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Maltese Laws |
MUTUAL RECOGNITION OF QUALIFICATIONS ACT
Relating to the Mutual Recognition of Qualifications.
20th September, 2002;
1st May, 2004
ACT XVIII of 2002, as amended by Acts XVII of 2003 and X of 2004; Legal Notices 248 of 2004 and 422 of 2007; and Act XV of 2009.
Qualifications Act.
"applicant" means a person from an Agreement State applying to a designated authority for authorization to practise a regulated
profession in Malta;
"application" means a request submitted by an applicant; "competent authority", in relation to -
(a) any document, certificate, diploma or qualification, or attestation of competence; or
(b) a period of professional and vocational experience,
means the authority, body or person in a Member State authorized under the legislation or established practice of that State to issue,
award or recognize such docu ment, certificate, diploma or qualification, or attestation of competence or to certify any such period
of professional and vocational experience;
"d esign a t e d author ity" m e ans a li cence, perm it or warrant award in g bo dy o r au th orit y in M alta designated
for the mutual recognition of qualifications in relation to a regulated profession or regulated professional activity as listed in
the Schedule or as may be determined by regulations from time to time;
"diploma" includes any degree, diploma, certificate, attestation of competence, or other similar evidence of formal qualifications
or of education and training awarded by a competent authority in a Member State designated according to the law of that state;
"European Union" has the same meaning assigned to it in the
Treaty;
"Member State" means a state member of the European Union;
"Minister" unless otherwise sp ecif ied, means the Minister responsible for education;
"practice" in relation to any regulated profession, includes -
(a) the taking up or pursuit of the profession, whether in a self-employed capacity or as an employed person; and
(b) the right to use, in the course of such pursuit, a professional title or designatory letters, or the
Short title.
Interpretation.
Amended by:
L.N. 248 of 2004.
enjoyment of any special status corresponding to a diploma, granted by a designated authority for that profession;
"professional experience" means the actual and lawful pursuit of the profession or professional activity concerned in a
Member State;
"regulated profession and regulated professional activity" means those regulated professions and professional activities
listed in the Schedule;
Cap. 460. "the Treaty" has the same meaning assigned to it in the European
Union Act.
Practice of a regulated profession.
Decision of designated authorities.
Mutual Recognition Coordinator.
Malta Qualifications Recognition Information Centre.
(2) Designated authorities in Malta shall furnish the Mutual Recognition Coordinator, with any requested information as he may reasonably require for the purposes of his functions under this Act.
(2) The functions of this Centre shall include: (a) the evaluation of diplomas;
(b) the provision of assistance to designated authorities,
learning institutions and individuals, counterpart bodies and other interested parties in the comparative
analysis and evaluation of qualifications;
(c) the collection and dissemination of information related to professional and vocational qualifications;
(d) the promotion of recognition of Maltese qualifications abroad;
(e) the enforcement and facilitation of the application of the articles regarding comparability of higher education,
professional and vocational qualifications;
(f) the facilitation of academic mobility; and
(g) the promotion of transparency of qualifications.
(2) The Minister may make regulations to regulate the distribution by types of appeals amongst the divisions of
the Board, provided that no two divisions of the Board shall deal with the same types of appeals.
(3) A member of the Board shall abstain and may be challenged in such circumstances as would disqualify a
judge in t e rms of Su b-Ti tle II of Titl e II of Bo ok Third of t h e Code of Organization and Civil Procedure; and in any such case either the member shall be substituted by another person appointed for the purpose by the Prime Minister acting
on the advice of the Minister, or the appeal, when there is more than one division of the Board in office, may be referred by order
of the Board from one division of the Board to another.
(4) The members of the Board shall hold office for a period of three years, and shall be eligible for re-appointment.
(5) A member of the Board may be removed from office by the Prime Minister acting on the advice of the Minister, on grounds of
gross negligence, conflict of in te re st, incompetenc e, or ac ts or omissions unbecoming a member of the Board.
