro-Rectors;

(e) the Secretary;

(f)

the Deans and Deputy Deans of the Faculties.

(3) The Chancellor shall be appointed for a term of seven years

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

the Prime Minister given after he has consulted the Leader of the

Opposition.

(4) The Chancellor shall be the highest officer of the

University and shall be responsible to ensure that it conforms with

the law.

(5) The Chancellor promulgates the statutes, regulations and

bye-laws of the governing bodies of the University and may refer

back once to the governing body concerned any such statutes,

regulations or bye-laws which in his opinion are not in accordance

with the law; the Chancellor, in special circumstances, shall also

have the power to summon the Council, Senate and Faculty Boards.

(6) The Pro-Chancellor shall be appointed by the Chancellor

after the Minister’s approval for a term not exceeding five years.

(7) Whenever the office of Chancellor is temporarily vacant,

and until a new Chancellor is appointed and whenever the holder of

that 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 Pro-Chancellor who shall

continue to perform those functions notwithstanding the expiration

of his term of office.

(8) The Pro-Chancellor shall also perform the functions of

Chancellor whenever required to do so in writing by the

Chancellor.

(9) The Pro-Chancellor shall be the ex officio president of the

Council.

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(10) (a) The Rector shall be elected by the Council for a term

of five years and shall be the principal academic and

administrative officer of the University.

(b) The election for the office of Rector shall take place

three months before the end of the term of office of the

Rector or, should there be a vacancy for any reason,

not later than fifteen days after the vacancy occurs.

(c) The election shall take place at a meeting of Council

called for the purpose. Every member of Council shall

have the right to nominate a candidate to the office of

Rector. If there are more than two candidates, each

member shall show his preference by casting a single

transferable vote. Prior to an election, the Council

shall determine as required the procedural details

relating to the method of election.

(11) The Rector shall be responsible for the day to day

administration of the University, shall be the president ex officio of

the Senate and Faculty Boards, and shall be vested with the legal

representation of the University.

(12) The Pro-Rectors shall be appointed by the Rector for a term

of one year and shall, as delegated by the Rector, perform the

functions of the Rector in the circumstances that the Pro-

Chancellor would perform the functions of the Chancellor under

the provisions of sub-article (7). One of the Pro-Rectors determined

from time to time by the Rector, shall also perform the functions of

the Rector in the same circumstances that the Pro-Chancellor would

perform the functions of the Chancellor under the provisions of

sub-article (8).

(13) The Secretary shall be the second highest administration

officer of the University and shall be appointed by the Council for a

term of five years.

(14) The Dean of a Faculty shall be elected for a term of four

years by the academic staff of that Faculty and from among the

heads of departments of that Faculty and shall be the president ex

officio of the Faculty Board in the absence of the Rector.

(15) The Deputy Dean of a Faculty shall be appointed by the

Rector for a period of one year, in consultation with the Dean of the

respective Faculty.

(16) The Deputy Dean besides such other functions as may be

delegated to him by the Dean, shall perform the functions of the

Dean in the same circumstances that the Pro-Chancellor would

perform the functions of Chancellor under the provision of sub-

article (7) and sub-article (8).

(1) The University 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 Council and shall bind the

whole University as well as the entities created by it.

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(3) Regulations shall be made by the Senate and shall provide

for matters of an academic nature and shall bind the whole

University.

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

provide for matters of an academic nature and shall bind the

Faculty represented by the Faculty Board that made those bye-

laws.

(5) No statute providing for a matter of an academic nature

may be made or, when made, may be amended or revoked by the

Council, unless the Council requests the advice of the Senate of

that statute or on that amendment or revocation but if such advice is

not tendered within the term established by the Council, which term

shall in no case be less than twenty-one days from the date of the

said request, then 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 o f the Univ ersity i n accord ance with t he

provisions of this Part of this Act shall be without effect unless

promulgated by the Chancellor and published in the Government

Gazette but when those statutes, regulations or bye-laws have been

so promulgated and published they shall have the force of law

Provided that the subsidiary legislation herein mentioned

shall as soon as may be after it is made, be laid on the Table of the

House of Representatives.

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

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

University 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.

The Council of the University shall be composed as

follows

(a) the Pro-Chancellor who shall be ex officio president;

(b) the Rector who shall be ex officio vice-president;

(c) four members representing the Senate;

(d) three members elected by the academic staff from

those amongst them who are not members of the

Senate;

(e) three members elected by and from among the non-

academic staff;

(f)

three members elected by and from among the

University students, at least one of whom shall be a

post-graduate student;

(g) one member appointed by the Minister and a member

appointed by the Chairman of the Foundation for

Theological Studies;

(h) a number of members appointed by the Prime Minister

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from among the leading representatives of the

economic, industrial and social fields, to represent the

general interest of the country, such number never to

exceed the number of all the members mentioned in

paragraphs (c), (d), (e), (f) and (g).

The Council shall be the supreme governing body of the

University and shall have the following functions

(a) to administer and control all the property, movable and

immovable, of the University;

(b) to establish and abolish posts of an academic nature or

otherwise;

(c) to establish, administer and abolish institutes and other

entities;

(d) to make statutes in accordance with the provisions of

this Act;

(e) to make appointments to posts, of an academic nature

or otherwise, in accordance with procedures

established by statutes;

(f)

to pay the wages or salaries of all members of the

academic and non-academic staff in accordance with

scales determined by it with the approval of the

Minister;

(g) to establish Faculties, departments and institutes for

the proper organization of academic work and inter-

disciplinary collaboration, taking into account any

directions given by the Minister in accordance with the

provisions of this Act;

(h) to appoint heads of departments for periods not

exceeding four years after considering the

recommendations of the departments concerned;

(i)

to appoint and provide for the payment of Maltese or

foreign examiners in accordance with statutes and

predetermined procedures;

(j)

to do all other acts or things not vested in any other

governing body of the University.

The Senate of the University shall be composed as follows

(a) the Rector who shall be ex officio president;

(b) the Pro-Rectors, one of whom as may be designated by

the Rector from time to time shall be the Vice-

president;

(c) the Deans of all the Faculties;

(d) a representative of each Faculty elected by and from

among the academic staff of that Faculty;

(e) five members elected by and from among the

University students, at least two of whom shall be

post-graduate students;

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(f)

two representatives of the Minister appointed by him

from among graduates of the University;

(g) two members appointed by the directors of the

institutes and other entities established by the

University;

(h) the Librarian.

