PERITI ġ CAP. 390.  1
CHAPTER 390
PERITI ACT
Substituted by:
XVIII. 2002.10.
To regulate Periti and to provide for matters connected therewith or
ancillary thereto.
1st October, 1999
ACT XIV of 1996.
Short title.
Substituted by:
XVIII. 2002.10.
1. The short title of this Act is the Periti Act.
Interpretation.
Amended by:
XVIII. 2002.10.
Cap. 450.
2. In this Act unless the context otherwise requires -
"Agreement", "Agreement State", and "Citizen State" shall have
the same meaning assigned to them in the Mutual Recognition of
Qualifications Act;
"Board" means the  Bord tal- Warrant  tal-Periti  established by
article 6;
Cap. 450.
Recognition of Qualifications Act;
"Kamra" means the  Kamra tal-Periti ;
"Minister" means the Minister responsible for works 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" means the profession assuming responsibility for
the design and, or, construction of building works, under the
generic title of  Perit  and includes works in architecture and civil
and structural engineering;
"warrant" means a warrant granted under article 5, and "warrant
holder" shall be construed accordingly.
Qualifications for 
warrant.
Amended by:
XVIII. 2002.10.
  3. (1) No person shall practise the profession unless he is the
holder of a warrant under article 5.
(2) A person shall not qualify for the award of a warrant
unless-
( a ) he is a citizen of Malta or of an Agreement otherwise
permitted to work in Malta under any law;
( b ) he is of good conduct;
( c ) he is of full legal capacity; and
( d ) he satisfies the Board that -
(i) he is in possession of academic qualifications
obtained after successful completion of a course
of study of at least four years full-time duration,
or the equivalent part-time duration, at the
University of Malta or such other university or
academic institution as may be recognised for
2 ġ CAP. 3905. PERITI
the purpose by the Board after having consulted
the Kamra, which course contains those
minimum core subjects in the fields of
architecture and civil engineering, as the
Minister may, after consulting the Kamra,
prescribe;
 (ii) for a period of not less than two years after
obtaining the academic qualifications referred to
in sub paragraph (i), he has trained in Malta
under the supervision of a practising warrant
holder, in accordance with such guidelines as the
Minister may, after consulting the Kamra,
prescribe:
Provided that where the academic
qualifications referred to in sub paragraph (i) are
obtained after a course of five years full-time
duration or more, or its part-time equivalent, the
period of training referred to in this
sub paragraph shall be of one year:
       Provided further that with the approval of the
Board such training may, for a period not
exceeding one year, in the said period of two
years, be undergone in a State outside Malta
with a professional in related disciplines, duly
qualified to practise in such State;
(iii) he has been duly examined and approved by the
Board in an examination or examinations for the
purpose, as the Minister may, after consulting
the Kamra, prescribe:
    Provided that the Board may exempt a person
who obtained the academic qualifications from
the University of Malta or from such other
university or academic institution approved for
the purpose by the Board after consulting the
Kamra, from all or part of such examination or
examinations.
Special 
circumstances.
Amended by:
XVIII. 2002.10.
4. Notwithstanding the provisions of article 3, a person who
possesses the qualifications listed in paragraphs of sub-article of
article 3(2)( a ), ( b ) and ( c ), and in paragraph ( d )(ii) and (iii) of the
said sub-article, may be granted a warrant, if the Board is satisfied
that such person is in possession of an academic degree obtained
after the successful completion of a course of studies in
architecture, civil engineering or related disciplines at a university
or equivalent academic institution, and such person has, where the
course of studies in the opinion of the Board,
 (i) was of a lesser duration than four years’ studies,
or equivalent part-time duration, or
 (ii) did not contain those minimum subjects in the
fields of architecture and civil engineering as are
prescribed by the Minister in accordance with
article 3(2)( d )(i),
undergone practical training for a period of not less than six months
PERITI ġ CAP. 390.  3
and not more than three years as the said Board may establish from
case to case, under the certified supervision of a practising warrant
holder, in accordance with such guidelines as the Minister, after
consulting the Kamra, may prescribe:
Provided that the Board may also require such person to
undergo such tests in such subjects which it may deem necessary. 
