INSTITUTE OF TOURISM STUDIES ACT

The short title of this Act is the Institute of Tourism

Studies Act.

The object of this Act is to regulate and provide for matters

related to the Institute of Tourism Studies.

In this Act, unless the context otherwise requires

"Board of Governors" means the Board established by article 9;

"Board of Studies" means the Board established by article 11;

"the Chairman" means the Chairman of the Board of Governors

of the Institute of Tourism Studies;

"the Chief Executive Officer" means the Chief Executive Officer

of the Institute of Tourism Studies with such functions and

responsibilities as established in article 17;

"the Deputy Chairman" means the Deputy Chairman of the Board

of Governors of the Institute of Tourism Studies;

"the Institute" means the Institute of Tourism Studies;

"Internal Quality Assurance Committee (IQAC)" means the

committee that will monitor the organisational performance in

accordance with the National Quality Assurance Framework for

Further and Higher Education;

"Malta Qualifications Framework" means the national

framework for lifelong learning, being the national instrument for

the development and classification of qualifications according to a

set of criteria, established through descriptors and applicable to a

different set of levels, as provided under the Further and Higher

Education Act or any regulation made thereunder;

"the Minister" means the Minister responsible for tourism;

"the Permanent Secretary" means the person appointed to

supervise tourism in Malta in terms of the Public Administration

Act;

"the Principal Permanent Secretary" means the person appointed

in terms of article 14 of the Public Administration Act;

"Programme Quality Validation Board (PQVB)" means the board

to oversee the effective operation of the Institute’s academic

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programmes through validation;

"programme" has the meaning assigned to it by article 2 of the

Further and Higher Education Act;

"provider" has the meaning assigned to it by article 2 of the

Further and Higher Education Act;

"qualification" has the same meaning assigned to it by article 2 of

the Further and Higher Education Act;

"regular hours" shall mean a programme or course offered by the

Institute for the purposes of which more than fifty percent of the

teaching is delivered between 08.00 hrs and 17.00 hrs;

"student" shall mean all persons enrolled and participating full- time

in a course or programme having level 6 or less offered by the Institute.

The provisions of this Act shall be without prejudice to the

functions of the Principal Permanent Secretary under the Public

Administration Act and to his powers to issue directives and

guidelines with respect to government agencies.

PART II

The Institute’s Legal Personality and its general objectives

(1) The Institute shall be a body corporate having a distinct

legal personality and shall be capable 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 Institute shall

vest in the Chief Executive Officer, provided that the Board of

Governors may appoint any one or more of its members or of the

officers or employees of the Institute to appear in the name and on

behalf of the Institute in any judicial proceedings or in any act,

contract, instrument or any other document.

(3) The Institute shall assume the legal personality previously

vested in the Institute of Tourism Studies Department within the

Ministry responsible for education and, from the entry into force of

this Act, shall assume responsibility for all assets, liabilities and

obligations previously entered into by the said Department or by

other bodies on its behalf.

The official languages of the Institute are Maltese and

English. The Institute may use either of both languages for official

purposes.

(1) The Institute shall have as its mission to develop

persons through quality learning to achieve excellence in tourism.

(2) In fulfilling its mission the Institute shall adhere to the

following principles

(a) the provision of a learner-centred curriculum and

which promotes creativity, innovation, participation,

reflection, personal independence and the holistic

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development of learners;

(b)

the provision of an inclusive learning environment,

ensuring equitable access to all persons irrespective of

any diversity;

(c)

the promotion of professional development through

lifelong learning opportunities for all types of

learners;

(d)

the provision of individual guidance and mentoring to

learners;

(e)

the development of specialised technical, leadership

and entrepreneurial skills in line with trends and

requirements of the tourism industry;

(f)

the promotion of internationalisation, with a holistic

understanding of differences between local and foreign

cultures;

(g)

the requirement of performance of ethical and

environmentally

conscious

practices

and

a

commitment towards professionalism and health and

safety in the place of work;

(h)

the ongoing development and strengthening of tourism

studies as a key element of vocational education in

Malta; and

(i)

through its operations, the promotion of Malta as a

place of educational tourism and the promotion of

tourism in Malta generally.

(3)

(a) The Institute shall provide the following courses and

programmes of learning including practical and work

experience, that lead to recognised qualifications in

accordance with the Malta Qualifications Framework,

in trades, skills, and professions as may be necessary

in the tourism, restaurants and the catering industry

and services, including by distance learning and or by

any other effective means and from any suitable place

according to the objective of the course or programme.

