TOURIST GUIDES REGULATIONS

SUBSIDIARY LEGISLATION 409.12

TOURIST GUIDES REGULATIONS

14th May, 2010

LEGAL NOTICE 288 of 2010, as amended by Legal Notices 426 of 2012,

161 of 2013 and 270 of 2016.

The title of these regulations is the Tourist Guides

Regulations.

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP 409)

Tourist Guide Licence

Mr/Mrs/Miss ........................................................................................................

This is to certify that the above-mentioned person .................................................

of .............................................................................................................................

is hereby licensed to act as a tourist guide in

(a) the following languages;

(b) in the special designated locations

in accordance with the provisions of the Malta Travel and Tourism Services Act

(Cap. 409).

This licence expires on the 31st December ..........................

PHOTO OF

LICENSEE

Date: ....................................... Registration/Licence No.: ..............................

Signed: ......................................................

on behalf of the Malta Tourism Authority

In these regulations, unless the context otherwise requires -

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

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

operator" and "tourist guide" have the same meaning as given to

them in the Act;

"identity document" means the identity document issued by the

Authority in terms of regulation 6;

"operator" means organised excursion operator;

"register of tourist guides" means the register kept by the

Authority in terms of regulation 3;

"special designated location" means any one of the places shown

in the Second Schedule;

"temporary service provider" means any person, other than a

licence holder, seeking to act or provide services as a tourist guide

on a temporary and occasional basis in Malta.

Special Designated Locations

All prehistoric sites

All museums and museum sites

All places of worship currently or formerly used as such

Calypso’s cave and Dwejra in Gozo

All fortifications of any period currently or formerly used as such

Walled cities except walk-throughs

All UNESCO Heritage Sites which include the Hypogeum, {gantija Temples, Ta’

}a[rat, Skorba, }a[ar Qim, Tarxien Temples and Valletta

(1) No person shall act or provide services as a tourist

guide, or use the title "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 tourist guides. Such

register shall be made public by the Authority.

(3)

Any person who, to the satisfaction of the Authority -

(a) possesses any relevant qualification to act as tourist

guide in Malta; or

(b) demonstrates that he has the practical and theoretical

competencies and experience deemed and recognised

to be equivalent to paragraph (a) by the Authority;

(c) is at least eighteen years of age; and

(d) is of a good character standing and is a fit and proper

person to act as a tourist guide,

shall be entitled to be licensed as a tourist guide and be enrolled in

the said register of tourist guides

Provided that access to and pursuit of the profession, as

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

who have pursued the profession referred to in that sub-regulation

on a full-time basis for one year during the previous ten years in

another Member State which does not regulate that profession,

provided they possess one or more attestations of competence or

documents providing evidence of formal qualifications.

(4) An application for a licence to act as a tourist guide shall be

made to the Authority and shall be accompanied by

(a) a copy of the applicant’s legally valid identification

document or passport;

(b) a recent certificate of conduct of the applicant;

(c) a certificate or diploma proving successful completion

of a qualification programme for tourist guides at least

at Level 5 of the National Qualifications Framework

attained from a training institution recognised by the

Authority, provided that, for the purposes of sub-

regulation (7), this regulation shall come into force

within six months of the publication of these

regulations * , or equivalent; or

(d) proof of competence equivalent to the successful

completion of a training programme under paragraph

(c), attested by a pass in practical and theoretical

assessments, which shall be written and oral and being

set for the purpose by the Authority, or by any other

person on its behalf, from time to time

Provided that where the Authority considers that the

equivalence of the qualification certificate or diploma

required under paragraph (c) is only partial, it shall be

possible for the applicant to prove his competence in

the areas where it is deemed to be lacking by means of

any assessment set by the Authority under paragraph

(d);

(e) an application fee of twenty-five euro payable to the

Authority.

(5) Any person who, on the coming into force of these

regulations, holds a valid licence issued by the Authority to act as a

tourist guide shall be deemed to be licensed for the purposes of this

regulation.

(6) A licence issued or recognised as valid under this

regulation shall remain valid for two years from the date of issue

and shall be renewed by the Authority subject to the Authority’s

satisfaction of the continued compliance with these regulations by

the licence holder.

(7) For the purposes of sub-regulation (4)(c), and with the aim

of enhancing the quality of tourist guiding services in Malta in line

with Government policy, the Authority may, in consultation with

the Minister, require that the level of training for tourist guides to

be recognised by the Authority for the purposes of attaining a

licence by applicants in terms of this regulation, be of a higher

*refers to Legal Notice 161 of 2013, published om 21st June, 2013.

level

Provided that such requirement shall be published in the

Gazette at least six months before it becomes applicable.

