English Language Teaching Council Regulations, 2015

L.N. 221 of 2015

EDUCATION ACT

(CAP. 327)

English Language Teaching Council Regulations, 2015

IN exercise of the powers conferred by article 135 of the

Education Act, the Minister for Education and Employment has made

the following regulations:-

The title of these regulations is the English Language Citation.

Teaching Council Regulations, 2015.

PART A - ACADEMIC STAFF

1. Director of Studies

1.1 The head of school or the Distance Learning Provider, as

the case may be, shall appoint a Director of Studies to have the

overall responsibility for all academic matters. Save for the

provisions of paragraph 1.3 of this Part of this Schedule, nothing

contained herein shall prohibit the head of school from acting as the

Director of Studies.

1.2 A person or persons appointed as Director of Studies shall

be so appointed on an exclusive basis, meet with the approval of the

Council, and only act in such capacity for one School, or for one

Distance Learning Provider at a time, save where the Distance

Learning Provider forms an integral part of the School.

1.3 The Director of Studies shall be required to possess the

qualifications set out in paragraphs (a)(i), (a)(ii) and (a)(iii) set out

hereunder

(a)(i) an international diploma at post graduate level

National Qualifications Framework level 7 or a comparable or

higher qualification in ELT of a recognised university or

institution plus a minimum of 1,000 contact ELT hours spread

over no less than twelve cumulative months; or

(a)(ii) a first degree in English National Qualifications

Framework level 6 and an international certificate at National

Qualifications Framework level 5 or a comparable or higher

qualification in ELT from a recognised university or institution

plus a minimum of 1,500 ELT contact hours spread over no less

than twelve cumulative months; or

(a)(iii) a post-graduate degree at National Qualifications

Framework level 7 in Education, Applied Linguistics,

Linguistics with specialisation in ELT and an international

certificate at National Qualifications Framework level 5 or a

comparable or higher qualification in ELT from a recognised

university or institution plus a minimum of 2,000 ELT contact

hours spread over no less than twelve cumulative months;

(b)

a valid ELT Permit;

(c)

a police certificate of good conduct issued within

the last month prior to application and again on demand at any

time throughout the tenure of the post of Director of Studies.

1.4 (a)

The Director of Studies of a School shall be

responsible for the day to day management and administration of all

formal academic matters and, when provided by the School, for

overseeing all the School’s non-formal learning processes of the

student. It is the duty of the Director of Studies to be present on the

School Premises at all times during the running of formal tuition and

to oversee the learning aspects of the non-formal processes.

(b)

The Director of Studies of a Distance Learning

Provider shall be responsible for the day to day management and

administration of all formal academic matters of the Distance

Learning of the student. It is the duty of the Director of Studies of a

Distance Learning Provider to provide each student with a contact

and to address any queries in a timely manner as provided for in sub-

article 3(e) of Part D of this Schedule.

Without prejudice to the generality of the foregoing, the duties

and responsibilities of the Director of Studies of a School and, mutatis

mutandis, of a Distance Learning Provider shall include

(a)

satisfying at all times the academic criteria and

standards of these regulations, this Schedule, licence conditions

and Council rules as established by the Council from time to

time;

(b)

identifying the English language training needs of

the students, designing formal tuition course syllabi, selecting

course materials and implementation;

(c)

setting and monitoring the formal academic plan

including standards and performance levels, all placement and

final assessments and certification;

(d)

recruitment, guidance, in-service training, regular

continual professional development and performance

assessment of ELT Practitioners;

(e)

attending to formal academic issues, academic

progress of students and English Language Teachers and

resolving academic issues and complaints;

(f)

maintenance of proper academic records including

formal tuition course syllabi, ELT Practitioner register, student

attendance records;

(g)

setting and overseeing the non-formal learning

objectives, processes, standards and outcomes of the School;

(h)

liaison with the Council on all formal, non-formal

academic matters;

(i)

complying with all reporting requirements on

academic services which may lawfully be requested by the

Council from time to time in an accurate and timely manner;

(j)

complying with all applicable laws, regulations,

this Schedule, licence conditions, Council rules and any quality

assurance measures in force from time to time.

2. School Annexe Manager

2.1 No Director of Studies of a School shall operate or permit

to be operated a School Annexe unless such School Annexe is

approved by the Council and he has previously appointed and

delegated a School Annexe Manager who meets with the approval of

the Council and who possesses the following qualifications

(a)

a valid ELT Permit;

(b)

an

international

certificate

at

National

Qualifications Framework level 5 in ELT or a comparable or

higher qualifications from a recognized institution as approved

by the Council;

(c)

a minimum of 1000 ELT contact hours in a School

spread over no less than twelve cumulative months, certified by

the Director of Studies of that School to the satisfaction of the

Council.

2.2 It is the duty of the School Annexe Manager to be

responsible, within the limits of any delegated authority for the day to

day management and administration of all formal academic matters

and to be present at the School Annexe at all times during the running

of formal tuition.

Without prejudice to the generality of the foregoing, the

delegated duties and responsibilities of the School Annexe Manager

shall include

(a)

attending to formal academic issues, academic

progress of students and of English Language Teachers and

resolving academic issues and complaints;

(b)

maintenance of proper academic records including

formal tuition course syllabi, ELT Practitioner register and

student attendance records,

as well as any duty, specified in sub-article 1.4 of Part A of this

Schedule, that may be delegated to the School Annexe Manager on a

day to day basis.

3. English Language Teachers

3.1 No School shall employ or otherwise engage a person and

no persons shall be engaged as English Language Teacher unless they

possess the qualifications set out hereunder and are in possession of

an ELT Permit.

