ENGLISH LANGUAGE TEACHING COUNCIL REGULATIONS

SUBSIDIARY LEGISLATION 605.05

ENGLISH LANGUAGE TEACHING COUNCIL

REGULATIONS

15th July, 2015

LEGAL NOTICE 221 of 2015, as amended by Act II of 2020 and by

Legal Notice 92 of 2026.

The title of these regulations is the English Language

Teaching Council Regulations.

PART A - ACADEMIC STAFF

1. Director of Studies

1.1 The head of school or the Distance Learning Provider, as the case may be,

shall appoint a Director of Studies to have the overall responsibility for all academic

matters. Save for the provisions of paragraph 1.3 of this Part of this Schedule,

nothing contained herein shall prohibit the head of school from acting as the Director

1.2 A person or persons appointed as Director of Studies shall be so appointed

on an exclusive basis, meet with the approval of the Council, and only act in such

capacity for one School, or for one Distance Learning Provider at a time, save where

the Distance Learning Provider forms an integral part of the School.

1.3 The Director of Studies shall be required to possess the qualifications set out

in paragraphs (a)(i), (a)(ii) and (a)(iii) set out hereunder

(a)

(i)

an international diploma at post graduate level National

Qualifications Framework level 7 or a comparable or higher

qualification in ELT of a recognised university or institution plus

a minimum of 1,000 contact ELT hours spread over no less than

twelve cumulative months; or

(a)

(ii) a first degree in English National Qualifications Framework level

6 and an international certificate at National Qualifications

Framework level 5 or a comparable or higher qualification in ELT

from a recognised university or institution plus a minimum of

1,500 ELT contact hours spread over no less than twelve

cumulative months; or

(a)

(iii) a post-graduate degree at National Qualifications Framework

level 7 in Education, Applied Linguistics, Linguistics with

specialisation in ELT and an international certificate at National

Qualifications Framework level 5 or a comparable or higher

qualification in ELT from a recognised university or institution

plus a minimum of 2,000 ELT contact hours spread over no less

than twelve cumulative months;

(b) a valid ELT Permit;

(c) a police certificate of good conduct issued within the last month prior to

application and again on demand at any time throughout the tenure of

the post of Director of Studies.

(a) The Director of Studies of a School shall be responsible for the day to

day management and administration of all formal academic matters and,

when provided by the School, for overseeing all the School’s non-formal

learning processes of the student. It is the duty of the Director of Studies

to be present on the School Premises at all times during the running of

formal tuition and to oversee the learning aspects of the non-formal

processes.

(b) The Director of Studies of a Distance Learning Provider shall be

responsible for the day to day management and administration of all

formal academic matters of the Distance Learning of the student. It is

the duty of the Director of Studies of a Distance Learning Provider to

provide each student with a contact and to address any queries in a

timely manner as provided for in sub-article 3(e) of Part D of this

Schedule.

Without prejudice to the generality of the foregoing, the duties and responsibilities

of the Director of Studies of a School and, mutatis mutandis, of a Distance Learning

Provider shall include

(a) satisfying at all times the academic criteria and standards of these

regulations, this Schedule, licence conditions and Council rules as

established by the Council from time to time;

(b) identifying the English language training needs of the students,

designing formal tuition course syllabi, selecting course materials and

implementation;

(c) setting and monitoring the formal academic plan including standards

and performance levels, all placement and final assessments and

certification;

(d) recruitment, guidance, in-service training, regular continual

professional development and performance assessment of ELT

Practitioners;

(e) attending to formal academic issues, academic progress of students and

English Language Teachers and resolving academic issues and

complaints;

(f)

maintenance of proper academic records including formal tuition course

syllabi, ELT Practitioner register, student attendance records;

(g) setting and overseeing the non-formal learning objectives, processes,

standards and outcomes of the School;

(h) liaison with the Council on all formal, non-formal academic matters;

(i)

complying with all reporting requirements on academic services which

may lawfully be requested by the Council from time to time in an

accurate and timely manner;

(j)

complying with all applicable laws, regulations, this Schedule, licence

conditions, Council rules and any quality assurance measures in force

from time to time.

2. School Annexe Manager

2.1 No Director of Studies of a School shall operate or permit to be operated a

School Annexe unless such School Annexe is approved by the Council and he has

previously appointed and delegated a School Annexe Manager who meets with the

approval of the Council and who possesses the following qualifications

(a) a valid ELT Permit;

(b) an international certificate at National Qualifications Framework level 5

in ELT or a comparable or higher qualifications from a recognized

institution as approved by the Council;

(c) a minimum of 1000 ELT contact hours in a School spread over no less

than twelve cumulative months, certified by the Director of Studies of

that School to the satisfaction of the Council.

2.2 It is the duty of the School Annexe Manager to be responsible, within the

limits of any delegated authority for the day to day management and administration

of all formal academic matters and to be present at the School Annexe at all times

during the running of formal tuition.

Without prejudice to the generality of the foregoing, the delegated duties and

responsibilities of the School Annexe Manager shall include

(a) attending to formal academic issues, academic progress of students and

of English Language Teachers and resolving academic issues and

complaints;

(b) maintenance of proper academic records including formal tuition course

syllabi, ELT Practitioner register and student attendance records,

as well as any duty, specified in sub-article 1.4 of Part A of this Schedule, that may

be delegated to the School Annexe Manager on a day to day basis.

3. English Language Teachers

3.1 No School shall employ or otherwise engage a person and no persons shall

be engaged as English Language Teacher unless they possess the qualifications set

out hereunder and are in possession of an ELT Permit.

