FURTHER AND HIGHER EDUCATION ACT

CHAPTER 607

FURTHER AND HIGHER EDUCATION ACT

AN ACT to establish the Malta Authority for Further and Higher Education

which Authority shall regulate further and higher educational institutions and

education providers.

1st January, 2021 *†

ACT II of 2020 , as amended by Act XXXIX of 2023.

The short title of this Act is the Further and Higher

Education Act.

In this Act unless the contents otherwise requires

"accreditation" means the formal approval by the competent

authority established under this Act or any regulations made

thereunder, that the operation of a further or higher education

provider, or that an educational programme pegged against levels

within the Malta Qualifications Framework, meets quality standards;

"Authority" means the Malta Further and Higher Education

Authority established by this Act;

"award" means an accredited programme of studies awarded as

such and pegged to the Malta Qualifications Framework;

"certificate" means the confirmation of a completion of a

programme or learning outcome including formal, informal and non-

formal;

"financial year" means the period of twelve (12) 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

(31) December of the following year;

"formal learning" means learning that occurs in an organised

and structured context and is explicitly designated as learning in terms

of objectives and outcomes, time or learning support. Formal learning

is intentional from the learner’s point of view and leads to formal

certification;

"function" includes any responsibility, power and duty;

*All provisions are in force excluding article 17, see Legal Notice 32 of 2021.

†Article 17 came in force with Legal Notice 63 of 2024.

"further education" means all non-compulsory formal learning

which serves to obtain a national qualification classified up to and

including level 4 of the Malta Qualifications Framework, or a foreign

qualification at a comparable level;

"Government" means the Government of Malta;

"higher education" means all non-compulsory formal learning

or research which serves to obtain a national qualification classified at

level 5 or higher of the Malta Qualifications Framework, or a foreign

qualification at a comparable level;

"informal learning" means learning resulting from daily

activities related to work, family or leisure and which is not organised

or structured in terms of objectives, time or learning support. Informal

learning is in most cases unintentional from the learner’s perspective;

"learning" includes education and training;

"licence" means a licence issued to a provider in accordance

with the provisions of this Act or any regulations made thereunder,

authorising a provider to provide further or higher education in Malta;

"licence holder" means the person in whose name a licence is

issued under this Act;

"licensing" means the process in accordance with the

provisions of this Act or any regulations made under this Act for the

licensing and periodic reporting required from providers to establish

themselves or to attain or maintain a specific status, or to confer

national qualifications or foreign qualifications at a comparable level;

"lifelong learning" includes all kinds of learning activities that

an individual undertakes throughout life, with the aim of acquiring

certification and improving attitudes, values, knowledge, skills and

competences, and acquiring qualifications that enhance an

individual’s personal and social dimension as well as the prospects of

a better career;

"Malta Qualifications Framework" means the national

framework for lifelong learning, being the national instrument for the

development and classification of awards and qualifications according

to a set of criteria, established through descriptors and applicable to a

different set of levels, as provided by this Act or any regulations made

under this Act;

"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 this

Act, and "Ministry" shall be construed accordingly;

"non-formal learning" means learning embedded in a planned

activity organised outside the formal educational system, which

activity is not explicitly designed as learning but which contains an

important learning component;

"prescribed" means prescribed by regulations made under this

Act;

"programme" means any course of study accredited by the

Authority which serves to obtain an award or a qualification classified

within the Malta Qualifications Framework or to a foreign recognised

and comparable qualifications framework;

"programme accreditation" means the formal approval of the

Authority in accordance with this Act, of the status, legitimacy and

appropriateness of a programme;

"provider" means any individual or body corporate licensed by

the Authority to provide education services in or from Malta;

"provision" means the act of providing further or higher

education in or from Malta, and includes full-time and part-time,

formal and informal taught, research or vocationally-oriented

programmes, distance learning, e-learning, partnerships with other

providers or business entities, sub-contracting of services, franchising

and offshore activities of a provider;

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

124 of the Constitution;

