Regulations, 2012

L.N. 295 of 2012

EDUCATION ACT

(CAP. 327)

Validation of Non-formal and Informal Learning

Regulations, 2012

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

Education Act, the Minister of Education and Employment has made

the following regulations:-

The title of these regulations is the Validation of Non-

Formal and Informal Learning Regulations, 2012.

For the purposes of these regulations, unless the context

otherwise requires -

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

of the Act;

"the Act" means the Education Act;

"body corporate" has the same meaning assigned to it by article

2 of the Act;

"the Commission" means the National Commission for Further

and Higher Education established by article 64 of the Act;

"informal 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" 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;

"occupational standards" means standards which describe what

an individual in a particular occupation should know and be able to

do to be formally recognised as competent in a given occupation;

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

of the Act;

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

the Act;

"Sector Skills Unit" is an industry-focused unit established by

the Commission that develops occupational standards and designs

qualifications with the purpose of improving the skills of the

workforce;

"validation of non-formal and informal learning" means a

process which identifies, assesses and formally certifies the

knowledge, skills and competences which individuals develop

throughout their lives by means of participation in non-formal and

informal learning.

The object of these regulations is to provide a regulatory Scope.

framework for the validation of non-formal and informal learning and

for the granting of validation awards classified within the Malta

Qualifications Framework in accordance with the types of awards

established within the Malta Qualifications Framework.

(1)

In accordance with article 65(i) of the Act, the National

Commission shall be the competent authority responsible for the Commission

Further and

validation of non-formal and informal learning and for classifying Higher

Education.

such validation at a level of the Malta Qualifications Framework.

(2) For the purpose of sub-regulation (1), the Commission

shall establish such structures and shall have such functions and

powers as provided in these regulations.

(3) Without prejudice to the powers of the Minister under the

Act, the Commission shall have such power and authority as may be

required for the proper performance by it of any and all of its

functions under these regulations.

(1)

In accordance with article 69(10) of the Act, the Sector Skills

Commission shall establish a Sector Skills Committee, the members Committee.

of which shall be appointed by the Commission with the approval of

the Minister for a period not exceeding three years and each member

shall be eligible for re-appointment.

(2) The Sector Skills Committee shall be composed as

follows

(a)

a Chairman;

(b)

a member representing industry in general;

(c)

a member representing education and training in

general;

(d)

a member representing employers;

(e)

a member representing employees, nominated by

the Malta Council for Economic and Social Development

established by article 3 of the Malta Council for Economic and

Social Development Act.

(3) The Sector Skills Committee shall formulate and develop

the following

(a)

policies and procedures to govern the Sector Skills

Units;

(b)

criteria and standards for the validation of non-

formal and informal learning;

(c)

guidelines for the assessment of skills and

competences for the purpose of the granting of awards by Sector

Skills Units;

(d)

guidelines for quality assurance in non-formal

learning;

(e)

occupational standards relevant to each economic

sector; and

(f)

sectoral qualifications frameworks referenced to

the Malta Qualifications Framework, on a proposal of the Sector

Skills Units

Provided that the instruments developed by the Sector Skills

Committee under this sub-regulation shall require adoption by the

Commission in order to be enforceable under these regulations.

(4) In the formulation, development and adoption of

occupational standards as provided in sub-regulation (3), the Sector

Skills Committee and the Commission shall have due regard to the

use of occupational standards in enhancing curriculum development,

specifying competences which workers need to possess, assisting in

certifying workers, assisting employers to carry out skills audits,

directing professional development within the workforce, facilitating

the recruitment process, setting quality standards within sectors and

occupations, facilitating the validation of non-formal and informal

learning, enabling Government to determine skills’ capacity at a

national level and promoting the mobility of workers across national

borders.

(5) Without prejudice to its specific competences under these

regulations, the Sector Skills Committee shall have the following

functions and responsibilities

(a)

to generally advise the Commission on all matters

related to the validation of non-formal and informal learning;

(b)

on the advice of the Sector Skills Units, to

establish, maintain and regulate the use of marks of distinction

and of quality assurance in non-formal education, with the

approval of the Commission;

(c)

to promote the benefits of validation of non-formal

and informal learning in Malta; and

(d)

to set up a register of persons awarded full or

partial awards classified within the Malta Qualifications

Framework.

