  ENGINEERING PROFESSION  g CAP. 321.        1
CHAPTER 321 
ENGINEERING PROFESSION ACT
To regulate the engineering profession and to provide for matters
connected therewith or ancillary thereto.
22nd February, 1988;
1st June, 1988;
1st September, 1990;
1st December, 1993;
1st October, 1995;
1st December, 1998
ACT VII of 1988 as amended by Acts V of 1990 and XVIII of 2002.
Short title.
Act.
Interpretation.
"Board" means the Engineering Board established by article 6;
"Engineer" means a person who has obtained a degree in
engineering from the University of Malta or from a foreign
institution recognised as equivalent;
"Minister" means the Minister responsible for infrastructure and,
to the extent of any functions delegated to it by the Minister,
includes the Board;
"prescribed" means prescribed by regulations under this Act;
"profession of engineer" means the profession practised by an
engineer who is a warrant holder;
"warrant" means a warrant granted under article 4; and "warrant
holder" shall be construed accordingly.
Conditions 
required to qualify 
for a warrant.
3. (1) No person shall practise the profession of engineer
unless he is the holder of a warrant issued under article 4.
(2) A person shall not qualify for a warrant unless -
( a ) he is a citizen of Malta;
( b ) he is of good conduct;
( c ) he is of full legal capacity; and 
( d ) he shall satisfy the Board that - 
(i) he is in possession of such degree of the
University of Malta or an equivalent
professional qualification relating to the
engineering profession as at the relevant time is
recognised by the Board to be sufficient for the
purposes of this article;
(ii) for the period of not less than one year before or
after obtaining the qualification referred to in
sub-paragraph (i) he has undergone practical
engineering training approved by the Board; and
  2      CAP. 321. h               ENGINEERING PROFESSION 
(iii) for a period of not less than two years after
obtaining the qualification referred to in sub-
paragraph (i) he has trained in the practice of the
profession under the supervision of a practising
engineer.
(3) Notwithstanding the provisions of subarticle (2)( d ), a
person who on the 1st day of January, 1988 had already for a period
of not less than fifteen years before that date occupied a responsible
engineering position, may be exempted by the Board from having
the requirements of subarticle (2)( d ), and after passing a
professional and academic assessment by the Board, may, if he
satisfies paragraphs   ( a ), ( b ) and ( c ) of that subarticle, be granted a
warrant.
(4) A request for the exemption referred to in subarticle (3)
must be made to the Board not later than a year after the coming
into force of this article * :
Cap. 44.
Provided that a person who has obtained the warrant of
architect and civil engineer under the Architects Ordinance may not
at the same time obtain the warrant of engineer.
Warrant to practise 
as engineer.
4. (1) The warrant to practise the profession of engineer shall
be issued by the Minister on the recommendation of the Board to
any person who satisfies the requirements of subarticle (2), and,
where applicable, the provisions of subarticles (3) and (4) of article
3.
(2) A warrant holder may use the designation " Inginier" or its
abbreviation "In g." with his name .
Grant of special 
licence to exercise 
profession of 
engineer.
5. (1) Notwithstanding the provisions of article 3(2), the
Minister may, after consulting the Board, grant a special licence to
any person holding foreign professional engineering qualifications
acceptable to the Board, to exercise that profession in Malta for a
definite time and for a particular purpose and subject to such other
conditions as may be specified in the licence.
(2) A person to whom a special licence is granted under the
preceding subarticle shall be deemed to be a warrant holder during
the time and for the purpose specified in the licence and the
provisions of this Act and of any other law shall apply to him in the
same manner and to the same extent like any other warrant holder.
Regulations in 
relation to mutual 
recognition of 
qualifications.
Added by:
XVIII. 2002.10.
Cap. 450.
5A. The Minister may make regulations for bringing into effect
the provisions of the Mutual Recognition of Qualifications Act and
subsidiary legislation issued thereunder, in relation to the mutual
recognition of qualifications of engineer.
