Tourist Guides Regulations, 2010

L.N. 288 of 2010

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Tourist Guides Regulations, 2010

IN exercise of the powers by article 47 of the Malta

Travel and Tourism Services Act, the Prime Minister, on the

recommendation of the Malta Tourism Authority, has made the

following regulations.

The title of these regulations is the Tourist Guides

Regulations, 2010.

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Tourist Guide Licence.

Mr/Mrs/Miss ………………………………………………………………………

This is to certify that the above-mentioned person ……………………………….

of ………………………………………………………………………………….

is hereby licensed to act as a tourist guide in

(a)

the following languages;

(b)

in the special designated locations

……………………………………………………………………….

In accordance with the provisions of the Malta Travel and Tourism Services Act

(Cap.409).

This licence expires on the 31st December …………………

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PHOTO OF

LICENSEE

Date: ………………………… Registration / Licence No. …………………………

Signed on behalf of the Malta Tourism Authority : …………………………………

In these regulations, unless the context otherwise

requires:–

“the Act” means the Malta Travel and Tourism Services

Act;

“the Authority”, “organised excursion”, “organised

excursion operator” and “tourist guide” have the same

meaning as given to them in the Act;

“identity document” means the identity document issued

by the Authority in terms of regulation 6;

“operator” means organised excursion operator;

“register of tourist guides” means the register kept by

the Authority in terms of regulation 3;

“special designated location” means any one of the

places shown in the Second Schedule;

“temporary service provider” means any person, other

than a licence holder, seeking to act or provide services as a

tourist guide on a temporary and occasional basis in Malta.

Special Designated Locations

All prehistoric sites.

All museums and museum sites.

All places of worship currently or formerly used as such.

Calypso’s cave and Dwejra in Gozo.

All fortifications of any period currently or formerly used as such.

Walled cities except walk-throughs.

All UNESCO Heritage sites which include the Hypogeum, Ggantija Temples, Ta’

Hagrat, Skorba, Hagar Qim, Tarxien Temples and Valletta

€1.49

(1) No person shall act or provide services as a tourist Licence to act as a

guide, or use the title “tourist guide” unless he is licensed or tourist guide.

recognised to be licensed as such by the Authority in terms of

these regulations.

(2) The Authority shall keep a register of persons who

are licensed, or otherwise legally allowed to act as tourist guides.

Such register shall be made public by the Authority.

(3)

Any person who, to the satisfaction of the

Authority:-

(a) possesses any relevant qualification to act as

tourist guide in Malta; or

(b) demonstrates that he has the practical and

theoretical competencies and experience deemed and

recognised to be equivalent to paragraph (a) hereof by the

Authority;

(c) is at least eighteen years of age; and

(d) is of a good character standing and is a fit and

proper person to act as a tourist guide,

shall be entitled to be licensed as a tourist guide and be enrolled in

the said register of tourist guides.

(4) An application for a licence to act as a tourist

guide shall be made to the Authority and shall be accompanied by

(a) a copy of the applicant’s identity card or passport;

(b)

a recent certificate of conduct of the applicant;

(c) a certificate or diploma proving successful

completion of a qualification programme for tourist guides

at least at Level 3 of the National Qualifications Framework,

attained from a training institution recognised by the

Authority or equivalent; or

(d) proof of competence equivalent to the successful

completion of a training programme under paragraph (c),

attested by a pass in practical and theoretical assessments,

which shall be written and oral and being set for the purpose

by the Authority, or by any other person on its behalf, from

time to time

Provided that where the Authority considers that the

equivalence of the qualification certificate or diploma required

under paragraph (c) is only partial, it shall be possible for the

applicant to prove his competence in the areas where it is

deemed to be lacking by means of any assessment set by the

Authority under paragraph (d);

(e) an application fee of twenty-five euro payable to

the Authority.

(5) Any person who, on the coming into force of these

regulations, holds a valid licence issued by the Authority to act as a

tourist guide shall be deemed to be licensed for the purposes of this

regulation.

