Regulations, 2004

L.N. 196 of 2004

MUTUAL RECOGNITION OF QUALIFICATIONS ACT,

(ACT NO. XVIII OF 2002)

Malta Qualifications Recognition Information Centre

and the Mutual Recognition of Qualifications Appeals Board

Regulations, 2004

IN exercise of the power conferred by article 8 of the Mutual

Recognition of Qualifications Act, 2002, the Minister of Education,

Youth and Employment has made the following regulations>–

(1) These regulations shall be cited as the Malta Short citation and

Qualifications Recognition Information Centre and of the Mutual commencement.

Recognition of Qualifications Appeals Board Regulations 2003.

(2)

These regulations shall come into force on the 1st

May, 2004.

(3) The scope of these regulations is to establish the

organisational and operational structure of the Malta Qualifications

Recognition Information Centre and of the Mutual Recognition of

Qualifications Appeals Board.

In these regulations, unless the context otherwise Interpretation.

requires –

“the Act” means the Mutual Recognition of Qualifications

Act, 2002<

“Appeals Board” means the Mutual Recognition of

Qualification Appeals Board established by article 7 of the Act<

“the Centre” means the Malta Qualifications Recognition

Information Centre known as the Malta QRIC established by

article 6 (1) of the Act<

“Coordinator” means the Mutual Recognition Coordinator

established by article 5 of the Act<

“the Council” means the Mutual Recognition of

Qualifications Competent Authorities Council established by

regulation 6 of these regulations<

“Designated Authorities Conference” means the Mutual

Recognition of Qualifications Designated Authorities

Conference established by regulation 7 of these regulations<

“desk officers” means the Malta QRIC desk officers

responsible for liasing with identified Countries and designated

authorities established by these regulations.

Part I

Organisational and operational structure of the Malta

Qualifications Recognition Information Centre

The Centre shall be managed by the Director designated to

be responsible for the Malta QRIC who shall be the assisted in this

task by the designated assistant director.

(1) There shall be established desk officers within the

Malta QRIC.

(2)

The functions of the desk officers shall be>

(a) to collect and disseminate information related to

academic and vocational qualifications<

(b)

to liase with the designated authorities<

(c) to support the assistant director in promoting and

enhancing the service offered by the Centre.

(1) There shall be established within the Malta QRIC an

Academic Credentials Evaluation Board and a Vocational Credentials

Evaluation Board to perform duties in the comparative analysis and

recognition of academic and, or vocational qualifications.

(2) The functions of the Academic Credentials Evaluation

Board and the Vocational Credentials Evaluation Board shall be>

(a) to assist the Director and the Assistant Director

designated to be responsible for the Malta QRIC in the running

of the Centre<

(b) to process requests reaching the Centre on matters

related to the provision of information on qualifications and

recognition<

(c) to provide an informed opinion in relation to the

comparative analysis of academic and vocational qualifications<

(d) to provide information about educational institutions

and the academic and, or vocational programmes offered by

these institutions<

(e) to provide impartial information acquired through

the international network to the Mutual Recognition of

Qualifications Appeals Board as required.

(3) The Academic Credentials Evaluation Board and the Composition.

Vocational Credentials Evaluation Board shall be composed of>

(a) a chairperson, who shall be a full time official of the

Education Division and serving as desk officer within the Malta

QRIC, acquainted with matters related to academic and

vocational qualifications and institutions awarding such

qualifications< and

(i) in the case of the chairperson of the Academic

Credentials Evaluation Board, he shall be an ex officio

member of the Vocational Credentials Evaluation Board<

(ii) in the case of the chairperson of the Vocational

Credentials Evaluation Board, he shall be an ex officio

member of the Academic Credentials Evaluation Board<

(b) two members who shall be full time officials of the

Education Division and serving as desk officers within the Malta

QRIC acquainted with matters related to academic and

vocational qualifications.

(1) There shall be established a Council to be called the Mutual

Mutual Recognition of Qualifications Council having such functions Recognition

Qualifications

as set out in these regulations.

Competent

Authorities

Council.

(2)

The objectives of the Council shall be>

Objectives of the

Council.

(a) to co-ordinate the activities related to the recognition

and evaluation of qualification of the various certificates

awarding bodies<

(b) to ensure the timely dissemination of information

related to the issue of qualifications and the recognition of

qualifications, received from the EU, UNESCO, Council of

Europe or similar organisations<

(c) to promote and facilitate, co-ordination in course

structure, quality assurance and transparency of qualifications.

(3) Without prejudice to the generality of the objectives

set out in regulation (6) (2) above, the Council shall>

(a) perform such other functions as are or may be

assigned to it by the Act or by regulations made thereunder<

(b) to do all things necessary and expedient in accordance

with these regulations, to further the objectives of the Council<

(c) assist the chairperson in establishing the criteria and

policies on which to base the recognition, comparability and

evaluation of academic and vocational qualifications<

(d) support the promotion and the development of such

instruments of transparency in qualifications and frameworks

for course organisation, as may be developed and agreed upon

by the European Union or identified as good practice in countries

outside the European Union<

(e) make recommendations to the Coordinator on any

matter related to the implementation of the provisions of these

regulations.

