MALTA COLLEGE OF ARTS, SCIENCE, AND TECHNOLOGY ACT

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CHAPTER 638

MALTA COLLEGE OF ARTS, SCIENCE, AND

TECHNOLOGY ACT

AN ACT to provide, in lieu of Part VIII of the Education Act (Cap.

327), for the establishment, functions and purpose of the Malta College of

Arts, Science and Technology, establishing governing bodies and principal

officers thereof, the functions, composition and powers of such governing

bodies, providing for financial provisions relating to the College, as well as

providing for other matters connected therewith or ancillary thereto.

12th July, 2024

ACT XXXII of 2023.

The short title of this Act is the Malta College of Arts,

Science, and Technology Act.

In this Act, unless the context otherwise requires

"academic units" means quality-assured and time-framed education

and training modules within programmes, which may include, but are

not limited to, work-based learning and apprenticeships;

"administrative affairs" means matters pertaining to the day-to-day

running of the College;

"apprenticeship" means systematic, long-term training alternating

periods at the workplace and in an educational institution, in the

voluntary sector or training centre. The apprentice is contractually

linked to the employer and receives remuneration (wage or allowance).

The employer assumes responsibility for providing the trainee with

training leading to a specific occupation;

"applied and impact research" means the process of establishing

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new knowledge or exploring the feasibility of new or improved

technology, service or solution, based on a methodology used to solve

a specific, practical problem undertaken with the specific aim of

benefiting the industry in an impact oriented manner whether directly

or indirectly;

"Award" means study programmes of shorter duration which do not

fulfil the requirements in terms of the minimum credits required at the

respective level of the Malta Qualification Framework;

"Board of Governors" means the Board of Governors established

by article 9;

"body corporate" means a body having a distinct legal personality;

"body of persons" means any partnership, fellowship, society, or

other association of persons whether vested with legal personality or

not;

"College" means the Malta College of Arts, Science and

Technology as defined by means of article 3;

"Deputy Principal" means the person or persons designated by the

Principal to support his office in specific areas or sectors of the

College;

"employment" means any labour or work exercised by way of trade

or for gain, whether the gain be to the person employed or to any other

person, and whether the labour or work is done for wages or other

compensation or not, and "to employ" shall be construed accordingly;

"function" means any responsibility, power, obligation, and duty;

"Government entity" shall have the same meaning as assigned to it

in the Public Administration Act;

"industry" means any general business activity and commercial

enterprise which shall include but is not limited to sciences,

biotechnology, pharmaceuticals, advertising, creative arts and media,

construction, farming and agriculture, fashion, finance, information

technology, infrastructure, manufacturing, retail, robotics, artificial

i n t e l l i g e n c e , a e r o s p a c e t e c h n o l o g y, s p a c e t e c h n o l o g y,

telecommunications, as well as research and development;

"industry-driven and community based curricula" means curricula

based on a wide variety of instructional methods and programs utilised

to connect what is being taught to the needs of the Industry and the

surrounding community, which includes but not limited to, work-based

learning;

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"MFHEA" means the Malta Further and Higher Education

Authority established by the Further and Higher Education Act;

"Minister" means the Minister responsible for education;

"MQF" means the Malta Qualifications Framework and shall have

the same meaning as assigned to it by article 63 of the Education Act;

"parent" means the father or the mother and includes any person

who has the care and custody, whether legal or actual, of a child;

"person" includes a body of persons and any body corporate

established by law;

"President" means the person appointed in terms of article 18 to

preside over and chair the Board of Governors;

"prescribed" means stipulated by any law, regulation, statute, rule

or bye-law;

"Qualifications" means the substantial programmes based on

learning outcomes at the respective Level of the Malta Qualifications

Framework and having enough workload to meet the requirements

depending on the level as required by the Malta Qualifications

Framework;

"PHE" means higher education offered at MQF Levels 5 upwards

that offers profession-oriented education through close industry

collaboration, applied and impact-oriented research, and practice-

relevant knowledge that maintains the academic rigour;

"Principal" means the person appointed by the Board of Governors

to perform the duties indicated in article 21 and any person who

temporarily occupies that office;

"remuneration" means compensation in any form whether in

money or in kind;

"VET" means education and training offered at MQF Levels 1 - 4

that aims to equip people with knowledge, know-how, skills and, or

competences required in particular occupations or more broadly on the

labour market;

"VET provider" means an individual or body corporate who is the

administrator of work placements, apprenticeships and internships

providing vocational educational programmes at further education or

higher levels, as licensed by the Malta Further and Higher Education

Authority or is approved by international structures with qualification

recognised by the industry;

"Vice President" means the person appointed by the Minister in

terms of article 19, to act on behalf of the President and chair the

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Board of Governors meetings in his absence or as directed from time

to time;

"VPET" means education and training which aims to equip persons

with knowledge, know-how, skills and, or competences required in

particular occupations or more broadly on the labour market. For the

purposes of this Act, VPET is an inclusive term which includes both

Vocational Education and Training (VET) and Professional Higher

Education (PHE);

"work-based learning" means the acquisition of knowledge and

skills through carrying out – and reflecting on – tasks in a vocational

context, either at the workplace (such as alternance training) or in a

VET institution.