3.2 In order to qualify for an ELT Permit, a person shall be at

least eighteen years of age and shall be required to possess the

following qualifications

(a)

a matriculation certificate or comparable

qualifications at National Qualifications Framework level 4 if

under the age of twenty-one years on the date of application;

(b)(i) a Test for English Language Teachers (TELT)

certificate issued by the Council or comparable qualification in

English not inferior to Grade C at Advanced level at National

Qualifications Framework level 4, and a certificate in the

methodology of teaching English language to speakers of other

languages approved by the Council or comparable, or higher

qualifications in English language awareness, proficiency and

methodology from a recognised institution approved by the

Council; or

(b)(ii) an

international

certificate

at

National

Qualifications Framework level 5 in English language teaching

to speakers of other languages or a higher qualification from a

recognised institution as approved by the Council;

(c)

a SEPTT certificate at Band 3 issued by the

Council or any other speaking proficiency test certificate at a

level deemed sufficient by the Council,

and be in possession of a police certificate of good conduct issued

within the last month prior to the application and maintain such

certification to be provided on demand throughout the tenure of the

post of English Language Teacher.

3.3 No School shall employ or otherwise engage persons and

no person shall give lessons in English for Specific Purposes unless

they hold a valid ESP Permit issued by the Council. The issuance of

such ESP permit is dependent upon evidence that the person applying

holds

(a)

relevant qualifications or relevant experience in the

specific field applied for; and

(b)

a police certificate of good conduct issued within

the last month prior to application.

Notwithstanding the foregoing it remains the responsibility of

the Director of Studies to ensure that any person so engaged

guarantees fluency in English in the specific purpose and restricts his

lessons solely to the permitted specific purpose. Such persons shall

complement the regular teaching personnel only in so far as lessons in

the specific purpose are concerned.

3.4 An ELT Permit may be renewed on application subject to

the provisions of regulation 10(6), and to having followed annual

programmes of continual professional development (CPD) in English

language proficiency and methodology, whereby the programme

hours of such CPD amount to thirty-two hours over four consecutive

years or to more as the Council may determine from time to time.

3.5 An ESP Permit may be renewed on application subject to

the provisions of regulation 10(6), and to having followed annual

programmes of continual professional development (CPD) in the

specific purpose and in the ESP teaching methodology, whereby the

programme hours of such CPD amount to thirty-two hours over four

consecutive years or to more hours as the Council may determine

from time to time.

4. English Language Teachers Providing Home Tuition

4.1 No person shall in any way indicate or hold himself as a

Home Tuition Provider unless that person possesses

(a)

the qualifications set out in the sub-article 3.2 of

this Part of this Schedule;

(b)

an ELT Permit for Home Tuition;

(c)

has at his disposal and is responsible for, the

management, or is in control, of a residence in which he

regularly resides which has been inspected and approved by the

Council as fit and proper to receive, accommodate and teach

English to speakers of other languages, is in possession of a

licence for the purpose of receiving student guests in the home

by the Malta Tourism Authority and provides the student with

the requested meal plan;

(d)

a minimum of 750 ELT contact hours to adults in a

School spread over no less than twelve cumulative months,

certified by the Director of Studies of that School to the

satisfaction of the Council;

(e)

the competences and skills to carry out an English

language training needs analysis, design and implement

appropriate syllabi and select materials therefor, all certified by

the Director of Studies of the School in the aforesaid paragraph

(d) to the satisfaction of the Council; and

(f)

provides a quiet area or room equipped with

learning facilities in the residence that is conducive to study and

concentration where formal lessons can be held and where the

learner can freely undertake independent study at any and all

times.

4.2 An ELT Permit for Home Tuition may be renewed on

application subject to regulation 10(6) and to having followed annual

programmes of continual professional development (CPD) and of

updating in English language proficiency and teaching methodology

whereby the programme hours of such CPD amount to thirty-two

hours over four consecutive years or to more hours as the Council

may determine from time to time.

4.3 The Home Tuition Provider shall be responsible for the

day-to-day running of the formal and non-formal tuition programmes

and management of the residence as well as for the comfort and

general welfare of the student and, without prejudice to generality of

thye aforesaid, the duties and responsibilities shall include

(a)

satisfying at all times the academic criteria and

standards of these regulations, licence conditions and Council

rules established by the Council from time to time;

(b)

designing formal tuition course syllabi, non-formal

learning processes and selecting course and free time materials

and implementation;

(c)

carrying out needs analyses, setting and overseeing

learning objectives, maintaining academic standards and

progress and determining the outcomes of each course;

(d)

attending to formal, non-formal and informal

academic issues, the academic progress of the student and

resolving issues and complaints;

(e)

maintaining proper academic records including a

course register, formal tuition course syllabi, non-formal

learning processes, student name, attendance, performance and

final outcome records of formal tuition sessions;

(f)

reporting to the Council on all formal and non-

formal academic matters;

(g)

complying with all reporting requirements which

may lawfully be requested by the Council from time to time in

an accurate and timely manner; and

(h)

complying with all applicable laws and regulations,

this Schedule, licence conditions, Council rules and any quality

assurance measures in force from time to time.

4.4 No Home Tuition Provider shall provide tuition to more

than four persons simultaneously or accept and accommodate in his

residence at any one time more than four persons and simultaneously

provide tuition.

5. English Language Teacher trainers

5.1 No person shall in any way indicate or hold himself as an

English Language Teacher trainer unless he possesses the following

qualifications

(a)

a valid ELT Permit;

(b)(i) an international diploma at post-graduate level at

National Qualifications Framework level 7 or a comparable or

higher qualification in ELT from a recognised university or

institution plus a minimum of 1,500 ELT contact hours spread

over no less than twelve cumulative months; or

(b)(ii) a first degree in English or in English as a main

subject at National Qualifications Framework level 6 and an

international certificate at National Qualifications Framework

level 5, or a comparable or higher qualification in ELT from a

recognised university or institution plus a minimum of 2,000

ELT contact hours spread over no less than twelve cumulative

months;

(c)

a certificate of participation, within the last three

years from the scheduled date of commencement of the training

course, at periodical continual professional development

programmes conducted by international ELT professionals for a

minimum of six hours as approved by the Council; or to more

hours as the Council may determine from time to time

Provided the six hours may contribute towards the

requisite hours referred to in articles 3.4 and 3.5 of this Part of this

Schedule.