*Subarticle (1) of article 3 came into force on 10th October, 1995, by virtue of Legal
Notice 70 of 1995. Subarticles (2) and (3) of the said article 3 came into force on 1st
September, 1990, by virtue of Legal Notice 130 of 1990. Subarticle (4) was originally
paragraph ( b ) of subarticle (3) and consequently came into force on 1st September,
1990, as part of subarticle (3).
  ENGINEERING PROFESSION  g CAP. 321.        3
Engineering 
Board. 
Amended by: 
V. 1990.2.
6. (1) There shall be a Board, to be known as the Engineering
Board, which shall consist of - 
( a ) a chairman to be appointed by the Minister from
among persons who are or have been qualified to be
appointed judges in Malta;
( b ) three members appointed by the Minister from among
warrant holders, one of whom shall be a member of the
academic staff of the Faculty of Engineering of the
University of Malta; and
( c ) three members who shall be elected by secret ballot by
warrant holders from among themselves:
 Provided that not more than two of the elected
members shall be warrant holders practising in the
same field of the profession.
(2) The Chairman and the appointed members of the Board
shall hold office for such term not exceeding three years and under
such conditions as may be set out in their letter of appointment. The
elected members of the Board shall hold office for a period of two
years.
(3) Until such time as the Minister may by notice in the Gazette
establish, subarticle (1)( b )   and   ( c ) shall not be in force, and the
Minister shall appoint six members of the Board from among
persons who in his opinion qualify for the warrant. Such members
shall hold office for a period not exceeding one year and shall be
eligible for reappointment.
(4) The members of the Board shall, on the expiration of the
term of their office, be eligible to be reappointed or re-elected, as
the case may be.
(5) When any vacancy in the Board occurs the Minister shall,
as soon as practicable, in the case of an appointed member, appoint
another person to fill the vacancy, and in the case of an elected
member, cause an election to be held to fill the vacancy.
(6) The number of members necessary to form a quorum shall
be three, but, subject to the presence of a quorum, the Board may
act notwithstanding any vacancy among its members.
(7) The Minister may also designate a public officer to act as
secretary to the Board, but such secretary shall not have a vote. 
(8) Save as aforesaid the Board may make its own rules and
otherwise regulate its own procedure.
Functions of the 
Board.
7. (1) The functions of the Board are - 
( a ) to consider applications for the issue of a warrant and
make its recommendations thereon to the Minister;
Cap. 9.
( b ) to hold enquiries regarding any charge of professional
misconduct or abuse made against any engineer in
connection with the exercise of his profession or with
professional matters, saving the provisions of the
Criminal Code or of any other law;
  4      CAP. 321. h               ENGINEERING PROFESSION 
( c ) to deal with cases leading to the suspension or
withdrawal of a warrant, or of a special licence granted
under article 5, as provided by or under this Act;
( d ) to advise, or make recommendations or otherwise
express its views, to the Minister on any matter on
which the Minister is to consult with the Board or on
which the Board is to make recommendations to the
Minister or on which the opinion or recommendation
of the Board is sought by the Minister; 
( e ) to perform such other functions as arise from this Act
or any other law or as may be delegated to it by the
Minister under this Act.
(2) In the exercise of its functions under paragraphs   ( d )   and   ( e )
of subarticle (1), the Board may consult with such persons as it may
deem appropriate, and in the exercise of its functions under
subarticle (1)( c ), ( d )   and   ( e ), may also appoint committees, of
which the Chairman shall be a member of the Board, for the
carrying out of such studies or other work as the Board may assign
to them.
(3) The Board shall, not later than three months after the end of
each year, publish in the Gazette a list of persons who, on the 31st
December of the said year, were holders of a warrant issued under
this Act. Such list may, with the approval of the Minister, be
divided into separate parts, each part containing the list of warrant
holders qualified in separate fields of engineering.
Partnerships of 
engineers.
8. (1) Two or more warrant holders may form a civil
partnership, hereinafter referred to as "partnership of engineers",
having for its exclusive object the practice of engineering 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 engineers.