PART II

Establishment, Functions and Purpose

of the College

The Malta College of Arts, Science and Technology,

established by public deed by the Government of Malta on the 11 of

August of the year 2000, shall strive, function, and endeavour to

develop curricula, and design, provide, and deliver study VPET

programmes, Work-Based Learning and Apprenticeship, and to further

students’ education in the vocational and professional sectors, and

provide services that promote and enhance the College’s students’ and

employees’ well-being.

(1)

The Malta College of Arts, Science and Technology,

a Government entity, shall be a body corporate having a distinct legal

personality and shall be capable, subject to the provisions of this Act,

of entering into contracts, of acquiring, holding, and disposing of any

kind of property for the purposes of its functions, of employing its

s ta ff, o f s u i ng a n d be i ng s ue d, o f es ta bl i s h i ng c o m m e r c i a l

undertakings, including limited liability companies, and conducting all

operations and entering into all such transactions as are incidental or

conducive to the exercise or performance of its functions under this

Act.

(2)

The College is a public entity and its employees, whilst part

of the public sector, are not public officers or Government employees.

The structures relating to wages, grades, posts, appointments and

disciplinary procedures of the College’s employees are distinct from

those of the public sector unless otherwise specifically provided, this in

accordance with the Public Administration Act.

(3)

The legal and juridical representation of the College shall

vest in the College’s Principal

Provided that the Board of Governors may appoint any one

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or more of its members or of the officers or employees of the College

to appear in the name and on behalf of the College in any judicial

proceedings and in any act, contract, instrument or other document

whatsoever

Provided further that in order for the College to enter into

contracts pertaining to the acquisition or disposal of immovable

property under whichever title, a Board Resolution from the Board of

Governors shall be required.

Maltese and English are the official languages of the

College. The College administration may use either or both languages

for official purposes.

(1)

The main objective of the College shall be that of an

Education Institution which enables students to reach their potential.

The College shall endeavour to ensure that education is accessible and

available to all students, without discrimination, and to develop VPET

curricu la and establi sh vocational education, facilities and

programmes of education and training, and of work and practical

experience which the College may deem necessary to provide all with

the opportunity to qualify in the vocational sectors taking into account

the socio-economic situation of Malta.

(2)

The College shall, in a general manner, ensure connectivity

between the College, the community and the industry, in a manner

which mirrors the requisites of the industry in the content and running

of its educational programmes within and outside the College

Provided that the College shall provide programmes of

studies in VPET leading to qualifications at all levels of the MQF

relevant to industry.

(3)

The College shall organise programmes of study including

but not limited to all the levels of the Malta Qualifications Framework.

(4)

The College, as a VET provider, shall comply with the

provisions of the Work-Based Learning and Apprenticeship Act, or

any other subsequent and, or relevant legislation.

(5)

The College shall endeavour and strive to achieve and

maintain the quality of its vocational and professional programmes

and apprenticeships at all levels of the MQF by establishing its own

internal quality assurance system and a validation system based on

external quality assurance as required by the relevant competent

national authority and as established by the relevant legislation.

(6)

The College shall ensure, in such areas as may be possible

and according to the possibilities of the College, access to each person

regardless of academic qualifications, and shall have special

programmes to assist any person to achieve the required education, so

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that such person may continue and terminate successfully such level

according to established standards, and with this aim the College shall

accredit prior learning.

(7)

The College shall provide study programmes of vocational

and professional education and training to help persons acquire

Awards and Qualifications according to their needs through different

modes of delivery, including all forms of work-based learning and

apprenticeship as prescribed by the Work-Based Learning and

Apprenticeship Act.

(8)

The College shall

(a)

embed all forms of work-based learning,

particularly apprenticeships, in vocational and professional

education and training programmes at MQF Level 4 and in

higher education qualifications;

(b)

offer Awards and Qualifications at all levels of

the Malta Qualifications Framework;

(c)

promote Malta’s vision as a hub of cultural,

industrial, commercial and services activity for other regions of

the world and in particular for the Euro-Mediterranean region;

(d)

ensure that applied and impact-based research as

well as community-based curricula be at the core of all student

learning experiences, including in curriculum design and in the

development of study programmes;

(e)

educate its students in being able to appreciate

and welcome the challenges and opportunities which the

accelerated process of the global economy is bringing along

with it as a result of the advances being made in the areas of

communication, culture, information technology, and science;

(f)

promote as part of its holistic education different

modes of work based learning;

(g)

promote an entrepreneurship culture through its

different programmes of study and by offering practical on-the-

job experience;

(h)

cultivate a culture of open-mindedness, propriety,

good governance, creativity, and innovation in the pursuit of

excellence, and flexibility and space to do things differently,

sustained by commitment, dedication, and integrity at College,

at the students’ future place of work, and in the exercise of the

College’s students’ and personnel’s profession, taking into

account the students’ well-being;

