MT
Quality Assurance) Regulations, 2012
Table of Provisions (58)
Statutory Text (58 Articles)
L.N. 296 of 2012
EDUCATION ACT
(CAP. 327)
Further and Higher Education (Licensing, Accreditation and
Quality Assurance) Regulations, 2012
IN exercise of the powers conferred by article 135(t) of the
Education Act, the Minister of Education and Employment has made
the following regulations:-
The title of these regulations is the Further and Higher Citation.
Education (Licensing, Accreditation and Quality Assurance)
Regulations, 2012.
[Regulations 8(6) and 46]
SELF-ACCREDITING PROVIDERS
1. A "self-accrediting provider" means a public or private university,
higher education institution or further education institution established as a self-
accrediting provider by the Act or by any regulation made thereunder, or by any
other law, which by virtue of such status, has the capacity to self-accredit existing
and new programmes and is exempt from provider and programme accreditation
for the purposes of these regulations. Self-accrediting providers do not have the
power to accredit other providers or their programmes.
2. A "Non self-accrediting provider" is a public or private provider which
requires provider and programme accreditation from the Commission under these
regulations in order to provide further or higher education in or from Malta.
3. By virtue of these regulations, the following are self-accrediting
providers
(a)
the University of Malta, for programmes up to and including
level 8 of the Malta Qualifications Framework;
(b)
the Malta College of Arts, Science and Technology, only for
programmes up to and including level 6 of the Malta Qualifications
Framework; and
(c)
the Institution of Tourism Studies, only for programmes up to
and including level 5 of the Malta Qualifications Framework.
These regulations shall apply to all those providing, or Applicability.
seeking to provide further or higher education in Malta, including
providers established under the Education Act or any regulations
made thereunder or by any other Act.
PART I
PRELIMINARY
[Regulation 9 (1)]
CATEGORIES OF PROVIDERS’ LICENCES
Category 1: "University"
A licence to operate as a ‘university’ permits a provider established as a
‘University’ under the Act or by a regulation made thereunder, or by any other law,
as well as providers which are not so established, to provide accredited ‘higher
education programmes’, as defined in the Third Schedule, including those self-
awarded or otherwise.
For eligibility for a licence as university, a provider must be a body corporate
and a self-awarding provider of higher education programmes.
Category 2: "Higher education institution"
A licence to operate as a "higher education institution" permits a provider to
provide accredited "higher education programmes", as defined in the Third
Schedule, whether self-awarded or otherwise. This licence includes higher
education institutions established by the Act or by a regulation made thereunder or
by any other law. It also includes providers which are not so established.
For eligibility for a licence as a "higher education institution", a provider
shall be a body corporate.
A licence to operate as a "higher education institution" does not authorise a
provider to provide "further education programmes" as defined in the Third
Schedule.
Category 3: "Further education institution"
A licence to operate as a "further education institution" permits a provider to
provide accredited "further education programmes" as defined in the Third
Schedule, whether self-awarded or otherwise. This licence includes further
education institutions established by the Act or by a regulation made thereunder or
by any other law. It also includes providers which are not so established.
For eligibility for a licence as a "further education institution", a provider
shall be a body corporate.
A licence to operate as a "further education institution" does not authorise a
provider to provide "higher education programmes" as defined in the Third
Schedule.
Category 4: "Further education centre"
A licence to operate as a "further education centre" permits a provider to
provide accredited "further education programmes" as defined in the Third
Schedule, which are non-self-awarded.
For eligibility for a licence as "further education centre", the provider shall
be an individual and shall not be a body corporate.
A licence to operate as a "further education centre" does not authorise a
provider to provide self-awarded "further education programmes" or "higher
education programmes" as defined in the Third Schedule.
Category 5: "English as a foreign language teaching centre"
A licence to operate as an "English as a Foreign Language Teaching Centre"
permits a provider to provide, as its main mission, non-compulsory English
language teaching to non-native speakers by means of accredited "further
education programmes" as defined in the Third Schedule, whether self-awarded or
otherwise.
A licence to operate as an "English as a foreign language teaching centre"
does not authorise a provider to provide the following
(a)
"higher education programmes" as defined in the Third
Schedule; or
(b)
"further education programmes" as defined in the Third
Schedule, which are not designed for the teaching of the English language to
non-native speakers
Provided that the Commission may accredit an "English as a foreign
language teaching centre" to provide "further education programmes" and "higher
education programmes" that serve to obtain a qualification which enables persons
to teach English as a foreign language.
In these regulations, unless the context otherwise requires
Interpretation.
"accreditation" has the same meaning assigned to it by article 63
of the Act;
"accredited programme" means a programme which has
obtained programme accreditation in accordance with these
regulations;
"accredited provider" means a provider which has obtained
provider accreditation in accordance with these regulations;
"the Act” means the Education Act;
"agent" means a person, whether within or outside Malta, who
represents a provider, acts on behalf of a provider, or purports to do so
in cross-border relations relevant to the provider;
"awarding provider" means the provider which is responsible
for issuing the qualification awarded;
"body corporate" has the same meaning assigned to it by article
2 of the Act;
"Commission" means the National Commission for Further and
Higher Education established by article 64 of the Act;
"comparable level" means the comparability of the level of a
foreign qualification with the level of a national qualification;
"credit" means a quantified expression of the volume of
learning based on the achievement of learning outcomes and their
associated workloads;
"document" includes a copy of a document;
"foreign qualification" means a qualification awarded outside
Malta and classified within a recognised qualifications framework;
"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;
"guidelines" means a set of rules and requirements issued by the
Commission from time to time for the implementation of the
provisions of these regulations;
"higher education" has the same meaning assigned to it by
article 63 of the Act;
"intending student" means a person, whether within or outside
Malta, who intends to become, or who has taken any steps towards
enrolling, as a student with a provider in Malta;
"internal quality assurance" means a process of internal quality
evaluation carried out by a provider and institutionalised within the
structure, policy and operations of the provider;
"learning" has the same meaning assigned to it by article 63 of
the Act;
"learning outcome" has the meaning assigned to it by the Act or
any regulations made thereunder, for the purpose of establishing the
Malta Qualifications Framework;
"licence" means a licence issued to a provider in accordance
with these regulations, authorising a provider to provide further or
higher education in Malta;
"licensee" means a provider licensed by the Commission in
accordance with these regulations;
"Malta Qualifications Framework" has the same meaning
assigned to it by article 63 of the Act;
"the Minister" means the Minister responsible for education;
"national qualification" means a qualification awarded in Malta
and classified at a level of the Malta Qualifications Framework;
"non-compulsory education" means education which serves to
obtain a qualification classified at any level of the Malta
Qualifications Framework or of a recognised foreign qualifications
framework, excluding any qualification obtained upon completion of
compulsory education provided in accordance with the framework of
the national curriculum established under article 47 of the Act;
"non self-awarding provider" means a provider that provides
programmes leading to qualifications which are awarded by a third
party;
"overseas student" means a person, whether within or outside
Malta, who is not a citizen of Malta and is enrolled with a provider in
Malta;
"premises" means the whole or part of an area of land or any
other place, whether or not it is enclosed or built on, a building or
other structure, or a vehicle or vessel;
"Principal Immigration Officer" has the same meaning assigned
to it by article 2 of the Immigration Act;
"programme" has the same meaning assigned to it by article 63
of the Act;
"programme
accreditation"
means
the
formal
acknowledgement, issued by the Commission in accordance with
these regulations, of the status, legitimacy and appropriateness of a
programme;
"programme quality audit" means a quality audit of the
components and activities within a programme and the facilities
available therefor;
"provider" has the same meaning assigned to it by article 63 of
the Act;
"provider accreditation" means the formal acknowledgement,
issued by the Commission in accordance with these regulations, of
the status, legitimacy and appropriateness of a provider;
"provider quality audit" means a quality audit of the operation
of a provider, including its organisation, strategy, policy, procedures,
financial matters, management and facilities;
"provision" has the same meaning assigned to it by article 63 of
the Act;
"qualification" has the same meaning assigned to it by article 63
of the Act;
"quality assurance" has the same meaning assigned to it by
article 63 of the Act;
"quality audit" has the same meaning assigned to it by article 63
of the Act;
"recognised foreign qualifications framework" means a
framework of qualifications officially adopted outside Malta and
structured in a comparable manner to the Malta Qualifications
Framework;
"recognised foreign quality assurance or accreditation agency"
means a quality assurance or accreditation agency recognised by the
State of its country of origin as an official quality assurance or
accreditation agency for providers or programmes of further or higher
education;
"self-awarding provider" means a provider that provides
programmes leading to qualifications awarded and issued by it;
"serve to obtain" means lead to, or prepare for, obtaining a
qualification;
"student visa" means the document issued by the Principal
Immigration Officer which gives an individual leave to land and
remain in Malta for the purposes of study, for a specific period as
indicated therein;
"third-country student" means a person, whether within or
outside Malta, who is not a citizen of a country within the European
Union and is enrolled with a provider in Malta;
"tuition fee" means the money a provider receives directly or
indirectly, from a student, an intending student, or another person
who pays the money on behalf of a student or intending student, in
whole or in part, for a programme that the provider is offering or
providing to the student. Tuitions fees also include the following
(a)
any amount received by the provider in order to
pay, on behalf of the student, to any third party as agreed with
the student or any representative or legal guardian of the student
in a written agreement; and
(b)
any other amount that the student has to pay the
provider, directly or indirectly, in order to undertake the
programme.
