                          TOURIST GUIDE SERVICE                   [ CAP. 190.      1
CHAPTER 190 
TOURIST GUIDE SERVICE ACT
To provide for the organization and regulation of a Tourist Guide
Service.
23rd November, 1965
ACT XLVI of 1965, as amended by Acts XXXVI of 1977, XIII of 1983,
XVI of 1984 and II of 1986.
Short title.
Interpretation. 
Amended by: 
XXXVI.1977.8; 
II. 1986.2.
2. In this Act, unless the context otherwise requires -
"licence" means a licence to act as a tourist guide issued by the
Minister under the provisions of article 3;
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution of Malta;
"Minister" means the Minister responsible for tourism and except
for the power to make regulations under article 11, includes any
person acting under the authority of the said Minister;
"prescribe" or "prescribed" means prescribe or prescribed by
regulations made under this Act;
"services", in relation to a tourist guide, means the services of
accompanying and providing guidance to Maltese or foreign
persons in tours in Malta or any part thereof or to museums,
monuments or other places of interest in Malta;
"tourist" includes residents of Malta and associations of persons
in Malta or outside Malta promoting tourist traffic to Malta;
"tourist guide" or "guide" means any person to whom a licence
has been issued under the provisions of article 3.
Tourist guide to be 
licensed. 
Amended by: 
XXXVI. 1977.8; 
XIII. 1983.5.
3. (1) No person shall offer his services as a tourist guide or
perform such services for a remuneration or reward unless he is in
possession of a licence, and any such licence may specify the area
or areas where, and the language or languages in which, his
services as guide may be offered or performed and may be subject
to such other conditions as the Minister may impose.
(2) Every such licence shall be in the form set out in the
Schedule, shall bear a photograph of the licensee and shall expire
on the thirty-first day of December next following the date of issue.
(3) Subject to the provisions of article 7, any person who offers
his services as a tourist guide or performs such services for
remuneration or reward without a licence issued under subarticle
(1) or not in accordance with any conditions imposed in any such
licence shall be guilty of an offence and liable, on conviction, to
imprisonment for a term not exceeding one month or to a fine
( multa ) not exceeding twenty-five liri or to both such imprisonment
and such fine.
  2        CAP. 190. ]         TOURIST GUIDE SERVICE  
The Minister may 
fix maximum 
number of 
licences. 
Amended by: 
XXXVI. 1977.8.
4. The Minister may from time to time fix the maximum
number of licences which may be issued under this Act and
determine the distribution of such number or part thereof among
categories of licences to be established by reference to the area or
areas where, and the language or languages in which, the services
as a guide are to be performed.
Conditions under 
which the licence 
shall be granted. 
Amended by: 
XXXVI. 1977.8; 
XVI. 1984.2.
 5. (1) No licence shall be granted by the Minister unless the
person applying therefor satisfies the Minister that -
( a ) he is of good character and is a fit and proper person
act as a guide; and
( b ) he is medically fit and not suffering from any
disability which, in the opinion of the Minister, is
likely to interfere with the performance of his services
as a guide.
(2) Any person applying to the Minister for a licence shall be
required to sit for and qualify in an examination before being
granted such licence:
  Provided that any person who holds a permit or an authorization
to act as a tourist guide immediately before the coming into force
of this Act shall not be required to sit and qualify in the
examination referred to in this subsection.
(3) Every tourist guide may from time to time as the Minister
may determine be required to sit for and qualify in an examination
as a condition for the renewal of his licence.
Transfer of licence. 
Amended by: 
XIII.1983.5.
6. Licences shall not be transferable and any person who
tranfers a licence or who makes use of a licence issued in the name
of another person or makes use of any other document for the
purpose of representing himself falsely to be a tourist guide shall be
guilty of offence under this Act and liable, on conviction, to
imprisonment for a term not exceeding one month or a fine ( multa )
not exceeding fifty liri or to both such imprisonment and such fine.
Production of 
licence and tariff. 
Amended by: 
XXXVI.1977.8.
7. (1) Every guide shall produce his licence for inspection on
the demand of the Minister or any person authorized by the
Minister in that behalf or of any tourist who has applied for his
services or to whom his services have been offered.
(2) Every guide shall produce for inspection on the demand of
any tourist who has applied for his services or to whom his services
have been offered a copy of the tariff of the prescribed charges for
services.
Charges for tourist 
guide services.
8. No guide shall, in respect of his services, directly or
indirectly ask for or stipulate a remuneration or reward which is
higher than the prescribed charges for such services or ask for or
stipulate a remuneration or reward which is lower than such
prescribed charges.
Suspension or 
cancellation of 
licences. 
Amended by: 
XXXVI.1977.8.
9. Where, after such inquiry as he deems fit, the Minister is
satisfied that a guide - 
( a ) has behaved in an improper manner towards a tourist;
or
                          TOURIST GUIDE SERVICE                   [ CAP. 190.      3
( b ) has done something which is prohibited by this Act or
any regulations made thereunder or has failed to do
something which he is required to do by this Act or
any regulations made thereunder; or
( c ) has been convicted of an offence under this Act or any
regulations made thereunder or of any other offence
which in the opinion of the Minister renders him unfit
to continue to act as a guide or reflects adversely on
the status of a guide,
the Minister may, having regard to the circumstances of the case,
either suspend or cancel the licence issued to such guide.
Representations by 
applicant, etc. 
Substituted by: 
XXXVI. 1977.8.
10. Before refusing to grant or renew a licence under this Act,
and before suspending or cancelling any such licence, the Minister
shall inform the applicant or the licensee of his intention and shall
give him an opportunity to make representations.
Regulations. 
Amended by: 
XIII. 1983.5.
11. (1) The Minister may by regulations make provision
generally for carrying into effect the purposes of this Act and for
the good and efficient working of a tourist guide service in Malta
and, without prejudice to the generality of this power, - 
( a ) for prescribing the conditions of service of guides, the
charges which may be made by guides for their
services and the reports to be made by guides;
( b ) for preventing collusion between guides and other
persons to the detriment of tourists;
( c ) for regulating the behaviour of guides towards tourists;
and
( d ) for prescribing the penalties, which shall in no case
exceed a fine ( multa ) of fifty liri, to which any
offender against any regulations made under this Act
shall be liable.
(2) Any regulations made under this section shall be laid before
the House of Representatives as soon as may be after they are
made, and if, within the next twenty days beginning with the day on
which any such regulations are so laid before it, the House of
Representatives resolves that the regulations be annulled, they shall
thenceforth be void, but without prejudice to anything previously
done thereunder or to the making of any new regulations:
   Provided that there shall not be included in the computation of
the said twenty days any period of four or more consecutive days
intervening between any two consecutive sittings of the House of
Representatives.
Probation Act shall 
not apply.
Added by:
II. 1986.3. 
Cap. 446.
12. The provisions of the Probation Act shall not apply in
relation to the offences under articles 3 and 6 and in relation to
offences against regulations made under article 11.
  4        CAP. 190. ]         TOURIST GUIDE SERVICE  
Amended by: 
XXXVI. 1977.8.
Photograph of 
Guide.
SCHEDULE 
The Tourist Guide Service Act
.................................................................................................
of .............................................................................................
is hereby authorized to act as a guide in ...................................
in accordance with the provisions of the Tourist Guide Service Act.
This licence expires on the 31st day of December, 19...........
Dated the................
day of.............. 
19......