(8) Licenced tourist guides shall be required by the Authority

to undergo continued professional development training during

their licence term.

(9) The Authority shall from time to time establish what

training courses, content and number of hours shall qualify as

continued professional development training for the purpose of

sub-regulation (8).

(10) The Authority may, from time to time, organise such

courses, seminars or other activities, for the continuing

professional development of tourist guides.

(11) The Authority may suspend the licence of tourist guides

who fail to undergo the continued professional development

training in terms of sub-regulation (8).

(1) No person shall act as a tourist guide in special

designated locations unless he is licenced in terms of regulation 3

and he is in possession of a specific licence issued by the Authority

to act as a tourist guide in special designated locations in terms of

this regulation.

(2) A person shall qualify for a licence to act as a tourist guide

in special designated locations in terms of this regulation if he

demonstrates, to the satisfaction of the Authority, that he possesses

specific skills and knowledge on the cultural and natural heritage as

well as the environment of the relevant specific designated location

or locations for which the application is being made.

(3) For the purposes of sub-regulation (2), the Authority shall

consider the level of outcome attained by the applicant in the

certificate or diploma referred to under regulation 3(4)(c) or in the

assessments referred to in regulation 3(4)(d), or their equivalent, in

the parts that are relevant to any specific designated location for

which a specific licence is being applied for in terms of this

regulation.

(4) Any person who, on the coming into force of these

regulations, is licensed as a tourist guide for any or all special

designated locations by the Authority, shall be deemed to be

licensed as a tourist guide under these regulations for the special

designated locations to which the licence was given.

(5) A licence issued under this regulation may either be in

relation to all special designated locations or to any or more of

them.

(6) A licence issued under this regulation shall be in the form

set out in the First Schedule and shall be valid for two years from

the date of issue and shall be renewed by the Authority subject to

the continued compliance with these regulations.

(1) An application for a licence under these regulations

shall be made to the Authority on the forms provided by the

Authority for the purpose.

(2) The Authority shall, without delay, acknowledge receipt of

an application for a licence to the applicant and shall specify

(a) the periods mentioned in sub-regulations (3) and (4)

within which the Authority shall determine the

outcome of the application;

(b) the procedure under which a refusal by the Authority

to issue a licence to the applicant may be appealed by

the latter in terms of the provisions of the Third

Schedule to the Act, on payment of the fee set out in

the Fees (Tourism) Regulations;

(c) that the applicant shall be deemed to be licensed in the

event the Authority does not determine an application

within the periods mentioned in sub-regulations (4)

and (5).

(3) 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 form

Provided that an application shall not be deemed to be

complete unless the Authority has received all the documentation

required to be submitted under regulation 3 or regulation 4 together

with the required completed application form.

(4) The Authority shall determine whether to issue a licence to

an applicant within sixty days from the date of receipt of a

complete application.

(5) The period mentioned in sub-regulation (4) may, prior to its

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

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

notified to the applicant without delay.

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

application on the expiration of the period referred to in

subregulation (4), or on the expiration of the extended period

mentioned in sub-regulation (5), the applicant shall be deemed to

be licensed.

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

tourist guide licensed under these regulations. The identity

document shall contain a photograph of the tourist guide and such

other information as the Authority may deem necessary. This shall

include, inter alia, his name, registration number, term of validity,

and the special designated locations for which the tourist guide is

licensed.

(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) A tourist guide shall, at all times, while guiding or

conducting 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) A temporary services provider shall not be prohibited

from providing tourist guiding services on a temporary and

occasional basis in Malta, insofar as the temporary service

provider

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

purposes of providing tourist guiding services

Provided that where the provision of tourist guiding

services, or the practical and theoretical training

leading to the qualification as a tourist guide is not

regulated in the Member State where he is legally

established, the temporary service provider shall not

be prohibited from providing temporary and

occasional services in Malta as a tourist guide if he has

provided such services in the Member State where he

is legally established for at least one year during the

ten years preceding the provision of same services on a

temporary and occasional basis in Malta;

(b) has the necessary knowledge of the language or

languages necessary for providing tourist guiding

services in Malta; and

(c) has submitted to the Authority a written declaration

and the documentation provided for in sub-regulations

(3) and (4).

