NATIONAL MINIMUM CONDITIONS (SCHOOLS 
TEACHING ENGLISH AS A FOREIGN LANGUAGE)  g S.L.327.65 1
SUBSIDIARY LEGISLATION 327.65
NATIONAL MINIMUM CONDITIONS (SCHOOLS 
TEACHING ENGLISH AS A FOREIGN LANGUAGE) 
REGULATIONS
9th April, 1996
LEGAL NOTICE 60 of 1996, as amended by Legal Notice 133 of 1998.
Citation.
Conditions (Schools Teaching English as a Foreign Language)
Regulations.
Interpretation.
hereunder, words and expressions shall have the same meaning
assigned to them in the Act:
Cap. 327.
"all-inclusive package" means the pre-arranged tuition at a
school combined with at least another non-academic service
mentioned hereunder, when offered by a school, whether at an
inclusive price or separately, and when the package covers a period
exceeding twenty-four hours, it also includes -
( a ) accommodation or lodging of any kind;
( b ) other services not ancillary to accommodation and
equivalent to at least one-fourth of the tuition time
included in the package;
"association" means an association of schools teaching English
as a foreign language which in the opinion of the Minister -
( a ) represents such number of schools as would in the
immediately preceding year, have serviced the largest
number of students; and
( b ) has established for its member schools guidelines
aimed at ensuring academic standards which are at
least in conformity with the requirements of these
regulations;
"Board" means the Monitoring Board established by regulation
5;
"Minister" means the Minister responsible for education;
"non-academic service" means any service provided by a school
as part of an all-inclusive package with the exception of tuition;
"school" means a school in terms of the Act, whose principal
activity is the teaching of English as a foreign language.
Scope.
conditions for schools whose principal activity is the organization
of courses for the teaching of English as a foreign language to
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NATIONAL MINIMUM CONDITIONS (SCHOOLS 
TEACHING ENGLISH AS A FOREIGN LANGUAGE) 
students who are not Maltese nationals.
National minimum 
conditions.
4. (1) The national minimum conditions for all schools for
the purposes of article 7 of the Act are those set out in the Schedule
to these regulations.
(2) Except for schools duly licensed under the Act and which
comply with the provisions of these regulations, no person may in
any way indicate or hold himself out as being licensed or approved
by the Minister, or to use words having a similar effect in any
stationery, brochure or other document.
S.L. 327.12 (3) The provisions of the National Minimum Conditions for all
Schools Regulations shall not continue to apply to schools for the
teaching of English as a foreign language with effect from the
coming into force of these regulations.
Monitoring Board. 5. (1) There shall be established a Board, to be called the
Monitoring Board, having such functions and powers as are set out
in subregulations (5) and (6).
(2) The Board shall be composed of six members appointed as
follows:
( a ) a Chairperson and one other member appointed by the
Minister;
( b ) a member appointed by the Minister responsible for
tourism;
( c ) a member appointed by the Rector of the University of
Malta;
( d ) a member appointed by the association;
( e ) a member elected from among licensed heads of
school.
(3) The Board shall be appointed for a period not exceeding
two years.
(4) Prior to the first meeting of the Board, the Chairperson and
the three other members appointed in terms of regulation 5(2)( a ),
( b ) and ( c ) shall convene a meeting of the heads of each licensed
school in order to elect the member of the Board in terms of
regulation 5(2)( e ). This meeting shall be convened within two
months of the appointment of the Chairperson.
(5) The Board shall have the following functions:
( a ) to advise the Minister on the issuing of licenses, the
conditions of issue and the revocation thereof;
( b ) to monitor the compliance by schools with the
provisions of the Act, of the licence conditions and of
these regulations, and to report to the Minister thereon;
( c ) to recommend to the Minister such measures as the
Board may consider appropriate to be taken against
any School in breach of the provisions of the Act, of
the licence conditions and of these regulations;
( d ) in general to advise and make recommendations to the
Minister in any matter concerning such schools; and
NATIONAL MINIMUM CONDITIONS (SCHOOLS 
TEACHING ENGLISH AS A FOREIGN LANGUAGE)  g S.L.327.65 3
( e ) to perform such other functions as the Minister may
from time to time prescribe.
(6) Without prejudice to the rights of the Minister in terms of
the Act, the Board shall have such powers and authorities as may be
required for the proper performance by it of any and all of its
functions as set out in subregulation (5). Without prejudice to the
generality of the foregoing the powers of the Board shall include
the power to carry out investigations and inspections of schools and
to conduct interviews with any person involved in the management
of a school for the purpose of monitoring and enforcing compliance
with the provisions of the Act, of the licence conditions and of
these regulations, and to report thereon to the Minister.
All-inclusive 
package.
6. All schools shall comply with the provisions set out in
Parts A and B of the Schedule. Schools providing an all-inclusive
package shall, apart from complying with Parts A and B of the
Schedule, also comply and conform to the minimum conditions set
out in Part C of the Schedule.
