Institution of Tourism Studies Regulations, 2012

L.N. 131 of 2012

EDUCATION ACT

(CAP. 327)

Institution of Tourism Studies Regulations, 2012

IN EXERCISE of the powers conferred by article 132 of the

Education Act, the Minister of Education and Employment has made

the following regulations:-

The title of these regulations is the Institution of Tourism

Studies Regulations, 2012.

The object of these regulations is to regulate and provide

for matters related to the Institution of Tourism Studies in accordance

with article 132(2) of the Education Act as an entity established in

terms of article 2 of the Education Act.

(1)

In these regulations, unless the context otherwise

requires:-

"the Act" means the Education Act;

"award" has the same meaning assigned to it by the Act or by

regulations made thereunder for the purpose of establishing the Malta

Qualifications Framework;

"Board of Governors" means the Board established by

regulation 9;

"Board of Studies" means the Board established by regulation

"the Chairman" means the Chairman of the Board of Governors

of the Institution of Tourism Studies;

"the Deputy Chairman" means the Deputy Chairman of the

Board of Governors of the Institution of Tourism Studies;

"the Director" means the Executive Director of the Institution of

Tourism Studies with such functions and responsibilities as

established in regulation 19;

"the Institution" means the Institution of Tourism Studies;

"Malta Qualifications Framework" has the same meaning

assigned to it by article 63 of the Act;

"the Minister" means the Minister responsible for education;

"the Permanent Secretary" means the person appointed to

supervise educational provision in Malta in terms of the Public Cap. 497.

Administration Act;

"the Principal Permanent Secretary" means the person appointed

in terms of article 14 of the Public Administration Act;

"programme" has the meaning assigned to it by article 63 of the

Act;

"provider" has the meaning assigned to it by article 63 of the

Act;

"qualification" has the same meaning assigned to it by article 63

of the Act;

The provisions of these regulations shall be without General.

prejudice to the functions of the Principal Permanent Secretary under Cap. 497.

the Public Administration Act and to his powers to issue directives

and guidelines with respect to government agencies.

(1)

In accordance with the Institution’s status as an Legal

entity established in terms of article 2 of the Act, the Institution shall personality

juridical

be a body corporate having a distinct legal personality and shall be representation

of the

capable, subject to the provisions of the Act and of these regulations, Institution.

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

kind of property for the purposes of its functions, of suing and being

sued, and of doing all such things and entering into all such

transactions as are incidental or conducive to the exercise or

performance of its functions under the Act and these regulations.

(2) The legal and juridical representation of the Institution

shall vest in the Director, provided that the Board of Governors may

appoint any one or more of its members or of the officers or

employees of the Institution to appear in the name and on behalf of

the Institution in any judicial proceedings or in any act, contract,

instrument or any other document.

(3) The Institution shall assume the legal personality

previously vested in the Institute of Tourism Studies Department

within the Ministry responsible for education and, from the entry into

force of these regulations, shall assume responsibility for all assets,

liabilities and obligations previously entered into by the said

Department or by other bodies on its behalf.

The official languages of the Institution are Maltese and Official

English. The Institution may use either of both languages for official languages.

purposes.

The Institution shall have as its mission to develop

persons through quality learning to achieve excellence in tourism.

(2) In fulfilling its mission the Institution shall adhere to the

following principles

(a)

the provision of a learner-centred curriculum and

which promotes creativity, innovation, participation, reflection,

personal independence and the holistic development of learners;

(b)

the provision of an inclusive learning environment,

ensuring equitable access to all persons irrespective of any

(c)

the promotion of professional development through

lifelong learning opportunities for all types of learners;

(d)

the provision of individual guidance and mentoring

to learners;

(e)

the development of specialised technical,

leadership and entrepreneurial skills in line with trends and

requirements of the tourism industry;

(f)

the promotion of internationalisation, with a

holistic understanding of differences between local and foreign

(g)

the requirement of performance of ethical and

environmentally conscious practices and a commitment towards

professionalism and health and safety in the place of work;

(h)

the ongoing development and strengthening of

tourism studies as a key element of vocational education in

(i)

through its operations, the promotion of Malta as a

place of educational tourism and the promotion of tourism in

Malta generally.

The Institution shall provide the following courses

and programmes of learning including practical and work experience,

that lead to recognised qualifications in accordance with the Malta

Qualifications Framework, in trades, skills, and professions as may be

necessary in the tourism, restaurants and the catering industry and

services, including by distance learning and or by any other effective

means and from any suitable place according to the objective of the

course or programme

(i) at the levels up to and including level 5 of the

Malta Qualifications Framework; and

(ii) with the approval of the Minister, at levels 6

to 8 of the Malta Qualifications Framework

Provided that such courses and programmes shall also

include suitable course and programme options for industry pre-

entrants and specialised programmes for personnel in the tourism

(b) The Institution shall ensure the following

(i) that the courses and programmes provided in

accordance with paragraph (a) aim to develop technical,

generic and behavioural skills and competencies, integrate

theory and practice and promote modern leadership

approaches;

(ii) that the work placements for learners which

are established as part of the courses and programmes

referred to in paragraph (a) are provided according to

established quality standards as required by the Institution.

