TRAINEE TOURIST GUIDES REGULATIONS

SUBSIDIARY LEGISLATION 409.23

TRAINEE TOURIST GUIDES REGULATIONS

25th July, 2025

LEGAL NOTICE 147 of 2025.

The title of these regulations is the Trainee Tourist

Guides Regulations.

In these regulations, unless the context otherwise

requires

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

"Authority" shall have the same meaning as assigned to it

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;

"identification document" means the document issued by

the Authority in accordance with regulation 7(1);

"Minister" means the Minister responsible for tourism;

"operator" means organised excursion operator;

"organised excursion" shall have the same meaning as

assigned to it in the Act;

"organised excursion operator" shall have the same

meaning as assigned to it in the Act;

"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 Qualifications

Framework and is recognised as such by the Authority;

"register of trainee guides" or "register" means the

register kept by the Authority in accordance with regulation

3(2);

"special designated location" means any one of the

places indicated in the Second Schedule to the Tourist Guide

Regulations;

"tourist guide" shall have the same meaning as assigned

to it in the Act;

"trainee guide" means a person who is enrolled with a

recognised training institution and is actively pursuing the

qualifications required to become a licensed tourist guide.

(1)

No person shall act or provide services as a trainee

guide or use the title trainee guide unless he is licensed or recognised

to be licensed as such by the Authority in accordance with these

regulations.

(2)

The Authority shall keep a register of persons who are

licensed, or otherwise legally allowed to act as a trainee guide. Such

register shall be made public by the Authority.

(1)

The Authority may grant a trainee guide licence to

any person upon the submission of a completed application form,

which form shall include

(a)

a recent conduct certificate 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 sixty (60) ECTS

credits of a Level 5 qualification of the National

Qualifications Framework in tourist guiding, or has

completed at least fifty percent (50%) of the relative

course in tourist guiding

Provided that in either case, the credits or

course components obtained shall indicate that the

applicant has adequate knowledge of special designated

locations, together with a clear indication of the special

designated locations in which the applicant is able to

guide; 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 one hundred and twenty (120) ECTS credits

of a Level 5 qualification in tour guiding.

(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 in accordance with 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.

A trainee guide licence shall be issued for a period

commencing on the 1st April to the 31st October of the same calendar

year, and shall be valid solely during such period. The licence may be

issued covering the same period for subsequent years until the trainee

guide successfully completes his course of studies

Provided that the licence may only be renewed if the

Authority receives written confirmation from the recognised training

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

studies referred to in regulation 4(1)(c)

Provided further that if the licence holder ceases to

pursue the course of studies for any reason during the term of validity

of the licence, the recognised training institution shall immediately

notify the Authority in order that the Authority may proceed with the

revocation of the said licence in accordance with regulation 16.

The Authority may, in consultation with the Minister,

require that the level of training for trainee guides to be recognised by

the Authority for the purposes of attaining a licence in accordance with

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 identification

document to each trainee guide licensed in accordance with these

regulations. The said identification document shall include a

photograph of the trainee guide, a list of the special designated

locations in which the trainee guide is authorised to operate and the

languages in which he is authorised to provide guiding services. The

said document shall also contain such other information as the

Authority may consider necessary, including but not limited to, the

trainee guide’s full name, registration number and the period of

validity of the licence.

(2)

The identification document shall remain the property of

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

or revocation of a licence issued in accordance with these regulations.

(3)

A trainee guide shall at all times, while leading an

organised excursion, wear the identification document in a

conspicuous manner.

(4)

Any person making use of any identification document

issued to another person, or who fails to return the said document

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

against these regulations.

(1)

It shall be the duty of a trainee guide to lead the

organised excursion at all times and conduct or guide an organised

excursion in a professional manner.

(2)

An organised excursion shall be conducted in accordance

with the itinerary established by the operator. A trainee guide may in

exceptional circumstances and for a valid reason vary the itinerary.

(3)

An trainee guide 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 trainee guides.

(1)

Operators shall provide trainee guides

(a)

free transportation by car or boat

used in the

conduct of the organised excursion;

(b)

a free meal when conducting a whole day

organised excursion or an allowance which shall 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 trainee guide to be picked up from 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 trainee guide shall be responsible for a group of

more than fifty-two (52) persons.

(2)

When an organised excursion is undertaken by coach,

boat or other vehicle

(a)

only one trainee guide shall be required for each

coach, boat or other vehicle; and

(b)

no trainee guide shall be responsible for 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 a trainee guide

for any of the following 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 allocated 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 a trainee guide conducting an

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

return journey at the end of the excursion cannot be made because of

unavailability of transport, the trainee guide shall be provided with

adequate meals and accommodation for the overnight stay. The trainee

guide shall also be paid additional remuneration as contracted

beforehand between the trainee guide and the operator for the

overnight stay.

(2)

In the cases referred to in sub-regulation (1), a trainee

guide who has been engaged for an organised excursion on the

following day and who because of the overnight stay cannot honour

his commitments, 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 commence at

the time the trainee guide is requested to report to commence his duties

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

excursion.

A trainee 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 (1) 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 trainee guide may show a preference for any

retail outlet, or direct tourists under his 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 regulation 4(1)(c) or for any other justifiable reason.

(1)

Without prejudice to regulation 16, where the

Authority is satisfied that a trainee guide

(a)

behaved in an improper manner not befitting the

duties and responsibilities of a trainee guide;

(b)

breached 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)

has 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 trainee guide or reflects adversely on the status of a trainee

guide,

the Authority shall, having regard to the circumstances of

the case, revoke the licence issued to such trainee guide, giving

such reasons for such revocation of licence.

(2)

In the case of any revocation as referred to in sub-

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

(3)

Where the licence of a trainee guide has been revoked in

accordance with sub-regulation (1), the trainee guide shall not be

eligible to apply for any other licence issued by the Authority before

the lapse of the period referred to in sub-regulation (2).

Before refusing to grant or renew a licence or before

revoking any licence in accordance with the provisions of the Act and

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

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

opportunity to appeal such a decision in accordance with the

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

established in the Fees (Tourism) Regulations.

Provided that in the case of any licence revoked by the

Authority in accordance with regulation 16, the Authority shall not be

required to inform the applicant prior to the revocation the said

licence. In such case, the Authority shall inform the licence holder that

the licence has been revoked and that he has the right to appeal from

such a decision in accordance with the provisions of the Third

Schedule to the Act, on payment of the fee established in the Fees

(Tourism) Regulations.

(1)

Compliance with the provisions of these

regulations shall be deemed to be a condition to the licence to which a

trainee guide shall be subject to, irrespective of whether reference to

these regulations is made in the licence itself.

(2)

The Authority may grant or renew a trainee 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 the regulations made

thereunder.

(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, shall be guilty of

an offence, and shall be liable to the fines and punishments as

established in articles 43 and 45 of the Act.