Validation of Non-Formal and Informal Learning Regulations, 2025

L.N. 264 of 2025

FURTHER AND HIGHER EDUCATION ACT

(CAP. 607)

Validation of Non-Formal and Informal Learning Regulations, 2025

IN EXERCISE of the powers conferred by article 25 of the

Further and Higher Education Act, the Minister responsible for

education, has made the following regulations:-

(1) The title of these regulations is the Validation of Non- Citation and

commencement.

Formal and Informal Learning Regulations, 2025.

(2)

These regulations shall come into force on 1st Janaury

2026.

In these regulations, unless the context otherwise requires

Interpretation.

"accreditation" shall have the same meaning assigned to it

by article 2 of the Act;

"Act" means the Further and Higher Education Act;

"Authority" means the Malta Further and Higher Education

Authority established by article 3 of the Act;

"award" means the title of certification of learning achieved

through programmes with less than the required number of

credits at the specific Malta Qualifications Framework level to

be considered a qualification;

"entity" means an entity licensed by the competent

authority to offer formal and non-formal learning;

"informal learning" shall have the same meaning assigned

to it by article 2 of the Act;

"lifelong learning" shall have the same meaning assigned to

it by article 2 of the Act;

"Malta Qualifications Framework" shall have the same

meaning assigned to it by article 2 of the Act;

"Minister" means the Minister responsible for education;

"National Skills Council" means the National Skills

Council established by article 4 of the National Skills Council

(Establishment) Order;

"non-formal learning" shall have the same meaning

assigned to it by article 2 of the Act;

"occupational standards" means standards which describe

the knowledge, skills and competences an individual in a

particular occupation should possess to be formally recognised

as competent for the purpose of a given occupation;

"qualification" shall have the same meaning assigned to it

by article 2 of the Act;

"Sector Skills Committee" means the committee

established by regulation 5 to provide strategic guidance on the

validation of non-formal and informal learning;

"Sector Skills Unit" means an industry-focused unit

established by the National Skills Council that develops

occupational standards with the purpose of improving the skills

of the work force;

"Validation Assessment Centre" means an entity licenced

by the Authority to validate non-formal and informal learning;

"validation of non-formal and informal learning" means a

process which identifies, assesses and formally certifies the

knowledge, skills and competences which individuals develop

throughout their lives by means of participation in non-formal

and informal learning.

The scope of these regulations is to provide a regulatory

framework for the validation of non-formal and informal learning and

for the granting of validation awards classified within the Malta

Qualifications Framework in accordance with the types of awards

established within the said framework.

(1) The National Skills Council shall be the competent

body responsible for the validation of non-formal and informal

learning whilst the Authority shall be the competent authority to

classify such validation at a level of the Malta Qualifications

Framework.

(2) For the purpose of sub-regulation (1), the National Skills

Council shall establish such structures and shall have such functions

and powers as provided in these regulations.

(3) Without prejudice to the powers of the Minister in

accordance with the Act, the National Skills Council and the Authority

shall have such power and authority as may be required for the proper

performance of any and all of their functions in accordance with these

regulations.

(1) The National Skills Council shall establish a Sector Sector Skills

Skills Committee, with the approval of the Minister for a period not Committee.

exceeding three (3) years and each member of such committee shall be

eligible for re-appointment.

(2) The Sector Skills Committee shall be composed of the

following

(a) the Chairperson of the National Skills Council or his

representative;

(b)

one (1) member from the Authority;

(c)

one (1) member representing industry in general;

(d) one (1) member representing education and training

in general;

(e)

one (1) member representing employers;

(f) one (1) member representing employees, nominated

by the Malta Council for Economic and Social Development

established by article 3 of the Malta Council for Economic and Cap. 431.

Social Development Act;

(g)

one (1) member representing Validation Assessment

Centres;

(h) up to a maximum of two (2) additional members, at

the discretion of the Minister, who may contribute to the work of

the Sector Skills Committee.

(3) The Sector Skills Committee shall formulate and develop

the following

(a) the policies and procedures to govern the Sector

Skills Units;

(b) the criteria and standards for the validation of non-

formal and informal learning;

(c) the guidelines for the assessment of skills and

competences for the purpose of the granting of awards by the

Validation Assessment Centres;

(d) contribute to the development of guidelines for

quality assurance of non-formal learning together with the

Authority; and

(e) occupational standards relevant to particular or

multiple economic sectors

Provided that the instruments developed by the Sector

Skills Committee in accordance with this sub-regulation shall be

adopted by the Authority to enable their enforcement in accordance

with these regulations.

