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Maltese Laws |
A BILL
entitled
AN ACT to amend the Education Act, Cap.327.
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled,
and by the authority of the same, as follows:-
PART I PRELIMINARY
(Amendment) Act, 2006, and it shall be read and construed as one with the Education Act, hereinafter referred to as “the principal Act”.
(2) The provisions of this Act shall come into force on such date as the Minister responsible for education may by notice in the
Gazette establish, and different dates may be so established for different provisions and different purposes thereof.
commencement.
Amendment of Arrangment of the principal Act.
“ARRANGEMENT OF ACT
Articles
Short title | 1 | |
Interpretation | 2 | |
Part I. | General Provisions | 3-7 |
C 626
Deletes Parts II and IV of the principal Act.
Amendment of article 2 of the principal Act.
Part II. Constitutution and Functions of
Directorates of Education 8-22
Part III. The Teachers’ Profession 23-42
Part IV. Duty of the State to provide Education 43-48
Part V. Colleges of State Schools 49-62
Part VI. Establishment and Functions of
the National Commission for Higher
Education 63-71
Part VII. The University of Malta 72-84
PartVIII. The Malta College of Arts,
Science and Technology 85-112
Part IX. Officers and Staff of the Entities 113-115
Part X. Financial Provisions 116-124
Part XI. Other Provisions 125-136
SCHEDULES”.
11 to 15 and 22 to 27 shall be deleted.
there shall be inserted the following new definition:
“ “College” means a College of State schools as provided for in Part V of this Act;”;
(b) for the definitions “Council for Education” and “Director of Education” there shall be inserted the following definitions:
“ “curriculum” means the National Curriculum Framework for all schools at compulsory educational level as provided for by article 47 of this
Act;
“Directorate” means any Directorate set up in terms of articles 8 and 10 of this Act or any other Directorate as the Prime Minister
may establish under article 131 of this Act or under any other law;
“Director General” means the Director General appointed in terms of article 14 or in terms of any other provision of this Act
or of some other Act;
“education officer” means such officer as is authorised by the Director General of the Directorate for Quality and Standards in
Education to perform his duties as an officer in the Education Inspectorate set up in terms of article 18;”;
(c) immediately after the definition “employment” there shall be inserted the following new definition:
“ “entity” includes a Directorate, a College, the National Commission for Higher Education established under Part VI, the
institution for tourism studies referred to in article 132, and any Directorate, department, unit, agency or other organisation as
may be established by virtue of this Act or regulations made thereunder, or under any other law, and “entities” shall be construed
accordingly;”;
(d) immediately after the definition “Faculty Board” there shall be inserted the following new definitions:
“ “financial year” means the period of twelve months ending on the thirty-first of December of any year:
Provided that for the purposes of this Act the first financial year in respect of any entity shall consist of the period which starts
running on the date of the coming into force of the relative articles of this Act relating to such entity, and ending on the thirty-first
day of December of the following year;
“function” includes any responsibility, power and duty;”;
(e) for the definition “Minister” there shall be substituted the following definition:
“ “the Minister” means the Minister responsible for education, and includes, within the limits of any given authority, any
person who is specifically authorised by the Minister for any of the purposes of this Act, and “Ministry” shall be construed
accordingly;”;
(f) for the definition “national minimum curriculum”
there shall be substituted the following definition:
“ “officer” and “employee” include a public officer who is engaged to perform duties with any entity established under this
Act;
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C 628
Amendment of article 7 of the principal Act.
Addition of new Part to the principal Act.
(g) for the definition “permanent warrant” there shall be inserted the following new definition:
“ “person” includes a body of persons and any moral entity established by law;”;
(h) immediately after the definition “prescribed” there shall be inserted the following new definitions:
“ “principal” means the chief executive officer of a
College appointed under article 52 of this Act;
“public officer” has the same meaning as is given to it by article 124 of the Constitutution ;”;
(i) the definitions “scheduled school”, “Scholastic Tribunal”, “School Council” and “State School” shall be deleted,
and in the definition “school” after the words “whether by direct personal contact or through correspondence,” there shall
be added the words “at kindergarten level, primary, secondary, post-secondary, tertiary, or vocational levels,”;
(j) the words “assigned to it by subsection (2) of section
1 of this Act;” in the definition “special education needs” shall be substituted by the words “assigned to it by article 45(2);”;
(k) for the definitions “temporary warrant” and “warrant”
there shall be substituted the following new definition:
“ “warrant” and†“temporary warrant” means a warrant or temporary warrant granted in terms of Part III of this Act, and
warrant holder shall be construed accordingly;”.
5. For the words “national minimum curriculum ” in paragraphs (a) and (c) of article 7 of the principal Act there shall be substituted the words “National Curriculum Framework”.
“PART II CONSTITUTUTION AND FUNCTIONS
OF DIRECTORATES OF EDUCATION
Directorate for Quality and Standards in Education.
Functions of the Directorate for Quality and Standards in Education.
8. There shall be established a Directorate for Quality and Standards in Education under the responsibility, guidance and administration
the Director General. The mission of this Directorate shall be to regulate, establish, monitor and assure standards and quality in
the programmes and educational services in the compulsory educational levels provided by schools, whether State schools or not, as
provided for in this Act.
9. (1) It shall be the function of the Directorate for Quality and Standards in Education to generally regulate, guide, evaluate,
verify, research and report on the various elements and the results of the compulsory education system with the aim of assuring quality
education for all and in order to promote good practices in all activities related to such education in a national curricular framework
of lifelong learning.
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and duty:
(2) In particular this Directorate has the function
(a) to propose to the Minister a National Curriculum Framework which promotes a lifelong learning policy and strategy;
(b) to provide the required guidelines, among other things, for each school’s development plan for the better implementation
of the education policy and services, including the syllabi, the establishment of standards, performance assessment, and examinations;
(c) to ensure that all schools identify the educational training needs for the implementation of the curriculum and to ensure that
there is provided professional development that is regular and continuous at the level where this may be achieved in the most effective
manner;
(d) to ensure that all information, data and statistics required for the drafting and the planning of policy, strategies, guidelines
and directives in education are collated, compiled, analysed and researched, and, subject to any other law, take all necessary steps
so that these may be accessible to whosoever is involved and who may have an interest;
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(e) in support of the evaluation and the internal audit of every school, to implement every inspection, evaluation and external
audit of educational programmes and services, of the operations undertaken, of the physical environment of every school, and of the
results obtained by them, with an aim of ensuring that the curriculum is being followed in every school, that good practices are
being promoted, that the quality in and the coordination of each part and at every level of the educational system are ensured, and
also so that children and students are helped so that they might obtain in the best possible manner the set learning targets and
necessary skills;
(f) to evaluate and assess the operation and the results of colleges and schools and of any person teaching and working therein;
(g) to be responsible for the compliance with and implementation of the provisions of laws and regulations dealing with matters relating
to education;
(h) to evaluate the financial and economic aspects of the educational system;
(i) to ensure the application and the maximum use possible of information technology systems by whosoever is involved in teaching
and in imparting education in schools ;
(j) to receive and process applications for the issuing of a licence for the opening of a school, to advise the Minister on this
matter according to the provisions of this Act, and to keep a register containing the required details of every school which has
a licence issued by the Minister under this Act;
(k) to ensure that the national minimum conditions for all schools are being constantly observed and to investigate and take all
necessary steps required on any matter about which the Minister may consider the suspension or the withdrawal of a school licence;
(l) to implement any other matter required for the attainment of objectives and the execution of
Directorate for Educational Services.
Functions of the Directorate for Educational Services.
duties pertaining to the State as provided for by this
Act.
10. There shall also be established a Directorate for Educational Services under the responsibility, guidance and administration
of a Director General. The mission of this Directorate is to ensure the effective and efficient operation of and delivery of services
to the Colleges and State schools within an established framework of decentralisation and autonomy.
11. (1) It shall be the general function of the Directorate for Educational Services, in constant collaboration with the Colleges
and schools, to plan, provide and allocate the resources, human and otherwise, services, and learning tools, both of a pedagogical,
psychosocial, managerial and operative nature and other ancillary support tools, as required in State schools and educational istitutions,
and to encourage and facilitate their networking and cooperation.
(2) In particular, among its functions and duties, this Directorate shall:
(a) in conjunction with the Colleges and schools, plan, monitor and ensure the operation of Colleges and schools and shall strongly
support the fulfilment of the functions and the targets of the Directorate for Quality and Standards in Education as provided for
in this Act, giving priority to both services and support that ensure the development of students’ potential and skills, the implementation
of the National Curriculum Framework, and the development of the identity and the ethos of the Colleges;
(b) ensure the development of the building, the modernisation and regular maintenance of schools and educational facilities, and
ensure effective systems of capital projects management and maintenance in school buildings;
(c) allocate to the Colleges and to the schools such buildings, including sports facilities, educational and cultural spaces, furniture,
equipment, and the tools for technology, science, communications and
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information technology laboratories, and other tools, which would be needed with an aim of making the best use of them as teaching
and learning tools;
(d) within the limits of that which is possibble done, to place students in schools according to their needs and potential;
(e) anticipate the needs of professional staff, including teachers and other human resources, and to collaborate with the Directorate
for Quality and Standards in Education, with the University of Malta, with the Malta College of Arts, Science and Technology, and
with other istitutions, public and private, in order to ensure the training and development of teaching and non-teaching personnel
according to their needs;
(f) in conjunction with the Colleges, to ensure the engagement of the professional, administrative and support personnel in the
lightof the students’ needs and of the particular programmes of each school;
(g) promote, encourage and monitor the democratic governance of schools through school Councils with the active participation of
parents, teachers and students;
(h) promote, support and coordinate lifelong learning services and initiatives, including educational and cultural initiatives
within the community, e- learning and distance learning, adult education, evening classes and other initiatives relating to complementary
education and services for persons having specific learning difficulties;
(i) support and encourage schools and Colleges in the promotion of school library services, sports, drama, music and creative and
cultural activities within schools;
(j) promote and procure educational and cultural programmes within the context of lifelong learning with all available means of
mass communications, including distance learning;
(k) in collaboration with the Colleges, ensure the provision of effective services of counsellors, social workers, psychologists
and other professional persons according to the needs of students and their families;
(l) in conjunction with Colleges and schools, provide the resources required for inclusive and special educational programmes and
for other schemes related to disability and special individual educational needs;
(m) ensure the supply and the coordination of vocational and career guidance services, including the implementation of programmes
aimed at achieving improved school-workplace correlation and assist in the transition stages, including those from school to work;
(n) ensure the provision of services required to deal effectively with issues of good conduct and discipline, of child abuse, of
bullying and of drug abuse;
(o) promote the physical and mental health of students through health information and promotion, medical screening services and
to healthy life-styles programmes;
(p) ensure the provision of programmes, services and human resources required for a safe and secure environment in schools, both
for students, teachers and any person who is in the school, including the supply of a transport school service which may be required
for the students;
(q) support the Colleges in the organisation of special initiatives and projects, including those after school-hours;
(r) in the course of the preparation of the business plan of the Directorate, consider and discuss the development plans of colleges
and schools, facilitate formal budgeting of the Colleges, allocate the necessary finances within the limits of Government’s general
estimates, and ensure that the
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Common duties for all
Directorates.
allocated funds are being used to finance pre-identified priorities;
(s) be ultimately responsible to ensure the necessary compliance by Colleges and schools with the government financial and audit
policies, procedures and regulations;
(t) communicate the framework and the guidelines as approved by the Minister about the working conditions of the personnel employed
by Colleges and schools and keep the necessary information, records and documentation of such personnel and of financial transactions,
including those relating to the payment of salaries;
(u) administer State aid to non-State schools;
(v) ensure the fullest application and use possible of systems of information technology in the administration and operation of
Colleges and schools;
(w) ensure a customer care service at national level for students, parents and staff of State and Non- State schools and provide
guidance and clear procedures on how complaints should be made and be treated in an effective manner at the proper level;
(x) carry out any other function as may be other necessary for the attainment of the objectives and the fulfilment of the duties
pertaining to the State as provided for by this Act.
12. Subject to the preceding provisions, every
Directorate shall also:
(a) sustain an effective dialogue with whosoever is involved in the educational system and aim for widest consensus possible about
any matter which may be relevant to education;
(b) cooperate with local and foreign institutions, and encourage and facilitate a better participation in programmes, scholarships,
and the international exchange of students and personnel,
Respect for the diversity of
educational institutions.
Appointment of Directors General.
Directors General to be responsible for
Officers etc.
Exchange of information between the Directorates.
particularly in the institutions and programmes of the
European Union;
(c) keep informed and updated any person who is involved in the workings of the Directorates with Government policy, strategy and
priorities related to education within the country, and verify that these are being followed and implemented;
(d) generally give advice to the Minister on any matter relating to education and perform any other function, such as those provided
under this law or under any other law that the Minister may from time to time assign to the Directorate.
13. The Directorates shall, subject to their functions, respect the diversity of educational institutions, services and programmes,
and conduct a dialogue and collaborate with other colleges, schools, agencies and institutions, public and private, local and foreign,
about policies, initiatives and projects in order to ensure that the whole system operates effectively within the country.
14. The Directors General of the Directorates mentioned in the preceding articles in this Part of this Act shall be appointed by the
Prime Minister for a period of three years under such terms and conditions as may be stated in the letter of appointment. The appointment
of a Director General shall be made after a public call for which there may apply such persons who have the qualifications, the educational
experience and the qualities necessary for the management of these Directorates. When a term of office expires, such person may be
reappointed for a further period or periods.
15. Without prejudice to the provisions of this Act, the executive management, the administration and the administrative control
of the officers and employees of the Directorates shall be the responsibility of the Directors General.
16. (1) Every Directorate may request, collect and verify any information, data and statistics, as may be required for the performance
of its functions.
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Permanent Committee for Education.
Education
Inspectorate.
(2) A Directorate shall have access to all information which another Directorate, the Colleges and schools may possess and is entitled
to request and obtain all data it may require in order to be able to perform its functions from students, parents, personnel and
from public and private educational institutions and this data should be given to him within a reasonable time from when the request
is made.
(3) Every Directorate shall have access to other statistics and data of an economic and social nature as required in order that it
may perform its functions according to this Act.
