Apprentice Tourist Guide Regulations, 2020

L.N. 307 of 2020

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Apprentice Tourist Guide Regulations, 2020

IN EXERCISE of the powers conferred by article 47 of the Malta

Travel and Tourism Services Act, the Minister for Tourism and

Consumer Protection, has made the following regulations:-

(1) The title of these regulations is the Apprentice Tourist Citation and

commencement.

Guide Regulations, 2020.

(2)

These regulations shall come into force on the 1st August,

2020.

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Malta Travel and Tourism Services Act;

"apprentice tourist guide" means a person who is studying

to obtain the necessary qualifications in tourist guiding through a

recognised training institution;

" Authority", "organised excursion", "organised excursion

operator" and "tourist guide" shall have the same meaning as

assigned to them in the Act;

"European Credit Transfer and Accumulation System" or

"ECTS credits" means the credit system for higher education

used in the European Higher Education Area;

"identity document" means the identity document issued by

the Authority in terms of regulation 8(1);

"Minister" means the Minister responsible for tourism;

"mentor" means either a tourist guide licensed in terms of

the Act and who is also licensed to guide within Special

Designated Locations, or an academic tutor who is engaged by a

recognised training institution to provide training in tour guiding

at Level 5 or higher better of the National Qualification

Framework and who demonstrates to the satisfaction of the

Authority that he is knowledgeable on the cultural and natural

heritage as well as the environment of Special Designated

Locations, who shall supervise the apprentice tourist guide

during an organised excursion being guided or conducted by the

apprentice tourist guide;

"operator" means organised excursion operator;

"recognised training institution" means an academic

institute, college or university which is accredited by the

competent Government entity to provide Tourist Guiding courses

at Level 5 or higher of the National Qualification Framework

and is recognised as such by the Authority;

"register of apprentice tourist guides" or "register" means

the register kept by the Authority in terms of regulation 3(2);

"special designated location" means any one of the places

shown in the Second Schedule to the Tourist Guide Regulations.

(1) No person shall act or provide services as an

apprentice tourist guide or use the title apprentice tourist guide unless

he is licensed or recognised to be licensed as such by the Authority in

terms of these regulations.

(2) The Authority shall keep a register of persons who are

licensed, or otherwise legally allowed to act as an apprentice tourist

guide. Such register shall be made public by the Authority.

(1) The Authority may grant an apprentice tourist guide

licence to any person, upon the submission of a completed application

form, which form must include

(a) a recent certificate of conduct of the applicant from

the country of origin;

(b) an application fee of twenty-five euro (€25) payable

to the Authority; and

(c) a written declaration by a recognised training

institution confirming that the applicant

(i) has already obtained 60 ECTS credits of a

Level 5 qualification in tourist guiding of the National

Qualification Framework and which credits obtained prove

that applicant has adequate knowledge of special

designated areas; and

(ii) is still pursuing a course of studies in tourist

guiding with the recognised training institution issuing the

declaration, which studies amount to a maximum of 120

ECTS credits of a level 5 qualifications in tour guiding; and

(iii) the name of the mentor that shall be

accompanying the applicant during organised excursions

and such other information that the Authority may require

in relation thereto.

(2) (a) The Authority shall, without delay, acknowledge

receipt of the application and shall process the same within ten (10)

working days from the date of receipt of a complete application

Provided that in case of an incomplete application, the

Authority shall, without delay, inform the applicant of the need to

supply any additional information or documentation, and that the

Authority shall not commence processing the application unless the

Authority receives a complete application

Provided further that an application shall not be deemed to

be complete unless the Authority has received all the documentation

required to be submitted under regulation 4 together with the required

completed application form.

(b) The period mentioned in sub-regulation (2)(a) may, prior to

its expiry, be extended by the Authority for one period of not more

than thirty (30) days. Such extension and the reasons thereof shall be

notified to the applicant without delay.

(3) In the event that the Authority has not determined an

application on the expiration of the period referred to in sub-regulation

2(a), or on the expiration of the extended period mentioned in sub-

regulation 2(b), the applicant shall be deemed to be licensed.

