National Agency for Examinations

L.N. 324 of 2012

PUBLIC ADMINISTRATION ACT

(CAP. 497)

National Agency for Examinations

(Establishment) Order, 2012

IN exercise of the powers conferred by article 36(1) of the

Public Administration Act, the Prime Minister has made the

following Order:-

The title of this Order is the National Agency for

Examinations (Establishment) Order, 2012.

In this Order, unless the context otherwise requires -

"Agency" means the National Agency for Examinations;

"Act" means the Public Administration Act;

"Chief Executive Officer" means the Registrar of Examinations

in terms of article 125 of the Education Act;

"Minister" means the Minister responsible for education;

"provider" shall have the meaning assigned to it in article 63 of

the Education Act;

"Permanent Secretary"

means

the

Permanent

Secretary

responsible for education.

(1)

There shall be an Agency, to be known as the

National Agency for Examinations, which shall carry out functions

related to the provision of examinations in Malta.

(2) The Agency shall assume the functions previously vested

in the Department of Examinations and shall have the functions

vested in the Registrar of Examinations as provided in article 125 of

the Education Act. It shall have such Registrar of Examinations as its

Chief Executive Officer.

(3) In the execution of its functions, the Agency shall have the

following responsibilities

(a)

in accordance with article 125 of the Education

Act, the provision and administration of examinations that are

within its responsibility and that are delegated to it in by means

of agreements reached with local or foreign providers or foreign

examination bodies;

(b)

where applicable, the issuing of results and awards

to examination candidates;

(c)

the adoption of agreements with local and overseas

providers and with foreign examination bodies, which

agreements are to establish and regulate the examination

services required by them from the Agency;

(d)

the establishment and maintenance of contacts and

working relations with local and foreign strategic partners and

stakeholders, including providers, and examination and

assessment bodies, for the furtherance of the Agency’s aims;

(e)

the establishment of such committees as may be

required in the execution of its functions;

(f)

the establishment and implementation of quality

control and quality assurance policies in relation to its functions

and responsibilities;

(g)

the establishment, ongoing development and

monitoring of policies in relation to its functions and

responsibilities;

(h)

the undertaking of research as may be required for

the furtherance of the Agency’s aims; and

(i)

the general regulation of its own procedures,

provided it does not violate the provisions of the Education Act, Cap. 327.

of the Act and of this Order.

Public officers deployed with the Agency shall be Deployment of

deemed to be detailed with the Agency in accordance with article 43 public

and

responsibilities.

(2) The Agency shall, as from the coming into force of this

Order, assume responsibility for all assets, liabilities and obligations

previously entered into by the Department of Examinations or by

other bodies who act on its behalf.

The Minister responsible for the Agency shall be Minister

responsible for

the Minister responsible for Education.

Agency.

(2) The Permanent Secretary in the Ministry responsible for

education shall supervise the Agency in terms of article 39 of the Act

Provided that the Permanent Secretary in the Ministry

responsible for education may be assisted in such supervision by

another Permanent Secretary in accordance with the proviso to article

13(5)of the Act

Provided further that if a Minister, other than the Prime

Minister, assumes responsibility for the Agency, its supervision shall

fall under the Permanent Secretary of that Ministry.

(1)

Uffiċjali

pubbliċi

assenjati

mal-Aġenzija

għandhom jitqiesu li huma assenjati mal-Aġenzija skont l-artikolu 43

tal-Att.

(2) L-Aġenzija għandha, mid-data tal-bidu fis-seħħ ta’ dan l-

Ordni, tassumi responsabbilità tal-attiv, l-passiv, u l-obbligi kollha li

qabel kienu jaqgħu taħt ir-responsabbilità tad-Dipartiment tal-

Eżamijiet jew ta’ korpi oħra li jaġixxu f’ismu.

(1)

Il-Ministru responsabbli għall-Aġenzija għandu

jkun il-Ministru responsabbli għall-Edukazzjoni.

(2) Is-Segretarju Permanenti fil-Ministeru responsabbli għall-

edukazzjoni għandu jissorvelja l-Aġenzija skont it-termini tal-

artikolu 39 tal-Att

Iżda is-Segretarju Permanenti fil-Ministeru responsabbli

għall-edukazzjoni jista’ jiġi assistit f’dik is-superviżjoni minn

Segretarju Permanenti ieħor skont id-dispożizzjonijiet tal-artikolu

13(5) tal-Att

Iżda wkoll jekk il-Ministru, minbarra l-Prim Ministru,

jassumi r-responsabbilità tal-Aġenzija, is-superviżjoni tagħha taqa’

taħt is-Segretarju Permanenti ta’ dak il-Ministeru.

The Agency shall be governed by the provisions of the

Financial Administration and Audit Act unless otherwise stated in the

Agency Agreement between the Permanent Secretary and the

Agency, in which case the provisions of the Agency Agreement shall

prevail.

The operations of the Agency shall follow an Agency

Agreement which is to be agreed between the Permanent Secretary

and the Agency.

(1)

The Minister responsible for the Agency may

establish an advisory board to assist the Chief Executive Officer in

the discharge of his duties.

(2) An advisory board established under this article shall

consist of not less than two and not more than four members

appointed by the Minister responsible for the Agency.

(3) The remuneration paid to members of the Agency’s

Advisory Board shall be in accordance with any directives and

guidelines which may be issued by the Agency from time to time.

The Public Administration Act shall be amended as

follows

(a)

In Part I of the Second Schedule thereof, the words

" Examinations Director

Registrar of

To administer

Department

(Examinations) Examinations

local and

overseas

examinations "

shall be deleted; and

(b)

in the Fourth Schedule thereof, immediately after

the Agency "Public Administration - Human Resource

Development Unit" there shall be added the following

"National Agency

To administer local and overseas

for Examinations.

examinations and to replace the

existing

Department

of

Examinations".

€0.27