Legislator Case Law & Legislation
ln_2012_294 MT

Regulations, 2012

10 Articles / Provisions · Malta
Open official source Machine-readable Markdown (.md)

Table of Provisions (10)

Statutory Text (10 Articles)

Malta Government Gazette — Legal Notice 2012 294 · Gazzetta tal-Gvern ta’ Malta Nru. 18,965 - 14.09.2012 — Regulations, 2012

L.N. 294 of 2012

EDUCATION ACT

(CAP. 327)

Malta Qualifications Framework for Lifelong Learning

Regulations, 2012

IN exercise of the powers conferred by article 135(x) of the

Education Act, the Minister of Education and Employment has made

the following regulations:-

Malta Government Gazette — Legal Notice 2012 294 · Gazzetta tal-Gvern ta’ Malta Nru. 18,965 - 14.09.2012 — Regulations, 2012

(1)

The title of these regulations is the Malta Citation and

Qualifications Framework for Lifelong Learning Regulations, 2012. scope.

(2) The purpose of these regulations is to determine the

regulatory framework for the classification of qualifications and

awards which can be provided through formal, non-formal and

informal learning, based on the Malta Qualifications Framework level

descriptors.

Malta Government Gazette — Legal Notice 2012 294 · Gazzetta tal-Gvern ta’ Malta Nru. 18,965 - 14.09.2012 — Regulations, 2012

MALTA QUALIFICATIONS FRAMEWORK

[(Regulation 3(1)]

1. The Malta Qualifications Framework shall be represented Representation

of the Malta

as follows

Qualifications

Framework.

DOCTORAL DEGREE

MASTER’S DEGREE

POSTGRADUATE DIPLOMA

POSTGRADUATE CERTIFICATE

BACHELOR’S DEGREE

UNDERGRADUATE DIPLOMA

FOUNDATION DEGREE

UNDERGRADUATE

HIGHER VOCATONAL

CERTIFICATE

EDUCATION AND TRAINING

DIPLOMA

MATRICULATION LEVEL

VOCATIONAL EDUCATION

4(d)

ADVANCED LEVEL

AND TRAINING DIPLOMA

INTERMEDIATE LEVEL

GENERAL EDUCATION LEVEL 3

VOCATIONAL EDUCATION

3(c)

SEC Grade 1-5

AND TRAINING LEVEL 3

GENERAL EDUCATION LEVEL 2

VOCATIONAL EDUCATION

2(b)

SEC Grade 6-7

AND TRAINING LEVEL 2

GENERAL EDUCATION LEVEL 1

VOCATIONAL EDUCATION

1(a)

SCHOOL LEAVING

AND TRAINING LEVEL 1

CERTIFICATE

2. The National Qualifications Framework is designed in Design of the

such a way as to be able to include diverse forms of qualifications not Malta

Qualifications

as yet covered by this Framework.

Framework.

3. The following applies to vocational education and training Vocational

qualifications at levels 1 to 4 of the Malta Qualifications Framework: Education

Training

Qualifications

Levels 1 to 4.

(a)

a full Vocational Education and Training Level 1

qualification should enjoy the same parity of esteem as a Full

School Leaving Certificate;

(b)

a full Vocational Education and Training Level 2

qualification should enjoy the same parity of esteem as four

General Education Level 2 subjects;

(c)

a full Vocational Education and Training Level 3

qualification should enjoy the same parity of esteem as six

General Education Level 3 subjects.

Malta Government Gazette — Legal Notice 2012 294 · Gazzetta tal-Gvern ta’ Malta Nru. 18,965 - 14.09.2012 — Regulations, 2012

For the purposes of these regulations, unless the context Interpretation.

otherwise requires -

"the Act" means the Education Act;

"award" means a document issued by an awarding body,

providing official evidence of an individual’s vocational, educational

and training achievements. An award may also include the following

types

(a)

a "customised award" which means a qualification

built on specific occupational areas and applied by employers

and training organisations to upgrade the knowledge, skills and

competences of the workforce;

(b)

a "legacy award" which means a qualification

awarded to an individual prior to 1st July 2007 but which the

competent authorities establish as still relevant in today’s labour

market requirements;

(c)

a "work-based award" which means a qualification

obtained as a result of an apprenticeship scheme in which

learning takes place in controlled work environments and which

may take into account prior learning;

"the Commission" means the National Commission for Further

and Higher Education established by article 64 of the Act;

