MUTUAL RECOGNITION OF QUALIFICATIONS ACT

MUTUAL RECOGNITION OF QUALIFICATIONS

CHAPTER 451

MUTUAL RECOGNITION OF QUALIFICATIONS ACT

Relating to the Mutual Recognition of Qualifications.

20th September, 2002;

1st May, 2004

ACT XVIII of 2002, as amended by Acts XVII of 2003 and X of 2004;

Legal Notices 248 of 2004 and 422 of 2007; Act XV of 2009; Legal Notice

69 of 2014; and Acts XXXIV of 2014, XXV of 2015 and XXXIV of 2016 ,

XXIX of 2019 , XL of 2023 and XXXIII of 2024.

The short title of this Act is the Mutual Recognition of

Qualifications Act.

Amended by

XVII. 2003.20;

X. 2004.20;

L.N. 422 of 2007;

XV. 2009.49;

L.N. 69 of 2014;

XXXIV. 2014.62;

XXV. 2015.41;

XXIX.2019.71;

Act XL of 2023;

XXXIII.2024.

First Schedule.

(Article 2)

Regulated Profession

/ Professional

Designated Authority

Legislation

Activity

Teacher

Minister responsible for

Education Act, Cap. 605

education

Instructor

Kindergarten Assistant

Facilitator

Accountant

Accountancy Board

Accountancy Profession Act, Cap. 281

Auditor

Stock broker

Recognised Stock

Financial Markets Act, Cap. 345

Exchange/Malta Financial

Services Authority

Financial

Malta Financial Services

Financial Markets Act, Cap. 345

intermediaries

Authority

Investment Service

Malta Financial Services

Investment Services Act, Cap.370

Providers

Authority

Insurance

Malta Financial Services

Insurance Distribution Act, Cap. 487

Intermediaries

Authority

Weighers

Malta Standards Authority

Metrology Act, Cap. 454

Engineer

Engineering Board

Inġiniera Act, Cap. 321

Mason

Masons Board

Code of Police Laws, Cap. 10

Tourist guide

Minister responsible for

Malta Travel and Tourism Services Act,

Tourism

Aircraft pilot

Department of Civil

Air Navigation Act, Cap. 641

Aviation

Aircraft flight

engineer

Aircraft flight

navigator

Aircraft maintenance

engineer

Apron controller

Air traffic control

officer

Port worker

Port Workers’ Board

Port Workers Ordinance, Cap. l71

MUTUAL RECOGNITION OF QUALIFICATIONS

Regulated Profession

/ Professional

Designated Authority

Legislation

Activity

Foreman of port

worker

Scheduled bus

Public Transport Directorate - Authority for Transport in Malta Act,

service driver

Authority for Transport in

Unscheduled service Malta

driver (coach)

White window mini-

van driver

Minibus service

driver

Taxi service driver

Motor hearse driver

Master

Registrar General of

Merchant Shipping Act, Cap. 234

Chief Mate

Shipping and Seamen

Merchant Shipping (Training and

Officer in charge of

Certification) Regulations (S.L. 234.17)

navigational watch

Chief engineer

officer

Second engineer

officer

Officer in charge of

engineering watch

Licensed testers

Licensing and Testing

Motor Vehicle Roadworthiness Test

Directorate

Regulations (S.L. 65.15); and

Authority for Transport in

Malta

Licensed driving

Motor Vehicles (Driving Licences)

instructor

Regulations (S.L. 65.18)

under the Traffic Regulation Ordinance,

Able bodied seaman

Registrar General of

Merchant Shipping (A.B. and E.D.H.

Shipping and Seamen

Certificates) Regulations (S.L. 234.15)

under the Merchant Shipping Act,

Efficient Hand Deck

Pilot

Pilotage Board

Maritime Pilotage Regulations,

(S.L.499.26) under the

Authority for Transport in Malta Act,

Mooringman

Bunker operator

Authority for Transport in

Bunkering (Fuels) Tax Act, Cap. 381

Malta

Engine driver

Authority for Transport in

Commercial Vessels Regulations, (S.L.

Malta

499.23)

under the

Authority for Transport in Malta Act,

MUTUAL RECOGNITION OF QUALIFICATIONS

Regulated Profession

/ Professional

Designated Authority

Legislation

Activity

Master

General Purpose

Hand

Boatman

Boatmaster Grade II

Boatmaster Grade I

Commercial Vessel

Mate

Commercial Vessel

Master

Marine Engine

Driver 3

Marine Engine

Driver 2

Marine Engine

Driver 1

Engineer

Radio Operator

Authority for Transport in

Wireless Telegraphy (Certificates of

Malta

Operators) Regulations, (S.L. 399.35)

under the Electronic Communications

(Regulation) Act, Cap. 399

Auctioneer

Auctioneers Board

Auctioneers Act, Cap. 342

Authorisation A

Regulator for Energy and

Electrical Installations Regulations (S.L

Authorisation B

Water Services

545.24)

under the Regulator for Energy and Water

Services Act, Cap. 545

Community Officer

Commissioner of Police

Private Guards and Community Officers

Act, Cap. 389

Private guard

Probation officer

Prime Minister

Probation Act, Cap. 446

Cinema

Department of Labour

Code of Police Laws, Cap. 10

projectionists

Health and Safety at Work Act, Cap. 646

Engine Drivers

(Steam) (First Grade)