[Regulation 43]
CATEGORIES OF PROGRAMME ACCREDITATION
"Further education programme"
An academic, vocational or professional programme which is of non-
compulsory formal education and is accredited by the Commission under these
regulations as one which leads to a national qualification classified up to and
including Malta Qualifications Framework Level 4 or a foreign qualification at a
comparable level.
"Further education module"
Part of a "further education programme" offered by a provider which
simultaneously offers one or more "further education programmes", accredited by
the Commission under these regulations as a module and which serves to obtain,
only in part, a national qualification classified up to and including Malta
Qualifications Framework Level 4 or a foreign qualification at a comparable level.
"Higher education programme"
An academic, vocational or professional programme which is of non-
compulsory formal education, training or research and is accredited by the
Commission under these regulations as one which leads to a national qualification
with the title of Degree, Certificate, Diploma or other similar title at Malta
Qualifications Framework Level 5 or higher or a foreign qualification of a similar
title at a comparable level.
"Higher education module"
Part of a "higher education programme" offered by a provider which
simultaneously offers one or more "higher education programmes", accredited by
the Commission under these regulations as a module and which serves to obtain,
only in part, a national qualification at Malta Qualifications Framework Level 5 or
higher or a foreign qualification at a comparable level.
"Approved foreign further education programme"
An academic, vocational or professional programme of non-compulsory
formal education which is accredited by a recognised foreign accreditation agency
and leads to an award awarded by a foreign provider and a foreign qualification
classified as comparable to a level up to and including Malta Qualifications
Framework Level 4.
This programme does not lead to a national qualification.
"Approved foreign higher education programme"
An academic, vocational or professional programme of non-compulsory
formal education, training or research which is accredited by a recognised foreign
accreditation agency and leads to an award awarded by a foreign higher education
provider and a foreign qualification classified at a level comparable to Malta
Qualifications Framework Level 5 or higher. This programme does not lead to a
national qualification.
€4.23
(1)
In accordance with article 65 of the Act, the Competent
Commission shall be the competent authority for licensing, authority
licensing,
accreditation and quality assurance of providers and programmes.
accreditation
and quality
assurance.
(2) Where reference is made under these regulations to
adherence to guidelines made and published by the Commission, the
Commission is authorised to issue, amend and revoke guidelines as it
deems fit for the purpose of the implementation of the respective
provisions of these regulations.
(3) For the purposes of its accreditation and external quality
assurance functions, the Commission shall be sufficiently
independent from government, from providers as well as from
business, industry and professional associations in all their operations
and decisions.
(4) In accordance with article 69(10) of the Act, the
Commission shall establish a Quality Assurance Committee to carry
out its licensing, accreditation and quality assurance functions under
these regulations. Decisions taken by the Quality Assurance
Committee require adoption by the Commission for their validity and
enforcement
Provided that reference to "the Commission" under these
regulations shall be construed as reference to the Quality Assurance
Committee, unless the context shall otherwise require.
(5) The Quality Assurance Committee referred to in the
previous sub-regulation shall compile and send to the Commission an
annual report, not later than four weeks after the end of each financial
year, on its activities during that year, including the policies,
functions and future plans of the Quality Assurance Committee. Such
report shall be integrated with the annual report to be compiled and
sent by the Commission to the Minister in accordance with the article
66 of the Act
Provided that such annual report may include matters relating to
quality assurance and accreditation, including the standards and
outcomes of the Maltese further and higher education system,
processes and international standing, and the impact of these
regulations and any guidelines issued under these regulations on
Maltese further and higher education, using information available
through quality audits and accreditation, and from other sources.
(6) In undertaking its functions as the competent authority for
licensing, accreditation and quality assurance of providers and
programmes under these regulations, the Commission shall enter into
agreements with sectoral bodies engaged in matters which in any
manner relate to the regulation, supervision, monitoring or quality of
the provision of further or higher education, with the purpose of
setting up a system for such sectoral bodies to assist the Commission
in its functions under these regulations.
PART II
LICENSING OF PROVIDERS
(1)
All providers providing further or higher education
in or from Malta require a licence issued by the Commission to
operate in Malta. A licence to provide further or higher education
under these regulations shall only be issued, renewed, changed or
extended if the provider complies with the provisions of these
regulations
Provided that it shall not be lawful for an unlicensed provider to
provide further or higher education in or from Malta, whether under
an arrangement with a licensee or otherwise.
(2) A provider is to carry on its activity in Malta in order to be
eligible to apply for a licence
Provided that these regulations do not preclude foreign
ownership.
(3) In accordance with regulation 8(3), provider and
programme accreditation obtained under these regulations shall be
required in order for a provider to apply for the licence referred to in
sub-regulation (1). The validity of such licence shall be contingent
upon the continued applicability of accreditation on the basis of
periodic quality audits in accordance with regulation 37(1)(c).
(4) Where a provider has obtained a licence under these
regulations, it is prohibited for such provider to provide further or
higher education programmes at a level of the Malta Qualifications
Framework not indicated in such licence.
(5) All providers shall comply with the provisions of these
regulations and any guidelines made by the Commission under these
regulations from time to time.
(6) Any provider that fails to comply with any of the
provisions of these regulations or any guidelines established by the
Commission in accordance with these regulations shall be liable to an
administrative fine not exceeding four thousand euro (€4,000). The
Commission shall be responsible for the imposition of such fines and
for their enforcement upon any person contravening these regulations
and the guidelines referred to in sub-regulation (5), taking into
account the gravity of the non-compliance and any payments made to
that provider for the undertaking of a further or higher education
programme
Provided that prior to imposing a fine as provided in this
regulation, the Commission shall allow for a due period of time for
the provider to comply with sub-regulation (5).
(1)
Providers providing the following types of Exceptions and
programmes do not require a licence issued under these regulations in exclusions.
order to provide these programmes
(a)
short programmes or courses which lead to a
certificate of attendance;
(b)
continuous professional development programmes
or courses which are regulated by professional accreditation
bodies;
(c)
any type of programme which does not purport to
serve for obtaining a qualification classified within the Malta
Qualifications Framework or a recognised foreign qualifications
framework;
(d)
programmes developed and provided by a company
for proprietary purposes, or provided by other bodies or entities
on its behalf, and for exclusive use within that company, which
proprietary purposes shall be reflected in the name of the
certificate or other type of award obtained upon successful
completion of that programme
Provided that providers providing the programmes referred to in
this regulation shall seek accreditation and apply for a licence under
these regulations where they require such programmes to serve for
obtaining qualifications classified within the Malta Qualifications
Framework or a recognised foreign qualifications framework.
(2) The Commission may make guidelines in order to exempt
further education centres, as defined in the Second Schedule, from the
requirements of provider or programme accreditation or of quality
assurance under these regulations.
In the event of reasonable doubt as to whether an activity
constitutes the act of provision of further or higher education, or
whether the activity of a provider is or is not being transacted in or
from Malta, the matter shall be conclusively determined by the
Commission.
(1)
Any new or unlicensed provider seeking to obtain a
licence or any licensee seeking to renew or change its licence or
extend the category under which it is licensed under these regulations,
is required to apply to the Commission for such purpose.
(2) The Commission may grant or refuse any application made
under sub-regulation (1) in accordance with these regulations.
(3) In accordance with regulation 5(3), prior to making an
application under sub-regulation (1), providers seeking to make such
application shall be required to obtain both provider accreditation and
programme accreditation under these regulations.
(4) For the purpose of fulfilling the requirements of regulation
5(3) and sub-regulation (3), programme accreditation for all
programmes offered by a provider shall be issued on the basis of
quality audits of a sample of the programmes offered by the provider,
which sample is to be determined by the Commission and which
shall, in every case, implicate a similar percentage of programmes
across all providers.
(5) Notwithstanding the generality of the provisions of
regulation 5(3) and sub-regulation (3), where a provider provides
further or higher education that serves to obtain a further or higher
education qualification only in part, "programme accreditation" shall
be construed as referring to that part of the programme provided.