5.2 No English Language Teacher may design, conduct, or

teach on, a teacher training course ordained for the issue of an ELT

Permit or ESP Permit unless he satisfies the requirements of sub-

article 5.1 of this Part of this Schedule and, upon application, is

granted permission by the Council.

5.3 No English Language Teacher in possession of permission

to teach on a teacher training course shall teach on any teacher

training course ordained for the issue of an ELT Permit or ESP Permit

that has not been approved by and registered with the Council.

6 .

English Language Teachers Providing Distance Learning

6.1. No person shall in any way indicate or hold himself as a

Distance Learning Teacher or Practitioner from Malta unless that

person possesses

(a)

the qualifications set out in the sub-article 3.2 of

this Part of this Schedule;

(b)

is at least twenty-one years of age;

(c)

a minimum of 300 ELT contact hours to adults in a

School spread over no less than six cumulative months, certified

by the Director of Studies of that School to the satisfaction of

the Council.

7. Certificates

7.1 Schools shall, over the signature of the Director of Studies,

issue a certificate of attendance to every student, setting out the title

and level of the course followed together with the dates of attendance

and number of hours actually attended.

7.2 A Home Tuition Provider shall, over his signature, issue a

certificate of attendance at Home Tuition to every student, setting out

the title and level of the course followed together with the dates of

attendance and number of hours actually attended.

7.3 A Distance Learning Provider shall, over the signature of

the Director of Studies, issue a certificate of participation at a named

Distance Learning Programme to every student setting out the level

of, and the involvement in, the course followed.

7.4 A School, Home Tuition Provider or Distance Learning

Provider shall, upon the specific request of a student, issue a course

transcript outlining the areas or topics covered during the course, and

the proficiency attained by the student.

PART B - NON-ACADEMIC SERVICES

1. Management of Non-academic Services and Student

Welfare

1.1 The head of school shall appoint a person or persons

howsoever styled to be charged with the overall responsibility for any

and all non-academic services offered by the School, save that when a

head of school entrusts the said responsibilities to more than one

person the responsibilities shall be vested collectively in all the

persons so appointed and the head of school shall nominate one

person in the role of Leader from among such. Save for the provisions

of sub-article 1.4 of this Part of this Schedule, nothing contained

therein shall prohibit the head of school or the Director of Studies

from acting as the said Leader. The Home Tuition Provider shall act

as the said Leader and the provisions of this Part of this Schedule

shall apply mutatis mutandis.

1.2 The said person, whether on his own or collectively with

other persons, shall be so nominated on an exclusive basis, and shall

only act in such capacity for one school.

1.3 Whether the non-academic services provided by the

School are so provided directly by the School or through agents or

sub-contractors, the Leader shall ensure that any non-academic

service that may be offered is effectively provided at standards which

are customary for the provision of such services and in conformity

with the relative contractual obligations, these regulations and this

Schedule, licence conditions, Council rules and quality assurance

criteria established by the Council from time to time.

1.4 The appointed person or persons shall be responsible for

the day-to-day management and administration of the non-academic

services of the School and shall liaise with the Director of Studies for

overseeing all non-formal learning processes of the student. It is the

duty of such nominated person or persons to have a supervisory

presence at all times during the running of the non-academic services

of the School. Without prejudice to the generality of the foregoing,

the duties and responsibilities of the appointed person or persons shall

include

(a)

satisfying at all times the non-academic criteria;

(b)

setting and monitoring the School’s non-academic

services plan including standards and performance levels and

taking all action necessary to maintain and improve standards;

(c)

organising and running of the non-academic

services of the School;

(d)

providing, during normal School hours and at all

times during activities organised by the School, advice,

information and guidance, including, without prejudice to

generality of the foregoing, particular reference to local laws,

local customs, general behaviour, respect towards the local

community as well as non-formal and informal services;

(e)

supervision and welfare during activities organised

by the School commensurate with the profile and age of the

student;

(f)

recruitment, guidance, in-service training, regular

continual professional development and performance

assessments of persons employed or otherwise engaged in the

provision of information, guidance, welfare, non-formal and

informal learning processes and non-academic services to

students;

(g)

attending to non-academic issues and resolving

problems and complaints;

(h)

provision of an identification document for each

student registered to follow a course at the School as may be

determined by the Council from time to time;

(i)

liaison with any person or entity through whom the

School provides the student with non-academic services

including, without prejudice to generality of the foregoing,

accommodation or lodging, transportation, cultural, leisure,

entertainment and sports activities in Malta and Gozo;

(j)

liaison with any person or entity through whom the

School receives students and with whom the School executes a

written contract in terms of regulation 13, compliance therewith

and supervision of the proper execution of the said contract;

(k)

in the case of students who have not attained the

age of eighteen years

(i) provision of a 24 hour / 7 day per week

emergency communication service to students, student

leaders, agencies and competent authorities;

(ii) taking of such measures as may be necessary

to safeguard the general welfare of students at all times in

their stay in Malta or Gozo when registered with the

School and not accompanied by a parent or adult guardian

and of such measures that the Council shall from time to

time prescribe;

(l)

approval and monitoring of board and lodging

facilities, and ensuring that such facilities at all times comply

with all licensing conditions and applicable regulations, and

provide what the student was offered as part of the non-

academic services by the School;

(m)

vetting of the necessary permits and authorisations

of all sub-contractors/agents or other persons providing any

non-academic services to the students on behalf of the School;

(n)

ensuring that any description or representation

made by the School intended or aimed at marketing, publicising

or otherwise promoting the non-academic services offered by

the School is a faithful and accurate description or

representation of the non-academic services and facilities

effectively provided;

(o)

liaison between the School and the Council on non-

academic services;

(p)

complying with all reporting requirements on non-

academic services which may lawfully be requested by the

Council from time to time;

(q)

complying with all applicable laws, regulations,

this Schedule, licence conditions, Council rules and any quality

assurance measures in force from time to time.