(6) The Sector Skills Committee shall meet as often as

necessary and the quorum shall be three members, including the

Chairman.

(7) In the absence of consensus, decisions of the Sector Skills

Committee shall be taken by a majority of votes of the members

present and voting; in the case of an equality of votes, the Chairman

shall exercise a casting vote.

(8) Any vacancy among members of the Sector Skills

Committee shall not invalidate the proceedings of the Committee.

(9) The Sector Skills Committee shall compile and send to the

Commission, not later than four weeks after the end of each financial

year, an annual report on its activities during that year, including the

policies, functions and future plans of the Sector Skills Committee.

Such report shall be integrated with the annual report to be compiled

and sent by the Commission to the Minister in accordance with article

66 of the Act.

(1)

The Commission shall from time to time, on the Sector Skills

advice of the Sector Skills Committee and in accordance with these Units.

regulations, establish Sector Skills Units, the members of which shall

be appointed by the Commission with the approval of the Minister.

(2) The Sector Skills Units shall be composed as follows

(a)

a Chairman;

(b)

two members representing the respective economic

(c)

two members representing education and training;

(d)

one member representing a government authority

or board associated with the sector; and

(e)

one member appointed by workers’ representatives

within the sector.

(3) Sector Skills Units shall be under the direct responsibility

of the Sector Skills Committee and shall apply the instruments

established by the Commission under these regulations.

(4) Sector Skills Units shall have the following objectives

(a)

to ensure the consistency and relevance of

occupational standards;

(b)

to reduce skills gaps and skills shortage and to

improve the skills and productivity of their sector’s workforce;

(c)

to improve learning supply and to ensure the

recognition and certification of skills and competences.

(5) Sector Skills Units shall have the following functions and

(a)

to develop and propose to the Sector Skills

Committee occupational standards relevant to their respective

(b)

to develop and propose to the Sector Skills

Committee guidelines and mechanisms for the validation of

non-formal and informal learning for all skills within their

respective sector;

(c)

to develop and maintain a sectoral qualifications

framework referenced to the Malta Qualifications Framework;

(d)

to provide guidance and counselling services to

persons submitting their documented experiences for validation;

(e)

to undertake assessments and tests for validating

non-formal and informal learning;

(f)

to audit from time to time all assessment processes

and results achieved thereby;

(g)

to develop and propose to the Sector Skills

Committee marks of distinction and of quality assurance in the

provision of non-formal learning in their respective sector and

to oversee the use and implementation of such marks in

accordance with the requirements of the Commission;

(h)

to advise on, and promote, the benefits of

validation of non-formal and informal learning in their

respective sector;

(i)

to advise the Sector Skills Committee on the state,

operation, needs and prospects of the sector from an education

and training perspective; and

(j)

to compile and send to the Sector Skills Committee

not later than six weeks after the end of each financial year, an

annual report on its activities during that year, including the

policies, functions and future plans of the respective Sector

Skills Unit.

(6) Members of the Sector Skills Units shall be appointed for a

period not exceeding three years and shall be eligible for re-

appointment.

(7) Each Sectors Skills Unit shall meet as often as necessary

and the quorum shall be four members, including the Chairman.

(8) In the absence of consensus, decisions of the Sector Skills

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

and voting; in the case of an equality of votes, the Chairman shall

exercise a casting vote.

(9) Any vacancy among members of the Sector Skills Units

shall not invalidate the proceedings of the Units.

(10) The Commission shall appoint one or more coordinators

who shall be responsible for the day-to-day management of the Sector

Skills Units and to provide appropriate support for their meetings and

to implement any decisions taken.

(1)

The Sector Skills Committee, shall, with the Validation

approval of the Commission, appoint one or more validation process practitioners.

managers and external evaluators as validation practitioners, with the

aim of ensuring ongoing quality and trust in the validation process.

(2) Validation process managers shall be tasked with

managing and coordinating the validation process of awards provided

by bodies corporate and the validation of individuals across the

Sector Skills Units.

(3) External evaluators shall be tasked with providing quality

assurance of the validation process and with training counsellors and

assessors. External evaluators shall operate as independent external

evaluators.

(4) There shall also be additional validation practitioners

appointed by the Sector Skills Units in accordance with regulation 9.