Engine Drivers

(Steam) (Second

Grade)

Engine Drivers

(Internal

Combustion) (First

Grade)

Engine Drivers

(Internal

Combustion)

(Second Grade)

Electric Motor

Driver (First Grade)

MUTUAL RECOGNITION OF QUALIFICATIONS

Regulated Profession

/ Professional

Designated Authority

Legislation

Activity

Electric Motor

Driver (Second

Grade)

Periti

Minister responsible for

Periti Act, Cap. 390

Works on the

recommendation of the

Bord tal-Warrant tal-Periti

Advocates

President of Malta

Code of Organization and Civil

Procedure, Cap. 12

Legal Procurators

President of Malta

Code of Organization and Civil

Procedure, Cap. 12

Conservators-

Minister responsible for

Cultural Heritage Act, Cap. 445

Restorers

cultural heritage on the

recommendation of the

Bord tal-Warrant tar-

Restawraturi

Diving instructors

Minister responsible for

Health

Veterinary Surgeons President of Malta on the

Veterinary Services Act, Cap. 437

recommendation of the

Veterinary Surgeons’

Council

Social Worker

Minister responsible for

Social Work Profession Act, Cap. 468

social policy

Psychologist

Minister responsible for

Psychology Profession Act, Cap. 471

social policy

Acupuncturist

Council for the Professions Health Care Professions Act, Cap. 464

Complementary to

Chiropractor

Medicine

Dental Hygenist

Dental Technologist

Dietitian

Environmental

Health Officer

Medical Laboratory

Scientist

Nutricianist

Occupational

Therapist

Optemetrist

Orthopist

Osteopaths

Perfusionist

Physiotherapist

Podiatrist

Psychotherapist

Radiographer

MUTUAL RECOGNITION OF QUALIFICATIONS

Regulated Profession

/ Professional

Designated Authority

Legislation

Activity

Speech Language

Pathologist

Pharmacist

Pharmacy Council

Pharmacy

Technicians

Nurses

Council for Nurses and

Midwives

Midwives

Medical Practioners

Medical Council

Dental Surgeons

In this Act, unless the context otherwise requires -

"applicant" means a person from an Agreement State applying to

a designated authority for authorization to practise a regulated

profession in Malta;

"application" means a request submitted by an applicant;

"competent authority", in relation to -

(a) any document, certificate, diploma or qualification, or

attestation of competence; or

(b) a period of professional and vocational experience,

means the authority, body or person in a Member State authorized

under the legislation or established practice of that State to issue,

award or recognize such d ocument, certificate, diploma or

qualification, or attestation of competence or to certify any such

period of professional and vocational experience;

"designated authority" means a licence, permit or warrant

awarding body or authority in Malta designated for the mutual

recognition of qualifications in relation to a regulated profession or

regulated professional activity as listed in the Schedule or as may

be determined by regulations from time to time;

"diploma" includes any degree, diploma, certificate, attestation

of competence, or other similar evidence of formal qualifications or

of education and training awarded by a competent authority in a

Member State designated according to the law of that state;

"European Union" has the same meaning assigned to it in the

Treaty;

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

"Minister" unless otherwise specified, means the Minister

responsible for education;

"practice" in relation to any regulated profession, includes -

(a) the taking up or pursuit of the profession, whether in a

self-employed capacity or as an employed person; and

(b) the right to use, in the course of such pursuit, a

professional title or designatory letters, or the

MUTUAL RECOGNITION OF QUALIFICATIONS

enjoyment of any special status corresponding to a

diploma, granted by a designated authority for that

profession;

"professional experience" means the actual and lawful full-time

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

Member State;

"regulated profession and regulated professional activity" means

those regulated professions and professional activities listed in the

Schedule;

"the Treaty" has the same meaning assigned to it in the European

Union Act.

This Act shall apply to the professions and professional

activities listed in the Schedule, provided that no applicant shall be

entitled to practise a regulated profession or a regulated

professional activity unless he fulfils the conditions for the taking

up or pursuit of that profession or activity in accordance with the

provisions of this Act or of any enactment listed in the Schedule.

A designated authority for a regulated profession shall

consider an application as soon as it is reasonably practicable, and

shall notify the applicant of its decision together with the reasons

upon which it is based within four months of receipt of all the

relevant documents.