Such part programme shall be accredited as a "further education
module" or "higher education module" as defined in the Third
Schedule
Provided that such further or higher education modules may
only be offered by providers who simultaneously offer full further or
higher education programmes respectively, as defined in the Third
Schedule.
(6) Notwithstanding the generality of the provisions of Self-accrediting
regulation 5(3) and sub-regulation (3), providers established by the providers.
Act or any regulation made thereunder, or by any other law, and
granted the status of self-accrediting providers as defined in the First
Schedule shall be exempt from the requirement of first-time
accreditation
Provided that self-accrediting providers shall be required to
review such status through provider and programme quality audits
undertaken in accordance with regulation 37(1)(c), prior to the lapse
of five years from the date of the coming into force of these
regulations, and every five years periodically thereafter
Provided further that in the event of a negative outcome of such
quality audit, the Commission may impose any condition or
restriction that it may deem necessary in accordance with regulations
12 and 13 respectively on such self-accrediting providers.
(7) For the purpose of fulfilling the requirements of regulation Application for
5(3) and of sub-regulation (3), where a provider already licensed in extension
licence.
one or more of the licence categories referred to in the Second
Schedule applies for the extension of its licence to another licence
category, the Commission may exempt the provider from undergoing
a provider quality audit to serve as the basis for extension of the
provider’s licence to a new category
Provided that the Commission may so exempt the provider from
undergoing an additional provider quality audit only if it is satisfied,
on the basis of programme quality audits carried out for the purpose
of assessing new programmes to be offered by the provider, and on
the basis of a previous provider quality audit, that such provider
quality audit is not necessary in the circumstances
Provided further that, in such case, the Commission may issue
provisional provider accreditation in accordance with regulation
34(2)(d), for the remaining term up to the date of expiry of the
provider’s existing provider accreditation, as it deems appropriate.
On the basis of such provisional provider accreditation, the
Commission shall issue a provisional extension of the provider’s
licence, which provisional extension shall be valid for the same term
as the provisional accreditation.
(8) The Commission shall make and publish guidelines to
establish such information to be supplied by providers for the purpose
of an application under sub-regulation (1)
Provided that, by means of such guidelines, the Commission
may establish different information requirements for different
categories of licensees referred to in the Second Schedule.
(9) An application made under sub-regulation (1) may only be
withdrawn by written notice to the Commission at a time before the
licence has been issued or refused.
(10) The Commission shall determine each application made
under sub-regulation (1) within thirty working days of receipt of the
application or, if the application does not comply with subregulation
(3) or if additional information is required, within thirty days of
compliance with the said sub-regulation or the furnishing of the
additional information as the case may be.
(1)
A provider shall apply for a licence to operate in
one or more of the following categories of providers’ licences as
defined in the Second Schedule
(a)
a University;
(b)
a Higher education institution;
(c)
a Further education institution;
(d)
a Further education centre; or
(e)
an English as a foreign language teaching centre
Provided that a provider must be a body corporate in order to be
eligible to be licensed in the categories referred to in paragraphs (a),
(b) or (c) and that a provider has to be an individual in order to be
eligible to be licensed in the category referred to in paragraph (d).
(2) The licence issued by the Commission shall authorise a
provider to operate in one or more of the categories referred to in the
previous subregulation and to offer further or higher education
programmes classified at specified levels of the Malta Qualifications
Framework.
(3) The Commission may issue a provisional licence where
provisional provider accreditation has been granted in accordance
with regulation 34(2)(d).
(4) A licence issued under these regulations shall be issued in
the name of the provider and shall be assigned a licence number.
(5) A licence issued under these regulations shall indicate the
following
(a)
the licence number;
(b)
the name of the provider;
(c)
the name of the person vested with the legal
representation of the provider;
(d)
the category or categories for which the licence has
been issued, in accordance with the categories referred to in
sub-regulation (1);
(e)
the further or higher education programmes,
identified by means of their respective Malta Qualifications
Framework level, that the licensee is authorised to provide by
means of such licence; and
(f)
any condition or restriction imposed on the
licensee in accordance with regulations 12 and 13.
(6) The Commission shall make and publish guidelines to
establish such information to be supplied annually by licensees
Provided that, by means of such guidelines, the Commission
may establish different information requirements for different
categories of licensees referred to in the Second Schedule.
All licensed providers in Malta shall be included in the Register of
register of licensed and accredited providers operating in Malta licensed
accredited
maintained and published by the Commission in accordance with providers.
article 66 of the Act.
(1)
The Commission may refuse to issue, renew, Refusal to issue,
renew, change
change or extend a licence in the following circumstances
or extend a
licence.
(a)
if the applicant provider is found to be in violation
of the provisions of these regulations or of any guidelines made
and published by the Commission in accordance with these
regulations;
(b)
if it is satisfied that any person employed or
proposed to be employed by the provider in a headship position
is not of good conduct or has been convicted of an offence;
(c)
if it is satisfied that the legal representative of the
provider, or, where the provider is a body corporate, any of its
members
(i)
is not of good conduct;
(ii)
has been convicted of an offence;
(iii) is disqualified from managing corporations
under the provisions of any law; or
(iv) is subject to any law, regulation,
administrative provision, or is in any other manner
prevented from acting in the capacity assigned to him;
(d)
the Commission may also refuse to issue, renew,
change or extend a licence if it is satisfied that
(i) the provider ’s registration has ever been
cancelled or suspended for any one or more programmes
from any other official authority;
(ii) the provider is subject to any law, regulation,
administrative provision, or is in any other manner
prevented from acting as a provider in Malta;
(iii) the provider uses or proposes to use its
premises in contravention of applicable development and
planning regulations or for any purposes which are in any
way improper, unethical or unlawful; or
(iv) the provider uses or proposes to use premises
which provide a hazard to those within.
(2) Where the Commission refuses an application to issue,
renew, change or extend a licence under these regulations it shall
inform the applicant in writing with the reasons for the refusal.
(3) All public further or higher education providers
established by the Act or any regulations made thereunder or by any
other law shall be deemed to have a licence in accordance with these
regulations
Provided that such providers shall be required to undertake any
provider and programme quality audits that are required in
accordance with regulation 37(1) and these shall be undertaken prior
to the lapse of five years from the date of the coming into force of
these regulations and every five years periodically thereafter, in the
manner provided in regulation 38.
(1)
Upon issuing a licence, the Commission may
impose conditions on the licensee in accordance with the
requirements of these regulations or any guidelines made and
published by the Commission in accordance with these regulations.
(2) The Commission may make the conditions referred to in
sub-regulation (1) applicable for a specific period of time. In such
case, it shall specify the length of such period in the licence. In the
event of no such specification in the licence, the condition shall be
deemed to apply for the whole duration of the licence.
(3) At any time after having issued a licence, the Commission
may vary or remove any condition imposed under sub-regulation (1)
or impose new conditions on the licensee in accordance with these
regulations or any guidelines made and published by the Commission
in accordance with these regulations, where these refer to licensees.
(1)
At any time after having issued a licence, the Licence
Commission may impose restrictions on the licensee in any of the restrictions.
following cases
(a)
if any document or information accompanying an
application for a licence or any information given in connection
therewith is false or if the licensee conceals from, or fails to
notify the Commission of, any document or information or
change therein which was its duty to reveal or notify under these
regulations or in accordance with any guidelines made and
published by the Commission in accordance with these
regulations;
(b)
if programme accreditation previously granted to a
licensee is revoked in accordance with the provisions of these
regulations;
(c)
if the licensee ceases to carry on the activity
pursuant to the licence in Malta for more than six months;
(d)
if the licensee fails to comply with the conditions
under which the licence has been issued;
(e)
if the licensee is likely to become unable to meet its
obligations under the licence; or
(f)
due to any other matter in violation of the
provisions of these regulations or any guidelines made and
published by the Commission in accordance with these
regulations, where these refer to licensees.
(2) The Commission may vary or remove any restriction
imposed under this regulation at any time after having issued a
licence.
(3) Restrictions imposed by the Commission in accordance
with this regulation shall be such as the Commission shall consider
appropriate for the proper compliance by the licensee with the
requirements of these regulations or any guidelines made and
published by the Commission in accordance with these regulations,
where these refer to licensees.
(1)
The Commission shall revoke a licence in the
following circumstances
(a)
where the licensee breaches any condition or
restriction imposed by the Commission in accordance with the
provisions of these regulations
Provided that where the Commission has imposed on the
licensee a condition or restriction in accordance with
regulations 12 or 13, it may only revoke a licence on the
expiration of the time period provided in regulation 15(1)(a);
(b)
where the licensee is declared bankrupt or makes a
composition with its creditors or otherwise ceases to operate; or
(c)
where the licensee acts in any manner that severely
violates the provisions of these regulations or of any guidelines
made and published by the Commission in accordance with
these regulations, where these refer to the licensees.