3.2 In order to qualify for an ELT Permit, a person shall be at least eighteen

years of age and shall be required to possess the following qualifications

(a) a matriculation certificate or comparable qualifications at National

Qualifications Framework level 4 if under the age of twenty-one years

on the date of application;

(b)

(i)

a Test for English Language Teachers (TELT) certificate issued by

the Council or comparable qualification in English not inferior to

Grade C at Advanced level at National Qualifications Framework

level 4, and a certificate in the methodology of teaching English

language to speakers of other languages approved by the Council

or comparable, or higher qualifications in English language

awareness, proficiency and methodology from a recognised

institution approved by the Council; or

(b)

(ii) an international certificate at National Qualifications Framework

level 5 in English language teaching to speakers of other

languages or a higher qualification from a recognised institution

as approved by the Council;

(c) a SEPTT certificate at Band 3 issued by the Council or any other

speaking proficiency test certificate at a level deemed sufficient by the

Council,

and be in possession of a police certificate of good conduct issued within the last

month prior to the application and maintain such certification to be provided on

demand throughout the tenure of the post of English Language Teacher.

3.3 No School shall employ or otherwise engage persons and no person shall

give lessons in English for Specific Purposes unless they hold a valid ESP Permit

issued by the Council. The issuance of such ESP permit is dependent upon evidence

that the person applying holds

(a) relevant qualifications or relevant experience in the specific field

applied for; and

(b) a police certificate of good conduct issued within the last month prior to

application.

Notwithstanding the foregoing it remains the responsibility of the Director of

Studies to ensure that any person so engaged guarantees fluency in English in the

specific purpose and restricts his lessons solely to the permitted specific purpose.

Such persons shall complement the regular teaching personnel only in so far as

lessons in the specific purpose are concerned.

3.4 An ELT Permit may be renewed on application subject to the provisions of

regulation 10(6), and to having followed annual programm es of continual

professional development (CPD) in English language proficiency and methodology,

whereby the programme hours of such CPD amount to thirty-two hours over four

consecutive years or to more as the Council may determine from time to time.

3.5 An ESP Permit may be renewed on application subject to the provisions of

regulation 10(6), and to having followed annual programm es of continual

professional development (CPD) in the specific purpose and in the ESP teaching

methodology, whereby the programme hours of such CPD amount to thirty-two

hours over four consecutive years or to more hours as the Council may determine

from time to time.

4. English Language Teachers Providing Home Tuition

4.1 No person shall in any way indicate or hold himself as a Home Tuition

Provider unless that person possesses

(a) the qualifications set out in the sub-article 3.2 of this Part of this

Schedule;

(b) an ELT Permit for Home Tuition;

(c) has at his disposal and is responsible for, the management, or is in

control, of a residence in which he regularly resides which has been

inspected and approved by the Council as fit and proper to receive,

accommodate and teach English to speakers of other languages, is in

possession of a licence for the purpose of receiving student guests in the

home by the Malta Tourism Authority and provides the student with the

requested meal plan;

(d) a minimum of 750 ELT contact hours to adults in a School spread over

no less than twelve cumulative months, certified by the Director of

Studies of that School to the satisfaction of the Council;

(e) the competences and skills to carry out an English language training

needs analysis, design and implement appropriate syllabi and select

materials therefor, all certified by the Director of Studies of the School

in the aforesaid paragraph (d) to the satisfaction of the Council; and

(f)

provides a quiet area or room equipped with learning facilities in the

residence that is conducive to study and concentration where formal

lessons can be held and where the learner can freely undertake

independent study at any and all times.

4.2 An ELT Permit for Home Tuition may be renewed on application subject to

r e g u la t io n 1 0( 6 ) a n d t o h a v i n g f o l l ow e d a nn u a l p r o gr a m m e s of c on t i n ua l

professional development (CPD) and of updating in English language proficiency

and teaching methodology whereby the programme hours of such CPD amount to

thirty-two hours over four consecutive years or to more hours as the Council may

determine from time to time.

4.3 The Home Tuition Provider shall be responsible for the day-to-day running

of the formal and non-formal tuition programmes and management of the residence

as well as for the comfort and general welfare of the student and, without prejudice

to generality of thye aforesaid, the duties and responsibilities shall include

(a) satisfying at all times the academic criteria and standards of these

regulations, licence conditions and Council rules established by the

Council from time to time;

(b) designing formal tuition course syllabi, non-formal learning processes

and selecting course and free time materials and implementation;

(c) carrying out needs analyses, setting and overseeing learning objectives,

maintaining academic standards and progress and determining the

outcomes of each course;

(d) attending to formal, non-formal and informal academic issues, the

academic progress of the student and resolving issues and complaints;

(e) maintaining proper academic records including a course register, formal

tuition course syllabi, non-formal learning processes, student name,

attendance, performance and final outcome records of formal tuition

sessions;

(f)

reporting to the Council on all formal and non-formal academic matters;

(g) complying with all reporting requirements which may lawfully be

requested by the Council from time to time in an accurate and timely

manner; and

(h) complying with all applicable laws and regulations, this Schedule,

licence conditions, Council rules and any quality assurance measures in

force from time to time.

No Home Tuition Provider shall provide tuition to more than four persons

simultaneously or accept and accommodate in his residence at any one time more

than four persons and simultaneously provide tuition.

5. English Language Teacher trainers

5.1 No person shall in any way indicate or hold himself as an English Language

Teacher trainer unless he possesses the following qualifications

(a) a valid ELT Permit;

(b)

(i)

an international diploma at post-graduate level at National

Qualifications Framework level 7 or a comparable or higher

qualification in ELT from a recognised university or institution

plus a minimum of 1,500 ELT contact hours spread over no less

than twelve cumulative months; or

(b)

(ii) a first degree in English or in English as a main subject at

National Qualifications Framework level 6 and an international

certificate at National Qualifications Framework level 5, or a

comparable or higher qualification in ELT from a recognised

university or institution plus a minimum of 2,000 ELT contact

hours spread over no less than twelve cumulative months;

(c) a certificate of participation, within the last three years from the

scheduled date of commencement of the training course, at periodical

continual professional development programmes conducted by

international ELT professionals for a minimum of six hours as approved

by the Council; or to more hours as the Council may determine from

time to time

Provided the six hours may contribute towards the requisite hours referred to

in articles 3.4 and 3.5 of this Part of this Schedule.