(1)

L-Istituzzjoni għandha l-missjoni li tiŜviluppa Għanijiet.

persuni permezz ta’ tagħlim ta’ kwalità sabiex tinkiseb l-eëëellenza

fit-turiŜmu.

(2) Meta tkun qegħda twettaq il-missjoni tagħha l-Istituzzjoni

għandha tħares dawn il-prinëipji li āejjin

(a)

il-provvista ta’ kurrikulu bbaŜat fuq il-ħtigiet ta’

min ikun qed jitgħallem u li jippromwovi l-kreattività, l-

innovazzjoni, il-parteëipazzjoni, ir-riflessjoni, l-indipendenza

personali u l-iŜvilupp ħolistiku ta’ min ikun qed jitgħallem;

(b)

il-provvista ta’ ambjent ta’ tagħlim inklussiv, li

jiŜgura l-aëëess ekwu għal kulħadd irrispettivament minn kull

diversità;

il-promozzjoni ta’ Ŝvilupp professjonali permezz

(ë)

ta’ opportunitajiet ta’ tagħlim tul il-ħajja għal kull xorta ta’

individwi li jkunu qed jitgħallmu;

(d)

il-provvista ta’ gwida individwali u mentoring lil

min ikun qed jitgħallem;

l-iŜvilupp ta’ ħiliet tekniëi, ħiliet ta’ tmexxija u

(e)

intraprenditorjali li jkunu jimxu max-xejriet u l-ħtiāiet tal-

industrija tat-turiŜmu;

(f)

il-promozzjoni

tal-internazzjonalizzazzjoni,

b’ftehim ħolistiku tad-differenzi bejn kulturi lokali u barranin;

(g)

il-ħtieāa tat-twettiq ta’ prattiëi etiëi u li jagħtu kaŜ

tal-ambjent u impenn lejn il-professjonaliŜmu u s-saħħa u s-

sigurtà fuq il-post tax-xogħol;

(h)

l-iŜvilupp dejjem kontinwu u t-tisħiħ tal-istudji

turistiëi bħala element ewlieni tal-edukazzjoni vokazzjonali

f’Malta; u

(i)

permezz tal-operazzjonijiet tagħha, il-promozzjoni

ta’ Malta bħala post ta’ turiŜmu edukattiv u l-promozzjoni tat-

turiŜmu f’Malta b’mod āenerali.

(3) (a)

L-Istituzzjoni għandha tipprovdi dawn il-korsijiet u

programmi ta’ tagħlim li āejjin inkluŜa esperjenza prattika u dik ta’

fuq ix-xogħol, li jwasslu għal kwalifiki rikonoxxuti skont il-Qafas

Malti tal-Kwalifiki, fi snajja’, ħiliet, u professjonijiet kif jista’ jkun

meħtieā fit-turiŜmu, fir-ristoranti u fl-industrija u servizzi tal-ikel,

inkluŜ bit-tagħlim mill-bogħod jew b’kull mezz effettiv ieħor u minn

kull post adatt, skont l-għan tal-kors jew tal-programm

(i) fil-livelli sa u inkluŜ il-livell 5 tal-Qafas Malti

tal-Kwalifiki; u

(ii) bl-approvazzjoni tal-Ministru, fil-livelli 6 sa

8 tal-Qafas Malti tal-Kwalifiki

IŜda dawk il-korsijiet u programmi għandhom ikunu

jinkludu wkoll għaŜliet fil-kors u fil-programm li jkunu adatti għal

min ikun ser jidħol fl-industrija u programmi speëjalizzati għal

persunal fl-industrija tat-turiŜmu;

L-Istituzzjoni għandha tiŜgura dan li āej

(b)

(i) li l-korsijiet u programmi li jiāu provduti

skont il-paragrafu (a) jkollhom l-għan li jiŜviluppaw ħiliet

u kompetenzi tekniëi, āeneriëi u ta’ aāir, li jintegraw it-

teorija u l-prattika u li jippromwovu metodi ta’ moderni ta’

tmexxija;

(ii) li l-work placements għal min ikun qed

jitgħallem li jkunu stabbiliti bħala parti mill-korsijiet u l-

programmi msemmija fil-paragrafu (a) jiāu provduti skont

standards ta’ kwalità stabbiliti skont il-ħtiāiet tal -

Istituzzjoni;

(1) The governing bodies of the Institution shall be the Governing

Bodies of the

following

Institution.

(a)

the Board of Governors; and

(b)

the Board of Studies.

(2) The principal officers of the Institution are

(a)

the Chairman;

(b)

the Director;

(c)

the Deputy Director;

(d)

the Head of Academic Affairs;

(e)

the Head of Administration;

(f)

the Registrar;

(g)

the Heads of Departments; and

(h)

the Branch Managers.

(1)

The Board of Governors shall be the highest

governing body of the Institution. It shall be composed of not less

than seven and not more than nine members to be appointed by the

Minister for a period of three years and the members shall be eligible

to be re-appointed after their term of office expires. The members of

the Board shall serve in their personal capacity.

(2) The Minister shall appoint from among the members of the

Board of Governors a Chairman and a Deputy Chairman. Where the

Chairman is abroad or for any other reason, for a temporary period, is

unable to perform his functions, the Deputy Chairman shall act as

Chairman and shall perform the powers and functions of the

Chairman.