Warrant to practise 
as a building 
professional 
( Perit ) .
Amended by:
XVIII. 2002.10.
 5. (1) The warrant to practise the profession shall be granted
by the Minister on the recommendation of the Board to any person
who satisfies the requirements of articles 3 or 4.
(2) A warrant holder may use the designation  Perit  with his
name.
Cap. 12.
(3) Any person who is granted such a warrant shall, before
entering upon the exercise of his profession, take before the Court
of Appeal, in a public sitting, the oath of allegiance referred to in
article 10 of the Code of Organisation and Civil Procedure and the
oath of office in the following terms:
I ............................................................ do swear/solemnly
affirm that 1 will faithfully and with a/I hones and exactness
perform the duties of a Perit to the best of n knowledge and ability.
So help me God.
Bord tal- Warrant 
tal-Periti.
Amended by:
XVIII. 2002.10.
  6. (1) There shall be a Board, to be known as the  Bord tal-
Warrant  tal-Periti  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 ) two members appointed by the Minister from among
warrant holders, who have held their warrant for at
least eight years;
( c ) two members appointed by the Kamra from among
warrant holders who have held their warrant for at
least eight years; and
( d ) two members who shall be elected by secret ballot by
warrant holders from among themselves.
 (2) The chairman shall be appointed for a term of three years,
and under such conditions as may be set out in his letter of
appointment.
 (3) The other members of the Board shall hold office for a term
of two years, and under such conditions as may be set out in their
letter of appointment:
Provided that in the first year, one of each of the members,
appointed or elected under sub-article (1)( b ), ( c ) and ( d ), shall be
appointed or elected for one year, so that, thereafter, half the said
members other than the chairman shall vacate their office each
year.
 (4) When any vacancy in the Board occurs, the Minister shall,
as soon as practicable, in the case of the chairman, or a member
appointed by him, appoint another person to fill the vacancy; in the
case of a member appointed by the Kamra, request the Kamra to
4 ġ CAP. 3905. PERITI
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.
(5) 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.
(6) The Minister may also delegate a public officer to act as
secretary to the Board, but such secretary shall not have a vote.
(7) Save as aforesaid, the Board may make its own rules and
otherwise regulate its own procedure.
Functions of the 
Board.
Amended by:
XVIII. 2002.10.
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;
( b ) organise and regulate, and determine requests for
exemptions from, the professional warrant
examination in accordance with articles 3 and 4;
( c ) regulate the conditions of practical training abroad, in
accordance with the provisions of article 3;
( d ) approve universities or academic institutions in
accordance with article 3; 
( e ) advise the Minister, and organise and regulate the
appropriate tests and periods of practical training, as
provided for in article 4; and
( f ) issue a certificate stating that the person wishing to
practise the profession in an Agreement State is
lawfully pursuing the activities in the field of
architecture and civil engineering in Malta where he is 
established.
 (2) In the exercise of its functions, the Board may consult with
such persons as it may deem appropriate and may also appoint
committees, of which the chairman shall be a member of the Board,
for the carrying out of duties or other work as the Board may assign
to them.
 (3) The Board shall keep a register of warrant holders and
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 registered as holders of a warrant issued under this
Act. In the same manner and at the same time the Board shall
publish a list of partnerships registered in accordance with article 9.
Kamra tal-Periti 
and the power of 
the Minister to 
make regulations.
Amended by:
XVIII. 2002.10.
 8. (1) All warrant holders shall have the right to belong to the
Kamra and to participate in its activities.
(2) The Minister shall have the power to make regulations -
( a ) prescribing the conditions and rules required for the
legal establishment and administration of the Kamra,
its maintenance, and the validity of its decisions, and
for determining its functions and powers;
( b ) assigning to the Kamra the duty of enquiring into any
charge of professional misconduct or abuse made
PERITI ġ CAP. 390.  5
against any warrant holder in connection with the
exercise of his profession or with professional matters;
( c ) vesting the Kamra with disciplinary powers in
connection with any misconduct, or abuse referred to it
in paragraph ( b ) hereof, by such means and in such
form as prescribed by regulations:
      Provided that no punishment shall be awarded by
the Kamra until full opportunity has been given to the
warrant holder charged to make his defence, saving his
right to appeal against the decision of the Kamra to the
Court of Appeal within such time and in such form as
shall be prescribed from time to time; 
( d ) making provision for securing the enforcement of the
Kamra’s and the Board’s decisions.