(2) Where the Commission intends to revoke a licence in
accordance with this regulation, it shall serve written notice on the
licensee and shall specify therein the grounds on which it intends to
take such action, and a reasonable time period in which the licensee
shall be entitled to make representations to the Commission as to why
such action should not be taken
Provided that the Commission may revoke such licence before
the expiry of such period, where it considers it reasonably justifiable
on an evaluation of the circumstances.
(1)
Where the Commission intends to impose, vary or
remove conditions or restrictions on licensees in accordance with
regulations 12 and 13, it shall serve written notice on the licensee of
its intention, and shall specify therein the following
(a)
the type of condition, restriction, variation or
removal thereof and the duration of the time period of its
applicability
Provided that where no such time period is specified in the
notice, any new condition or restriction shall be deemed to
apply for the whole duration of the licence and any variation of
the condition or restriction shall be deemed to apply for the
duration of the previously-imposed condition or restriction, as
the case may be;
(b)
the grounds on which it intends to take such action;
(c)
a reasonable time period in which the provider
shall be entitled to make representations to the Commission as
to why such action should not be taken; and
(d)
a reasonable time period during which the provider
is required to arrange its affairs to meet the imposed condition
or restriction or variation thereof.
(2) Where the Commission intends to revoke or suspend a
licence in accordance with regulation 14, it shall serve written notice
on the licensee of its intention, and shall specify therein the
following
(a)
the grounds on which it intends to take such action;
(b) a reasonable time period in which the provider shall be
entitled to make representations to the Commission as to why such
action should not be taken; and
(c) a reasonable time period during which the provider is
required to arrange its affairs in order for the revocation or suspension
not to be effected.
A licence shall cease to have effect where the licensee Effect of
renounces the licence or where licensee no longer maintains provider licence.
accreditation in accordance with these regulations.
Upon the imposition of conditions or restrictions on a Notification to
licensee, or the revocation of a licence under these regulations and competent
authorities
when a licence ceases to have effect in accordance with these overseas.
regulations, the Commission shall inform the competent authorities in
any foreign states in which the provider or its subsidiaries are
carrying on any activity related to the licence held or previously
issued under these regulations.
PART III
OBLIGATIONS OF LICENCEES
(1)
Prior to the lapse of five years from the date of Periodic quality
obtaining their licence, or of a change or renewal of their licence, as audits.
the case may be, licensees shall apply to the Commission for a review
of their provider and programme accreditation, through periodic
provider and programme quality audits, in accordance with
regulations 37(1)(c) and 38.
(2) Failure to apply for such review or to maintain provider
accreditation following such audits shall render void the licence
previously issued under these regulations.
(1)
The legal representative of a licensee, as specified
on the licence, shall be responsible to ensure that all the obligations
attached to that licence are observed at all times.
(2) Where the person specified in the licence as being vested
with the legal representation of the licensee is divested of such
capacity for any reason whatsoever, the provider shall notify the
Commission of this in writing without delay and submit the
particulars of the person who has assumed that office. Thereafter the
licence shall specify the name of the person so indicated as legal
representative of that provider.
(3) Where a licensee, or the person specified in the licence as
being vested with the legal representation thereof, shall, after a
provider is licensed under these regulations, become subject to any
change concerning the application of regulations 11(c)(iv) or
11(d)(ii), as the case may be, the licensee shall notify the Commission
forthwith of such changes in writing, without delay.
(4) The legal representative of a licensee shall be based in
Malta
Provided that, in his absence, the licensee’s legal representative
may make adequate arrangements to ensure that another person is
designated to take over his duties temporarily.
(1)
Licensees shall notify the Commission, in writing
and without delay, of any changes to the information provided under
these regulations.
(2) Where a licensee is a body corporate, it shall be the duty of
the licensee to inform the Commission, in writing and without delay,
of any change in the members of the body corporate.
(3) Licensees shall provide the Commission with the
information necessary to monitor compliance with the criteria
referred to in regulation 11(1) in a continuous manner.
(4) Where a licensee intends to take any action that departs
from the original submissions to the Commission, or that may not be
in conformity with the conditions or restrictions of the licence, the
licensee shall, before taking such action, notify the Commission of
this in writing. The Commission shall, within two months of
receiving such notification give its consent or otherwise.
Licensees shall keep affixed the licence issued under these Display of
regulations in a clearly visible place in the premises from which the licence.
licensee operates.
Licensees shall ensure that adequate resources and Educational
materials for the provision of quality further and higher education are resources
materials.
available in accordance with guidelines made and published by the
Commission for such purpose.
(1)
Licensees shall clearly state their licence number Adverts and
and the category under which they are licensed, as defined in the student
information.
Second Schedule, in all media, advertising, published material or
promotional material to intending students, students, parents or the
public.
(2) Where the media, advertising, published material or
promotional material to intending students, students, parents or the
public concerns a specific programme, licensees shall also state the
accredited status of such programme, as provided in the Third
Schedule, and the level of qualification awarded or addressed, within
the Malta Qualifications Framework, or its comparable level, as the
case may be.
(3) Licensees shall ensure that all adverts and student
information provided by them shall be carried out with integrity and
accuracy.
(1)
Licensees shall not make an offer to an intending Student
student for enrolment in a programme if they have not given such enrolment.
intending student information about the programme in accordance
with guidelines made and published by the Commission for such
purpose
Provided that, by means of such guidelines, the Commission
may establish different types of information required to be given to
local and overseas intending students and by different categories of
licensees as defined in the Second Schedule.
(2) Licensees shall ensure that their recruitment of students is
conducted in an ethical and responsible manner and that any offer of a
place in a programme made to a student is based on an assessment, by
a suitably qualified person, of the extent to which the student’s
qualifications and proficiencies are appropriate to the programme.
(3) Other than any reasonably justifiable payment upon
application, licensees shall charge payment of any tuition fees for a
programme, from a student or an intending student, only where the
following conditions have been fulfilled
(a)
such student has been notified in writing of his
acceptance to the programme; and
(b)
an agreement has been drawn up with the student in
accordance with regulation 26
Provided that where a licensee is established by means of
the Act or regulations made thereunder, or by any other law,
restrictions therein relating to the charging of fees are observed.
(4) Licensees must obtain evidence that assessment of an
intending overseas student’s proficiency in the language relevant for
the purpose of undertaking the envisaged programme has been carried
out
Provided that where a student does not have the requisite
language skills, licensees shall offer such student learning
opportunities in the relevant language, while also offering ongoing
linguistic support and advice throughout the duration of the
programme.
(5) Licensees shall not enrol an intending third country student
who is not in possession of a student visa. Once a third-country
student has enrolled in a programme, licensees shall not allow him to
defer commencement of his studies, or to suspend his studies, except
on the grounds of illness, evidenced by a doctor’s certificate, or other
exceptional circumstances beyond the control of the student. Where a
student defers or suspends his studies on any other grounds, the
licensee is bound to report the non-compliance of such student with
the relative visa conditions to the Principal Immigration Officer.
(1)
Licensees shall keep a record of each student’s
academic performance and a record of students’ attendance in
accordance with guidelines made and published by the Commission
for such purpose
Provided that, by means of such guidelines, the Commission
may establish different types of records that shall be required to be
kept by different categories of licensees as provided in the Second
Schedule
Provided further that, by means of such guidelines, the
Commission may also exempt categories of providers provided in the
Second Schedule from keeping a record of students’ attendance.
(2) Student attendance records may be required by the
Principal Immigration Officer as evidence that overseas students
satisfy visa requirements relating to attendance and academic
performance.
(1)
Prior to the beginning of a programme, and prior to Agreement with
the student or other person directly or indirectly on his behalf, making the student.
any payment to the licensee, the licensee shall draw up a written
agreement with the intending student in relation to such student’s
enrolment in that programme, hereinafter referred to "the student
agreement".
(2) The student agreement shall be clearly understandable by
the student and specific in its requirements as to the duties of the
student and the licensee.
(3) Licensees shall ensure that the student agreement referred
to in sub-regulation (1) shall make provision for refund procedures
and default conditions.
(4) Licensees shall not engage in conduct that is false,
misleading, deceptive or otherwise inept in drawing up the provisions
of the student agreement relating to student refunds.