(6) Except where a designated authority does not have its own means of appeal, the Board shall have jurisdiction to hear and
d e ter min e al l app e al s m a de by an applicant aggrieved by any decision made by any designated authority under this Act or
under any enactment in the second Schedule to this Act.
(7) Any such appeal has to be filed in the Registry of the
Board within ten days from such decision.
(8) The decisions of the Board shall be final except with respect to points of law decided by the Board, from which
an appeal shall lie within ten days to the Court of Appeal (Inferior Jurisdiction); the judge shall have the right to decide in
camera that such appeal is frivolous or vexatious following the closing of the stage of written submissions; such appeal shall also
be regulated by rules of court made under article 29 of the Code of Organization and Civil Procedure.
(a) prescribe the parameters for the determination of evidence of formal qualifications;
Right of appeal.
Cap. 12.
Cap. 12.
Power to make regulations.
(b) provide for the recognition of any secondary, post- secondary or higher education and training courses, and long
or short secondary courses, possibly complemented by professional training or experience;
(c) provide for the right to practise and use of professional title; and
(d) provide for the recognition of professional experience, adaptation periods, proof of good conduct and aptitude test:
Provided that in the case of professional activities not listed in the Schedule, the Minister may, with the concurrence of
the Minister responsible for labour, make regulations for the recognition of qualifications on the basis of professional and, or
vocational experience.
(2) The Minister may also by regulations add Schedules to this Act an d amend or vary any su ch schedules curr ent l y in force
incl udi ng th e po ssi b i lit y o f ad din g o r d e letin g pro f essi ons or professional activities therefrom.
Fees. 9. The Minister may, with the concurrence of the Minister responsible for finance, make orders with respect to the amount of fees payable for anything done or service rendered under this Act.
SCHEDULE Amended by: XVII. 2003.20; X. 2004.20;
L.N. 422 of 2007; XV. 2009.49.
(Article 2)
Regulated Profession / Professional Activity | Designated Authority | Legislation |
Teacher | Minister responsible for education | Education Act, Cap. 327 |
Instructor | Minister responsible for education | Education Act, Cap. 327 |
Kindergarten Assistant | Minister responsible for education | Education Act, Cap. 327 |
Facilitator | Minister responsible for education | Education Act, Cap. 327 |
Accountant | Accountancy Board | Accountancy Profession Act, Cap. 281 |
Auditor | Accountancy Board | Accountancy Profession Act, Cap. 281 |
Stock broker | Recognised Stock Exchange/Malta Financial Services Authority | Financial Markets Act, Cap. 345 |
Financial intermediaries | Malta Financial Services Authority | Financial Markets Act, Cap. 345 |
Investment Service Providers | Malta Financial Services Authority | Investment Services Act, Cap.370 |
Insurance sub-agents and registered insurance brokers | Malta Financial Services Authority | Insurance Intermediaries Act, Cap. 487 |
Weighers | Malta Standards Authority | Metrology Act, Cap. 454 |
Engineer | Engineering Board | Engineering Profession Act, Cap. 321 |
Mason | Masons Board | Code of Police Laws, Cap. 10 |
Tourist guide | Minister responsible for Tourism | Malta Travel and Tourism Services Act, Cap. 409 |
Aircraft pilot | Department of Civil Aviation | Air Navigation Order, (S.L. 499.09) under the Civil Aviation Act, Cap. 232 |
Aircraft flight engineer | Department of Civil Aviation | Air Navigation Order, (S.L. 499.09) under the Civil Aviation Act, Cap. 232 |
Aircraft flight navigator | Department of Civil Aviation | Air Navigation Order, (S.L. 499.09) under the Civil Aviation Act, Cap. 232 |