5.2 No English Language Teacher may design, conduct, or teach on, a teacher

training course ordained for the issue of an ELT Permit or ESP Permit unless he

satisfies the requirements of sub-article 5.1 of this Part of this Schedule and, upon

application, is granted permission by the Council.

No English Language Teacher in possession of permission to teach on a

teacher training course shall teach on any teacher training course ordained for the

issue of an ELT Permit or ESP Permit that has not been approved by and registered

with the Council.

6. English Language Teachers Providing Distance Learning

6.1. No person shall in any way indicate or hold himself as a Distance Learning

Teacher or Practitioner from Malta unless that person possesses

(a) the qualifications set out in the sub-article 3.2 of this Part of this

Schedule;

(b) is at least twenty-one years of age;

(c) a minimum of 300 ELT contact hours to adults in a School spread over

no less than six cumulative months, certified by the Director of Studies

of that School to the satisfaction of the Council.

7. Certificates

7.1 Schools shall, over the signature of the Director of Studies, issue a

certificate of attendance to every student, setting out the title and level of the course

followed together with the dates of attendance and number of hours actually

attended.

7.2 A Home Tuition Provider shall, over his signature, issue a certificate of

attendance at Home Tuition to every student, setting out the title and level of the

course followed together with the dates of attendance and number of hours actually

attended.

7.3 A Distance Learning Provider shall, over the signature of the Director of

Studies, issue a certificate of participation at a named Distance Learning Programme

to every student setting out the level of, and the involvement in, the course followed.

7.4 A School, Home Tuition Provider or Distance Learning Provider shall, upon

the specific request of a student, issue a course transcript outlining the areas or

topics covered during the course, and the proficiency attained by the student.

PART B - NON-ACADEMIC SERVICES

1. Management of Non-academic Services and Student Welfare

1.1 The head of school shall appoint a person or persons howsoever styled to be

charged with the overall responsibility for any and all non-academic services offered

by the School, save that when a head of school entrusts the said responsibilities to

more than one person the responsibilities shall be vested collectively in all the

persons so appointed and the head of school shall nominate one person in the role of

Leader from among such. Save for the provisions of sub-article 1.4 of this Part of

this Schedule, nothing contained therein shall prohibit the head of school or the

Director of Studies from acting as the said Leader. The Home Tuition Provider shall

act as the said Leader and the provisions of this Part of this Schedule shall apply

mutatis mutandis.

1.2 The said person, whether on his own or collectively with other persons, shall

be so nominated on an exclusive basis, and shall only act in such capacity for one

school.

1.3 Whether the non-academic services provided by the School are so provided

directly by the School or through agents or sub-contractors, the Leader shall ensure

that any non-academic service that may be offered is effectively provided at

standards which are customary for the provision of such services and in conformity

with the relative contractual obligations, these regulations and this Schedule, licence

conditions, Council rules and quality assurance criteria established by the Council

from time to time.

1.4 The appointed person or persons shall be responsible for the day-to-day

management and administration of the non-academic services of the School and shall

liaise with the Director of Studies for overseeing all non-formal learning processes

of the student. It is the duty of such nominated person or persons to have a

supervisory presence at all times during the running of the non-academic services of

the School. Without prejudice to the generality of the foregoing, the duties and

responsibilities of the appointed person or persons shall include

(a) satisfying at all times the non-academic criteria;

(b) setting and monitoring the School’s non-academic services plan

including standards and performance levels and taking all action

necessary to maintain and improve standards;

(c) organising and running of the non-academic services of the School;

(d) providing, during normal School hours and at all times during activities

organised by the School, advice, information and guidance, including,

without prejudice to generality of the foregoing, particular reference to

local laws, local customs, general behaviour, respect towards the local

community as well as non-formal and informal services;

(e) supervision and welfare during activities organised by the School

commensurate with the profile and age of the student;

(f)

recruitment, guidance, in-service training, regular continual

professional development and performance assessments of persons

employed or otherwise engaged in the provision of information,

guidance, welfare, non-formal and informal learning processes and non-

academic services to students;

(g) attending to non-academic issues and resolving problems and

complaints;

(h) provision of an identification document for each student registered to

follow a course at the School as may be determined by the Council from

time to time;

(i)

liaison with any person or entity through whom the School provides the

student with non-academic services including, without prejudice to

generality of the foregoing, accommodation or lodging, transportation,

cultural, leisure, entertainment and sports activities in Malta and Gozo;

(j)

liaison with any person or entity through whom the School receives

students and with whom the School executes a written contract in terms

of regulation 13, compliance therewith and supervision of the proper

execution of the said contract;

(k) in the case of students who have not attained the age of eighteen years

(i)

provision of a 24 hour / 7 day per week emergency

communication service to students, student leaders, agencies and

competent authorities;

(ii) taking of such measures as may be necessary to safeguard the

general welfare of students at all times in their stay in Malta or

Gozo when registered with the School and not accompanied by a

parent or adult guardian and of such measures that the Council

shall from time to time prescribe;

(l)

approval and monitoring of board and lodging facilities, and ensuring

that such facilities at all times comply with all licensing conditions and

applicable regulations, and provide what the student was offered as part

of the non-academic services by the School;

(m) vetting of the necessary permits and authorisations of all sub-

contractors/agents or other persons providing any non-academic

services to the students on behalf of the School;

(n) ensuring that any description or representation made by the School

intended or aimed at marketing, publicising or otherwise promoting the

non-academic services offered by the School is a faithful and accurate

description or representation of the non-academic services and facilities

effectively provided;

(o) liaison between the School and the Council on non-academic services;

(p) complying with all reporting requirements on non-academic services

which may lawfully be requested by the Council from time to time;

(q) complying with all applicable laws, regulations, this Schedule, licence

conditions, Council rules and any quality assurance measures in force

from time to time.