(5) Licensees shall ensure that the provisions of the student
agreement relating to student refunds meet the following minimum
standards
(a)
the student agreement shall guarantee students’
rights, including the right to obtain assessment results upon the
student having completed all the necessary assessment
requirements of the programme or parts thereof;
(b)
the circumstances in which the licensee will
provide a refund shall be clearly stated;
(c)
the terms regarding how a student should apply for
a refund shall be clearly stated;
(d)
the refund provisions to apply shall generally be
compatible with consumer protection law, including a statement
to the effect that the agreement shall not deny the students’ right
to take further action under the Consumer Affairs Act; and
(e)
the licensee’s dispute resolution process shall be
clearly explained, including a statement to the effect that such
dispute resolution process shall not prevent students from
seeking other legal remedies.
(6) In the student agreement, the licensee shall advise
intending overseas students of their duty to furnish the licensee with
any change in their contact details, which include their residential
address and telephone number in Malta as well as a contact address
overseas, following the completion of their studies.
(1)
A licensee shall be deemed to be in default of the
student agreement in relation to a programme in the following
circumstances
(a)
the programme does not start on the agreed starting
day;
(b)
the programme ceases to be provided at any time
after it starts but before it is completed; or
(c)
the programme is not provided in full to the student
due to a condition or restriction imposed on the licensee by the
Commission in accordance with these regulations or due to the
revocation, by the Commission, of the applicable licence or
accreditation in accordance with these regulations
Provided that where the intending student or the student has
withdrawn from the programme before the day on which such
circumstances arise, licensees shall not be deemed to be so in default.
(2) A licensee shall also be deemed to be in default of its
agreement with the student if it fails to issue all examination and
other assessment results to the student upon the student having
completed all the necessary assessment requirements of the
programme or parts thereof.
Intending students and students shall be deemed to be in
default of the student agreement in the following circumstances
(a)
where they withdraw from the programme either
before or after the agreed starting day;
(b)
where, not having previously withdrawn from the
programme, they fail to start the programme on the agreed
starting day;
(c)
where they fail to pay an amount they were directly
or indirectly liable to pay the licensee in order to undertake the
programme; or
(d)
where they breach a condition of their student visa.
The Commission may make and publish guidelines, as it Guidelines on
agreement and
deems necessary, in order to establish the following
default.
(a)
further requirements in relation to the student
agreement in addition to the provisions of regulation 26;
(b)
further instances of licensee default and student
default in addition to the provisions of regulations 27 and 28;
(c)
requirements and procedures relating to refunds
that may be due to the student where instances of licensee
default arise; and
(d)
requirements relating to student support
Provided that, by means of such guidelines, the Commission
may establish different types of requirements with respect to local
and overseas students and to different categories of licensees
provided in the Second Schedule.
(1)
It shall not be lawful for licensees in the categories Obligations of
"further education institution", "further education centre" or "English further
education
as a foreign language teaching centre" as defined in the Second licensees.
Schedule to use the following words in any media, advertising,
published material, promotional material or in any information
otherwise supplied to intending students, students, parents or the
public
(a)
the word "higher" or "university" in any part of
their name; and
(b)
the word "university", "degree", "masters" or
"higher" in any title of, or with reference to, any programme
provided or award conferred by them
Provided that it shall be lawful for an "English as a foreign
language teaching centre" to use the word "higher" with reference to
a higher education programme that serves to obtain a teaching
qualification in English as a foreign language and which the
Commission has accredited it to provide in accordance with the
Second Schedule.
(2) Without prejudice to the provisions of sub-regulation (1),
licensees in the category "further education centre", as defined in the
Second Schedule, shall not use the word "institution" or "institute" in
any media, advertising, published material, promotional material or in
any information otherwise supplied to intending students, students,
parents or the public, in relation to any part of their name or in any
title of, or with reference to, any programme provided or award
conferred by them.
Licensees in the category "higher education institution" as
defined in the Second Schedule shall not use the word "university" in
any media, advertising, published material, promotional material or in
any information otherwise supplied to intending students, students,
parents or the public in relation to any part of their name or in any
title of, or with reference to, any programme provided or award
conferred by them
Provided that such licensees shall not be prohibited from using
the word "university" in any title of, or with reference to, any
programme, or part thereof, accredited in accordance with these
regulations and provided by them in agreement with a licensed
university or an overseas university, whether by means of a joint
programme or otherwise. This proviso shall apply only where such
programme has fulfilled the requirements related to the recognition of
foreign qualifications under the Act, these regulations or any other
law, and where the programme serves to obtain a national
qualification classified at Malta Qualifications Framework level 5 or
higher and is awarded by a licensed university as defined in the
Second Schedule or a foreign qualification at a comparable level
which is awarded by an overseas university.
(1)
Licensees shall inform the Commission in writing
prior to opening a new branch, subsidiary, or office in Malta and shall
not open a branch or office without the prior approval of the
Commission.
(2) Licensees shall inform the Commission in writing prior to
entering into agency arrangements with third parties and shall not
enter into any such agreement without the prior approval of the
Commission.
(3) A person who is appointed as the agent of a licensee shall
only act as agent in respect of those activities for which the same
licensee is licensed under these regulations.
(4) Licensees shall not accept or continue to accept overseas
students recruited by an agent, or authorise an agent to act on their
behalf, if they know, or reasonably suspect that their agent is
(a)
engaging in dishonest practices, including
suggesting to overseas students that they enter Malta on a
student visa with a primary purpose other than full-time study;
(b)
facilitating the enrolment of third-country students
who do not comply with the conditions of their student visas; or
(c)
engaging in false or misleading advertising and
recruitment practices.
(5) The Commission shall make and publish guidelines to
establish such information to be supplied by the licensee in seeking
approval under this regulation
Provided that, by means of such guidelines, the Commission
may establish different requirements for different categories of
licensees provided in the Second Schedule.
(6) The Commission may grant or refuse the approval applied
for under this regulation within the time prescribed in regulation
8(10).
(7) In granting the approval referred to in sub-regulation (6),
the Commission may subject the licensee and the branch, subsidiary,
office or agent to such conditions or restrictions as it may deem
appropriate in accordance with the provisions of regulations 12 and
13, and after granting its approval, it may from time to time vary any
condition or restriction so imposed or impose new conditions or
restrictions in accordance with the provisions of regulations 12 and
13. (8) The Commission may also subject the branch, subsidiary,
office or agent approved in accordance with this regulation to any of
the obligations imposed on the licensee under these regulations.
(9) The Commission may refuse to grant, or revoke, the
approval granted as referred to under sub-regulation (6) where the
circumstances provided for in regulations 11 and 16, respectively,
apply mutatis mutandis.
(10) Without prejudice to the generality of sub-regulation (9),
the Commission may also refuse to grant the approval applied for
under this regulation in the following circumstances
(a)
where it satisfied that the activities to be performed
by the agent could be performed by the provider through its
head office, or a branch or subsidiary; or
(b)
where it is not satisfied that the person who shall be
appointed as agent is competent to provide the activities which
shall form part of the agency agreement.
(11) Where the Commission refuses to grant the approval
applied for under this regulation, it shall notify the licensee in writing
of the reasons for the refusal.
PART IV
ACCREDITATION AND QUALITY ASSURANCE
For the purposes of its function as the competent authority
for accreditation and quality assurance of providers and programmes
in accordance with these regulations, the Commission shall have such
aims and objectives, powers, functions and procedures as provided in
this Part.
The Commission shall have the following aims and
objectives
(a)
to safeguard the quality of further and higher
education within the economic, social and cultural context of
Malta, taking into account the wider international dimension of
further and higher education;
(b)
to encourage and help providers in Malta to use
appropriate quality assurance measures as a means of improving
the quality of teaching and learning in further and higher
education;
(c)
to stimulate the general raising of standards in the
provision of further and higher education; and
(d)
to stimulate a mutual exchange of information
across borders on quality assurance and accreditation in further
and higher education and to encourage cooperation between
providers.