(3) The Director shall have a right to attend the meetings of

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

he shall withdraw from each meeting where matters concerning him

personally are discussed.

(4) The members of the Board of Governors shall be such

persons having competence or experience in the education sector,

vocational training, the tourism industry, entrepreneurship, tourism

policy or macro level tourism planning, and who, in the opinion of the

Minister, possess leadership qualities, and have an understanding of

the importance of tourism studies within the context of general socio-

economic development

Provided that the Minister shall nominate as members of

the Board of Governors such persons to represent the interests of any

of the branches of the Institution, as may be required.

(5) A member of the Board of Governors may at any time be

removed from office by the Minister on the grounds of inability to

perform the functions of his office as required, either because of

mental disorder or physical illness, or for any other reason due to

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

to bad conduct.

(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

or should the office of any member become in any manner vacant, the

Minister 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 reappointed.

(7) 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

number of members of the Board of Governors plus one.

(8) Subject to the provisions of the Act and of these

regulations, the Board of Governors may appoint committees and

generally regulate its own procedures.

(9) The Board of Governors shall appoint a Secretary to keep

minutes and a record of the meetings and of its decisions.

(10) The Board of Governors shall meet at least once every two

months.

(11) The Board of Governors shall take all necessary

precautions and treat information on commercially sensitive matters

in a highly confidential manner in its relations with both public and

private entities that may be concerned.

(1) The Board of Governors shall have the duty of Functions and

performing the objectives and to exercise the powers of the Institution powers

Board of

as provided in the Act and in these regulations, and shall in particular Governors.

have the following functions

(a)

to develop the direction, strategy and image of the

Institution and any of its branches, including the adoption of

periodic development plans for the Institution and its branches;

(b)

to acquire, administer and control the resources,

facilities and property, both movable and immovable, of the

Institution, including the procurement and utilisation of

resources for the running of the Institution and any of its

branches;

(c)

to distribute between the departments and any

branches within the Institution, as the case may be, the

resources available to the Institution by way of funds and by

way of premises, facilities, services, equipment and persons;

(d)

to liaise with the tourism industry and other

organisations in its endeavour to constantly monitor and

develop learners’ needs;

(e)

to assist and advise the Director in achieving a

level of excellence in the standards of the Institution’s courses

and programmes in order to empower the Institution’s graduates

to succeed in commanding challenging and rewarding careers in

the Tourism Industry;

(f)

to assist the Director in ensuring that that the

Institution adheres to the requirements of the National

Commission for Higher Education and the Malta Qualifications

Council, as provided in the Act or any regulation made

thereunder and to national policies and strategies in education or

tourism as adopted by Government from time to time;

(g)

subject to the provisions of regulation 7, to

establish courses, programmes, departments, specialised

centres, libraries, practical work stations, offices and other

structures within the Institution for fulfilment of the mission of

the Institution

Provided that the courses, programmes and

departments may only be established by the Board of Governors

following consultation with the Board of Studies.

(h)

with the approval of the Minister, to constitute

branches of the Institution in Malta, Gozo and abroad;

(i)

to determine, in accordance with the requirements

of the Malta Qualifications Framework, the conditions for

admission into a programme or course provided by the

Institution;

(j)

to provide appropriate procedures

for

the

assessment and certification of learners;

(k)

to supervise the expenditure and the administration

of the Institution at all levels and to approve the annual budget

proposals to be submitted to the Minister within a given time;

(l)

to appoint the Director, and on his advice, also to

appoint all other principal officers of the Institution;

(m)

to set up, and abolish, any post of an academic or

other nature and make appointments thereto;

(n)

to make guidelines and establish procedures

concerning the performance and the conduct of students,

teachers and other persons entrusted with rendering any service

at the Institution, whether engaged by an indefinite or a definite

contract of service, or by a contract for service, or if seconded or

on loan to the Institution by government, public or private

entities;

(o)

to make guidelines to establish rules relating to any

programme or course provided by the Institution;

(p)

to make any other guidelines, rules and procedures

as provided in these regulations;

(q)

to appoint Maltese or foreign examiners according

to pre-established guidelines and procedures, and to ensure that

payment is effected for their service;

(r)

to ensure that proper academic and training levels

are retained and improved upon;

(s)

to establish internal quality assurance schemes as

required by the Act or any regulation made thereunder and

required auditing procedures for the operations of the

Institution;

(t)

to endeavour to undertake relevant projects of a

cross-border nature and to enter into such agreements as appear

to it necessary with public of private entities related to tourism

or tourism education and with learning institutions in Malta and

overseas for the fulfilment of the mission of the Institution;

(u)

through the Ministry responsible for education in

cooperation with, where necessary, the Ministry responsible for

tourism, to publicise and promote the Institution’s policies,

plans, courses, programmes and operations in a manner which

establishes the Institution and its branches as a vital element of

the Malta Tourism infrastructure;

(v)

to establish ancillary activities related to tourism

with the direct purpose of enhancing the learning experience of

learners and to work actively towards the expansion of the

commercial aspects and the international dimension of the

Institution;

(w)

to set up within the Institution, as and when

appropriate, a residence conducive to the mission of the

Institution including within it any of the services provided by

the Institution to the public;

(x)

to perform any other function which it may deem

necessary to execute the powers and functions of the Institution

which are not, by means of these regulations, vested in another

governing body of the Institution; and

(z)

to undertake any other function assigned to it by

the Minister from time to time.