2. Schools and Home Tuition Providers offering non-

academic services to students, directly as an all-inclusive package or

not, or indirectly through another person in accordance with

regulation 13, shall have overall responsibility for all such non-

academic services offers, save that when a student over eighteen

years of age makes arrangements for any of his own non-academic

services directly himself, the School or Home Tuition Provider shall

be responsible only for the arrangements it is contracted to provide by

the student.

3. The said Leader shall ensure the observance by the School

of all employment regulations as these affect all employees of the

School.

4. A person shall not be appointed and shall not retain the

appointed position if that person has been convicted by any court of

criminal jurisdiction

(a)

for any crime liable to imprisonment for a term

exceeding one year; or

(b)

of having abused the students’ trust or having used

violence in their regard; or

(c)

of any crime because of which such person may

not, in the Council’s opinion, be fit to be in the employment of

or otherwise engaged with the provision of non-academic

services of a School

Provided that the provisions of regulation 10(8) and (9) shall

apply mutatis mutandis to any such disqualified person.

5. The head of school shall immediately take action and

notify the Council in writing of any occurrence in terms article 4 of

this Part of this Schedule.

PART C - SCHOOL PREMISES AND SCHOOL ANNEXES

AND HOME TUITION PREMISES

1. No person shall establish, keep or operate a School unless

he has at his disposal and is responsible for the management, or is in

control, of permanent premises that comply with the provisions of

this Part of this Schedule.

2. The School Premises shall be the principal building of the

School to serve its day-to-day student and management needs,

provide classrooms, adequate and accessible common spaces for the

assembly, relaxation and social interaction of students and sanitary

facilities that comprehensively shall determine the maximum number

of students that are accepted by the School in the School Premises at

any one time, offices for the Director of Studies and persons

appointed to manage the non-academic services and rooms or

appropriate spaces for teachers, resources, library, self-access

internet, administrative staff and other needs.

3. The School Annexe or School Annexes shall be

complementary to the School Premises to accommodate students

beyond that determined by the School Premises and shall provide for

classrooms, adequate and accessible common spaces for the

assembly, relaxation and social interaction of students and sanitary

facilities that comprehensively shall determine the maximum number

of students that are accepted by the School in the School Annexe at

any one time, rooms or appropriate spaces for the delegate of the

Director of Studies, the persons appointed to manage the non-

academic services, teachers, resources and other needs.

4. Without prejudice to the generality of the foregoing, each

building that serves as School Premises and School Annexe shall

(a)

be compliant with all applicable laws, regulations,

this Schedule, licence conditions, Council rules and quality

assurance measures in force from time to time;

(b)

be in good structural and well decorated condition

at all times of use;

(c)

provide independent access to each classroom;

(d)

be kept clean and regularly maintained, and

conform to health, sanitary, fire and safety regulations regarding

school buildings at all times of use;

(e)

provide for the easy flow of students at peak and

emergency times and for opportunities for these to mix and

speak;

(f)

be conducive to learning, reasonably free from

noise and odour pollution, and with a layout that minimises

disturbance, discomfort and danger to the users;

(g)

be free from hazards to safety and to good health;

(h)

have a health and safety and fire risk assessment

certificate that is regularly updated and as recommended by the

Occupational Health and Safety Authority;

(i)

provide for the purview of food and drinks.

5. Classrooms and other areas

5.1 Classrooms shall

(a)

be of such dimensions that represents a minimum

of 1.75 square metres per student;

(b)

be well ventilated, lit and aired and protected from

heat, cold and humidity, with at least half of the classrooms

being naturally lit;

(c)

accommodate a maximum number of students that

shall allow flexibility, movement and the formation of sub-

groups according to the purpose of the lessons and profile and

age of the students;

(d)

contain such furniture as to ensure that each

student accommodated therein can sit, write and move about in

comfort. Desks, chairs, tables and other furniture shall be in a

good state of repair and shall allow flexibility in classroom

layout;

(e)

be adequately equipped with teaching aids and

have at least a board or information technology systems display

commensurate with the purpose of the lessons or other means of

graphic display which shall be large enough for the maximum

number of students in the classroom and positioned in a way

that ensures easy vision by all students;

5.2 Indoor common spaces for the assembly, relaxation and

social interaction of students shall be appropriately furnished and

decorated and shall adequately provide facilities for ventilation and

the accommodation and refreshment of all students during break-

times and access for students between classrooms.

5.3. Outdoor common spaces for the assembly, relaxation and

social interaction of students shall provide appropriate safety, security

and shielding from heat, cold and rain and adequate facilities for

accommodation and refreshments, if not adequately provided indoor,

during break-times and shall be such as to minimise noise and

disturbance to third parties when in use.

5.4 Toilet and sanitary facilities shall be required to be

approved by the competent health authorities. Such facilities shall be

commensurate with the total number of users present on the School

Premises or School Annexe at any one time. Separate male and

female toilet facilities should be provided at the minimum rate of one

per fifty students. Teaching personnel and other staff shall have their

own separate toilet and sanitary facilities. All toilet and sanitary

facilities shall be clean, hygienic and maintained.