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(i)

foster among students a commitment towards

occupational health and safety at the place of work;

(j)

respond at a relevant time and in a relevant

manner to the needs of the labour market, by networking and

effective partnership at all levels of educational and training

experience with the educational, economic, industrial, cultural

and services sectors;

(k)

foster the mindset, skills, and values conducive to

agile employability and lifelong learning and retraining of its

students;

(l)

ensure the implementation of the principles of

inclusive education by providing an equitable access to all

persons in full respect of diversity;

(m) attribute the necessary importance to research

sustainable innovation and development in the areas of applied

arts, social sciences, engineering, science, and technology;

(n)

develop programmes of study based on the

concept of lifelong learning;

(o)

ensure that the quality and standards of study

programmes and of certificates awarded are recognised at both

national and international levels;

(p)

be guided by the national policies and strategies

as adopted from time to time by Government;

(q)

participate in bilateral and regional exchange

programmes and particularly in the educational and training

programmes, such as those of the European Union in which

Malta participates from time to time;

(r)

develop flexible learning strategies through the

application of portfolio qualifications and the use of innovative

technologies and methodologies.

(9)

The College shall collaborate and communicate with the

other National and International Educational Institutions, public and

private institutions and organisations, the national employment

agency, civil society, trade union organisations, chambers of

commerce, business, trade, recognised trade unions who represent

employees of the College and Industry associations, and the other

national competent authorities which participate in the social and

economic development of Malta.

(10) The College shall establish associate academies and

institutes as the Board of Governors may deem appropriate.

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The College shall

(a)

through education and training in the subjects of

arts, science, technology, technical knowledge and trades, guide

students enrolled in any of its study programmes in the

development of the required competences and proficiency for

the exercise of jobs, professions and callings in the economic,

industrial, and services sectors;

(b)

on its own, or together with other institutions,

whether public or private, local or foreign, organise such study

programmes of instruction and training as it may deem

necessary or expedient;

(c)

on its own, or together with other institutions and

organizations, organise such cultural, sports, and pastoral

activities for the better formation and enrichment of an

individual’s personality;

(d)

establish such entities, institutes, departments,

centres, research hubs and programmes which it may deem

necessary and shall supervise the administration thereof;

(e)

establish the conditions for admission to the

respective programme of studies and training, and of practical

and work experience and prescribe the required regulations

concerning examinations and the modalities of education and

training in such study programmes;

(f)

provide for adequate procedures for the

certification of persons who have reached the necessary

proficiency in the several areas of study and training;

(g)

offer such Awards and Qualifications or other

distinctions which it may deem suitable to such candidates who

satisfy the prescribed conditions after following the required

study programmes or having pursued distinguished careers in

the arts, science and technology;

(h)

establish the lecturing, teaching, training posts

and administrative posts as may be required from time to time

and appoint persons to such posts;

(i)

establish and maintain as due, libraries,

laboratories, workshops, services and other facilities required

for teaching, training, experimentation, research and the

dissemination of knowledge;

(j)

establish internal auditing schemes which ensure

the quality of education and training being imparted and the

effective use of resources;

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(k)

make regulations concerning the performance and

the conduct of students, lecturers and other persons entrusted

with rendering any service at the College, whether engaged by

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

for services, or if seconded or on loan to the College by

government, public or private entities;

(l)

make regulations to safeguard the health and

well-being of all parties mentioned in paragraph (k);

(m) establish policies and procedures to ensure

student retention and promote their academic and educational

success;

(n)

administer the property, resources, and funds

allotted to it from time to time by the Government with an aim

of accomplishing the College programmes, including such other

funds as it may receive or raise from other sources;

(o)

do anything required to be done so as to

accomplish its objectives according to this Act and in

accordance to directives given by the Minister in pursuance of

general Government policy.

(1)

The College shall have the power to make statutes,

regulations, and bye-laws in order to provide for its own

administration and for the administration of its activities and of the

entities created by it.

(2)

Statutes shall be made by the Board of Governors and shall

bind the whole College as well as the entities created by it.

(3)

Regulations shall be made by the Vocational and

Professional Council and shall provide for matters of an academic

nature and shall bind the whole College.

(4)

Bye-laws shall be made by the Boards of Studies and shall

provide for matters of an academic nature and shall bind the Institute

represented by the Board of Studies that made those bye-laws.

(5)

The Vocational and Professional Council may, on the advice

of the Board of Governors, make a statute that provides for a matter of

an academic nature, and, or may amend or repeal, in whole or in part,

such statute, however if such advice is not tendered within the term

established by the Council, which term shall in no case be less than

twenty-one (21) days from the date of the said request, the Council may

make that statute or amend or revoke it without that advice.

(6)

Statutes, regulations and bye-laws made by the competent

governing bodies of the College in accordance with the provisions of

this Part shall be promulgated and published to have the force of law

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Provided that the subsidiary legislation herein mentioned

shall as soon as it is promulgated and published, be laid on the Table of

the House in accordance with article 11 of the Interpretation Act.