17. (1) There shall be a Committee to be known as the Permanent Committee for Education, presided by the Minister, to discuss and
evaluate the policy, the strategy and the direction and the developments in the education sector and shall facilitate and ensure
the effective collaboration and coordination between the entities established under this Act, their agencies, and other public and
private educational institutions, and monitor and follow the implementation of the educational policy and strategy adopted by the
Government.
(2) The Committee shall be composed as provided for in Schedule IV attached to this Act, and the Minister may by regulations amend
this Schedule, and provide for any other matter or procedure he may deem necessary for the better implementation of the functions
of the Committee.
18. (1) The Directorate for Quality and Standards in Education shall have an Educational Inspectorate which provides a professional
service of support, guidance, monitoring, inspection, evaluation and reporting on the process of teaching in schools, on the application
of the curriculum , syllabi, pedagogy, assessment and examinations, and on the administration, and on the assurance and auditing of quality
in Colleges and schools.
(2) The Director General of the Directorate mentioned in the preceding subarticle shall have such Education Officers and other
officers as necessary for the execution of the functions of the Education Inspectorate
Power of entry and of inspection.
and those other functions which are related to the general implementation of this Act or of any regulations made thereunder, and
also to perform such work as may be necessary to assure and audit the quality in Colleges and schools, and to perform such duties
as may be ordered or as may be assigned to them by the Director General.
19. (1) Such officers, as may be duly authorised in writing by the Director General of the Directorate for Quality and Standards
in Education, shall have the power to enter in any College, school, class or place of instruction, and inspect and report on the
teaching process, the physical environment, and the observance of the conditions, standards, policies and regulations established
and made by virtue of this Act.
(2) Colleges, schools and educational institutions, public and private, shall provide any information and access requested by these
officers as they may deem necessary for the implementation of the functions of the Directorate for Quality and Standards in Education.
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(a) immediately after subarticle (8), there shall be added the following new sub-article:
“(9) In considering any application for a licence under this article, the Minister shall consult the Directorate for Quality
and Standards in Education should the request be in respect of a school of a compulsory educational level, and the National Commission
for Higher Education should the request be in respect of a school in the post-secondary, tertiary or vocational level.”;
(b) the present subarticle (9) shall be renumbered as subarticle (10), and for the words “The applicant for a licence under sub-article
(2) may appeal to the Scholastic Tribunal where – ” there shall be substituted the words “The applicant for a licence under
the subarticle (2) may appeal to the Court of
Articles 8, 9 and
10 deemed to be included in new Part II of the principal Act.
Amendment of article 20 as renumbered of the principal Act.
C 638
Addition of new Part III to the principal Act.
Appeal (Inferior Jurisdiction) according to the provisions of article 127 where – ”; and
(c) the present subarticle (10) shall be renumbered as subarticle (11), and immediately after the words “the decision refusing
the application” there shall be added the words “or the decision suspending or withdrawing the licence”.
Act there shall be inserted the following new Part:
“PART III
THE TEACHERS’ PROFESSION
Inter- pretation.
23. In this Part of this Act, insofar as the context does not otherwise require:
“adaptation period” means a period during which a person may exercise the teaching profession in Malta under supervision in a
licensed school, or in any other manner as the Council may decide, which period may include the provision of such further training
to such person, as may be required by the Council, and at the end of which an assessment shall be carried out;
“the Council” means the Council for the
Teaching Profession in Malta established by article
26;
“to practise” in relation to the teaching profession includes the taking up or pursuit of the teaching profession in Malta at
compulsory educational level linked with the curriculum;
“proficiency test” means a test, as may be required by the Council in accordance with the provisions of this Act, having the aim
of assessing a person’s ability to pursue the teaching profession in Malta;
“registered teacher” means a person who is registered in the official register of teachers kept by the Council and who has been
granted a warrant to practise the teaching profession, in accordance with article 29;
“teacher” means a person trained in the science of the educational process and in the use of the pedagogical skills in such manner
that such person has the skill to create an environment which motivates every student and succeeds to teach such student effectively
by motivating his aspirations for the highest values in life and help him develop creative and thinking skills according to his age,
his physical and intellectual development, and according to the potential of his skills and talents with the final aim that the student
trains himself to become a lifelong learner:
Provided that, for the purposes of this Part, and insofar as not otherwise provided in any other law, “teacher” does not include
any person who renders a teaching service in cultural, sport and religious sectors, insofar as this teaching is not being imparted
as an integral part of compulsory education in terms of the curriculum in a licensed school;
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24;
“warrant” means a warrant issued under article
“temporary warrant” means a temporary warrant issued under article 25.
Warrant required to practise profession.
24. (1) Subject to the provisions of this Part, no person can exercise the teaching profession against remuneration or hold
himself to be professionally qualified to do so unless such person is the holder of a warrant issued under this Act.
(2) A person shall not qualify for a warrant unless such person –
(a) is a Maltese citizen, or is otherwise permitted to work in Malta under any law; and
(b) is of good conduct; and
(c) has full legal capacity; and
(d) is in possession of
i) the Degree of Bachelor in Education; or
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Cap. 451.
ii) the Degree of Bachelor together with a
Post-Graduate Certificate in Education; or
iii) the Doctorate, Master’s or Bachelor’s Degree and a Master’s Degree, together with a certificate of a pedagogical course
organised by the Directorate for Educational Services established by article 10 of this Act or by any other institution which is
recognised by the Council; or
iv) any other professional qualification as the Council may deem comparable; and
(e) satisfies the Council that he has received adequate experience in the practice of the teaching profession under supervision
in a licensed school, or in any other manner as the Council may decide, for an aggregate period of at least two years full-time or
its equivalent in part-time following the completion of such degree or such other professional qualification as hereabove mentioned.
(3) The Post-Graduate Certificate in Education, Bachelor ’s Degree, Masters Degree and Doctorate mentioned in paragraph
(d) in the the preceding subarticle shall be a Post-Graduate Certificate in Education, a Bachelor’s Degree, a Master’s Degree
and a Doctorate awarded by the University of Malta.
(4) The Minister may prescribe, in place of any of the requirements established under the foregoing provisions of this article,
other requirements in terms of any international or multinational treaty or agreement entered into by Malta or with the provisions
of any legislation the binding force of which derives from any such treaty or agreement.
(5) Without prejudice to any provision made by or under the Mutual Recognition of Qualifications Act, where the duration of a course
leading to the professional qualification possessed by an applicant is less than the duration for the course leading to the Degree
conferred by the University of Malta or when the experience referred to in subarticle (2)(e) is less than two years, the Council
may require the applicant to undertake such adaptation period
Temporary warrant.
Council for the Teaching Profession in Malta.
not exceeding twice the shortfall, as the Council may specify. In addition the Council may also submit the applicant to a proficiency
test.
25. Notwithstanding anything contained in the provisions of this Part, the Minister may give a temporary warrant having a validity
of one year, that can be renewed to any person who, in the discretion of the Minister, has the necessary proficiency to teach in
Malta.
26. (1) There shall be a Council to be known as the Council for the Teaching Profession in Malta to be appointed by the Minister
and which shall consist of nine members as follows:
(a) a Chairman selected by the Minister from among persons who have the necessary qualifications to be appointed as magistrates
or judges;
(b) three members selected by the Minister from among practising registered teachers and who have at least eight years experience
in teaching and at least one of whom shall be from the non-State teaching sector;
(c) two members nominated by such associations registered with the Council according to the provisions of this Act, from among practising
registered teachers and who at least have eight years experience in teaching practice;
(d) two members from among a list of not less than four and not more than ten persons nominated by the University from among the
teachers of the Faculty where teaching and research are organised in the educational sector;
(e) a member from among a list of not less than four and not more than ten persons nominated by parents’ associations:
Provided that in relation to the first appointments, “teacher” means any person who is qualified to be registered under this Act:
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Provided further that for the purpose of paragraphs (c) and (e), the associations to be consulted or to make nominations in relation
to the first appointment shall be associations that have the qualification to be eventually registered under this Act.
(2) The nominations made in terms of the preceding article shall, for the first time, be made within two weeks from a request in
writing made therefor by the Minister, and for any subsequent nomination, within one month from the occurrence of any vacancy or
when the vacancy arises due to the expiry of the term of office, within one month prior to the said expiry. In the absence of any
such nomination, the Minister shall make the appointment from among teachers or parents as the case may be.
(3) Members of the Council shall hold office for a term of three years.
(4) Members of the Council shall, on the expiration of their term of office, be eligible to be reappointed, but they may not serve
the Council for more than three consecutive terms.
(5) In the event that any Council member vacates his office before completing the appointed term, the person appointed in his stead
shall be appointed for the unexpired period of the original appointment.
(6) The number of members attending necessary to form a quorum shall be four, but subject to the presence of a quorum, the Council
may act notwithstanding any vacancy among its members.
(7) The Minister shall designate a public officer to act as secretary to the Council, but such secretary shall not have a vote.
(8) The chairperson of the Council shall have both an original vote and, in the case of a tie, a casting vote.
(9) Save as aforesaid and as may be prescribed, the Council may make its own rules and otherwise regulate its own procedures.
Functions of the Council.
(10) The meetings of the Council shall be summoned by the Chairperson and the Council shall meet as often as may be necessary,
but at least once every three months.
(11) In the exercise of its functions under this Act, the Council may consult with such persons as it may deem appropriate. For
such purpose, the Council may invite any such person to attend meetings of the Council.
(12) The Council shall keep a true and correct record of all its proceedings and the Council shall give to the Minister such information
as he may require.
27. (1) Without prejudice to its other powers and functions, the purpose of the Council is to regulate the practice of, the
teaching profession in Malta, and in particular to –
(a) keep under review and assess education and training standards and on the fitness to teach of each person who chooses to practise
the teaching profession;
(b) advise the Minister in relation to standards and on education, the initial and continuing training of teachers, proficiency,
experience and qualifications required for holding and retaining a warrant under this Act;
(c) consider and advise the Minister with regard to applications for comparability and recognition of teaching qualifications;
(d) promote and encourage initiatives which ensure a continuing professional training and development programme for warrant holders;
(e) examine applications for a warrant to practise the teaching profession and make recommendations to the Minister on the award
or refusal thereof;
(f) keep an official register of all registered teachers and another register of those holding a temporary warrant given under
article 25, note therein
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Warrants.
any suspension, cancellation and reinstatement of a warrant;
(g) keep an official register of all teachers’
partnerships;
(h) keep such information as may be required in relation to associations representing teachers in Malta and which are, registered
under the provisions of this Act;
(i) make recommendations to the Minister, following consultation with the associations registered under the provisions of this
Act, on the code of ethics to be prescribed for the professional behaviour of teachers;
(j) inquire into any allegation of professional misconduct, gross negligence or incompetence by a teacher;
(k) advise the Minister on any matter on which the opinion of the Council is sought by the Minister, including any advice on persons
who practise the teaching profession while holding a temporary warrant;
(l) perform such other functions as may arise from this Act or any other law, or as may be assigned to it by the Minister.
(2) The Council shall, not later than three months after the end of each year, publish in the Gazette a list of persons or partnerships
who on the 31st December of the said year, were registered for the first time in the register of teachers or in the register of partnerships of teachers.
(3) The Council shall, in the performance of its functions, keep in consideration the public interest, and draw up and publish
an annual report concerning its general operations.
28. (1) Any person seeking to obtain a warrant to practise the teaching profession in Malta shall make an application to the
Council which shall be accompanied by
all information and relevant documents in support of the application, including certificates issued by the competent authority about
the comparability of qualifications and certificates of their authenticity as the Council may require.
(2) The Council shall make a recommendation to the Minister for the issue of a warrant as soon as it is satisfied that the applicant
satisfies the minimum requirements established under this Act.
(3) Where, following an adaptation period where necessary, the Council is satisfied that the applicant has successfully completed
his training, the Council shall make a recommendation to the Minister for the issue of a warrant.
(4) For the purpose of establishing whether an applicant has successfully completed his training as aforesaid, the Council may
submit the applicant to a proficiency test under the provisions of this Act or under regulations issued thereunder.
(5) The Council shall regularly draw the attention of registered teachers to their obligation to periodically carry out programmes
of continual professional development and of up-dating necessary for the standards and fitness to teach.
(6) The Council shall also periodically request registered teachers to provide it with the necessary information showing which
such programmes they have followed.
(7) Whenever the case may be, the Council shall draw the attention of a registered teacher of his failure to fulfil this obligation
as provided for in this article and shall give him reasonable time to comply therewith.
(8) When a registered teacher continues to ignore the request of the Council to follow programmes of continuous professional development
and of updating, the warrant pertaining to the warrant holder may be suspended until such time as the warrant holder proves that
he is fulfilling the requirements of the obligation provided for in this article.
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The Council to assess application for warrant.
Loss of warrant.
The Council may conduct inquiries.
29. The Council shall consider and make its recommendations on an application for a warrant to practise the teaching profession
as soon as is reasonably practicable, but in no case later than four months from the receipt of the application. On making its recommendations
to the Minister, the Council shall concurrently notify the applicant of its recommendations, together with the reasons upon which
these were based.
30. (1) A person shall not be qualified to obtain or shall not retain a warrant in terms of this Act 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 practise the teaching profession in
a school.
(2) Where a person loses his warrant following a conviction as is referred to in the preceding subarticle, notice of such loss
shall be given by the Minister in the Gazette and shall be communicated by the Council to the person disqualified, unless such person
has been interdicted by the judgement itself, and to the Head of school where such person is employed as the case may be.
31. (1) The Council shall inquire into any alleged professional misconduct, gross negligence or incompetence in relation to
a teacher.
(2) For the purposes of this article, the terms “professional misconduct”, “gross negligence”, or “incompetence”, include
the following:
(a) obtaining a warrant in a deceitful or fraudulent manner;
(b) contravention against the Code of Ethics established under this Act;
(c) failure to comply with regulations with respect to professional standards or practice;
(d) practice or assumption of professional competence for which the person is not qualified or the person concerned is not authorised
to practise in terms of his warrant;
(e) acting in a manner which may be detrimental to the teaching profession;
(f) displaying lack of skill in the practice of the teaching profession or in carrying out of a duty or obligation undertaken in
teaching practice.