(2) The determination of whether tourist guiding services are

being provided on a temporary and occasional basis in Malta shall

be assessed by the Authority on a case by case basis, taking into

account all relevant circumstances, including but not limited to,

f r e q u e n c y, r e g u l a r i t y, a n d c o n t i n u i t y, i n c o n f o r m i t y w i t h

Community law.

(3) A temporary service provider shall, prior to the date of

commencement of the provision of tourist guiding services in

Malta on a temporary and occasional basis, submit to the Authority

a written declaration in such a form established by the Authority

for the purpose, setting out the following information

(a) the full name of the temporary service provider;

(b) the full legal address of the temporary services

provider;

(c) if applicable, the name and details of the national or

regional register in which the service provider is

enrolled, his registration number, or any equivalent

means of identification contained in that register;

(d) the details of any professional association or similar

body with which the temporary service provider is

registered or is a member thereof; and

(e) the professional title or designation used, or in the

event that such title or designation does not exist, the

formal qualification of the temporary service provider

which entitles him to act as a tourist guide in the

Member State of his establishment, and the Member

State in which it was awarded.

(4) In addition to the written declaration mentioned in sub-

regulation (3), the temporary service provider shall submit to the

Authority the following documents

(a) evidence of his nationality;

(b) an attestation from the relevant competent authority in

the Member State of his establishment that he is

legally established in that Member State for the

purposes of pursuing tourist guiding services and that

he is not prohibited, even temporarily from providing

such services;

(c) in the situation mentioned in the proviso to regulation

7(1)(a), evidence that the temporary service provider

has provided tourist guiding services for at least one

year during the previous ten years;

(d) evidence of the formal qualification which entitles him

to act as a tourist guide in the Member State of his

establishment.

(5) Where, due to a material change in the status of the

temporary service provider, the written declaration and the

documents submitted with the declaration to the Authority no

longer effect such status, the temporary service provider shall

submit to the Authority an updated written declaration or the

documents reflecting such change in status within fifteen days from

the date when such change occurred.

(6) Where a temporary service provider wishes to provide

tourist guiding services in the calendar year immediately following

the year in which the written declaration has been filed or re-filed,

as the case may be, such written declaration shall be renewed by

the temporary service provider

Provided that, in any case, a new written declaration shall

be submitted prior to the commencement of the provision of tourist

guiding services in Malta in that particular year.

(7)

(a) A temporary service provider shall, when providing

tourist guide services in Malta on a temporary and

occasional basis, be entitled to use the professional

title or designation, and wear such identification as if

he was providing services in the Member State in

which he is legally established. The identity document

shall include the name and address of the relevant

licencing authority.

(b) The professional title or designation shall be indicated

in the official language or one of the official languages

of the Member State where the temporary service

provider is legally established.

(c) Where no professional title or designation is used in

the Member State in which the temporary service

provider is legally established, he shall indicate his

formal qualification in the official language or one of

the official languages of that Member State.

(8) The Authority shall enter the name and title of temporary

service providers who have made written declarations to the

Authority to provide tourist guiding services in Malta during any

current year, in terms of this regulation in a section of the register

referred to in regulation 3 designated for the purpose.

(9) Submission of the required declaration by a temporary

service provider in accordance with sub-regulation (3) shall entitle

that temporary service provider to have access to provide tourist

guiding services in the entire territory of Malta.

(10) The Authority shall ensure that any controls on the

language competency of a temporary service provider are limited to

the knowledge of one official language of Malta, and only carried

out after recognition of the professional qualifications of the

temporary service provider. Controls may be imposed by the

Authority in cases where there is a serious and concrete doubt

about the sufficiency of the temporary service provider’s language

knowledge in respect of the tourist guiding services the temporary

service provider intends to pursue. Any language controls shall be

proportionate to the activity to be pursued, and shall be subject to

appeal in accordance with the provisions of the Third Schedule to

the Act, on payment of the fee set out in the Fees (Tourism)

Regulations.

(1) It shall be the duty of a 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. A tourist guide may, in

exceptional circumstances and for a valid reason, vary the itinerary.

(3) A tourist guide shall, except when free time is allowed,

accompany the organised excursion at all times.

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

professional body or bodies representing tourist guides, establish

co des o f condu ct or any other cod es in order to ensure t he

advancement of quality of services offered by tourist guides.

(1)

Operators shall provide tourist guides with

(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 a 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 the

Authority, no tourist guide shall be in charge of a party of more

than fifty-two persons.