2. Schools and Home Tuition Providers offering non-academic services to

students, directly as an all-inclusive package or not, or indirectly through another

person in accordance with regulation 13, shall have overall responsibility for all such

non-academic services offers, save that when a student over eighteen years of age

makes arrangements for any of his own non-academic services directly himself, the

School or Home Tuition Provider shall be responsible only for the arrangements it is

contracted to provide by the student.

3. The said Leader shall ensure the observance by the School of all employment

regulations as these affect all employees of the School.

4. A person shall not be appointed and shall not retain the appointed position if

that person has been convicted by any court of criminal jurisdiction

(a) for any crime liable to imprisonment for a term exceeding one year; or

(b) of having abused the students’ trust or having used violence in their

regard; or

(c) of any crime because of which such person may not, in the Council’s

opinion, be fit to be in the employment of or otherwise engaged with the

provision of non-academic services of a School

Provided that the provisions of regulation 10(8) and (9) shall apply mutatis

mutandis to any such disqualified person.

5. The head of school shall immediately take action and notify the Council in

writing of any occurrence in terms article 4 of this Part of this Schedule.

PART C - SCHOOL PREMISES AND SCHOOL ANNEXES AND HOME

TUITION PREMISES

1. No person shall establish, keep or operate a School unless he has at his

disposal and is responsible for the management, or is in control, of permanent

premises that comply with the provisions of this Part of this Schedule.

2. The School Premises shall be the principal building of the School to serve

its day-to-day student and management needs, provide classrooms, adequate and

accessible common spaces for the assembly, relaxation and social interaction of

students and sanitary facilities that comprehensively shall determine the maximum

number of students that are accepted by the School in the School Premises at any one

time, offices for the Director of Studies and persons appointed to manage the non-

academic services and rooms or appropriate spaces for teachers, resources, library,

self-access internet, administrative staff and other needs.

3. The School Annexe or School Annexes shall be complementary to the

School Premises to accommodate students beyond that determined by the School

Premises and shall provide for classrooms, adequate and accessible common spaces

for the assembly, relaxation and social interaction of students and sanitary facilities

that comprehensively shall determine the maximum number of students that are

accepted by the School in the School Annexe at any one time, rooms or appropriate

spaces for the delegate of the Director of Studies, the persons appointed to manage

the non-academic services, teachers, resources and other needs.

4. Without prejudice to the generality of the foregoing, each building that

serves as School Premises and School Annexe shall

(a) be compliant with all applicable laws, regulations, this Schedule,

licence conditions, Council rules and quality assurance measures in

force from time to time;

(b) be in good structural and well decorated condition at all times of use;

(c) provide independent access to each classroom;

(d) be kept clean and regularly maintained, and conform to health, sanitary,

fire and safety regulations regarding school buildings at all times of use;

(e) provide for the easy flow of students at peak and emergency times and

for opportunities for these to mix and speak;

(f)

be conducive to learning, reasonably free from noise and odour

pollution, and with a layout that minimises disturbance, discomfort and

danger to the users;

(g) be free from hazards to safety and to good health;

(h) have a health and safety and fire risk assessment certificate that is

regularly updated and as recommended by the Occupational Health and

Safety Authority;

(i)

provide for the purview of food and drinks.

5. Classrooms and other areas

Classrooms shall

(a) be of such dimensions that represents a minimum of 1.75 square metres

per student;

(b) be well ventilated, lit and aired and protected from heat, cold and

humidity, with at least half of the classrooms being naturally lit;

(c) accommodate a maximum number of students that shall allow

flexibility, movement and the formation of sub-groups according to the

purpose of the lessons and profile and age of the students;

(d) contain such furniture as to ensure that each student accommodated

therein can sit, write and move about in comfort. Desks, chairs, tables

and other furniture shall be in a good state of repair and shall allow

flexibility in classroom layout;

(e) be adequately equipped with teaching aids and have at least a board or

information technology systems display commensurate with the purpose

of the lessons or other means of graphic display which shall be large

enough for the maximum number of students in the classroom and

positioned in a way that ensures easy vision by all students.

5.2 Indoor common spaces for the assembly, relaxation and social interaction of

students shall be appropriately furnished and decorated and shall adequately provide

facilities for ventilation and the accommodation and refreshment of all students

during break-times and access for students between classrooms.

5.3. Outdoor common spaces for the assembly, relaxation and social interaction

of students shall provide appropriate safety, security and shielding from heat, cold

and rain and adequate facilities for accommodation and refreshments, if not

adequately provided indoor, during break-times and shall be such as to minimise

noise and disturbance to third parties when in use.

5.4 Toilet and sanitary facilities shall be required to be approved by the

competent health authorities. Such facilities shall be commensurate with the total

number of users present on the School Premises or School Annexe at any one time.

Separate male and female toilet facilities should be provided at the minimum rate of

one per fifty students. Teaching personnel and other staff shall have their own

separate toilet and sanitary facilities. All toilet and sanitary facilities shall be clean,

hygienic and maintained.

5.5. The premises for the provision of Home Tuition shall be the duly licensed

regular residence of the Home Tuition Provider and shall provide a quiet area or

room conducive to study and learning, single or twin/double bedroom with private

facilities as well as common spaces freely accessible to the student for living, dining

and social interaction with the English language teacher and his household.