The courses and programmes shall also include

suitable course and programme options for industry

pre-entrants and specialised programmes for personnel

in the tourism industry.

(b) The Institute shall ensure the following

(i) that the courses and programmes provided in

accordance with paragraph (a) aim to develop

technical, generic and behavioural skills and

competencies, integrate theory and practice and

promote modern leadership approaches;

(ii) that the work placements for learners which are

established as part of the courses and

programmes referred to in paragraph (a) are

provided according to established quality

standards as required by the Institute.

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PART III

Governing Bodies

The governing bodies of the Institute shall be the

following

(a) the Board of Governors;

(b) the Board of Studies; and

(c) the Chief Executive Officer.

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

body of the Institute. It shall be composed of not less than seven

and not more than nine members. Three members are to be

appointed by the Minister for Education and the other members are

to be appointed by the Minister for Tourism for a period of not

more than three years. 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 responsible for tourism shall appoint from

among the members of the Board of Governors a Chairman and a

Deputy Chairman. Where 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 Chief Executive Officer shall have a right to attend the

meetings of the Board of Governors without having a right to vote,

provided that he shall withdraw from each meeting where matters

concerning him personally are discussed.

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

persons having competence or experience in the education sector,

vocational training, the tourism industry, entrepreneurship, tourism

policy or macro level tourism planning, and who, in the opinion of

the Minister concerned, possess leadership qualities, and have an

understanding of the importance of tourism studies within the

context of general socio-economic development

Provided that the Minister concerned shall nominate as

members of the Board of Governors such persons to represent the

interests of any of the branches of the Institute, as may be required.

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

removed from office by the Minister who appointed him on the

grounds of inability to perform the functions of his office as

required, either because of mental disorder 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 of Governors may resign from his

office through a letter addressed to both Ministers concerned. If

any member tenders his resignation or is removed from his office

by the Minister who appointed him or should the office of any

member become in any manner vacant, the Minister concerned 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

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and such person shall be eligible to be reappointed.

(7) 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 of Governors plus one.

(8) Subject to the provisions of this Act, the Board of

Governors may appoint committees and generally regulate its own

procedures.

(9) The Board of Governors shall appoint a Secretary to keep

minutes and a record of the meetings and of its decisions.

(10) The Board of Governors shall meet at least once every two

(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 entities that may be concerned.

(1) The Board of Governors shall have the duty of

performing the objectives and to exercise the powers of the

Institute as provided in this Act, and shall in particular have the

following functions

(a) to develop the direction, strategy and image of the

Institute and any of its branches, including the

adoption of periodic development plans for the

Institute and its branches;

(b) to acquire, administer and control the resources,

facilities and property, both movable and immovable,

of the Institute, including the procurement and

utilisation of resources for the running of the Institute

and any of its branches;

(c) to distribute between the departments and any

branches within the Institute, as the case may be, the

resources available to the Institute by way of funds and

by way of premises, facilities, services, equipment and

persons;

(d) to liaise with the tourism industry and other

organisations in its endeavour to constantly monitor

and develop learners’ needs;

(e) to assist and advise the Chief Executive Officer in

achieving a level of excellence in the standards of the

Institute’s courses and programmes in order to

empower the Institute’s graduates to succeed in

commanding challenging and rewarding careers in the

tourism industry;

(f) to assist the Chief Executive Officer in ensuring that

the Institute adheres to the requirements of the

National Commission for Higher Education and the

Malta Qualifications Council, as provided in this Act

or any regulation made thereunder and to national

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policies and strategies in education or tourism as

adopted by Government from time to time;

(g) subject to the provisions of article 7, to establish

courses, programmes, departments, specialised

centres, libraries, practical work stations, offices and

other structures within the Institute for fulfilment of

the mission of the Institute

Provided that the courses, programmes and

departments may only be established by the Board of

Governors following consultation with the Board of

Studies;

(h) with the approval of the Minister, to constitute

campuses of the Institute in Malta, Gozo and abroad;

(i) to determine, in accordance with the requirements of

the Malta Qualifications Framework, the conditions

for admission into a programme or course provided by

the Institute;

(j) to provide appropriate procedures for the assessment

and certification of learners;

(k) to supervise the expenditure and the administration of

the Institute at all levels and to approve the annual

budget proposals to be submitted to the Minister

within a given time;