(7)

Any power given by this Act for the making of statutes,

regulations or bye-laws by the competent governing body of the

College shall be construed as including a power, exercisable in the like

manner and subject to the like consent and conditions, if any, to

rescind, revoke, amend, or vary the statutes, regulations or bye-laws,

and such power shall be exercisable without prejudice to the making of

new statutes, regulations or bye-laws.

PART III

The Governing Bodies and Principal Officers

of the College

(1)

The governing bodies of the College shall be the

following

(a)

the Board of Governors;

(b)

the Vocational and Professional Council;

(c)

the Administrative Council;

(d)

the Boards of Studies.

(2)

The non-executive principal officers of the College are

(a)

the President of the Board of Governors;

(b)

the Vice-President and members of the Board of

Governors.

(3)

The executive principal officers of the College are

(a)

the Principal of the College;

(b)

the Deputy Principals of the College;

(c)

the Registrar;

(d)

the Institute Directors.

(4)

There shall be other officers, in addition to those listed

under sub-article (3), as may be established by the Board of Governors

from time to time. Such officers shall all be answerable to the Principal

of the College for the conduct of their respective duties.

(1)

The Board of Governors shall be composed of not

less than eleven (11) and not more than thirteen (13) members who,

unless otherwise specifically provided for in this Act, shall be

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appointed for a period of three (3) years and the members shall be

eligible to be re-appointed for a further period of three (3) years, only

once after their first term of office expires, up to a total maximum term

of six (6) years.

(2)

The Board of Governors shall consist of the following

(a)

the President appointed in accordance with article

19;

(b)

the Vice-President appointed in according with

article 20;

(c)

the Chairperson of Malta Enterprise;

(d)

the Chairperson of the National Skills Council;

(e)

the Permanent Secretary of the Ministry for

Education;

(f)

a representative elected by and from the students

of the College who shall hold office for a term not exceeding

one (1) year;

(g)

two (2) representatives elected by and from the

employees of the College, which shall consist of one (1)

representative elected from the academic employees and one

(1) representative elected from the non-academic employees;

(h)

three (3) members nominated by the Minister in

consultation with the President amongst whom there shall be

representatives of employers, employees, and civil society, and

who, in the opinion of the Minister, possess: the necessary

academic qualifications; professional experience; knowledge of

the Maltese and global Industry and of the global evolution of

work and technology; leadership qualities to develop and

strengthen the good governance of the College; and who have

an understanding of vocational education and the national and

international labour market within the context of creating an

open-minded, democratic, fair, prosperous, diverse, and

inclusive society

Provided that at least one (1) of the members of the Board of

Governors shall be a person with a disability as defined by the Equal

Opportunity (Persons with Disability) Act.

(3)

The Principal of the College shall have the right to attend

the meetings of the Board without having a right to vote, provided that

he shall withdraw from each meeting where matters connected with his

performance or contract of work are discussed.

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(4)

The members of the Board of Governors shall be persons

having competence or experience in the education sector, vocational

education, the cultural sector, the economy, industry and services

sectors or in the social sectors, and who, in the opinion of the Minister,

possess leadership qualities, and have an understanding of the

importance of vocational education and training within the context of

general socio-economic and democratic development.

(5)

A member of the Board of Governors may at any time be

removed from office by the Minister, after consultation with the

President, on the grounds of inability to perform the functions of his

office as required, either because of mental or physical illness, or upon

the Board’s recommendation that such member is deemed to be

disruptive and, or a source of frequent conflict causing hindrance to

the proper functioning of the Board of Governors, or for any other

reason due to which the member would no longer be fit to occupy such

office, which shall include a breach of confidentiality.

(6)

A member of the Board of Governors may resign from his

office through a letter addressed to the Minister. If any member tenders

his resignation or is removed from his office by the Minister, in

consultation with the President, or should the office of any member of

the Board become in any manner vacant, the Minister, after

consultation with the President, may appoint a qualified person to take

up this post and any person who is so appointed shall keep on

occupying that post up to the termination of the term of office of the

person being so substituted and such person shall be eligible to be re-

appointed subject to the limitations of sub-article (1).

(7)

A member of the Board of Governors having a direct or

indirect interest in any contract made or proposed to be made by the

Board of Governors, or any financial interest or otherwise in any

enterprise or activity which may affect the performance of his

functions as a member in this Board, shall declare his interest in

writing during the first sitting of the Board of Governors. A

declaration of interests of members of the Board of Governors will be

registered in the minutes of the Board meeting, and the Board member

concerned shall withdraw from the meeting while such contract or

matter in which he has an interest is being discussed. Declarations of

interests are to be communicated to the Minister without delay. When

such interest as the member may have is such that it may lead to his

removal from office, the member shall immediately report the fact to

the Minister and offer to tender his resignation, without prejudice to

the Minister’s power to remove such member from the Board.

(8)

Any absence or vacancy among the members of the Board

of Governors, or any participation in its meetings by any person who is

not entitled to such act, does not invalidate the procedures of the

Board, insofar as there is a quorum of not less than one-half of the

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number of members of the Board plus one.

