Malta Qualifications Council Regulations, 2005

L.N. 347 of 2005

EMPLOYMENT AND TRAINING SERVICES ACT

(CAP. 343)

Malta Qualifications Council Regulations, 2005

IN exercise of the powers conferred by article 41 of the

Employment and Training Services Act, the Minister of Education,

Youth and Employment has made the following regulations

(1) The title of these regulations may be cited as the Malta Citation and

coming into force.

Qualifications Council Regulations, 2005.

(2) These regulations shall come in force on a date to be

established by the Minister responsible for Education.

(Regulation 11(2))

QUALIFICATIONS AND COMPETENCES LEVELS

Level 1

The holder of a qualification at this level will be able to further learning

opportunities and to gain access to unskilled employment that may include a further

element of training. This level is often the entry point to a lifelong pathway for

people with no qualifications. Learning is normally developed during compulsory

education and contributes to general education but is also achieved through adult

learning programmes and through non-formal and informal learning opportunities.

Level 2

The holder of a qualification at this level will be able to enter into qualification-

based training programmes and to gain access to unskilled employment that may

include a further element of training. This level can also be the entry point to

lifelong learning pathway. Learning at this level is formally acquired during

compulsory education and can include an induction to work. The achievement of

qualifications at this level may be regarded as the end of compulsory education.

Level 3

The holder of a qualification at this level will be able to gain access to semi-

skilled employment, further training and higher education. Level 3 achievements

reflect formal learning in part of upper secondary or adult education in schools,

colleges, training centres or learning in workplaces. It also reflects non-formal

learning through work and basic training in an occupational field. This level can

be a key stage in a lifelong education pathway.

Level 4

The holder of a qualification at this level will be able to obtain routes to

further learning and to employment in skilled work that can be performed

independently and entail supervisory and coordination duties. This level of

qualification also supports further specialized training for those seeking job

enhancement. Level 4 achievement typically reflects completion of upper secondary

education and some formal learning in post compulsory education, adult education

including labour market training.

Level 5

The holder of a qualification at this level will be able to gain access to higher

education programmes at Level 6, to employment in highly skilled work or to

career progression through improved recognition of work capabilities.

Qualifications at level 5 typically follows completion of a post secondary learning

programme, such as apprenticeship together with post programme experience in a

related field. High grade technicians and managers achieve these qualifications

that often bridge secondary with tertiary education and training. Higher education

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qualifications at this level are associated with the ‘short-cycle’ [within the first

cycle] of qualifications in the framework developed under the Bologna process.

Level 6

The holder of a qualification at this level will be able to gain access to

professional employment opportunities and are often career entry qualifications

for professional and managerial work. Level 6 qualifications are associated with

the first cycle of qualifications in higher education and provide access to further

learning opportunities in higher education.

Level 7

The holder of a qualification at this level will be able to gain access to

employment and to career progression within the specialist field. Level 7

qualifications are associated with the second cycle of qualifications in higher

education.

Level 8

The holder of a qualification at this level will be able to have access to

employment in specialized fields and career progression for those involved in jobs

requiring research skills, scholarly work and leadership. Level 8 qualifications are

associated with the third cycle of qualifications in higher education.

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

In these regulations, unless the context otherwise requires: Interpretation.

“the Act” means the Employment and Training Services

Act; “the Council” means the Malta Qualifications Council

established by regulation 4;

“the Minister” means the Minister responsible for

education;

“public officer” has the same meaning assigned to it by

article 124 of the Constitution;

“qualifications” means a formal expression of knowledge,

skills and competences of the individual, and they confer official

recognition of value in the labour market and in further

education and training;

“standard” shall have the same meaning assigned to it by Cap. 419

Article 2 of the Malta Standards Authority Act and standards of

knowledge, skills and competence shall be construed

accordingly;

“technical advisor” means a person, or education and

training institution, or an industrial or commercial establishment

that provides technical advice to the Council as defined by

regulation 9;

“training agency” means any approved institution or body

corporate that provides services of a training or educational

nature that lead to the attainment of professional or vocational

qualifications within the National Qualifications Framework as

provided in regulation 11.

There shall be a Council, to be called the Malta

Qualifications Council, having such functions as set out in these

regulations.

(1) The Council shall consist of nine members appointed

by the Minister and shall be composed as follows

(a)

a chairperson with relevant experience;

(b) the person designated as the Mutual Recognition

Coordinator under article 5 of the Mutual Recognition of

Qualifications Act;

(c) a person from amongst public officers or government

experts involved in the economic planning and development of

the country;

(d) a person from amongst officials involved in standard

setting and quality assurance in education;

(e) three persons to represent the interests of education

and training providers and awarding bodies;

(f) two persons, to be nominated by the Malta Council

for Economic and Social Development, one representing

employers’ organizations and one representing trade unions.

(2) The Council members shall be appointed for a period

not exceeding three years and each member may be eligible for re-

appointment.

(3) The Council shall meet as often as may be necessary

or expedient and the quorum shall be five members, including the

chairperson of the Council.

(4) In the absence of consensus, decisions of the Council

shall be taken by a majority of votes of the members present and

voting; in the case of an equality of votes, the chairperson of the

Council shall exercise a casting vote.