An apprentice licence shall be granted for a period not Term of validity

exceeding three (3) calendar months, which period may be extended at of licence.

the Authority’s discretion for such further period or periods which

shall not cumulatively exceed nine (9) calendar months

Provided that such licence shall only be extended upon the

Authority receiving written confirmation from the recognised training

institution that the licence holder is still pursuing the course of studies

referred to in paragraph (c) of sub-regulation (1) of regulation 4.

(1) The licence holder of an apprentice tourist guide Apprentice

licence shall only be permitted to guide and/or conduct organised tourist

must be

excursions if accompanied by a mentor.

accompanied by

a mentor.

(2) When the licence holder guides and/or conducts an

organised excursion as referred to in the previous paragraph, the

licence holder shall lead the organised excursion at all times, whilst the

mentor shall only supervise the licence holder.

The Authority may, in consultation with the Minister,

require that the level of training for apprentice tourist guides to be

recognised by the Authority for the purposes of attaining a licence by

applicants in terms of these regulations, be of a higher level

Provided that such requirement shall be published in the

Gazette at least six (6) months before it becomes applicable.

(1) The Authority shall issue an identity document to an

apprentice tourist guide licensed under these regulations. The identity

document shall contain a photograph of the apprentice tourist guide

and such other information as the Authority may deem necessary. This

shall include, inter alia, his name, registration number and term of

validity.

(2) The identity document shall remain the property of the

Authority and shall be returned to the Authority on the suspension or

revocation of a licence issued under these regulations.

(3) An apprentice tourist guide shall at all times, while leading

an organised excursion, wear the identity document in a conspicuous

manner.

(4) Any person making use of any identity document issued to

another person, or who fails to return the identification document

when so requested by the Authority, shall be guilty of an offence

against these regulations.

(1) It shall be the duty of an apprentice tourist guide to

conduct or guide an organised excursion in a professional manner.

(2) An organised excursion shall be conducted in accordance

with the itinerary set by the operator. An apprentice tourist guide may,

after consulting with the mentor, in exceptional circumstances and for

a valid reason, vary the itinerary.

(3) An apprentice tourist guide and their mentor shall, except

when free time is allowed, accompany the organised excursion at all

times.

(4) The Authority may, in consultation with the recognised

training institutions or bodies representing tourist guides, establish

codes of conduct or any other codes in order to ensure the

advancement of quality of services offered by apprentice tourist

guides.

(1)

Operators shall provide apprentice tourist guides and Facilities of

apprentice

mentors with

tourist guide.

(a) free transportation on the vehicle or boat being used

for the conduct of the organised excursion;

(b) a free meal when conducting a whole day organised

excursion or an allowance to be agreed upon when lunch is not

included in the full day tour;

(c) free entry to places of interest during the organised

excursion.

(2) Operators shall, as far as practicable, make arrangements

for an apprentice tourist guide to be called for and left in the vicinity of

his residence at the commencement and termination of an organised

excursion.

(1) Unless having a special permission in writing from Maximum

the Authority, no apprentice tourist guide shall be in charge of a party number

persons to be

of more than fifty-two (52) persons.

guided.

(2) When an organised excursion is undertaken by coach, boat

or other vehicle

(a) only one apprentice tourist guide and one mentor

shall be required for each coach, boat or other vehicle; and

(b) no apprentice tourist guide and mentor shall be in

charge of more than one coach, boat or other vehicle or of more

persons than permitted for an organised excursion undertaken by

such coach, boat or other vehicle.

An operator may engage the services of an apprentice Duration of

tourist guide, as accompanied by their mentor for any of the following organised

excursion.

excursions

(a)

a half-day excursion not exceeding four (4) hours;

(b) a whole day excursion not exceeding eight (8) hours

(inclusive of the time allowed for lunch);

(c)

a night excursion not exceeding five (5) hours; or

(d) an excursion from Malta to Gozo, or vice-versa, not

exceeding nine (9) hours.