The Senate shall have the general direction of the academic

matters of the University and shall have the following functions

(a) to regulate studies, research, documentation and

examinations in the University by means of

regulations;

(b) to make regulations in accordance with the provision

of this Act;

(c) to decide on whom should be conferred academic

degrees, diplomas and other distinctions;

(d) to establish by regulations

the

conditions

for

admission into the University;

(e) to recognise degrees, diplomas, certificates and

distinctions of foreign universities or providers of

higher education for the purpose of admission to a

programme of the University;

(f)

to advise the Council on matters of an academic nature

even if of such a nature only in part;

(g) to advise the Government on all matters in the fields of

learning, science and technology referred to it by the

Government;

(h) to deal with any other matter of an academic nature

arising in the administration of the University.

The Board of each Faculty shall be composed as follows

(a) the Rector who shall be ex officio president;

(b) the Dean of the Faculty who shall be ex officio vice-

president;

(c) the heads of all the departments in the Faculty;

(d) a representative of each department of the Faculty

elected by and from among the academic staff of the

department;

(e) three members elected by and from among the students

of the Faculty, at least one of whom shall be a post-

graduate student;

(f)

two members appointed by the Minister to represent

the interests outside the Faculty and who, in the

opinion of the Minister, can give an effective

contribution towards the good administration of the

Faculty, provided that in the case of the Faculty of

Theology the two members shall be appointed by the

Foundation for Theological Studies to represent the

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interests of the said Foundation.

(1) The Faculty Board shall have the following functions

(a) to direct the academic tasks of the Faculty in a unitary

manner and in consultation;

(b) to determine the studies, teaching and research within

the Faculty and to provide for the administration,

publication and diffusion of the academic work of the

Faculty and to distribute tasks within the said

activities;

(c) to make bye-laws concerning the Faculty

in

accordance with the provisions of this Act;

(d) to prepare plans for the development of the Faculty

and to present those plans for approval by the Senate

and the Council.

(2) Bye-laws made by the Faculty Board shall be referred to the

Senate for its approval and shall not be submitted to the Chancellor

for promulgation unless they have been so approved by the Senate.

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

the governing bodies of the University by the provisions of this

Act, shall have all the powers necessary for the day to day

administration of the University and shall have the power to decide

upon any urgent matter, of an academic nature or otherwise,

provided that such decision which impinges upon a power or

function vested by this Act in a governing body of the University

shall be registered by the Secretary and brought before that body at

its first meeting following that decision.

(2) The Rector, as the officer vested with the immediate

government of the University, shall exercise authority over the

teaching staff, the examiners, the students, the candidates for

examinations and all the employees of the University, and shall

enforce discipline and the strict observance of the provisions of this

Act and of the statutes, regulations and bye-laws.

(3) The Rector shall confer University degrees, diplomas,

certificates and other distinctions.

(4) The Rector shall have the power to summon the Council,

Senate and Faculty Boards.

(5) The Rector shall ensure that any elections required by the

provisions of this Act are in fact held without undue delay and shall

be responsible to provide for the procedures of those elections.

(6) The Rector shall be responsible for the planning and co-

ordination of the work of the various bodies and institutions of

higher education and for the implementation of the decisions of the

competent authorities of the University.

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(1) Any person holding office on a governing body of the

University shall, unless otherwise specifically provided elsewhere

in this Act, hold that office for a period of two years

Provided that any person holding office on the governing

body of the University shall continue so to hold office, despite the

expiry of his term, until the election or appointment of another

person to substitute that person.

(2) The quorum for the meetings of any governing body of the

University shall be that of one more than one third of the members

of that body; provided that the quorum for the Council shall be

eight.

(3) Any governing body of the University may act

notwithstanding any vacancy in its membership and quorum shall

be computed as if there was no such vacancy.

(4) Any question proposed for decision at any meeting of any

governing body of the University 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 member presiding shall

have and exercise a casting vote.

There shall be in the University, a Faculty of Theology

which shall be governed by such Agreement signed on the 26

September 1988 and any other Agreement as may from time to time

be in force between the Government of Malta and the Holy See on

the matter, and the provisions of this Part where incompatible with

any such Agreement shall not apply and the provisions of such

Agreement shall apply instead. A copy of the Agreement is

reproduced in Italian and English in Schedule III to this Act and a

copy of any Agreement in force from time to time shall be

published in the Gazette and shall have the same force as subsidiary

legislation made under article 75 and shall in the same manner be

laid on the Table of the House of Representatives.

PART VIII

The Malta College of Arts, Science and Technology

Without prejudice to the provisions of this Act, in this Part,

insofar as the context does not require otherwise -

"Administrative Director" means the person appointed by the

Board of Governors to perform such duties as are indicated in

article 105;

"Board of Governors" means the Board of Governors established

by article 92;

"Board of Studies" means the Board of Studies of the Institute

established by article 98;

"Bureau" means the Administrative Bureau established by article

96;

"the College" in this Part means the Malta College of Arts,

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Science and Technology incorporated by article 86;

"the Council" means the Council of the Institute established by

article 91;

"Institute" means every Institute established by virtue of articles

90(d) and 93;

"President" means the President of the Board of Governors

appointed by virtue of article 91(2) and any person who

temporarily occupies that office;

"Principal" means the College Principal appointed by the Board

of Governors to perform the duties indicated in article 91(2) and

any person who temporarily occupies that office.

The Malta College of Arts, Science and Technology,

established by public deed of the 11 th August, 2000, is being re-

established and incorporated in this Act to implement the mission

to provide studies and training for education in the vocational and

professional sectors.

(1) The College shall be a body corporate having a distinct

legal personality and shall be capable, subject to the provisions of

this Act, of entering into contracts, of acquiring, holding and

disposing of any kind of property for the purposes of its functions,

of suing and being sued, and of doing all such things and entering

into all such transactions as are incidental or conducive to the

exercise or performance of its functions under this Act.

(2) The legal and juridical representation of the College shall

vest in the 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.

Maltese and English are the official languages of the

College. The College administration may use either of both

languages for official purposes.

(1) The College shall in a general manner ensure the

existence of educational institutions accessible to all, and to

establish such facilities and such 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 trades, skills, artisan or technical or commercial activities, and in

the professions according to the socio-economic needs of the

country in a lifelong learning curriculum framework and holistic

personal development.

(2) The College shall organise instruction and training at the

required levels, including the levels established by the National

Commission for Further and Higher Education.

(3) The College shall ensure optimum quality at all levels, and

shall therefore ensure that whosoever successfully terminates any

instruction and training leading to the attainment of a certificate at

any level shall have the required educational basis so as to be able

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to satisfy the established standards before proceeding any further to

the next level.

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

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

person at first level independently of any academic qualifications,

and shall have special programmes to serve as an aid for any person

to achieve the required basic 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.