(1)

The Sector Skills Committee shall maintain and

publish an updated register of bodies corporate providing non-formal

learning activities and of non-formal learning awards, as approved by

the Commission.

(2) Any body corporate providing non-formal learning may

apply to the Sector Skills Committee to be listed in the register

referred to in sub-regulation (1). The listing of any body corporate on

such register shall be valid for a period not exceeding three years,

subject to renewal.

(3) Bodies corporate listed in the register referred to in sub-

regulation (1) shall apply to the Sector Skills Committee for their

awards to be validated by the Commission, on the advice of the

Sector Skills Committee, and for an award to be classified by the

Commission at a level of the Malta Qualifications Framework.

(4) The listing, or the renewal thereof, of a body corporate and

its awards in the register referred to in sub-regulation (1) shall be

subject to such requirements, conditions, limitations and exclusions

as the Sector Skills Committee, with the approval of the Commission,

may consider necessary, appropriate and proportionate in accordance

with these regulations.

(5) The Commission shall, on the advice of the Sector Skills

Committee, establish the criteria for the listing of a body corporate

and its awards on the register referred to in sub-regulation (1) which

criteria shall include provisions relating to the quality of the non-

formal learning activities provided.

(6) The Commission may, on the advice of the Sector Skills

Committee, suspend or revoke the listing of a body corporate from

the register referred to in sub-regulation (1) where it is apparent to the

Commission that the non-formal learning activities provided by it, or

the quality of the provision of such activities, substantially differ

from that evidenced by it at the time of the listing.

(7) The register referred to in sub-regulation (1) shall stipulate

the name of the body corporate, the type of non-formal learning

activities provided by the body corporate and the awards conferred by

the body corporate.

(8) All bodies corporate listed in the register shall comply with

the provisions of these regulations and the requirements, conditions,

limitations and exclusions published by the Commission, on the

advice of the Sector Skills Committee, from time to time.

(9) Any body corporate listed in the register that fails to

comply with these regulations shall be liable to an administrative fine

not exceeding one thousand and one hundred euro (€1,100). The

Commission shall be responsible for the imposition of 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 a body corporate

Provided that prior to imposing such fine, the Commission shall

allow for a due period of time for the body corporate to comply with

sub-regulation (8), during which time the Commission may suspend

the listing of the body corporate concerned in accordance with sub-

regulation (6).

(1)

Persons who have undertaken non-formal or Individual

informal learning for at least three years in a specific economic sector validation

process.

may apply to the Sector Skills Committee to have their prior non-

formal or informal learning experience validated in accordance with

the process provided in this regulation.

(2) The validation process undertaken for the purpose of the

validation of an individual’s prior non-formal or informal learning

experience shall be voluntary, provide equal access and equal and fair

treatment to all individuals, respect the rights of individuals, be

transparent and be underpinned by the principle of quality assurance.

(3) Any individual applying for validation of prior non-formal

or informal learning, hereinafter referred to as "a candidate", can

apply for a maximum of two validations each year.

(4) Upon application, the Sector Skills Committee shall

provide candidates with all necessary information and guide them

towards the specific Sector Skills Unit relevant to their application.

(5) The Sector Skills Committee shall establish, with the

approval of the Commission, the format of a portfolio to be given by

candidates to the Sector Skills Unit, which portfolio shall document

and provide evidence of all the experiences of the candidate relevant

to the validation being sought.

(6) The Sector Skills Units shall provide assistance to the

candidates in the compilation of the portfolio referred to in sub-

regulation (5), by means of guidance practitioners appointed by the

Sector Skills Units with the approval of the Sector Skills Committee.

The portfolio may include personal details, work experiences,

résumés, references from employers, documents related to formal

qualifications, photographs and audio and video clips relevant to the

validation being sought.

(7) Guidance practitioners referred to in sub-regulation (6)

shall be trained individuals tasked with preparing candidates for the

validation process by informing them about the relevant procedures,

advising them how to organise and document evidence of learning,

assisting candidates to prepare for their assessment and guiding them

after the assessment decision. Guidance practitioners shall be

validation practitioners who have knowledge of the validation

process and the assessment procedures used, and of the education

system and an understanding of the labour market.

(8) The Sector Skills Committee shall establish, with the

approval of the Commission, the procedures, methods and tools to be

applied by the Sector Skills Units for the assessment of candidates in

the validation process.