"qualification" means an accredited programme of studies

awarded as such and pegged to the Malta Qualifications Framework;

"quality assurance" refers to one or more processes which

(a)

safeguard the quality of further and higher

education within the economic, social and cultural context, on a

national, European and international level; and

(b)

enhance and ensure the use of approved measures

as a means of improving the quality of institutional governance

and the students’ well-being, teaching, learning, training and

research towards a holistic quality educational experience;

"quality assurance audit" means that it shall include an external

evaluation process of the internal quality assurance mechanisms

adopted by a provider and the provider’s adherence to any of his

obligations of licensing, accreditation and other requirements set forth

by the Authority in order to continuously monitor and improve the

operation of a provider or of a programme;

"recognition" means any formal acknowledgment by the Malta

Qualifications Recognition Information Centre, established under

article 6 of the Mutual Recognition of Qualifications Act, or by any

other European Network of Information Centre or National Academic

Recognition Information Centre (ENIC-NARIC) of the accreditation

status and academic level of an academic qualification.

(1)

The National Commission for Further and Higher

Education established by means of the Education Act is being re-

established and incorporated in this Act as the Malta Further and

Higher Education Authority, hereinafter referred to as "the Authority",

to seek to promote and develop further and higher education in Malta

by means of regulation and by the promotion of best practices, and the

Authority shall assume all the assets and liabilities, rights and

obligations previously vested in the National Commission for Further

and Higher Education.

(2) The Authority shall endeavour to achieve the following

objectives and policies

(a)

licence and regulate further and higher education

providers in Malta;

(b)

promote and uphold quality education; and

(c)

advise the Government on any matter which is

connected with further and higher education.

(3) The Authority shall generally regulate, guide, evaluate,

verify, research and report on the various elements, including the

experience and the outcomes or results of the education system with

the aim of assuring quality education for all and in order to promote

good practices in all activities related to further and higher education.

In particular the Authority shall

(a)

accredit

education

providers,

and

their

programmes;

(b)

act as the competent authority for granting of a

licence to further and higher educational entities accredited by

the Quality Assurance Committee established by virtue of

article 17, and, or by any other agency registered with the

European Quality Assurance Register for Higher Education

and, or by any other agency as may be prescribed, provided that

such agency has, in its accreditation, adhered to the Standards

and Guidelines for Quality Assurance in the European Higher

Education Area;

(c)

renew, refuse, suspend or revoke licences, and

establish the conditions under which a licence may be granted,

renewed, refused, suspended or revoked and the fees which

may be payable in each case;

(d)

validate any learning provided in an informal or

non-formal manner and classify the evaluation at a level in

accordance with the Malta Qualifications Framework;

(e)

prescribe the fees to be paid in respect of the

issue, validation, renewal, extension or variation of any

certificate, licence, statement, external quality audit or other

document or the undergoing of any examination or test required

by this Act or any regulations, directive or order made

thereunder and in respect of any other matters in respect of

which it appears to the Authority to be expedient for the

purpose of the Act, regulations, directive or order to charge

fees;

(f)

regulate the manner and conditions for the issue,

validation, renewal, extension or variation of any certificate,

licence or other document required by this Act or any

regulations, directive or order made thereunder, and as to the

form, custody, production, cancellation, suspension,

endorsement and surrender of any such document;

(g)

appoint its officers or employees to supervise the

implementation of and, where necessary, to enforce this Act or

any regulations made thereunder or deemed to be made

thereunder or other laws relating to education;

(h)

review qualifications for the purposes of

recognition and pegging to the Malta Qualifications

Framework;

(i)

request information for the purpose of research

and statistics;

(j)

compile and keep up-to-date records of such data

as it may deem appropriate in connection with its functions;

(k)

by means of regulations, establish and impose

tariffs, fees and administrative penalties;

(l)

prohibit, control and regulate the presence of any

persons in determined establishments on grounds of safety and

security;

(m)

carry out or give effect to any international treaty

or other international agreements relating to education to which

the Government is or intends to become a party; and

(n)

carry on such business and other activities, do all

such things and enter into all such transactions as appear to the

Authority to be necessary, convenient or advantageous for it to

carry on or perform or enter into, for or in connection with the

discharge of its functions, or as appear to the Authority to be

incidental or conducive thereto.