5.5. The premises for the provision of Home Tuition shall be

the duly licensed regular residence of the Home Tuition Provider and

shall provide a quiet area or room conducive to study and learning,

single or twin/double bedroom with private facilities as well as

common spaces freely accessible to the student for living, dining and

social interaction with the English language teacher and his

5.6 Without prejudice to the generality of the foregoing, the

premises for the provision of Home Tuition, whether the English

Language Teacher’s residence or student’s temporary residence, shall

(a)

be compliant with all applicable laws, regulations,

this Schedule, licence conditions, Council rules and quality

assurance measures in force from time to time;

(b)

be in good structural and well decorated condition

at all times when a student is hosted;

(c)

be naturally well ventilated, lit and aired and

protected from heat, cold and humidity;

(d)

provide independent access to each bedroom and to

the bathroom;

(e)

be reasonably free from noise and other

disturbances, and with a layout that minimizes disturbance and

discomfort to the users;

(f)

be appropriately and comfortably furnished as to

ensure the comfort and welfare of each student accommodated

(g)

be adequately equipped with teaching materials,

aids and equipment commensurate with the purpose of the

lessons and the profile of the student;

(h)

be kept clean and regularly maintained, free from

hazards to safety and good health;

(i)

have a Health and Safety and fire risk assessment

certificate that is regularly updated and as recommended by the

Occupational Health and Safety Authority;

(j)

provide for the supply of the students’ need of

fresh potable water.

PART D - DISTANCE LEARNING PROVIDERS

1. The Distance Learning Provider shall provide

(a)

his Domain Name Services to be registered with

the Council;

(b)

adequate infrastructure, in terms of human

resources and reliable equipment;

(c)

an effective system of identity verification;

(d)

recording the electronic communication hours;

(e)

protection of the privacy of the student and teacher;

(f)

prevention against identity fraud;

(g)

assurance of the security of the services provided;

(h)

recording of the electronic communication hours of

a student;

(i)

monitoring of the performance of each student, and

of the teachers.

2. The Director of Studies of a Distance Learning Provider

shall, in addition to the requirements set out in sub-article 1.4 of Part

A of this Schedule, be responsible for

(a)

the development and supervision of the Distance

Learning Programmes and any student assessment thereto;

(b)

the application of suitable modern technologies;

(c)

the creation of a suitable environment for the

implementation of the Distance Learning Programme;

(d)

the development of skills of the English Language

Teachers providing Distance Learning teaching in the field of

education technology and development of electronic curricula

with the provision of technical support, timely feedback of the

English Language Teachers providing Distance Learning to the

students deemed to be not in excess of twenty-four hours, save

that a Distance Learning Provider may promote and inform a

prospective student prior to recruitment that the twenty-four

hour time-frame is not applicable on week-ends and on listed

public holidays.

In these regulations, save for the definitions set out Interpretation.

hereunder, words and expressions shall have the same meaning

assigned to them in the Act

"Act" means the Education Act;

"all-inclusive package" means the pre-arranged tuition at a

School or as Home Tuition combined with at least another non-

academic service mentioned hereunder, when offered by a School or

by a Home Tuition Provider, whether at an inclusive price or

separately and, when the package covers a period exceeding twenty-

four hours, it also includes -

(a)

licensed accommodation or lodging of any kind;

(b)

other services not ancillary to accommodation and

equivalent to at least one-fifth of the tuition time included in the

package;

"Association" means an association of English language

teaching schools which in the opinion of the Minister -

(a)

represents such number of schools as would in the

immediately preceding year to the appointment of the Council

members, have serviced the largest number of students; and

(b)

contributes to the establishment or has established

for its member schools guidelines aimed at ensuring academic

and non-academic quality standards which are at least in

conformity with the requirements of these regulations;

"Council" means the English Language Teaching Council to be

also referred to as "ELT Council" established by regulation 4;

"Distance Learning" means the provision by electronic means

from Malta of English Language Teaching to speakers of other

languages that do not physically attend a place ordained for tuition in

Malta or elsewhere, established by regulation 9(2);

"Distance Learning Provider" means any person that is licensed

with the Council to provide Distance Learning;

"Distance Learning Teacher" or "Distance Learning

Practitioner" means any person trained and qualified in ELT and in

possession of an ELT Permit for Distance Learning;

"ELT" means English Language Teaching to speakers of other

languages as a foreign language;

"ELT Council Officer" means such officer as is authorised by

the Council to perform duties necessary for the execution of the

functions of the Council and those other functions which are related

to the implementation of these regulations and of the Act and also to

perform such work as may be necessary to assure and inspect the

quality and standards in Schools, by Home Tuition Providers and

Distance Learning Providers, and to perform such duties as may be

assigned to them by the Chairperson of the Council;

"ESP" means English for Specific Purposes in a discipline or

disciplines to speakers of other languages;

"ELT Permit", "ELT Permit for Home Tuition", "ELT Permit for

Distance Learning", and "ESP Permit" mean a licence issued under

regulation 10;

"English Language Teacher" or "ELT Practitioner" means any

person trained and qualified in ELT and in possession of an ELT

Permit;

"Home Tuition" means the provision of ELT by an English

Language Teacher, not in the name or employment of a School,

principally at the place of residence of the same English Language

Teacher or of the student, as approved, to not more than four such

students hosted and taught simultaneously and "Home Tuition

Provider" or "Home Tuition Tutor" and similar words shall be

construed accordingly;

"Minister" means the Minister responsible for education;

"non-academic services" means any information, guidance,

knowledge, howsoever imparted or transmitted whether as non-

formal or informal learning or otherwise or any other service

generally of a tourism nature including, without prejudice to

generality of the aforesaid, cultural, leisure, entertainment, sports

activities and accommodation, not being formal tuition, provided to

students speakers of other languages attending a School or Home

Tuition;

"School" means a school in terms of the Act, whose principal

non-exclusive activity is formal ELT, conducted continuously

throughout the year and may include non-formal and informal

learning and teaching English for the specific purposes of other

disciplines when packaged with the principal activity, save that a

School may be permitted to conduct formal ELT for a continuous

period of not less than six consecutive and operational months in

every year and not operate otherwise, established by regulation 9;

"School Annexe" means any building, not contiguous to the

School Premises, in whole or in part, howsoever described

temporarily or permanently ordained toward ELT by the school and

approved for the purpose by the Council prior to use;

"School Premises" means any building or group of contiguous

buildings whether in whole or in part howsoever described ordinarily

ordained towards ELT by the School as its permanent principal

premises and approved for the purpose by the Council;

"Tesol" means Teaching English to Speakers of Other

Languages.