(9) Assessment procedures, methods and tools established in

accordance with sub-regulation (8) shall make provision for

candidates’ technical or professional competences, personal

competences and social competences.

(10) Assessment procedures established in accordance with

sub-regulation (8) shall take into consideration criteria stipulated in

published occupational standards and shall be undertaken by qualified

assessors.

(11) Assessment methods and tools established in accordance

with sub-regulation (8) shall be based on the criteria of validity of the

tool, reliability of results, fairness and fitness for purpose.

(12) One or more of the following assessment methods may be

applied by the Sector Skills Units for the purpose of the assessment

referred to in sub-regulation (8)

(a)

debate or interview, where candidates demonstrate

the depth of their knowledge and communication and social

skills;

(b)

declarative methods, where candidates demonstrate

critical reflection, while making evidence-based statements

about the competences they possess;

(c)

observation, where candidates’ behaviour is

observed, which can take place either through a simulated or a

real-life work scenario; or

(d)

tests and examinations, where candidates

demonstrate, orally or in writing, their competences on a

specific subject.

(13) The assessment of candidates shall be undertaken by

assessors who shall be validation practitioners appointed by the

Sector Skills Units with the approval of the Sector Skills Committee.

Assessors shall be individuals trained in assessment and validation

who are tasked with judging candidates in order to determine whether

specific assessment criteria are met. Assessors shall have knowledge

of the specific sector concerned, of the validation process and of the

assessment methods used. Assessors shall not have any personal

interest in the validation outcomes.

(14) Assessors shall recommend to the Sector Skills Units

whether candidates merit to be conferred with a full or partial award.

(1)

Sector Skills Units may from time to time Subcontracting

subcontract other public or private entities to carry out the assessment of

procedures.

required for the validation of non-formal and informal learning of

candidates.

(2) The Sector Skills Units which subcontract the carrying out

of assessments in accordance with sub-regulation (1) shall ensure that

the entity to which such subcontracting is made uses the procedures,

methods and tools established by the Sector Skills Committee in

accordance with these regulations and complies with such

requirements, conditions, limitations and exclusions as required by

the Sector Skills Committee, with the approval of the Commission.

(1)

The validation referred to in regulation 9 shall be

given by means of a full or partial award conferred upon a candidate

by the Sector Skills Unit as authorised by the Commission, on the

advice of the Sector Skills Committee, for the granting of that award

and for the classification of the award at a specific level of the Malta

Qualifications Framework

Provided that the Commission shall not authorise the conferring

of such award upon any person at any level higher than Level 4 of the

Malta Qualifications Framework.

(2) Awards conferred by the Sector Skills Units in accordance

with this regulation shall have the same value as nationally accredited

qualifications classified at the same level of the Malta Qualifications

Framework.

(3) Awards conferred by the Sector Skills Units in accordance

with this regulation shall stipulate the name of the individual upon

whom the award is conferred, the type of award conferred and the

date of conferral of the award.

(4) Awards conferred by the Sector Skills Units in accordance

with this regulation shall be accompanied by an award supplement, to

be drafted in accordance with the requirements of the Sector Skills

Committee, as authorised by the Commission. The award supplement

shall contain details about the knowledge, skills and competences of

the individual upon whom the award is conferred.

(5) When an award is conferred upon a person in accordance

with this regulation, the Sector Skills Committee shall include the

name of such awardee and of the award in the register of persons

awarded full or partial awards classified within the Malta

Qualifications Framework in accordance with regulation 5(5).

Fees payable to the Sector Skills Units and the Sector

Skills Committee shall be proposed by the Commission to the

Minister, who shall establish such fees from time to time, by means of

a notice in the Gazette.

(1)

There shall be a Sector Skills Appeals Board,

hereinafter referred to as "the Appeals Board" to which any person or

body corporate may appeal if aggrieved by a decision taken by

Commission, Sector Skills Committee or Sector Skills Units with

respect to the validation of non-formal and informal learning in terms

of these regulations.

(2) Any appeal referred to in sub-regulation (1) shall be filed

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

when the decision is communicated to the person or body corporate

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 having had experience of, and shown

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 Cap. 12.

Organization 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 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 Cap. 12.

Organization and Civil Procedure.

€1.17