The Authority shall, for the purpose of the proper

implementation and enforcement of its obligations under this Act,

have the power to enter and search any educational premises, to have

access to any relevant document in any form, to require any person to

supply any relevant information, to carry an on-site inspection, to

issue an order to any person to cease from doing anything which

constitutes an infringement of this Act or of any regulation or order

made thereunder and to demand from any person a commitment to

desist from doing any such thing and to publish any decision of the

Authority related to the said provisions of this Act, regulations or

orders.

(1)

Without prejudice to the generality of the power

conferred in article 4, this article and the data protection provisions

established by virtue of Regulation (EU) 2016/679 (the General Data

Protection Regulation) and the Data Protection Act, the Authority

shall have access to all pertinent information available to educational

institutions and it shall have the right to request all data it may require

to perform its functions both from public and private providers and

this data shall be transmitted to it within a reasonable time from when

it was requested.

(2) The Authority shall have access to statistics and to

opportune economic and social data, as required, so that the Authority

may be able to perform its functions in accordance with this Act.

(1)

The Authority shall be a body corporate having a

distinct legal personality and shall be capable 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 or any other Act.

(2) The legal and judicial representation of the Authority

shall vest in the Chairperson, provided that the Authority may appoint

any one (1) or more of its members or any one (1) or more of its

officers or employees, to appear in its name and on its behalf in any

judicial proceedings and on any act, contract, agreement or other

document whatsoever.

(3) Public officers deployed with the Authority shall be

deemed to be detailed with the Authority in accordance with the

provisions of article 33 of the Public Administration Act.

(1)

Subject to the other provisions of this Act, the

affairs and business of the Authority shall be the responsibility of the

Board of the Authority, hereinafter referred to as "the Board", but,

save as aforesaid, the executive conduct of the Board’s affairs and

business, the Authority’s administration and organisation and the

administrative control of its officers and employees, shall be the

responsibility of the Chief Executive Officer of the Authority, who

shall also have such other powers as may from time to time be

delegated to him by the Board.

(2) The Authority may exercise any of its functions or

responsibilities either directly or through any of its officers or

employees authorised by the Board for the purpose, or through a

contractor or other person with whom agreement for the performance

of any one (1) or more of such functions or responsibilities has been

entered into.

(1)

The Board shall be composed of not less than six

(6) members and not more than nine (9) members who shall be

appointed by the Prime Minister.

(2)

The Board shall be composed of the following members

(a)

up to six (6) persons who possess leadership

qualities, and have an understanding of further and higher

education within the context of the general socio-economic

development, nominated by the Minister;

(b)

one (1) person representing persons with

disability nominated by the Commission for the Rights of

Persons with Disability;

(c)

the Chairperson of the Quality Assurance

Committee referred to referred to in article 17; and

(d)

a student following a full programme of studies

at MQF Level 7 or higher.

(3) The Prime Minister shall nominate a Chairperson and a

Deputy Chairperson from amongst the members of the Board. In the

case where the Chairperson is abroad or for any other reason, for a

temporary period, is unable to perform his functions, the Deputy

Chairperson shall act as Chairperson and shall perform the powers and

functions of the Chairperson. This also applies in the case of a

resignation or removal of the Chairperson, until a new Chairperson is

appointed.

(4) The Board shall appoint a Secretary to keep minutes and

a record of the meetings and of its decisions. The secretary shall not be

a member of the Board.

A person shall not be qualified to be appointed or hold

office as member of the Board 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

(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 his

functions as a member of the Board.