"credit" has the meaning as assigned to it by the Act or any

regulation made thereunder for the purpose of quality assurance,

accreditation and licensing of further and higher education providers;

"European Qualifications Framework" means the European

Qualifications Framework for Lifelong Learning as adopted by the

European Union from time to time;

"learning outcome" means a statement defining what a learner

knows, understands and is able to do upon completion of a learning

process;

"level descriptors" means an expression of the level of

knowledge, skills and competences within the Malta Qualifications

Framework in relation to higher or lower levels of achievement by an

individual;

"formal learning" has the same meaning assigned to it by article

63 of the Act;

"further education" has the same meaning assigned to it by

article 63 of the Act;

"higher education" has the same meaning assigned to it by

article 63 of the Act;

"informal learning" has the same meaning assigned to it by

article 63 of the Act;

"learning" has the same meaning assigned to it by article 63 of

the Act;

"lifelong learning" has the same meaning assigned to it by

article 63 of the Act;

"Malta Qualifications Framework" means the Malta

Qualifications Framework for Lifelong Learning and has the same

meaning assigned to it by article 63 of the Act;

"the Minister" means the Minister responsible for education;

"non-formal learning" has the same meaning assigned to it by

article 63 of the Act;

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

of the Act;

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

the Act;

"qualification" has the same meaning as is assigned to it by

article 63 of the Act;

"Qualifications Framework of the European Higher Education

Area" means the qualifications framework adopted by European

Ministers responsible for higher education, in the framework of the

Bologna Process, from time to time;

"referencing" is a process of comparative analysis of

knowledge, skills and competences of levels of qualifications

between one or more qualifications frameworks;

"school" has the same meaning as is assigned to it by article 2 of

the Act;

"sectoral qualification" means an award confined to a specified

sector, which may exist at national and international levels;

"transcript" means an official report issued by a licensed and

accredited provider about the learning record of an individual, listing

courses, grades received and information about education and

qualifications systems;

"validation of non-formal and informal learning" has the same

meaning assigned to it by the Act or any regulations made thereunder

for the purpose of validating non-formal and informal learning.

Malta Government Gazette — Legal Notice 2012 294 · Gazzetta tal-Gvern ta’ Malta Nru. 18,965 - 14.09.2012 — Regulations, 2012

THE LEVEL-DESCRIPTORS OF MALTA QUALIFICATIONS FRAMEWORK

[(Regulation 3(3)]

The level descriptors for each of the eight levels of the Malta Qualifications

Framework shall be represented as follows

LEVEL

LEARNING OUTCOMES

LEVEL DESCRIPTORS

LEVEL 1

KNOWLEDGE

1. acquires basic general knowledge related to

the immediate environment and expressed

through a variety of simple tools and contexts

as an entry point to lifelong learning;

2. knows and understands the steps needed to

complete simple tasks and activities in

familiar environments;

3. is aware and understands basic tasks and

instructions;

4. understands basic textbooks.

SKILLS

1. has the ability to apply basic knowledge and

carry out a limited range of simple tasks;

2. has basic repetitive communication skills to

complete well defined routine tasks and

identifies whether actions have been

accomplished;

3. follows instructions and be aware of

consequences of basic actions for self and

others.

COMPETENCES

1. applies basic knowledge and skills to do

simple repetitive and familiar tasks;

2. participates in and takes basic responsibility

for the action of simple tasks;

3. carries out activities under guidance and

within simple defined timeframes;

4. acquires and applies basic key competences at

this level.

LEARNING OUTCOMES

1. Knowledge and

1. has basic knowledge and understanding of

Understanding;

textbooks and simple tasks while relating to

the immediate environment;

2. Applying Knowledge and 2.

follows instructions and completes repetitive

Understanding;

simple tasks in familiar contexts and under a

quality controlled system;

3. Communication Skills;

3. communicates basic information in familiar

repetitive contexts;

4. Judgmental Skills;

4. assesses and ensures that assigned tasks have

been completed effectively;

5. Learning Skills; and

5. acquires and applies key competences to

defined actions;

6. Autonomy and

6. takes some responsibility for completing

Responsibility

simple tasks and exercises limited autonomy.

LEVEL 2

KNOWLEDGE

1. possesses good knowledge of a field of work

or study;

2. is aware of and interprets types of information

and ideas;

3. understands facts and procedures in the

application of basic tasks and instructions;

4. selects and uses relevant knowledge to

accomplish specific actions for self and others.