(4) In the formulation, development and adoption of

occupational standards as provided in sub-regulation (3), the Sector

Skills Committee, the National Skills Council and the Authority shall

have due regard to the use of occupational standards in enhancing

curriculum development, specifying competences which workers need

to possess, assisting in certifying workers, creating a framework to

enable employers to carry out skills audits, directing professional

development within the workforce, setting quality standards across or

within sectors and occupations, facilitating the validation of non-

formal and informal learning, enabling Government to determine skills

capacity at a national level and promoting the mobility of workers

across national borders.

(5) Without prejudice to its specific competences established in

accordance with these regulations, the Sector Skills Committee shall

have the following functions and responsibilities

(a) to generally advise the National Skills Council and

the Authority on all matters related to the validation of non-

formal and informal learning;

(b) to promote the benefits of validation of non-formal

and informal learning in Malta.

(6) The Sector Skills Committee shall meet as often as

necessary and the quorum shall be four (4) members, including the

Chairperson or his representative.

(7) In the absence of consensus, decisions of the Sector Skills

Committee shall be taken by a majority of votes of the members

present and voting. In the case of an equality of votes, the Chairperson

shall have a casting vote.

(8)

Any vacancy among members of the Sector Skills

Committee shall not invalidate the proceedings of the Committee.

(9) The Sector Skills Committee shall compile and send to the

National Skills Council, by not later than four (4) weeks from the end

of each financial year, an annual report on its activities during that

year, including the policies, functions and future plans of the Sector

Skills Committee. Such report shall be integrated with the annual

report to be compiled and sent by the National Skills Council to the

Minister in accordance with article 12 of the National Skills Council S.L. 605.10.

(Establishment) Order.

(1) The National Skills Council shall from time to time, Sector Skills

on the advice of the Sector Skills Committee and in accordance with Units.

these regulations, establish Sector Skills Units, the members of which

shall be appointed by the National Skills Council with the approval of

the Minister.

(2)

The Sector Skills Units shall be composed of the following

(a)

a Chairperson;

(b) two (2) members from the private sector representing

the respective economic sector;

(c) two (2) members representing education and training

institutions, representing the public and the private sector;

(d) one (1) member representing a government authority

or department responsible for the policy development associated

with the relevant sector;

(e) one (1) member appointed

by

workers’

representatives within the relevant sector; and

(f) up to a maximum of four (4) additional members, at

the discretion of the Minister, who may contribute to the work of

the Sector Skills Units

Provided that failure to appoint any member shall not

invalidate the working of the Sector Skills Units.

(3) The Sector Skills Units shall be under the direct

responsibility of the Sector Skills Committee and shall apply the

established instruments.

(4)

The Sector Skills Units shall have the following objectives

(a)

to

ensure

the

consistency

and

relevance

of

occupational standards;

(b) to reduce skills gaps and skills shortages by

facilitating the validation of non-formal and informal learning;

(c) to improve learning opportunities and to ensure the

recognition and certification of skills and competences.

(5) Sector Skills Units shall have the following functions and

responsibilities

(a) to develop and propose to the Sector Skills

Committee occupational standards relevant to their respective

sector;

(b) to develop and propose to the Sector Skills

Committee guidelines and mechanisms for the validation of non-

formal and informal learning for all skills within their respective

sector;

(c) to develop and maintain a sectoral qualifications

framework referenced to the Malta Qualifications Framework, in

agreement with the Authority;

(d) to provide guidance to persons submitting their

documented experiences for validation;

(e) to approve assessments and testing methods for the

validation of non-formal and informal learning;

(f) to contribute to audits launched by the Authority from

time to time, of all assessment processes and results achieved

thereby;

(g) to advise on, and promote the benefits of validation of

non-formal and informal learning in their respective sector;

(h) to advise the Sector Skills Committee on the state,

operation, needs and prospects of the sector from an education

and training perspective; and

(i) to compile and send to the Sector Skills Committee,

by the end of each financial year, an annual report on its

activities during that year, including the policies, functions and

future plans of the respective Sector Skills Unit.

(6)

Members of the Sector Skills Units shall be appointed for a

period not exceeding three (3) years and shall be eligible for re-

appointment.

(7) Each Sectors Skills Unit shall meet as often as necessary

and the quorum shall be of four (4) members, including the

Chairperson.

(8) In the absence of consensus, decisions of the Sector Skills

Units shall be taken by a majority of votes of the members present and

voting. In the case of an equality of votes, the Chairperson shall have a

casting vote.

(9) Any vacancy among members of the Sector Skills Units

shall not invalidate the proceedings of the Units.