(2) The Board of Governors shall also approve the curricula

and the syllabi submitted by the Board of Studies and, where it deems

it so necessary, to revert the same to such Board of Studies together

with its advice about any proposed amendments.

(3) The Board of Governors shall, where so approved by the

National Commission for Further and Higher Education, certify the

capabilities for the exercise of a trade, calling and profession, and

also of proficiency in any trade, technical work, technology, or any

other commercial or economic activity related to tourism.

(4) The Board of Governors shall ensure that the awards of the

Institution are recognised both at a national and at an international

level, and that, wherever applicable, are related to the standards

established in the Malta Qualifications Framework.

The Board of Studies shall be constituted of the following

members

(a)

the Director who presides ex officio;

(b

the Deputy Director ex officio;

(c)

the Head of Academic Affairs ex officio;

(d)

the Registrar ex officio;

(e)

the Heads of the Department ex officio;

(f)

one member elected by and from among the

academic staff;

(g)

one member, being the president of the Institution’s

primary student association, elected by and from among the

learners in the Institution; and

(h)

two members from among the members of the

Board of Governors.

(1)

The Board of Studies shall be responsible for the

general direction of the provision of programmes and courses of the

Institution, and shall have the following functions

(a)

to propose to the Board of Governors the

programmes and courses to be provided by the Institution,

following consultation with interested stakeholders regarding

the curriculum of such programmes and courses;

(b)

to propose to the Board of Governors guidelines

regarding programmes and courses provided by the Institution,

documentation and examinations at the Institution and to

establish such awards and distinctions for such candidates

satisfying the applicable conditions on completion of the

programmes and courses;

(c)

to decide about the persons to whom the awards

and other distinctions shall be awarded;

(d)

to verify that the assessment procedures used by

the Institution are in conformity with the approved academic

policies of the Institution;

(e)

to establish, subject to the provisions of the Act and

these regulations, the entry conditions to programmes and

courses of the Institution;

(f)

to nominate Maltese or foreign examiners

according to pre-established guidelines and procedures to the

Board of Governors for its approval;

(g)

to recognise, following a recommendation by the

competent authorities according to the Act, such qualifications,

awards and distinctions of other education providers for the

purpose of access into a programme or course of the Institution;

(h)

to advise to the Board of Governors on any matter

related to learning in relation to tourism; and

(i)

to deal about any other matter which refers to

education and training and as may arise in the administration of

the Institution.

(2) The Board of Studies shall meet at least every six weeks

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

the number of members of the Board plus one.

(3) The Board of Studies may act notwithstanding any

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

there was no such vacancy.

(1)

Any question proposed for decision at any meeting Common

of any governing body of the Institution shall be determined by a provisions

the Governing

majority of the votes of the members present and voting, and if on any Bodies

Institution.

such question the votes are equally divided the member presiding

shall have and exercise a casting vote.

(2) Unless otherwise provided in these regulations, persons

holding office on a Governing body not ex officio shall hold that

office for a period of two years

Provided that such persons shall continue so to hold office,

despite the expiry of their term, until the election or appointment of

another person to substitute that person.

There shall be an Executive Management Office of the

Institution which shall be constituted of the following persons ex

(a)

the Director

who

presides

the

Executive

Management Office;

(b)

the Deputy Director;

(c)

the Head of Academic Affairs;

(d)

the Registrar; and

(e)

the Head of Administration.

Without prejudice to the functions and

responsibilities of the members of the Executive Management Office

as provided in these regulations, the Executive Management Office

shall operate under the direction of the Director and shall have the

following functions

(a)

upon consultation with the Board of Studies, to

develop and propose periodically to the Board of Governors the

development plan of the Institution;

(b)

to ensure proper dialogue and communication

within the Institution;

(c)

to ensure that the policies, strategy and decisions

adopted by the Board of Governors and by the Board of Studies

are implemented;

(d)

to ensure co-ordination and the effective and

efficient functioning of the structures, departments, centres,

officers and employees of the Institution;

(e)

to ensure that all necessary measures are applied,

including disciplinary procedures and the auditing and quality

assurance processes of all operations within the Institution; and

(f)

any other function as may be assigned to the

Executive Management Office by the Director.

(2) The Executive Management Office shall hold minuted

meetings on a regular basis as directed by the Board in accordance

with the daily requirements of the Institution.

