PERITI WARRANT REGULATIONS *

SUBSIDIARY LEGISLATION 390.03

PERITI WARRANT REGULATIONS *

13th October, 2000

LEGAL NOTICE 210 of 2000, as amended by Legal Notices 257 of 2000,

and 106, 319 of 2010 and 71 of 2017.

The title of these regulations is the Periti Warrant

Regulations.

In these regulations, unless the context otherwise requires -

"Act" means the Periti Act;

"Board" means the Bord tal-Warrant tal-Periti, established by

article 6 of the Act;

"Experience Record Book" means the log-book provided to

candidates applying for a warrant in which is recorded the time and

type of experience they have undertaken;

"lifelong learning" means all general education, vocational

education and training, non-formal education and informal learning

undertaken throughout life, resulting in an improvement in knowledge,

skills and competences, which may include professional ethics;

"supervision" has the same meaning as is assigned to it in article

3(2)(d)(ii) of the Act;

"warrant" and "warrant holder" have the same meaning as is

assigned to them in article 5 of the Act.

(1) The Board shall acknowledge the receipt of every

application as soon as possible and in any case not later than fifteen

days from date of the receipt of the application

Provided that applications for a warrant may also be

submitted by electronic means on a form approved by the Board.

(2) In the event that for any reason, the application for the issue

of a warrant is incomplete, the Board shall inform the applicant and

ask him to submit all the additional documentation necessary for

the application to be processed, together with the consequences

which ensue, should the applicant delay in providing the said

documentation.

(3) If an application for the issue of a warrant is rejected,

be c a u s e i t f a i ls t o co m p ly wi t h t he r e q u ir e d pr o c e d u re s or

formalities, the Board shall, as soon as possible, inform the

applicant in writing, stating the reasons for its decision.

*Repealed by Article 30 of Act XIII of 2021 (Cap. 622).

(1) The Board shall complete the procedure for examining

the application for the issue of a warrant as early as possible. The

Board shall give its reasoned decision within three months from the

date on which the complete application is received and all the

additional documentation requested is submitted to it.

(2) The Board may extend the original period of three months

referred to in sub-regulation (1), once only, for a further period of

one month.

(3) In providing for an extension, the Board shall give reasons

for the extension and shall notify the applicant of the extension and

of the said reasons prior to the expiry of the original period of three

months.

(4) In the event that the Board does not give its decision on the

application for the issue of a warrant within the period stipulated in

sub-regulations (1) and (2), this shall not imply tacit approval of

the application, in that it shall be deemed as refused on grounds of

public interest.

The acknowledgement referred to in regulation 2A shall

specify

(a) the time period within which the application shall be

processed;

(b) the available means of redress; and

(c) a statement that in the absence of a response within the

specified time period, the authorisation shall not be

deemed to have been granted.

(1) Decisions of the Board shall be subject to appeal

before the Administrative Review Tribunal, established by article

5(1) of the Administrative Justice Act.

(2) Unless otherwise provided by the Administrative Justice

Act or any regulations made thereunder, an appeal from the

decision of the Board shall be made by application and shall be

filed in the Registry of the Administrative Review Tribunal within

twenty days from the date on which said decision has been notified

to the applicant.

(1) Without prejudice to the Mutual Recognition

Qualifications Act, and notwithstanding the provisions of articles 3

and 4 of the Periti Act, any person established in another Member

State may practise the profession in Malta on a temporary and

occasional basis subject to further requirements as may be provided

under these regulations, provided that such person

(a) is legally established in another Member State for the

purpose of pursuing the profession in that Member

State; and

(b) has pursued the profession for at least one year during

the ten years immediately preceding the provision of

services where the profession is not regulated in that

Member State.

(2) Persons referred to in sub-regulation (1) shall inform the

Board by means of a written declaration to be made in advance

which shall include the following

(a) the details of an insurance cover or other means of

personal or collective protection relative to

professional liability. Such declaration shall be made

once a year if the applicant intends to provide

temporary or occasional services during the year;

(b) proof of the nationality of the applicant;

(c) an attestation certifying that the warrant holder is

legally established in a Member State for the purpose

of pursuing the activities concerned and that he is not

prohibited from practising the profession even

temporarily, at the moment of delivering the

attestations;

(d) evidence of professional and academic qualifications;

and

(e) where applicable, any means of proof that the

applicant has pursued the profession for at least one

year during the previous ten years immediately

preceding the provision of services.