(l) to appoint the Chief Executive Officer, and on his

advice, also appoint all other principal officers of the

Institute;

(m) to set up, and abolish, any post of an academic or other

nature and make appointments thereto;

(n) to issue guidelines and establish procedures

concerning the performance and the conduct of

students, teachers and other persons entrusted with

rendering any service at the Institute, whether engaged

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

a contract for service, or if seconded or on loan to the

Institute by government, public or private entities;

(o) to issue guidelines to establish rules relating to any

programme or course provided by the Institute;

(p) to issue any other guidelines, rules and procedures as

provided in this Act or in any regulations made

thereunder;

(q) to appoint Maltese or foreign examiners according to

pre-established guidelines and procedures, and to

ensure that payment is effected for their service;

(r) to ensure that proper academic and training levels are

retained and improved upon;

(s) to establish internal quality assurance schemes as

required by this Act or by any regulation made

thereunder and required auditing procedures for the

operations of the Institute;

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(t)

to endeavour to undertake relevant projects of a cross-

border nature and to enter into such agreements as

appear to it necessary with public or private entities

related to tourism or tourism education and with

learning institutions in Malta and overseas for the

fulfilment of the mission of the Institute;

(u) through the Ministry responsible for tourism in

cooperation with, where necessary, the Ministry

responsible for education, to publicise and promote the

Institute’s policies, plans, courses, programmes and

operations in a manner which establishes the Institute

and its branches as a vital element of the Malta tourism

infrastructure;

(v) to establish ancillary activities related to tourism with

the direct purpose of enhancing the learning

experience of learners and to work actively towards

the expansion of the commercial aspects and the

international dimension of the Institute;

(w) to set up within the Institute, as and when appropriate,

a residence conducive to the mission of the Institute

including within it any of the services provided by the

Institute to the public;

(x) to perform any other function which it may deem

necessary to execute the powers and functions of the

Institute which are not, by means of this Act, vested in

another governing body of the Institute; and

(z) to undertake any other function assigned to it by the

Minister from time to time.

(2) The Board of Governors shall also approve the curricula

and the syllabi submitted by the Board of Studies and, where it

deems it so necessary, to revert the same to such Board of Studies

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 related to tourism.

(4) The Board of Governors shall ensure that the awards of the

Institute are recognised both at a national and at an international

level, and that, wherever applicable, are related to the standards

established in the Malta Qualifications Framework.

The Board of Studies shall be constituted of the following

(a) the Director of Studies, ex officio;

(b) the academic departments within the academic

structure;

(c) the Registrar, ex officio;

(d) one member elected by and from among the academic

staff;

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(e) one member elected by the students’ council; and

(f) two members from among the members of the Board

of Governors.

(1) The Board of Studies shall be responsible for the

general direction of the provision of programmes and courses of the

Institute, and shall have the following functions

(a) to propose to the Board of Governors the programmes

and courses to be provided by the Institute, following

consultation with interested stakeholders regarding the

curriculum of such programmes and courses;

(b) to propose to the Board of Governors guidelines

regarding programmes and courses provided by the

Institute, documentation and examinations at the

Institute and to establish such awards and distinctions

for such candidates satisfying the applicable

conditions on completion of the programmes and

courses;

(c) to decide about the persons to whom the awards and

other distinctions shall be awarded;

(d) to verify that the assessment procedures used by the

Institute are in conformity with the approved academic

policies of the Institute;

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

any regulations made thereunder, the entry conditions

to programmes and courses of the Institute;

(f) to nominate Maltese or foreign examiners according to

pre-established guidelines and procedures to the Board

of Governors for its approval;

(g) to recognise, following a recommendation by the

competent authorities according to the Act, such

qualifications, awards and distinctions of other

education providers for the purpose of access into a

programme or course of the Institute;

(h) to advise to the Board of Governors on any matter

related to learning in relation to tourism; and

(i) to deal about any other matter which refers to

education and training and as may arise in the

administration of the Institute.

(2) The Board of Studies 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.

(3) The Board of Studies may act notwithstanding any vacancy

in its membership and the quorum shall be computed as if there was

no such vacancy.

(1) Any question proposed for decision at any meeting of

any governing body of the Institute 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

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presiding shall have and exercise a casting vote.