5.6 Without prejudice to the generality of the foregoing, the premises for the

provision of Home Tuition, whether the English Language Teacher’s residence or

student’s temporary residence, shall

(a) be compliant with all applicable laws, regulations, this Schedule,

licence conditions, Council rules and quality assurance measures in

force from time to time;

(b) be in good structural and well decorated condition at all times when a

student is hosted;

(c) be naturally well ventilated, lit and aired and protected from heat, cold

and humidity;

(d) provide independent access to each bedroom and to the bathroom;

(e) be reasonably free from noise and other disturbances, and with a layout

that minimizes disturbance and discomfort to the users;

(f)

be appropriately and comfortably furnished as to ensure the comfort and

welfare of each student accommodated thereat;

(g) be adequately equipped with teaching materials, aids and equipment

commensurate with the purpose of the lessons and the profile of the

student;

(h) be kept clean and regularly maintained, free from hazards to safety and

good health;

(i)

have a Health and Safety and fire risk assessment certificate that is

regularly updated and as recommended by the Occupational Health and

Safety Authority;

(j)

provide for the supply of the students’ need of fresh potable water.

PART D - DISTANCE LEARNING PROVIDERS

1. The Distance Learning Provider shall provide

(a) his Domain Name Services to be registered with the Council;

(b) adequate infrastructure, in terms of human resources and reliable

equipment;

(c) an effective system of identity verification;

(d) recording the electronic communication hours;

(e) protection of the privacy of the student and teacher;

(f)

prevention against identity fraud;

(g) assurance of the security of the services provided;

(h) recording of the electronic communication hours of a student;

(i)

monitoring of the performance of each student, and of the teachers.

2. The Director of Studies of a Distance Learning Provider shall, in addition to

the requirements set out in sub-article 1.4 of Part A of this Schedule, be responsible

for

(a) the development and supervision of the Distance Learning Programmes

and any student assessment thereto;

(b) the application of suitable modern technologies;

(c) the creation of a suitable environment for the implementation of the

Distance Learning Programme;

(d) the development of skills of the English Language Teachers providing

Distance Learning teaching in the field of education technology and

development of electronic curricula with the provision of technical

support, timely feedback of the English Language Teachers providing

Distance Learning to the students deemed to be not in excess of twenty-

four hours, save that a Distance Learning Provider may promote and

inform a prospective student prior to recruitment that the twenty-four

hour time-frame is not applicable on week-ends and on listed public

holidays.

In these regulations, save for the definitions set out

hereunder, words and expressions shall have the same meaning

assigned to them in the Act

"Act" means the Further and Higher Education Act;

"all-inclusive package" means the pre-arranged tuition at a

School or as Home Tuition combined with at least another non-

academic service mentioned hereunder, when offered by a School

or by a Home Tuition Provider, whether at an inclusive price or

separately and, when the package covers a period exceeding

twenty-four hours, it also includes -

(a) licensed accommodation or lodging of any kind;

(b) other services not ancillary to accommodation and

equivalent to at least one-fifth of the tuition time

included in the package;

"Association" means an association of English language teaching

schools which in the opinion of the Minister -

(a) represents such number of schools as would in the

immediately preceding year to the appointment of the

Council members, have serviced the largest number of

students; and

(b) contributes to the establishment or has established for

its member schools guidelines aimed at ensuring

academic and non-academic quality standards which

are at least in conformity with the requirements of

these regulations;

"Council" means the English Language Teaching Council to be

also referred to as "ELT Council" established by regulation 4;

"Distance Learning" means the provision by electronic means

from Malta of English Language Teaching to speakers of other

languages that do not physically attend a place ordained for tuition

in Malta or elsewhere, established by regulation 9(2);

"Distance Learning Provider" means any person that is licensed

with the Council to provide Distance Learning;

"Distance Learning Teacher" or "Distance Learning Practitioner"

means any person trained and qualified in ELT and in possession of

an ELT Permit for Distance Learning;

"ELT" means English Language Teaching to speakers of other

languages as a foreign language;

"ELT Council Officer" means such officer as is authorised by the

Council to perform duties necessary for the execution of the

functions of the Council and those other functions which are

related to the implementation of these regulations and of the Act

and also to perform such work as may be necessary to assure and

inspect the quality and standards in Schools, by Home Tuition

Providers and Distance Learning Providers, and to perform such

duties as may be assigned to them by the Chairperson of the

Council;

"ESP" means English for Specific Purposes in a discipline or

disciplines to speakers of other languages;

"ELT Permit", "ELT Permit for Home Tuition", "ELT Permit for

Distance Learning", and "ESP Permit" mean a licence issued under

regulation 10;

"English Language Teacher" or "ELT Practitioner" means any

person trained and qualified in ELT and in possession of an ELT

Permit;

"Home Tuition " means the provision of ELT by an English

Language Teacher, not in the name or employment of a School,

principally at the place of residence of the same English Language

Teacher or of the student, as approved, to not more than four such

students hosted and taught simultaneously and "Home Tuition

Provider" or "Home Tuition Tutor" and similar words shall be

construed accordingly;

"Minister" means the Minister responsible for education;

"non-academic services" means any information, guidance,

knowledge, howsoever imparted or transmitted whether as non-

formal or informal learning or otherwise or any other service

generally of a tourism nature including, without prejudice to

generality of the aforesaid, cultural, leisure, entertainment, sports

activities and accommodation, not being formal tuition, provided to

students speakers of other languages attending a School or Home

Tuition;

"School" means a school in terms of the Act, whose principal

non-exclusive activity is formal ELT, conducted continuously

throughout the year and may include non-formal and informal

learning and teaching English for the specific purposes of other

disciplines when packaged with the principal activity, save that a

School may be permitted to conduct formal ELT for a continuous

period of not less than six consecutive and operational months in

every year and not operate otherwise, established by regulation 9;

"School Annexe" means any building, not contiguous to the

School P remises, in whole or in part, howsoever described

temporarily or permanently ordained toward ELT by the school and

approved for the purpose by the Council prior to use;

"School Premises" means any building or group of contiguous

buildings whether in whole or in part howsoever described

ordinarily ordained towards ELT by the School as its permanent

principal premises and approved for the purpose by the Council;

" Te s o l " m e a n s Te a c h i n g E n g l i s h t o S p e a k e r s o f O t h e r

Languages.