(3) Any such partnership shall, when duly formed according to
law and on payment of the prescribed fee, be registered with the
Board, and upon such 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
"In giniera".
(4) Every such partnership shall give to the Minister or to the
Board such information as they may reasonably require or as may
be prescribed, and shall give notice to the Minister or to the Board
of any relevant change in any information previously given to them
within fifteen days after the date on which the change occurs.
Provisions 
applicable to 
partnerships of 
engineers.
9. Notwithstanding the provisions of any other law or any
other agreement to the contrary, the following provisions shall
apply to a partnership of engineers registered under this Act:
( a ) the partners shall be jointly and severally responsible
  ENGINEERING PROFESSION  g CAP. 321.        5
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 standard
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 prohibition imposed by or under this Act in
respect of one of the partners shall apply to all the
partners and to the partnership even where the act
prohibited or restricted, or giving rise to the
prohibition or restriction, is done by one of the
partners;
( c ) 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;
( d ) 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 engineers shall not
cease, in respect of such person, by his retirement,
death or other cause by which he ceases to be a
partner.
Indemnity 
insurance by 
warrant holder and 
by partnership of 
engineers.
10. (1) Every warrant holder or partnership registered under
this Act shall be covered by an indemnity insurance by such
company, in such manner and for such amount as may be
prescribed against any liability which the warrant holder or the
partnership may incur for compensation in respect of loss or
damage to any person as a result of any negligent act, error or
omission committed by the warrant holder, the partnership, any
partner thereof or any of the employees in the exercise of their
functions, as well as against any claim in respect of any loss or
damage brought about or contributed by a criminal or malicious act
or omission of any of their employees:
Provided that the provisions of this subarticle shall not apply
to warrant holders who are, and for as long as they are, employed
with the Government in a civil or military capacity in respect of
their official duties.
(2) Every warrant holder or partnership of engineers bound to
be covered by an indemnity insurance under this article shall, each
year and within a week of taking out or renewing such indemnity
insurance, inform the Board in writing of the name of the insurance
company and the relative number of the insurance policy.
Prohibited 
agreements.
11. (1) Any agreement or other arrangement purporting to
exempt a warrant holder or a partnership of engineers from any
liability, responsibility or duty under this Act or under any other
law, or to relieve them therefrom, or, except under an indemnity
insurance as provided under article 10, to indemnify them against
any such liability, responsibility or duty shall be null and void.
  6      CAP. 321. h               ENGINEERING PROFESSION 
(2) Any agreement or other arrangement whereby a warrant
holder or a partnership of engineers agrees to pay, directly or
indirectly, to any person any commission, brokerage fee, share of
professional fees, or any other form of reward or remuneration for
obtaining or having obtained any professional work shall be null
and void.
Disqualification of 
warrant holder.             
Cap. 9.
12. (1) A conviction by any competent court for any crime
liable to imprisonment for a term exceeding one year, other than
involuntary homicide or any other crime against the person
excusable in terms of the Criminal Code, shall be a cause of
perpetual disability to obtain or retain the warrant.
(2) Such disability shall be declared by the Minister by notice
published in the Gazette and shall be communicated to the person
disqualified, unless he has been interdicted by the sentence itself.
(3) The Minister may, at any time, and if the Board so
recommends, by order remove the disability declared by him.
Surrender of 
warrant, special 
licence or 
registration of 
partnership.
13. (1) A warrant, a special licence or a registration of a
partnership of engineers issued, granted or made under the
provisions of this Act may be withdrawn or cancelled by the
Minister at the request of the warrant holder, licensee or
partnership as the case may be.
(2) Notwithstanding the foregoing, a fresh warrant, special
licence or registration of a partnership of engineers may be issued,
granted or made at any time if the conditions for such issue or
registration are satisfied.
Suspension or 
revocation of 
warrant, special 
licence or 
registration of 
partnership.