(2) The Commission shall have the following powers and
functions
(a)
to make and publish a mission statement regarding
its accreditation and quality assurance functions, which
statement shall contain the following
(i) explicit goals and objectives
of
its
accreditation and quality assurance processes;
(ii) the division of labour with
relevant
stakeholders in further or higher education;
(iii) an assertion that quality assurance and
accreditation are its major activities; and
(iv) an assertion that there exists a systematic
approach to achieving its goals and objectives;
(b)
to adopt documentation to demonstrate how its
mission statement is translated into a clear policy and
management plan;
(c)
to undertake accreditation and quality assurance
activities on a regular basis, by granting, refusing, confirming or
revoking programme or provider accreditation based on
programme or provider quality audits, as the case may be, as
provided in regulation 37(1);
(d)
to assign additional conditions to provider or
programme accreditation, including any of the following
(i) granting provisional programme or provider
accreditation status, subject to stipulated conditions;
(ii) granting accreditation for a period less than
five years; or
(iii) assigning any other conditions as it may deem
fit in fulfilling its functions under these regulations;
(e)
to make and publish guidelines on the procedures
for applying for and conducting quality audits and accreditation
processes, including time schedules, deadlines and other
conditions;
(f)
to be rigorous, fair and consistent in decision-
(g)
to be transparent in its operations and publish and
make officially available policies, procedures, processes,
guidelines and criteria;
(h)
to charge fees to providers seeking any type of
accreditation under these regulations, including costs related to
any quality audit carried out under its responsibility;
(i)
to make and publish guidelines and criteria for the
internal quality assurance system required by providers in
accordance with regulation 36, applying the relevant European
and international standards, guidelines and criteria and respect
for international treaties and agreements relevant to further and
higher education provision as ratified or endorsed by Malta;
(j)
to make, publish and consistently apply guidelines
containing the criteria and procedures to be used in
accreditation and external quality assurance activities
undertaken by it;
(k)
to investigate, in accordance with these
regulations, allegations of practices and activities, which it
considers prima facie to be detrimental to students in further or
higher education and to take measures to suppress and prevent
unfair or harmful practices which it considers detrimental to
such students;
(l)
in accordance with its functions and duties under
articles 65 and 66 of the Act, to maintain a register of national
qualifications and of officially recognised foreign qualifications
provided in Malta which are obtained upon the successful
completion of a programme accredited in accordance with these
regulations;
(m)
to act as a knowledge and information centre on
quality assurance and accreditation in further and higher
education and to inform students and society at large on the
quality and accredited status of providers and their programmes;
(n)
to secure adequate and proportional resources, both
human and financial, to enable it to organise and run its quality
audits and accreditation processes in an effective and efficient
manner and to develop its processes and procedures;
(o)
to adhere to European and international standards
as approved by the Minister, and seek membership in reputable
international networks of quality assurance and of accreditation;
(p)
to cooperate with quality assurance and
accreditation authorities in other countries with respect to
providers and programmes operating across borders or
operating jointly with local providers;
(q)
to collaborate with other national, international and
professional accreditation organisations and develop
partnerships with other official quality assurance or
accreditation agencies regarding matters directly related to
quality assurance and accreditation, in order to facilitate
efficient cross-border quality assurance processes and the
international transfer of knowledge about such processes; and
(r)
to act independently, and for such purpose, to
adhere to the following
(i) it shall have autonomous responsibility for its
operations;
(ii) it shall ensure that the conclusions and
recommendations made in its reports and the outcomes of
quality audits and accreditation decisions shall not be
influenced by any third parties;
(iii) it shall ensure that the definition and
operation of its procedures and methods, and the
nomination of its external experts shall not be influenced
by any third parties; and
(iv) it shall ensure that while relevant
stakeholders, particularly students and academic staff, are
consulted in the course of quality assurance processes, the
final outcome of any quality audit or accreditation decision
remains its responsibility.
The Commission shall have in place procedures for its own Accountability
of the
accountability, which shall include the following
Commission.
(a)
documentation which demonstrates that its
processes and results reflect its mission and goals of quality
assurance and accreditation;
(b)
a published policy for the assurance of its own
(c)
its own internal quality assurance system which
includes an internal feedback mechanism, an internal reflection
mechanism and an external feedback mechanism in order to
inform and underpin its own development and improvement;
(d)
a cyclical external review of its activities at least
once every five years;
(e)
a no-conflict-of-interest mechanism in the work of
its external experts; and
(f)
a reliable mechanism to ensure the quality of any
activities and material produced by subcontractors, where some
or all of the elements in its procedures are subcontracted to third
parties.
(1)
Providers shall have the primary responsibility for
the quality of their provision and its quality assurance.
(2) Providers seeking any type of accreditation under these
regulations shall have in place an internal quality assurance system
which shall be designed specifically to ensure the fitness and
properness for purpose of the providers and their programmes, to
achieve the aims and objectives set for them. Such quality assurance
system shall ensure full conformity with these regulations, including
assurance of compliance with the obligations of licence holders as
well as any conditions or restrictions imposed by the Commission on
the licensee under these regulations, as the case may be
Provided that providers of further education operating under the
licence of a school shall also comply with all the provisions in the
Teachers (Code of Behaviour) Regulations and the National
Minimum Conditions for all Schools Regulations.
(1)
External quality assurance shall take one of the
following forms
(a)
a provider quality audit conducted for the purpose
of first-time provider accreditation of providers;
(b)
a programme quality audit conducted for the
purpose of first-time accreditation of programmes; and
(c)
periodic provider and programme quality audits
conducted for the purpose of confirming or revoking the
accreditation previously granted under these regulations.
(2) All forms of external quality assurance referred to in sub-
regulation (1) shall be carried out under the responsibility of the
Commission and shall be conducted applying the relevant European
and international standards, guidelines and criteria for external
quality assurance and respect for international treaties and
agreements relevant to further and higher education provision as
ratified or endorsed by Malta.
(3) The reports from such quality audits shall form the basis
for the Commission’s decision to grant, refuse, confirm or revoke
accreditation.
(1)
Providers shall undergo periodic provider and Periodic quality
programme quality audits, as provided in regulation 37(1)(c), every audits.
five years
Provided that the Commission may, where it demonstrates a
justified reason therefor, with respect to a particular provider or
programme, prescribe shorter periods for such periodic quality audits
Provided further that where, in the course of a provider of
programme quality audit, a provider is found to have deficiencies that
warrant immediate action, the Commission may grant provisional
accreditation in accordance with regulation 34(2)(d), contingent upon
conditions and recommendations on issues to be addressed and action
to be taken by the provider.
(2) The Commission shall confirm or revoke provider or
programme accreditation status, as the case may be, on the basis of
periodic provider or programme quality audits.
(3) Following a periodic quality audit, the Commission may
make recommendations and assign conditions to the provider in
accordance with the provisions of these regulations.
(4) Periodic quality audits shall take into consideration any
progress made by the provider in terms of the recommendations made
during previous accreditation and quality audit processes.
(1)
The Commission shall conduct quality audits and Procedures and
take accreditation decisions in accordance with the procedures and standards
quality audits
standards referred to in this regulation.
and
accreditation
decisions.
(2) In making arrangements for quality
audits,
the
Commission shall adhere to the following procedures
(a)
it shall require the provider to undertake a self-
assessment, internal evaluation or comparable procedure at the
provider or programme level, as the case may be;
(b)
it shall appoint external experts to carry out quality
audits, including, as appropriate, one or more students, ensuring
that such experts are chosen on the basis of their expertise and
on the requirement that there arises no conflict of interest in
undertaking the quality audit with respect to the provider
undergoing such quality audit;
(c)
it shall include, as part of the quality audit, a site
visit by the external experts, which shall involve the governing
bodies, staff and students of the provider, as appropriate;
(d)
it shall publish the report of the quality audit,
including any decisions, recommendations, conditions or other
formal outcomes; and
(e)
it shall establish with the provider a follow-up
procedure to review actions to be taken by the provider for the
implementation of recommendations and conditions made upon
the provider in accordance with the previous paragraph.
(3) In making arrangements for quality
audits,
the
Commission shall adhere to the following standards
(a)
quality audits shall be designed specifically to
ensure the fitness and properness for purpose of providers or
programmes and to assess whether they achieve the aims and
objectives set for them;
(b)
quality audits shall examine the effectiveness of the
internal quality assurance processes used by the provider,
including an examination of the system’s structure, the
documentation it produces and the evaluations of quality
conducted by the provider;
(c)
quality audits shall examine the compliance by
providers with obligations of licence holders under these
regulations, where applicable, as well as any conditions or
restrictions imposed by the Commission on the licensee under
these regulations;
(d)
terms of reference, aims and objectives of any
quality audit shall be determined before the undertaking of any
quality audit and shall be published with a description of the
procedures to be used;
(e)
providers shall be allowed to comment on the
composition of the panel of external experts which shall
undertake the quality audit and the Commission shall consider
such comments before a final decision on the expert panel is
made;
(f)
quality audits shall apply the relevant European
and international standards, guidelines and criteria for external
quality assurance applicable to the subject of the evaluation and
shall be based on written material and discussion with
proponents of the provider; and
(g)
provider quality audits shall include appropriate
investigatory mechanisms to ensure financial probity, and where
the provider is a body corporate, to ensure that the members of
the body corporate, the legal representative and the persons
occupying a headship position are fit and proper persons to
establish a provider of further or higher education and deliver
further or higher education programmes
Provided that the Commission may seek additional expert
advice to assess the financial capacity of the provider.