Fees

For the issuing of an ELT Permit ............................................

For the issuing of an ELT Permit for Distance Learning .........

For the issuing of an ELT Permit for Home Tuition ................

For the issuing of an ESP Permit ............................................

For the renewal of an ELT Permit ...........................................

For the renewal of an ELT Permit for Distance Learning ........

For the renewal of an ELT Permit for Home Tuition ..............

For the renewal of an ESP Permit ...........................................

For a new School licence ........................................................

For a School licence renewal ..................................................

For a new Annexe licence .......................................................

For an Annexe license renewal ...............................................

For a new Distance Learning Provider licence .......................

For a renewal of Distance Learning Provider licence .............

For a new Home Tuition Provider licence ..............................

For a renewal of Home Tuition Provider licence ....................

*

Payable on every application of renewal.

** Varies according to the school category table and payable on every application of

renewal.

School Category Table

Category A Schools (not more than 2,400 student weeks in the preceding

year) pay €100.

Category B Schools (between 2,400 and 7,200 student weeks in the

preceding year) pay € 200.

Category C Schools (between 7,200 and 12,000 student weeks in the

preceding year) pay €300.

Category D Schools (more than 12,000 student weeks in the preceding

year) pay €400

B

€2.70

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

regulatory framework for the advancement and monitoring of

standards with respect to the ELT profession, Schools, English

language teachers, Home Tuition Providers, Distance Learning

Providers, non-academic services and ancillary services that together

constitute the stay of, or the provision to, English language students,

speakers of other languages

Provided that, the provisions of the Further and Higher S.L 327.433

Education (Licensing, Accreditation and Quality Assurance)

Regulations, shall not continue to apply to Schools subject to, and

with effect from the coming into force of, these regulations.

There shall be established a Council, to be called the English

English Language Teaching Council or ELT Council having such Language

Teaching

functions and powers as are set out in regulation 6, which shall be a Council.

body corporate having a distinct legal personality and shall be

capable, subject to the provisions of the Act, of entering into

contracts, of acquiring, holding and disposing of any kind of property

for the purposes of its functions, of suing and being sued, and of

doing all such things and entering into all such transactions as are

incidental or conducive to the exercise or performance of its

functions.

(1)

The Council shall be composed of nine members

appointed as follows

(a)

a Chairperson appointed by the Minister;

(b)

a member with competence in ELT appointed by

the Minister;

(c)

a member nominated by the Minister responsible

for tourism;

(d)

a member nominated by the Minister responsible

for tourism from among persons with industry experience;

(e)

a member nominated by the National Commission

for Further and Higher Education;

(f)

two members nominated by the Association;

(g)

one member elected by the associated licensed

Schools;

(h)

one member elected by the non-associated

independent licensed schools provided that the members

referred to in paragraphs (g) and (h) are in the full-time

employment positions at National Qualifications Framework

level 6 of licensed Schools that operate all year round.

(2) Prior to the first meeting of the Council, the Chairperson

and the four other members appointed in terms of the sub-regulation

(1)(b), (c), (d) and (e) shall convene a meeting of licensed Schools in

order to elect the two members of the Council in terms of sub-

regulation (1)(g). This meeting shall be convened within one month

of the appointment of the Chairperson and the other four members.

Each licensed School present shall have one vote. In the case of a tie

of votes, a re-vote shall be taken.

(3) The Council members shall be appointed for a period not

exceeding three years and each member on expiration of his term of

office shall be eligible for reappointment.

(4) If any vacancy in the Council occurs for any cause, the

Minister shall, as soon as practicable, appoint another person to fill

the vacancy.

(5) The meetings of the Council shall be summoned by the

Chairperson and the Council shall meet as often as may be necessary

but regularly once every month.

(6) The number of members present and deemed to constitute

a quorum at the meetings of the Council shall be five members

present, but subject to the presence of a quorum, the Council may act

notwithstanding any vacancy among its members.

(7) In the absence of consensus, decisions of the Council shall

be taken by a majority of votes of the members present. The

Chairperson of the Council shall have both an original vote and, in the

case of a tie, a casting vote.

(8) Without prejudice to the aforesaid and to what may be

prescribed, the Council may make its own rules and otherwise

regulate its own procedures.

(9) The Council shall be legally represented by the

Chairperson or, by resolution of the Council, by any other member or

by the Chief Executive Officer, or Council official as the Council may

from time to time decide.

(1)

The Council shall have the following functions

Functions and

powers of the

Council.