Touristic package.
package offered, organized or otherwise promoted by any person
unless such school executes a written contract with such person.
Such contract shall provide for such person to take such measures
and safeguards for the protection and general well-being of
students under the age of eighteen years, which measures and
safeguards shall at least be equivalent to those which the school
itself would take had it been providing an all inclusive package.
Offences and 
penalties.
8. Any head of a school that contravenes, or fails to comply
with any provisions of these regulations, shall be guilty of a
contravention and shall, on conviction, be liable to a penalty not
exceeding two hundred liri and to an additional penalty of ten liri
for each day during which the offence continues in the case of a
continuing offence.
Amended by:
L.N. 133 of 1998.
SCHEDULE
(Regulation 6)
PART A - CLASSROOM ACCOMMODATION
1. School premises must:
( a ) be in good structural and well decorated condition;
( b ) be well ventilated and aired, protected from heat, cold
and humidity, and well lit;
( c ) be kept clean at all times, conform to all sanitary
regulations regarding school buildings, and must be
regularly maintained;
( d ) be free of hazards to safety and to good health, and
must have adequate fire exit signs and fire fighting
equipment;
( e ) have a sufficient number of classrooms to provide
accommodation for all students who are accepted by
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TEACHING ENGLISH AS A FOREIGN LANGUAGE) 
the School at any one time.
2. Heads of Schools are to afford any person authorised by
the Director General (Education) to inspect the school, all co-
operation and assistance as may be lawfully required by such
person. Schools may also be inspected by health inspectors at any
time, and they are to comply with the lawful instructions of such
inspectors. Inspections may also be carried out by, or at the request
of, the Monitoring Board, in which case any official of the
Department of Education carrying out the inspection shall forward
a copy of the report on the inspection to the Chairperson of the
Board through the Director General (Education).
3. Classrooms should be of such dimensions and should
contain such furniture as to ensure that each student accommodated
therein can sit and write in comfort. Desks, chairs, tables and other
furniture should be in a good state of repair and should allow
flexibility in classroom layout.
4. Classrooms should be adequately equipped with teaching
aids commensurate with the size of the classroom and the level of
teaching. Each classroom should at least have a board and/or other
means of graphic display which should be large enough for the
classroom and positioned in a way as to ensure easy vision by all
students.
5. Each classroom should have an independent access.
6. Schools shall provide adequate and accessible common
areas, commensurate with the total number of students present
within the school premises at any one time. Common areas should
also adequately provide facilities for the accommodation of
students during break-time and access for students between
classrooms.
7. Toilet and sanitary facilities must be approved by the
competent health authorities. Such facilities should be
commensurate with the total number of students present within the
school premises at any one time. Separate male and female toilet
facilities should be provided at the rate of one per fifty students.
Teaching personnel and other staff should have their own separate
toilet and sanitary facilities. All toilet and sanitary facilities should
be clean and hygienic.
8. Any written description and/or graphical depiction,
including photographic or other means of representation, used to
promote, publicise or describe the facilities of the School, must be
a faithful and accurate representation of the School and its facilities
and must conform to the real state of the School, classrooms and
common areas being described, depicted or represented. 
9. Any description or representation aimed at publicising,
promoting or marketing the services and facilities, including
teaching aids, learning materials, classrooms, equipment, audio
visual and audio-lingual facilities of the School, must be a faithful
and accurate description or representation of the services and
facilities actually provided by such School.
NATIONAL MINIMUM CONDITIONS (SCHOOLS 
TEACHING ENGLISH AS A FOREIGN LANGUAGE)  g S.L.327.65 5
PART B - ACADEMIC STAFF
1. Director of Studies
1.1 The Head of School shall nominate a Director of Studies to
have the overall responsibility for all academic matters of the
school. Save for the provisions of paragraph 1.3 hereunder, nothing
mentioned in this provision shall prohibit the Head of School from
acting as the Director of Studies.
1.2 A person appointed as Director of Studies must be so
appointed on an exclusive basis, and only act in such capacity for
one school at a time.
1.3 The Director of Studies shall have the qualifications set out
hereunder:
( a ) a permanent/temporary teacher’s warrant;
( b ) a minimum of 1,000 hours in teaching English as a
foreign language;
( c ) a first degree in English of a recognised University or
a diploma or higher qualification of a recognized
institution in the teaching of English as a foreign
language.