(3) Any teacher who is the subject of any inquiry carried out by the Council shall be given all the opportunity to make his defence
and bring any evidence in his favour and for such purpose he may be represented by a lawyer or by any other person of his choice.
(4) On finalising the inquiry the Council shall –
(a) if it finds in favour of the teacher, dismiss the case; or
(b) if it finds the teacher guilty of the alleged professional misconduct, gross negligence or incompetence, make a report of its
findings and submit it to the Minister together with its recommendation for the imposition of any of the following penalties:
(i) suspension or cancellation of the warrant subject to such conditions as may be recommended;
(ii) suspension or cancellation of the registration of a partnership of teachers;
(iii) imposition of conditions to be attached to a warrant;
(iv) reprimand;
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Cap. 273.
Appeals.
(v) payment to cover the costs of the inquiry;
(vi) order the waiver, reduction or refund of any fees charged for services rendered; or
(vii) any other penalty as may be prescribed.
(5) On the cancellation of the warrant of a teacher the Council shall strike off the name of such person from the official register
of teachers.
(6) The Council’s decision whereby an application for a warrant is refused or whereby a warrant is suspended or cancelled shall
be notified in writing to the person who has filed the application or to the warrant holder, as the case may be, and to the College
Principal and to the Head of school where such teacher practises his profession as the case may be.
(7) For the purposes of this article, the members of the Council have the powers that are or may be conferred under the Inquiries Act, and shall conduct their inquiry as provided for in the same Act.
32. (1) Any person who feels aggrieved by the decision of the Minister, following the recommendations of the Council to refuse
an application for the issuing of a warrant, or whereby a warrant is to be suspended or cancelled, under the provisions of this Part,
may, within twenty-one days of the notification given to the Minister, appeal to the Court of Appeal in its inferior jurisdiction.
(2) Notwithstanding that an appeal has been instituted in accordance with the provisions of this article, the warrant shall be
considered as suspended or cancelled, as the case may be, pending the final decision of the Court of Appeal.
(3) The Minister responsible for justice may make regulations prescribing the fees that shall be payable in the Registry of the
Court in connection with appeals under this article:
Cap. 12.
Minister may reinstate warrant.
Association of teachers.
Provided that until such time as fees are so prescribed by the Minister responsible for justice, the fees payable with respect to
appeals to that Court shall be the fees applicable to the Court of Magistrates (Malta).
(4) The Board established under article 29 of the Code of Organization and Civil Procedure shall make rules establishing the form
of such appeals and any other matters related thereto.
33. The Minister may, on the recommendation of the Council, and upon application to this effect, restore the warrant to a person
who is disqualified to hold or who forfeits such warrant in terms of article 30, or remove such suspension or cancellation as recommended
in terms of article 31, if the applicant meets such requirements that may be prescribed. Where the warrant of the teacher has been
reinstated, such teacher is to be again registered in the official register.
34. (1) An association of teachers is an association of teachers established with the primary aim of promoting the principles,
values and standards related to the practice of the teaching profession.
(2) Any association of teachers may make an application to the Council to be registered as an association of teachers for the purposes
of this Act.
(3) An association shall be qualified to be registered under this article if it proves to the Council that it has a membership
of at least ten registered teachers and that it conforms with such other conditions as may be prescribed. An association shall submit
together with the application a list of members and such other information as the Council may require to process the application.
(4) The Council shall have the power to require any association registered under this article to produce such records and information
regarding the association and its members as the Council may reasonably require from time to time.
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Partnerships of teachers.
Conditions applying to a partnership.
35. (1) Two or more warrant holders may form a civil partnership, in this Act referred to as a “partnership of teachers”,
having for its exclusive object the practice of the teaching profession and such powers as are necessary for the attainment of the
objects of the partnership.
(2) No person, other than a warrant holder, may be a partner in a partnership of teachers.
(3) Any such partnership shall, when duly formed according to law and on payment of the prescribed fee, be registered with the
Council and upon registration the partners shall, for as long as it is so registered, be authorised to act in the name and on behalf
of the partnership which shall be entitled to the designation “Teachers” as part of its name.
(4) Every such partnership shall give to the Council such information as the Council may reasonably require or as may be prescribed,
and shall give notice to the Council of any relevant changes in any information previously given to the Council within fifteen days
after the date on which the change occurs.
36. Notwithstanding the provisions of any other law or any other agreement to the contrary, the following provisions shall apply
to a partnership of teachers under this Act:
(a) the partners shall be jointly and severally responsible for the actions and omissions of each and every one of them in the performance
of their professional duties, the maintenance of the required professional standards and conduct and generally in the fulfilment
of their obligations under this Act or any other applicable law, and shall also be jointly and severally liable for any loss or damage
resulting therefrom;
(b) any act or thing that may be done by a warrant holder may be done by one or more of the partners in the name of the partnership;
and any act or thing done in the name of the partnership shall be done by one or more of the partners;
Applicability of articles
to partnerships.
Offences and penalties.
(c) the responsibilities and liabilities for anything done or omitted to be done during the period in which a person was a partner
in a partnership of teachers shall not cease, in respect of such person, by his retirement, death or other cause by which he ceases
to be a partner.
37. The provisions of articles 30, 31 and 32 shall apply to partnerships of teachers as they apply mutatis mutandis to teachers.
38. (1) Any person who, for the purpose of obtaining a warrant or registering a partnership of teachers under the provisions of
this Act, knowingly gives any false information or otherwise acts in a deceitful or fraudulent manner, shall be guilty of an offence
and shall, on conviction, be liable to a fine (multa) not exceeding one thousand liri or to imprisonment not exceeding twelve months or to both such fine and imprisonment.
(2) Any person who is found guilty of any other offence against any provision of this section of this Act shall be liable on conviction
to a fine (multa) not exceeding five hundred liri, 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 five liri for each day during which the offence continues, subject to a maximum of two thousand liri.
(3) Any person who, not being the holder of a warrant or a temporary warrant issued under this Act, practises the teaching profession
or carries out any education practice in contravention of the provisions of this Act, shall be guilty of an offence against this
Act.
(4) Any person who uses the words “Teachers” in relation to a partnership of teachers where such partnership is not
registered in accordance with the provisions of this Act, or in any manner whatsoever makes use of a name falsely implying the existence
of a partnership of teachers registered as aforesaid shall be guilty of an offence against this Act.
(5) For the purpose of this article and subject to such regulations as may be prescribed, a person shall not be deemed to be in
contravention of the provisions of
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Administrative fines.
Minister may make regulations.
this Act if such person is practising the teaching profession during an adaptation period or when in training, in any case under supervision
in a licensed school or in any other manner as the Council may decide.
(6) Subject to the provisions of subarticle (5), no person or any other organisation shall employ any person other than a registered
teacher or a person holding a temporary warrant for the purpose of practising the teaching profession.
(7) The provisions of this Act establishing offences shall be without prejudice to the provisions of any other law establishing
offences and punishments in respect of the same acts or omissions and shall not, in particular, affect the application of any higher
punishment under any other law.
39. Where, following an inquiry under the provisions of article 31, the Council finds a teacher guilty of any breach of professional
conduct or of the Code of Ethics, the Council may impose such administrative fines as recommended to the Minister and that the Minister
may prescribe.
40. The Minister may, after consultation with the Council, make regulations not inconsistent with the provisions of this Part of
this Act, to give better effect to any of such provisions and generally to regulate the teaching profession, and, without prejudice
to the generality of the foregoing, such regulations may in particular include provisions with respect to –
(a) the establishment of education practice, standards, procedures and other duties and practices to be followed by teachers, either
generally or in particular fields of activity;
(b) the professional conduct and code of ethics of teachers and the standards of competency and integrity to be kept by the profession;
(c) the requirements, conditions and frequency in relation to the programmes of continuous professional development for the maintenance
of a warrant;
Saving.
(d) the work which can be performed and the services which can be rendered in terms of a warrant, and the terms and conditions which
can be attached to such warrant;
(e) the fees that may be charged by the Council in connection with the issue of a warrant, for the making of any registration under
this Act, and for any other operations that may be carried out by the Council in accordance with the provisions of this Act;
(f) the fees that may be charged by teachers for their professional services;
(g) the procedures to be followed in cases of professional misconduct;
(h) the engagement of persons who are employed to work in a school by virtue of a temporary warrant;
(i) the forms, conduct certificates and other ancillary matters connected with the application for a warrant, a test to establish
the legal capacity, the procedures connected with the nomination of members to the Council, and relating to any other procedure which
may be adopted by the Council;
(j) the appointment, composition and procedures of committees or sub-committees which the Council may feel necessary to appoint for
any one of its functions;
(k) any matter which is required or is authorised by this Act to be prescribed.
41. (1) Any person who on the coming into force of this Part is in possession of a permanent warrant obtained under Part II
of the principal Act before the entry into force of this Part shall be deemed to be a warrant holder with the same rights and obligations
inasmuch as such warrant had been issued in accordance with the provisions and conditions of this Part.
(2) Any person who on the date of the coming into force of this Part
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Warrant
holder may return
warrant.
(a) qualified for a permanent warrant under the provisions of article 11 (3) (b) of this Act before having been amended; or
(b) was practising the teaching profession in any school by virtue of a temporary warrant and had been practising as such for not
less than eight scholastic years, and is eligible to apply for a permanent warrant under the provisions of article 11 (3) (d) of
this Act before having been amended due to the fact that such person had practised the teaching profession in a school in Malta for
a period of not less than fifteen years and in the opinion of the Minister such person has the necessary academic skill, shall still
be qualified to be given a warrant inasmuch as such person was qualified under the provisions of this Part after having completed
fifteen years practice.
42. A warrant holder may return his warrant to the Minister and request that his name is cancelled from the register of teachers.”.
Amendment of the heading to Part
III, renumbering of articles 16 to
21 of the
principal Act and amendment of articles 43 to 45 as renumbered of the principal Act.
43 to 48 of the said Part.
(b) The words in article 43 (1) as renumbered of the principal Act “and who do not have special educational needs, or who have
not qualified for secondary education” shall be deleted.
(c) The words in article 44 as renumbered of the principal Act “and who do not have special educational needs” shall be deleted.
(d) (i) For sub-article (1) of article 45 as renumbered of the principal Act, there shall be substituted the following words:
“(1) “Without prejudice to the provisions of article 58 of this Act, it shall be the duty of the State to provide resource
centres, whose specialised role will include provision for children with individual educational needs who would benefit more from
being in such centres than in mainstream schools, for such time as may be appropriate depending on their needs.”; and
(ii) For the words in subarticle (2) of article 45 as renumbered of the principal Act “when that minor has special difficulties
of a physical, mental or psychological nature.” there shall be substituted the words “when that minor has special difficulties
of a physical, sensory, intellectual or psychological nature.”.
(a) in the Maltese text thereof, for the word “curriculum” wherever it appears in the marginal note and in the present subarticles (2) and (3) thereof, there shall be substituted the word
“kurrikulum”;
(b) for subarticle (1) thereof there shall be substituted the following:
“(1) Subject to the provisions of subarticle (2), it shall be the duty of the Minister, after receiving the proposals and the
advice of the entities established by this Act, and after consultation with whosoever is involved in the development of the country,
to establish the framework of the national curriculum both for State schools and for non-State schools at compulsory educational
level and it shall be the duty of all schools to accomplish this curriculum according to the potential and the various skills of
students attending thereat and according to the ethos, the identity and the character of the particular school or College.”;
(c) subarticles (2), (3) and (4) shall be renumbered as subarticles (3),(4) and (5) respectively;
(d) immediately after subarticle (1) there shall be substituted the following new sub-article:
“(2) The Minister shall monitor the curricular activity of the educational Directorates and of every College and school and has
a right to request any data and report and to take such measures as may result to be required in order to ensure that school teaching
is being imparted according to the philosophy, vision, strategy, principles, objectives, standards, and bench-marks established by
the curriculum.”; and
C 655
Amendment of
article 47 of the principal Act.
C 656
Addition of new
Part V to the
principal Act.
(e) in subarticle (4) as renumbered for the words “school council may request the Minister to include in the curriculum of that school” there shall be substituted the words “College or school council may request the Minister to include in the curriculum of that College or school”.
“PART V
COLLEGES OF STATE SCHOOLS
Colleges.
Legal personality and
juridical representaton of the
Colleges.
Functions of the
College.
49. With an aim of improving the quality, standards, operation, initiatives and educational results in State schools, there shall
be established those Colleges, in such manner as it may from time to time appear to the Minister to be necessary in Malta and in
Gozo, which shall network within them State boys and girls schools, and which would ensure educational experience and services in
a full and continuous process starting from early childhood education, and through the primary and secondary levels. Every College
shall be under the responsibility, guidance and administration of a Principal.
50. (1) Each of the Colleges established under this Part of this Act is a body corporate having a legal and distinct personality
and which may, subject to the provisions of this Act, enter contracts, acquire, hold and dispose of any kind of property for the
purposes of its functions, or to sue or to be sued, and to perform all such matters and such operations which are incidental or conducive
to the exercise or the execution of its functions under this Act.
(2) The juridical and judicial representaton of every College mentioned in this article shall vest in its Principal, provided that
each Principal may appoint any one or more of the officers or employees of the respective College, to appear on his behalf and in
his name in any judicial proceedings and on any deed, contract, instrument or other document of whatsoever nature.