(5) The College shall provide teaching and training

programmes to help persons acquire qualifications according to

their needs, including by distance learning and other programmes

which are imparted by any effective means and from any suitable

place whatsoever according to the objective of the particular

programme.

(6)

The College shall in a particular manner

(a) 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;

(b) train its students in being able to appreciate and

exploit 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, information technology

and science;

(c) cultivate a culture of creativity, innovation,

entrepreneurship, excellence and flexibility sustained

by the values of commitment, dedication and integrity

at a person’s place of work and in the exercise of a

profession;

(d) foster among students a commitment towards health

and safety at the place of work, and towards

professionalism;

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

the needs of the labour market by networking an

effective partnership at all levels of educational and

training experience with the economic, industrial and

services sectors, while being aware that the greater

part of enterprises are small or medium sized;

(f)

ensure the implementation of the principles of

inclusive education by providing an equitable access

to all persons in full respect of any diversity;

(g) attribute the necessary importance to research and

development in the areas of applied arts, science and

technology;

(h) show that both academic and vocational education

form an integral part of an educational process for the

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holistic development of a person, and that they should

enjoy parity of esteem;

(i)

develop curricula, of study and training based on the

concept of lifelong learning; leading to certificates

based on the knowledge and competences demanded

by the labour market;

(j)

ensure that the quality and standards of courses and of

certificates awarded are recognised at both national

and international levels;

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

adopted from time to time by Government in each and

every section;

(l)

participate in bilateral and regional exchange

programmes and particularly in the educational and

training programmes of the European Union in which

Malta participates from time to time.

(7) The College shall function in proactive coordination with

the other educational entities referred to in this Act, Jobsplus,

constituted bodies, trade union organisations and the other national

organs and agencies which participate in the social and economic

development of the country.

The College shall

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

science, technology, technical knowledge and trades,

to guide students enrolled in any of its courses in the

development of the required skills, 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

courses 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 Institutes, and such entities, schools,

departments, centres and programmes which it may

deem necessary and it shall supervise the

administration thereof;

(e) subject to the provisions of article 89(4), establish the

conditions for admission to the Institute and to any

other programme of studies and training, and of

practical and work experience and prescribe the

required regulations concerning examinations and the

modalities of instruction and training in such courses;

(f)

provide for adequate procedures for the certification of

persons who have reached the necessary proficiency in

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the several areas of study and training;

(g) award such degrees, diplomas, certificates or other

distinctions which it may deem suitable to such

candidates who satisfy the prescribed conditions after

following the required study courses;

(h) establish the teaching and training posts or act

otherwise 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, science and technology;

(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, teachers 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)

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;

(m) do anything required to be done so as to accomplish its

objects according to this Act.

(1) The governing bodies of the College shall be the

following

(a) the Board of Governors;

(b) the Council of the Institutes;

(c) the Administrative Bureau;

(d) the Boards of Studies of the Institutes;

(e) the Partnership Office.

(2)

The principal officers of the College are

(a) the President of the Board of Governors;

(b) the Principal;

(c) the Deputy Principals;

(d) the Registrar;

(e) the Administrative Director;

(f)

the Heads of the Institutes;

(g) the Head of the Partnership Office;

(h) the Librarian; and

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(i)

the Financial Controller.

(3) There shall be other officers as may be established by the

Board of Governors from time to time. Such officers shall be

responsible to the Principal for the conduct of their respective

duties.

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

than seven and not more than nine members to be appointed by the

Minister for a period of three years and the members shall be

eligible to be re-appointed after their term of office expires. The

members of the Board shall serve in their personal capacity.

(2) The Minister shall appoint from among the members a

President and a Deputy President. In the case when the President is

abroad or for any other reason, for a temporary period, is unable to

perform his functions, the Deputy President shall act as President

and shall perform the powers and functions of the President.

(3) The Principal has a 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

h a v i n g c o m p e t e n c e o r e x p e r i e n c e i n t h e e d u c a t i o n s e c t o r,

vocational training, 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 development.

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

removed from office by the Minister on the grounds of inability to

perform the functions of his office as required, either because of

mental or physical illness, or for any other reason due to which the

member would no longer be fit to occupy such office or due to bad

conduct.

(6) A member of the Board 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 or should

the office of any member of the Board become in any manner

vacant, the Minister 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.

(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 reveal the kind of his

interest in the first sitting of the Board of Governors after having

come to know of the relevant facts. Such matters as are revealed are

to be registered in the minutes of the sitting of the Board, and the

member concerned shall withdraw from the sitting while such

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contract or matter in which he has an interest is being discussed.

Such matters as have been revealed are to be forwarded 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 committees

and generally regulate its own procedures.

(10) The Board of Governors shall appoint a Secretary to keep

minutes and a record of the meetings and of its decisions.

(11) The Board of Governors shall take all necessary

precautions and treat information on commercially sensitive

matters in a highly confidential manner in its relations with both

public and private institutions.

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

Board of Governors, 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, administer and control the resources,

facilities and property, both movable and immovable,

of the College;

(b) to

establish Institutes, departments,

centres,

programmes and other educational and training entities

for the due performance of the educational and

training tasks and of interdisciplinary co-operation;

(c) to distribute between the several Institutes and other

educational and training entities within it the resources

available to the College by way of funds and by way of

premises, facilities, services, equipment and persons;

(d) 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;

(e) to appoint a Principal, and on his advice, also to

appoint the Deputy Principals, the Heads of the

Institutes and of other educational and training

entities, on the basis of a definitive contract, and to set

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up, and abolish, any post of an academic, technical or

other nature;

(f)

to make statutes, rules and other procedures in terms

of the provisions of this Act;

(g) to appoint Maltese or foreign examiners according to

pre-established statutes and procedures, and to ensure

that payment is effected for their services;

(h) to ensure that proper academic and training levels are

retained and improved on, and to establish and

supervise internal auditing schemes which ensure the

quality of education;

(i)

to enter into such agreements as appear to it 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;

(j)

to do anything which it may deem necessary to be

done to achieve the objectives of the College and to

execute the powers and functions of the College which

have not been previously vested in another governing

body of the College

Provided that the Institutes, departments, centres,

programmes on other education and training entities as referred to

in paragraph (b) may be established by the Board of Governors,

following consultation with the Council of Institutes, and their

establishment, statutes and regulations are to be deemed to have

come in force on that date that the Minister may by notice establish

in the Gazette.

(2) The Board of Governors shall also approve the curricula

and the syllabi submitted by the Institute and by each educational

and training entity within it and, where it deems it so necessary, to

revert same to such Institutes or entities together with its advice

about any proposed amendments.