(1)

Mingħajr

preāudizzju

għall-funzjonijiet

u Funzjonijiet tal-

Uffiëëju

responsabbiltajiet tal-membri tal-Uffiëëju EŜekuttiv ta’ Tmexxija kif EŜekuttiv

provdut f’dawn ir-regolamenti, l-Uffiëëju EŜekuttiv ta’ Tmexxija Tmexxija.

jkun jopera taħt id-direzzjoni tad-Direttur u għandu jkollu dawn il-

funzjonijiet li āejjin

(a)

li wara konsultazzjoni mal-Bord ta’ Studji,

jiŜviluppa u jipproponi minn Ŝmien għal Ŝmien lill-Bord tal-

Gvernaturi pjan ta’ Ŝvilupp għall-Istituzzjoni;

(b)

li jiŜgura djalogu u komunikazzjoni kif imiss fl-

Istituzzjoni;

(ë)

li jiŜgura li kull politika, strateāija u deëiŜjoni

adottata mill-Bord tal-Gvernaturi u mill-Bord ta’ Studji jiāu

implimentati;

li jiŜgura kordinazzjoni u ħidma effettiva u

(d)

effiëjenti tal-istrutturi, dipartimenti, ëentri, u tal-uffiëjali u l-

impjegati tal-Istituzzjoni;

(e)

li jiŜgura li jiāu applikati l-miŜuri kollha meħtieāa,

inkluŜi proëeduri dixxiplinarji u l-proëessi ta’ assikurazzjoni ta’

kwalità u ta’ awditjar tal-ħidmiet kollha li jsiru fi ħdan l-

Istituzzjoni; u

(f)

kull funzjoni oħra li tista’ tingħata lill-Uffiëëju

EŜekuttiv ta’ Tmexxija mid-Direttur.

(2) L-Uffiëëju EŜekuttiv ta’ Tmexxija għandu jagħmel laqgħat

fuq baŜi regolari li fihom jinŜammu l-minuti kif dirett mill-Bord

skont l-ħtiāiet ta’ kuljum tal-Istituzzjoni.

(1) The Chairman of the Board of Governors shall be the Powers and

highest officer of the Institution and shall be responsible for ensuring duties

Chairman of the

Board of

that the Institution complies with the Act and these regulations.

Governors.

(2) The Chairman shall issue guidelines and procedures of the

governing bodies of the Institution and may revert as many times as

necessary to any governing body such guidelines and procedures

which in his opinion are not in terms of the law.

(3) The Chairman shall whenever he deems it necessary, have

the power to convene and preside the Board of Governors, the Board

of Studies and the Executive Management Office.

(4) Whenever the office of Chairman is temporarily vacant,

and until a new Chairman 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 these

regulations, those functions shall be performed by the Deputy

Chairman of the Board of Governors.

(1)

Without prejudice to the powers vested in the Functions and

governing bodies of the Institution by the Act and by the provisions responsibilities

of the Director.

of these regulations, the Director shall, subject to the direction of the

Board, be responsible for the daily administration of the Institution,

shall be the Chairman of the Board of Studies ex officio and shall be

vested with the legal representation of the Institution and any of its

branches in Malta and Gozo.

(2) The Director shall be appointed to hold office for a term

not exceeding three years

Provided that the Director shall be eligible for re-

appointment for further periods each of not more than three years.

(3) The Director shall exercise authority over the academic

staff, examiners, learners, examination candidates, employees and

whosoever is entrusted with rendering any service to the Institution,

and he shall enforce discipline and the strict observance of the Act

and the provisions of these regulations and of the guidelines and

procedures of the Institution.

(4) The Director shall not hold any other office or position or

carry on any business activity without the consent in writing of the

Board of Governors.

(5) The Director shall be responsible for ensuring the

execution of the policies and decisions of the governing bodies of the

Institution.

(6) The Director shall have the power to summon the Board of

Studies and the Executive Management Office.

(7) The Director shall confer awards and distinctions of the

Institution.

(8) The Director shall ensure that, insofar as it depends on

him, the governing bodies are regularly constituted and that their

work is planned and coordinated, ensuring that they meet regularly as

established by these regulations and that the decisions of the

governing bodies of the Institution are executed.

(9) The Director shall provide for the organisation of such

elections required by these regulations, including that they actually be

held in the manner provided and without undue delay.

(10) The Director shall ensure that the operations of the

Institution shall follow a performance agreement of the Institution

which is to be agreed to between the Permanent Secretary and the

Institution and, for this purpose, article 40 of the Public

Administration Act shall mutatis mutandis apply.

(11) The Director shall give effect, as soon as practicable, to

any written request, not inconsistent with any provision of these

regulations which the Minister may make, in relation to the policy to

be followed by him in the discharge of his functions, and in relation to

any matter which appears to the Minister to affect the Institution and

any of its branches.

(12) The Director shall provide the Board with regular reports

on the performance and finances of the Institution.

(13) The functions of the Director shall include the overall

responsibility for all aspects of the Institution and any of the branches

of the Institution in Malta or Gozo.

(14) Without prejudice to the provisions of these regulations,

the Director shall undertake any other function as directed by the

Board of Governors.

(1)

Without prejudice to the provisions of these

regulations, the Deputy Director shall perform such functions as are

delegated to him by the Director, including that he acts on his behalf

as may be necessary.

(2) Where reference is made in these regulations to the

Director, this shall be construed to mean the Deputy Director in

relation to the functions delegated by the Director to the Deputy

Director.

(3) Where the Director is absent, the Deputy Director shall act

on behalf of the Director during his absence. Where the post of

Director is vacant for a period of time, the Deputy Director shall, for

such period, act instead of the Director, and shall, during such period,

have such functions and responsibilities as attributable to the Director

under these regulations.

The Head of Academic Affairs shall, under the direction of Head of

the Director, be responsible for the academic team and the academic Academic

Affairs.

content of the Institution, including the curriculum, the delivery of

programmes and courses and quality assurance of the teaching

provided by the Institution. To such end, he shall perform such

functions and duties as may be requested by the Director according to

the exigencies of the Institution.