(2) Unless otherwise provided in this Act, persons holding

office on a governing body not ex officio shall hold that office for a

period of two years

Provided that such persons shall continue so to hold office,

despite the expiry of their term, until the election or appointment of

another person to substitute that person.

There shall be an Executive Management Office of the

Institute which shall be constituted of the following persons ex

officio

(a) the Chief Executive Officer who presides

the

Executive Management Office;

(b) the Director of Corporate Services; and

(c) the Director of Studies.

(1) Without prejudice to the functions and responsibilities

of the members of the Executive Management Office as provided in

this Act, the Executive Management Office shall operate under the

direction of the Chief Executive Officer and shall have the

following functions

(a) upon consultation with the Board of Studies, to

develop and propose periodically to the Board of

Governors the development plan of the Institute;

(b) to ensure proper dialogue and communication within

the Institute;

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

adopted by the Board of Governors and by the Board

of Studies are implemented;

(d) to ensure co-ordination and the effective and efficient

functioning of the structures, departments, centres,

officers and employees of the Institute;

(e) to ensure that all necessary measures are applied,

including disciplinary procedures and the auditing and

quality assurance processes of all operations within the

Institute; and

(f) any other function as may be assigned to the Executive

Management Office by the Chief Executive Officer.

(2) The Executive Management Office shall hold minuted

meetings on a regular basis as directed by the Board of Governors

in accordance with the daily requirements of the Institute.

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

the Institute and shall be responsible for ensuring that the Institute

complies with this Act.

(2) The Board of Governors shall issue guidelines and

procedures of the governing bodies of the Institute and may revert

as many times as necessary to any governing body such guidelines

and procedures which in its opinion are not in terms of the law.

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(3) The Board of Governors shall whenever they deem it

necessary, have the power to convene and preside the Board of

Studies and the Executive Management Office.

(4) The Board of Governors shall confer awards and

distinctions of the Institute.

(1) Without prejudice to the powers vested in the

governing bodies of the Institute by this Act, the Chief Executive

Officer shall, subject to the direction of the Board of Governors, be

responsible for the daily administration of the Institute and shall be

vested with the legal representation of the Institute and any of its

branches in Malta and Gozo.

(2) The Chief Executive Officer shall be appointed to hold

office for a term not exceeding three years

Provided that the Chief Executive Officer shall be eligible

for reappointment for further periods each of not more than three

years.

(3) The Chief Executive Officer shall exercise authority over

the academic staff, examiners, learners, examination candidates,

employees and whosoever is entrusted with rendering any service

to the Institute, and he shall enforce discipline and the strict

observance of this Act and the provisions of any regulations made

thereunder and of the guidelines and procedures of the Institute.

(4) The Chief Executive Officer shall not hold any other office

or position or carry on any business activity without prior approval

in writing from the Minister.

(5) The Chief Executive Officer shall be responsible for

ensuring the execution of the policies and decisions of the

governing bodies of the Institute.

(6) The Chief Executive Officer shall have the power to

summon the Board of Studies and the Executive Management

Office.

(7) The Chief Executive Officer shall ensure that the governing

bodies are regularly constituted and that their work is planned and

coordinated, ensuring that they meet regularly as established by

this Act and that the decisions of the governing bodies of the

Institute are executed.

(8) The Chief Executive Officer shall provide for the

organisation of such elections required by this Act, including that

they actually be held in the manner provided and without undue

delay.

(9) The Chief Executive Officer shall ensure that the operations

of the Institute shall follow a performance agreement of the

Institute which is to be agreed to between the Permanent Secretary

and the Institute and, for this purpose, article 30 of the Public

Administration Act shall mutatis mutandis apply.

(10) The Chief Executive Officer shall give effect, as soon as

practicable, to any written request, not inconsistent with any

provision of this Act, which the Minister may make, in relation to

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the policy to be followed by him in the discharge of his functions,

and in relation to any matter which appears to the Minister to affect

the Institute and any of its branches.

(11) The Chief Executive Officer shall provide the Board with

regular reports on the performance and finances of the Institute.

(12) The functions of the Chief Executive Officer shall include

the overall responsibility for all aspects of the Institute and any of

the branches of the Institute in Malta or Gozo.

(13) Without prejudice to the provisions of this Act, the Chief

Executive Officer shall undertake any other function as directed by

the Board of Governors.

Appointment of all staff with formal and regular duties

shall be made by the Chief Executive Officer and the Board of

Governors shall be kept aware of any new recruit.