(5) Any vacancy among members of the Council shall

not invalidate the proceedings of the Council.

Council Objectives

The overall objective of the Council shall be

(1) to steer the development of the National

Qualifications Framework referred to in regulation 11 and to oversee

the training and certification leading to qualifications within the

Framework and which is not already provided for at compulsory

education institutions or degree awarding bodies.

(2)

The Council will also

(a) establish and maintain a qualifications framework for

the development, accreditation and award of professional and

vocational qualifications, other than degrees, based on standards

of knowledge, skills, competences and attitudes to be acquired

by learners;

(b) promote and facilitate life-long learning access,

transfer and progression;

(c) foster the recognition abroad of professional and

vocational certificates awarded in Malta under these regulations.

(1) The functions of the Council shall be to do all things Functions of the

necessary or expedient in accordance with these regulations to further Council.

the objectives of the Council.

(2) Without prejudice to the generality of sub-regulation

(1) of this regulation, the Council shall

(a) promote and maintain the National Qualifications

Framework and establish the policies and criteria on which the

Framework shall be based;

(b) approve and ensure the publication of national

standards of knowledge, skills, competences and attitudes for

each development sector;

(c) endorse and ensure the publication of the procedures

to be implemented by training agencies offering programmes

of education and training for access, transfer and progression;

(d) ensure that such standards and procedures as are

referred to in these regulations are implemented;

(e) endorse vocational education and training

programmes delivered by training agencies;

(f)

endorse certificates awarded by training agencies;

(g)

keep and issue official records of certificates awarded;

(h) regulate the appointment of technical advisors

appointed by Council; and

(i) perform such other functions as the Minister may

advise from time to time.

(3) In the exercise of its functions the Council shall

ensure full and proper consultation with the authorities and training

agencies responsible for professional, vocational and further

education and training and with the authorities responsible for the

issue of trade licenses.

(4) The publication of standards and procedures referred

to in this regulation shall be in such form and manner as the Council

may prescribe.

(5) In the exercise of its functions as well as in the

implementation of the relevant standards and procedures, the Council

shall ensure adequate communication, transparency, consistency and

fairness.

(1) There shall be a Secretariat to provide the general

administrative services to the Council.

(2)

The functions of the Secretariat shall be -

(a) to co-ordinate the work of Council and keep record

of all meetings;

(b)

to co-ordinate the work of the Technical Advisors;

(c) to maintain a database of national standards of

professional and vocational competencies at specific levels;

(d) to maintain a national database of persons awarded

certificates endorsed by the Council;

(e) to disseminate information on qualifications and

certification to all stakeholders and the public in general.

(1) The Council shall appoint a Chief Executive Officer The

Executive Officer.

for an initial period of five years renewable thereafter for other

periods as the Council may decide.

(2) The Chief Executive Officer shall be responsible for

the day-to-day management of the Council, and shall provide

appropriate support for its meetings and shall implement its decisions.

(3) The Chief Executive Officer shall attend the meetings

of the Council but shall not have a right to vote. During discussions

on matters that may affect her or his contractual relationship with

the Council, the Chief Executive Officer shall withdraw from the

relative discussion in Council.

(4) The Council shall be legally represented by the

Chairperson or the Chief Executive Officer, or by any other official

as the Council may, from time to time, decide.

(1) There shall be established by Council, a list of Technical

Advisors.

technical advisors on standards and qualifications and on assessment

and accreditation from amongst qualified and experienced persons

who are rendering services to leading teaching and training

institutions, or to industrial and commercial economic sectors, to

professional bodies or to other entities, and who are competent in

the areas of competence to be developed and to be kept under review.

(2) The technical advisors shall be engaged by Council

on a temporary basis for specific projects in order to

(a) advise Council on standards and assessment

guidelines and instruments, on proposed learning material and

awarding bodies, on professional development, and on the

accreditation and review of qualifications;

(b) submit to Council for approval, appropriate standards,

assessment guidelines and qualifications and reports related to

paragraph 2(a) of this regulation ;

(c) organize, through the Secretariat of the Council,

regular consultative sessions with representatives of education

and training institutions, established sectors in industry, and

interested social partners with the aim of ensuring relevance,

employability, quality and international recognition.

(1) The Council shall, from time to time, publish a list Publishing of lists.

of training programmes, training agencies, and education institutions

having standards, qualifications and assessment guidelines

recognized under these regulations.

(2) Certificates awarded by programmes, agencies and

institutions referred to in the preceding paragraph of this regulation

shall be endorsed by the Council provided that such programmes,

agencies and institutions conform with the standards, qualifications

and assessment guidelines established by the Council.

(1) There shall be a National Qualifications Framework

approved by the Council with the accompanying Standards, Learning

Pathways and Quality Assurance procedures.

(2) In classifying qualifications and national standards

of knowledge skills, competences and attitudes, the Council shall

be guided by eight levels of qualifications and competence as

indicated in the Schedule to these regulations, describing the levels

of qualifications and competences needed to access further study

and training and to perform work at a specific level.

The Council shall not have the power to grant warrants,

licences or registrations of professions and occupations provided

for under any other law.

The Malta Professional and Vocational Qualifications

Regulations, 2000 are hereby deleted.

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