(6) A licence issued or recognised as valid under this

regulation shall remain valid for three years from the date of issue

and shall be renewed by the Authority subject to the Authority’s

satisfaction of the continued compliance with these regulations by

the licence holder.

(7) For the purposes of paragraph (c) sub-regulation

(4) hereof, and with the aim of enhancing the quality of tourist

guiding services in Malta in line with Government policy, the

Authority may, in consultation with the Minister, require that the

level of training for tourist guides to be recognised by the Authority

for the purposes of attaining a licence by applicants in terms of

regulation 3 hereof, be of a higher level

Provided that such requirement shall be published in the

Gazette at least six months before it becomes applicable.

(8) Licenced tourist guides shall be required by the

Authority to undergo continued professional development training

during their licence term.

(9) The Authority shall from time to time establish

what training courses, content and number of hours shall qualify

as continued professional development training for the purpose of

sub-regulation (8) hereof.

(10) The Authority may, from time to time, organise

such courses, seminars or other activities, for the continuing

professional development of tourist guides.

(11) The Authority may suspend the licence of tourist

guides who fail to undergo the continued professional development

training in terms of sub-regulation (8) of this regulation.

(1) No person shall act as a tourist guide in special

designated locations unless he is licenced in terms of regulation

3 and he is in possession of a specific licence issued by the

Authority to act as a tourist guide in special designated locations

in terms of this regulation.

(2) A person shall qualify for a licence to act as

a tourist guide in special designated locations in terms of this

regulation if he demonstrates, to the satisfaction of the Authority,

that he possesses specific skills and knowledge on the cultural and

natural heritage as well as the environment of the relevant specific

designated location or locations for which the application is being

made.

(3) For the purposes of sub-regulation (2), the

Authority shall consider the level of outcome attained by the

applicant in the certificate or diploma referred to under regulation

3 (4) (c) or in the assessments referred to in regulation 3 (4) (d),

or their equivalent, in the parts that are relevant to any specific

designated location for which a specific licence is being applied for

in terms of this regulation.

(4) Any person who, on the coming into force of these

regulations, is licensed as a tourist guide for any or all special

designated locations by the Authority, shall be deemed to be

licensed as a tourist guide under these regulations for the special

designated locations to which the licence was given.

(5) A licence issued under this regulation may either

be in relation to all special designated locations or to any or more

of them.

(6) A licence issued under this regulation shall be in

the form set out in the First Schedule and shall be valid for three

years from the date of issue and shall be renewed by the Authority

subject to the continued compliance with these regulations.

(1) An application for a licence under these regulations

shall be made to the Authority on the forms provided by the

Authority for the purpose.

(2) The Authority shall, without delay, acknowledge

receipt of an application for a licence to the applicant and shall

specify

(a) the periods mentioned in sub-regulations (3)

and (4) of this regulation within which the Authority shall

determine the outcome of the application;

(b) the procedure under which a refusal by the

Authority to issue a licence to the applicant may be appealed

by the latter in terms of the provisions of the Third Schedule

to the Act, on payment of the fee set out in the Fees (Tourism) L.N. 125 of 2002.

Regulations, 2002;

(c) that the applicant shall be deemed to be licensed

in the event the Authority does not determine an application

within the periods mentioned in sub-regulations (4) and (5).

(3) In case of an incomplete application, the Authority

shall, without delay, inform the applicant of the need to supply any

additional information or documentation, and that the Authority

shall not commence processing the application unless the Authority

receives a complete application form

Provided that an application shall not be deemed to be

complete unless the Authority has received all the documentation

required to be submitted under regulation 3 or regulation 4 together

with the required completed application form.

(4) The Authority shall determine whether to issue a

licence to an applicant within sixty days from the date of receipt of

a complete application.

(5) The period mentioned in sub-regulation (4) may,

prior to its expiry, be extended by the Authority for one period of

not more than thirty days. Such extension and the reasons thereof

shall be notified to the applicant without delay.

(6) In the event that the Authority has not determined

an application on the expiration of the period referred to in sub-

regulation (4), or on the expiration of the extended period

mentioned in sub-regulation (5), the applicant shall be deemed to

be licensed.