(9)

Subject to the provisions of this Act and of any regulations

made thereunder, the Board of Governors may appoint non-executive

committees with established terms of reference.

(10) The Board of Governors shall take all necessary precautions

and treat all information including but not limited to information

passed on to them during or in anticipation of Board of Governors

meetings as highly confidential in its relations with both public and

private institutions.

(11) The Board of Governors may engage the services of non-

executive Senior Advisors to provide objective and independent

advice in order to assist the Board of Governors in its work. The said

Senior Advisors shall report to the Board of Governors

Provided that the number of Senior Advisors shall not

exceed three (3) per one (1) calendar year.

(12) The Minister may, after consulting the President, make

regulations regarding the procedures to be adopted by the Board of

Governors in the course of its operations.

(1)

The Board of Governors shall be the highest

governing body of the College and shall have the duty of performing

the objectives and to exercise the powers of the College as laid down

in the provisions of this Act, and shall in particular have the following

functions

(a)

to acquire and control the resources, facilities and

property, both movable and immovable, of the College

Provided that insofar as immovable property is

concerned, the College and, or any of its Principal Officers

shall be precluded, both ipso facto and ipso jure, from

alienating, transferring, selling, hypothecating or otherwise

burdening and, or encumbering such property and, or from

assigning any rights, obligations and, or title thereto to third

parties to further such third parties’ private, commercial,

financial and, or profit-making interests to the detriment of any

above-mentioned educational purposes and associated support

services in line with the College’s purposes and functions as

outlined in article 7

Provided further that the Board of Governors may

resolve to allow an exemption to this restriction should a

decision of the Board of Governors be taken by unanimous vote

when all of its members are present. The objective criteria and

reasons upon which the Board has based its decision shall be

explicitly and expressly minuted on pain of nullity of its

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decision;

(b)

to facilitate relations with the Industry and to

ensure the continuous connectivity between the College and the

Industry as to be able to reflect the exigencies of the Industry in

the College’s methods, educational programmes and curricula;

(c)

to approve the establishment of associate

academies and institutes for the due performance of the

educational and training tasks and of interdisciplinary co-

operation;

(d)

to approve the three-year Strategic Plan of the

College;

(e)

in support of the three-year strategic plan, to

approve and ensure the execution of a three-year financial plan

to approve the yearly budget of the College in line with the

three-year strategic plan, which financial plan shall include a

human resources plan;

(f)

to supervise the expenditure and the

administration of the College at all levels and to approve the

annual budget proposals to be submitted to the Minister within

a given time;

(g)

to appoint, after a public call, a Principal and, on

his advice, to also appoint the executive or senior managerial

positions within the College;

(h)

to set up and abolish, on the advice of the

Principal, any post of an academic and administrative nature

within the College;

(i)

to make statutes, rules and other procedures, of a

non-academic nature, in terms of the provisions of this Act;

(j)

together with the Vocational and Professional

Council, to ensure that proper education levels are retained and

improved on, and to establish and supervise internal auditing

schemes which ensure the quality of education;

(k)

to facilitate agreements as appears necessary with

sectors of economic activity in the country and with institutions

in Malta and overseas for the better achievement of the

objectives of the College;

(l)

to establish and oversee the operations of the

Internal Audit Office whose main function shall be the

assurance of the proper functioning and good governance in the

day-to-day operations of the College.

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(2)

The Board of Governors shall oversee that the qualification

degrees, diplomas, awards, and certificates of the College are

recognised both at a national and at an international level, and that,

wherever applicable, are related to the standards established by the

MFHEA.

(3)

The Board of Governors shall meet to focus on strategic

orientation and strategic decisions. The Board shall meet as necessary,

however not less than once every two (2) months with a quorum of not

less than half of the number of members of the Board plus one.

(1)

There shall be a Vocational and Professional Council

which shall create, administer and monitor all education and training

activities of the College including part-time commercial and non-

commercial study programmes.

(2)

The Vocational and Professional Council shall have full

authority over the quality and standards of Awards and Qualifications

offered by the College.

(3)

The Vocational and Professional

Council

shall

be

constituted of the following members

(a)

the Principal, who presides ex officio;

(b)

the Deputy Principals, ex officio;

(c)

the Registrar, ex officio;

(d)

two (2) members representing the industry

appointed by the President;

(e)

two (2) members appointed by the Minister;

(f)

the Directors of all the Institutes ex officio;

(g)

the

Director,

Education

and

Training

Programmes;

(h)

the Director, Quality Assurance;

(i)

the Director, Student Services;

(j)

two (2) members elected by and from amongst

the full-time academic staff;

(k)

two (2) members elected by and from amongst

the students who shall hold office for a term not exceeding one

(1) year

Provided that personnel responsible for different academic

functions may be invited to the meeting, as necessary.