(3) The Board of Governors shall, where so approved by the

National Commission for Further and Higher Education, certify the

capabilities for the exercise of a trade, calling and profession, and

also of proficiency in any trade, technical work, technology, or any

other commercial or economic activity.

(4) The Board of Governors shall ensure that the qualification

degrees, diplomas, distinctions 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

National Commission for Further and Higher Education.

(5) The Board of Governors shall meet at least once every two

months with a quorum of not less than one-half of the number of

members of the Board plus one.

The Council of the Institutes shall be constituted of the

following members

(a) the Principal who presides ex officio;

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(b) the Deputy Principals ex officio;

(c) the Registrar ex officio;

(d) the Administrative Director ex officio;

(e) the Heads of the Institutes ex officio;

(f)

the Head of the Partnership Office ex officio;

(g) the Librarian ex officio;

(h) two members elected by and from among the College

teaching staff;

(i)

two members elected by and from among the College

students; and

(j)

four members appointed by the Minister.

(1) The Council shall be responsible for the general

direction of the vocational and professional education and training

of the College, and shall have the following functions

(a) to regulate by means of regulations the programmes of

studies, training, research, documentation and

examinations at the College and to establish such

degrees, diplomas, certificates and distinctions for

such candidates satisfying the prescribed conditions

after following the required courses of studies and

training;

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

vocational and professional degrees, diplomas,

certificates and other distinctions shall be awarded;

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

entry conditions to the College;

(d) to give recognition, following a recommendation by

the competent authorities according to law, to such

degrees, diplomas, certificates and distinctions of

other universities or educational institutions;

(e) to give advice to the Board of Governors on any matter

related to vocational and professional education or

training;

(f)

to deal about any other matter which refers to

education and training and as may arise in the

administration of the College.

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

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

number of members of the Board plus one.

There shall be an Administrative Bureau of the College

which shall be constituted of the following persons

(a) the Principal who shall be Chairperson;

(b) the Deputy Principals;

(c) the Registrar;

(d) the Administrative Director;

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(e) the Head of the Partnership Office; and

(f)

the Financial Controller.

The Bureau shall meet at least every four weeks in order

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

by the Board of Governors and by the Council are

actuated;

(b) ensure dialogue, co-ordination and the effective

functioning of the governing bodies, structures,

officers and employees of the College;

(c) under the direction of the Principal, and without

prejudice to any of the provisions of this Part, take

care of all the matters related to the process of

selection and engagement of the personnel the College

may from time to time require, and to propose for the

approval of the Principal the nominations of the

persons so selected;

(d) to pay any wage, salary or remuneration to the

members of the College staff according to scales

which the Board of Governors establishes with the

approval of the Minister;

(e) adopt all necessary measures to apply the disciplinary

procedures and the auditing and quality assurance

schemes of all operations within the College;

(f)

ensure the keeping of lively and proactive relations

between the College and its partners in Malta and

overseas.

(1) Each Institute shall have a Board of Studies to be

constituted of the following members

(a) the Head of such Institute who shall be president ex

officio;

(b) one of the Deputy Principals as may be decided by the

Principal who shall be vice-president ex officio;

(c) the Heads of the Departments of the Institute ex

officio;

(d) a member elected by and from among all the teaching

staff of the Institute;

(e) a member elected by and from among the students of

the Institute;

(f)

two members appointed by the Minister from among

persons recognised for their competence and

experience in the educational and training area of such

particular Institute;

(g) representatives of foreign institutes with which the

College may have partnership agreements;

(h) a representative who is selected by the Minister from

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an economic sector having close ties with the area of

studies and training of such particular Institute;

(i)

a representative of a professional body which is

recognised by the Minister in the area of studies and

training of such particular Institute.

(2) The Principal shall have the right to convene a meeting of

the Board of Studies of any Institute 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 conduct the educational and training work of the

Institute;

(b) to establish the studies, the instruction to be imparted,

the training and the research at the Institute, centre or

programme for which it may be responsible, and to

provide for the administration, publication and

dissemination of the academic, training and

development operations of the Institute and to allot the

work to be done in such activities;

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

in terms of the provisions of this Act;

(d) to nominate Maltese or foreign examiners in terms of

previously established and approved procedures by the

Board of Governors;

(e) to prepare plans for the development of the Institute

and to present them for the approval of the Council

and of the Board of Governors.

(2) Bye-laws which are made by the Board of Studies shall be

sent to the Council for its approval and shall not be presented to the

Board of Governors to be issued unless they are so approved by the

Council.

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

weeks and the quorum of the meetings shall be of five members.

There shall be a Partnership Office whose head shall be a

person appointed for the purpose by the Board of Governors and

who shall also be responsible for the bilateral and international

relations at the College, including such matters as are related to

Europe. The functions of the Partnership Office are

(a) to develop the necessary relations for the greater co-

operation and synergy between the College and

educational and training institutions, both public and

private, operating in Malta;

(b) to develop by agreement and suitable measures a

proactive partnership between the College and its

Institutes on one part, and the industrial and services

economic sectors on the other;

(c) to develop a partnership agreement between each

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Institute of the College on one part, and a foreign

University, College or Institute which acquired

recognition in the particular area of vocational and

professional studies and training for which the

Institute is responsible, on the other;

(d) to ensure full participation in local and international

exchange programmes and those of the European

Union in which Malta participates;

(e) to seek to obtain scholarships for the College students

and to administer those scholarships which may be

offered to foreign students;

(f)

to operate schemes which attract foreign students to

College courses.

(1) The President shall be the highest officer of the

College and shall be responsible for ensuring that the College

complies with this Act.

(2) The President shall issue the statutes, regulations and bye-

laws of the governing bodies of the College and may revert once to

any governing body such statutes, regulations and bye-laws which

in his opinion are not in terms of the law.

(3) The President shall whenever he deems it necessary, have

the power to convene and preside the Board of Governors, the

Council, the Administrative Bureau and the Board of Studies.

(4) 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 Deputy President of the

Board of Governors.

(1) The Principal shall be the Chief Executive Officer of

the College.

(2) The Principal, without prejudice to the powers vested in 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 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 effecting

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.

(3) The Principal shall exercise authority over the teaching

staff, examiners, students, examination candidates, College

employees, and whosoever is entrusted with rendering any service

to the College, and he shall enforce discipline and the strict

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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.

(4) The Principal shall confer the degrees,

diplomas,

certificates and other distinctions of the College.

(5) 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.

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

regularly as established by this Act and he 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.