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

or other vehicle -

(a) only one tourist guide shall be required for each coach,

boat or other vehicle; and

(b) no tourist guide 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 shall engage the services of a tourist guide for

any of the following excursions

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

(b) a whole day excursion not exceeding eight hours

(inclusive of the time allowed for lunch);

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

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

exceeding nine hours

Provided that in particular circumstances, the operator and

the tourist guide may agree that the duration of an excursion shall

differ from the above mentioned.

(1) Without prejudice to any other requirement emanating

from any other law that may be current at the time, the engagement

of a tourist guide may be subject to an agreement in writing

between the operator and the tourist guide. The following

provisions shall be deemed to be included in an agreement between

the operator and the tourist guide unless excluded in the writing

(a) when the operator cancels the engagement of a tourist

guide within less than twenty-four hours from the

commencement of the organised excursion, the

operator shall pay the tourist guide, a penalty

equivalent to the fee due for such an excursion;

(b)

(i)

when the tourist guide is unable to honour his

commitment and fails to provide the operator

with the services of a similarly qualified and

licensed tourist guide as a replacement for the

organised excursion, and moreover fails to

advise the operator at least twenty-four hours

prior to the commencement of the organised

excursion, the tourist guide shall, without

prejudice to the provision of regulation 14(2),

pay the operator, a penalty equivalent to the fee

due for such an excursion;

(ii) such penalty shall not be due if the tourist guide

fails to honour his commitment on medical

grounds, supported by an appropriate medical

certificate which is to be submitted to the

operator within forty-eight hours of the date of

the tour.

(2) A tourist guide who, without a valid reason, fails to fulfill

an engagement, shall b e guilty of an o ff ence against these

regulations.

An organised excursion shall be deemed to start at the time

the guide is requested to report to commence his duties and is

deemed to end when the last passenger leaves the tour.

(1) In the case of a 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 tourist guide shall be provided

with adequate board and lodging for the overnight stay. The tourist

guide shall also be paid additional remuneration as contracted

beforehand between the tourist guide and the operator, for the

overnight stay.

(2) In the cases referred to in sub-regulation (1), a 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, the cancellation fee, as referred to in

regulation 12, shall not apply.

A 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 tourist guide may show a preference for

any particular retail outlet, or direct tourists under his charge to any

particular retail outlet.

(1) The fees charged by a tourist guide for providing

tourist guide services and conducting an organised excursion shall

be previously agreed upon between the tourist guide and the

operator or the person or agency engaging the tourist guide.

(2)

(a) A tourist guide shall not conduct an organised

excursion in more than two languages.

(b) When the tourist guide is required to conduct an

organised excursion in more than one language, he

shall be entitled to additional remuneration, which

unless otherwise previously agreed upon between the

tourist guide and the operator or the person or agency

engaging the tourist guide, shall be of fifteen per cent

of the agreed fee for the additional language used

during the excursion.

(c) When a tourist guide is required to conduct an

organised excursion on Sundays or other public

holidays, he shall be entitled to additional

remuneration.

(1) Where the Authority is satisfied that a tourist guide

has -

(a) behaved in an improper manner not befitting the duties

and responsibilities of a 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 a guide or reflects adversely on the status of a

tourist guide,

the Authority may, having regard to the circumstances of the case,

suspend or revoke the licence issued to such tourist guide, giving

such reasons for such suspension or revocation of licence.

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

regulation (1), such suspension shall not exceed a period of five

years.

(3) Where the licence of a tourist guide has been cancelled or

revoked in terms of sub-regulation (1), the tourist guide shall not

be eligible to re-apply for a licence before the lapse of the period of

such cancellation or revocation.

(1) Before refusing to grant or renew license or before

suspending or cancelling any license in accordance with th

provisions of the Act and of these regulations, the Authority shall

inform the applicant or the licensee, as the case may be, of its

intention and shall give him an opportunity to make

representations.

(2) If an applicant, or a tourist guide, or a temporary service

provider is aggrieved by any decision of the Authority, he may

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) Regulations.

(1) Without prejudice to the provisions of regulation 19,

any person who fails to comply with any of the provisions of these

regulations, shall be guilty of an offence and shall be liable on

conviction, to a fine (multa) not exceeding one thousand and two

hundred euro (€1,200).

(2) The provisions of article 45 of the Act shall apply to

offences committed against these regulations.

Any licence issued in terms of the Tourist Guides Service

Regulations, 2002, which are being revoked by these regulations,

and which licence is still in force immediately before the

revocation referred to above, shall continue to be in force thereafter

as if it were a licence granted in terms of the provisions of these

regulations.

TOURIST GUIDES