(4)

The Council shall be composed as follows>

(a)

a chairman who shall be the Director within the Malta

QRIC<

(b) a member appointed by the Senate of the University

of Malta<

(c) a member appointed by the Council of the Institutes

of the Malta College of Art Science and Technology<

(d) a member appointed by the Malta Professional

Vocational Qualifications Council<

(e) a public officer within the Education Division

responsible for issuing permits to non-state educational

institutions to operate<

(f) a representative of and appointed by the Institute of

Tourism Studies<

(g)

the assistant director working within the Malta QRIC<

(h) the chairpersons of the Academic Credentials, and

Vocational Credentials Evaluation Boards respectively.

(5) Without prejudice to the generality of sub-regulation Responsibilities.

(2), (3) and (4) of this regulation, each Council member shall be>

(a) the official contact person responsible for the passing

on of all selected documents and information to the competent

person or persons within the entity or body appointing them<

(b) responsible for the implementation of related

Ministerial policies, EU directives and any decisions and

policies of the Council<

(c) responsible for reporting progression for any related

information, statistics or any other matter required by the

Ministry, the National Coordinator and, or the Council.

(1) The Mutual Recognition Coordinator shall establish Mutual

Recognition of

a Conference to be called the Mutual Recognition of Qualifications Qualifications

Designated Authorities Conference. The Conference shall meet once Designated

Authorities

a year and shall have such functions as set out in these regulations. Conference.

(2)

The aims of the Designated Authorities Conference Aims of

Designated

shall be>

Authorities

Conference.

(a) to facilitate and promote uniform application of the

Act and regulations made hereunder<

(b) to co-ordinate the activities of the designated

authorities<

(c) to ensure the timely dissemination of information on

matters governed by the Act and regulations made hereunder.

(3) The Designated Authorities Conference shall be

composed as follows>

(a) the chairperson who shall be the Mutual Recognition

Coordinator<

(b)

the chairperson of the Malta QRIC<

(c) the head of each one of the various designated

authorities or his representative<

(d) the desk officers of the Malta Qualification

Recognition Information Centre<

(e) a representative of the unions and a representative of

the employers appointed through the Malta Council for

Economic and Social Development.

(4) Without prejudice to the generality of regulation 7

(2) of these regulations, individual Council members shall be>

(a) the official contact persons of the authority they

represent<

(b) persons responsible for the dissemination of all

information<

(c) persons responsible for the provision of any related

information, statistics and any other matter required by the

Ministry, the National Coordinator and, or the Designated

Authorities Conference.

Part II

Mutual Recognition of Qualifications Appeals Board

(1) In accordance with and without prejudice to article 7

of the Act, the Minister responsible for education shall set up three

divisions of the Mutual Recognition of Qualifications Appeals Board

to deal with appeals regarding>

(a) recognition of higher education diplomas awarded on

completion of Professional Education and Training of at least

three years duration and governed by Part 1 of Legal Notice

271 of 2002<

(b) Recognition of other post secondary level of

education and training courses and long or short secondary level

of education courses, possibly complemented by professional

training or experience and governed by Part 2 of Legal Notice

271 of 2002<

(c) Recognition of professional activities and governed L.N. 272 of 2002.

by Legal Notice 272 of 2002.

(2) Each division of the Board shall be composed of the Composition.

members of the Board and another two persons, who are independent

of the competent authorities awarding qualifications and the

designated licence, permit or warrant issuing authority, appointed

by the Prime Minister on the recommendation of the Minister

responsible for education from among persons of known integrity

who appear to him to be qualified by reasons of having had

experience of and capacity in matters deemed appropriate for such

purpose.

(3) The Board shall not act unless a quorum of three of Quorum.

its members including the chairman or his deputy is present.

(4) The chairman of the Board or, in his absence a Conduct of affairs

of the Board.

member of the board selected to deputise for the chairman shall have

the powers to summon witnesses and to administer an oath to any

witness and to require him to give evidence or to produce documents

before it.

(5) The Board shall reject any appeal which is not made

in writing within the time specified in any provision.

(6) All persons summoned to attend and give evidence

at any sitting of the Board shall be bound to obey the summons served

on them< and any person refusing or omitting without sufficient cause

to attend at the day, time and place mentioned in the summons served

on him or to answer, to the best of his knowledge and belief, all

questions put to him by the Board, or to produce documents required

by the Board to be produced before it, shall be guilty of an offence

against this Act>

Provided that no person giving evidence before the Board shall

be compelled to incriminate himself and every such person shall, in

respect of any evidence given by him before the Board, be entitled

to all the privileges to which a person giving evidence before a court

of law is entitled in respect of evidence given by him before such

court>

(7) The Board may seek the help of the Malta QRIC and

the network to which the Malta QRIC forms part for any information

regarding qualifications issued in Malta or abroad.

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

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

shall be within ten days to the Court of Appeal (Inferior Jurisdiction)<

the judge shall have the right to decide in camera that such appeal is

frivolous or vexatious following the closing of the stage of written

submissions< such appeal shall also be regulated by rules of court

made under article 29 of the Code of Organization and Civil

Procedure.

(9) The Board shall, in January of each year submit a

report of activities to the Minister and to the General Systems

Directives Coordinator.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press