Fees

€

For the issuing of an ELT Permit ............................................

For the issuing of an ELT Permit for Distance Learning .........

For the issuing of an ELT Permit for Home Tuition ................

For the issuing of an ESP Permit ............................................

For the renewal of an ELT Permit ...........................................

20*

For the renewal of an ELT Permit for Distance Learning ........

20*

For the renewal of an ELT Permit for Home Tuition ..............

20*

For the renewal of an ESP Permit ...........................................

20*

For a new School licence ........................................................

For a School licence renewal ..................................................

100 - 400**

For a new Annexe licence .......................................................

For an Annexe license renewal ...............................................

200*

For a new Distance Learning Provider licence .......................

For a renewal of Distance Learning Provider licence .............

100*

For a new Home Tuition Provider licence ..............................

For a renewal of Home Tuition Provider licence ....................

100*

*

Payable on every application of renewal.

**

Varies according to the school category table and payable on every application of

renewal.

School Category Table

Category A Schools (not more than 2,400 student weeks in the preceding year)

pay €100.

Category B Schools (between 2,400 and 7,200 student weeks in the preceding

year) pay € 200.

Category C Schools (between 7,200 and 12,000 student weeks in the preceding

year) pay €300.

Category D Schools (more than 12,000 student weeks in the preceding year) pay

€400

The object of these regulations is to provide for a

regulatory framework for the advancement and monitoring of

standards with respect to the ELT profession, Schools, English

language teachers, Home Tuition Providers, Distance Learning

Providers, non-academic services and ancillary services that

together constitute the stay of, or the provision to, English

language students, speakers of other languages

Provided that, the provisions of the Further and Higher

Education (Licensing, Accreditation and Quality Assurance)

Regulations, shall not continue to apply to Schools subject to, and

with effect from the coming into force of, these regulations.

There shall be established a Council, to be called the

English Language Teaching Council or ELT Council having such

functions and powers as are set out in regulation 6, which shall be a

body corporate having a distinct legal personality and shall be

capable, subject to the provisions of the Act, of entering into

contracts, of acquiring, holding and disposing of any kind of

property for the purposes of its functions, of suing and being sued,

and of doing all such things and entering into all such transactions

as are incidental or conducive to the exercise or performance of its

functions.

(1) The Council shall be composed of nine members

appointed as follows

(a) a Chairperson appointed by the Minister;

(b) a member with competence in ELT appointed by the

Minister;

(c) a member nominated by the Minister responsible for

tourism;

(d) a member nominated by the Minister responsible for

tourism from among persons with industry experience;

(e) a member nominated by the National Commission for

Further and Higher Education;

(f)

two members nominated by the Association;

(g) one member elected by the associated licensed

Schools;

(h) one member elected by the non-associated independent

licensed schools provided that the members referred to

in paragraphs (g) and (h) are in the full-time

employment positions at National Qualifications

Framework level 6 of licensed Schools that operate all

year round.

(2) Prior to the first meeting of the Council, the Chairperson

and the four other m em bers ap pointed in t erms of the sub-

regulation (1)(b), (c), (d) and (e) shall convene a meeting of

licensed Schools in order to elect the two members of the Council

in terms of sub-regulation (1)(g). This meeting shall be convened

within one month of the appointment of the Chairperson and the

other four members. Each licensed School present shall have one

vote. In the case of a tie of votes, a re-vote shall be taken.

(3) The Council members shall be appointed for a period not

exceeding three years and each member on expiration of his term of

office shall be eligible for reappointment.

(4) If any vacancy in the Council occurs for any cause, the

Minister shall, as soon as practicable, appoint another person to fill

the vacancy.

(5) The meetings of the Council shall be summoned by the

Chairperson and the Council shall meet as often as may be

necessary but regularly once every month.

(6) The number of members present and deemed to constitute a

quorum at the meetings of the Council shall be five members

present, but subject to the presence of a quorum, the Council may

act notwithstanding any vacancy among its members.

(7) In the absence of consensus, decisions of the Council shall

be taken by a majority of votes of the members present. The

Chairperson of the Council shall have both an original vote and, in

the case of a tie, a casting vote.

(8) Without prejudice to the aforesaid and to what may be

prescribed, the Council may make its own rules and otherwise

regulate its own procedures.

(9) The Council shall be legally represented by the Chairperson

or, by resolution of the Council, by any other member or by the

Chief Executive Officer, or Council official as the Council may

from time to time decide.

