Professionals Warrant (Amendment) Regulations, 2010

L.N. 106 of 2010

PERITI ACT

(CAP. 390)

Architects and Civil Engineering

Professionals Warrant (Amendment) Regulations, 2010

IN exercise of the powers conferred by article 20 of the Periti

Act, the Minister for Resources and Rural Affairs, after consulting

the Kamra tal-Periti, has made the following regulations:-

(1) The title of these regulations is the Architects

and Civil Engineering Professionals Warrant (Amendment)

Regulations 2010, and they shall be read and construed as one

with the Architects and Civil Engineering Professionals Warrant

Regulations, 2000, hereinafter referred to as “the principal

regulations”.

(2) The purpose of these regulations is to implement

the provisions of the Services (Internal Market) Act, 2009.

For regulation 1 of the principal regulations there shall be

substituted the following

1. “The Title of these regulations is the Periti Warrant

Regulations, 2000”.

In regulation 2 of the principal regulations for the

definition “Act” there shall be substituted the following;

“ “the Act” means the Periti Act;”

Immediately after regulation 2 of the principal

regulations, there shall be added the following new regulations

2A. (1) The Board shall acknowledge the receipt

“Processing of

applications.

of every application as soon as possible and in any case

not later than fifteen days from date of the receipt of the

application

Provided that applications for a warrant may

also be submitted by electronic means on a form

approved by the Board.

(2) In the event that for any reason, the

application for the issue of a warrant is incomplete,

the Board shall inform the applicant and ask him to

submit all the additional documentation necessary

for the application to be processed, together with

the consequences which ensue, should the applicant

delay in providing the said documentation.

(3) If an application for the issue of a

warrant is rejected, because it fails to comply with

the required procedures or formalities, the Board

shall, as soon as possible, inform the applicant in

writing, stating the reasons for its decision.

2B. (1) The Board shall complete the procedure

for examining the application for the issue of a warrant

as early as possible. The Board shall give its reasoned

decision within three months from the date on which the

complete application is received and all the additional

documentation requested is submitted to it.

(2) The Board may extend the original

period of three months referred to in sub-regulation

(1) hereof, once only, for a further period of one

month.

(3) In providing for an extension, the Board

shall give reasons for the extension and shall notify

the applicant of the extension and of the said

reasons prior to the expiry of the original period of

three months.

(4) In the event that the Board does not

give its decision on the application for the issue

of a warrant within the period stipulated in sub-

regulations (1) and (2) hereof, this shall not imply

tacit approval of the application, in that it shall be

deemed as refused on grounds of public interest.

2C. The acknowledgement referred to in

acknowledge-

regulation 2A shall specify

(a) the time period within which the

application shall be processed;

(b)

the available means of redress; and

(c) a statement that in the absence of a

response within the specified time period, the

authorisation shall not be deemed to have been

granted.

2D. (1) Decisions of the Board shall be subject

to appeal before the Administrative Review Tribunal,

established by article 5 (1) of the Administrative Justice

Act.

(2) Unless otherwise provided by the

Administrative Justice Act or any regulations made

thereunder, an appeal from the decision of the

Board shall be made by application and shall be

filed in the Registry of the Administrative Review

Tribunal within twenty days from the date on which

said decision has been notified to the applicant.

2E. (1) Without prejudice to the Mutual

Recognition Qualifications Act, and notwithstanding

the provisions of articles 3 and 4 of the Periti Act, any

person established in another Member State may practise

the profession in Malta on a temporary and occasional

basis subject to further requirements as may be provided

under these regulations, provided that such person

(a) is legally established in another Member

State for the purpose of pursuing the profession in

that Member State; and

(b) has pursued the profession for at

least two years during the ten years immediately

preceding the provision of services where the

profession is not regulated in that Member State.

(2) Persons referred to in sub-article (1) shall

inform the Board by means of a written declaration to be

made in advance which shall include the following

(a) the details of an insurance cover or other

means of personal or collective protection relative

to professional liability. Such declaration shall be

made once a year if the applicant intends to provide

temporary or occasional services during the year;

(b) proof of the nationality of the applicant;

(c) an attestation certifying that the warrant

holder is legally established in a Member State for

the purpose of pursuing the activities concerned

and that he is not prohibited from practising the

profession even temporarily, at the moment of

delivering the attestations;

(d) evidence of professional and academic

qualifications; and

(e) where applicable, any means of proof

that the applicant has pursued the profession for

at least two years during the previous ten years

immediately preceding the provision of services.

(3) Where the Board, in exercising its authority

under this article, deems that there is a substantial

difference between the professional qualifications of the

applicant and the academic qualifications required under

article 3(2)(d)(i) of the Periti Act, to the extent that the

difference is such as to be harmful to public health,

safety and security, the Board shall give the applicant

the opportunity to show, in particular by means of an

aptitude test, that he has acquired the knowledge or

competence which he lacks.

(4) The Board shall assess whether a provider

is exercising his freedom to provide services within

the meaning of this article and Article 49 of the

Treaty establishing the European Community, or is

an establishment case, on a case-by-case basis and

in conformity with Community law and rulings of the

European Court of Justice.

(5) (a) The Board shall give its decision within

one month from the date of receipt of the declaration

referred to in sub-article (2).

(b) Whenever a decision could not be given

during the established time, the Board shall notify

this information to the applicant within the period

established in paragraph (a). The Board shall

extend this period only once for another period of

one month.

(c) In the event that the Board does not

give its decision within the period referred to in

paragraph (b), the services falling under this article

may be provided.

(6) A person exercising the profession under this

article shall be deemed to be a warrant holder and the

provisions of the Periti Act, and of any other law shall

apply to him in the same manner and to the same extent

as with any other warrant holder.”.

In subregulation (2) of regulation 10 of the principal

regulations, for the words “Architecture and Civil Engineering

Professionals (Periti) Act”, there shall be substituted the words

“Periti Act”.

The Schedule to the principal regulations shall be

amended as follows

(a) for the title thereto, there shall be substituted the

words “Practical Training Log-book in terms of the Periti

Warrant Regulations”;

(b) in item 3 the words “Architects and Civil

Engineering Professionals (Periti) Act” shall be substituted

with the words “Periti Act”; and

(c) in item 4 the words “warrant as an Architect and

Civil Engineer” shall be substituted with the words “warrant

as a Perit”.