(a)

to issue licences in terms of these regulations, to

suspend and withdraw licences and set and enforce conditions

thereto;

(b)

to monitor compliance by Schools, Home Tuition

Providers, Distance Learning Providers, English Language

Teachers with the provisions of the Act, these regulations, the

Schedules, licence, ELT Permit and ESP Permit conditions as

applicable, and Council rules as it may determine and publish

on the Council’s website from time to time, and to take all such

measures it may consider appropriate against any such School,

Home Tuition Provider, Distance Learning Provider, English

Language Teacher in breach thereof;

(c)

to carry out quality assurance procedures, establish

and maintain rules, regulations and mechanisms for quality

assurance on all aspects of ELT stays and on Distance Learning

and to ensure adherence thereto;

(d)

to develop and maintain curricula, assessments and

examinations for the professional training and qualification of

persons eligible to become English language teachers and non-

academic support staff, and to monitor compliance thereto;

(e)

to develop and maintain a sectoral framework for

ELT qualifications referenced to the National Qualifications

Framework;

(f)

to establish, develop, maintain and own brands,

marks of distinction or trust and signs of quality assurance and

to promote and regulate their use;

(g)

to advise the Minister on the state, operation, needs

and prospects of ELT in general and to compile and submit by

no later than six weeks after each year in office an annual report

thereon and on the policies, functions and plans of the Council;

(h)

to prescribe and charge the fees payable to the

Council for any service provided by it, or in respect of any

matter for which it is considered that a fee should be payable in

accordance with Schedule 2;

(i)

to determine and levy fine or penalties in cases of

non-compliance;

(j)

to advise on and promote the proficiency of

English and the benefits of ELT nation-wide;

(k)

to gather any data necessary for the enhancement

of the sector; and

(l)

to perform such other functions as the Minister

may from time to time prescribe.

(2) Without prejudice to the rights of the Minister in terms of

the Act, the Council shall have such powers and authorities given to it

by the Minister as may be required for the proper performance by it of

any and all of its functions as set out in sub-regulation (1).

(3) Without prejudice to the generality of the foregoing, the

powers of the Council shall include the power to issue, suspend and

withdraw licences, propose regulations, establish and maintain

Council rules and quality assurance standards and, as duly authorised

in writing by the Chairperson, the power to enter into any School

Premises, School Annexe residence or place for the provision of

Home Tuition, location for the provision of Distance Learning, to

conduct interviews with any person involved in the management of a

School, Home Tuition, or Distance Learning, or with any English

Language Teacher, for the purpose of monitoring and enforcing

compliance, retrieving information and documents and inspecting and

reporting on the teaching process, the physical or technological

environment, the observance of the regulations, Schedule 1, Council

rules, quality assurance standards, and licence conditions established

by virtue of the Act, these regulations and Schedule 1 and to levy

administrative fines for non-compliance.

(1)

There shall be ELT Council officers to provide ELT Council

officers.

management and general administrative services to the Council.

(2) Without prejudice to the generality of their duties and

functions, the ELT Council officers shall

(a)

co-ordinate and execute the work of the Council

and keep record of all meetings;

(b)

maintain a database of all licence holders and

relations therewith;

(c)

maintain relations with similar and other foreign

bodies or persons;

(d)

address issues on the provision of ELT and

ancillary non-academic services of the all-inclusive package

brought to their attention;

(e)

do all that which the Council may from time to

time deliberate and delegate.

(1)

The Council shall, with the approval of the Chief Executive

Minister, appoint a Chief Executive Officer who shall be chosen after Officer.

an open call for applications and who shall be the head of the ELT

Council officers, and who shall be responsible for the day-to-day

management of the Council, provide appropriate support for its

meetings and implement its decisions.

(2) The Chief Executive Officer shall report to the

Chairperson and to the Council and shall attend the meetings of the

Council whenever invited to do so but shall not have the right to vote.

(1)

Except for Schools duly licensed under these Licence to

regulations and which comply with the provisions hereof, no person establish,

and operate a

may in any way indicate or hold himself as being approved or School

provide

licensed by the Council to establish, keep or operate a School, or to Distance

use words having a similar effect, brands, marks or signs provided for Learning.

in regulation 6(1)(f) in any statement or document whether in print,

electronic or other format.

(2) Except for Distance Learning Providers duly licensed

under these regulations and which comply with the provisions hereof,

no person or other distance learning provider may indicate or hold

himself as being approved or licensed by the Council to provide

Distance Learning or use or display words having similar effect,

brands, marks or signs provided for in regulation 6(1)(f) in any

statement or document whether in print, electronic or other format.

(3) A licence shall be valid for a period of not exceeding four

years and may be renewed by the Council on application, by no later

than four months prior to the termination of the validity period of the

licence, subject to these regulations and Schedule 1 and to satisfying

the quality assurance standards as the Council may determine from

time to time.

(4) A licence may be issued, transferred to any person who, on

application, fulfils the licensing requirements, or renewed subject to

such requirements, conditions, limitations and exclusions as the

Council may determine from time to time in accordance with these

regulations, and Schedule 1.

(5) A licence which has been suspended or withdrawn or

whose validity has terminated shall be returned to the Council within

thirty days from receipt of notice by the Council to that effect.

(1)

Except for English Language Teachers duly

permitted under these regulations and who comply with the

provisions hereof, no person may in anyway indicate or hold himself

as being approved or permitted by the Council to conduct ELT or

Distance Learning, or teach English to speakers of other languages, or

provide Home Tuition or use words having a similar effect, brands,

marks or signs provided for in regulation 6(1)(f) in any statement or

document whether in print, electronic or other format.

(2) Except for English Language Teachers and persons who

teach English for specific purposes duly permitted under these

regulations and who comply with the provisions hereof, no person

may in any way indicate or hold himself as being approved or

permitted by the Council to teach English for specific purposes in a

discipline or disciplines or to use words having a similar effect,

brands, marks or signs provided for in regulation 6(1)(f) in any

statement or document whether in print, electronic or other format.

(3) An ELT Permit or ELT Permit for Distance Learning may

only be issued to a person on application and who, in the opinion of

the Council, has the required skills according to these regulations and

Schedule 1 to conduct ELT.

(4) An ELT permit for Home Tuition may only be issued to an

English Language Teacher on application and who, in the opinion of

the Council has the required knowledge and skills to satisfy the

conditions of these regulations, Schedule 1 and the requirements of

the Host Family Accommodation Regulations.