(1)

The Council shall have the following functions

(a) to issue licences in terms of these regulations, to

suspend and withdraw licences and set and enforce

conditions thereto;

(b) to monitor compliance by Schools, Home Tuition

Providers, Distance Learning Providers, English

Language Teachers with the provisions of the Act,

these regulations, the Schedules, licence, ELT Permit

and ESP Permit conditions as applicable, and Council

rules as it may determine and publish on the Council’s

website from time to time, and to take all such

measures it may consider appropriate against any such

School, Home Tuition Provider, Distance Learning

Provider, English Language Teacher in breach thereof;

(c) to carry out quality assurance procedures, establish

and maintain rules, regulations and mechanisms for

quality assurance on all aspects of ELT stays and on

Distance Learning and to ensure adherence thereto;

(d) to develop and maintain curricula, assessments and

examinations for the professional training and

qualification of persons eligible to become English

language teachers and non-academic support staff, and

to monitor compliance thereto;

(e) to develop and maintain a sectoral framework for ELT

qualifications

referenced

to

the

National

Qualifications Framework;

(f)

to establish, develop, maintain and own brands, marks

of distinction or trust and signs of quality assurance

and to promote and regulate their use;

(g) to advise the Minister on the state, operation, needs

and prospects of ELT in general and to compile and

submit by no later than six weeks after each year in

office an annual report thereon and on the policies,

functions and plans of the Council;

(h) to prescribe and charge the fees payable to the Council

for any service provided by it, or in respect of any

matter for which it is considered that a fee should be

payable in accordance with Schedule 2;

(i)

to determine and levy fine or penalties in cases of non-

compliance;

(j)

to advise on and promote the proficiency of English

and the benefits of ELT nation-wide;

(k) to gather any data necessary for the enhancement of

the sector; and

(l)

to perform such other functions as the Minister may

from time to time prescribe.

(2) Without prejudice to the rights of the Minister in terms of

the Act, the Council shall have such powers and authorities given

to it by the Minister as may be required for the proper performance

by it of any and all of its functions as set out in sub-regulation (1).

(3) Without prejudice to the generality of the foregoing, the

powers of the Council shall include the power to issue, suspend and

withdraw licences, propose regulations, establish and maintain

Council rules and quality assur ance standards and, as duly

authorised in writing by the Chairperson, the power to enter into

any School Premises, School Annexe residence or place for the

provision of Home Tuition, location for the provision of Distance

Learning, to conduct interviews with any person involved in the

management of a School, Home Tuition, or Distance Learning, or

with any English Language Teacher, for the purpose of monitoring

and enforcing compliance, retrieving information and documents

and inspecting and reporting on the teaching process, the physical

or technological environment, the observance of the regulations,

Schedule 1, Council rules, quality assurance standards, and licence

conditions established by virtue of the Act, these regulations and

Schedule 1 and to levy administrative fines for non-compliance.

(1) There shall be ELT Council officers to provide

management and general administrative services to the Council.

(2) Without prejudice to the generality of their duties and

functions, the ELT Council officers shall

(a) co-ordinate and execute the work of the Council and

keep record of all meetings;

(b)

maintain a database of all licence holders and

relations therewith;

(c) maintain relations with similar and other foreign

bodies or persons;

(d) address issues on the provision of ELT and ancillary

non-academic services of the all-inclusive package

brought to their attention;

(e) do all that which the Council may from time to time

deliberate and delegate.

(1) The Council shall, with the approval of the Minister,

appoint a Chief Executive Officer who shall be chosen after an

open call for applications and who shall be the head of the ELT

Council officers, and who shall be responsible for the day-to-day

management of the Council, provide appropriate support for its

meetings and implement its decisions.

(2) The Chief Executive Officer shall report to the Chairperson

and to the Council and shall attend the meetings of the Council

whenever invited to do so but shall not have the right to vote.

(1) Except for Schools duly licensed under these

regulations and which comply with the provisions hereof, no

person may in any way indicate or hold himself as being approved

or licensed by the Council to establish, keep or operate a School, or

to use words having a similar effect, brands, marks or signs

provided for in regulation 6(1)(f) in any statement or document

whether in print, electronic or other format.

(2) Except for Distance Learning Providers duly licensed under

these regulations and which comply with the provisions hereof, no

person or other distance learning provider may indicate or hold

himself as being approved or licensed by the Council to provide

Distance Learning or use or display words having similar effect,

brands, marks or signs provided for in regulation 6(1)(f) in any

statement or document whether in print, electronic or other format.

(3) A licence shall be valid for a period of not exceeding four

years and may be renewed by the Council on application, by no

later than four months prior to the termination of the validity period

of the licence, subject to these regulations and Schedule 1 and to

satisfying the quality assurance standards as the Council may

determine from time to time.

(4) A licence may be issued, transferred to any person who, on

application, fulfils the licensing requirements, or renewed subject

to such requirements, conditions, limitations and exclusions as the

Council may determine from time to time in accordance with these

regulations, and Schedule 1.

(5) A licence which has been suspended or withdrawn or whose

validity has terminated shall be returned to the Council within

thirty days from receipt of notice by the Council to that effect.

(1) Except for English Language Teachers duly permitted

under these regulations and who comply with the provisions hereof,

no person may in anyway indicate or hold himself as being

approved or permitted by the Council to conduct ELT or Distance

Learning, or teach English to speakers of other languages, or

provide Home Tuition or use words having a similar effect, brands,

marks or signs provided for in regulation 6(1)(f) in any statement

or document whether in print, electronic or other format.

(2) Except for English Language Teachers and persons who

teach English for specific purposes duly permitted under these

regulations and who comply with the provisions hereof, no person

may in any way indicate or hold himself as being approved or

permitted by the Council to teach English for specific purposes in a

discipline or disciplines or to use words having a similar effect,

brands, marks or signs provided for in regulation 6(1)(f) in any

statement or document whether in print, electronic or other format.

(3) An ELT Permit or ELT Permit for Distance Learning may

only be issued to a person on application and who, in the opinion of

the Council, has the required skills according to these regulations

and Schedule 1 to conduct ELT.

(4) An ELT permit for Home Tuition may only be issued to an

English Language Teacher on application and who, in the opinion of the

Council has the required knowledge and skills to satisfy the conditions

of these regulations, Schedule 1 and the requirements of Category F,

Annex 4, Resident Host Accommodation of the Tourism

Accommodation Regulations.