(1)

The Head of Administration shall assist the Head of

Director in the administration and the day to day functioning of the Administration.

Institution, its employees, its finances and all movable and

immovable property. Wherever so requested by the Director, he shall

execute decisions made by the governing bodies.

(2) The Head of Administration shall also advise the Director

regarding such internal auditing of finances or operations of the

Institution, and such financial or operational control as he deems

necessary and shall also carry out the same.

(3) The Head of Administration shall, under the direction of

the Director, be responsible for the day to day administration of the

Institution’s finances, reporting to the Director. In the fulfilment of

this responsibility, the Head of Administration shall have the

following functions

(a)

to prepare the following

(i) the

annual

budget

of

revenue

and

expenditure;

(ii) the annual comparative statement of revenue

and expenditure;

(iii) the annual balance sheet and statement of

accounts; and

(iv) the quarterly management accounts;

(b)

to ensure the collection of revenue and moneys due

to the Institution;

(c)

to maintain an adequate accounting system

embracing the whole of the financial operations of the

(d)

to be responsible for all ordering and purchasing

and for the control of stores and inventories;

(e)

to advise the Director on expenditure out of

approved provisions; and

(f)

in conjunction with the Director, to countersign

bills of exchange, cheques, bank drafts, letters of credit and all

other banking, financial and commercial documents, subject to

any restrictions made by the Board of Governors.

(4) Without prejudice to the provisions of these Regulations,

the Administrative Director shall perform such other duties as may be

requested by the Director according to the exigencies of the

The Registrar shall, under the direction of the Director,

have the following functions

(a)

to manage the student management information

system of the Institution and to manage the work placements of

(b)

to keep the Institution seal and also sign all

documents to which the Institution seal is applied;

(c)

to sign the documents which certify the awards

given by the Institution and keep a full record thereof;

(d)

to act as secretary to the Board of Studies;

(e)

to ensure the proper safekeeping of the records of

all examinations held by the Institution;

(f)

to keep updated copies of the guidelines and

procedures of the Institution;

(g)

to keep the rolls of the members of the Board of

Studies, examiners and students;

(h)

to manage the administrative and organisational

process related to all aspects of the learning activities of the

students;

(i)

to keep records of the learning activities of each

student;

(j)

to keep the statistics of the Institution;

(k)

to make suitable arrangements for the learning

timetable, upon consultation with the Board of Studies; and

(l)

without prejudice to the provisions of these

regulations, to perform such other duties as may be requested by

the Director according to the exigencies of the Institution.

(1)

There shall be one Head of Department for each Heads of

department established within the Institution in accordance with these Department.

regulations.

(2) Heads of Department shall, under the direction of the

Director, be responsible for all matters relating to the proper

functioning of their respective department. To such end, they shall

perform such duties as may be requested by the Director according to

the exigencies of the Institution.

(1)

Appointment of all staff with formal and regular Staff

duties shall be made by the Director and confirmed by the Board of appointments

with formal

duties.

Governors.

(2) The appointment of academic staff with formal and regular

duties shall be made in the grades determined by the Board of

Governors, with the approval of the Minister, according to the

qualifications and professional experience of the person being

appointed. Posts may be advertised for appointments within specified

grades.

The proper official dress which the principal officers of the Official dress.

Institution, academic staff, employees, graduates, learners and other

members of the Institution are expected to wear on official occasions

shall be provided in guidelines made by the Board of Governors.

(1)

Awards shall be granted at a public ceremony or, Granting of

with the consent of the Board of Governors, at a private ceremony or awards.

in absentia.

(2) A candidate shall be eligible for an award of the Institution

only after certification by the Director that all the conditions provided

by the relevant guidelines of the Institution been fulfilled, and insofar

as all other obligations and responsibilities of the candidate towards

the Institution have also been satisfied.

(3) No person may be considered as holding an award of the

Institution unless such award has been conferred as prescribed in sub-

regulation (1).

(1)

The Institution shall establish, in the manner

required in regulation 10, and by means of guidelines adopted by the

Board of Governors, such branches of the Institution in Malta, Gozo

or overseas, with such departments as it may deem necessary.

(2) The Board of Governors shall appoint a Branch Manager

for each of its branches in Malta or Gozo. The Branch Manager shall

be responsible for the administration of the branch to which he is

assigned, shall be answerable to the Director with respect to the

execution of his functions and shall report to the Director as may be

required by the Director.

(3) The Institution’s branches in Malta and Gozo shall be

governed by the Board of Governors established in accordance with

regulation 9. The Board of Governors, shall involve, as and where

necessary, the Branch Managers in the manner provided in regulation

9(3), mutatis mutandis.

(4) The Institution shall ensure that the financing, planning,

education and training provision, staff appointments and salaries and

any relevant fees of the branches shall be integrated within one

overarching system applicable to the Institution.

(5) The guidelines referred to sub-regulation (1) shall

establish, in accordance with these regulations, the manner in which

the relations between the respective branch and the Institution shall

take place, in particular with respect to the development of

programmes and courses, the awards given by branches, the external

relations of the branches, appointments of staff in the branches and

any other matter that falls under the responsibility of the Board of

Governors and the Director in relation to the Institution.