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 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;

(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 given by the College and keep a full

record thereof;

(d) act as secretary to the Council and, either directly or

through a delegate, to the Board 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, Council, Board of Studies, examiners and

students;

(g) keep records of the educational and training activities

of each student;

(h) be responsible, after consultation with the Heads of the

Institutes, 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.

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The Administrative Director shall, under the direction of

the Principal, be responsible for the administration and the day to

day functioning of the College, its employees and all movable and

immovable property, and, wherever applicable, he shall execute

decisions made by the governing bodies of the College. Without

prejudice to the provisions of this Act, the Administrative Director

shall perform all other duties as he may from time to time be

requested to perform by the Principal owing to the exigencies of the

College.

The Librarian is entrusted with the administration of the

Library and he shall

(a) be responsible for the proper cataloguing of books,

both by author and by subject, for their maintenance

and safe-keeping, and for the return of books issued on

loan;

(b) assist students in their research work;

(c) undertake all correspondence concerning the Library;

(d) keep a list of all visual and other aids available for

teaching purposes and control the loan of such

material in accordance with the relevant regulations;

(e) present a report to the Library Committee on the

working of the Library at the end of each academic

year.

(1) The Board of Governors shall during each financial

year ensure the preparation and adoption of a budget of the revenue

and expenditure of the College for the following year.

(2) The Board of Governors 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.

(3) The College accounts shall be audited by one or more

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.

(4) The Board of Governors shall, not later than six 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 of Representatives.

(1) The Financial Controller shall, under the direction of

the Principal or the Deputy Principal as delegated by the Principal,

be responsible for the day to day administration of the College

finances, reporting to the said Principal.

(2)

In particular, the Financial Controller shall

(a) prepare -

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(i) the annual budget of revenue and expenditure;

(ii) the annual comparative statement of revenue and

expenditure;

(iii) the annual balance sheet and statement of

accounts;

(b) be responsible for the collection of revenue and

moneys due to the College;

(c) exercise immediate control over expenditure out of

approved provisions;

(d) maintain adequate accounting systems embracing the

whole of the financial operations of the College;

(e) be responsible for all ordering and purchasing and for

the control of stores and inventories;

(f)

carry out such internal auditing and control as he

deems necessary;

(g) in conjunction with the Principal or the Administrative

Director, countersign bills of exchange, cheques, bank

drafts, letters of credit and all other banking, financial

and commercial documents, subject to any restrictions

made by the Board of Governors;

(h) discharge such other duties as may be called upon the

Principal owing to the exigencies of the College.

(1) The appointment of staff with duties of teaching,

training and, or research shall be made in the grades of professor,

associate professor, senior lecturer, lecturer, assistant lecturer,

teaching assistant, research assistant or in any other grade approved

by the Board of Governors according to the qualifications of the

person being appointed.

(2) Posts may be advertised for appointments within specified

grades.

(3) An appointment to a post with formal duties of teaching

and, or, research shall be made by the Principal and confirmed by

the Board of Governors.

The proper official dress which the principal officers of the

College, instructors, graduates, students and other members of the

College are expected to wear on official occasions shall be

prescribed by regulations made by the Board of Governors

following consultations with Council.

(1) Degrees and diplomas shall be awarded at a public

ceremony or, with the consent of the Board of Governors, at a

private ceremony or in absentia.

(2) A candidate shall be eligible for the award of a degree or

diploma only after certification by the Principal that all the

conditions prescribed by statutes, regulations and bye-laws relevant

to that degree or diploma have been fulfilled, and insofar as all

other obligations and responsibilities of the candidate towards the

College have also been satisfied.

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(3) No person may be considered as holding a degree or

diploma of the College unless such degree or diploma has been

conferred as prescribed in sub-article (1).

(1) Any person holding office on a governing body of the

College shall, unless otherwise specifically provided elsewhere in

this Act, hold such office for a period of two 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.

(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.

PART IX

Officers and Staff of the Entities

(1) Subject to the provisions of the Constitution and of

any other enactment applicable hereto, including this Act, any

entity, acting with the concurrence of the Minister, may appoint and

employ such officials and other employees which may from time to

time be required for the due and efficient performance of its

functions.

(2) Such appointment and employment of the said officials and

employees shall be effected with such remuneration and upon such

terms and conditions as the entity may, in concurrence with the

Minister, from time to time, determine.

(1) The Prime Minister may, at the request of any entity

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

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

capacity and with effect from such date and for such duration as

may be specified in the Prime Minister’s direction.

(2) The period during which an order, as herebefore mentioned,

shall apply in regard of an officer specified therein, unless the

officer retires from public service or otherwise does not remain in

office as from an earlier date, shall be such as may be specified in

the order, unless such order is previously revoked by the Prime

Minister.

(3) Where any officer is detailed for duty with an entity

according to the provisions of this article, such officer shall, during

the time in which such direction has effect in relation to him, be

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under the administrative authority and control of the entity, but he

shall for other intents and purposes remain and be considered and

treated as a public officer.

(4) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid -

(a) shall not during the time in respect of which he is so

detailed -

(i)

be precluded from applying for a transfer to a

department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held

by him at a date on which he is so detailed for

duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by him at the date

aforesaid or which would have become attached

to such appointment, during the said period, had

such officer not been detailed for duty with the

entity; and

(b) shall be entitled to have his service with the entity

considered as service with the Government for the

purposes of any pension, gratuity, or benefit under the

Pensions Ordinance and the Widows’ and Orphans’

Pensions Act and of any other right or privilege to

which he would be entitled, and liable to any liability

to which he would be liable, but for the fact of his

being detailed for duty with an entity.

(5) Where an application is made as provided in sub-article

(4)(a)(i), the same consideration shall be given thereto as if the

applicant had not been detailed for service with the entity.

(6) The entity shall pay to the Government, where applicable,

such contributions as may from time to time be determined by the

Minister responsible for finance in respect of the cost of pensions

and gratuities earned by an officer detailed for duty with the entity

as aforesaid during the period in which he is so detailed.

(1) An entity may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the said entity

under the provision of article 114 permanent employment with the

entity at a remuneration and on terms and conditions not less

favourable than those enjoyed by such officer at the date of such

offer.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those

enjoyed by the officer concerned at the date of such offer, if such

terms and conditions, taken as a whole, in the opinion of the Prime

Minister, offer substantially equivalent or greater benefits.

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(3) Every officer who accepts permanent employment with the

entity, offered to him under the provisions of sub-article (1), shall

for all purposes other than those of the Pensions Ordinance and of

the Widows’ and Orphans’ Pensions Act, be deemed to have ceased

to be in service with the Government and to have entered into

service with the entity on the date of his acceptance, and for the

purposes of the said Ordinance and of the said Act, so far as

applicable to him, service with the entity shall be deemed to be

service with the Government within the meanings thereof

respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the entity was entitled to

benefit under the Widows’ and Orphans’ Pensions Act, shall

continue to be so entitled to benefit thereunder to all intents as if

his service with the entity were service with the Government.