51. It shall be the function of each College to:
a) Ensure that students entrusted to the schools within the College receive their educational entitlement according to their potential
in a full, continuous and smooth process of education from an early age to the end of compulsory education in the perspective of
lifelong learning and inspired by the highest human values.
b) Ensure the responsibility and the accountability of whosoever is involved in the schools in the educational process of the students.
c) Develop the character and identity thereof and ensure the improvement of the quality of the educational provision in schools
by promoting, achieving and maintaining high results and standards by all College members and students.
d) Promote dialogue and a team culture among the Heads and school staff through cooperation, especially with regard to initiatives
and problems relating to the College as a whole.
e) Ensure that the National Curriculum Framework is translated into an appropriate curriculum for College students and that this
is implemented in all its schools with the best methodologies, including an extensive use of the information and communication technology
as a pedagogical tool.
f) Ensure the promotion and dissemination of a culture of evaluation within the schools of the College, including the implementation
of a process of internal educational auditing and of a full participation in the external quality assurance processes.
g) Ensure a professional development process for teachers and monitor the operation, administration and general conduct of the
schools within the College.
h) Ensure the supply of resources, services and facilities needed by those who are involved in teaching and learning, including
libraries and specialised centres of resources, while facilitating, wherever it is
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deemed to be opportune, the common use of these resources, services and facilities.
i) Ensure that whosoever works in the schools of the College functions effectively in such manner to ensure a healthy culture of
good conduct and of discipline and also a secure and safe environment.
j) In conjunction with the Directorate for Educational Services Directorate, ensure the timely recruiting of human resources which
schools require, the organisation of induction courses for new employees and of continuous professional development programmes for
all school staff, including teachers, administrators, professional persons entrusted with psychosocial and support services.
k) Ensure a policy and strategy for the development of schools within it as centres of lifelong learning and culture for the communities
of the children and students attending the schools of the College.
l) Promote the implementation of the national partnership policy of parents in school development and in the educational experience
of their children and create an effective home-school partnership.
m) Ensure that the College policies are followed and implemented.
n) Organise an effective customer care service, implement an effective comunication programme, and treat the complaints of students,
parents and teachers according to the guidelines and policies issued by the Directorates.
o) Promote and facilitate the organisation of common activities in such sectors like sports and physical education, culture, drama,
music and arts, and crafts, the environment, healthy life-styles, creativity and entrepreneurship.
College
Principal.
Functions of the
College
Principal.
p) Ensure the coordination of research activity, including action research, both between the College schools and between the Colleges.
q) Promote contact with child care centres to facilitate the smooth transition between early childhood and the entry into kindergarten
centres and schools.
r) Promote and encourage culture and a wholesome mentality in favour of creativity, entrepreneurship, proactivity and a positive
attitude towards change.
52. (1) Every College shall have a Principal who shall be the Chief Executive Officer of the College and who shall be responsible
to the Directors General as regards the performance of his functions and of the College according to respective issues, and to the
College Board where matters are incumbent on the Board according to its functions.
(2) The Principal shall be appointed by the Minister on the basis of a definitive and renewable contract, with a selection process,
following a public call made by the Directorate for Educational Services, and for which there may apply persons having the professional
qualifications and the required educational experience and also the managerial and leadership skills for the networking and effective
coordination of schools falling within the College.
53. It shall be the duty of every College Principal to ensure that the functions of the College as provided for in articles 51
are being accomplished, and he shall in particular:
a) Create opportunities so that the Heads, teachers and other staff in schools may contribute to and exchange ideas, experiences
and good practice and collaborate on common educational programmes, projects, activities and initiatives.
b) Prepare a business plan for three years as well as the annual estimates of the College and its schools and apportion the funds
allocated by the
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The
College
Board.
Directorate for Educational Services according to the needs of the schools within the college as indicated in the estimates.
c) Be the mentor of the Heads of schools both when required to act in such manner and when it is so required of him.
d) Collaborate with the officers of the Directorates and with local and foreign institutions, in the initial training and continuous
professional development of teachers and staff of the schools.
e) Regularly present reports on the activity of the College and provide the necessary data to the College Board.
f) Preside over the Council meetings of Heads of schools and in the drawing up of the Council agenda he should give due consideration
to the proposals of the Heads of Schools which the Principal may deem to be opportune to include in the Agenda.
54. (1) Every College shall have a Board appointed by the Minister and which shall be composed of not less than five, but not
more than seven, members one of whom shall be appointed President. The members of the Council shall be appointed for three years
provided that when the term of office of a member expires he may be reappointed for a further term or terms.
(2) The Minister shall appoint the members of the Board from among persons who in his opinion may give a valid contribution to
the College and that in making such appointments he should seek to ensure a balanced mix of skills and experiences, such as personal
initiative, commitment in education as a parent, educational leadership or leadership in the community, business skills, and a civic
spirit.
(3) The College Board is a consultative Board, with the function of supporting the College, to acquire the services and the resources
required for the implementation of its functions, and to monitor that these functions are being performed.
Council of
Heads of
Schools.
(4) The Principal shall report regularly to the Board on the performance and operation of the College and point out any matter
about which advice would be required to be given. The Board is entitled to request information about the functioning and the development
of the College and the Principal is duty bound to procure the required data. The Board shall discuss the Business Plan and the Financial
Estimates of the College prior to their presentation to the Directorates for their consideration. The Board shall contribute towards
keeping the College close to the world of work, the economy, and the communities to which the students belong.
(5) The Principal shall participate as of right in every Board meeting while an officer of the College shall be the Secretary,
provided that either or both shall withdraw from the meeting should the Board discuss matters connected with their conduct and performance.
The Principal and the Secretary shall always have the right to make their case.
55. In each College there shall be a Council of Heads of Schools forming the College to be presided by the Principal. The Council
shall:
a) Nurture a spirit of collegiality in the running of the College as a network of schools while developing a common ethos and identity.
b) Identify the training needs of school staff and plan staff development opportunities which may be achieved at College level
for its schools.
c) Ensure an exchange of experiences of the School Development Plans, Performance Management Programmes, and policies and practices
with the participation of the school community as required.
d) Ensure that the national policies on matters of education, including those relating to good conduct and discipline in the schools,
the safeguarding against child and substance abuse, absenteeism, inclusive education, and any national policy which the Minister
may from time to time adopt, are well understood by all the teaching and non-teaching staff, and that they are being effectively
followed.
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Partnership within
Colleges.
e) Encourage and facilitate the development of exchanges and projects in partnerships with other schools in Europe and in any
other country.
f) Ensure that parents become partners and active collaborators in the education of their children and at school and promote lifelong
learning among both parents and the community generally.
g) Ensure that schools make proper use and share the resources, facilities and services and that they develop the partnerships
required for the provision of particular technical support or assistence.
h) Ensure that schools participate and support the operations performed by the Education Inspectorate.
i) Receive and discuss reports presented by the Principal or by any Head of School and also other reports which the Principal or
the Council requests or receives.
j) Keep record of the proceedings and decisions adopted during the Council meetings.
56. (1) The College Principal shall seek to create partnerships with other non-State colleges or schools and conclude an agreement
of collaboration in favour of the education of students.
(2) The Principals or Heads of such non-State colleges or schools which reach a partnership agreement with the College shall be
entitled to participate in the Council of the Heads of the College and to work in conjunction with the Heads of State schools within
the College on educational matters of reciprocal interest and benefit.
(3) A partnership agreement such as the aforementioned agreement shall provide for opportunities of collaboration, the use of
common resources, and exchanges of experience, good practice and educational programmes.
Autonomy of
Colleges.
Inclusive
education.
57. (1) The Minister and the Directorates shall promote the application of the principle of subsidiarity in the management and
administration of the Colleges, within a framework of decentralisation and autonomy of the educational operation and services given
by the Colleges and their schools according to the priorities, targets and national strategies adopted by the Government.
(2) Subject to the provisions of this Act, the Minister may give such directives and make such regulations as he may deem to be required
in order to delegate in a clear manner educational functions to the Colleges and establish the parameters of the function and the
effective accountability of every officer or employee involved in the exercise of the delegated function, of the decentralisation
and the autonomy of the application of the functions entrusted to schools and Colleges.
58. (1) The Minister shall ensure that the national policy on inclusive education is being applied in all schools and that there
are available the resources, tools and facilities required so that this might be given as effectively as possible.
(2) The Minister shall ensure the existence of specialised centres of resources which support schools and Colleges in the implementation
of the policy of inclusive education, which give a service to students having specific learning difficulties, and others which provide
education and training services to students with special needs whose educational entitlement may be better achieved in such centres.
(3) For the purposes of the preceding subarticles hereof, the Minister may give such directives and make such regulations as may
in his opinion be required to provide students with special needs, including the multi-disciplinary assessment of their condition,
the process of statementing, the formulating and the application of an individual educational programme, special arrangements on
the assesment, tests and examinations of concerned students, the programmes in specialised centres of resources or special schools,
the application of therapies or the giving of medicines as prescribed by competent professional persons according to any law in force
to students with special needs while at a school or centre,
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Arts,
music,
drama and sports in
education.
Schools as community learning
centres.
School Council and
Students’ Council.
Good
behaviour and
discipline in the
schools.
means for the reconsideration of and appeals from decisions on an application for the statementing of a student, and on any other
matter connected with the implementation of the policy on inclusive education.
59. (1) Every College and school shall, since early childhood, ensure programmes and activities of arts, music, drama and sport
with an aim of fostering in students an inclination and appreciation towards them, and to exploit all possible elements of the arts,
music, drama and sports for the purposes of the pedagogical tools and the educational experience for the better development of the
skills, talents and all various capabilities of the students.
(2) The Minister shall ensure the existence of schools for the teaching of the arts, music, drama and sport, and also ensure that
these work in an effective network between them and in effective cooperation with Colleges, schools and with institutions and centres
of the arts, music, drama and sports established by law or in any other manner.
60. The Minister may give such directives, institute such programmes and make such regulations as he may deem to be required so
that the facilities of the Colleges and of the State schools can be used as community centres for young children, and so that they
may also be used at all times outside normal school working hours for programmes of complementary and supplementary educational support,
for each activity of physical exercise and sports education, and for cultural activities of arts, music and drama, for children,
students and adult persons.
61. Every school, whether it is a school within the College or not, shall have a School Council which shall be composed of parents
and teachers, and a Students’ Council which shall be composed of and selected, and which shall have the functions, duties, powers
and procedures such as the Minister may from time to time establish by means of regulations .
62. (1) Subject to the provisions of this Act, the Head and the teaching and non-teaching staff of a school, including whosoever
directly or indirectly is involved in the educational process of students in the school, shall be responsible for the teaching and
the education of students and for the keeping of discipline in the school and they
shall be responsible for the foregoing to the Principal, the officers of the Directorates and to the Minister.
(2) It shall be the duty in the first instance of parents to ensure the motivation of their children for education and their disposition
for good behaviour and discipline, and for this reason they are bound to cooperate fully and with due respect with the Head and teachers.
(3) The Minister may, in order to give the best effect and ensure the implementation of the duties mentioned in this article, make
regulations and policies and give directives about the emotional and behavioural difficulties encountered by students, including
those to provide for the services and the resources required, for the establishment of learning support zones in the school and of
learning support centres outside the school, for the transfer of students from the class and the school to these zones and centres,
for the suspension and the exclusion of students from the class and the school as part of a process of discipline and reintegration,
for the means of making an appeal and for the reconsideration of decisions on discipline taken by competent authorities, for the
adoption by the College and school of the code of discipline, and for any other matter ancillary thereto as may be required.
(4) Subject to the provisions of this Act or of any other law, the regulations and the code of discipline mentioned in the preceding
subarticle hereof may include provisions about the conduct and the discipline regarding teachers, other school staff, visitors to
a school and parents.”.
“PART VI ESTABLISHMENT AND FUNCTIONS OF THE
NATIONAL COMMISSION FOR HIGHER
EDUCATION
C 665
Addition of new
Part VI to the principal Act.
Interpretation.
63. In this Part of this Act, unless the context otherwise requires –
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“advanced education” means further education and it includes all formal education of persons above the compulsory school age generally
up to ISCED level 4 or NQF level 5;
“advanced education institution” refers to any public or private school, college or institute, providing further education, including
a general or vocational education, and it includes higher secondary schools, sixth form schools or colleges, vocational colleges,
and further education franchises;
and “advanced education sector” shall be construed accordingly;
“accreditation of programmes or institutions” refers to the process, relying on internal quality assurance processes as well as
external quality audits, of accrediting an institution of education and, or training, or a programme of study, or a service, showing
it has been approved by the competent authorities by having met local and international standards;
“approval” includes the administrative process in accordance with the provisions of this Act or of any other law for the licensing
and periodic reporting required from institutions to establish themselves or to attain or maintain a specific institution status,
about decisions whether a course or programme qualifies or not for an academic degree, or whether an institution has the right to
confer national qualifications and degrees;
“authorisation” refers to an official decision that an education and training programme gives the right to practise a certain
profession, trade or other work;
“benchmark” refers to a point of reference whereby a comparison of results between subjects, programmes, themes or institutions
and leading to an exchange of experience and best practice;
“the Commission” means the National Commission for Higher Education established by article 64;
L.N.
347 of
the 2005.
“evaluation” refers to periodic appraisals on the improvement of actions, structures, programmes, outcome, certification, systems
of accountability, accreditation of institutions or courses;
“higher education” includes activities and programmes of teaching, training and research at tertiary level, and in terms of teaching
includes the Diploma, Bachelors, Masters and postgraduate Doctorate levels, and also comprises education provided by universities,
institutions, colleges, and franchises of higher education providing courses at and above ISCED level 5, or at and above NQF level
6; and “higher education sector” shall be construed accordingly;
“higher education institution” refers to any public or private institution providing higher education, and “higher education
sector” shall be construed accordingly;
“institutions” means institutions of advanced education or of higher education;
“ISCED level” means the level of the International Standard Classification of Education (ISCED) adopted in the 29th Session of the General Conference of the United Nations Organisation for Education, Science and Culture (UNESCO) in 1997;
“NQF level” means the levels of qualifications and competences adopted by the Malta Qualifications Council Regulations, 2005
which among them form the National Qualifications Framework, NQF;
“quality assurance” refers to systems which:
(a) safeguard the quality of an further and higher education within the economic, social and cultural context, both on a national,
European and international level;
(b) ensure the use of appropriate measures as a means of improving the quality of teaching, learning and training in research;
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Establishment of the
National Commission for Higher Education.
Aim and functions of the Commission.
and (c) to communicate the outcome of such findings within an internal and external framework of accountability;
“quality audit” refers to an external evaluation process of internal quality assurance mechanisms, adopted by an institution for
its own use in order to continuously monitor and improve the activities and services of a subject, a programme, theme or the whole
institution;
“recognition” means the process of granting official status to skills and, or competences either through the award of certificates
or through the grant of comparability, credit units, validation of gained skills and, or competences.