Partnerships of 
warrant holders.
 9. (1) Two or more warrant holders may form a civil
partnership, hereinafter referred to as a "partnership of warrant
holders", having for its exclusive object to practice the profession
and having 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 warrant holders.
 (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  Periti.
(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 changes in any information previously given to
them, within fifteen days after the date on which the change occurs.
Provisions 
applicable to 
partnerships of 
warrant holders.
10. Notwithstanding the provisions of any other law or other
agreement to the contrary, the following provisions shall apply to a
partnership of warrant holders under this Act:
( a ) the partners shall be jointly and severally responsible
for the actions and omissions of each and everyone 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 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;
( c ) the responsibilities and liabilities for anything done or
omitted to be done during the period in which a
6 ġ CAP. 3905. PERITI
warrant holder was a partner in a partnership of  Periti
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 or 
by partnership of 
warrant holders.
11. * (1) Every warrant holder or partnership registered under
this Act may be required to 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 or thing 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, 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 sub-article 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 warrant holders
bound to be covered by an indemnity insurance under this article
shall each year 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.
 12. Any agreement or arrangement purporting to exempt a
warrant holder or a partnership of warrant holders from any
liability, responsibility or duty under this Act or under any other
law, or to relieve them therefrom, or, except under any indemnity
insurance as provided under article 11, to indemnify them against
any such liability, responsibility or duty shall be null and void.
Disqualification of 
warrant holder.
Cap. 9.
 13. (1) A conviction by any competent tribunal 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 in the case of a warrant holder 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 judgment 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 or 
registration of 
partnership.
  14. (1) A warrant or a registration of a partnership of warrant
holders 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, or partnership, as the case may be.
(2) Notwithstanding the provisions of sub-article (1), a fresh
warrant or registration of a partnership of warrant holders may be
*Not yet in force.
PERITI ġ CAP. 390.  7
issued, granted or made at any time if the conditions for such issue
or registration are satisfied.
Suspension or 
revocation of 
warrant or 
registration of 
partnership.
Amended by:
XVIII. 2002.10.
 15. The Minister may, by order in writing, suspend, revoke or
cancel a warrant, or registration of a partnership of warrant holders,
if the warrant holder, or one of the partners, as the case may be -
( a ) has been found guilty, after an inquiry by the Kamra,
subject to appeal to the Court of Appeal, 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
17; 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 13, 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
fraud.
Effects of 
revocation or 
suspension of 
warrant, or 
registration of 
partnership.
16. Where a warrant issued under this Act is withdrawn,
suspended or revoked, the person to whom the warrant was issued
shall cease to be the holder of such warrant, or shall be suspended
from the exercise of his profession as the case may be, and he shall
cease or suspend the use of the designation  Perit ; and upon the
cancellation of the registration of a partnership of warrant holders
the members of that partnership and the partnership shall cease to
act in the name and on behalf of the partnership and the partnership
shall cease to use the designation  Periti .
Minister may issue 
fresh warrant.
17. The Minister, acting on the recommendation of the Board,
may, after the expiration of one year from the date of the revocation
or withdrawal of a warrant or the cancellation of a partnership of
warrant holders, issue a fresh warrant or authorise the registration
of a partnership under the provisions of the Act, subject to such
conditions as the Minister on the recommendation of the Board
may deem necessary.
Offences.
warrant, or registration of a partnership of warrant holders, under
the provisions of this Act, gives 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 or to imprisonment not exceeding twelve months
or to both fine and imprisonment.