(5) The entity shall pay to the Government such contributions

as may from time to time be determined by the Minister responsible

for finance in respect of the cost of pensions and gratuities earned

by an officer who has accepted permanent employment with the

entity as aforesaid during the period commencing on the date of

such officer’s acceptance.

(6) For the purpose of the Pensions Ordinance the pensionable

emoluments of such public officer on retirement shall be deemed to

be the pensionable emoluments payable to an officer in

Govern ment service in a grade an d at an increm en tal lev el

corresponding to the post and incremental level at which the officer

retires from the entity.

(7)

(a) For the purposes of this article posts and salary grades

with the entity shall be classified in the most nearly

corresponding grades and incremental levels in the

service under the Government of Malta by reference to

job description, skills, responsibilities and other

analogous factors.

(b) The classification referred to in paragraph (a) shall be

carried out by a Board composed of a Chairperson

appointed by the Ministry responsible for finance and

two other members, one appointed by the Ministry

responsible centrally for personnel policies in the

public service and one appointed by the entity

concerned. The classification shall be subject to the

final approval of the Minister responsible for finance.

(c) Such classification shall take place within three

months of any adjustment of salaries of employees in

Government service and, or of employees of an entity.

(d) No post shall be classified in a grade higher than that

of a Grade 3 in the service of the Government or such

other grade that the Minister responsible for finance

may from time to time by notice in the Gazette

determine.

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(e) Without prejudice to the provisions of article 113 of

the Constitution, no person may, following a

classification as aforesaid, be entitled to rights under

the said Pensions Ordinance less favourable than those

to which he would have been entitled prior to such

classification.

PART X

Financial Provisions

(1) Without prejudice to the following provisions of this

article, every entity shall so conduct its affairs that the expenditure

required for the proper performance of its functions shall, as far as

possible and practicable, be met out of its revenue.

(2) In case an entity registers any excess of revenue over

expenditure, this excess shall, subject to such directives as the

Minister, after consultation with the Minister responsible for

finance, may from time to time give, be applied by the entity to the

formation of reserve funds to be used for the purposes of the

functions of the entity.

(3) Any funds of an entity not immediately required to meet

expenditure may be invested in such manner as may from time to

time be approved by the Minister.

The Minister responsible for finance may, after

consultation with the Minister, make advances to the entity of such

sums as he may agree to be required by the entity for carrying out

any of its functions under this Act, and may make such advances on

suc h t erm s and con dit io ns as h e m ay, af ter con sult atio n as

aforesaid, deem appropriate. Any such advance may be made by the

Minister responsible for finance out of the Consolidated Fund, and

without further appropriation other than this Act, by warrant under

his hand authorising the Accountant General to make such advance.

(1) For the purpose of carrying out any of its functions

under this Act, the entity may, with the approval in writing of the

Minister, given after consultation with the Minister responsible for

finance, borrow or raise money in such manner, from such person,

body or authority, and under such terms and conditions as the

Minister, after consultation as aforesaid, may in writing approve.

(2) An entity may also, from time to time, borrow, by way of

overdraft or otherwise, such sums as it may require by way of

working capital for carrying out its functions under this Act

Provided that for any facility in an amount exceeding sixty-

nine thousand and eight hundred and eighty-one euro and twenty

cents (69,881.20), there shall be required the approval of the

Minister in writing.

(1) The Minister responsible for finance may, for any

requirements of an entity of a capital nature, contract or raise loans,

or incur liabilities, for such periods and on such terms and

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conditions as he may deem appropriate; and any sums due in

respect of or in connection with any such loan or liability shall be a

charge on the Consolidated Fund.

(2) Notice of any loans, liabilities or advances made or

incurred under the foregoing provisions of this article shall be

given to the House of Representatives as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in sub-

article (1), or for the purpose of providing the entity with working

capital, the Minister responsible for finance may, by warrant under

his hand, and without further appropriation other than this Act,

authorise the Accountant General to make advances to the entity

out of the Treasury Clearance Fund under such terms as may be

specified by the Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to an entity, and any other moneys to be advanced to an

entity under this article, shall be paid into a fund specially

established for the purpose.

(5) Sums received by the Accountant General from an entity in

respect of advances made to the entity under this article, shall be

paid, as respects of amounts received by way of repayment into the

Treasury Clearance Fund and, as respects amounts received by way

of interest into the Consolidated Fund.

(1) An entity shall cause to be prepared in every financial

year, and shall not later than the end of September of each such

year adopt, estimates of the income and expenditure of the entity

for the next following financial yea

Provided that the estimates for the first financial year of

each entity shall be prepared and adopted within such time as the

Minister may by notice in writing to the entity specify.

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

account of any funds and other monies 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 an appropriation Act or of any

other law; and the entity shall so prepare the said estimates as to

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

meet all sums properly chargeable to its revenue account including,

bu t w i t ho u t p r e j u d ic e t o t h e g e n e r a l i t y o f t h a t e xp r e s s i o n ,

depreciation.

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

contain such information and such comparison with previous years

as the Minister responsible for finance may direct.

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

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

Minister responsible for finance. The Minister shall at the earliest

opportunity and not later than six weeks after he has received a

copy of the estimates from the entity, after consultation with the

Minister responsible for finance, approve the same with or without

amendment. The Minister shall as soon as practicable cause the

total amount of these approved estimates to form an integral part of

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the Government General Estimates.

(1) No expenditure shall be made or incurred by an entity

unless provision therefor has been made in the estimates approved

as provided in article 120.

(2)

Notwithstanding the provisions of sub-article (1) -

(a) until the expiry of six months from the beginning of a

financial year, or until the approval of the estimates for

that year by the Minister, whichever is the earlier date,

the entity may make or incur expenditure for carrying

on its functions under this Act not exceeding in the

aggregate one-half of the amount approved by the

Minister for the preceding financial year;

(b) expenditure approved in respect of a head or sub-head

of the estimates may, with the approval of the Minister

given after consultation with the Minister responsible

for finance, be made or incurred in respect of another

head or sub-head of the estimates;

(c) in respect of the first financial year, the entity may

make or incur expenditure not exceeding in the

aggregate such amounts as the Minister responsible for

finance may, after consultation with the Minister,

allow;

(d) if in respect of any financial year it is found that the

amount approved by the Minister is not sufficient or a

need has arisen for expenditure for a purpose not

provided for in the estimates, the entity may adopt

supplementary estimates for approval by the Minister,

and in any such case the provisions of this Act

applicable to the estimates shall as near as practicable

apply to the supplementary estimates.

