PERITI ACT

PERITI

CHAPTER 390

PERITI ACT

To regulate Periti and to provide for matters connected therewith or

ancillary thereto.

1st October, 1999

ACT XIV of 1996 , as amended by Act XVIII of 2002 ; Legal Notices

248 of 2004 and 425 of 2007 ; Act XXIII of 2009 ; and Legal Notice

335 of 2010 and XXI of 2020.

The short title of this Act is the Periti Act.

In this Act unless the context otherwise requires -

"Board" means the Bord tal-Warrant tal-Periti established by

article 6;

"competent authority" shall have the same meaning the Mutual

Recognition of Qualifications Act;

"Kamra" means the Kamra tal-Periti;

"Member State" and "citizen of a Member State" shall have the

same meaning assigned to them in the Mutual Recognition of

Qualifications Act;

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

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

Board;

"prescribed" means prescribed by regulations under this Act;

"profession" means the profession assuming responsibility for

the design and, or, construction of building works, under the

generic title of Perit and includes works in architecture and civil

and structural engineering;

"service provider" means a person from any Member State or any

country in the European Economic Area who exercises the

profession on a temporary basis in Malta;

" Tr e a t y " m e a n s t h e Tr e a t y e s t a b l i s h i n g t h e E u r o p e a n

Community;

"warrant" means a warrant granted under article 5, and "warrant

holder" shall be construed accordingly.

Repealed by Act XIII of 2021.

Repealed by Act XIII of 2021.

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Repealed by Act XIII of 2021.

Repealed by Act XIII of 2021.

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

Warrant tal-Periti which shall consist of

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

among persons who are or have been qualified to be

appointed judges in Malta;

(b) two members appointed by the Minister from among

warrant holders, who have held their warrant for at

least eight years;

(c) two members appointed by the Kamra from among

warrant holders who have held their warrant for at

least eight years; and

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

warrant holders from among themselves.

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

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

appointment.

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

of two years, and under such conditions as may be set out in their

letter of appointment

Provided that in the first year, one of each of the members,

appointed or elected under sub-article (1)(b), (c) and (d), shall be

appointed or elected for one year, so that, thereafter, half the said

members other than the chairman shall vacate their office each

year.

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

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

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

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

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

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

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

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

act notwithstanding any vacancy among its members.

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

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

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

otherwise regulate its own procedure.

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(1)

The functions of the Board are

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

(b) Repealed by Act XIII of 2021.

(c)

Repealed by Act XIII of 2021.

(d)

Repealed by Act XIII of 2021.

(e)

Repealed by Act XIII of 2021.

(f)

Repealed by Act XIII of 2021.

(2) The Board shall exercise its functions independently and

according to its own judgment. In the exercise of its functions the

Board may

(a) consult such persons as it may consider necessary; and

(b) appoint committees under the chairmanship of a

member of the Board for the purpose of the carrying

out of such duties and tasks as the Board may assign to

them.

(3) The Board shall keep a register of warrant holders and

shall, not later than three months after the end of each year, publish

in the Gazette a list of persons who, on the 31st December of the

said year, were registered as holders of a warrant issued under this

Act. In the same manner and at the same time the Board shall

publish a list of partnerships registered in accordance with article 9.

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

before the Administrative Review Tribunal established by article

5(1) of the Administrative Justice Act.

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

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

against such decision not later than twenty days of service upon

him of the Board’s decision.

(3) The Administrative Review Tribunal may, in its

determination on any appeal entered in accordance with subarticle

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

decision.

(1) All warrant holders shall have the right to belong to the

Kamra and to participate in its activities.

(2)

The Minister shall have the power to make regulations -

(a) prescribing the conditions and rules required for the

legal establishment and administration of the Kamra,

its maintenance, and the validity of its decisions, and

for determining its functions and powers;

(b) assigning to the Kamra the duty of enquiring into any

charge of professional misconduct or abuse made

against any warrant holder in connection with the

exercise of his profession or with professional matters;

(c) vesting the Kamra with disciplinary powers in

connection with any misconduct, or abuse referred to it

in paragraph (b) hereof, by such means and in such

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form as prescribed by regulations

Provided that no punishment shall be awarded by

the Kamra until full opportunity has been given to the

warrant holder charged to make his defence, saving his

right to appeal against the decision of the Kamra to the

Court of Appeal within such time and in such form as

shall be prescribed from time to time;

(d) making provision for securing the enforcement of the

Kamra’s and the Board’s decisions.

Repealed by Act XIII of 2021.

Repealed by Act XIII of 2021.

* Repealed by Act XIII of 2021.

Repealed by Act XIII of 2021.

Repealed by Act XIII of 2021.

Repealed by Act XIII of 2021.

The Board may, by notice in the Gazette, suspend, revoke

or cancel a warrant or registration of a partnership of warrant

holders, if the warrant holder, or one of the partners, as the case

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

subject to appeal to the Court of Appeal, of the

following acts or omissions

(i) dishonesty, misconduct or gross negligence in

the exercise of his profession;

(ii) conduct discreditable to the profession;

(iii) failure to comply with regulations with respect

to professional standards or practices;

(iv) failure to comply with any condition attached to

a warrant issued under the provisions of article

17; or

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

offence under the provisions of this Act or of any

regulations made thereunder; or

*Not yet in force.

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(c) without prejudice to the provisions of article 13, has

been found guilty by a competent court of a crime

affecting public trust or of theft or of fraud or of

knowingly receiving property obtained by theft or

fraud.

Where a warrant issued under this Act is withdrawn,

suspended or revoked, the person to whom the warrant was issued

shall cease to be the holder of such warrant, or shall be suspended

from the exercise of his profession as the case may be, and he shall

cease or suspend the use of the designation Perit; and upon the

cancellation of the registration of a partnership of warrant holders

the members of that partnership and the partnership shall cease to

act in the name and on behalf of the partnership and the partnership

shall cease to use the designation Periti.

Repealed by Act XIII of 2021.

Repealed by Act XIII of 2021.

Repealed by Act XIII of 2021.

The Minister may, after consulting the Kamra, make

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

generally to regulate the profession, and without prejudice to the

generality of the foregoing, such regulations may in particular

include provisions with respect to

(a) the making of a tariff of fees payable to warrant

holders for professional work and services not

included in Tariff K of Schedule A annexed to the

Code of Organization and Civil Procedure;

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

or for the registration of a partnership of warrant

holders, or for copies thereof;

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

Recognition of Qualifications Act and subsidiary

legislation issued thereunder, in relation to the mutual

recognition of qualifications of perit;

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

Act to be prescribed.

(1) Any regulations made under the Architects Ordinance,

hereinafter referred to as "the Ordinance", shall continue to apply

as in force before the coming into force of this article, until revoked

or amended, with such modifications, adaptations and limitations

as may be necessary in accordance with the provisions of this Act.

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

Act under the provisions of the Ordinance shall, notwithstanding

anything contained in this Act, remain in force after the coming

into force of this Act and shall be deemed to have been granted

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under this Act and shall be governed by the provisions of this Act.

(3) The Chamber of Architects established by the Ordinance

shall continue as the Chamber referred to in article 8.