(1)
The Commission shall ensure that reports of Reports of
quality audits.
quality audits shall be in accordance with the following standards
(a)
all reports shall be published and written in a style
which is clear to the intended reader in terms of any decisions,
commendations or recommendations made;
(b)
in their report, the experts shall indicate areas
where the provider should further develop its system and shall
advise as to whether the system as a whole is satisfactory;
(c)
reports containing recommendations for action or
which require a subsequent action plan, should determine a
follow-up procedure which is to be implemented consistently;
and
(d)
the Commission shall send the report to the
provider, which shall be allowed a time limit of six weeks to
submit its views.
(2) Where, from the report of the quality audit, and after the
provider has submitted its views in accordance with the previous sub-
regulation, the Commission finds fundamental defects concerning the
provider or the programme, the provider shall be allowed a
reasonable time period, as determined by the Commission, to
undertake measures to rectify such defects.
The Commission shall monitor, review and analyse the System-wide
outcomes of periodic quality audits of providers and programmes and analyses
summary report.
shall produce from time to time system-wide summary reports
describing and analysing the general findings of its quality audit and
accreditation procedures.
(1)
Provider accreditation shall be granted by the Provider
Commission in accordance with this regulation, upon an application accreditation.
by the provider, in one or more categories corresponding to the
licence categories provided in the Second Schedule.
(2) Provider accreditation shall be based on a provider quality
audit.
(3) Without prejudice to the generality of the previous sub-
regulation, provider accreditation may also be based on a provider
quality audit undertaken by a recognised foreign quality assurance or
accreditation agency, in which case the Commission shall review the
process and outcome of such provider quality audit, and shall decide,
on the basis of these and the standards referred to in regulation 39,
whether to grant the type of provider accreditation sought by the
provider under these regulations or to submit the provider to an
additional provider quality audit undertaken by the Commission in
accordance with these regulations.
(4) The Commission shall grant provider accreditation status
according to one or more categories corresponding to the licence
categories provided in the Second Schedule, which status shall clearly
state the authority of the provider to provide programmes at given or
comparable levels of the Malta Qualifications Framework. Provider
accreditation granted under this regulation shall be valid for a period
of five years
Provided that the Commission may, where it demonstrates a
justified reason therefor, grant conditional provider accreditation and
may also apply shorter periods for the validity of provider
accreditation, where appropriate, as provided in these regulations.
(5) Provider accreditation obtained in accordance with this
regulation shall be valid for the purpose of obtaining a licence under
these regulations.
(1)
Programme accreditation shall be granted by the
Commission in accordance with this regulation, upon an application
by the provider, in one of the categories provided in the Third
Schedule.
(2) Providers may apply for accreditation of one programme
or of more than one programme to be accredited simultaneously
Provided that where providers apply for the accreditation of
more than one programme simultaneously, the provisions of
regulation 8(4) shall apply.
(3) Where a provider applies for accreditation of a programme
that serves to obtain a national qualification, programme
accreditation
(a)
shall be based on a programme quality audit;
(b)
may, without prejudice to the generality of the
previous paragraph, be based on a programme quality audit
undertaken by a recognised foreign quality assurance or
accreditation agency, in which case the Commission shall
review the process and outcome of such programme quality
audit, and shall decide, on the basis of these and the standards
referred to in regulation 39, whether to grant the type of
programme accreditation sought by the provider under these
regulations or to submit the provider to an additional
programme quality audit undertaken by the Commission in
accordance with these regulations.
(4) Where a provider applies for accreditation of a programme
that serves to obtain a foreign qualification, and where such provider
has already obtained accreditation by a recognised foreign
accreditation agency, such provider may request the Commission to
approve such foreign accreditation. The following shall apply to this
request
(a)
where the Commission deems such foreign
accreditation satisfactory, it shall assess the credentials and
reputation of the recognised foreign accreditation agency and
the process to which the programme accredited by it has been
subjected;
(b)
where the Commission deems such foreign
accreditation to be unsatisfactory, it shall request such provider
to undergo the process of programme accreditation in Malta in
accordance with sub-regulation (3);
(c)
the approval of foreign programme accreditation
shall lapse when the period of the foreign accredited status of
the programme lapses
Provided that where the period for which the foreign accredited
status of the programme is less than five years from the date of the
decision on programme accreditation, the Commission may, where it
deems fit, apply the same period of validity to any provider
accreditation granted concomitantly with the approval of such foreign
programme accreditation.
(5) Where a qualification is awarded by more than one
provider, only one provider shall submit an application for
programme accreditation in accordance with this regulation and such
provider shall coordinate the process with all other providers
involved. Such provider shall be formally responsible for the joint
programme and for the compliance of all providers who form part of
the joint programme arrangement to the licence and accreditation
conditions or restrictions imposed in accordance with these
regulations as the case may be.
(6) The Commission shall grant programme accreditation
status according to one of the categories provided in the Third
Schedule, which status shall clearly state the authority of the provider
providing such programme at a given or comparable level of the
Malta Qualifications Framework. Programme accreditation granted
under this regulation shall be valid for a period of five years
Provided that the Commission may grant conditional
programme accreditation and may also apply shorter periods for the
validity of programme accreditation, where it demonstrates a justified
reason therefor, as provided in these regulations.
(7) Where the accredited programme leads to a qualification
on the successful completion thereof, the Commission shall
(a)
where the qualification is a national qualification,
classify the qualification at a level of the Malta Qualifications
Framework and shall include such qualification in the register
of national qualifications maintained by it in accordance with
article 66 of the Act;
(b)
where the qualification is a foreign qualification,
classify the qualification at a comparable level of the Malta
Qualifications Framework and shall include such qualification
in the register of officially recognised foreign qualifications
provided in Malta maintained by it in accordance with its
functions and duties under articles 65 and 66 of the Act.
(8) Upon accrediting a programme, or granting endorsement
of foreign accreditation to a programme, the Commission shall
include such programme in the register of programmes accredited by
it in accordance with article 66 of the Act.
(9) Programme accreditation obtained in accordance with this
regulation shall be valid for the purpose of obtaining a licence under
these regulations.
(1)
Providers shall re-apply for provider or programme
accreditation when the period of validity of such accreditation status
lapses in accordance with these regulations.
(2) Where provider or programme accreditation of a provider
is revoked, the provider may re-apply for accreditation at any time.
(3) Where a provider seeks to change or extend its provider or
programme accreditation status, the provider shall apply for
accreditation for the purpose of such required change or extension.
The Commission shall make and publish guidelines to Information to
establish such information to be supplied by providers for the purpose be
application for
of an application for provider or programme accreditation under these accreditation.
regulations
Provided that, by means of such guidelines, the Commission
may establish different information requirements for the different
categories of providers or programmes provided in the Second and
Third Schedules.
(1)
"Self-accrediting provider" status, as defined in the Self-accrediting
First Schedule, or extension of the scope of this type of accreditation, status.
shall only be given by means of the Act or any regulation made
thereunder, or by any other law.
(2) An application for self-accrediting status as defined in the
First Schedule, or for extension of the scope of this type of
accreditation shall be subject to the following
(a)
only universities, higher education institutions and
further education institutions accredited and licensed under
these regulations shall be eligible to apply for self-accrediting
status or extension of self-accrediting scope;
(b)
universities or institutions applying for self-
accrediting provider status or extension of the scope of this type
of accreditation shall demonstrate a track record of accreditation
and quality audits in at least two consecutive quality audits with
respect to those types of programmes for which self-accrediting
provider status is to apply
Provided that, in exceptional circumstances, the
Commission may recommend that a university or institution
which has no track record of prior provision of further or higher
education services in Malta, be granted self-accrediting provider
status. In such case, the evaluation referred to in sub-regulation
(3) shall be based on a detailed plan and the application shall be
assessed on whether the plan and the human and financial
resources allocated by the provider demonstrate a high
probability that, on establishment, the university or institution
shall operate at least at a comparable standard to existing
universities or institutions with self-accrediting provider status.
(3) An application for self-accrediting status or extension of
self-accrediting scope shall be subject to an evaluation by a panel of
external experts and such evaluation shall comply with the following
(a)
it may be limited to the broad fields of study and
levels of the Malta Qualifications Framework for which the
provider has a proven track record;
(b)
it shall include consideration of any offshore
activities of the university or institution applying for self-
accrediting provider status or extension of the scope of this type
of accreditation, which are required to meet relevant regulatory
and reporting requirements in Malta;
(c)
where the evaluation by the panel of external
experts makes a proposal to the Commission for the granting of
self-accrediting provider status or the extension of the scope of
this type of accreditation, the report of the evaluation shall
clearly state the reasons for this and shall recommend the broad
fields of study and the Malta Qualifications Framework levels
for which the provider has the capacity to be self-accrediting;
and
(d)
where the evaluation by the panel of external
experts makes a proposal to the Commission against the
granting of self-accrediting provider status or the extension of
the scope of this type of accreditation, the report of the
evaluation shall clearly state the reasons for this.