64. (1) There shall be established the National Commission for Higher Education, which through a structured dialogue:
(a) ascertains the needs and the aspirations of further and higher education institutions,
(b) informs the public of issues connected with sustainable development of further and higher education sectors in Malta in order
to meet the needs of society, and
(c) gives advice to the Government on any matter which is connected with the further and higher education sector.
(2) The affairs and activities of the Commission are under the direction of the Commission and are dealt with by the members of the
Commission and for this purpose shall be represented by the President who shall be able to speak and act on its behalf.
65. (1) The Commission shall:
(a) Formulate the guiding principles for further and higher education, and propose a clear vision and sustainable strategic targets
and objectives for the further and higher sector of education.
Duties of the Commission.
(b) Research, analyse, review and, through the Minister, give advice to the Government on the development, planning and governance
of the further and higher education policy.
(c) Evaluate, approve, accredit, authorise and recognise systems and policies where the quality of the institutions and their programmes
is assured.
(d) Recommend financing policies, and alternative financing systems, of the further and higher sector of education, while addressing
the issue of the adequacy of this financing and of the accountability of the sector.
(e) Propose policies which are related to students on sustainable options, equity in access and mobility in the institutions, financial
support, services of information and guidance about pathway development for students.
(f) Recommend policies related to research, innovation, intellectual property, and knowledge transfer.
(g) Draft policies related to the international dimension of further and higher education and to the expansion and diversification
of their provisions.
(h) Advise and, where the case shall so require, make such recommendations as may appear to be required, to the Government and
to the institutions, on any matter or other issue related to further and higher education.
66. In reaching its aims, the Commission shall:
a) Develop and promote a structured dialogue among the institutions in the further and higher education sector and with relevant
stakeholders in the socio-economic development, including students and their organisations.
b) Keep a regular dialogue with international experts on policies, startegies and current sectoral developments.
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Powers of the Commission.
Commission to have full access to required information.
c) Collect information, data and statistics as required for the performance of its functions.
d) Publish studies and thematic reviews which it deems to be important as relating to:
i) National Strategy for Further and higher Education;
ii) Key Performance Indicators on the Further and higher Education Sectors in Malta; and
iii) Benchmarking performance against international developments.
e) Compile and send to the Minister an annual report, not later than six weeks after the end of each financial year, on its activities
during that year.
f) Maintain and publish an updated register of authorised and accredited institutions and programmes available in Malta.
g) Act on specific requests made to it by the Minister on its objectives and functions as explained in this Act.
67. (1) The Minister shall consult with the Commission on all proposed changes in legislation connected with further and higher
education.
(2) The Commission may act on its own initiative and make such recommendations to the Government which it deems to be fit on this
educational sector.
68. (1) The Commission shall have full access to all information available to further and higher public educational institutions
and it shall have the right to request all data it may require both from public and private institutions and this data shall be transmitted
to it within a reasonable time from when it was requested.
(2) The Commission shall have access to statistics and to economic and social data as required so
Composition of the Commission.
that the Commission and its Secretariat may be able to perform their functions in accordance with this Act.
69. (1) The Commission shall be composed of not less than seven and not more than nine members to be nominated by the Minister
and appointed by the Prime Minister for a period of three years and the members shall be eligible to be re-appointed after their
term of office expires. All members of the Commission shall serve in their personal capacity.
(2) The Prime Minister shall appoint from among the members a Chairman and a Deputy Chairman. In the case when the Chairman is
abroad or for any other reason, for a temporary period, is unable to perform his functions, the Deputy Chairman shall act as Chairman
and shall perform the powers and functions of the Chairman.
(3) The members of the Commission shall be persons holding a degree from a recognised University, and whom, in the opinion of the
Minister, possess leadership qualities, and have an understanding in further and higher education within the context of the general
socio-economic development.
(4) A person shall not be qualified to be appointed or hold office as member of the Commission if such person:
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a) is a member of the House of Representatives;
or
b) is a serving as ajudge or magistrate; or c) is legally incapacitated; or
d) has been declared to be in a state of bankruptcy or has entered into a composition or agreement with its creditors; or
e) has been convicted of an offence against this Act or affecting public trust or theft or fraud, or having knowingly received
property which had been acquired by theft or fraud;
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f) has any financial or other interest in any entraprise or activity which may af fect the performance of its functions
as a member of the Commission:
Provided that the Minister may set aside such disqualification of a person under this paragraph if such person declares having any
such interest and both that declaration and that setting aside of the disqualification are published in the Gazzette.
(5) Subject to the provisions of this article, the office of member of the Commission shall be deemed to be vacant:
(a) on termination of the term of his appointment, or
(b) should there arise circumstances which, were this person not to be a member of the Commission, such person would be disqualified
from being appointed as such.
(6) A member of the Commission may at any time be removed or suspended from office by the Prime Minister on the grounds of inability
to perform the functions of his office as required, either because of mental or physical illness, or for any other reason due to
which the member would no longer be fit to occupy such office or due to bad conduct.
(7) A member of the Commission may resign from his office through a letter addressed to the Prime Minister. If any member tenders
his resignation or is removed from his office by the Prime Minister or should the office of any member of the Commission become in
any manner vacant, the Prime Minister may appoint a qualified person to take up this post; and any person who is so appointed shall
keep on occupying that post up to the termination of the term of office of the person being so substituted and such person shall
be eligible to be re- appointed.
(8) A member of the Commission having a direct or indirect interest in any contract made or proposed to be made by the Commission,
insofar as such interest is
Commission
Secretariat.
not of a kind due to which the member may be disqualified from continuing to hold that office, shall reveal the kind of his interest
in the first sitting of the Commission after having come to know of the relevant facts. Such matters as are revealed are to be registered
in the minutes of the sitting of the Commission, and the member concerned shall withdraw from the sitting while such contract is
being discussed. Such matters as have been revealed are to be forwarded to the Minister without delay. When such interest as the
member may have is such that it may lead to his removal from office, the member shall immediately report the fact to the Minister
and, without prejudice to the provisions of subarticle (4) (f) of this article, he shall offer to tender his resignation.
(9) Any absence or vacancy among the members of the Commission, or any participation in its meetings by any person who is not entitled
to such act, does not invalidate the procedures of the Commission, insofar as there is a quorum of not less than one-half of the
number of members of the Commission.
(10) Subject to the provisions of this Act and of any regulations made thereunder, the Commission may appoint committees and generally
regulate its own procedures.
(11) The Commission shall appoint a Secretary to keep minutes and a record of the meetings and of its decisions.
(12) The Commission shall take all necessary precautions and treat information on commercially sensitive matters in a highly confidential
manner in its relations with both public and private institutions.
(13) The Minister may, after consulting the Chairman of the Commission, make regulations regarding the procedures to be adopted
by the Commission in its operations.
70. (1) There shall be established by the Commission a Secretariat which shall be answerable to the Commission to follow up and
execute its decisions, provide the necessary information and administrative, technical, and research support required by the Commission
to perform its functions.
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Appointment and duties
of the Chief Executive Officer and other officers of the Secretariat.
(2) The Secretariat shall annually prepare a business plan for the consideration and approval of the Commission. Such plan shall
explain the guidance and operative policies which the Commission would be adopting and outline the planned work and activities of
the Commission and its Secretariat.
71. (1) The engagement and the termination of the engagement of the officers and the employees of the Commission and of the
Secretariat shall be a function of the Commission which acts through the Chairman after due consultation with the Chief Executive
Officer.
(2) Subject to the provisions of this Act and to all directives of the Commission, the executive and administrative affairs and
the organisation of the Commission and of the Secretariat, and the administrative control of its officers and its employees, shall
fall within the responsibility of the Chief Executive Officer .
(3) The Chief Executive Officer shall also be responsible for the implementation of the purposes and the functions of the Commission,
and without prejudice to the generality of the aforesaid he shall develop such strategies, policy and regulations required for the
implementation of the purposes of the Commission, provide information and give advice to the Council on any matter according to such
matters as he may deem necessary or expedient, and perform such other duties as are assigned to him from time to time by the Commission.
(4) The Chief Executive Officer shall be appointed by the Commission, with the approval of the Minister, under such terms and conditions
as the Commission may estabilish in agreement with the Minister.
Amendment of Part V of the principal Act.
(5) The Chief Executive Officer shall report to the President and to the Commission and attend the Commission’s meetings whenever he is invited to do so.”.
“PART VIII
THE MALTA COLLEGE OF ARTS, SCIENCE AND TECHNOLOGY
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Addition of new Part VIII to the principal Act.
Interpretation.
Incorporation of the Malta College of Arts, Science and
Technology.
85. (1) In this Part of this Act, unless the context otherwise requires–
“Administrative Director” means the person appointed by the Board of Governors to perform such duties as are indicated in article
105;
“Board of Governors” means the Board of
Governors established by article 92;
“Bureau” means the Administrative Bureau established by article 96;
“the College” in this Part means the Malta College of Arts, Science and Technology incorporated by article 86;
“the Council” means the Council of the Institute established by article 91;
“Board of Studies” means the Council of Studies of the Institute established by article 98;
“Institute” means every Institute established by virtue of articles 90(d) and 93;
“President” means the President of the Board of Governors appointed by virtue of article 91 (2) and any person who temporarily
occupies that office;
“Principal” means the College Principal appointed by the Board of Governors to perform the duties indicated in article 91 (2)
and any person who temporarily occupies that office.
86. The Malta College of Arts, Science and
Technology, established by Public Deed of the 11th August,
2000, is being re-established and incorporated in this Act
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Legal personality and juridical
representaton of the College.
Official languages.
Purpose of the College.
to implement the mission to provide studies and training for education in the vocational and professional sectors.
87. (1) The College shall be a body corporate having a distinct legal personality and shall be capable, subject to the provisions
of this Act, of entering into contracts, of acquiring, holding and disposing of any kind of property for the purposes of its functions,
or 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 under this Act.
(2) The legal and juridical representation of the College shall jointly vest in the Principal, provided that the Board of Governors
may appoint any one or more of its members or of the officers or employees of the College to appear in the name and on behalf of
the College in any judicial proceedings and in any act, contract, instrument or other document whatsoever.
88. Maltese and English are the official languages of the College. The College administration may use either of both languages
for official purposes.
89. (1) The College shall in a general manner ensure the existence of educational institutions accessible to all, and to establish
such facilities and such programmes of education and training, and of work and practical experience which the College may deem necessary
to provide all with the opportunity to qualify in trades, skills, artisan or technical or commercial activities, and in the professions
according to the socio-economic needs of the country in a lifelong learning curriculum framework and holistic personal development.
(2) The College shall organise instruction and training at the required levels, including the levels established by a National
Council for Vocational and Professional Qualifications when it is set up.
(3) The College shall ensure optimum quality at all levels, and shall therefore ensure that whosoever successfully terminates any
instruction and training leading to the attainment of a certificate at any level shall have the required educational basis so as
to be able to satisfy the
established standards before proceeding any further to the next level.
(4) The College shall ensure, in such areas as may be possible and according to the possibilities of the College, access to each
person at first level independently from any academic qualifications, and shall have special programmes to serve as an aid for any
person to achieve the required basic education so that such person may continue and terminate successfully such level according to
established standards, and with this aim the College shall provide accreditation of prior learning schemes.
(5) The College shall provide teaching and training programmes to help persons acquire qualifications according to their needs,
including by distance learning and other programmes which are imparted by any effective means and from any suitable place whatsoever
according to the objective of the particular programme.
(6) The College shall in a particular manner: (a) promote Malta’s vision as a hub of cultural,
industrial, commercial and services activity for all
regions of the world and in particular for the Euro- Mediterranean region;
(b) train its students in being able to appreciate and exploit the challenges and opportunities which the accelerated process of
the global economy is bringing along with it as a result of the advances being made in the areas of communication, information technology
and science;
(c) cultivate a culture of creativity, innovation, entrepreneurship, excellence and flexibility sustained by the values of commitment,
dedication and integrity at a person’s place of work and in the exercise of a profession;
(d) foster among students a commitment towards health and safety at the place of work, and towards professionalism;
(e) respond at a relevant time and in a relevant manner to the needs of the labour market by
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networking an effective partnership at all levels of educational and training experience with the economic, industrial and services
sectors, while being aware that the greater part of enterprises are small or medium sized;
(f) ensure the implementation of the principles of inclusive education by providing an equitable access to all persons in full
respect of any diversity;
(g) attribute the necessary importance to research and development in the areas of applied arts, science and technology;
(h) show that both academic and vocational education form an integral part of an educational process for the holistic development
of a person, and that they should enjoy parity of esteem;
(i) develop curricula, syllabi, modules, a methodology and programmes of study and training leading to certificates based on the knowledge and competences
demanded by the labour market:
(j) ensure that the quality and standards of courses and of certificates awarded are recognised at both national and international
levels;
(k) be guided by the national policies and strategies as adopted from time to time by Government in each and every section;
(l) participate in bilateral and regional exchange programmes and particularly in the educational and training programmes of the
European Union in which Malta participates from time to time.
(7) The College shall function in proactive co- ordination with the other educational Entities referred to in this Act, the Employment
and Training Corporation, constituted bodies, trade union organisations and the other national organs and agencies which participate
in the social and economic development of the country.
Powers and functions of the College.
90. The College shall:
(a) through instruction and training in the subjects of arts, science, technology, technical knowledge and trades, to guide students
enrolled in any of its courses in the development of the required skills, competences and proficiency for the exercise of jobs, professions
and callings in the economic, industrial and services sectors;
(b) on its own, or together with other institutions, whether public or private, local or foreign, organise such courses of instruction
and training as it may deem necessary or expedient;
(c) on its own, or together with other institutions, organise such cultural, sports and pastoral activities for the better formation
and enrichment of an individual’s personality;
(d) establish such Institutes, and such entities, schools, departments, centres and programmes which it may deem necessary and
it shall supervise the administration thereof;
(e) subject to the provisions of article 89 (4), establish the conditions for entrance to the Institute and to any other programme
of studies and training, and of practical and work experience and prescribe the required regulations concerning examinations and
the modalities of instruction and training in such courses;
(f) provide for adequate procedures for the identification of persons who have reached the necessary proficiency in the several
areas of study and training;
(g) award such degrees, diplomas, certificates or other distinctions which it may deem suitable to such candidates who satisfy
the prescribed conditions after following the required study courses;
(h) establish the teaching and training posts or act otherwise as may be required from time to time and appoint persons to such
posts;
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Governing body and officers of the College.