SKILLS

1. has the ability to demonstrate a range of skills

by carrying out a range of complex tasks

within a specified field of work or study;

2. communicates basic information;

3. ensures tasks are carried out effectively.

COMPETENCES

1. applies factual knowledge and practical skills

to do some structured tasks;

2. ensures one acts pro-actively;

3. carries out activities under limited supervision

and with limited responsibility in a quality

controlled context;

4. acquires and applies basic key competences at

this level.

LEARNING OUTCOMES

1. Knowledge and

1. understands and uses good knowledge for

Understanding;

tasks, procedures or a field of work or study;

2. Applying Knowledge and 2.

follows instructions and completes a range of

Understanding;

well-defined tasks;

3. Communication Skills;

3. communicates basic information in unfamiliar

contexts;

4. Judgmental Skills;

4. selects and uses information for specified

tasks and be pro-active;

5. Learning Skills; and

5. acquires and applies key competences to a

range of actions;

6. Autonomy and

6. takes responsibility and exercises autonomy in

Responsibility

well-defined tasks under a quality controlled

system.

LEVEL 3

KNOWLEDGE

1. understands the relevancy of theoretical

knowledge and information related to one

field of work or study;

2. assesses, evaluates and interprets facts

establishing basic principles and concepts in a

particular field of work or study;

3. understands facts and procedures in the

application of more complex tasks and

instructions;

4. selects and uses relevant knowledge acquired

on one’s own initiative to accomplish specific

actions for self and others.

SKILLS

1. demonstrates a range of developed skills to

carry out more than one complex task

effectively

and

in

unfamiliar

and

unpredictable contexts;

2. communicates more complex information;

3. solves basic problems by applying basic

methods, tools, materials and information

given in a restricted learning environment.

COMPETENCES

1. applies knowledge and skills to do some tasks

systematically;

2. adapts own behaviour to circumstances in

solving problems by participating pro-actively

in structured learning environments;

3. uses own initiative with established

responsibility and autonomy, but supervised in

quality controlled learning environments

normally within a craftsmanship context;

4. acquires key competences at this level as a

basis for lifelong learning.

LEARNING OUTCOMES

1. Knowledge and

1. understands theoretical knowledge and

Understanding;

information related to complex procedures in a

field of work or study;

2. Applying Knowledge and 2.

follows instructions and carries out complex

Understanding;

tasks systematically and in unfamiliar and

unpredictable contexts;

3. Communication Skills;

3. communicates complex information

in

unfamiliar and unpredictable contexts;

4. Judgmental Skills;

4. assesses, evaluates and interprets facts related

to a field of work or study and applies basic

problem solving techniques;

5. Learning Skills; and

5. acquires and applies key competences as a

basis for lifelong learning;

6. Autonomy and

6. takes agreed responsibility for completing

Responsibility

complex tasks, and interacts with the

immediate environment and in defined actions

at one’s own initiative.

LEVEL 4

KNOWLEDGE

1. understands broad theoretical knowledge and

analyses of information related to a field of

work or study;

2. understands facts and establishes basic

principles in broad contexts within a field of

work or study;

3. applies facts and procedures in broad contexts

within a defined field of work or study;

4. selects and analyses theoretical knowledge in

broad contexts within a specific field of work

or study.

SKILLS

1. demonstrates acquired knowledge and the

ability to apply a range of technical or

academic skills to carry out multiple complex

tasks;

2. communicates theoretical and

technical

information in a work or

learning

environment;

3. generates solutions to specific problems

within a field of work or study.

COMPETENCES

1. applies knowledge and skills to perform

qualitative and quantitative tasks that require

technical capacity normally associated with a

technician’s competence;

2. supervises the quality and quantity of work of

self and others’ under quality assured

structures, with responsibility and autonomy;

3. demonstrates an advanced level of key

competences at this level as a basis for higher

education.

LEARNING OUTCOMES

1. Knowledge and

1. understands and analyses broad theoretical,

Understanding;

practical and technical knowledge related to a

field of work or study;

2. Applying Knowledge and 2.

follows instructions and carries out defined

Understanding;

theoretical, complex and technical tasks;

3. Communication Skills;

3. communicates theoretical and technical

information in a work or learning context;

4. Judgmental Skills;

4. interacts with and generates solutions to

problems within the immediate environment

of a given field of work or study;

5. Learning Skills; and

5. applies key competences to defined actions

and to a technical or academic field of work or

learning context;

6. Autonomy and

6. exercises autonomy and takes responsibility

Responsibility

for defined qualitative and quantitative tasks

of self and others by completing complex

tasks in a broad context under quality assured

mechanisms.