(1) The Authority shall issue an identity document

to a tourist guide licensed under these regulations. The identity

document shall contain a photograph of the tourist guide and such

other information as the Authority may deem necessary. This shall

include, inter alia, his name, registration number, term of validity,

and the special designated locations for which the tourist guide is

licensed.

(2) The identity document shall remain the property

of the Authority and shall be returned to the Authority on

the suspension or revocation of a licence issued under these

regulations.

(3) A tourist guide shall, at all times, while guiding or

conducting an organised excursion, wear the identity document in

a conspicuous manner.

(4) Any person making use of any identity document

issued to another person, or who fails to return the identification

document when so requested by the Authority, shall be guilty of an

offence against these regulations.

(1) A temporary services provider shall not be

prohibited from providing tourist guiding services on a temporary

and occasional basis in Malta, insofar as the temporary service

provider

(a) is legally established in any Member State for the

purposes of providing tourist guiding services

Provided that where the provision of tourist guiding

services, or the practical and theoretical training leading

to the qualification as a tourist guide is not regulated in the

Member State where he is legally established, the temporary

service provider shall not be prohibited from providing

temporary and occasional services in Malta as a tourist guide

if he has provided such services in the Member State where

he is legally established for at least twenty-four months

during the ten years preceding the provision of same services

on a temporary and occasional basis in Malta;

(b) has the necessary knowledge of the language or

languages necessary for providing tourist guiding services in

Malta; and

(c) has submitted to the Authority a written declaration

and the documentation provided for in sub-regulations (3) and

(4) hereunder.

(2) The determination of whether tourist guiding

services are being provided on a temporary and occasional basis

in Malta shall be assessed by the Authority on a case by case basis,

taking into account all relevant circumstances, including but not

limited to, frequency, regularity, and continuity, in conformity with

Community law.

(3) A temporary service provider shall, prior to the date

of commencement of the provision of tourist guiding services in

Malta on a temporary and occasional basis, submit to the Authority

a written declaration in such a form established by the Authority

for the purpose, setting out the following information

(a) the full name of the temporary service provider;

(b) the full legal address of the temporary services

provider;

(c) if applicable, the name and details of the national or

regional register in which the service provider is enrolled, his

registration number, or any equivalent means of identification

contained in that register;

(d) the details of any professional association or

similar body with which the temporary service provider is

registered or is a member thereof; and

(e) the professional title or designation used, or in

the event that such title or designation does not exist, the

formal qualification of the temporary service provider which

entitles him to act as a tourist guide in the Member State

of his establishment, and the Member State in which it was

awarded.

(4) In addition to the written declaration mentioned

in sub-regulation (3) hereof, the temporary service provider shall

submit to the Authority the following documents

(a)

evidence of his nationality;

(b)

an attestation from the relevant competent

authority in the Member State of his establishment that he is

legally established in that Member State for the purposes of

pursuing tourist guiding services and that he is not prohibited,

even temporarily from providing such services;

(c) in the situation mentioned in the proviso to

regulation 7 (1) (a), evidence that the temporary service

provider has provided tourist guiding services for at least

twenty four-months during the previous ten years;

(d) evidence of the formal qualification which entitles

him to act as a tourist guide in the Member State of his

establishment;

(e) in cases where the temporary service provider

intends to offer tourist guiding services in any special

designated location, evidence of his knowledge of such

special designated location as is mentioned in regulation 4, or

equivalent.

(5) Where, due to a material change in the status of

the temporary service provider, the written declaration and the

documents submitted with the declaration to the Authority no

longer effect such status, the temporary service provider shall

submit to the Authority an updated written declaration or the

documents reflecting such change in status within fifteen days from

the date when such change occurred.

(6) Where a temporary service provider wishes to

provide tourist guiding services in the calendar year immediately

following the year in which the written declaration has been filed

or re-filed, as the case may be, such written declaration shall be

renewed by the temporary service provider;

Provided that, in any case, a new written declaration

shall be submitted prior to the commencement of the provision of

tourist guiding services in Malta in that particular year.