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(1)

The Vocational and Professional Council shall be

responsible for the general direction of the academic, vocational and

professional education and training of the College, and shall have the

following functions

(a)

to ensure that the policies, strategy and decisions

adopted by the Board of Governors in terms of article 10 are

implemented;

(b)

in line with the three-year strategic plan, prepare

a three-year academic plan based on the plans prepared and

submitted by each academic unit and ensure its execution;

(c)

to regulate by means of policies and procedures

the programmes of studies, training, research, documentation

and examinations at the College and to establish such degrees,

diplomas, certificates and awards for such candidates satisfying

the prescribed conditions after following the required study

programmes;

(d)

to decide about the persons to whom the

academic, vocational and professional degrees, diplomas,

certificates and other distinctions shall be awarded;

(e)

to establish, subject to the provisions of this Act,

the entry conditions to the College, including those of part-time

study programmes;

(f)

to appoint Maltese or foreign examiners

according to pre-established statutes and procedures, and to

ensure that payment is effected for their services;

(g)

to recognise, following a recommendation by the

competent authorities according to law, such degrees, diplomas,

certificates and distinctions of other universities or educational

institutions;

(h)

to approve the curricula and the syllabi submitted

by the academic units and, where it deems it so necessary, to

revert same with its advice about any proposed amendments;

(i)

to recommend to the Board of Governors the

establishment of new vocational and professional academic

units leading to qualifications at all MQF levels which may

include the introduction of new subject matter;

(j)

to present to the Board of Governors, with the

launch of each prospectus, an annual proposal of all academic

units forecasted to be removed, retained and introduced in the

prospectus of the following year;

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(k)

to ensure positive and active relations between

the College and its professional and educational partners in

Malta and overseas;

(l)

to give advice to the Board of Governors on

academic and professional matters.

(2)

The Council shall meet at least every six (6) weeks and the

quorum for the meetings shall be of not less than one-half of the

number of members plus one.

(1)

There shall be an Administrative Council of the

College, which is answerable to the Board of Governors, which shall

be inter alia constituted of the following persons

(a)

the Principal, as Chairperson;

(b)

the Deputy Principals;

(c)

the Registrar;

(d)

the Financial Controller

Provided that Directors and Deputy Directors responsible

for different administrative functions may be invited to the meeting, as

necessary. Directors may also appoint Deputy Directors to substitute

them during these proceedings.

(2)

The Deputy Principal responsible for the Administration of

the College shall act as Secretary to the Administrative Council.

The Council shall meet at least every six (6) weeks in order

to

(a)

ensure that the policies, strategy and decisions

relating to administrative affairs adopted by the Board of

Governors are implemented;

(b)

propose policies, strategies and decisions relating

to administrative affairs to be adopted by the Board of

Governors to oversee the preparation of the three-year Financial

Plan for the Board of Governors’ approval;

(c)

oversee the preparation of the yearly Human

Resources Plan;

(d)

approve and monitor the yearly Communications

Plan;

(e)

monitor the Financial Plan and the Human

Resources Plan, as approved by the Board of Governors;

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(f)

ensure that recruitment within the College is

carried out in a fair and transparent manner and according to

laws and regulations as may come into force from time to time;

(g)

monitor all staff movement within the College;

(h)

approve all policies relating to the College’s

Administration;

(i)

administer the use of all College facilities

whether for commercial or non-commercial purposes;

(j)

establish grievance policies and procedures,

monitor their compliance, and oversee the workings of the

Grievance Office.

(1)

There shall be a Board of Studies for each academic

Institute or Section to be constituted of the following members

(a)

the Director of such Institute shall be the chair ex

officio;

(b)

the Registrar, or a representative of the office of

the Registrar, ex officio;

(c)

the Deputy Director of the relevant section/s of

the Institute/Unit ex officio;

(d)

the Institute Vocational Co-ordinators of the

relevant academic units/sections;

(e)

two (2) members elected by and from among the

full-time lecturers of the academic unit;

(f)

one (1) student representative elected by and from

amongst the students of the academic unit who shall hold office

for a term not exceeding one (1) year;

(g)

one (1) member representing the industry

appointed by the President;

(h)

two (2) members representing the Minister

Provided that there shall be a minimum of one (1) Board of

Studies for each Institute

Provided further that the Deputy Principal whose

responsibility includes the particular Institute or Section, and the

Deputy Principal whose responsibility includes the Registrar’s Office

shall have a right to be informed of and attend the meetings of the

respective Boards of Studies

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Provided further that personnel responsible for different

academic functions within the Institute or Unit may be invited to the

meeting, as may be necessary.

(2)

Without prejudice to article 18

(a)

the elections mentioned in paragraph (e) of sub-

article (1) shall take place once every three (3) years provided

that the same representative may be re-elected;

(b)

the elections mentioned in paragraph (f) of sub-

article (1) shall take place once per academic year provided that

the same representative may be re-elected.

(3)

The designated Deputy Principal shall have the right to

convene a meeting of the Board of Studies of any academic unit

whenever he may deem necessary and in such cases he shall preside

the meeting.