(5) An ESP Permit may only be issued to a person on

application and who, in the opinion of the Council, has the required

skills according to these regulations and Schedule 1 to teach

English for specific purposes to speakers of other languages.

(6) Any permit issued according to this regulation shall be

valid for a period not exceeding four years and may be renewed by

the Council on application within a period of four years from the

date of its termination, subject to these regulations and Schedule 1,

as the Council may determine.

(7) A person shall not be qualified to obtain and shall not retain

any such permit if such person has been convicted by any court of

criminal jurisdiction

(a) for any crime liable to imprisonment for a term

exceeding one year; or

(b) of having abused the students’ trust or having used

violence in their regard; or

(c) of any crime because of which such person may not, in

the Council’s opinion, be fit to teach in a School or by

Distance Learning or to provide Home Tuition.

(8) Where a person loses his ELT Permit, ELT Permit for Home

Tui ti on , E LT P e rm i t f or D ist a n c e L e a r ni ng o r E S P P e r m it ,

following a conviction as is referred to in sub-regulation (7), notice

of such loss shall be given by the Council in the Gazette and such

notice and order for the immediate return of the said permit shall be

communicated by the Council to the person disqualified, unless

such person has been interdicted by the judgment itself.

(9) The Council may, upon application to this effect, restore the

said permit to a person who is disqualified to hold or who forfeits

such permit in terms of sub-regulations (7) and (8) if the applicant

meets such requirements that the Council may prescribe.

(10) The holder of an ESP Permit shall not be permitted to act as

an English Language Teacher other than for the specific purpose

applied for.

(11) Any permit which has been suspended or withdrawn in

accordance with the provisions of this regulation shall be returned

to the Council within thirty days from receipt of notice by the

Council to that effect.

Any person or School that, on the coming into force of

these regulations, is in possession of an ELT Permit or licence

obtained under the National Minimum Conditions (Schools

Teaching English as a Foreign Language) Regulations * before the

entry into force of these regulations shall be deemed to be in

possession of an ELT Permit or licence with the same rights and

obligations in as much as such ELT Permit or licence had been

issued in accordance with the provisions and conditions of these

regulations and Schedule 1 and shall conform to these regulations

as the Council shall from time to time prescribe.

All Schools, Home Tuition Providers and Distance

Learning Providers, English Language Teachers and ESP Permit

holders shall comply with the provisions set out in Schedule 1.

No School or Home Tuition Provider shall provide tuition

as part of a touristic package offered, organised or promoted by any

person unless such School or Home Tuition Provider executes a

written contract with such person. Such contract shall provide for

such person to comply with the relevant parts of Schedule 1 and to

take such measures and safeguards for the protection and general

welfare of students under the age of eighteen years, which

measures and safeguards shall at least be equivalent to those which

the School, or Home Tuition provider himself would take in

compliance with these regulations and Schedule 1 had he been

providing an all-inclusive package.

(1) No person, School, Home Tuition Provider, or

Distance Learning Provider shall carry or permit to be carried any

written, verbal or electronic description and, or graphical depiction,

including photographic or other means of representation, to

promote, publicise, market or in any manner describe tuition

programmes, courses and non-academic services and, or facilities

of a School, Home Tuition, or Distance Learning unless that

School, Home Tuition Provider or Distance Learning Provider is

duly licensed.

(2) A School, Home Tuition Provider or Distance Learning

Provider shall not carry or permit to be carried written, verbal or

*

Revoked by these Regulations.

electronic description and, or graphical depiction, including

photographic or other means of representation, to promote,

publicise, market or in any manner describe tuition programmes,

courses and where applicable, non-academic services, non-formal

and informal learning and, or facilities, including teaching aids,

learning materials, classrooms, common spaces, teaching areas,

accommodation, equipment, information technology systems,

audio-visual and audio-lingual facilities of the School, Home

Tuition Provider or Distance Learning Provider unless in a faithful

and accurate representation of the School, Home Tuition, Distance

Learning or its services and facilities as actually provided by such

School, Home Tuition Provider or Distance Learning Provider and

the facilities conform to the real state of the School Premises,

School Annexe, classrooms and common spaces and, for Home

Tuition, of the study area or room, student bedroom and residence

being described, depicted or represented.

Any head of School, Home Tuition Provider or Distance

Learning Provider that contravenes, or fails to comply with any

provisions of these regulations shall be guilty of an offence and

shall, on conviction, be liable to a fine (multa) not exceeding one

thousand and one hundred and sixty-four euro and sixty-nine cents

(€1,164.69), or to three months imprisonment or to both such fine

and imprisonment, and in the case of a continuing offence to a fine

(multa) of eleven euro and sixty-five cents (€11.65) for each day

during which the offence continues, subject to a maximum of four

thousand and six hundred and fifty-eight euro and seventy-five

cents (€4,658.75).

In any proceeding or prosecution under these regulations, a

copy of any order, notice, decision or other document purporting to

have been made under these regulations and purporting to have

been signed by the Chairperson of the Council, shall be accepted as

evidence of the order, notice, decision or other document and of the

facts appearing therein, without further proof.

Any person who fails to comply with any of the provisions

of these regulations shall be liable to an administrative fine not

exceeding one thousand one hundred and sixty five euro (€1,165).

The Council shall be responsible for the imposition of such fines

and for their enforcement upon any person contravening these

regulations, taking into account the gravity of the non-compliance

Provided that prior to imposing a fine as provided in this

regulation, the Council shall allow for a due period of time the

person to comply with these regulations.

In these regulations, including the Schedules thereto, if

there is any conflict between the English and Maltese text, the

English text shall prevail.