1.4 The Director of Studies shall be responsible for the day to
day administration of the school and all academic matters of the
school. The Director of Studies should be present within the school
premises at all times during the running of courses. Without
prejudice to the generality of the foregoing, the duties and
responsibilities of the Director of Studies shall include:
( a ) course design and implementation;
( b ) setting all placement and final tests and certification;
( c ) the recruitment and in-service training of teachers;
( d ) the setting and maintenance of minimum academic
standards;
( e ) the academic welfare of students and teachers;
( f ) the maintenance of proper attendance records of
students;
( g ) liaison between the school and the Department of
Education on academic matters;
( h ) complying with all reporting requirements which may
lawfully be requested from time to time by the
Department of Education or the Monitoring Board in
an accurate and timely manner; and
( i ) complying with all applicable laws and regulations.
2. Teachers
2.1 No school shall employ or otherwise engage teachers that
do not possess the minimum qualifications set out in these
regulations.
2.2 The minimum qualifications for teachers are the following:
Teachers must:
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NATIONAL MINIMUM CONDITIONS (SCHOOLS 
TEACHING ENGLISH AS A FOREIGN LANGUAGE) 
( a ) be at least eighteen years of age;
( b ) possess a permanent/temporary teacher’s warrant;
( c ) have a matriculation standard of education;
( d ) have successfully followed a recognised induction
course in the methodology of teaching English as a
foreign language, approved by the Minister on the
recommendation of the Board;
( e ) possess an Advanced Level certificate in English of a
recognized institution, or comparable qualifications.
2.3 Any person who has a minimum of five years uninterrupted
experience of teaching English as a foreign language prior to the
coming into force of these regulations shall be deemed  satisfy the
qualification requirements under paragraph 2.2( c ) above.
2.4 A school may, at the discretion of the Director of Studies,
engage the services of specialists to give lessons in English for
specific purposes or in specialised subjects. Any person so engaged
shall not for the purpose of these regulations, be deemed to
constitute part of the teaching staff of the school and is not
expected to possess the requirements set out in paragraph 2.2( b ),
( c ) and ( d ) above. Notwithstanding the foregoing it shall be the
responsibility of the Director of Studies to ensure that any person
so engaged can guarantee a satisfactory level of spoken English and
of instruction in the specialised area, and that such person is
qualified in the specialised area to which the lessons pertain. Such
persons shall complement the regular teaching personnel only in so
far as lessons in the specialised area are concerned.
3. Certificates
3.1 Schools shall, over the signature of the Director of Studies,
issue an attendance certificate for every student, setting out the title
and level of the course followed, together with the dates of
attendance and number of hours actually attended by the student.
3.2 A school shall, upon the specific request of a student, issue
a course script outlining the areas or topics covered during the
course, and the proficiency attained by the student.
PART C - NON-ACADEMIC MATTERS
1. Schools offering  non-academic services to  students as
part of an all-inclusive package shall appoint an Administrator who
shall have overall responsibility for all non-academic services
offered by the school. The Administrator may be the same person
appointed as Director of Studies, in which case such person shall in
addition to his duties as Director of Studies, also have the
responsibilities of Administrator.
2. The duties and responsibilities of an Administrator may be
entrusted to a Board of Administration, in which case the
responsibilities of an Administrator shall be vested collectively in
all the members of the Board of Administration.
3. Whether the non-academic services provided by the school
are so provided directly by the school or through agents or sub-
NATIONAL MINIMUM CONDITIONS (SCHOOLS 
TEACHING ENGLISH AS A FOREIGN LANGUAGE)  g S.L.327.65 7
contractors, the school shall remain responsible for the provision of
such services and the Administrator shall ensure that non-academic
services that may have been offered in an all-inclusive package are
effectively provided at standards which are customary for the
provision of such services and in conformity with the relative
contractual obligations.
4. The duties and responsibilities of an Administrator for
non-academic services shall include the following:
4.1 the provision of an advisory and information service to
students during normal school hours;
4.2 liaison with any person or entity through whom the
school provides the student with accommodation or
lodging;
4.3 liaison with any person or entity through whom the
School provides transportation arrangements, leisure,
entertainment and cultural activities in Malta;
4.4 in the case of students who have not attained the age of
eighteen years:
( a ) the provision of adequate supervision for such
activities as may be organised by the school
from time to time;
( b ) the provision of a 24 hour emergency service to
student leaders, agencies and competent
authorities and students in those instances where
minors are travelling without an accompanying
leader;
( c ) the taking of such measures as may be necessary
to safeguard the general well-being of students
during their stay in Malta;
4.5 the approval of board and lodging facilities and the
ensuring that such facilities at all times comply with
all licensing conditions and applicable regulations, and
are what the student was offered as part of the all-
inclusive package;
4.6 the vetting of necessary permits and authorisations by
all sub-contractors/agents or other persons providing
any service to the students on behalf of the school;
4.7 ensuring that any description or representation made
by the school intended or aimed at marketing,
publicising or otherwise promoting the nonacademic
services offered by the school, is a faithful and
accurate description or representation of the services
and facilities effectively provided.
5. The Administrator shall ensure the observance by the
school of all employment regulations as these effect all the
employees of the school.