The proper official dress which the principal officers of the

Institute, academic staff, employees, graduates, learners and other

members of the Institute are expected to wear on official occasions

shall be provided in guidelines issued by the Board of Governors.

(1) Awards shall be granted 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 an award of the Institute

only after certification by the Chief Executive Officer that all the

conditions provided by the relevant guidelines of the Institute have

been fulfilled, and insofar as all other obligations and

responsibilities of the candidate towards the Institute have also

been satisfied.

(3) No person may be considered as holding an award of the

Institute unless such award has been conferred as prescribed in sub-

article (1).

(1) The Institute shall establish, in the manner required in

article 10, and by means of guidelines adopted by the Board of

Governors, such branches of the Institute in Malta, Gozo or

overseas, with such departments as it may deem necessary.

(2) The Board of Governors shall appoint a Branch Manager

for each of its branches in Malta or Gozo. The Branch Manager

shall be responsible for the administration of the branch to which

he is assigned, shall be answerable to the Chief Executive Officer

with respect to the execution of his functions and shall report to the

Chief Executive Officer as may be required by the Chief Executive

Officer.

(3) The Institute’s branches in Malta and Gozo shall be

governed by the Board of Governors established in accordance with

article 9. The Board of Governors shall involve, as and where

necessary, the Branch Managers in the manner provided in article

9(3), mutatis mutandis.

(4)

The Institute shall ensure that the financing, planning,

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education and training provision, staff appointments and salaries

and any relevant fees of the branches shall be integrated within one

overarching system applicable to the Institute.

(5) The guidelines referred to in sub-article (1) shall establish,

in accordance with this Act, the manner in which the relations

between the respective branch and the Institute shall take place, in

particular with respect to the development of programmes and

courses, the awards given by branches, the external relations of the

branches, appointments of staff in the branches and any other

matter that falls under the responsibility of the Board of Governors

and the Director in relation to the Institute.

(6) The Board of Governors shall make such arrangements for

any of the Institute’s branches overseas which may, with the

approval of the Minister, be exempt from the requirements of sub-

articles (2) to (5) insofar as such branch serves to fulfil the mission

of the Institute as provided in this Act.

(1) Where a member of any of the governing bodies of the

Institute, a member of staff of the Institute, or any person in any

other manner engaged to provide educational or other services to

the Institute, has any interest in, or material to, any matter which

falls to be considered by any of the Institute’s governing bodies, he

shall -

(a) disclose to the governing body, as the case may be, the

nature of his interest at the first meeting of the

governing body after such interest is acquired or in

advance of any consideration of the matter, which ever

is the earlier;

(b) take no part in any consideration of such matter and

neither influence nor seek to influence a decision in

relation to such matter;

(c) if he is a member of a governing body of the Institute,

withdraw from the meeting of such governing body for

so long as the matter is being discussed or considered

and shall not vote or otherwise act in such capacity in

relation to the matter.

(2) Where a question arises as to whether or not a certain

course of conduct, if adopted and pursued by a person, would be a

failure by him to comply with the requirements of sub-article (1),

the question shall be determined by the Board of Governors and the

decision and its motivation shall be recorded in the minutes of the

meeting where the decision was taken.

(3) Where a disclosure is made to a governing body pursuant to

sub-article (1), particulars of the disclosure shall be recorded in the

minutes of the relative meeting.

(4) Where a person referred to in this article fails to make the

required disclosure, the Board of Governors shall decide the

appropriate action (including removal from office or termination of

contract) to be taken.

(5)

Where a person having an interest referred to in sub-article

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(1) is a voting member of the Board of Governors, such matters as

are revealed in accordance with this article 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 of Governors.

(1) Save as otherwise provided by this Act or any other

law, a person shall not, except where necessary for the proper

performance of his functions, without the consent of the Board of

Governors, disclose to any person any non-public information

obtained while performing, or as a result of having performed,

duties as a member of any of the governing bodies of the Institute

or as a member of staff of the Institute or as a person in any other

manner engaged to provide educational or other services to the

(2) Nothing in sub-article (1) shall prevent disclosure to the

Minister of information in a report made by or to the Institute or on

behalf of the Institute.