(6) The Board of Governors shall make such arrangements for

any of the Institution’s branches overseas which may, with the

approval of the Minister, be exempt from the requirements of sub-

regulations (2) to (5) insofar as such branch serves to fulfil the

mission of the Institution as provided in these regulations.

(1)

Where a member of any of the governing bodies of Disclosure of

the Institution, a member of staff of the Institution, or any person in interests.

any other manner engaged to provide educational or other services to

the Institution, has any interest in, or material to, any matter which

falls to be considered by any of the Institution’s governing bodies, he

shall -

(a)

disclose to the governing body, as the case may be,

the nature of his interest at the first meeting of the governing

body after such interest is acquired or in advance of any

consideration of the matter, whichever is the earlier;

(b)

take no part in any consideration of such matter and

neither influence nor seek to influence a decision in relation to

such matter;

(c)

if he is a member of a governing body of the

Institution, withdraw from the meeting of such governing body

for so long as the matter is being discussed or considered and

shall not vote or otherwise act in such capacity in relation to the

matter.

(2) Where a question arises as to whether or not a course of

conduct, if pursued by a person, would be a failure by him to comply

with the requirements of sub-regulation (1), the question shall be

determined by the Board and the decision and its motivation shall be

recorded in the minutes of the meeting where the decision was taken.

(3) Where a disclosure is made to a governing body pursuant

to sub-regulation (1), particulars of the disclosure shall be recorded in

the minutes of the relative meeting.

(4) Where a person referred to in this regulation fails to make

the required disclosure, the Board of Governors shall decide the

appropriate action (including removal from office or termination of

contract) to be taken.

(5) Where a person having an interest referred to in sub-

regulation (1) is a voting member of the Board of Governors, such

matters as are revealed in accordance with this regulation are to be

forwarded 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 of Governors.

(1)

Save as otherwise provided by these regulations or Disclosure of

any other law, a person shall not, except where necessary for the information.

proper performance of his functions, without the consent of the Board

of Governors, disclose to any person any non-public information

obtained while performing, or as a result of having performed, duties

as a member of any of the governing bodies of the Institution or as a

member of staff of the Institution or as a person in any other manner

engaged to provide educational or other services to the Institution.

(2) Nothing in sub-regulation (1) shall prevent disclosure to

the Minister of information in a report made by or to the Institution or

on behalf of the Institution.

(3) Saving any disciplinary action which the Board may deem

appropriate to take, any person who contravenes the provisions of

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

conviction, be liable to a fine (multa) of not less than one thousand

and one hundred euro (1,100) and not more than two thousand and

five hundred euro (2,500) or to imprisonment for a period not

exceeding six months, or to both such fine and imprisonment.

(1)

Articles 113 to 115 of the Act shall apply to the

Institution in relation to staff appointments

Provided that, for the purpose of these regulations

(a)

any reference to the Prime Minister in article 114

of the Act shall be construed as reference to the Principal

Permanent Secretary, following the direction of the Prime

Minister;

(b)

in assessing the pensionable emoluments of any

officer detailed for duty with the Institution as provided in

article 114 of the Act, for the purposes of any pension

entitlement under the Pensions Ordinance and the Widows' and

Orphans' Pensions Act, no account shall be taken of any

allowances, bonuses or gratuities paid to such officer by the

Institution in excess of what he is entitled to as a public officer;

and

(c)

during the time in respect of which any officer is

detailed to perform duties with the Institution as provided in the

previous paragraph, his terms and conditions of service shall not

be less favourable than those which are attached to his

appointment with the Government during the period aforesaid.

Such terms and conditions shall not be deemed to be less

favourable because they are not in all respects identical or

superior to those enjoyed by the officer concerned at the date of

such detailing, if in the opinion of the Prime Minister such

terms and conditions, taken as a whole, offer substantially

equivalent or greater benefits.

(2) (a)

Posts and salary scales with the Institution shall be

classified in an exercise carried out by a board composed of a

chairperson appointed by the Minister responsible for finance and two

other members, one appointed by the Minister responsible for

personnel policies in general in the public service and one appointed

by the Board of Governors. The classification shall be subject to the

final approval of the Minister responsible for finance.

(b)

Such classification shall take place within six

months from the date of the coming into force of these regulations.

(c)

Without prejudice to article 113 of the

Constitution, no person may, following a classification as aforesaid,

be entitled to rights under the Pensions Ordinance less favourable Cap. 93.

than those to which he would have been entitled prior to such

classification.

In accordance with the provisions of article 130 of the Act, Persons

the members of the Board of Governors and any officer or employee considered

public officers.

of the Institution, shall be considered and be treated as public officers Cap. 9.

for the purposes of the Criminal Code.

(1)

Articles 116 to 124 of the Act shall apply to the Financial

Provisions.

Institution in relation to the financial matters of the Institution.

(2) The Institution shall be governed by the provisions of the

Financial Administration and Audit Act, unless otherwise stated in Cap.174

the Institution’s performance agreement entered into by the

Permanent Secretary and the Institution in terms of regulation 17(10),

in which case the provisions of the said performance agreement shall

prevail.