Any member of the Board who has any direct or indirect

interest in any matter or situation being considered by the Board, not

being an interest which disqualifies such member from remaining a

member, shall disclose the nature of his interest at the first meeting of

the Board after the relevant facts have come to his knowledge. Such

disclosure shall then be recorded in the minutes of the meeting, and

the member having an interest as aforesaid shall withdraw from any

meetings at which such matter or situation is discussed. Any such

disclosure shall be communicated to the Prime Minister without delay.

Where, in the opinion of the Prime Minister, the interest of the

member is such as to disqualify him from remaining a member, the

Prime Minister may terminate his appointment as a member of the

Board.

(1)

Every member of the Board shall hold office for

a term of three (3) years and may be re-appointed at the end of his

term of office.

(2) Subject to the provisions of this article, the office of

member of the Board 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 be a member of the Board, such person would be

disqualified from being appointed as such.

(3)

A member of the Board may at any time be removed or

suspended from office by the Prime Minister after a recommendation

by the Authority 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.

(4) A member of the Board 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 Board become in

any manner vacant, the Prime Minister may, after nomination by the

relevant sector, 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.

(5) Any absence or vacancy among the members of the

Board, or any participation in its meetings by any person who is not

entitled to such participation, shall not invalidate the proceedings 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.

(1)

The meetings of the Board shall be called by the

Chairperson as often as may be necessary but at least once every

month either on his own initiative or at the request of any two (2) of

the other members.

(2) The quorum for meetings of the Board shall be half the

number of its members plus one, one of whom shall be the

Chairperson or the Deputy Chairperson.

(3) Decisions of the Board shall be taken by a majority of the

votes of the members present. In the case of parity of votes cast, the

Chairperson shall also have a casting vote.

(4) Subject to the provisions of this Act and of any

regulations made thereunder, the Board shall, in general, regulate its

own proceedings.

(5) The Board shall establish procedures for the proceedings

of meetings of the Committee established under article 17.

(6) Subject to the provisions of this Act and of any

regulations made thereunder, the Board may appoint committees or

working groups as it deems appropriate in order to better discharge its

functions.

(7) The Authority 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.

(1)

The Authority shall, through a public call,

appoint a Chief Executive Officer under such terms and conditions as

the Authority may establish. The Chief Executive Officer shall act in

accordance with such policies as established by the Authority and

such instructions as may be given to him by the Authority. The Chief

Executive Officer shall be responsible for the day-to-day running of

the Authority and shall report to the Board on such matters whenever

requested.

(2) The Authority may also appoint any such officers and

employees as necessary in order to perform its functions and duties

under this Act.

(3) The engagement and the termination of the engagement

of the officers and employees of the Authority shall be the

responsibility of the Authority.

(4) The Chief Executive Officer shall report to the

Chairperson and to the Board and attend the Board’s meetings as a

non-voting member.

The Authority shall have such regulatory officers and

other officers as are necessary for the execution of its functions for the

general implementation of this Act or of any regulations made

thereunder.

Without prejudice to the other provisions of this Act, the

appointment of officers and other employees of the Authority shall be

made by the Authority in accordance with relevant legislation and

directives. The terms and conditions of employment shall be

established by the Authority.

The Prime Minister may, at the request of the Authority,

from time to time direct that any public officer shall be detailed for

duty with the Authority in such capacity and with effect from such

date as may be specified in the Prime Minister’s direction.

(1)

Without prejudice to anything that may be

provided for in this Act, there shall be a Quality Assurance

Committee, hereinafter referred to as "the Committee", which shall be

independent and autonomous in its decisions and shall be responsible

for quality assurance audits for further and higher educational

institutions.

(2) Decisions taken by the Committee are to be

communicated to the Board which shall take the decision relating to

licensing on the basis of the audits carried out by the Committee.