(10) The National Skills Council shall appoint one (1) or more

coordinators who shall be responsible for the day-to-day management

of the Sector Skills Units and to provide appropriate support for their

meetings and to implement any decisions taken.

(1) The Authority shall maintain and publish an updated Register.

register of entities providing non-formal learning activities and of non-

formal learning awards, in accordance with article 3(3)(j) of the Act.

(2) Any entity providing non-formal learning may apply to the

Authority to be listed in the register referred to in sub-regulation (1).

The listing of any entity on such register shall be valid for a period not

exceeding three (3) years, subject to renewal in accordance with

guidelines issued by the Authority.

(3) Entities listed in the register referred to in sub-regulation

(1) shall apply to the Authority for their awards to be validated and for

an award to be classified by the Authority at a level of the Malta

Qualifications Framework.

(4) The listing, or the renewal thereof, of an entity and the

awards it grants, in the register referred to in sub-regulation (1) shall

be subject to such requirements, conditions, limitations and exclusions

as the Sector Skills Committee, with the approval of the Authority,

may consider necessary, appropriate and proportionate in accordance

with these regulations.

(5) The Authority shall, on the advice of the Sector Skills

Committee, establish the criteria for the listing of a entity and its

awards on the register referred to in sub-regulation (1), which criteria

shall include provisions relating to the quality of the non-formal

learning activities provided.

(6) Entities are to keep appropriate records of individuals

making use of their non-formal learning activities and who were issued

non-formal learning awards. The National Skills Council and the

Authority may request any such data for statistical, monitoring and

auditing purposes.

(7) The Authority may, on the advice of the Sector Skills

Committee, restrict, suspend or revoke the listing of an entity from the

register referred to in sub-regulation (1) where it is apparent to the

Authority that the non-formal learning activities provided by it, or the

quality of the provision of such activities, substantially differ from that

evidenced by it at the time of the listing.

(8) The register referred to in sub-regulation (1) shall stipulate

the name of the entity, the type of non-formal learning activities

provided by the entity and the awards conferred by the same entity.

(9) All entities listed in the register shall comply with the

provisions of these regulations and the requirements, conditions,

limitations and exclusions issued by the Authority and the National

Skills Council, on the advice of the Sector Skills Committee, from

time to time.

(10) Any entity listed in the register that fails to comply with

these regulations or guidelines issued shall be liable to have their

licence revoked

Provided that prior to imposing such revocation, the

Authority shall allow for a period of time for the entity to comply with

sub-regulation (8), during which time the Authority may restrict the

operations of the entity concerned in accordance with sub-regulation

(6)

Provided further that if the Authority deems that immediate

revocation is in the best interest of the general public, it may revoke

the license immediately.

(1) Persons who have undertaken non-formal or informal

learning for at least two (2) years or as established by the Sector Skills

Committee for a specific occupation within an economic sector, may

apply to the Validation Assessment Centres to have their prior non-

formal or informal learning experience validated in accordance with

the process provided in this regulation.

(2) The validation process undertaken for the purpose of the

validation of an individual’s prior non-formal or informal learning

experience shall be voluntary, provide equal access and equal and fair

treatment to each individual, respect the rights of the individual, be

transparent and be based on the principle of quality assurance.

(3) Any individual may apply for validation of prior non-

formal or informal learning, hereinafter referred to as a "candidate".

(4) Upon application, the Sector Skills Unit shall provide

candidates with all necessary information.

(5) The Sector Skills Committee shall establish, with the

approval of the Authority, the format of a portfolio to be given by

candidates for the validation of skills and competences, which

portfolio shall document and provide evidence of all the experiences of

the candidate relevant to the validation being sought.

(6) The Sector Skills Committee shall establish, with the

approval of the Authority, the procedures, methods and tools to be

applied by the Validation Assessment Centres for the assessment of

candidates in the validation process.

(7) Assessment procedures, methods and tools established in

accordance with sub-regulation (6) shall make provision for

candidates’ technical, professional, personal competences or social

competences.

(8) Assessment procedures established in accordance with sub-

regulation (6) shall take into consideration criteria stipulated in

occupational standards published on the National Skills Council’s

website and shall be undertaken by qualified assessors.

(9) Assessment methods and tools established in accordance

with sub-regulation (6) shall be based on the criteria of validity of the

tool, reliability of results, fairness and fitness for purpose.