(1) The Minister shall designate a person to be known as

the Mutual Recognition Coordinator to coordinate the activities of

the designated authorities in Malta and to promote uniform

application of this Act.

(2) Designated authorities in Malta shall furnish the Mutual

Recognition Coordinator, with any requested information as he

may reasonably require for the purposes of his functions under this

Act.

(3) The Mutual Recognition Coordinator shall also be

responsible for

(a) collecting all information which is relevant for the

application of Directive 2005/36/EC;

(b) examining suggestions for common

training

frameworks and common training tests;

(c) exchanging information and best practice for the

purpose of optimising continuous professional

development in Member States; and

(d) exchanging information and best practice on the

application of compensation measures provided for

under this Act.

(1) The Minister shall set up a centre to be designated as

the Malta Qualifications Recognition Information Centre.

(2)

The functions of this Centre shall include

(a) the evaluation of diplomas;

MUTUAL RECOGNITION OF QUALIFICATIONS

(b) the provision of assistance to designated authorities,

learning institutions and individuals, counterpart

bodies and other interested parties in the comparative

analysis and evaluation of qualifications;

(c) the collection and dissemination of information related

to professional and vocational qualifications;

(d) the promotion of recognition of Maltese qualifications

abroad;

(e) the enforcement and facilitation of the application of

the articles regarding comparability of higher

education, professional and vocational qualifications;

(f)

the facilitation of academic mobility; and

(g) the promotion of transparency of qualifications.

(1) There shall be a Board, which shall have such number

of divisions as the Minister may by order in the Gazette prescribe,

to be known as the Mutual Recognition of Qualifications Appeals

Board, hereinafter referred to as "the Board", and such Board shall

consist of a chairperson and two other members who shall be

appointed by the Prime Minister from among persons of known

integrity who appear to him to be qualified by reason of having had

experience of, and shown capacity in, matters deemed appropriate

for such purpose.

(2) The Minister may make regulations to regulate the

distribution by types of appeals amongst the divisions of the Board,

provided that no two divisions of the Board shall deal with the

same types of appeals.

(3) A member of the Board shall abstain and may be

challenged in such circumstances as would disqualify a judge in

terms of Sub-Title II of Title II of Book Third of the Code of

Organization and Civil Procedure; and in any such case either the

member shall be substituted by another person appointed for the

purpose by the Prime Minister acting on the advice of the Minister,

or the appeal, when there is more than one division of the Board in

office, may be referred by order of the Board from one division of

the Board to another.

(4) The members of the Board shall hold office for a period of

three years, and shall be eligible for re-appointment.

(5) A member of the Board may be removed from office by the

Prime Minister acting on the advice of the Minister, on grounds of

gross negligence, conflict of interest, incompetence, or acts or

omissions unbecoming a member of the Board.

(6) Except where a designated authority does not have its own

means of appeal, the Board shall have jurisdiction to hear and

determine all appeals made by an applicant aggrieved by any

decision made by any designated authority under this Act or under

any enactment in the second Schedule to this Act.

(7) Any such appeal has to be filed in the Registry of the

Board within ten days from such decision.

MUTUAL RECOGNITION OF QUALIFICATIONS

(8) The decisions of the Board shall be final except with

respect to points of law decided by the Board, from which an

appeal shall lie within ten days to the Court of Appeal (Inferior

Jurisdiction); the judge shall have the right to decide in camera that

such appeal is frivolous or vexatious following the closing of the

stage of written submissions; such appeal shall also be regulated by

rules of court made under article 29 of the Code of Organization

and Civil Procedure.

(1) The Minister shall make regulations to bring the

provisions of this Act into effect and in respect of any matter which

m ay be prescribed under this Act; without prejudice to the

generality of the foregoing, the Minister may, by such regulations

(a) prescribe the parameters for the determination of

evidence of formal qualifications;

(b) provide for the recognition of any secondary, post-

secondary or higher education and training courses,

and long or short secondary courses, possibly

complemented by professional training or experience;

(c) provide for the right to practise and use of professional

title; and

(d) provide for the recognition of professional experience,

adaptation periods, proof of good conduct and aptitude

test

Provided that in the case of professional activities not

listed in the Schedule, the Minister may, with the concurrence of

the Minister responsible for labour, make regulations for the

recognition of qualifications on the basis of professional and, or

vocational experience.

(2) The Minister may also by regulations add Schedules to this

Act and amend or vary any such schedules currently in force

including the possibility of adding or deleting professions or

professional activities therefrom.

The Minister may, with the concurrence of the Minister

responsible for finance, make orders with respect to the amount of

fees payable for anything done or service rendered under this Act.

MUTUAL RECOGNITION OF QUALIFICATIONS