(1)

The Board of Studies shall have the following

functions

(a)

to develop and direct an academic plan for the

academic unit;

(b)

to approve and oversee all full and part-time

curriculum programme matters at the Institute;

(c)

to draft and propose bye-laws relating to the

respective academic unit in terms of the provisions of this Act;

(d)

to advise and support the Principal in providing

administrative, academic, training and development operations

within the College;

(e)

to nominate examiners for consideration for

approval of the Vocational and Professional Council;

(f)

to propose research and continuous professional

development projects to the Vocational and Professional

Council.

(2)

Policies and procedures which are made by the Board of

Studies shall be sent to the Vocational and Professional Council for its

approval and shall not be presented to the Board of Governors to be

considered unless the Vocational and Professional Council only gives a

conditional approval.

(3)

The Boards of Studies shall meet at least once every six (6)

weeks and the quorum of the meetings shall be of fifty per cent plus

one.

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(1)

Any appointed or elected person holding office on a

governing body of the College shall, unless otherwise specifically

provided elsewhere in this Act, hold such office for a period of three

(3) years

Provided that any person holding office on a governing

body of the College shall continue to hold that office, notwithstanding

such person having terminated the relative period, until the time when

an election is held or another person is appointed to occupy that office

in his stead

Provided further that any nominated or elected person

holding office on a governing body of the College may not, whether

concurrently or subsequently, hold office of any other governing body

of the College.

(2)

Any governing body of the College may act notwithstanding

any vacancy in its membership and quorum shall be computed as if

there were no such vacancy.

(3)

Any matter proposed for decision at any meeting of any

governing body of the College shall be determined by a majority of the

votes of the members present and voting, and, if on any such question

the votes are equally divided, the presiding member shall have and

exercise a casting vote.

(1)

The President shall be appointed for a term of three

(3) years by the President of Malta, acting in accordance with the

advice of the Prime Minister, after consulting with the Leader of the

Opposition, which person shall be chosen on account of his

involvement, in-depth knowledge, and experience in education and the

industry as defined in article 2.

(2)

The President shall be the most senior official of the College

and shall be responsible for leading the College to comply with this

Act and with national educational strategic policy as the official

guardian of all established good governance policies and procedures at

the College.

(3)

The President shall promulgate the statutes, regulations and

bye-laws of the governing bodies of the College and may revert once

to any governing institution such statutes, regulations, and bye-laws

which in his opinion are not in compliance with the laws of Malta.

(4)

The President may in the event that there is no Principal or

Principal-Designate to fulfil the duties of Principal as outlined in

article 22, due to force majeur, appoint any one of the Deputy

Principals to carry out such duties until such time when the Principal

can resume his duties or a new Principal is appointed in terms of the

provisions of this Act

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Provided that the President shall, within five (5) working

days of appointment of the Principal, convene an emergency Board of

Governors meeting in order to ratify the temporary appointment.

(1)

The Vice-President shall be appointed by the

Minister for a term not exceeding three (3) years, following

consultation with the President.

(2)

Whenever the office of President is temporarily vacant, and

until a new President is appointed, and whenever the holder of such

office is absent from Malta or on vacation or is for any reason unable

to perform the functions conferred upon him by this Act, those

functions shall be performed by the Vice-President.

(3)

The Vice-President shall also perform the functions of the

President whenever required to do so in writing by the President.

(1)

There shall be a Secretary to the Board of Governors

who shall be chosen by the Board of Governors, after being nominated

by the President following consultation with the Principal.

(2)

The Secretary to the Board of Governors shall keep minutes

as required of each Board of Governors meeting and shall perform the

duties of liaison officer between the President and, or the members of

the Board of Governors and the Principal of the College.

(1)

The Principal, without prejudice to the powers vested

in the governing bodies of the College by the provisions of this Act,

shall have all the powers necessary for the governance and

administration of the College, including the power to make such

necessary appointments of officers and employees having an academic

or technical background or of any other kind, for such period, under

such conditions and in accordance with good governance policies and

procedures established by the Board of Governors, including the

power to decide upon any urgent matter of an educational or other

nature

Provided that any such aforementioned decision affecting

any power or function vested by this Act in a governing body of the

College shall be registered by the Principal and put on the agenda of

that governing body in its first meeting after such decision.

(2)

The Principal shall exercise authority over the teaching

staff, examiners, students, examination candidates, College

employees, and whosoever is entrusted with rendering any service,

whether commercial or non-commercial, to the College, and he shall

enforce discipline and the strict observance of the provisions of the

Act, of the Statute of the Institutes, bye-laws and other rules made by

the competent bodies of the College.

(3)

The Principal shall confer the Awards, Qualifications and

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other distinctions of the College.

(4)

The Principal shall ensure that, insofar as it depends on him,

the governing bodies are regularly constituted, and that he provides for

the organisation of such elections required by this Act, including that

they actually be held as established and without undue delay.

(5)

The Principal shall ensure that the governing bodies meet

regularly as established by this Act and shall be responsible for the

planning and coordination of the activities of the different educational

and training bodies and institutions and for the performance of the

decisions of the competent authorities of the College.