(1)

In accordance with the provisions of article 126 of Fees and

the Act, all full-time learning undertaken by Maltese students in the stipends.

Institution during regular hours shall be without any fee being

charged.

(2) The Minister, upon being so advised by the Board of

Governors, may by regulations prescribe the fees to be charged for

examinations and special courses and programmes outside regular

hours and the fees to be paid by students who are not Maltese

citizens

Provided that the Minister may exempt any person from

the payment of those fees.

(3) In accordance with article 126 of the Act, the Minister may

determine rates of maintenance grants or stipends payable to learners

within the Institution and may impose conditions for the payment of

such.

(1)

Article 134 of the Act shall apply to the

Institution’s relations with the Minister.

(2) The Institution shall afford to the Minister facilities for

obtaining any information with respect to the property and activities

of the Institution, and for this purpose the Board of Governors shall

furnish the Minister with returns, accounts and other information with

respect thereto, and shall afford to him facilities for the verification of

any information furnished, in such manner and at such times as the

Minister may reasonably require.

(3) Save as otherwise provided in the Act or in these

regulations, the Institution shall be under the general direction of the

Minister and, subject to such direction, under the supervision of the

Permanent Secretary.

(4) The Minister may, in relation to matters that appear to him

to affect the public interest, from time to time give to the Institution

directions in writing of a general character not inconsistent with the

provisions of the Act or of these regulations, on the policy to be

followed by the Institution in the carrying out of its functions, by or

under the Act and these regulations, and the Institution shall, as soon

as possible, give effect to all such directions.

(5) Any guidelines made by the Institution as provided in

these regulations require approval by the Minister for these to come

into effect.

(6) Save as otherwise provided in the Act or these regulations,

article 38 of the Public Administration Act shall, mutatis mutandis,

apply to the Institution.

(7) The Minister may establish an Advisory Board to assist the

Director in the manner provided under article 42 of the Public

Administration Act.

(1)

The property and undertakings owned by the

Government and used by it immediately before the date of the coming

into force of these regulations, where used by it for the operation of

any of the functions which by these regulations are being transferred

to or vested in the Institution shall, on the date aforesaid, by virtue of

these regulations and without further assurance, be transferred to and

be vested in the Institution under the same title by which they were

held by the Government immediately before the said date. The

provisions of this regulation shall not apply to immovable property.

(2) The use and administration of the immovable assets from

time to time specified in an order made by the President of Malta and

published in the Gazette (hereinafter referred to as "the immovable

assets") being immovable assets which, immediately before the

coming into force of these regulations, were owned by the

Government and used by it for the exercise of any of the functions

which by these regulations are being transferred to or vested in the

Institution, shall, with effect from such day as may be specified in any

such Order and by virtue of these regulations and without any further

assurance, be transferred to and vested in the Institution under the

same title by which they were held by the Government before such

day.

(3) The transfer and vesting aforesaid shall extend to the

whole of such property and undertakings and, without prejudice to the

generality aforesaid, shall include all plant, equipment, apparata,

instruments, vehicles, craft, buildings, structures, installations, land,

roads, works, stocks and other property movable or immovable,

assets, powers, rights and privileges and all things necessary or

ancillary thereto which are held or enjoyed in connection therewith or

appertaining thereto, as well as all obligations affecting or relating to

any of the aforesaid property or undertakings or other thing included

therein as aforesaid.

(4) Any transfer of property, whether moveable or immovable,

shall be subject to all those terms and conditions that the President, on

consultation with the Minister, may deem necessary to ensure that

such property is exclusively used for the purposes of the functions of

the Institution or purposes ancillary thereto.

Subject to the provisions of these regulations, all laws, Vesting of rights

rules, regulations, orders, judgements, decrees, awards, deeds, bonds, in

institution.

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of these regulations affecting or relating to any of the

properties or undertakings transferred to the Institution by or under

these regulations shall have full force and effect against or in favour

of the Institution, and shall be enforceable freely and effectually, as if

instead of the Government or governmental authority that had been

named therein or had been a party thereto, and otherwise in

substitution of the Government or governmental authority.

(1)

When anything has been commenced by or under Transitory

the authority of the Government prior to the date of the coming into provisions.

force of these regulations, and such thing relates to any of the

properties or undertakings or any right or liability transferred to the

Institution by or under these regulations, such thing may be carried on

and completed by or as authorised by the Institution.

(2) Where, immediately before the coming into force of these

regulations, any legal proceedings are pending to which the

Government is or is entitled to be a party, and such proceedings are

related to any of the properties or undertakings, or any right or

liability transferred by or under these regulations, the Institution

shall, as from the date aforesaid, be substituted in such proceedings

for the Government, or shall be made a party thereto in like manner as

the Government could have become substituted, and such

proceedings shall not abate by reason of such substitution.

(3) The Minister may, by order, make such incidental,

consequential and supplemental provisions as he may deem necessary

or expedient for the purpose of determining, as appropriate, the assets

transferred to the Institution by these regulations and securing and

giving full effect to the transfer of any property or undertaking or any

right or liability to the Institution by these regulations and make such

orders as may be necessary to make any powers and duties

exercisable by the Government in relation to any of the transferred

property or undertakings exercisable by or on behalf of the

Institution.

€2.16