LEVEL 5

KNOWLEDGE

1. understands knowledge in a field of study that

builds upon general further education and is

typically at a level supported by high-level

textbooks leading to continued studies to

complete a Level 6 qualification;

2. develops strategic and creative responses in

researching solutions to well defined concrete

and abstract problems;

3. makes judgements based on knowledge of

relevant social and ethical issues.

SKILLS

1. demonstrates transfer of theoretical and

practical knowledge, in creating solutions to

problems;

2. conveys ideas in a well structured and

coherent way to peers, supervisors and clients

using qualitative and quantitative information;

3. has the ability to identify and use data to

formulate responses to well-defined concrete

and abstract problems;

4. evaluates own learning and identifies learning

needs necessary to undertake further learning.

COMPETENCES

1. manages projects independently that require

problem solving techniques where there are

many factors, some of which interact and lead

to unpredictable outcomes;

2. shows creativity in managing projects,

manages people and reviews performance of

self and others; train others and develop team

performance;

3. expresses a comprehensive internalized

personal world view reflecting engagement of

solidarity with others;

4. has the learning skills to undertake further

studies with some autonomy.

LEARNING OUTCOMES

1. Knowledge and

1. understands advanced textbooks which may

Understanding;

lead to further academic or vocational learning

and researches solutions to abstract problems;

2. Applying Knowledge and 2.

demonstrates operational capacity

and

Understanding;

management skills using creativity;

3. Communication Skills;

3. interacts with others to convey abstract and

concrete solutions to problems in a field of

work or study;

4. Judgmental Skills;

4. formulates practical and theoretical responses

to abstract and concrete problems and makes

judgements on social and ethical issues;

5. Learning Skills; and

5. evaluates own learning and can improve key

competences for further learning, and

promotes team training;

6. Autonomy and

6. is responsible for the effective and efficient

Responsibility

management of projects and people within

agreed timeframes.

LEVEL 6

KNOWLEDGE

1. understands knowledge that builds upon

general further education and typically

includes some aspects that will be informed by

knowledge at the forefront of a field of study;

2. uses detailed theoretical and practical

knowledge which is at the forefront of a field

of study and involves critical understanding of

theories and principles;

3. understands methods and tools in a complex

and specialised field of work or study and

innovation in terms of methods used;

4. makes judgements based on relevant social

and ethical issues that arise in a field of work

or study.

SKILLS

1. applies knowledge and understanding in a

manner that indicates a professional approach

to work or study;

2. communicates ideas, problems, and solutions

to both specialist and non-specialist audiences

using a range of techniques involving

qualitative and quantitative information;

3. has the ability to gather and interpret relevant

data (usually within the field of study) to

inform judgements that include reflection on

relevant social, scientific or ethical issues;

4. devises and sustains arguments to solve

problems;

5. consistently evaluates own learning and

identifies learning needs.

COMPETENCES

1. demonstrates administrative design, resource

and team management and is responsible for

work or study contexts that are unpredictable

and require that complex problems are solved;

2. shows creativity and initiative in developing

projects in management processes, manage

and train people to develop team performance;

3. has developed those learning skills that are

necessary to continue to undertake further

studies with a high degree of autonomy.

LEARNING OUTCOMES

1. Knowledge and

1. understands professional theoretical and

Understanding;

practical knowledge in a specialised field of

work or study;

2. Applying Knowledge and 2.

demonstrates innovative theoretical and

Understanding;

practical responses to work or study contexts;

3. Communication Skills;

3. communicates ideas, problems, and solutions

to both specialist and non-specialist audiences

using a range of techniques involving

qualitative and quantitative information to

sustain arguments;

4. Judgmental Skills;

4. makes professional judgements on social and

ethical issues within the area of specialisation,

masters’ problem solving skills, and evaluates

the management of projects and people;

5. Learning Skills; and

5. assesses own learning and can specialise in

one or more key competences for further

learning;

6. Autonomy and

6. is responsible for the management of creative

Responsibility

and innovative projects and the team’s

performance.