PART IV

Officers and Staff

(1) Articles 113 to 115 of the Education Act shall apply to

the Institute in relation to staff appointments

Provided that, for the purpose of this Act

(a) any reference to the Prime Minister in article 114 of

the Education Act shall be construed as reference to

the Principal Permanent Secretary, following the

direction of the Prime Minister;

(b) in assessing the pensionable emoluments of any officer

detailed for duty with the Institute as provided in

article 114 of the Education Act, for the purposes of

any pension entitlement under the Pensions Ordinance

and the Widows’ and Orphans’ Pensions Act, no

account shall be taken of any allowances, bonuses or

gratuities paid to such officer by the Institute in excess

of what he is entitled to as a public officer; and

(c) during the time in respect of which any officer is

detailed to perform duties with the Institute as

provided in the previous paragraph, his terms and

conditions of service shall not be less favourable than

those which are attached to his appointment with the

Government during the period aforesaid. Such terms

and conditions shall not be deemed to be less

favourable because they are not in all respects

identical or superior to those enjoyed by the officer

concerned at the date of such detailing, if in the

opinion of the Prime Minister such terms and

conditions, taken as a whole, offer substantially

equivalent or greater benefits.

(2)

(a) Posts and salary scales with the Institute shall be

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classified in an exercise carried out by a board

composed of a chairperson appointed by the Minister

responsible for finance and two other members, one

appointed by the Minister responsible for personnel

policies in general in the public service and one

appointed by the Board of Governors. The

classification shall be subject to the final approval of

the Minister responsible for finance.

(b) Such classification shall take place within six months

from the date of the coming into force of this Act.

(c) Without prejudice to article 113 of the Constitution, no

person may, following a classification as aforesaid, be

entitled to rights under the Pensions Ordinance less

favourable than those to which he would have been

entitled prior to such classification.

PART V

Miscellaneous

(1) Articles 116 to 124 of the Education Act shall apply to

the Institute in relation to the financial matters of the Institute.

(2) The Institute shall be governed by the provisions of the

Public Finance Management Act, unless otherwise stated in the

Institute’s performance agreement entered into by the Permanent

Secretary and the Institute in terms of Article 17(9), in which case

the provisions of the said performance agreement shall prevail.

(1) For the purposes of this Act, a student who is

(a)

a citizen of another Member State of the European

Union who is entitled to equal treatment to Maltese

citizens by virtue of EU legislation and treaty

provisions dealing with free movement of workers; or

(b) a citizen of any other country who is entitled to equal

treatment to Maltese citizens in matters related to

employment by virtue of the application to that

country of EU legislation and treaty provisions dealing

with the free movement of workers; or

(c) any other person who is entitled to equal treatment to

Maltese citizens in terms of the law, and, or EU

legislation and, or treaty provisions referred to in

paragraphs (a) and (b), as the case may be, on account

of his family relationship with persons mentioned in

paragraphs (a) or (b); or

(d)

a third country national who has been granted long

term resident status in Malta under regulation 4 of the

Status of Long-Term Residents (Third Country

Nationals) Regulations, or who has been granted a

residence permit under regulation 18(3) thereof; as

well as family members of such third country national,

as defined in regulation 15(1) of the Status of Long-

Term Residents (Third Country Nationals) Regulations

and in regulation 4 of the Family Reunification

INSTITUTE OF TOURISM STUDIES

Regulations, when such family members have been

granted a residence permit under the Family

Reunification Regulations, shall be entitled to pay the

same fees as EU/EEA students.

(2)

The Minister, upon being so advised by the Board of

Governors, may by regulations prescribe the fees to be charged for

examinations and special courses and programmes outside regular

hours and the fees to be paid by students

Provided that the Minister may exempt any person from the

payment of those fees.

(3) The Minister may determine rates of maintenance grants or

stipends payable to students within the Institute and may impose

conditions for the payment of such.

(1) Article 134 of the Education Act shall apply to the

Institute’s relations with the Minister

Provided that any reference to the Minister in the said

article shall, for the purposes of this article, mean the Minister

responsible for tourism.

(2) The Institute shall afford to the Minister facilities for

obtaining any information with respect to the property and

activities of the Institute, and for this purpose the Chief Executive

Officer shall furnish the Minister with returns, accounts and other

information with respect thereto, and shall afford to him facilities

for the verification of any information furnished, in such manner

and at such times as the Minister may reasonably require.

(3) Save as otherwise provided in the Act or in regulations

made thereunder, the Institute shall be under the general direction

of the Minister and, subject to such direction, under the supervision

of the Permanent Secretary.