(10) A combination of the following assessment methods shall

be applied by the Validation Assessment Centres for the purpose of the

assessment referred to in sub-regulation (6)

Provided that the Authority may direct the Validation

Assessment Centre to use specific assessment methods

Provided further that the following list of assessment

methods is not exhaustive

(a) debate or interview, where candidates demonstrate

the depth of their knowledge and communication and social

skills;

(b)

declarative methods, where candidates demonstrate

critical reflection, while making evidence-based statements

about their competences;

(c) portfolio of evidence, in which candidates undertake

a self-assessment and document evidence of own competences

and achievements, including assessments by third parties;

(d) observation, where candidates’ behaviour is

observed, which may take place either through a simulated or a

real-life work scenario; or

(e) tests

and

examinations,

where

candidates

demonstrate, orally or in writing, their competences on a specific

subject.

(11) The assessment of candidates shall be undertaken by

assessors who shall be validation practitioners approved by the

Authority. Assessors shall be individuals trained in assessment and

validation, who are tasked with judging candidates in order to

determine whether specific assessment criteria are met. Assessors shall

have knowledge of the specific sector concerned, of the validation

process and of the assessment methods used. Assessors shall not have

any personal interest in the validation outcomes.

(1) The validation referred to in regulation 9 shall be

given by means of an award conferred upon a candidate by the

Validation Assessment Centre, for the granting of that award and for

the classification of the award at a specific level of the Malta

Qualifications Framework

Provided that the Authority shall not authorise the

conferring of such award upon any person at any level higher than

Level 5 of the Malta Qualifications Framework, which Framework is

established in accordance with the Malta Qualifications Framework

for Lifelong Learning Regulations.

(2) Awards conferred by the Validation Assessment Centres in

accordance with this regulation shall have the same value as nationally

accredited qualifications classified at the same level of the Malta

Qualifications Framework.

(3) Awards conferred by the Validation Assessment Centres in

accordance with this regulation shall stipulate the name of the

individual upon whom the award is conferred, the awarding entity, the

type of award conferred, the date of conferral of the award, the expiry

date, if applicable, and a declaration that the award was granted

through the validation process.

(4) Awards conferred by the Validation Assessment Centres in

accordance with this regulation shall be accompanied by an award

supplement, to be drafted in accordance with the requirements of the

Sector Skills Committee, as authorised by the Authority. The award

supplement shall contain details about the knowledge, skills and

competences of the individual upon whom the award is conferred.

(1) There shall be a Sector Skills Appeals Board, Appeals.

hereinafter referred to as the Appeals Board to which any person or

entity may appeal if aggrieved by any decision taken by the Authority

with respect to the validation of non-formal and informal learning in

accordance with these regulations.

(2) Any appeal referred to in sub-regulation (1) shall be filed in

the Registry of the Appeals Board within ten (10) days from the date

when the decision is communicated to the person or entity so

aggrieved.

(3) The Appeals Board shall consist of an independent

Chairperson and two (2) independent members who shall be appointed

by the Minister from among persons of known integrity who appear to

him to be qualified by reason of having had experience of and shown

capacity in, matters deemed appropriate for such purpose

Provided that one (1) of the members of the Appeals Board

shall also act as Secretary to the Appeals Board, with the right to vote.

(4) A member of the Appeals Board shall abstain and may be

challenged in such circumstances as would disqualify a judge in terms

of Sub-title II of Title II of Book Third of the Code of Organization Cap. 12.

and Civil Procedure. In any such case the member shall be substituted

by another person appointed for such purpose by the Minister.

(5) The members of the Appeals Board shall hold office for a

period of three (3) years, and shall be eligible for re-appointment.

(6) A member of the Appeals Board may be removed from

office by the Minister on grounds of gross negligence, conflict of

interest, incompetence, or acts or omissions unbecoming a member of

the Board.

(7) The decisions of the Appeals Board shall be final except

with respect to points of law decided by the Appeals Board, from

which an appeal shall lie within twenty (20) days to the Court of

Appeal (Inferior Jurisdiction). The judge shall have the right to decide

in camera that such appeal is frivolous or vexatious following the

closing of the stage of written submissions. Such an appeal shall also

be regulated by rules of court made under article 29 of the Code of Cap. 12.

Organization and Civil Procedure.

(1) The Validation of Non-Formal and Informal Learning

Regulations are hereby repealed without any prejudice to anything

done or omitted to be done thereunder.

(2) Any authorisation, direction, decision or order granted or

made under the Validation of Non-Formal and Informal Learning

Regulations and which is still in force immediately before the coming

into force of these regulations, shall remain in force thereafter as if it

were an authorisation, direction, decision or order granted or made

under a corresponding provision of these regulations, and any such

authorisation, direction, decision or order as aforesaid shall be treated

and regulated accordingly, unless otherwise provided in these

regulations.

€1.08