LEVEL 7

KNOWLEDGE

1. has

comprehensive

knowledge

and

understanding that is founded upon and

extends and, or enhances that knowledge

typically associated with Bachelor’s level;

2. uses

specialised

or

multi-disciplinary

theoretical and practical knowledge some of

which is at the forefront of a field of study.

This knowledge forms the basis of originality

in developing and, or applying ideas.

SKILLS

1. demonstrates specialised or multi-disciplinary

knowledge that include reflecting on social

and ethical responsibilities linked to the

application of one’s knowledge and

judgements;

2. can communicate to specialist and non-

specialist

audiences

clearly

and

unambiguously work or study related

conclusions and knowledge which may be the

outcome of research, self-study or experience;

3. performs critical evaluations and analysis with

incomplete or limited information to solve

problems in new or unfamiliar environments,

and to produce original research;

4. develops new skills in response to emerging

knowledge and techniques and demonstrates

leadership skills and innovation in complex

and unpredictable work and study contexts.

COMPETENCES

1. creates a research-based diagnosis to problems

by integrating knowledge from new or

interdisciplinary fields and makes judgements

with incomplete or limited information;

2. manages people and projects and demonstrates

the ability to respond to the dynamic changes

in the business environment;

3. demonstrates autonomy in the direction of

learning and a high level of understanding of

learning processes;

4. has the learning skills to allow continuation to

study in a manner that may be largely self-

directed or autonomous.

LEARNING OUTCOMES

1. Knowledge and

1. has comprehensive specialised or multi-

Understanding;

disciplinary

theoretical

and

practical

knowledge which forms the basis of original

research, which may contribute to social and

ethical issues;

2. Applying Knowledge and 2.

demonstrates capability in using knowledge

Understanding;

and skills, to adapt to the dynamic changes in

the business environment and to manage

people and projects efficiently;

3. Communication Skills;

3. communicates with specialist and non-

specialist

audiences

clearly

and

unambiguously conclusions and knowledge

which may be the outcome of original

research, self-study or experience;

4. Judgmental Skills;

4. performs critical evaluations and analysis with

incomplete or limited information to solve

problems in new or unfamiliar contexts, and to

produce original research;

5. Learning Skills; and

5. makes assessments of personal continuous

professional development, takes initiative to

undertake self-directed study and may proceed

to further specialisation;

6. Autonomy and

6. is accountable and responsible for the original

Responsibility

research

within

a

personal

social

responsibility and, or business context, for

one’s operations and for adapting the

management of people and projects reflecting

the dynamic nature of the environment in

which one operates.

LEVEL 8

KNOWLEDGE

1. has a systematic understanding of a highly

specialised field of study which builds upon a

specialised or multi-disciplinary knowledge

and understanding;

2. extends or redefines existing knowledge and,

or professional practice.

SKILLS

1. demonstrates mastery in skills such as the

selection and analysis of research, writing,

design, development and sustainability of the

argument manifested in innovative scholarly

research;

2. responds to technological, social and cultural

issues and addresses the needs of a

knowledge-based society;

3. communicates expertise to a wide audience

including peers and the general public using

different methods including national and

international publications, and participates in

specialist fora;

4. demonstrates expertise in critical evaluations

and analysis with incomplete or limited

information to solve problems in new or

unfamiliar environments, and to produce

original research.

COMPETENCES

1. demonstrates authority in a specialised field of

work or study and makes judgements

involving a multitude of interacting factors;

2. promotes social, scientific

and

ethical

advancement through actions;

3. has a sustained commitment

in

the

development of new ideas.

LEVEL

LEARNING OUTCOMES

LEVEL DESCRIPTORS

LEARNING OUTCOMES

1. Knowledge and

1. has theoretical and practical expertise in a

Understanding;

specialised field of knowledge which may

contribute to social and ethical issues in a

national and international dimension;

2. Applying Knowledge and 2.

demonstrates leadership and innovation in

Understanding;

mastering research in work and study

contexts;

3. Communication Skills;

3. communicates expertise to a wide audience

including peers and the general public using

different methods including national and

international publications, and participates in

specialist fora;

4. Judgmental Skills;

4. demonstrates expertise in critical evaluations

and analysis with incomplete or limited

information to solve problems in new or

unfamiliar environments, and to produce

original research;

5. Learning Skills; and

5. has a sustained commitment to generate new

ideas and innovative projects related to

technological,

cultural

and

social

development;

6. Autonomy and

6. is responsible for the leadership of a number

Responsibility

of specialised projects and an authority in a

specialised field of work or study.

