PERITI WARRANTING BOARD REGULATIONS

SUBSIDIARY LEGISLATION 622.02

PERITI WARRANTING BOARD REGULATIONS

27th December 2022

LEGAL NOTICE 371 of 2022.

(1)

The title of these regulations is the Periti

Warranting Board Regulations.

(2)

The scope of these regulations is to transpose Directive

2005/36/EC of the European Parliament and of the Council of 7

September 2005 on the recognition of professional qualifications and

Directive 2006/123/EC of the European Parliament and of the Council

of 12 December 2006 on services in the internal market.

In these regulations, unless the context otherwise

requires -

"Act" means the Periti Act;

"Annex V" and "Annex VI" shall have the same meaning

as assigned to it in the Act;

"Board" means the Periti Warranting Board established

by article 10 of the Act.

(1) Apart from the responsibilities established in

article 11 of the Act, the Board shall also have the following

responsibilities

(a)

to maintain and to publish, not later than three (3)

months after the end of each year, such register and sub-

registers, referred to in articles 4 to 9 and 16 of the Act in the

Gazette and on its website or the website of any other

designated public agency, as well as on the IMI, in accordance

with prescribed regulations;

(b)

to notify the Kamra tal-Periti about any new

warrant-holder within one (1) week from attaining a warrant to

practice the profession;

(c)

to verify that the formal academic qualifications

obtained and the professional training undertaken by a Maltese

national, satisfy the prescribed regulations for attaining a

warrant to practice the profession in Malta;

(d)

to verify that a national of a Member State has the

right to access to the profession and the right to use the title of

Perit Arkitett subject to the submission of evidence of formal

qualifications issued by the designated authorities of the

Member State of origin or the Member State of domicile and of

the certificates listed in Annex V, in conformity with the

PERITI WARRANTING BOARD

reference year that appears in the said Annex, and in

accordance with prescribed regulations;

(e)

to verify that a national of a Member State has the

right to access to the profession and the right to use the title of

Perit Inġinier Ċivili, subject to the submission of evidence of

formal qualifications issued by designated authorities of the

Member State of origin or the Member State of domicile and of

the relative certificates, in accordance with prescribed

regulations;

(f)

to decide on an application submitted by a

national of a Member State for authorisation to practice the

profession in Malta on a temporary and occasional basis, in

accordance with prescribed regulations; and

(g)

to verify evidence of formal professional

qualifications obtained in a third country, by a citizen of a third

country.

(2)

The Board shall have the authority to

(a)

determine the form and organise the holding, of

any examination referred to in the Act;

(b)

assess professional traineeship undertaken for the

purpose of the Act;

(c)

request, in the case of justified doubts, the

confirmation of authenticity of attestations and evidence of

formal qualifications;

(d)

request information from designated authorities of

Member States confirming whether any applicant, seeking to

establish himself in Malta or to offer a service, is not suspended

or prohibited from exercising the profession as a result of

serious professional misconduct or conviction of criminal

offences related to the exercise of professional activities.

The Board shall have the duty of notifying the European

Commission and other Member States, by means of the IMI or other

prescribed means, about the following

(i)

the legislative, regulatory and administrative

procedures governing access to the profession;

(ii)

the duration and content of academic courses in

connection with Annexes V and VI;

(iii) the duration and content

of

professional

traineeship as required in the Act;

(iv)

the associations of professionals recognised in

Malta;

(v)

the schemes for continuing professional

development required for the continued safe and effective

practice of the profession;

(vi) any disciplinary action or criminal convictions or

any other serious, specific circumstances which are likely to

have consequences on the practice of the profession, within

three (3) days of the decision of restriction or prohibition;

(vii) the identity of any person who has been prohibited

by national authorities or courts from exercising the profession,

even temporarily, on the territory of Malta, within three (3)

days of prohibition;

(viii) the identity of any person who, after having

applied for the recognition of qualifications under this Act, and

who was subsequently condemned by the authorities or the

courts for using falsified evidence of professional qualifications

in this context, in accordance with regulations that may be

prescribed

Provided that in executing the duties specified

above, the Warranting Board shall ensure confidentiality when

exchanging information regarding disciplinary action or

criminal convictions. It shall also be incumbent on the

Warranting Board to inform contemporaneously such

professionals in writing of decisions or warnings, subject to

appeal to the Administrative Review Tribunal;

(ix) the opinion of the Board on notifications from the

European Commission on proposals from Member States for

admission of training programmes and professional

qualifications required for the profession of architect to Annex

V of the Directive.

The Warranting Board shall, when requested by the

designated authority of a Member State

(i)

issue certificates in connection with acquired

rights, in terms of Annex VI, that a Maltese national was

authorised not later than May 2004 to use the title of Perit and

was engaged in the practice of architecture for at least three (3)

years during the five (5) years preceding the issuance of the

certificates;

(ii)

provide confirmation of authenticity of attestation

and evidence of formal qualifications that fulfils, for the

purpose of the respective profession, the minimum training

requirements, including when professional training in terms of

articles 5 and 6 of the Act was undertaken in part in another

Member State;

(iii) exchange information regarding any disciplinary

action, or criminal convictions, or serious specific

circumstances likely to have consequences on the practice of

the profession;

(iv) advise whether any warrant holder seeking to

establish himself, or to offer a professional service, in a

Member State, is not suspended or prohibited from the pursuit

of the profession as a result of serious professional misconduct

or the conviction of criminal offences related to the exercise of

professional activities.