(5) An ESP Permit may only be issued to a person on

application and who, in the opinion of the Council, has the required

skills according to these regulations and Schedule 1 to teach English

for specific purposes to speakers of other languages.

(6) Any permit issued according to this regulation shall be

valid for a period not exceeding four years and may be renewed by

the Council on application within a period of four years from the date

of its termination, subject to these regulations and Schedule 1, as the

Council may determine.

(7) A person shall not be qualified to obtain and shall not

retain any such permit if such person has been convicted by any court

of criminal jurisdiction

(a)

for any crime liable to imprisonment for a term

exceeding one year; or

(b)

of having abused the students’ trust or having used

violence in their regard; or

(c)

of any crime because of which such person may

not, in the Council’s opinion, be fit to teach in a School or by

Distance Learning or to provide Home Tuition.

(8) Where a person loses his ELT Permit, ELT Permit for

Home Tuition, ELT Permit for Distance Learning or ESP Permit,

following a conviction as is referred to in sub-regulation (7), notice of

such loss shall be given by the Council in the Gazette and such notice

and order for the immediate return of the said permit shall be

communicated by the Council to the person disqualified, unless such

person has been interdicted by the judgment itself.

(9) The Council may, upon application to this effect, restore

the said permit to a person who is disqualified to hold or who forfeits

such permit in terms of sub-regulations (7) and (8) if the applicant

meets such requirements that the Council may prescribe.

(10) The holder of an ESP Permit shall not be permitted to act

as an English Language Teacher other than for the specific purpose

applied for.

(11) Any permit which has been suspended or withdrawn in

accordance with the provisions of this regulation shall be returned to

the Council within thirty days from receipt of notice by the Council to

that effect.

Any person or School that, on the coming into force of

these regulations, is in possession of an ELT Permit or licence

obtained under the National Minimum Conditions (Schools Teaching

English as a Foreign Language) Regulations before the entry into

force of these regulations shall be deemed to be in possession of an

ELT Permit or licence with the same rights and obligations in as much

as such ELT Permit or licence had been issued in accordance with the

provisions and conditions of these regulations and Schedule 1 and

shall conform to these regulations as the Council shall from time to

time prescribe.

All Schools, Home Tuition Providers and Distance

Learning Providers, English Language Teachers and ESP Permit

holders shall comply with the provisions set out in Schedule 1.

No School or Home Tuition Provider shall provide tuition

as part of a touristic package offered, organised or promoted by any

person unless such School or Home Tuition Provider executes a

written contract with such person. Such contract shall provide for

such person to comply with the relevant parts of Schedule 1 and to

take such measures and safeguards for the protection and general

welfare of students under the age of eighteen years, which measures

and safeguards shall at least be equivalent to those which the School,

or Home Tuition provider himself would take in compliance with

these regulations and Schedule 1 had he been providing an all-

inclusive package.

(1)

No person, School, Home Tuition Provider, or

Distance Learning Provider shall carry or permit to be carried any

written, verbal or electronic description and, or graphical depiction,

including photographic or other means of representation, to promote,

publicise, market or in any manner describe tuition programmes,

courses and non-academic services and, or facilities of a School,

Home Tuition, or Distance Learning unless that School, Home

Tuition Provider or Distance Learning Provider is duly licensed.

(2) A School, Home Tuition Provider or Distance Learning

Provider shall not carry or permit to be carried written, verbal or

electronic description and, or graphical depiction, including

photographic or other means of representation, to promote, publicise,

market or in any manner describe tuition programmes, courses and

where applicable, non-academic services, non-formal and informal

learning and, or facilities, including teaching aids, learning materials,

classrooms, common spaces, teaching areas, accommodation,

equipment, information technology systems, audio-visual and audio-

lingual facilities of the School, Home Tuition Provider or Distance

Learning Provider unless in a faithful and accurate representation of

the School, Home Tuition, Distance Learning or its services and

facilities as actually provided by such School, Home Tuition Provider

or Distance Learning Provider and the facilities conform to the real

state of the School Premises, School Annexe, classrooms and

common spaces and, for Home Tuition, of the study area or room,

student bedroom and residence being described, depicted or

represented.

Any head of School, Home Tuition Provider or Distance Offences and

Learning Provider that contravenes, or fails to comply with any compliance.

provisions of these regulations shall be guilty of an offence and shall,

on conviction, be liable to a fine (multa) not exceeding one thousand

and one hundred and sixty-four euro and sixty-nine cents (€1,164.69),

or to three months imprisonment or to both such fine and

imprisonment, and in the case of a continuing offence to a fine

(multa) of eleven euro and sixty-five cents (€11.65) for each day

during which the offence continues, subject to a maximum of four

thousand and six hundred and fifty-eight euro and seventy-five cents

(€4,658.75).

In any proceeding or prosecution under these regulations, a Proof of validity

copy of any order, notice, decision or other document purporting to of documents.

have been made under these regulations and purporting to have been

signed by the Chairperson of the Council, shall be accepted as

evidence of the order, notice, decision or other document and of the

facts appearing therein, without further proof.

Any person who fails to comply with any of the provisions Administrative

of these regulations shall be liable to an administrative fine not fine.

exceeding one thousand one hundred and sixty five euro (€1,165).

The Council shall be responsible for the imposition of such fines and

for their enforcement upon any person contravening these

regulations, taking into account the gravity of the non-compliance

Provided that prior to imposing a fine as provided in this

regulation, the Council shall allow for a due period of time the

person to comply with these regulations.

In these regulations, including the Schedules thereto, if English text to

there is any conflict between the English and Maltese text, the prevail.

English text shall prevail.

The National Minimum Conditions (Schools Teaching

English as a Foreign Language) Regulations are hereby revoked

without prejudice to anything done or omitted to be done thereunder.