(1)
Only accredited higher education institutions
which comply with the following shall be eligible to apply for
university status in order to be eligible to obtain a licence of a
university as defined in the Second Schedule
(a)
higher education, teaching, research and
dissemination of knowledge are the primary activities of the
higher education institution;
(b)
the higher education institution has academic staff,
an academic library, stable research training and stable research
and development activities of a high standard;
(c)
the higher education institution has representative
bodies of staff and students;
(d)
the higher education institution has an organisation
and infrastructure for providing higher education and
undertaking research;
(e)
the higher education institution provides
programmes which lead to national qualifications classified at
Malta Qualifications Framework levels 5 to 7, or foreign
qualifications at a comparable level, in at least six fields, and
also has independent competence in setting up the components
of such programmes and an independent right to award degrees
with respect to such programmes;
(f)
the higher education institution provides
programmes which lead to national qualifications classified at
Malta Qualifications Framework level 8, or a foreign
qualification at a comparable level, in at least four fields, and
also has independent competence in setting up the components
of such programmes and an independent right to award degrees
with respect to such programmes; and
(g)
the higher education institution is affiliated with
international networks in connection with higher education and
research and participates in national and international
cooperation in teaching and research.
(2) An application for university status shall be subject to an
evaluation by a panel of external experts and such evaluation shall
comply with the following
(a)
it shall include consideration of any offshore
activities of the applicant higher education institution which are
required to meet relevant regulatory and reporting requirements
in Malta; and
(b)
where the evaluation by the expert panel makes a
proposal to the Commission for or against the granting of
university status, the report of the evaluation shall clearly state
the reasons for this.
(1)
Where the Commission considers that self- Recommenda-
accrediting status is to be granted to a provider or that the scope of tions
Commission for
this type of accreditation is to be extended in accordance with self-accrediting
status.
regulation 46, it shall make a recommendation to the Minister to such
effect, including therein any conditions that it may deem fit in
accordance with the provisions of these regulations.
(2) Following a periodic provider quality audit of an
institution with self-accrediting status, the Commission may make
such recommendations to the Minister as it may deem necessary in
relation to such institution.
(3) The Commission shall notify the Minister in writing of its
recommendations under this regulation, and the Minister shall,
further to such notification, take any necessary action as appropriate.
PART V
MISCELLANEOUS
A provider may appeal from any decision or action taken
by the Commission under these regulations to the Court of Appeal in
its inferior jurisdiction in the manner provided in article 20(11) of the
Act, and within the relevant time period prescribed therein
Provided that such appeal shall not concern the merits of a
decision taken by the Commission under these regulations in relation
to the granting or refusal of a licence or accreditation or the
revocation or suspension thereof or the imposition of restrictions or
conditions on licensees.
(1)
All licensees shall provide the Commission with
such information relating to their branches, subsidiaries, agencies or
offices in or outside Malta as the Commission may require by means
of a notice in writing in the discharge of its duties under these
regulations or any other law
Provided that such information may include statements and
declarations by the licensee and any other official or unofficial
documentation.
(2) All information required under sub-regulation (1) shall be
submitted in such form and at such periods of time as the
Commission may from time to time prescribe by means of guidelines
issued by the Commission for such purpose under these regulations.
(3) All information provided by any licensee under sub-
regulation (1) shall be regarded as secret and confidential between the
licensee and the Commission
Provided that the Commission shall provide such information to
the Minister as may be required by him upon a request in writing and
the Commission shall inform the Minister if it deems that there is any
matter of concern regarding the state of affairs of a licensee
Provided further that the Commission may take copies of any
documents provided to it by any licensee under this regulation.
(4) The Commission may, by means of a notice in writing,
require a licensee, persons occupying a headship position, members
of the body corporate, as the case may be, or any of the licensee’s
officers to attend before it or before an officer appointed by it at such
time and place as it may specify in the notice, to answer questions and
provide information as it may reasonably require for the performance
of its functions under these regulations
Provided that where the Commission appoints an officer as
provided under this sub-regulation, such officer shall, for the
purposes of carrying out his functions under such appointment, have
all the powers conferred on the Commission by this regulation and
any requirement made by him shall be deemed to have the same force
and effect as a requirement made by the Commission
Provided further that the Commission may require an officer it
has appointed under this sub-regulation to submit a report in such
form as it may specify.
(5) Where the person required to provide information under
this regulation does not have access to such information, such person
shall disclose to the Commission where, to the best of his knowledge,
that information or documentation can be found and the Commission
may require any person who appears to be in possession of that
information or documentation to provide it.
(6) Any information provided under this regulation may be
used as evidence against the person providing such information as
well as against any person or licensee to whom such information
relates.
(7) The Commission may, where it deems fit, and by notice in
writing to the licensee, appoint an officer or officers to investigate
and report on the affairs of a licensee. Such officer shall have all the
powers conferred on the Commission by this regulation and any
requirement made by him shall be deemed to be, and shall have the
same force and effect as a requirement made by the Commission
Provided that the Commission may require any officer
appointed under this subregulation to submit interim and final reports
on the conclusions of the investigation in such form as it may specify
Provided further that where an investigation under this
regulation finds the investigated licensee to be in default of its
obligations under these regulations the Commission shall have the
power to charge such licensee with any of the expenses related to
such investigation.
(8) The Commission may also exercise its powers under this
regulation as follows
(a)
in relation to a branch or subsidiary of the licensee;
(b)
in relation to any person who has, at any relevant
time, been in charge of the provider or any branch or subsidiary
of the licensee; and
(c)
where it has reasonable grounds for suspecting a
person to be violating any provision of these regulations or any
guidelines made by the Commission accordance with these
regulations
Provided that, without prejudice to the applicability of
regulation 56, upon any violation of regulation 5(1), the provider
responsible for such violation shall be allowed one year from the date
on which such violation is notified to it in writing by the Commission
to obtain a licence under these regulations. Upon the lapse of such
period, the Commission shall have the power to order such individual
or body corporate to suspend all activities related to the unlicensed
provision of further or higher education for such period as the
Commission sees fit in order for such provider to obtain a licence
Provided further that any such action taken by the Commission
under this sub-regulation shall have due regard for the interests of the
students undertaking a programme with the respective provider,
ensuring that solutions are found to ensure that they are given the
opportunity to complete any programme they had commenced.
(1)
Where a licensee has its head office in Malta and
also provides further or higher education abroad, or where a licensee
operates in partnership with a foreign provider, or operates as a
branch, subsidiary or agent of a foreign provider, the Commission
may, on the basis of international or reciprocity agreements, do the
following
(a)
share its supervisory, accreditation and quality
assurance duties with other foreign competent authorities;
(b)
disclose information to foreign competent
authorities, to the extent that the foreign authorities receiving
the information restrict its use for supervisory, regulatory,
accreditation and quality assurance purposes or for such other
purposes as may be specifically agreed upon with the
Commission; and
(c)
authorise foreign competent authorities to carry out
themselves, or through the intermediation of competent persons
appointed by them, investigations for supervisory and
regulatory purposes in branches, subsidiaries or offices of the
licensee.
(2) In the pursuance of its duties the Commission shall at all
times afford such cooperation to the Minister as may be required in
the discharge of the Minister’s duties.
(1)
Nothing in these regulations shall authorise the Confidentiality.
Commission to inquire, or request the provider to inquire, into the
affairs of any individual student, except for the purpose of ensuring
compliance with any of the provisions of these regulations, as subject
to the provisions of the Data Protection Act.
(2) Past and present officers of the Commission shall not
disclose information obtained from licensees or providers in carrying
out their duties under these regulations. Such persons are bound by
the obligation of professional secrecy, except for the purpose of the
exercise of their functions, or when lawfully required to do so by any
court or under a provision of any law.
The Commission shall have the power to make and publish Further powers
guidelines for the protection of the use of the terms "university", of
Commission.
"higher education", "further education", "higher education
institution", "further education institution", "further education
centre", and "English as a foreign language teaching centre" in
accordance with these regulations.
(1)
Persons or bodies corporate providing further or Transitory
higher education without a licence and providers operating under an provision.
existing licence on the date of entry into force of these regulations
may continue to operate up to three years from the date of entry into
force of these regulations, and shall, until such time, make an
application to obtain a licence under these regulations. Failure to
obtain such a licence by the end of the prescribed period shall
constitute a violation of these regulations by the provider and
continued operation by the provider in Malta shall become subject to
action by the Commission in accordance with these regulations.
(2) Pending applications for a licence for the purpose of
provision of further or higher education in Malta shall cease to be
valid from the date of entry into force of these regulations. In such
case, the applicant provider shall make a new application in
accordance with the provisions of these regulations.