(7) (a) A temporary service provider shall, when

providing tourist guide services in Malta on a temporary and

occasional basis, be entitled to use the professional title or

designation, and wear such identification as if he was providing

services in the Member State in which he is legally established.

The identity document shall include the name and address of the

relevant licencing authority.

(b) The professional title or designation shall be

indicated in the official language or one of the official languages of

the Member State where the temporary service provider is legally

established.

(c) Where no professional title or designation is

used in the Member State in which the temporary service provider

is legally established, he shall indicate his formal qualification

in the official language or one of the official languages of that

Member State.

(8) The Authority shall enter the name and title of

temporary service providers who have made written declarations

to the Authority to provide tourist guiding services in Malta during

any current year, in terms of this regulation in a section of the

register referred to in regulation 3 designated for the purpose.

(1) It shall be the duty of a tourist guide to conduct or

guide an organised excursion in a professional manner.

(2) An organised excursion shall be conducted in

accordance with the itinerary set by the operator. A tourist guide

may, in exceptional circumstances and for a valid reason, vary the

itinerary.

(3) A tourist guide shall, except when free time is

allowed, accompany the organised excursion at all times.

(4) The Authority may, in consultation with the

recognised professional body or bodies representing tourist guides,

establish codes of conduct or any other codes in order to ensure the

advancement of quality of services offered by tourist guides.

(1) Operators shall provide tourist guides with

(a) free transportation on the vehicle or boat being

used for the conduct of the organised excursion;

(b) a free meal when conducting a whole day organised

excursion or an allowance to be agreed upon when lunch is

not included in the full day tour;

(c) free entry to places of interest during the organised

excursion.

(2) Operators shall, as far as practicable, make

arrangements for a tourist guide to be called for and left in the

vicinity of his residence at the commencement and termination of

an organised excursion.

(1) Unless having a special permission in writing from

the Authority, no tourist guide shall be in charge of a party of more

than fifty-two persons.

(2) When an organised excursion is undertaken by

coach, boat or other vehicle -

(a) only one tourist guide shall be required for each

coach, boat or other vehicle; and

(b) no tourist guide shall be in charge of more than one

coach, boat or other vehicle or of more persons than permitted

for an organised excursion undertaken by such coach, boat or

other vehicle.

An operator shall engage the services of a tourist guide

for any of the following excursions

(a) a half-day excursion not exceeding four hours;

(b) a whole day excursion not exceeding eight hours

(inclusive of the time allowed for lunch);

(c)

a night excursion not exceeding five hours; or

(d) an excursion from Malta to Gozo, or vice-versa,

not exceeding nine hours

Provided that in particular circumstances, the operator

and the tourist guide may agree that the duration of an

excursion shall differ from the above mentioned.

(1) Without prejudice to any other requirement

emanating from any other law that may be current at the time, the

engagement of a tourist guide may be subject to an agreement in

writing between the operator and the tourist guide. The following

provisions shall be deemed to be included in an agreement between

the operator and the tourist guide unless excluded in the writing

(a) when the operator cancels the engagement of

a tourist guide within less than twenty-four hours from the

commencement of the organised excursion, the operator shall

pay the tourist guide, a penalty equivalent to the fee due for

such an excursion;

(b) (i) when the tourist guide is unable to honour

his commitment and fails to provide the operator with the

services of a similarly qualified and licensed tourist guide as

a replacement for the organised excursion, and moreover fails

to advise the operator at least twenty-four hours prior to the

commencement of the organised excursion, the tourist guide

shall, without prejudice to the provision of regulation 14 (2),

pay the operator, a penalty equivalent to the fee due for such

an excursion;

(ii) such penalty shall not be due if the tourist

guide fails to honour his commitment on medical grounds,

supported by an appropriate medical certificate which is to be

submitted to the operator within forty-eight hours of the date

of the tour.

(2) A tourist guide who, without a valid reason, fails

to fulfill an engagement, shall be guilty of an offence against these

regulations.

