               MUTUAL RECOGNITION OF QUALIFICATIONS       _g CAP. 451.        1
CHAPTER 451
MUTUAL RECOGNITION OF QUALIFICATIONS ACT
Relating to the Mutual Recognition of Qualifications.
20th September, 2002
ACT XVIII of 2002.
Short title.
Qualifications Act.
Interpretation.
"Agreement" means an agreement between groups of states to
which Malta is a party, reciprocally granting to citizens of such
states or their dependants the right to enter, remain and reside in
and leave the country of such state, to move freely within such
states for such period as may be established in the agreement and to
work or establish, provide or receive services therein; and
"Agreement State" and "citizen of an Agreement State" shall be
construed accordingly; and where a state is a party to such an
Agreement subject to modifications and adaptations, a citizen of an
Agreement State shall be subject to such modifications or
adaptations as may be prescribed;
"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 an Agreement State
authorized under the legislation or established practice of that State
to issue, award or recognize such document, certificate, diploma or
qualification, or attestation of competence or to certify any such
period of professional and vocational experience;
"designated authority" means a licence, permit or warrant
awarding body or authority in Malta 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 an
Agreement State designated according to the law of that state;
"Minister" unless otherwise specified, means the Minister
responsible for education;
  2        CAP. 451. _h               MUTUAL RECOGNITION OF QUALIFICATIONS  
"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
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 an Agreement
State;
"regulated profession and regulated professional activity" means
those regulated professions and professional activities listed in the
Schedule.
Practice of a 
regulated 
profession.
3. * This Act shall apply to the professions and professional
activities listed in the Schedule, provided that no applicant shall be
entitled to practise a regulated profession 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.
Decision of 
designated 
authorities.
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 which it is based within four months of receipt of all the
relevant documents.
Mutual 
Recognition 
Coordinator.
5.* (1) The Minister shall designate a person to be known as
the Mutual Recognition Coordinator to coordinate the activities of
the designated authorities in Malta and to promote 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.
Malta 
Qualifications 
Recognition 
Information 
Centre.
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;
*in force as from 1st May. 2004.
               MUTUAL RECOGNITION OF QUALIFICATIONS       _g CAP. 451.        3
( 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.
Right of appeal.* (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 chairperson and two other members who shall be
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.
Cap. 12.
(3) A member of the Board shall abstain and may be
challenged in such circumstances as would disqualify ajudge in
terms of Sub-Title II of Title II of Book Third of the 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 interest, incompetence, or acts 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
determine all appeals made 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.
Cap. 12.
(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
*in force as from 1st May. 2004.
  4        CAP. 451. _h               MUTUAL RECOGNITION OF QUALIFICATIONS  
and Civil Procedure.
Power to make 
regulations.
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 under 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;
( 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 and amend or vary any such schedules currently in force
including the possibility of adding or deleting professions 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.
               MUTUAL RECOGNITION OF QUALIFICATIONS       _g CAP. 451.        5
SCHEDULE
(Article 2)
Regulated Profession 
/ Professional 
Activity
Designated Authority Legislation
Teacher Minister responsible for 
education
Education Act, Cap. 327
Instructor
Kindergarten Assistant
Facilitator
Accountant AccountancyBoard Accountancy Profession Act, Cap. 281
Auditor
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 Brokers and other 
Intermediaries Act, Cap. 404
Weighers Malta Standards Authority Weights and Measures Ordinance, Cap. 
39
Engineer Engineering Board Engineering Profession Act, Cap. 321
Mason Masons Board Code of Police Laws, Cap. 10
Tourist guide Minister responsible for 
Tourism
Tourist Guide Service Act, Cap. 190
Aircraft pilot Department of Civil 
Aviation
Air Navigation Order, (L.N.176/90) under 
the Civil Aviation Act, Cap. 232
Aircraft flight 
engineer
Aircraft flight 
navigator
Aircraft maintenance 
engineer
Apron controller
Air traffic control 
officer
Port worker Port Workers’ Board Port Workers Ordinance, Cap. l71
Foreman of port 
worker
Scheduled bus 
service driver
Unscheduled service 
driver (coach)
Public Transport Directorate 
- Malta Transport Authority
Malta Transport Authority Act, Cap. 332
White window mini-
van driver
  6        CAP. 451. _h               MUTUAL RECOGNITION OF QUALIFICATIONS  
Minibus service 
driver
Taxi service driver
Motor hearse driver
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, 2001 (L.N. 197 
of 2001)
Chief engineer 
officer
Second engineer 
officer
Officer in charge of 
engineering watch
Licensed testers Licensing and Testing 
Directorate
Malta Transport Authority
Motor Vehicle Roadworthiness Test 
Regulations, 1999 (L.N. 126 of 1999); 
and
Licensed driving 
instructor
Motor Vehicles (Driving Licences) 
Regulations, 2002 (L.N. 191 of 2002)
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, 2001 (L.N.196 
of 2001) under the Merchant Shipping 
Act, Cap.234
Efficient Hand Deck
Pilot Pilotage Board Pilotage and Mooring Regulations, 1975 
(L.N. 163/75) under the Malta Maritime 
Authority Act, Cap. 352
Mooringman
Bunker operator Malta Maritime Authority Bunkering (Fuels) Tax Act, Cap. 381
Engine driver Malta Maritime Authority Mechanically Driven Boats (Passengers 
and Cargo) Regulations, 1955 
(Government Notice 704/55) under the 
Code of Police Laws, Cap. 10
Master inside/outside 
harbour
General Purpose 
Hand
Boatman
Boatmaster Grade II
Boatmaster Grade I
Commercial Vessel 
Mate
Commercial Vessel 
Master
Regulated Profession 
/ Professional 
Activity
Designated Authority Legislation
               MUTUAL RECOGNITION OF QUALIFICATIONS       _g CAP. 451.        7
Marine Engine 
Driver 3
Marine Engine 
Driver 2
Marine Engine 
Driver 1
Engineer
Radio Operator Malta Maritime Authority Wireless Telegraphy (Certificates of 
Operators) Regulations, 1999 (L.N. 72 of 
1999) under the Wireless Telegraphy 
Ordinance, Cap. 49
Auctioneer Auctioneers Board Auctioneers Act, Cap. 342
Wireman Enemalta Corporation Electricity Supply Regulations, 1940 
(G.N. 223/40) under the Malta Resources 
Authority Act, Cap. 423
Local warden Commissioner of Police Private Guards and Local Wardens Act, 
Cap. 389
Private guard
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)
Engine Drivers 
(Steam) (Second 
Grade)
Engine Drivers 
(Internal 
Combustion) (First 
Grade)
Engine Drivers 
(Internal 
Combustion) 
(Second Grade)
Electric Motor 
Driver (First Grade)
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
Regulated Profession 
/ Professional 
Activity
Designated Authority Legislation
  8        CAP. 451. _h               MUTUAL RECOGNITION OF QUALIFICATIONS  
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
Regulated Profession 
/ Professional 
Activity
Designated Authority Legislation