The Kamra tal-Periti shall organise an election among all

warrant holders to elect members of the Warranting Board in

accordance with article 10(1)(d) of the Act and the following

requisites shall apply

(1)

There shall always be one (1) elected member from the

list of Periti Arkitetti and one (1) elected member from the list of Periti

Inġiniera Ċivili sitting on the Board at any one time

Provided that if the term of one (1) of the elected

members expires, the call for nominations shall be for eligible warrant

holders in terms of sub-regulation (4) belonging to the same list as the

outgoing member, who may recontest.

(2)

The members shall be elected by secret ballot through an

election held electronically.

(3)

At least fourteen (14) days before the date and time

established by the Kamra tal-Periti for the election, the Kamra shall

issue a call for nominations for candidates for the election. Each

nomination shall be signed by the candidate, and by two periti as

nominators of the candidate. Nominations are to be received by the

closing date established by the Kamra tal-Periti, which date shall not

be later than fourteen (14) days prior to the date of the election. Late

nominations shall not be accepted.

(4)

Only periti who have been in possession of a warrant for

at least eight (8) years prior to the date of the opening of the

nominations for candidates to submit their respective nomination are

eligible to be accepted as candidates for the election;

(5)

The Kamra tal-Periti shall select an election official who

shall be a notary public to supervize the election. The election official

shall

(a)

perform any acts as may be proper to conduct the

election with fairness towards all members;

(b)

determine the authenticity and validity of the

votes;

(c)

hear and determine all contestations and questions

in any way arising out of, or in connection with the right to

vote;

(d)

count and tabulate all votes;

(e)

ensure that the polls shall close on time;

(f)

certify the tabulated results of the election;

(g)

ensure that the election is conducted impartially,

in good faith and as expeditiously as is practical, and in a

manner that protects the interest of all warrant holders.

(6)

The Kamra tal-Periti shall register all persons in

possession of a warrant on the date referred to in sub-article (3) in its

electronic voting system, and shall provide access thereto not less than

seven (7) days before the date of the election;

(7)

The Kamra tal-Periti shall ensure that as from December

2023 the electronic system

(a)

securely authenticates the identity of the voter;

(b)

allows the voter to securely review an electronic

ballot prior to its transmission to the electronic voting system;

(c)

ensures the secrecy and integrity of each ballot

upon transmission of the vote;

(d)

is accessible to voters with disabilities;

(e)

is secure from, among other things, malicious

software and the ability of others to remotely monitor or control

the system;

(f)

is able to securely communicate with each voter’s

electronic voting platform;

(g)

is able to securely authenticate the validity of each

electronic ballot to ensure that such ballot has not been altered

in transit;

(h)

is able to securely transmit an acknowledgement

to each voter;

(i)

is able to securely and permanently separate any

authentication or identifying information from the electronic

ballot, rendering it impossible to link any ballot to any specific

voter;

(j)

is able to securely allow members to confirm that

their ballot has been received and counted;

(k)

is able to store electronic ballots in a secure

manner, keeping them accessible for the election official for

recount and inspection.

(8)

All votes shall be counted and tabulated by the election

official in public at a duly notified meeting for all warrant holders.

Any candidate and a representative of the Kamra tal-Periti may

witness the counting and tabulation of the votes.

(9)

The tabulated results of the election shall be promptly

reported to the Minister by the Kamra tal-Periti and shall be published

in the Gazzette as soon as possible.

(10) The candidate who obtains the most votes shall fill in the

vacant seat reserved in terms of article 10(1)(d) of the Act.

(11) In the first election carried out after the enactment of

these regulations, the candidate who obtains the second highest

number of votes shall sit on the Board for eighteen (18) months in

accordance with the proviso to article 10(3) of the Act

Provided that if the candidate who obtains the highest

number of votes belongs to the list of Periti Arkitetti, the candidate

who shall occupy the second seat shall belong to the list of Periti

Inġiniera Ċivili and vice-versa.

(12) In the case of parity in the election count for any vacant

position on the Board pursuant to article 10(1)(d) of the Act, the

election official shall select the member to sit on the Board by lot in

the presence of the candidates and a representative of the Kamra.

(1)

The Recognition of Academic Qualifications

(Periti) Regulations made under the Periti Act shall continue to apply

as in force before the coming into force of these regulations, until

revoked or amended, to any pending matter or procedure in

accordance with the provisions of the Periti Act.

(2)

Any warrant granted before the coming into force of the

Act shall, notwithstanding anything contained in the Act, remain in

force after the coming into force of the Act and shall be deemed to

have been granted under the Act and shall be governed by the

provisions of the Act.