(i) establish and maintain as due, libraries, laboratories, workshops. services and other facilities required for teaching, training,
experimentation, research and the dissemination of knowledge, science and technology;
(j) establish internal auditing schemes which ensure the quality of education and training being imparted and the effective use
of resources;
(k) make regulations concerning the performance and the conduct of students, teachers and other persons entrusted with rendering any
service at the College, whether engaged by an indefinite or a definite contract of service, or by a contract for services, or if
seconded or on loan to the College by government, public or private entities;
(l) administer the property, resources and funds allotted to it from time to time by the Government with an aim of accomplishing
the College programmes, including such other funds as it may receive or raise from other sources;
(m) do anything required to be done so as to accomplish its objects according to this Act.
91. (1) The governing bodies of the College shall be the following:
(a) the Board of Governors;
(b) the Council of the Institutes; (c) the Administrative Bureau;
(d) the Boards of Studies of the Institutes; (e) the Partnership Office.
(2) The principal officers of the College are: (a) the President of the Board of Governors; (b) the Principal;
Composition of the Board of Governors.
(c) the Deputy Principal; (d) the Registrar;
(e) the Administrative Director; (f) the Heads of the Institutes;
(g) the Head of the Partnership Office; (h) the Librarian; and
(i) the Financial Controller.
(3) There shall be other officers as may be established by the Board of Governors from time to time. Such officers shall be responsible
to the Principal for the conduct of their respective duties.
92. (1) The Board of Governors shall be composed of not less than seven and not more than nine members to be appointed by the
Minister for a period of three years and the members shall be eligible to be re-appointed after their term of office expires. The
members of the Board shall serve in their personal capacity.
(2) The Minister shall appoint from among the members a President and a Deputy President. In the case when the President is abroad
or for any other reason, for a temporary period, is unable to perform his functions, the Deputy President shall act as President
and shall perform the powers and functions of the President.
(3) The Principal has a right to attend the meetings of the Board without having a right to vote, provided that he shall withdraw
from each meeting where matters connected with his performance or contract of work are discussed.
(4) The members of the Board of Governors shall be persons having competence or experience in the education sector, vocational
training, the economy, industry and services sectors or in the social sectors, and who, in the opinion of the Minister, possess
leadership qualities, and have an understanding of the importance of
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vocational education and training within the context of general socio-economic development.
(5) A member of the Board of Governors may at any time be removed or suspended from office by the Minister on the grounds of inability
to perform the functions of his office as required, either because of mental or physical illness, or for any other reason due to
which the member would no longer be fit to occupy such office or due to bad conduct.
(6) A member of the Board may resign from his office through a letter addressed to the Minister. If any member tenders his resignation
or is removed from his office by the Minister or should the office of any member of the Board become in any manner vacant, the Minister
may appoint a qualified person to take up this post; and any person who is so appointed shall keep on occupying that post up to the
termination of the term of office of the person being so substituted and such person shall be eligible to be re-appointed.
(7) A member of the Board of Governors having a direct or indirect interest in any contract made or proposed to be made by the
Board of Governors, or any financial interest or otherwise in any enterprise or activity which may affect the performance of his
functions as a member in this Bord, shall reveal the kind of his interest in the first sitting of the Board of Governors after having
come to know of the relevant facts. Such matters as are revealed are to be registered in the minutes of the sitting of the Board,
and the member concerned shall withdraw from the sitting while such contract or matter in which he has an interest is being discussed.
Such matters as have been revealed are to be forwarded to the Minister without delay. When such interest as the member may have is
such that it may lead to his removal from office, the member shall immediately report the fact to the Minister and offer to tender
his resignation, without prejudice to the Minister’s power to remove such member from the Board.
(8) Any absence or vacancy among the members of the Board of Governors, or any participation in its meetings by any person who is
not entitled to such act, does not invalidate the procedures of the Board, insofar
Functions and powers of the Board of Governors.
as there is a quorum of not less than one-half of the number of members of the Board.
(9) Subject to the provisions of this Act and of any regulations made thereunder, the Board of Governors may appoint committees
and generally regulate its own procedures.
(10) The Board of Governors shall appoint a Secretary to keep minutes and a record of the meetings and of its decisions.
(11) The Board of Governors shall take all necessary precautions and treat information on commercially sensitive matters in a highly
confidential manner in its relations with both public and private institutions.
(12) The Minister may, after consulting the President of the Board of Governors, make regulations regarding the procedures to be
adopted by the Board of Governors in the course of its operations.
93. (1) The Board of Governors shall be the highest governing body of the College and shall have the duty of performing the
objectives and to exercise the powers of the College as laid down in the provisions of this Act, and shall in particular have the
following functions;
(a) to acquire, administer and control the resources, facilities and property, both movable and immovable, of the College;
(b) to establish Institutes, departments, centres, programmes and other educational and training entities for the due performance
of the educational and training tasks and of interdisciplinary co- operation;
(c) to distribute between the several Institutes and other educational and training entities within it the resources available
to the College by way of funds and by way of premises, facilities, services, equipment and persons;
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(d) to supervise the expenditure and the administration of the College at all levels and to approve the annual budget proposals
to be submitted to the Minister within a given time;
(e) to appoint a Principal, and on his advice, also to appoint two Deputy Principals, the Heads of the Institutes and of other
educational and training entities, on the basis of a definitive contract, and to set up, and abolish, any post of an academic, technical
or other nature;
(f) to make statutes, rules and other procedures in terms of the provisions of this Act;
(g) to appoint Maltese or foreign examiners according to pre-established statutes and procedures, and to ensure that payment is
effected for their services;
(h) to ensure that proper academic and training levels are retained and improved on, and to establish and supervise internal auditing
schemes which ensure the quality of education;
(i) to enter into such agreements as appear to it necessary with sectors of economic activity in the country and with institutions
in Malta and overseas for the better achievement of the objectives of the College;
(j) to do anything which it may deem necessary to be done to achieve the objectives of the College and to execute the powers and
functions of the College which have not been previously vested in another governing body of the College:
Provided that the Institutes, departments, centres, programmes on other education and training entities as referred to in paragraph
(b) of this sub-article may be established by the Board of Governors, following consultation with the Council of Institutes, and
their establishment, statutes and regulations are to be deemed to have come in force on that date that the Minister may by notice
establish in the Gazette.
Composition of the Council of the Institutes.
(2) The Board of Governors shall also approve the curricula and the syllabi submitted by the Institute and by each educational
and training entity within it and, where it deems it so necessary, to revert same to such Institutes or entities together with its
advice about any proposed amendments.
(3) The Board of Governors shall, where so approved by the National Council for Qualifications, certify the capabilities for the
exercise of a trade, calling and profession, and also of proficiency in any trade, technical work, technology, or any other commercial
or economic activity.
(4) The Board of Governors shall ensure that the qualification degrees, diplomas, distinctions and certificates of the College
are recognised both at a national and at an international level, and that, wherever applicable, are related to the standards established
by the National Council for Qualifications.
(5) The Board of Governors shall meet at least once every two months with a quorum for meetings of five members.
94. The Council of the Institutes shall be constituted of the following members:
(a) the Principal who presides ex officio; (b) the Deputy Principals ex officio;
(c) the Registrar ex officio;
(d) the Administrative Director ex officio;
(e) the Heads of the Institutes ex officio;
(f) the Head of the Partnership Office ex officio; (g) the Librarian ex officio;
(h) two members elected by and from among the College teaching staff;
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Functions of the Council.
(i) two members elected by and from among the College students; and
(j) four members appointed by the Minister.
95. (1) The Council shall be responsible for the general direction of the vocational and professional education and training
of the College, and shall have the following functions;
(a) to regulate by means of regulations the programmes of studies, training, research, documentation and examinations at the College
and by regulations to establish such degrees, diplomas, certificates and distinctions for such candidates satisfying the prescribed
conditions after following the required courses of studies and training;
(b) to decide about the persons to whom the academic degrees, diplomas, certificates and other distinctions shall be awarded;
(c) to establish, subject to the provisions of this
Act, the entry conditions to the College;
(d) to give recognition, following a recommendation by the competent authorities according to law, to such degrees, diplomas, certificates
and distinctions of other universities or educational institutions;
(e) to give advice to the Board of Governors on any matter related to vocational and professional education or training;
(f) to deal about any other matter which refers to education and training and as may arise in the administration of the College.
(2) The Council shall meet at least every six weeks and the quorum for the meetings shall be thirteen members.
Composition of the Administrative Bureau.
Functions of the Bureau.
96. There shall be an Administrative Bureau of the
College which shall be constituted of the following persons: (a) the Principal who shall be Chairperson;
(b) the Deputy Principals; (c) the Registrar;
(d) the Administrative Director;
(e) thc Head of the Partnership Office; and
(f) the Financial Controller.
97. The Bureau shall meet at least every four weeks in order to:
(a) ensure that the policies, strategy and decisions adopted by the Board of Governors and by the Council are actuated;
(b) ensure dialogue, co-ordination and the effective functioning of the governing bodies, structures, officers and employees of
the College;
(c) under the direction of the Principal, and without prejudice to any of the provisions of this Part, take care of all the matters
related to the process of selection and engagement of the personnel the College may from time to time require, and to propose for
the approval of the Principal the nominations of the persons so selected;
(d) to pay any wage, salary or remuneration to the members of the College staff according to scales which the Board of Governors
establishes with the approval of the Minister;
(e) adopt all necessary measures to apply the disciplinary procedures and the auditing and quality assurance schemes of all operations
within the College;
(f) ensure the keeping of lively and proactive relations between the College and its partners in Malta and overseas.
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Composition of the Board
98. (1) Each Institute shall have a Board of Studies
of Studies of to be constituted of the following members:
the
Institutes.
(a) the Head of such Institute who shall be
president ex officio;
(b) one of the two Deputy Principals as may be decided by the Principal who shall be vice-president ex officio;
(c) the Heads of the Departments of the Institute
ex officio;
(d) a member elected by and from among all the teaching staff of the Institute;
(e) a member elected by and from among the students of the Institute;
(f) two members appointed by the Minister from among persons recognised for their competence and experience in the educational
and training area of such particular Institute;
(g) representatives of foreign institutes with which the College may have partnership agreements;
(h) a representative who is selected by the Minister from an economic sector having close ties with the area of studies and research
of such particular Institute;
(i) a representative of a professional body which is recognised by the Minister in the area of studies and training of such particular
Institute.
(2) The Principal shall have the right to convene a meeting of the Board of Studies of any Institute whenever he may deem necessary
and in such cases he shall preside the meeting.
Functions of the Board of Studies.
99. (1) The Board of Studies shall have the following functions:
Partnership
Office.
(a) to conduct the educational and training work of the Institute;
(b) to establish the studies, the instruction to be imparted, the training and the research at the Institute, centre or programme
for which it may be responsible, and to provide for the administration, publication and dissemination of the academic, training and
development operations of the Institute and to allot the work to be done in such activities;
(c) to draft and propose bye-laws relating to the
Institute in terms of the provisions of this Act;
(d) to nominate Maltese or foreign examiners in terms of previously established and approved procedures by the Board of Governors;
(e) to prepare plans for the development of the Institute and to present them for the approval of the Council and of the Board
of Governors.
(2) Bye-laws which are made by the Board of Studies shall be sent to the Council for its approval and shall not be presented to
the Board of Governors to be issued unless they are so approved by the Council.
(3) The Board of Studies shall meet at least once every six weeks and the quorum of the meetings shall be of five members.
100. There shall be a Partnership Office whose head shall be a person appointed for the purpose by the Board of Governors and who
shall also be responsible for the bilateral and international relations at the College, including such matters as are related to
Europe. The functions of the Partnership Office are:
(a) to develop the necessary relations for the greater co-operation and synergy between the College and educational and training
institutions, both public and private, operating in Malta;
(b) to develop by agreement and suitable measures a proactive partnership between the College and its Institutes on one part, and
the industrial and services economic sectors on the other;
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Powers and duties of
the
President.
Powers of the Principal.
(c) to develop a partnership agreement between each Institute of the College on one part, and a foreign University, College or
Institute which acquired recognition in the particular area of vocational and professional studies and training for which the Institute
is responsible, on the other;
(d) to ensure full participation in local and international exchange programmes and those of the European Union in which Malta
participates;
(e) to seek to obtain scholarships for the College students and to administer those scholarships which may be offered to foreign
students;
(f) to operate schemes which attract foreign students to College courses.
101. (1) The President shall be the highest officer of the College and shall be responsible for ensuring that the College complies
with this Act.
(2) The President shall issue the statutes, regulations and bye-laws of the governing bodies of the College and may revert once
to any governing body such statutes, regulations and bye-laws which in his opinion are not in terms of the law.
(3) The President shall whenever he deems it necessary, have the power to convene and preside the Board of Governors, the Council,
the Administrative Bureau and the Board of Studies.
(4) Whenever the office of President is temporarily vacant, and until a new President is appointed, and whenever the holder of such
office is absent from Malta or on vacation or is for any reason unable to perform the functions conferred upon him by this Act, those
functions shall be performed by the Deputy President of the Board of Governors.
102. (1) The Principal shall be the Chief Executive
Officer of the College.
Deputy
Principals.
(2) The Principal, without prejudice to the powers vested in the governing bodies of the College by the provisions of this Act,
shall have all the powers necessary for the governance and administration of the College, including the power to make such necessary
appointments of officers and employees having an academic or technical background or of any other kind, for such period, under such
conditions and in accordance with procedures established by the Board of Governors, including the power to decide upon any urgent
matter of an educational or other nature:
Provided that any such aforementioned decision effecting any power or function vested by this Act in a governing body of the College
shall be registered by the Principal and put on the agenda of ’ that governing body in its first meeting after such decision.
(3) The Principal shall exercise authority over the teaching staff, examiners, students, examination candidates, College employees,
and whosoever is entrusted with rendering any service to the College, and he shall enforce discipline and the strict observance of
the provisions of the Act, of the Statute of the Institutes, bye- laws and other rules made by the competent bodies of the College.