(6)

The Principal shall appoint and employ, through public

calls, such employees as may from time to time be necessary for the

due and efficient discharge of the functions of the College, under the

terms and conditions as may be established from time to time by the

Board of Governors, and without the need for any other formalities as

may be from time to time be established in terms of the Public

Administration Act.

The Deputy Principals shall perform such functions as are

delegated to them by the Principal, including that they act on his

behalf as may be necessary.

The Registrar shall

(a)

assist the Principal or his delegate in the day to

day administration of the academic, educational and training

programmes of the College, and he shall be responsible for the

execution of the instructions of the Principal or his delegate;

(b)

keep the College seal and also sign all documents

on which the College seal is applied;

(c)

sign the documents which certify the academic

and vocational Awards and Qualifications conferred by the

College and keep a full record thereof;

(d)

act as secretary to the Vocational and Professional

Council and, either directly or through a delegate, to the

Institutes’ Boards of Studies;

(e)

be responsible for the records of all examinations

held by the College and for the proper safekeeping of such

records, and for keeping updated copies of the statutes,

regulations and bye-laws;

(f)

keep the rolls of the members of the Board of

Governors, the Vocational and Professional Council, Institute

Boards of Studies, examiners and students;

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(g)

keep records of the educational and training

activities of each student;

(h)

be responsible, after consultation with the Deputy

Principals, for suitable arrangements about the teaching time-

table; and

(i)

carry out such other duties as may be called for by

the Principal according to the exigencies of the College.

The Institute Directors shall perform such functions as are

assigned to them by the Principal including that they provide

leadership to the Institute by managing both the strategic and

operational requirements.

PART IV

Financial Provisions

(1)

The Board of Governors, through the Administrative

Council, shall during each financial year ensure the preparation and

adoption of a budget of the revenue and expenditure of the College for

the following year.

(2)

The Board of Governors, through the Administrative

Council, shall ensure that a three-year financial plan (reflecting the

three-year strategic plan) is prepared, updated regularly and executed.

(3)

The Board of Governors, through the Administrative

Council, shall ensure the proper keeping of accounts and other records

concerning its operations and transactions, and shall ensure that a

relative statement of accounts is prepared for each financial year.

(4)

The College accounts shall be audited by warranted

qualified auditor or auditors appointed by the Board of Governors

from time to time, while the financial administration of the College

shall be subject to auditing by the Auditor General.

(5)

The Board of Governors shall, by not later than six (6)

months from the closing of each financial year, ensure that a copy of

the audited statement of accounts, together with a report of the

activities during that year of the College, is sent to the Minister

together with a copy of the report made by the auditor or auditors

about that statement, and the Minister shall without undue delay cause

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

(1)

The College may levy all fees, rates and other

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

under the Act and, or these regulations, or any other law related to the

powers and functions of the College.

(2)

The College shall be paid by Government out of the

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Consolidated Fund such sums as Parliament authorises to be

appropriated to meet the costs of specified works to be continued and

for the day to day operation and management of the College.

(1)

The College 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

College for the next following financial year.

(2)

In the preparation of such estimates the College 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 College shall so prepare the said estimates as to

ensure that the total revenues of the College 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

College, be sent forthwith by the College 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 College (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 on the Table of the House

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

(1)

All monies received by the College shall be paid into

a bank or banks appointed as bankers of the College by a resolution of

the Board of Governors of the College. Such monies shall, as far as

practicable, be paid into any such banks from day to day, except such

sum as the College may authorise to be retained to meet petty

disbursements and immediate cash payments.

(2)

All payments out of the funds of the College, other than

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

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

appoint or designate for that purpose.

(3)

Cheques against and withdrawals from any bank account of

the College shall be signed by the Principal, or such other member or

officer of the College as may be authorised by the Board of Governors

of the College for that purpose.

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The College 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 College 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 College; and any matter relevant to the proper

keeping and control of the accounts and books, and the control

of the finance, of the College;

(d)

the submission of annual management accounts

approved by the Board of Governors.

PART V

Miscellaneous

The proper official dress which the principal officers of the

College academic staff, graduates, students and other members of the

College are expected to wear on official occasions shall be prescribed

by regulations made by the Board of Governors following

consultations with the Vocational and Professional Council.

(1)

Qualifications shall be conferred at a public

ceremony or, with the consent of the Board of Governors, privately or

in absentia.

(2)

A candidate shall be eligible for the conferment of a

qualification only after certification by the Principal that all the

conditions prescribed by statutes, regulations and bye-laws relevant to

that qualification have been fulfilled, and insofar as all other

obligations and responsibilities of the candidate towards the College

have also been satisfied.

(3)

No person may be considered as holding a qualification of

the College unless such qualification has been conferred as prescribed

in sub-article (1).

(1)

With effect from the appointed day all property and

undertakings shall, by virtue of this Act, and without further

assurance, be transferred to, and shall vest in, the College under the

same title by which they were held by the Government immediately

before that day.

(2)

Such transfer shall extend to the whole of such public

property and undertakings and shall include all lands and other

property movable or immovable, assets, powers, rights, privileges and

causes of action held or enjoyed in connection therewith or

appertaining thereto.

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