€1.98

Malta Government Gazette — Legal Notice 2012 294 · Gazzetta tal-Gvern ta’ Malta Nru. 18,965 - 14.09.2012 — Regulations, 2012

(1)

There shall be a Malta Qualifications Framework The Malta

which shall be a framework of eight levels as reproduced in the First Qualifications

Framework.

Schedule, with Level 1 being the lowest and Level 8 being the highest

level of a qualification.

(2) The Malta Qualifications Framework shall include all

national qualifications as approved by the Commission

Provided that qualifications awarded upon completion of a

programme of formal learning shall not form part of the Malta

Qualifications Framework unless they satisfy the following

conditions

(a)

they shall be awarded by a school or licensed

provider of further or higher education in accordance with the

Act or any regulation made thereunder;

(b)

they shall be internally and externally quality-

assured in accordance with the Act or any regulations made

thereunder;

(c)

they shall be based on a workload composed of

identified credit value;

(d)

they shall be awarded on the successful completion

of a formal assessment process;

(e)

they shall be expressed through a transcript and an

award supplement based on European and international

standards; and

(f)

they shall be identified in a transcript through a

level-rating with the Malta Qualifications Framework and the

European Qualifications Framework.

(3) The Malta Qualifications Framework shall include the

following

(a)

qualifications awarded

after

the

successful

completion of formal learning; and

(b)

qualifications awarded after the completion of non-

formal and informal learning validated in accordance with the

Act or any regulations made thereunder

Provided that the Malta Qualifications Framework may also

include customised, legacy and work-based awards

Provided further that for the purpose of determining access to a

profession by means of one or more qualifications in the Malta

Qualifications Framework and the validation of any learning or work

experience related thereto, the Mutual Recognition of Professional

Qualifications Act, and any regulations made thereunder, shall apply.

(4) Qualifications which form part of the Malta Qualifications

Framework shall be based on learning outcomes, and as such shall be

expressed in terms of knowledge, skills and competences

corresponding to the respective level descriptors as reproduced in the

Second Schedule.

(5) The Malta Qualifications Framework is executed by means

of exit points and promotes permeability of qualifications from one

level of the Malta Qualifications Framework to another and across

different learning pathways.

(6) The Malta Qualifications Framework shall be referenced to

the European Qualifications Framework and the Qualifications

Framework of the European Higher Education Area.

Malta Government Gazette — Legal Notice 2012 294 · Gazzetta tal-Gvern ta’ Malta Nru. 18,965 - 14.09.2012 — Regulations, 2012

(1)

In accordance with its functions under article 65(g) Functions and

of the Act to promote and maintain the Malta Qualifications powers

Commission.

Framework and establish the policies and criteria on which the Malta

Qualifications Framework shall be based, and in accordance with its

functions under article 66(g) of the Act to maintain and publish a

register of qualifications classified within the Malta Qualifications

Framework, the Commission shall be the competent authority

responsible for all aspects of the Malta Qualifications Framework and

shall have such functions and powers as assigned to it by these

regulations. Without prejudice to the powers of the Minister as

provided by the Act, the Commission shall also have such functions

and powers as may be required for the proper performance of any and

all of its functions.

(2) Without prejudice to the generality of sub-regulation (1),

the Commission shall have the following functions

(a)

to establish and maintain the criteria and

mechanisms for classifying national qualifications within the

Malta Qualifications Framework;

(b)

to establish the minimum amount of credits

required for a national qualification to be classified within the

Malta Qualifications Framework;

(c)

to ensure that national qualifications classified

within the Malta Qualifications Framework are well-

documented and include learning outcomes and information

about assessment procedures;

(d)

to adopt the Malta Qualifications Framework in

such a way as to change, add or delete qualifications or level

descriptors to reflect the principles of the European

Qualifications Framework and of the Qualifications Framework

of the European Higher Education Area;

(e)

to maintain and classify sectoral qualifications

within the Malta Qualifications Framework;

(f)

to provide guidance and support to persons,

schools and further and higher education providers operating

with the Malta Qualifications Framework;

(g)

to establish and maintain a register of persons

awarded partial or full qualifications classified at one of the

eight levels of the Malta Qualifications Framework; and

(h)

to advise the Minister about the state, operation,

needs and prospects of the Malta Qualifications Framework.