(1) The entity shall cause to be kept proper accounts and

other records in respect of its operations, and shall cause to be

prepared a statement of accounts in respect of each financial year.

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

auditors to be appointed by the entity and approved by the Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts

of every entity to be audited or examined by the Auditor General

who shall for the purpose have the power to carry out such physical

checking and other verifications as he may deem necessary.

(3) After the end of each financial year, and not later than the

date on which the estimates of the entity are forwarded to the

Minister under article 120(4), each entity shall cause a copy of the

statement of account duly audited to be transmitted to the Minister

and to the Minister responsible for finance together with a copy of

any report made by the auditor or auditors on that statement or on

the accounts of the entity.

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

every such statement and report to be laid on the Table of the House

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of Representatives.

(1) All monies accruing to the entity shall be paid into a

bank or banks appointed as bankers by the entity with the approval

of the Minister. Such monies shall, as far as practicable, be paid

into any such banks from day to day, except for such sum as the

entity may authorise to be retained to meet petty disbursements and

immediate cash payments.

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

disbursements not exceeding a sum as from time to time may be

fixed by the entity, shall be made by such officer or officers of the

entity as the entity shall appoint or designate for that purpose.

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

the entity shall be signed by such officer of the entity as may be

appointed or designated by the entity for that purpose and shall be

countersigned by such other member or officer of the entity as may

be authorised by the entity for that purpose.

(4)

Each entity shall also make provision with respect to

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

whom payments are to be authorised or approved;

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

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

the transfer of funds from one account to the other;

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

funds of the entity and generally with respect to any

matter which is relevant to the proper keeping and

control of the accounts and books, and the control of

the finance, of the entity.

No entity shall, except with the approval of the Minister

granted for special reasons and after consultation with the Minister

responsible for finance, award or enter into any contract for the

supply of goods or materials or for the execution of works, or for

the rendering of services, to or for the benefit of the entity, which is

estimated by the entity to exceed six thousand and nine hundred

and eighty-eight euro and twelve cents (6,988.12) in value, or such

other amount as the Minister responsible for finance may by

regulations under this article prescribe, except after notice of the

intention of the entity to enter into the contract has been published

and competitive tenders have been issued.

PART XI

Miscellaneous

Articles 125 to 129 - deleted by Legal Notice 373 of 2021.

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For the purposes of the Criminal Code and of any provision

r e l a t i n g t o a c r i m i n a l o ff e n c e , t h e m e m b e r s o f a n y B o a r d ,

Directorate, College, Committee, Commission, Council and any

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

as public officers.

Without prejudice to the provisions of this Act or of some

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

other entities, including those agencies, directorates, departments

or other educational institutions as he may deem necessary for the

better quality and provision of education and training services in

the country, and the Prime Minister may also by an Order in the

Gazette constitute any entity established under this Act as a body

corporate with its own juridical and distinct personality, and the

Prime Minister shall in such a case, by means of regulations,

provide for any matter that may be necessary for the effective

management of the entity mentioned in the relative Order.

(1) The Minister shall ensure the existence of an

institution to provide courses and programmes of education and

training, including practical and work experience, at the levels of

further and higher education, that lead to recognised qualifications

in trades, skills, and professions as may be necessary in the

tourism, restaurants and the catering industry and services, and all

this in a curricular framework of lifelong learning and the holistic

development of the person.

(2) Without prejudice to the provisions of this Act or of some

other law, the Minister may make regulations to regulate and to

provide for any matter related to the bodies, administration and

control, the education and training policies, functions,

appointments and conditions of work of teachers, officers and

employees, the financing of the institution, internal and external

educational quality audit and assurance, and any other matter that

may be necessary for the performance and results of the institution

referred to in sub-article (1).

(3) Without prejudice to the provisions of this Act or of any

other law, the Minister may by regulations delegate to another

Minister the powers provided in sub-article (2) and to stipulate the

conditions of such delegation in the regulations.

Deleted by Legal Notice 373 of 2021.

(1) The Minister may, from time to time give to any of

the entities or to any of its officers or employees such directives

and orders, not being inconsistent with the provisions of this Act,

as the Minister may deem opportune with regard to the policy that

has to be followed by them and to the operation and

implementation of their functions, and on any other matter which

appears to the Minister to be connected with the education, and the

entity, officer or employee concerned shall, as much as possible

without delay, comply with and act in accordance with these

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directives and orders and shall conduct their functioning in

accordance with these principles.

(2) Every entity shall give the Minister all required facilities so

that he may obtain all information connected with their affairs and

activities of any entity, officer or employee, and for this purpose

they shall supply the Minister with returns, bills and any other

information connected thereto, or with their functions, and give

him all required facilities to audit all given information, in such

manner and within such times as the Minister may reasonably

require.

The Minister may, subject to the provisions of this Act,

make regulations to give effect to any of the provisions of this Act,

or to regulate or otherwise provide about any thing in respect of the

functions and the activities which affect education according to this

Act, and may in particular, but without prejudice to the generality

of the aforesaid, make regulations for any of the following

purposes

(a) subject to the provisions of the Constitution or of any

other law which may be applicable, provide for any

matter as may be necessary, including advertisements,

the process of applications, selection boards,

interviews, examinations, the assessment and

evaluation of candidates, publication of results,

connected with the process of appointment or

promotion or assignment of position to any officer and

employee of an entity, and to acquire such necessary

data for the records of the staff of the entities;

(b) to provide for the appointment, conditions of

employment, duties and powers of teachers, officers

and employees of the entities, and also of officers and

employees of a Department or other agency who may

have functions by any other law which regard the

health and the treatment of children and students,

including provisions to empower each one of such

officers to visit children at their homes and to examine

them or to make other investigations

Provided that in regulations relating to officers and

employees of a Department or agency falling under the

responsibility of another Minister, the Minister shall

make such regulations with the approval of such other

Minister;

(c) to better provide for the duties and functions of Heads,

officers and employees and for the assignment of

duties in a place or an entity according to their grade

or position and for their transfer from one place to

another within an entity;

(d) to require the parents to give to the Minister, the

Directors General, and to each Director, Principal,

Head of school, officer or employee of any entity, as

duly authorised by the Minister or by the Directors

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General, or by a Principal such data about their

children as is necessary for the due performance of the

functions and the duties of each entity and its officers,

including such data as may be specified in the

regulations;

(e) to establish, communicate and require the execution of

a National Curriculum Framework of studies subject to

the specific religious nature of any school;

(f)

to establish the qualifications of professional persons,

officers and other employees of the entities and

schools, the curricula, terms, school days and times,

students’ uniforms, parents’ days, the national

minimum conditions of schools, and any other matter

connected with or incidental to the implementation of

the functions or to the operation and administration of

entities and of State schools and to the discipline to be

kept thereat;

(g) to prescribe such data, reports and statement of

accounts which have to be sent to the Minister or to the

Directors General by the Principals, Heads of schools

and such other officers and persons relating to

education as the Minister may deem necessary to

request, and in such manner, in such form, time and on

such subjects as he may specify in the regulations;

(h) to establish any fee and payment which may be due by

or under this Act, or for the services given in

compliance with the provisions of this Act;

(i)

to give direction for the better practice of any

profession related to education, including initial

training and continuous professional development of

officials and employees of entities and to establish

benchmarks, standards and assures quality, including

internal quality assurance and external auditing

processes, in institutions, schools and educational

entities;

(j)

to provide about any form or procedure which may be

required or expedient and about which there would be

no specific procedure in this Act;

(k) to establish rules by means of which the Government

may ratify and give effect to international conventions

relating to education and which has already been

ratified by the Government of Malta or in order to

achieve compliance with every international obligation

pertaining to the Government of Malta or with

European Union Directives on any matter or field

concerning education and training;

(l)

to establish, unless otherwise provided in this Act or in

any other law, a statute and rules to regulate the

mission, scope, functions, powers and duties, financial

accountability or otherwise, and any other procedure

which has to be followed, performed and observed by

EDUCATION

any entity, Committee or Council established by or

under this Act;

(m) to afford, subject also to the provisions of any other

law, to a person aggrieved by the decision of any

entity, agency, the Malta College of Arts, Science and

Technology, the University, or any body or

organisation established under this Act, means and

procedures either to lodge its complaints and

aggravation about a decision or to contest or appeal

from such a decision and to be so satisfied if its

aggravation is upheld;

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

committee, including procedures relating to a quorum,

making decisions by means of voting, keeping of

minutes and any other matter ancillary thereto;

(o) to provide on any incidental or supplementary matter,

including the power of entry and inspection of any

premises or place where instruction and teaching take

place or may take place in accordance with this Act, as

the Minister may deem expedient for the enforcement

of any provision of this Act and regulations made

thereunder or to give greater effect thereto;

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

established under this Act and to provide on any other

matter as may be deemed to be appropriate;

(q) to establish the fines for any contravention or breach

of any provision of regulations made under this Act, or

for non-compliance with any provision or any

requirement imposed under such provision

Provided that regulations made under this article may

provide differently for different aims or circumstances,

for different classes or kinds of schools, and for

different classes of children;

(r) to bring into force the provisions of the Mutual

Recognition of Qualifications Act and all regulations

made thereunder, on the mutual recognition of

qualifications of a teacher;

(s) to better regulate the operation and the provision of

services in the Colleges and schools, including all

matters concerning personnel, equipment, building,

management, the use of school premises after normal

school hours, partnerships between Colleges and State

schools, and non-State schools and international

exchanges, and participation in EU programmes;

(t)

to provide processes of licensing, accreditation,

quality assurance and recognition;

(u) to provide processes for the validation of informal and

non-formal learning with the aim of such validation to

be classified at a level of the Malta Qualifications

Framework;

EDUCATION

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

English as a foreign language;

(w) to regulate access to and gathering of information,

statistics and data by the National Commission for

Further and Higher Education and the Secretariat of

the same Commission, that are both established by

articles 64 and 70 respectively;

(x) to extend the functions of the National Commission for

Further and Higher Education as provided under

article 65(o);

(y) to provide for the establishment and description, from

time to time, of the Malta Qualifications Framework as

defined in article 63; and

(z) to establish administrative fines not exceeding a

penalty of four thousand euro (€4,000) to which any

person, school, provider or body corporate

contravening any regulations made under this Act may

become liable

Provided that -

(i)

the Minister may by regulations designate which

competent authority shall be responsible for

imposing and enforcing such administrative

fines with respect to the regulations concerned;

(ii) when any administrative fine imposed under this

paragraph becomes final, it shall constitute an

executive title for the effects and purposes of

Title VII of Part I of Book Second of the Code of

Organization and Civil Procedure.

(1) The University shall succeed to the property, rights

and obligations of the University existing immediately before the

coming into force of article 72 as well as to the property, rights and

obligations of the institutions which used to be known as The Old

University, The New University and The Royal University of

Malta.

(2) All those persons who before the coming into force of this

Act were employed by the institution known under the name of The

University of Malta shall, on the coming into force of this Act, be

deemed to have always been employed and shall continue to be so

employed by the University

Provided that in respect of those persons whose service, on

the date of the coming into force of this article, was deemed, for the

purposes of the Pensions Ordinance and the Widows and Orphans

Pensions Act, to be service with the Government, the service of

such persons with the University shall, for the purposes of the said

Ordinance and of the said Act, continue to be deemed to be service

with the Government within the meanings thereof respectively.

(3) The statutes, regulations and bye-laws included in Schedule

II of this Act shall come into force and have the force of law on the

coming into force of article 72 and shall so remain in force until

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such time as they are amended or repealed by the competent

go vern in g bo di es of t he U ni versi ty i n acc orda nce wi t h th e

provisions of this Act.

(4) The person who held the office of Rector of the institution

known as The Old University before the enactment of Act XII of

1980 which amended the Education Act * , shall be the Rector of the

University on the coming into force of article 72.

(5) All appointments of heads of departments and all

appointments and elections to the Council, the Senate and the

Fa culty B oa rds o f the University shall b e ma de as soon as

practicable after the date of commencement of the relevant

provisions of this Act and in any case not later than three months

from such date; but, notwithstanding the provisions of articles 72 to

83 (both inclusive) of this Act and subject to the provisions of sub-

article (6), until the said appointments of heads of departments are

so made and until the said Council, Senate and Boards are so

reconstituted or, in either case, until the expiration of the said

period of three months, whichever is the earlier date in either case,

the heads of departments, the Council, the Senate and the Faculty

Boards of the University which existed immediately before the date

of the coming into force of article 72, shall be the heads of

departments, Council, Senate and Faculty Boards of the University

for the purposes of this Act.

(6) Notwithstanding the provisions of sub-article (5), the

Rector designated in sub-article (4) shall be a member and ex

officio vice-president of the Council and a member and ex officio

president of the Senate and Faculty Boards on the coming into

force of article 72.