(3) Where the Board, in exercising its authority under this

regulation, deems that there is a substantial difference between the

professional qualifications of the applicant and the academic

qualifications required under article 3(2)(d)(i) of the Periti Act, to

the extent that the difference is such as to be harmful to public

health or safety, and that it cannot be compensated by the applicant’s

professional experience or knowledge, skills and competences

acquired through lifelong learning formally validated to that end by a

relevant body, the Board shall give the applicant the opportunity to

show, in particular by means of an aptitude test, that he has

acquired the knowledge or competence which he lacks.

(4) The Board shall assess whether a provider is exercising his

freedom to provide services within the meaning of this regulation

and Article 49 of the Treaty establishing the European Community,

or is an establishment case, on a case-by-case basis and in

conformity with Community law and rulings of the European Court

of Justice.

(5) No later than one month after receipt of the declaration and

accompanying documents, referred to in sub-regulation (2), the

Board shall inform the applicant of its decision

(a) not to check his professional qualifications; or

(b) having checked his professional qualifications, to

either require the applicant to take an aptitude test or

to allow the provision of services.

Where there is a difficulty which would result in delay

in taking a decision under paragraph (b), the Board

shall notify the applicant of the reason for the delay

within the same deadline. The difficulty shall be

solved within one month of that notification and the

decision finalised within two months of resolution of

the difficulty. In the absence of a decision by the

Board within the said deadlines, the services falling

under this regulation may be provided.

(6) A person exercising the profession under this regulation

shall be deemed to be a warrant holder and the provisions of the

Periti Act, and of any other law shall apply to him in the same

manner and to the same extent as with any other warrant holder.

An applicant for a warrant shall be deemed to have

satisfied the requirement for supervised practised training if it can

be shown that the specified minimum number of hours have been

engaged in the specified activities defined in the Experience

Record Book, subject to the minimum period of practical training

provided for in article 3(2)(d)(ii) of the Act under the supervision

of a warranted Perit, who has held the warrant for a minimum of

five years.

(1) Every applicant for a warrant shall submit an

Experience Record Book to be attached to his letter of application.

(2) The Experience Record Book shall be made available to

applicants from the offices of the Board or via electronic means.

(3) The information in the Experience Record Book shall be

provided by the applicant and endorsed by the supervising warrant

holders so as to evidence the completeness of the practical training.

(4) The Experience Record Book shall be considered as a

public document.

(1) An applicant for the grant of a warrant shall sit for an

oral examination before the Board or a committee appointed for

this purpose by the said Board in terms of article 7(2) of the Act.

(2) This oral examination shall include questions relating to the

information contained in the Experience Record Book with respect

to the experience acquired by the applicant, both in the design and

in the supervision of works, and may include questions related to

procedures and building techniques used in Malta, as well as the

a p p l i c a n t ’s k n o w l e d g e o f p l a n n i n g i s s u e s , p r o c e d u r e s a n d

regulations, professional ethics and other aspects of the applicant’s

professional practice.

(1) The Board, or the committee appointed in terms of

regulation 5(1), shall in any event have the right to interview the

supervising warrant holder on any matter reported in the

Experience Record Book referred to in regulation 4(2).

(2) Failure of the supervising warrant holder to attend such

interview, or failure of the said supervising warrant holder to

satisfy the Board on any matter mentioned in the Experience

Record Book, may lead to a refusal by the Board of any application

for the issue of a warrant.

In the event that for any reason an application for the issue

of a warrant shall have been refused by the Board, the applicant

may re-apply for the issue of a warrant not earlier than such time as

shall have been stipulated by the Board in the applicant’s regard,

which time shall in no case exceed the period of training

established by law in respect of such applicant.

The Board shall keep a brief record of the proceedings of

any examination.

An applicant for the warrant who is to sit for the said oral

examination may opt that the examination be held either in the

Maltese or in the English language.

(1) These regulations shall not apply to applicants who

have obtained the academic qualifications referred to in regulation

3 prior to the 1st January, 2000.

(2) Applicants referred to in sub-regulation (1) shall be deemed

to satisfy the provisions of article 3(2)(d)(ii) of the Periti Act if for

the p eriod th erein referred to, he shal l hav e trai ned w ith a

practising warrant holder and a certificate by the warrant holder or

warrant holders with whom such training is undertaken, to the

effect that the applicant has so trained, shall be sufficient proof of

such training.