14. The Minister may, by order in writing, suspend, revoke or
cancel a warrant, a special licence or registration of a partnership of
engineers, if the warrant holder, licensee or any one of the partners,
as the case may be - 
( a ) has been found guilty, after an inquiry by the Board, of
any of the following acts or omissions:
(i) dishonesty, misconduct or gross negligence in
the exercise of his profession;
(ii) conduct discreditable to the profession;
(iii) failure to comply with regulations with respect
to professional standards or practices;
(iv) failure to comply with any condition attached to
a warrant issued under the provisions of article
16;
or 
( b ) has been found guilty by a competent court of an
offence under the provisions of this Act or of any
regulations made thereunder; or
( c ) without prejudice to the provisions of article 12 of this
Act, has been found guilty by a competent court of a
crime affecting public trust or of theft or of fraud or of
knowingly receiving property obtained by theft or
  ENGINEERING PROFESSION  g CAP. 321.        7
fraud.
Effects of 
revocation or 
suspension of 
warrant, special 
licence, or 
registration of 
partnership.
15. Where a warrant or special licence issued under this Act is
withdrawn, suspended or revoked, the person to whom the warrant
or licence was issued shall cease to be the holder of such warrant or
licence; and upon the cancellation of the registration of a
partnership of engineers the members of that partnership shall
cease to act in the name and on behalf of the partnership and the
partnership shall cease to use the designation "In ginier" or the
corresponding abbreviation "In g.".
Minister may issue 
fresh warrant.
16. The Minister may, after the expiration of one year from the
date of the revocation or withdrawal of a warrant or special licence
or the cancellation of a partnership of engineers, and if the Board
so recommends, issue a fresh warrant or special licence or
authorise the registration of a partnership of engineers under the
provisions of this Act, subject to such conditions as he may deem
necessary.
Remuneration of 
warrant holders.
17. A warrant holder shall be remunerated for such specific
professional services as may be prescribed, solely by such fees and
under such rules as may be prescribed.
Chamber of 
Professional 
Engineers.
18. (1) The Minister may, after consulting the Board,
recognise an association of warrant holders to be known as the
Chamber of Professional Engineers.
(2) Whenever the number of members of that Chamber is not
less than two-thirds of the total number of warrant holders the
Minister may recognise a code of ethics submitted to him by that
Chamber and such code of ethics shall regulate the professional
behaviour of warrant holders which is not already prescribed.
(3) The Minister may at any time amend any part of or
withdraw his recognition of such code of ethics after giving due
notice thereof.
Offences.
warrant, special licence or registration of a partnership of engineers
under the provisions of this Act, gives any wrong 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 (Lm1,000) or to imprisonment not
exceeding twelve months or to both such fine and imprisonment.
(2) Any person who, not being the holder of a warrant, assumes
or uses the designation "In ginier" or its abbreviation "In g.", or in
any manner indicates that he is entitled to exercise the profession of
engineer shall be guilty of an offence and shall, on conviction, be
liable to a fine ( multa ) not exceeding one hundred liri (Lm100) and
in respect of a second or subsequent offence to imprisonment for a
term not exceeding three months or to both such fine and
imprisonment.
(3) Any person who uses the designation "In giniera" in relation
to a partnership of engineers knowing that such partnership is not
registered in accordance with the provisions of this Act, or in any
manner whatsoever knowingly makes use of a name falsely
  8      CAP. 321. h               ENGINEERING PROFESSION 
implying the existence of a partnership of engineers registered as
aforesaid, shall be guilty of an offence and shall, on conviction, be
liable to a fine ( multa ) not exceeding two hundred liri (Lm200) and
in respect of a second or subsequent offence to imprisonment for a
term not exceeding six months or to both such fine and
imprisonment.
(4) Any person who, not being the holder of a warrant or a
special licence in accordance with the provisions of this Act,
practises the profession of engineer shall be guilty of an offence
and shall, on conviction, be liable to a fine ( multa ) of not less than
two hundred liri (Lm200) but not exceeding four hundred liri
(Lm400), and in respect of a second or subsequent offence to a fine
( multa ) of not less than three hundred liri (Lm300) but not
exceeding five hundred liri (Lm500) or to imprisonment for a term
not exceeding six months or to both such fine and imprisonment.