(4) The Principal shall confer the degrees, diplomas, certificates and other distinctions of the College.
(5) The Principal shall ensure that, insofar as it depends on him, the governing bodies are regularly constituted, and that he
provides for the organisation of such elections required by this Act, including that they actually be held as established and without
undue delay.
(6) The Principal shall ensure that the governing bodies meet regularly as established by this Act and he shall be responsible for
the planning and co- ordination of the activities of the different educational and training bodies and institutions and for the performance
of the decisions of the competent authorities of the College.
103. The Deputy Principals shall perform such functions as are delegated to them by the Principal, including that they act on his
behalf as may be necessary.
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The Registrar.
104. The Registrar shall:
(a) assist the Principal in the day to day administration of the academic, educational and training programmes of the College, and
he shall be responsible for the execution of the Registrar ’s instructions;
(b) keep the College seal and also sign all documents on which the College seal is applied;
(c) sign the documents which certify the academic and vocational awards given by the College and keep a full record thereof;
(d) act as secretary to the Council and, either directly or through a delegate, to the Board of Studies;
(e) be responsible for the records of all examinations held by the College and for the proper safekeeping of such records, and for
keeping updated copies of the statutes, regulations and bye-laws;
(f) keep the rolls of the members of the Board of Governors, Council, Board of Studies, examiners and students;
(g) keep records of the educational and training activities of each student;
(h) be responsible, after consultation with the Heads of the Institutes, for suitable arrangements about the teaching time-table;
and
(i) carry out such other duties as may be called for by the Principal according to the exigencies of the College.
The Administrative Director.
105. The Administrative Director shall, under the direction of thc Principal, be responsible for the administration and the day to day functioning of the College, its employees and all movable and immovable property, and, wherever applicable, he shall execute decisions made by the governing bodies of the College. The Administrative Director shall perform all other duties as he may from time to time be requested to perform by the Principal owing to the exigencies of the College.
The Librarian.
106. The Librarian is entrusted with the
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administration of the Library and he shall:
(a) be responsible for the proper cataloguing of books, both by author and by subject, for their maintenance and safe-keeping,
and for the return of books issued on loan;
(b) assist students in their research work;
(c) undertake all correspondence concerning the Library;
(d) keep a list of all visual and other aids available for teaching purposes and control the loan of such material in accordance
with the relevant regulations;
(e) present a report to the Library Committee on the working of the Library at the end of each academic year.
Financing and control of the College finances.
107. (1) The Board of Governors shall during each financial year ensure the preparation and adoption of a budget of the revenue
and expenditure of the College for the following year.
(2) The Board of Governors shall ensure the proper keeping of accounts and other records concerning its operations and transactions,
and shall ensure that a relative statement of accounts is prepared for each financial year.
(3) The College accounts shall be audited by one or more auditors appointed by the Board of Governors from time to time, while
the financial administration of the College shall be subject to auditing by the Auditor General.
(4) The Board of Governors shall, not later than six months from the closing of each financial year, ensure that a copy of the
audited statement of accounts, together with a report of the activities during that year of the College, is sent to the Minister
together with a copy of the report made by the auditor or auditors about that statement, and the Minister shall without undue delay
cause such statements and reports to be laid on the Table of the House of Representatives.
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The Financial
Controller.
108. (1) The Financial Controller shall, under the direction of the Principal, be responsible for the day to day administration
of the College finances, reporting to the said Principal.
(2) In particular, the Financial Controller shall: (a) prepare –
(i) the annual budget of revenue and expenditure;
(ii) the annual comparative statement of revenue and expenditure;
(iii) the annual balance sheet and statement of accounts;
(b) be responsible for the collection of revenue and moneys due to the College;
(c) exercise immediate control over expenditure out of approved provisions;
(d) maintain adequate accounting systems embracing the whole of the financial operations of the College;
(e) be responsible for all ordering and purchasing and for the control of stores and inventories;
(f) carry out such internal auditing and control as he deems necessary;
(g) in conjunction with the Principal or the Administrative Director, countersign bills of exchange, cheques, bank drafts, letters
of credit and all other banking, financial and commercial documents, subject to any restrictions made by the Board of Governors;
(h) discharge such other duties as may be called for by the exigencies of the College.
Staff appointments with formal duties of instruction
or research.
109. (1) The appointment of staff with duties of teaching, training and, or research shall be made in the grades of professor,
associate professor, senior lecturer, lecturer, assistant lecturer, teaching assistant, research assistant or in any other grade
approved by the Board of Governors according to the qualifications of the person being appointed.
(2) Posts may be advertised for appointments within specified grades.
(3) An appointment to a post with formal duties of teaching and, or, research shall be made by the Principal and confirmed by the
Board of Governors.
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Official dress.
110. The proper official dress which the principal
officers of the College, instructors, graduates, students and other members of the College are expected to wear on official occasions
shall be prescribed by regulations made by the Board of Governors following consultations with Council.
Award of degrees and diplomas.
Common provisions for the governing bodies of
the College.
111. (1) Degrees and diplomas shall he awarded at a public ceremony or, with the consent of the Board of Governors, at a private
ceremony or in absentia.
(2) A candidate shall be eligible for the award of a degree or diploma only after certification by the Principal that all the conditions
prescribed by statutes, regulations and bye-laws relevant to that degree or diploma have been fulfilled, and insofar as all other
obligations and responsibilities of the candidate towards the College have also been satisfied.
(3) No person may be described as holding a degree or diploma of the College unless such degree or diploma has been conferred as
prescribed in subarticle (1) hereof.
112. (1) Any person holding office on a governing body of the College shall, unless otherwise specifically provided elsewhere
in this Act, hold such office for a period of two years:
Provided that any person holding office on a governing body of the College shall continue to hold that office, notwithstanding such
person having terminated the
C 696
Addition of new Schedule to the principal Act.
Addition of new Part IX to the principal Act.
relative period, until the time when an election is held or another person is appointed to occupy that office in his stead.
(2) Any governing body of the College may act notwithstanding any vacancy in its membership and quorum shall be computed as if
there were no such vacancy.
(3) Any matter proposed for decision at any meeting of any governing body of the College shall be determined by a majority of the
votes of the members present and voting, and if, on any such question the votes are equally divided, the presiding member shall have
and exercise a casting vote.”.
“Part IX
Officers and staff of the Entities
Staff
113. (1) Subject to the provisions of the
appointments. Constitution and of any other enactment applicable hereto, including this Act, any entity, acting with the concurrence of the Minister, may appoint and employ such officials and
other employees which may from time to time be required for the due and efficient performance of its functions.
(2) Such appointment and employment of the said officials and employees shall be effected with such remuneration and upon such
terms and conditions as the entity may, in concurrence with the Minister, from time to time, determine.
Status of public officers detailed for duty with
an entity.
114. (1) The Prime Minister may, at the request of any entity made with the concurrence of the Minister, from time to time direct
that any public officer be detailed for duty with an entity in such capacity and with effect from such date and for such duration
as may be specified in the Prime Minister’s direction.
(2) The period during which an order, as herebefore mentioned, shall apply in regard of an officer specified therein, unless the
officer retires from public service or
otherwise does not remain in office as from an earlier date, shall be such as may be specified in the order, unless such order is
previously revoked by the Prim Minister.
(3) Where any officer is detailed for duty with an entity according to the provisions of this article, such officer shall, during
the time in which such direction has effect in relation to him, be under the administrative authority and control of the entity,
but he shall for other intents and purposes remain and be considered and treated as a public officer.
(4) Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid –
(a) shall not during the time in respect of which he is so detailed -
( i ) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions
of service attached to the appointment under the Government held by him at a date on which he is so detailed for duty; or
(ii) be so employed that his remuneration and conditions of service are less favourable than those which are attached to the appointment
under the Government held by him at the date aforesaid or which would have become attached to such appointment, during the said period,
had such officer not been detailed for duty with the entity; and
(b) shall be entitled to have his service with the entity considered as service with the Government for the purposes of any pension,
gratuity, or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and of any other right or privilege
to which he would be entitled, and liable to any liability to which he would be liable, but for the fact of his being detailed for
duty with an entity.
(5) Where an application is made as provided in subarticle (4)(a)(i), the same consideration shall be given thereto as if the applicant
had not been detailed for service with the entity.
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Cap. 93. Cap. 58.
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Offer of permanent employment to public officers detailed for duty with
the entities.
(6) The entity shall pay to the Government, where applicable, such contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions and gratuities earned by an officer detailed for duty with the
entity as aforesaid during the period in which he is so detailed.
115. (1) An entity may, with the approval of the Prime Minister, offer to any officer detailed for duty with the said entity
under the provisions of article XX permanent employment with the entity at a remuneration and on terms and conditions not less favourable
than those enjoyed by such officer at the date of such offer.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because
they are not in all respects identical with or superior to those enjoyed by the officer concerned at the date of such offer, if such
terms and conditions, taken as a whole, in the opinion of the Prime Minister, offer substantially equivalent or greater benefits.
(3) Every officer who accepts permanent employment with the entity, offered to him under the provisions of subarticle (1) of this
article, shall for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act, be deemed
to have ceased to be in service with the Government and to have entered into service with the entity on the date of his acceptance,
and for the purposes of the said Ordinance and of the said Act, so far as applicable to him, service with the entity shall be deemed
to be service with the Government within the meanings thereof respectively.
(4) Every such officer as aforesaid who, immediately before accepting permanent employment with the entity was entitled to benefit
under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit thereunder to all intents as if his
service with the entity were service with the Government.
(5) The entity shall pay to the Government such contributions as may from time to time be determined by the Minister responsible
for finance in respect of the cost of pensions and gratuities earned by an officer who has accepted permanent employment with the
Entity as
aforesaid during the period commencing on the date of such officer’s acceptance.
(6) For the purpose of the Pensions Ordinance the pensionable emoluments of such public officer on retirement shall be deemed to
be the pensionable emoluments payable to an officer in Government service in a grade and at an incremental level corresponding to
the post and incremental level at which the officer retires from the entity.
(7) (a) For the purposes of this article posts and salary grades with the entity shall be classified in the most nearly corresponding
grades and incremental levels in the service under the Government of Malta by reference to job description, skills, responsibilities
and other analogous factors.
(b) The classification referred to in paragraph (a) shall be carried out by a Board composed of a Chairperson appointed by the
Ministry responsible for finance and two other members, one appointed by the Ministry responsible centrally for personnel policies
in the public service and one appointed by the entity. The classification shall be subject to the final approval of the Minister
responsible for finance.
(c) Such classification shall take place within three months of any adjustment of salaries of employees in Government service and,
or of employees of the Entity.
(d) No post shall be classified in a grade higher than that of a Grade 3 in the service of the Government or such other grade that
the Minister responsible for finance may from time to time by notice in the Gazette determine.
(e) Without prejudice to the provisions of article 113 of the Constitution, no person may, following a classification as aforesaid,
be entitled to rights under the said Pensions Ordinance less favourable than those to which he would have been entitled prior to
such classification.”.
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C 700
Addition of new Part X to the principal Act.
“PART X Financial Provisions
Entities to meet expenditure out of revenue.
Advances from Government.
Power to borrow or raise capital.
116. (1) Without prejudice to the following provisions of this article, the entity shall so conduct its affairs that the expenditure
required for the proper performance of its functions shall, as far as possible and practicable, be met out of its revenue.
(2) In case an entity registers any excess of revenue over expenditure, this excess shall, subject to such directives as the Minister,
after consultation with the Minister responsible for finance, may from time to time give, be applied by the entity to the formation
of reserve funds to be used for the purposes of the functions of the entity;
(3) Any funds of the entity not immediately required to meet expenditure may be invested in such manner as may from time to time
be approved by the Minister.
117. The Minister responsible for finance may, after consultation with the Minister, make advances to the entity of such sums as
he may agree to be required by the entity for carrying out any of its functions under this Act, and may make such advances on such
terms and conditions as he may, after consultation as aforesaid, deem appropriate. Any such advance may be made by the Minister responsible
for finance out of the Consolidated Fund, and without further appropriation other than this Act, by warrant under his hand authorising
the Accountant General to make such advance.
118. (1) For the purpose of carrying out any of its functions under this Act, the entity may, with the approval in writing of
the Minister, given after consultation with the Minister responsible for finance, borrow or raise money in such manner, from such
person, body or authority, and under such terms and conditions as the Minister, after consultation as aforesaid, may in writing approve.
Borrowing from
(2) The entity may also, from time to time, borrow, by way of overdraft or otherwise, such sums as it may require by way of working
capital for carrying out its functions under this Act:
Provided that for any facility in an amount exceeding thirty thousand liri, there shall be required the approval of the Minister in
writing.
119. (1) The Minister responsible for finance may,
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Government. for any requirements of the entity of a capital nature,
contract or raise loans, or incur liabilities, for such periods and on such terms and conditions as he may deem appropriate; and any
sums due in respect of or in connection with any such loan or liability shall be a charge on the Consolidated Fund.
(2) Notice of any loans, liabilities or advances made or incurred under the foregoing provisions of this article shall be given
to the House of Representatives as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in subarticle (1), or for the purpose of providing the entity with working
capital, the Minister responsible for finance may, by warrant under his hand, and without further appropriation other than this Act,
authorise the Accountant General to make advances to the Entity out of the Treasury Clearance Fund under such terms as may be specified
by the Minister upon the making thereof.
(4) The proceeds of any loan raised for the purposes of making advances to the entity, and any other moneys to be advanced to the
entity under this article, shall be paid into a fund specially established for the purpose.
(5) Sums received by the Accountant General from the entity in respect of advances made to the entity under this article, shall
be paid, as respects of amounts received by way of repayment into the Treasury Clearance Fund and, as respects amounts received by
way of interest into the Consolidated Fund.
Estimates of entity.
120. (1) An entity shall cause to be prepared in every financial year, and shall not later than the end of September of each
such year adopt, estimates of the income and expenditure of the entity for the next following financial year:
Provided that the estimates for the first financial year of each entity shall be prepared and adopted within such
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Expenditure to be according to approved estimates.
time as the Minister may by notice in writing to the entity specify.