An organised excursion shall be deemed to start at the

time the guide is requested to report to commence his duties and is

deemed to end when the last passenger leaves the tour.

(1) In the case of a tourist guide conducting an

organised excursion from Malta to Gozo or vice versa, where the

return journey on the conclusion of the excursion cannot be made

because of unavailability of transport, the tourist guide shall be

provided with adequate board and lodging for the overnight stay.

The tourist guide shall also be paid additional remuneration as

contracted beforehand between the tourist guide and the operator,

for the overnight stay.

(2) In the cases referred to in sub regulation (1) hereof,

a tourist guide who has been engaged for an organised excursion on

the following day and who, because of the overnight stay, cannot

honour his commitment, shall immediately inform the relative

operator of the said event. In such cases, the cancellation fee, as

referred to in regulation 12, shall not apply.

A tourist guide shall, at no charge and when so

requested by the person engaging his services, submit a detailed

written report on the organised excursion within one week from

the excursion, or within such other longer period as may be agreed

with the operator.

When, in the course of an organised excursion,

reasonable free time is allowed, no tourist guide may show a

preference for any particular retail outlet, or direct tourists under

his charge to any particular retail outlet.

(1) The fees charged by a tourist guide for providing

tourist guide services and conducting an organised excursion

shall be previously agreed upon between the tourist guide and the

operator or the person or agency engaging the tourist guide.

(2) (a) A tourist guide shall not conduct an organised

excursion in more than two languages.

(b) When the tourist guide is required to conduct

an organised excursion in more than one language, he shall be

entitled to additional remuneration, which unless otherwise

previously agreed upon between the tourist guide and the operator

or the person or agency engaging the tourist guide, shall be of

15% of the agreed fee for the additional language used during the

excursion.

(c) When a tourist guide is required to conduct an

organised excursion on Sundays or other public holidays, he shall

be entitled to additional remuneration.

(1) Where the Authority is satisfied that a tourist guide

has: -

(a) behaved in an improper manner not befitting the

duties and responsibilities of a tourist guide; or

(b) acted in contravention of any of the provisions of

the Act, or of these regulations, or has failed to do something

which he is required to do by the Act or by these regulations;

or

(c) been convicted of an offence under the Act or

under these regulations, or of any other offence which in the

opinion of the Authority renders him unfit to continue to act

as a guide or reflects adversely on the status of a tourist guide,

the Authority may, having regard to the circumstances of the case,

suspend or revoke the licence issued to such tourist guide, giving

such reasons for such suspension or revocation of licence.

(2) In the case of any suspension, as is referred to in

sub-regulation (1), such suspension shall not exceed a period of

five years.

(3) Where the licence of a tourist guide has been

cancelled or revoked in terms of sub-regulation (1), the tourist

guide shall not be eligible to re-apply for a licence before the lapse

of the period of such cancellation or revocation.

(1) Before refusing to grant or renew license or

before suspending or cancelling any license in accordance with

th provisions of the Act and of these regulations, the Authority

shall inform the applicant or the licensee, as the case may

be, of its intention and shall give him an opportunity to make

representations.

(2) If an applicant, or a tourist guide, or a temporary

service provider is aggrieved by any decision of the Authority, he

may lodge an appeal from such a decision in accordance with the

provisions of the Third Schedule to the Act, on payment of the fee

set out in the Fees (Tourism) Regulations, 2002.

(1) Without prejudice to the provisions of regulation

19, any person who fails to comply with any of the provisions of

these regulations, shall be guilty of an offence and shall be liable

on conviction, to a fine (multa) not exceeding one thousand and

two hundred euro (1,200).

(2) The provisions of article 45 of the Act shall apply

to offences committed against these regulations.

(1) The Tourist Guides Services Regulations 2002 are

hereby being revoked.

2002. (2) Any licence issued in terms of the Tourist Guides

Service Regulations, 2002, which is still in force immediately

before the revocation referred to in sub-regulation (1), shall

continue to be in force thereafter as if it were a licence granted in

terms of the provisions of these regulations.

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