Aircraft maintenance engineer | Department of Civil Aviation | Air Navigation Order, (S.L. 499.09) under the Civil Aviation Act, Cap. 232 |
Apron controller | Department of Civil Aviation | Air Navigation Order, (S.L. 499.09) under the Civil Aviation Act, Cap. 232 |
Air traffic control officer | Department of Civil Aviation | Air Navigation Order, (S.L. 499.09) under the Civil Aviation Act, Cap. 232 |
Port worker | Port Workers’ Board | Port Workers Ordinance, Cap. l71 |
Foreman of port worker | Port Workers’ Board | Port Workers Ordinance, Cap. l71 |
Regulated Profession / Professional Activity | Designated Authority | Legislation |
Scheduled bus service driver Unscheduled service driver (coach) | Public Transport Directorate - Authority for Transport in Malta | Authority for Transport in Malta Act, Cap. 499 |
White window mini- van driver | Public Transport Directorate - Authority for Transport in Malta | Authority for Transport in Malta Act, Cap. 499 |
Minibus service driver | Public Transport Directorate - Authority for Transport in Malta | Authority for Transport in Malta Act, Cap. 499 |
Taxi service driver | Public Transport Directorate - Authority for Transport in Malta | Authority for Transport in Malta Act, Cap. 499 |
Motor hearse driver | Public Transport Directorate - Authority for Transport in Malta | Authority for Transport in Malta Act, Cap. 499 |
Master Chief Mate Officer in charge of navigational watch | Registrar General of Shipping and Seamen | Merchant Shipping Act, Cap. 234 Merchant Shipping (Training and Certification) Regulations (S.L. 234.17) |
Chief engineer officer | Registrar General of Shipping and Seamen | Merchant Shipping Act, Cap. 234 Merchant Shipping (Training and Certification) Regulations (S.L. 234.17) |
Second engineer officer | Registrar General of Shipping and Seamen | Merchant Shipping Act, Cap. 234 Merchant Shipping (Training and Certification) Regulations (S.L. 234.17) |
Officer in charge of engineering watch | Registrar General of Shipping and Seamen | Merchant Shipping Act, Cap. 234 Merchant Shipping (Training and Certification) Regulations (S.L. 234.17) |
Licensed testers | Licensing and Testing Directorate Authority for Transport in Malta | Motor Vehicle Roadworthiness Test Regulations (S.L. 65.15); and Motor Vehicles (Driving Licences) Regulations (S.L. 65.18) under the Traffic Regulation Ordinance, Cap. 65 |
Licensed driving instructor | Licensing and Testing Directorate Authority for Transport in Malta | Motor Vehicle Roadworthiness Test Regulations (S.L. 65.15); and Motor Vehicles (Driving Licences) Regulations (S.L. 65.18) under the Traffic Regulation Ordinance, Cap. 65 |
Licensing and Testing Directorate Authority for Transport in Malta | Motor Vehicle Roadworthiness Test Regulations (S.L. 65.15); and Motor Vehicles (Driving Licences) Regulations (S.L. 65.18) under the Traffic Regulation Ordinance, Cap. 65 | |
Able bodied seaman | Registrar General of Shipping and Seamen | Merchant Shipping (A.B. and E.D.H. Certificates) Regulations (S.L. 234.15) under the Merchant Shipping Act, Cap.234 |
Efficient Hand Deck | Registrar General of Shipping and Seamen | Merchant Shipping (A.B. and E.D.H. Certificates) Regulations (S.L. 234.15) under the Merchant Shipping Act, Cap.234 |
Pilot | Pilotage Board | Maritime Pilotage Regulations, (S.L.499.26) under the Authority for Transport in Malta Act, Cap. 499 |
Mooringman | Pilotage Board | Maritime Pilotage Regulations, (S.L.499.26) under the Authority for Transport in Malta Act, Cap. 499 |
Bunker operator | Authority for Transport in Malta | Bunkering (Fuels) Tax Act, Cap. 381 |
Engine driver | Authority for Transport in Malta | Commercial Vessels Regulations, (S.L. 499.23) under the Authority for Transport in Malta Act, Cap. 499 |