(3)

The Committee shall be appointed by the Board after a

public call, where the selection committee shall be made up from the

Chairperson of the Board, the Chief Executive Officer, or a

representative appointed by him, and the person responsible for the

Quality and Standards within the Authority. The Committee shall be

made up of the following members

(a)

one (1) person in possession of a qualification at

MQF Level 8 in the Arts sector who shall be appointed for a

maximum period of three (3) years;

(b)

one (1) person in possession of a qualification at

MQF Level 8 in the Science sector who shall be appointed for a

maximum period of three (3) years;

(c)

one (1) person in possession of a qualification at

MQF Level 8 in the Vocational Education sector who shall be

appointed for a maximum period of three (3) years;

(d)

two (2) persons having expertise in Quality

Assurance in Education who shall be appointed for a maximum

period of four (4) years;

(e)

a lawyer who has the necessary experience and

qualities according to law to be appointed as a magistrate who

shall be appointed for a maximum period of three (3) years;

(f)

one (1) person from the Medical sector or

ancillary professions who shall be appointed for a maximum

period of three (3) years;

(g)

two (2) students who are following a full

programme of studies leading to a qualification at MQF Level 7

or higher and who shall occupy the role for a maximum period

of two (2) years.

(4) The members referred to above shall elect from amongst

themselves a Chairperson and a Deputy Chairperson.

(5) The Committee established under this article shall

compile and send to the Authority an annual report, not later than four

(4) weeks after the end of each financial year, on its activities during

that year, including the policies, functions and future plans of the

Committee. Such reports shall be integrated with the annual report to

be compiled and sent by the Authority to the Minister.

(6) The provisions of article 9 shall, mutatis mutandis, apply

to the members of the Committee established under this article.

(7) The meetings of the Committee shall be called by the

Chairperson of the Committee as often as may be necessary but at

least once every month either on his own initiative or at the request of

any two (2) of the other members.

(8) The quorum for meetings of the Committee shall be half

the number of its members plus one (1), one (1) of whom shall be the

Chairperson or the Deputy Chairperson.

(9)

Decisions of the Committee shall be taken by a majority

of the votes of the members present. In the case of parity of votes cast,

the Chairperson shall also have a casting vote.

(10) Any member of the Committee who has any direct or

indirect interest in any matter or situation being considered by the

Committee, not being an interest which disqualifies such member

from remaining a member, shall disclose the nature of his interest at

the first meeting of the Committee after the relevant facts have come

to his knowledge. Such disclosure shall then be recorded in the

minutes of the meeting, and the member having an interest as

aforesaid shall withdraw from any meetings at which such matter or

situation is discussed. Any such disclosure shall be communicated to

the Board without delay. Where, in the opinion of the Board, the

interest of the member is such as to disqualify him from remaining a

Committee member, the Board may terminate his appointment as a

member of the Committee.

There shall be an Advisory Committee to provide a

forum for consultation with stakeholders, which shall meet at least

twice a year and which shall be chaired by the Chairperson and, or the

Chief Executive Officer of the Authority. The Advisory Committee

shall be composed of representatives of private and public further

education institutions, of representatives of private and public higher

education institutions, of representatives of students, of

representatives of civil society, of representatives of the business

community, and of representatives of trade unions which represent the

majority of employees in the further and higher education sector.

(1)

The Authority shall, in the case of persons found

guilty of any offence in relation to any licence, statement or any other

document issued by the Authority, in addition to the punishment for

such offences established in the Criminal Code, have the power to

revoke any such licence, or statement or any other document and shall

make public such revocation.

(2) Any person who infringes any provisions of this Act or

of any regulations made thereunder, and, or who fails to comply with

any directive or decision given by the Authority, shall be guilty of an

offence against this Act and shall be liable, on conviction, to a fine

(multa) which shall not exceed fifty thousand euro (€50,000) for each

offence and, or one hundred euro (€100) for each day of non-

compliance from the date of a formal notice from the Authority.

(1)

The Authority may levy all fees, rates and other

payments prescribed in its protocols or deemed to be prescribed by or

under this Act and, or any regulations made thereunder, or any other

law related to the powers and functions of the Authority.

(2) The Authority shall be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet the costs of specified works to be

continued and for the day to day running of the Authority.