(2) In the preparation of such estimates the entity shall take account of any funds and other monies that may be due to be paid
to it out of the Consolidated Fund during the relevant financial year, whether by virtue of this Act or an appropriation Act or of
any other law; and the entity shall so prepare the said estimates as to ensure that the total revenues of the entity are at least
sufficient to meet all sums properly chargeable to its revenue account including, but without prejudice to the generality of that
expression, depreciation.
(3) The estimates shall be made out in such form and shall contain such information and such comparison with previous years as
the Minister responsible for finance may direct.
(4) A copy of the estimates shall, upon their adoption by the entity, be sent forthwith by the Entity to the Minister and to the
Minister responsible for finance. The Minister shall at the earliest opportunity and not later than six weeks after he has received
a copy of the estimates from the entity, after consultation with the Minister responsible for finance, approve the same with or without
amendment. The Minister shall as soon as practicable cause the total amount of these approved estimates to form an integral part
of the Government General Estimates.
121. (1) No expenditure shall be made or incurred by the entity unless provision therefor has been made in the estimates approved
as provided in article 120.
(2) Notwithstanding the provisions of subarticle (1) –
(a) until the expiry of six months from the beginning of a financial year, or until the approval of the estimates for that year
by the Minister, whichever is the earlier date, the entity may make or incur expenditure for carrying on its functions under this
Act not exceeding in the aggregate one-half of the amount approved by the Minister for the preceding financial year;
Accounts and audit.
(b) expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister given after consultation
with the Minister responsible for finance, be made or incurred in respect of another head or sub-head of the estimates;
(c) in respect of the first financial year, the entity may make or incur expenditure not exceeding in the aggregate such amounts
as the Minister responsible for finance may, after consultation with the Minister, allow;
(d) if in respect of any financial year it is found that the amount approved by the Minister is not sufficient or a need has arisen
for expenditure for a purpose not provided for in the estimates, the entity may adopt supplementary estimates for approval by the
Minister, and in any such case the provisions of this Act applicable to the estimates shall as near as practicable apply to the supplementary
estimates.
122. (1) The entity shall cause to be kept proper accounts and other records in respect of its operations, and shall cause to
be prepared a statement of accounts in respect of each financial year.
(2) The accounts of the entity shall be audited by an auditor or auditors to be appointed by the entity and approved by the Minister:
Provided that the Minister responsible for finance may, after consultation with the Minister, require the books and accounts of the
entity to be audited or examined by the Auditor General who shall for the purpose have the power to carry out such physical checking
and other verifications as he may deem necessary.
(3) After the end of each financial year, and not later than the date on which the estimates of the entity are forwarded to the
Minister under article 120 (4), each Entity shall cause a copy of the statement of account duly audited to be transmitted to the
Minister and to the Minister responsible for finance together with a copy of any report made by the auditors on that statement or
on the accounts of the entity.
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Deposit of revenues
(4) The Minister shall, as soon as practicable, cause a copy of every such statement and report to be laid on the Table of the
House of Representatives.
123. (1) All monies accruing to the entity shall be
and payment paid into a bank or banks appointed as bankers by the entity
by the
Entity.
Contracts of supply or work.
with the approval of the Minister. Such monies shall, as
far as practicable, be paid into any such banks from day to day, except for such sum as the entity may authorise to be retained to
meet petty disbursements and immediate cash payments.
(2) All payments out of the funds of the entity, other than petty disbursements not exceeding a sum as from time to time may be
fixed by the entity, shall be made by such officer or officers of the entity as the entity shall appoint or designate for that purpose.
(3) Cheques against and withdrawals from any bank account of the entity shall be signed by such officer of the entity as may be
appointed or designated by the entity for that purpose and shall be countersigned by the Chairperson, or such other member or officer
of the entity as may be authorised by the entity for that purpose.
(4) Each entity shall also make provision with respect to:
(a) the manner in which and the officer or officers by whom payments are to be authorised or approved;
(b) the title of any account held with the bank or banks into which the monies of the entity are to be paid, and the transfer of
funds from one account to the other;
(c) the method to be adopted in making payments out of funds of the entity and generally with respect to any matter which is relevant
to the proper keeping and control of the accounts and books, and the control of the finance, of the entity.
124. No entity shall, except with the approval of the Minister granted for special reasons and after consultation with the Minister
responsible for finance, award or enter
into any contract for the supply of goods or materials or for the execution of works, or for the rendering of services, to or for
the benefit of the entity, which is estimated by the entity to exceed three thousand liri in value, or such other amount as the Minister
responsible for finance may by regulations under this article prescribe, except after notice of the intention of the entity to enter
into the contract has been published and competitive tenders have been issued.
C 705
Amendment of the heading of Part VI of the principal Act.
Substitution of article 127 as renumbered of the principal Act.
“Appeals.
(2) Notwithstanding that an appeal would have been lodged in accordance with the provisions of this article, a licence shall be
considered as having been suspended or cancelled, as the case may be, pending the final decision of the Court of Appeal.
(3) The Minister responsible for justice may make regulations which establish the fees to be paid in the Court registry with regard
to appeals made under this article:
Provided that until such fees are established by the Minister responsible for justice, the fees that are due to be paid for appeals
before that Court shall be the same fees as apply to the Court of Magistrates (Malta).
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Kap. 12.
(4) The Board established by virtue of article 29 of the Code of Organisation and Civili Procedure, shall make regulations which establish the form of such appeals and other matters relating thereto.”.
Amendment of article 128 as renumbered of the principal Act.
Amendment of article 129 as renumbered of the principal Act.
Addition of new articles 130 to 132 to the principal Act.
(a) in subarticle (1) thereof, for the words “without the written permission of the Minister,” there shall be substituted the
words “without the written permission of the Director General of the Directorate for Educational Services”;
(b) subarticles (2), (3) and (4) thereof shall be renumbered as subarticles (3), (4) and (5) and wherever in these subarticles the
word “Minister” occurs there shall be substituted the words “Director General of the Directorate referred to in this article”;
u
(c) immediately after subarticle (1) thereof, there shall be inserted the following new sub-article:
“(2) The Director General of this Directorate may give his permission under subarticle (1) when the minor concerned, notwithstanding
that he is under the compulsory age to start attending school, would have terminated the full obligatory cours at secondary level
and produces evidence that he has an offer in writing for him to make a work experience exclusively during the summer holiday period.”.
(a) in the proviso to subarticle (1) thereof, for the words “from the Director of Education” there shall be substituted the
words “from the Director General of the Directorate for Educational Services”; and
(b) subarticle (3) and the proviso to subarticle (6) shall be deleted, and subarticles (4), (5) and (6) shall be renumbered as
subarticles (3), (4) and (5) respectively.
“Persons considered to be public officers.
Kap. 9.
Establishment of other entities.
Institution for tourism studies.
130. For the purposes of the Criminal Code and of any provision relating to a criminal offence, the members of any Board, Directorate,
College, Committee, Commission, Council and any officer or employee of any entity, shall be considered and be treated as public officers.
131. Without prejudice to the provisions of this Act or of some other law, the Prime Minister may by Order in the Gazette establish
other entities, including those agencies, directorates, departments or other educational institutions as he may deem necessary for
the better quality and provision of education and training services in the country, and the Prime Minister may also by an Order in
the Gazette constitute any entity established under this Act a body corporate with its own juridical and distinct personality, and
the Prime Minister shall in such a case, by means of regulations, provide for any matter that may be necessary for the effective
management of the entity mentioned in the relative Order.
132. (1) The Minister shall ensure the existence of an institution to provide courses and programmes of education and training,
including practical and work experience, at the levels of further and higher education, that lead to recognised qualifications in
trades, skills, and professions as may be necessary in the tourism, restaurants and the catering industry and services, and all this
in a curricular framework of lifelong learning and the holistic development of the person.
(2) Without prejudice to the provisions of this Act or of some other law, the Minister may make regulations to regulate and to
provide for any matter related to the bodies, administration and control, the education and training policies, functions, appointments
and conditions of work of teachers, officers and employees, the financing of the institution, internal and external educational quality
audit and assurance, and any other matter that may be necessary for the performance and results of the institution referred to in
sub-article (1) of this article.”.
C 707
Addition of new article 134 to the principal Act.
C 708
“Relations with the Minister.
134. (1) The Minister may, from time to time give to any of the entities on to any of its officers or employees such directives
and orders, not being inconsistent with the provisions of this Act, as the Minister may deem opportune with regard to the policy
that has to be followed by them and to the operation and implementation of their functions, and on any other matter which appears
to the Minister to be connected with the education, and the entity, officer or employee concerned shall, as much as possible without
delay, comply with and act in accordance with these directives and orders and shall conduct their functioning in accordance with
these principles.
(2) Every entity shall give the Minister all required facilities so that he may obtain all information connected with their affairs
and activities of any entity, officer or employee, and for this purpose they shall supply the Minister with returns, bills and any
other information connected thereto, or with their functions, and give him all required facilities to audit all given information,
in such manner and within such times as the Minister may reasonably require.”.
Substitution of article 135 as renumbered of the principal Act.
“Power to make regulations.
135. The Minister may, subject to the provisions of this Act, make regulations to give effect to any of the provisions of this
Act, or to regulate or otherwise provide about any thing in respect of the functions and the activities which affect education according
to this Act, and may in particular, but without prejudice to the generality of the aforesaid, make regulations for any of the following
purposes:
(a) subject to the provisions of the Constitution or of any other law which may be applicable, provide for any matter as may be
necessary, including advertisements, the process of applications, selection boards, interviews, examinations, the assessment and
evaluation of candidates, publication of results, connected with the process of appointment or promotion or assignment of position
to any officer and employee of an entity, and to acquire such necessary data for the records of the staff of the entities;
(b) to provide for the appointment, conditions of employment, duties and powers of teachers, officers and employees of the entities,
and also of officers and employees of a Department or other agency who may have functions by any other law which regard the health
and the treatment of children and students, including provisions to empower each one of such officers to visit children at their
homes and to examine them or to make other investigations:
Provided that in regulations relating to officers and employees of a Department or agency falling under the responsibility of another
Minister, the Minister shall make such regulations with the approval of such other Minister;
(c) to better provide for the duties and functions of Heads, officers and employees and for the assignment of duties in a place
or an entity according to their grade or position and for their transfer from one place to another within an entity†;
(d) to require the parents to give to the Minister, the Directors General, and to each Director, Principal, Head of school, officer
or employee of any entity, as duly authorised by the Minister or by the Directors General, or by a Principal such data about their
children as is necessary for the due performance of the functions and the duties of each entity and its officers, including such
data as may be specified in the regulations;
(e) to establish, communicate and require the execution of a National Curriculum Framework of studies subject to the specific religious
nature of any school;
(f) to establish the qualifications of professional persons, officers and other employees of the entities and schools, the curricula,
terms, school days and times, students’ uniforms, parents’ days, the national minimum conditions of schools, and any other matter
connected with or incidental to the implementation of the functions or to the operation and administration of entities and of State
schools and to the discipline to be kept thereat;
C 709
C 710
(g) to prescribe such data, reports and statement of accounts which have to be sent to the Minister or to the Directors General
by the Principals, Heads of schools and such other officers and persons relating to education as the Minister may deem necessary
to request, and in such manner, in such form, time and on such subjects as he may specify in the regulations;
(h) to establish any fee and payment which may be due by or under this Act, or for the services given in compliance with the provisions
of this Act;
(i) to give direction for the better practice of any profession connected with education;
(j) to provide about any form or procedure which may be required or expedient and about which there would be no specific procedure
in this Act;
(k) to establish rules by means of which the Government may ratify and give effect to international conventions relating to education
and which has already been ratified by the Government of Malta; or in order to achieve compliance with every international obligation
pertaining to the Government of Malta or with European Union Directives on any matter or field concerning education and training;
(l) to establish, unless otherwise provided in this Act or in any other law, a statute and rules to regulate the mission, scope,
functions, powers and duties, financial accountability or otherwise, and any other procedure which has to be followed, performed
and observed by any entity, Committee or Council established by or under this Act;
(m) to afford, subject also to the provisions of any other law, to a person aggrieved by the decision of any entity, agency, the
Malta College of Arts, Science and Technology, the University, or any body or organisation established under this Act, means and
procedures either to lodge its complaints and aggravation about a decision or to contest or appeal from such a decision and to be
so satisfied if its aggravation is upheld;
(n) to regulate the meetings of any entity, board, or committee, including procedures relating to a quorum, making decisions by
means of voting, keeping of minutes and any other matter ancillary thereto;
(o) to provide on any incidental or supplementary matter, including the power of entry and inspection of any premises or place where
instruction and teaching take place or may take place in accordance with this Act, as the Minister may deem expedient for the enforcement
of any provision of this Act and regulations made thereunder or to give greater effect thereto;
(p) to establish anything which is due to be or may be established under this Act and to provide on any other matter as may be
deemed to be appropriate;
(q) to establish the fines for any contravention or breach of any provision of regulations made under this Act, or for non-compliance
with any provision or any requirement imposed under such provision:
Provided that regulations made under this article may provide differently for different aims or circumstances, for different classes
or kinds of schools, and for different classes of children;
(r) to bring into force the provisions of the Mutual Recognition of Qualifications Act and all regulations made thereunder, on
the mutual recognition of qualifications of a teacher.”.
C 711
General amendment renumbering several articles.
C 712
(Article 17(2))
SCHEDULE A “Schedule IV
C 713
The Permanent Committee for Education shall be composed as follows: (a) the Minister, as Chairperson;
(b) the Permanent Secretary in the Ministry, as Deputy Chairperson;
Act;
(c) the Directors General of the Directorate established under this
(d) the Chief Executive Officer of the National Commission for
Higher Education established in Part IV of the Act;
(e) those other Directors or officers as the Minister may from time to time request to attend;
(f) an officer appointed by the Minister to act as secretary.”
Objects and Reasons
The object of this Bill is to provide for two complimentary yet distinct Directorates instead of the Education Division and to better distinguish the regulatory and operative functions of the State in the education sector, so as to create the framework for the reorganisation of the State schools into Colleges, to establish the Council for the Teaching Profession, to establish a National Commission for Higher Education, to incorporate the Malta College of Arts, Science and Technology in the Education Act, and to provide for other matters ancillary thereto or connected therewith.
Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press
Prezz Lm3.52ç – Price Lm3.52c
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