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Mutual Recognition of Qualifications Act (Cap. 451) Consolidated

CHAPTER 451

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.

1. The short title of this Act is the Mutual Recognition of

Qualifications Act.

2. In this Act, unless the context otherwise requires -

"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.

3. This Act shall apply to the professions and professional activities listed in the Schedule, provided that no applicant shall be enti tled to practise a regu lated pro f ession or a regulated professional activity unless he fulfils the conditions for the taking up or pursuit of that profession or activity in accordance with the provisions of this Act or of any enactment listed in the Schedule.

4. A designated authority for a regulated profession shall consider an application as soon as it is reasonably practicable, and shall notify the applicant of its decision together with the reasons upon whic h it is based within four months of receipt of all the relevant documents.

5. (1) The Minister shall designate a person to be known as the Mutual Recognition Coordinator to coordinate the activities of th e designated authori ties in Malt a and to prom ote uniform application of this Act.

(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.

6. (1) The Minister shall set up a centre to be designated as the Malta Qualifications Recognition Information Centre.

(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.

7. (1) There shall be a Board, which shall have such number of divisions as the Minister may by order in the Gazette prescribe, to be known as the Mutual Recognition of Qualifications Appeals Board, hereinafter referred to as "the Board", and such Board shall consist of a chai rperson an d t w o other m e mb ers w ho sh al l b e appointed by the Prime Minister from among persons of known integrity who appear to him to be qualified by reason of having had experience of, and shown capacity in, matters deemed appropriate for such purpose.

(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.

8. (1) The Minister shall make regulations to bring the provisions of this Act into effect and in respect of any matter which may be prescribed un der this Act; without prejudice to the generality of the foregoing, the Minister may, by such regulations:

(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)