(1) In the case of an apprentice tourist guide conducting

an organised excursion from Malta to Gozo or vice versa, where the

return journey on the conclusion of the excursion cannot be made

because of unavailability of transport, the apprentice tourist guide and

the mentor shall be provided with adequate board and lodging for the

overnight stay. The apprentice tourist guide and the mentor shall also

be paid additional remuneration as contracted beforehand between the

apprentice tourist guide, the mentor and the operator, for the overnight

stay.

(2) In the cases referred to in sub-regulation (1), an apprentice

tourist guide who has been engaged for an organised excursion on the

following day and who, because of the overnight stay, cannot honour

his commitment, shall immediately inform the relative operator of the

said event. In such cases, no cancellation fees shall apply.

An organised excursion shall be deemed to start at the time

the apprentice tourist guide is requested to report to commence his

duties and is deemed to end when the last passenger leaves the

organised excursion.

An apprentice tourist guide shall, at no charge and when so

requested by the person engaging his services, submit a detailed

written report on the organised excursion within one week from the

excursion, or within such other longer period as may be agreed with

the operator.

When, in the course of an organised excursion, reasonable

free time is allowed, no apprentice tourist guide and no mentor may

show a preference for any retail outlet, or direct tourists under their

charge to any particular retail outlet.

The licence shall be immediately withdrawn upon the

Authority being informed by the recognised training institution that

the licence holder is no longer pursuing the course of studies referred

to in paragraph (c) of sub-regulation (1) of regulation 4 or for any

other justifiable reason.

(1) Without prejudice to regulation 17, where the

Authority is satisfied that an apprentice tourist guide

(a) behaved in an improper manner not befitting the

duties and responsibilities of an apprentice tourist guide; or

(b) acted in contravention of any of the provisions of the

Act, or of these regulations, or has failed to do something which

he is required to do by the Act or by these regulations; or

(c) been convicted of an offence under the Act or under

these regulations, or of any other offence which in the opinion of

the Authority renders him unfit to continue to act as an

apprentice tourist guide or reflects adversely on the status of an

apprentice tourist guide,

the Authority shall, having regard to the circumstances of the

case, revoke the licence issued to such apprentice tourist guide, giving

such reasons for such revocation of licence.

(2) In the case of any revocation, as is referred to in sub-

regulation (1), such revocation shall be for a period of five (5) years.

(3) Where the licence of an apprentice tourist guide has been

revoked in terms of sub-regulation (1), the apprentice tourist guide

shall not be eligible to apply for any other licence, issued by the

Authority before the lapse of the said period.

Before refusing to grant or renew a licence or before Representations

revoking any licence in accordance with the provisions of the Act and by applicant.

of these regulations, the Authority shall inform the applicant or the

licensee, as the case may be, of its decision and shall give him an

opportunity to lodge an appeal from such a decision in accordance

with the provisions of the Third Schedule to the Act, on payment of the

S.L. 409. 05.

fee set out in the Fees (Tourism) Regulations.

Provided that in the case of any licence withdrawn by the

Authority in terms of regulation 17, the Authority is not required to

inform the applicant prior to withdrawing the said licence. In such

instance, the Authority shall inform the licensee that the licence has

been withdrawn and that he has the right to lodge an appeal from such

a decision in accordance with the provisions of the Third Schedule to

the Act, on payment of the fee set out in the Fees (Tourism) S.L. 409. 05.

Regulations.

(1) Compliance with the provisions of these regulations Fines and

shall be deemed to be a condition to the licence of an apprentice tourist penalties.

guide is subject, irrespective of whether reference to these regulations

is made in the licence itself.

(2) The Authority may grant or renew an apprentice tourist

guide licence as subject to such other requirements, conditions,

limitations and exclusions as the Authority may consider necessary,

appropriate and proportionate in accordance with the Act and its

regulations.

(3) Any person who fails to comply with any of the provisions

of these regulations and/or the requirements, conditions, limitations

and exclusions imposed by the Authority, such person shall be guilty

of an offence, and shall be liable to the fines and penalties as indicated

in articles 43 and 45 of the Act.

€0.72