Master | Authority for Transport in Malta | Commercial Vessels Regulations, (S.L. 499.23) under the Authority for Transport in Malta Act, Cap. 499 |
Regulated Profession / Professional Activity | Designated Authority | Legislation |
General Purpose Hand | ||
Boatman | ||
Boatmaster Grade II | ||
Boatmaster Grade I | ||
Commercial Vessel Mate | ||
Commercial Vessel Master | ||
Marine Engine Driver 3 | ||
Marine Engine Driver 2 | ||
Marine Engine Driver 1 | ||
Engineer | ||
Radio Operator | Authority for Transport in Malta | Wireless Telegraphy (Certificates of Operators) Regulations, (S.L. 399.35) under the Electronic Communications (Regulation) Act, Cap. 399 |
Auctioneer | Auctioneers Board | Auctioneers Act, Cap. 342 |
Wireman | Enemalta Corporation | Electricity Supply Regulations, (S.L 423.01) under the Malta Resources Authority Act, Cap. 423 |
Local warden | Commissioner of Police | Private Guards and Local Wardens Act, Cap. 389 |
Private guard | Commissioner of Police | Private Guards and Local Wardens Act, Cap. 389 |
Probation officer | Prime Minister | Probation Act, Cap. 446 |
Cinema projectionists | Department of Labour | Code of Police Laws, Cap. 10 Occupational Health and Safety Authority Act, Cap. 424 |
Engine Drivers (Steam) (First Grade) | Department of Labour | Code of Police Laws, Cap. 10 Occupational Health and Safety Authority Act, Cap. 424 |
Engine Drivers (Steam) (Second Grade) | Department of Labour | Code of Police Laws, Cap. 10 Occupational Health and Safety Authority Act, Cap. 424 |
Engine Drivers (Internal Combustion) (First Grade) | Department of Labour | Code of Police Laws, Cap. 10 Occupational Health and Safety Authority Act, Cap. 424 |
Engine Drivers (Internal Combustion) (Second Grade) | Department of Labour | Code of Police Laws, Cap. 10 Occupational Health and Safety Authority Act, Cap. 424 |
Electric Motor Driver (First Grade) | Department of Labour | Code of Police Laws, Cap. 10 Occupational Health and Safety Authority Act, Cap. 424 |
Regulated Profession / Professional Activity | Designated Authority | Legislation |
Electric Motor Driver (Second Grade) | ||
Periti | Minister responsible for Works on the recommendation of the Bord tal-Warrant tal-Periti | Periti Act, Cap. 390 |
Advocates | President of Malta | Code of Organization and Civil Procedure, Cap. 12 |
Legal Procurators | President of Malta | Code of Organization and Civil Procedure, Cap. 12 |
Conservators- Restorers | Minister responsible for cultural heritage on the recommendation of the Bord tal-Warrant tar- Restawraturi | Cultural Heritage Act, Cap. 445 |
Diving instructors | Minister responsible for Health | |
Veterinary Surgeons | President of Malta on the recommendation of the Veterinary Surgeons’ Council | Veterinary Services Act, Cap. 437 |
Social Worker | Minister responsible for social policy | Social Work Profession Act, Cap. 468 |
Psychologist | Minister responsible for social policy | Psychology Profession Act, Cap. 471 |
Acupuncturist | Council for the Professions Complementary to Medicine | Health Care Professions Act, Cap. 464 |
Chiropractor | Council for the Professions Complementary to Medicine | |
Dental Hygenist | Council for the Professions Complementary to Medicine | |
Dental Technologist | ||
Dietitian | ||
Environmental Health Officer | ||
Medical Laboratory Scientist | ||
Nutricianist | ||
Occupational Therapist | ||
Optemetrist | ||
Orthopist | ||
Osteopaths | ||
Perfusionist | ||
Physiotherapist | ||
Podiatrist | ||
Psychotherapist | ||
Radiographer |
Regulated Profession / Professional Activity | Designated Authority | Legislation |
Speech Language Pathologist | ||
Pharmacist | Pharmacy Council | |
Pharmacy Technicians | ||
Nurses | Council for Nurses and Midwives | |
Midwives | Council for Nurses and Midwives | |
Medical Practioners | Medical Council | |
Dental Surgeons |
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