(3) Following a submission by schools or providers to have

the national qualifications awarded by them classified within the

Malta Qualifications Framework, the Commission may assign other

recognised public or private entities to undertake the exercise of

referencing of qualifications to the Malta Qualifications Framework

Provided that the level-rating process, requirements, conditions,

limitations and exclusions carried out by entities other than the

Commission shall be the same as those established by the

Commission

Provided further that the decision regarding the referencing of

such qualifications shall in every case lie with the Commission.

Malta Government Gazette — Legal Notice 2012 294 · Gazzetta tal-Gvern ta’ Malta Nru. 18,965 - 14.09.2012 — Regulations, 2012

(1)

There shall be appointed by the Commission a

coordinator who shall be responsible for the day-to-day management

of the Malta Qualifications Framework, hereinafter referred to as "the

Coordinator".

(2) Without prejudice to the generality of sub-regulation (1),

the Coordinator shall have the following responsibilities

(a)

to advise the Commission regarding any changes,

additions or deletions to the Malta Qualifications Framework

that may be required;

(b)

to monitor developments related to qualifications

frameworks at European and international levels and advise the

Commission regarding any action that may be required in view

of such developments;

(c)

to coordinate discussions with stakeholders

regarding all aspects of the Malta Qualifications Framework;

(d)

to convene, on a yearly basis, a national

colloquium for all public and private stakeholders about the

developments of the Malta Qualifications Framework, including

in particular European and international developments related to

the Malta Qualifications Framework.

Malta Government Gazette — Legal Notice 2012 294 · Gazzetta tal-Gvern ta’ Malta Nru. 18,965 - 14.09.2012 — Regulations, 2012

(1)

All schools and providers shall comply with the

criteria, requirements, conditions, limitations and exclusions

established by the Commission from time to time under these

regulations in accordance with its functions and powers under

regulation 4.

(2) Any school or provider that fails to comply with these

regulations shall be liable to an administrative fine not exceeding two

thousand and three hundred euro (€ 2,300). The Commission shall be

responsible for the imposition of such fines and for their enforcement

upon any person contravening these regulations, taking into account

the gravity of the non-compliance and any payments made to that

school or provider for the undertaking of any learning or research

process that was reasonably expected to lead to an award classified

within the Malta Qualifications Framework

Provided that prior to imposing such fine, the Commission shall

allow for a due period of time for the school or provider to comply

with sub-regulation (1).

Malta Government Gazette — Legal Notice 2012 294 · Gazzetta tal-Gvern ta’ Malta Nru. 18,965 - 14.09.2012 — Regulations, 2012

(1)

There shall be a Malta Qualifications Framework The Malta

Appeals Board, hereinafter referred to as "the Appeals Board", to Qualifications

Framework

which any person, school or further or higher education provider may Appeals Board.

appeal if aggrieved by a decision taken by the Commission with

respect to the referencing of a qualification to the Malta

Qualifications Framework in terms of these regulations.

(2) Appeals provided for in sub-regulation (1) have to be filed

in the Registry of the Appeals Board within ten days from the date

when the decision taken by the Commission is communicated to the

person, school or further or higher education provider so aggrieved.

(3) The Appeals Board shall consist of an independent

Chairman and two independent Members who shall be appointed by

the Minister from among persons of known integrity who appear to

him to be qualified by reason of experience of, and capacity in,

matters deemed appropriate for such purpose

Provided that one of the members of the Appeals Board shall

also act as Secretary to the Appeals Board, with the right to vote.

(4) A member of the Appeals Board shall abstain and may be

challenged in such circumstances as would disqualify a judge in terms

of Sub-Title II of Title II of Book Third of the Code of Organization Cap. 12.

and Civil Procedure; and in any such case the member shall be

substituted by another person appointed for such purpose by the

Minister.

(5) The members of the Appeals Board shall hold office for a

period of three years, and shall be eligible for re-appointment.

(6) A member of the Appeals Board may be removed from

office by the Minister on grounds of gross negligence, conflict of

interest, incompetence, or acts or omissions unbecoming a member of

the Appeals Board.

(7) The decisions of the Appeals Board shall be final except

with respect to points of law decided by the Appeals Board, from

which an appeal shall lie within twenty days to the Court of Appeal

(Inferior Jurisdiction); the judge shall have the right to decide in

camera that such appeal is frivolous or vexatious following the

closing of the stage of written submissions; such appeal shall also be

regulated by rules of court made under article 29 of the Code of

Organization and Civil Procedure.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →