Tourist Guides (Amendment) Regulations, 2013 (ln_2013_161) | MT

Malta Government Gazette — Legal Notice 2013 161 · Gazzetta tal-Gvern ta’ Malta Nru. 19,101 – 21.06.2013 — Tourist Guides (Amendment) Regulations, 2013

Preamble — Tourist Guides (Amendment) Regulations, 2013 Open official source

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Tourist Guides (Amendment) Regulations, 2013

IN exercise of the powers conferred by articles 7(3) and 47 of the Malta

Travel and Tourism Services Act, the Minister for Tourism, acting on the

recommendation of the Malta Tourism Authority, has made the following

Malta Government Gazette — Legal Notice 2013 161 · Gazzetta tal-Gvern ta’ Malta Nru. 19,101 – 21.06.2013 — Tourist Guides (Amendment) Regulations, 2013

Reg. 1 — Tourist Guides (Amendment) Regulations, 2013 Open official source

The title of these regulations is the Tourist Guides

(Amendment) Regulations, 2013, and they shall be read and

construed as one with the Tourist Guides Regulations, 2010,

hereinafter referred to as “the principal regulations”.

Malta Government Gazette — Legal Notice 2013 161 · Gazzetta tal-Gvern ta’ Malta Nru. 19,101 – 21.06.2013 — Tourist Guides (Amendment) Regulations, 2013

Reg. 2 Amends regulation 3 of the principal regulations. — Tourist Guides (Amendment) Regulations, 2013 Open official source

Regulation 3 of the principal regulations shall be

amended as follows

(a) in sub-regulation (3), the words “be enrolled in the

said register of tourist guides.” shall be substituted by

the words “be enrolled in the said register of tourist

guides:” and immediately thereafter there shall be added

the following proviso

“Provided that access to and pursuit of the profession, as

described in sub-regulation 3 (1), shall also be granted

to applicants who have pursued the profession referred

to in that sub-regulation on a full-time basis for two

years during the previous ten years in another member

State which does not regulate that profession, provided

they possess one or more attestations of competence or

documents

providing

evidence

of

formal

qualifications.”;

(b) in sub-regulation (4), in paragraph (c) thereof, for

the words “Level 3 of the National Qualifications

Framework attained from a training institution

recognised by the Authority or equivalent” there shall

be substituted the words “Level 5 of the National

Qualifications Framework attained from a training

institution recognised by the Authority, provided that,

for the purposes of sub-regulation (7) hereof, this

regulation shall come into force within six months of

the publication of these regulations, or equivalent”; and

(c) in sub-regulation (6), for the words “three years”

there shall be substituted the words “two years”.

Malta Government Gazette — Legal Notice 2013 161 · Gazzetta tal-Gvern ta’ Malta Nru. 19,101 – 21.06.2013 — Tourist Guides (Amendment) Regulations, 2013

Reg. 3 Amends regulation 4 of the principal regulations. — Tourist Guides (Amendment) Regulations, 2013 Open official source

In sub-regulation (6) of regulation 4 of the principal

regulations, for the words “three years” there shall be

substituted the words “two years”.

Malta Government Gazette — Legal Notice 2013 161 · Gazzetta tal-Gvern ta’ Malta Nru. 19,101 – 21.06.2013 — Tourist Guides (Amendment) Regulations, 2013

Reg. 4 Amends regulation 7 of the principal regulations. — Tourist Guides (Amendment) Regulations, 2013 Open official source

Regulation 7 of the principal regulations shall be

amended as follows

paragraph (e) of sub-regulation (4) thereof shall

be deleted.

Explanatory Note

Amendment to the Tourist Guides Regulations, 2010.

Introduction

Through the amendments to regulations 3, 4 and 7 of, the Tourist Guides

Regulations (LN 288 of 2010),

1. the Regulatory Authority (Malta Tourism Authority) will issue a guiding

licence subject to the attainment of a formal qualification at Level Five of

the National Qualifications Framework,

2. the Continuous Professional Development (CPD) programme is aligned

with the renewal of the licence and

3. the amended regulations are now in line with the Recognition of

Professional Qualifications Regulations (LN 422 of 2007)

Summary and Background

Prior to the amendment, regulation 3 of the same Legal Notice stated that the

Authority issued a licence if the person requesting the licence possessed a

Level 3 qualification. The amendment raised the level of qualification of the

national Qualifications Framework to Level 5. This is applicable to new

applications that are filed with the Authority six months after the coming into

force of these regulations. A new proviso has been added to clarify that, in the

case of establishment, the requirement of a two years’ pursuit of the profession

during the previous ten years in the home Member State of the applicant does

not apply when either the profession or the education and training leading to

the profession is regulated in that State.

The amendment to Regulation 4 aligns the Continuous Professional

Development (CPD) programme, organised by the authority and required for

the renewal of the licences, to the renewal date of the licence. In the previous

regulations the licence is valid for three years whilst the CPD is being

organised every two years.

The amendments to Regulation 7 removed the requirement, imposed on a

guide coming form a European Member State and who wishes to provide

temporary guiding services provider, to have special knowledge of the special

designated location.

These amendments to Regulation 7 are being introduced to avoid infringement

procedures by the EU commission as the situation prior to the amendment was

in breach of the Recognition of Professional Qualifications Directive

(2005/36/EC) and the corresponding local legislation, the Recognition of

Professional Qualifications Regulations (Legal Notice 422of 2007).

Overview of the structure of the regulations.

The Tourist Guides Regulations (LN 228 of 2010) regulate the activity of

tourist guiding in and around the Maltese Islands.

They list the requirements (academic and otherwise) needed to apply for and

renew a licence, to provide temporary service and establishment, the

responsibilities of guides and travel agents, the maximum number of person in

a tour to be guided, the prohibition of any collusion with any trading outlet,

the reason that may lead to the suspension or revocation of a licence, method

of appeal and penalties in case of conviction

Commentary on the amendment to the regulations.

Commenatary given in the summary and background.

Concluding Section

These regulations will come into force on the date of their publication with the

exception of amendment to regulation 3 (4) (c) which shall come into force six

months from the date of the publication of this Legal Notice. Any omissions or

mistakes in the Explanatory Notes will not exempt users from compliance required by

the law a published.

User Guidelines

Amendment to the Tourist Guides Regulations, 2010

Objectives of the Regulations

Through the amendment to regulations 3, 4 and 7 of, the Tourist Guides

Regulations (LN 288 of 2010), the Regulatory Authority (Malta Tourism

Authority) will issue a guiding licence subject to the attainment of a formal

qualification at Level Five of the National Qualifications Framework, the

Continuous Professional Development (CPD) programme is aligned with the

renewal of the licence and the amended regulations are now in line with the

Recognition of Professional Qualifications Regulations (LN 422 of 2007)

Target audience

These regulations are meant to be followed by whoever is providing guiding

services in Malta and Gozo and travel operators in particular excursion

organisers. The licence to provide guiding services is issued by the Malta

Tourism Authority.

A brief Overview of the Changes to Legal Notice 288 of 2010 (Tourist Guides

Regulations, 2010)