(4) The Minister may, in relation to matters that appear to him

to affect the public interest, from time to time give to the Institute

directions in writing of a general character not inconsistent with the

provisions of this Act, on the policy to be followed by the Institute

in the carrying out of its functions, under this Act, and the Institute

shall, as soon as possible, give effect to all such directions.

(5) Any guidelines issued by the Institute as provided in this

Act require approval by the Minister for them to have effect.

(6) Save as otherwise provided in this Act, article 28 of the

Public Administration Act shall, mutatis mutandis, apply to the

Institute.

(7) The Minister may establish an Advisory Board to assist the

Director in the manner provided under article 32 of the Public

Administration Act;

(8) The Minister may, by virtue of this Act, make regulations

governing the functions and duties of any board, committee or body

established under this Act;

(9) The Minister may, subject to the provisions of this Act,

make regulations to give effect to any of the provisions of this Act,

INSTITUTE OF TOURISM STUDIES

or to regulate or otherwise provide about any matter in respect of

the functions and the activities which affect the Institute in

accordance with this Act.

(1) The property and undertakings owned by the

Government and used by it immediately before the date of the

coming into force of this Act, where used by it for the operation of

any of the functions vested in the Institute by virtue of this Act

shall, on the date aforesaid, by virtue of this Act and without

further assurance, be transferred to and be vested in the Institute

under the same title by which they were held by the Government

immediately before the said date. The provisions of this article

shall not apply to immovable property.

(2) The use and administration of the immovable assets from

time to time specified in an order made by the President of Malta

and published in the Gazette (hereinafter referred to as "the

immovable assets") being immovable assets which, immediately

before the coming into force of this Act, were owned by the

Government and used by it for the exercise of any of the functions

which by this Act are being transferred to or vested in the Institute,

shall, with effect from such day as may be specified in any such

Order and by virtue of this Act and without any further assurance,

be transferred to and vested in the Institute under the same title by

which they were held by the Government before such day.

(3) The transfer and vesting aforesaid shall extend to the whole

of such property and undertakings and, without prejudice to the

generality aforesaid, shall include all plant, equipment, apparatus,

instruments, vehicles, craft, buildings, structures, installations,

land, roads, works, stocks and other property movable or

immovable, assets, powers, rights and privileges and all things

necessary or ancillary thereto which are held or enjoyed in

connection therewith or appertaining thereto, as well as all

obligations affecting or relating to any of the aforesaid property or

undertakings or other things included therein as aforesaid.

(4) Any transfer of property, whether movable or immovable,

shall be subject to all those terms and conditions that the President

of Malta, in consultation with the Minister, may deem necessary to

ensure that such property is exclusively used for the purposes of the

functions of the Institute or purposes ancillary thereto.

Subject to the provisions of this Act, all laws, rules,

regulations, orders, judgements, decrees, awards, deeds, bonds,

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Act affecting or relating to any of the properties or

undertakings transferred to the Institute by or under this Act shall

have full force and effect against or in favour of the Institute, and

shall be enforceable freely and effectually, as if the Institute of

Tourism Studies had been named therein or been a party thereto,

instead of the Government or governmental authority that had been

named therein or had been a party thereto, and otherwise in

substitution of the Government or governmental authority.

INSTITUTE OF TOURISM STUDIES

(1) When anything has been commenced by or under the

authority of the Government prior to the date of the coming into

force of this Act, and such thing relates to any of the properties or

undertakings or any right or liability transferred to the Institute by

or under this Act, such thing may be carried on and completed by or

as authorised by the Institute.

(2) Where, immediately before the coming into force of this

Act, any legal proceedings are pending to which the Government is

or is entitled to be a party, and such proceedings are related to any

of the properties or undertakings, or any right or liability

transferred by or under this Act, the Institute shall, as from the date

aforesaid, be substituted in such proceedings for the Government,

or shall be made a party thereto in like manner as the Government

could have become substituted, and such proceedings shall not

abate by reason of such substitution.

(3) The Minister may, by order, make such incidental,

consequential and supplemental provisions as he may deem

necessary or expedient for the purpose of determining, as

appropriate, the assets transferred to the Institute by this Act and

securing and giving full effect to the transfer of any property or

undertaking or any right or liability to the Institute by this Act and

make such orders as may be necessary to make any powers and

duties exercisable by the Government in relation to any of the

transferred property or undertakings exercisable by or on behalf of

the Institute.