(1)

The Authority shall cause to be prepared in every

financial year, and shall not later than six (6) weeks after the end of

each such year adopt, estimates of the income and expenditure of the

Authority for the next following financial year.

(2) In the preparation of such estimates, the Authority shall

take account of any funds and other moneys 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 of an Appropriation Act, or of any

other law; and the Authority shall so prepare the said estimates as to

ensure that the total revenues of the Authority are at least sufficient to

meet all sums properly chargeable to its revenue account, including,

but without prejudice to the generality of that expression,

depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparisons with previous years as

the Minister responsible for finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith by the Authority to the Minister and to the

Minister responsible for finance.

(5) The Minister shall, at the earliest opportunity and not

later than six (6) weeks after he has received a copy of the estimates

from the Authority (or if at any time during that period the House is

not in session within six (6) weeks from the beginning of the next

following session), cause such estimates to be laid before the House

together with a motion that the House approves the said estimates.

(1)

The Authority shall cause to be kept proper

books of account and other records in respect of the Authority’s

operations and shall cause to be prepared a statement of accounts in

respect of each financial year according to set accounting standards.

(2) The accounts of the Authority shall be audited by an

auditor or auditors to be appointed by it and approved by the Minister,

after consultation with the Minister responsible for finance

Provided that the Minister responsible for finance may,

after consultation with the Minister, require the books and accounts of

the Authority to be audited or examined by the Auditor General.

(1)

Not later than three (3) months following the end

of each financial year, the Authority shall cause a copy of its financial

statements 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 these statements or on the accounts

of the Authority.

(2) The Minister shall, as soon as practicable, cause a copy

of such statements and reports to be laid on the Table of the House.

(1)

All monies received by the Authority shall be

paid into a bank or banks appointed as bankers of the Authority by a

resolution of the Authority. Such monies shall, as far as practicable, be

paid into any such banks from day to day, except such sum as the

Authority may authorise to be retained to meet petty disbursements

and immediate cash payments.

(2) All payments out of the funds of the Authority, other than

petty disbursements not exceeding a sum to be fixed by the Authority,

shall be made by such officer or officers of the Authority as it shall

appoint or designate for that purpose.

(3) Cheques against and withdrawals from any bank account

of the Authority shall be signed by such officer of the Authority as

may be appointed or designated by the Authority for that purpose and

shall be countersigned by the Chairperson, or such other member or

officer of the Authority as may be authorised by the Authority for that

purpose.

(4)

The Authority 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 Authority 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 Authority; and

(d)

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 Authority.

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 for anything 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)

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;

(b)

to provide for any form or procedure which may

be required or expedient and about which there would be no

specific procedure in this Act;

(c)

to establish rules by means of which the

Government may give effect to international conventions

relating to education and which have 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;

(d)

to regulate the meetings of the Authority,

including procedures relating to a quorum, taking decisions by

means of voting, keeping of minutes and any other matter

ancillary thereto;

(e)

to provide for 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;

(f)

to establish anything which is due to be or may

be established under this Act and to provide for any other

matter as may be deemed to be appropriate;

(g)

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;

(h)

to make provision for any matter related to the

mutual recognition of professions;

(i)

to provide for processes of licensing,

accreditation, validation of non-formal and informal learning,

quality assurance and recognition;

(j)

to provide for 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;

(k)

to regulate access to and gathering

of

information, statistics and data by the Authority;

(l)

to extend the functions of the Authority; and

(m)

to provide for the establishment and description,

from time to time, of the Malta Qualifications Framework.

Any complaint by the students or employees of public

providers of further or higher education on matters related to such

providers, as well as complaints by persons who have been refused

entry into any programme offered by such providers, shall be

addressed to, and be addressed by, the Ombudsman in accordance

with the provisions of the Ombudsman Act.

* Part VI, comprising articles 63 to 71A, both articles

included, of the Education Act shall be repealed.

*Vide Legal Notice 31 of 2021.