 (2) Any person who, not being the holder of a warrant, assumes
or uses the designation  Perit , or in any manner indicates that he is
8 ġ CAP. 3905. PERITI
entitled to exercise the profession shall be guilty of an offence and
shall, on conviction, be liable to a fine ( multa ) not exceeding five
hundred liri or to imprisonment for a term not exceeding six
months or to both such fine and imprisonment, and in respect of a
second or subsequent offence to a fine ( multa ) of not more than five
thousand liri or to imprisonment for a term not exceeding two years
or to both such fine and imprisonment.
 (3) Any person who uses the designation  Periti  in relation to a
partnership of warrant holders, 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
implying the existence of a partnership of warrant holders
registered as aforesaid shall be guilty of an offence and shall, on
conviction, be liable to a fine ( multa ) not exceeding five hundred
liri or to imprisonment for a term not exceeding six months or to
both such fine and imprisonment, and in respect of a second or
subsequent offence to a fine ( multa ) of not more than five thousand
liri or to imprisonment for a term not exceeding two years or to
both such fine and imprisonment.
 (4) Any person who, not being the holder of a warrant in
accordance with the provisions of this Act, practices the profession
shall be guilty of an offence and shall, on conviction, be liable to a
fine ( multa ) not exceeding five hundred liri or to imprisonment for
a term not exceeding six months or to both such fine and
imprisonment, and in respect of a second or subsequent offence to a
fine ( multa ) not exceeding five thousand liri or to imprisonment for
a term not exceeding two years or to both such fine and
imprisonment.
(5) Any person who contravenes the provisions of article 11 of
this Act shall be guilty of an offence and shall, on conviction, be
liable to a fine ( multa ) of not less than two hundred liri but not
exceeding two thousand liri and in the case of a continuing offence
to an additional fine ( multa ) of thirty liri for each day during which
the offence continues.
Additional 
provisions with 
respect to offences.
 19. (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 18(2) and (3), the use on any
card, letterhead, sign, board, plate, advertisement or other written,
printed or engraved device, instrument or document, of the word
“ Perit”  or “Architect” or either of those words used in combination
with the words "Civil Engineer" or "Structural Engineer", shall be
sufficient evidence of the knowledge of such use by the person in
relation to whose name the said word is used, unless such person
proves that the use of such word was made without his knowledge
and that upon becoming aware of it, he took adequate steps to stop
it.
PERITI ġ CAP. 390.  9
(4) For the purposes of this Act -
( a ) a person shall not be deemed to practise the profession
of a warrant holder if he acts as an employee of, or
assistant to a warrant holder or a partnership of
warrant holders and does not issue any certification of
an architectural and civil engineering nature under his
name;
( b ) to the extent that is so prescribed, a person shall not be
deemed to exercise the profession of a warrant holder
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.
Amended by:
XVIII. 2002.10.
20. The Minister may, after consulting the Kamra, make
regulations to give effect to any of the provisions of this Act and
generally to regulate the profession, and without prejudice to the
generality of the foregoing, such regulations may in particular
include provisions with respect to: 
Cap. 12.
( a ) the making of a tariff of fees payable to warrant
holders for professional work and services not
included in Tariff K of Schedule A annexed to the
Code of Organization and Civil Procedure;
( b ) the fees that may be charged for the issue of a warrant
or for the registration of a partnership of warrant
holders, or for copies thereof; 
Cap. 450.
Recognition of Qualifications Act and subsidiary
legislation issued thereunder, in relation to the mutual
recognition of qualifications of perit;
( d ) any matter which is required or is authorised by this
Act to be prescribed.
Saving.
Cap. 44 - 
Repealed.
 21. (1) Any regulations made under the Architects Ordinance,
hereinafter referred to as "the Ordinance", shall continue to apply
as in force before the coming into force of this article, until revoked
or amended, with such modifications, adaptations and limitations
as may be necessary in accordance with the provisions of this Act.
(2) Any warrant granted before the coming into force of this
Act under the provisions of the Ordinance shall, notwithstanding
anything contained in this Act, remain in force after the coming
into force of this Act and shall be deemed to have been granted
under this Act and shall be governed by the provisions of this Act.
(3) The Chamber of Architects established by the Ordinance
shall continue as the Chamber referred to in article 8.