(5) Any person who contravenes the provisions of article 10
shall be guilty of an offence and shall, on conviction, be liable to a
fine ( multa ) of not less than two hundred liri (Lm200) but not
exceeding five hundred liri (Lm500) and in the case of a continuing
offence to an additional fine ( multa ) of thirty liri (Lm30) for each
day during which the offence continues.
Additional 
provisions with 
respect to offences.
20. (1) The provisions of this Act establishing offences and
punishments in respect thereof shall not affect the operation 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.
Cap. 446. (2) The provisions of the Probation Act shall not apply to this
Act.
(3) For the purposes of article 19(2) and (3), the use of any
card, letterhead, sign, board, plate, advertisement or other written,
printed or engraved device, instrument or document, of the word
"In ginier" or its abbreviation "In g." in relation to a name, shall be
sufficient evidence of the knowledge of such use by the person in
relation to whose name the said word or abbreviation is used,
unless such person proves that the use of such word or abbreviation
was made without his knowledge and that upon becoming aware of
the use he took adequate steps to stop it.
(4) For the purposes of this Act - 
( a ) a person shall not be deemed to practise the profession
of engineer if he acts simply as an employee of or,
assistant to, a warrant holder or a partnership of
engineers, and does not issue any certification of an
engineering nature under his name;
( b ) to the extent that is so prescribed, a person shall not be
deemed to exercise the profession of engineer if he is
in such employment or holds or acts in such office, or
performs only such work, services, acts or functions as
may be prescribed.
Regulations. 21. The Minister may, after consulting the Board, make
  ENGINEERING PROFESSION  g CAP. 321.        9
regulations to give better effect to any of the provisions of this Act
and generally to regulate the profession of engineering, and,
without prejudice to the generality of the foregoing, such
regulations may in particular include provisions with respect to -
( a ) the establishment of engineering standards, procedures
and other duties and practices to be followed by
warrant holders either generally or in particular fields
of activity;
( b ) the professional conduct of warrant holders and the
standards of competency and integrity to be kept by
the profession;
( c ) the issue of guidelines and other advice to engineers; 
( d ) the work which cannot be performed and services
which cannot be rendered, whether wholly or in part,
except by warrant holders under this Act;
( e ) the work which cannot be performed and services
which cannot be rendered by warrant holders under
this Act;
( f ) the fees that may be charged by warrant holders or by
a partnership of engineers for specific services; the
authority, if any, by which any dispute concerning
such fees may be settled and the procedure to be
followed by any such authority;
( g ) the fees that may be charged for the issue of a warrant
or special licence or for the registration of a
partnership of engineers or for copies thereof;
( h ) the procedure to be followed by the Board in
connection with its functions under article 7(1)( b ) and
( c ); and the powers which that Board shall have to
carry into effect those functions;
( i ) the punishments, penalties and other consequences and
effects to which a person may become liable or which
may take place in the event of any contravention of, or
non-compliance with, the provisions of any regulation
made under this article; so however that no
punishment so imposed shall exceed a fine ( multa ) of
one thousand liri (Lm1,000) or imprisonment for a
term of one year, or of both such fine and
imprisonment, or, in the case of a continuing offence,
a fine ( multa ) of ten liri (Lm 10) for each day during
which the offence continues, whether or not in
addition to the punishments aforesaid;
( j ) the forms of reports or information which a warrant
holder or a partnership of engineers may be required to
furnish to the Minister or to the Board;
( k ) any matter which is required or is authorised by this
Act to be prescribed.
Applicability of 
this Act.
22. This Act shall apply only to the Engineering profession in
the fields of Mechanical Engineering and Electrical Engineering: 
  10      CAP. 321. h               ENGINEERING PROFESSION 
Provided that the Minister may, from time to time by order,
extend the applicability of this Act to other fields of the
Engineering profession.
