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Maltese Laws |
PERITI ACT
To regulate Periti and to provide for matters connected therewith or ancillary thereto.
1st October, 1999
ACT XIV of 1996, as amended by Act XVIII of 2002; Legal Notices 248 of 2004 and 425 of 2007; Act XXIII of 2009; and Legal Notice 335 of 2010.
Substituted by: XVIII. 2002.10.
"Board" means the Bord tal-Warrant tal-Periti established by article 6;
"competent authority" shall have the same meaning the Mutual
Recognition of Qualifications Act;
"Kamra" means the Kamra tal-Periti;
"Member State" and "citizen of a Member State" shall have the sam e meaning assigned to th em in the Mutu al
Reco gniti on of Qualifications Act;
"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 t h e design and, or, constructi on o f buildi ng works,
under the generic title of Perit and includes works in architecture and civil and structural engineering;
"service provider" means a person from any Member State or any c o untry in the Europe an Economic Area who e x e r cise
s the profession on a temporary basis in Malta;
"T reaty" means the T r eaty estab lish i ng th e Eur opean
Community;
"warrant" means a warrant granted under article 5, and "warrant holder" shall be construed accordingly.
(2) A person shall not qualify for the award of a warrant unless -
(a) he is a citizen of Malta or of a Member State otherwise permitted to work in Malta under any law;
(b) he is of good conduct;
(c) he is of full legal capacity; and
Short title. Substituted by: XVIII. 2002.10.
Interpretation. Amended by: XVIII. 2002.10; XXIII. 2009.79.
Cap. 451.
Cap. 451.
Qualifications for warrant.
Amended by:
XVIII. 2002.10;
L.N. 248 of 2004;
XXIII. 2009.80.
S.L 451.03.
(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 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.
(3) Subarticle (2) shall be interpreted in accordance with the
Recognition of Professional Qualifications Regulations.
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 succ essful comple tion of a co ur se of st ud ies i n
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 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.
(2) A warrant holder may use the designation Perit with his name.
(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 Organization and Civil Procedure and the oath of office in the following terms:
I ............................................................ do swear/solemnly a f f i rm tha t 1 wil l fai t hf ul ly a nd wi th a/ I h o n e s and exactness perform the duties of a Perit to the best of n knowledge and ability. So help me God.
5A. Without prejudice to the Mutual Recognition of Qualifications Act and notwithstanding the provisions of articles 3 and 4 of this Act, any person established in another Member State may practice the profession in Malta on a temporary and occasional basis subject to further requirements as may be provided under this Act.
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 to practise as a building professional (Perit).
Amended by: XVIII. 2002.10.
Cap. 12.
Temporary provision of services. Added by:
XXIII. 2009.81.
Cap. 451.
Bord tal-Warrant tal-Periti. Amended by: XVIII. 2002.10.
warrant holders from among themselves.
(2) The chairman shall be appointed for a term of three years, an d un der su ch co nditi ons as may be set out in h i s 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 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;
L.N. 248 of 2004;
XXIII. 2009.82.
(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 a Member State is lawfully pursuing the activities
in the field of architecture and civil engineering in Malta where he is established.
(2) The Board shall exercise its functions independently and according to its own judgment. In the exercise of its functions the
Board may:
(a) consult such persons as it may consider necessary; and
(b) appoint committees under the chairmanship of a
member of the Board for the purpose of the carrying out of such duties and tasks 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 th e same mann er an d at t h e same tim e th e Board shal l publish a list of partnerships registered in accordance
with article 9.
5(1) of the Administrative Justice Act.
(2) When any person is dissatisfied with any decision of the Board tak e n i n his reg a rd, he may app e al to t h e said Tr
i bunal against such decision not later than twenty days of service upon him of the Board’s decision.
(3) The Administrative Review Tribunal may, in its determination on any appeal entered in accordance with subarticle
( 1 ), con f irm, reverse or vary, i n w hol e or in part, t h e or igi n al decision.
Appeals. Added by: XXIII. 2009.83. Amended by:
L.N. 335 of 2010.
Cap. 490.
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 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.
Kamra tal-Periti and the power of the Minister to make regulations. Amended by: XVIII. 2002.10.
Partnerships of warrant holders.
(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.
Indemnity insurance by warrant holder or by partnership of warrant holders.
(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 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.
Provided that the provisions of this sub-article shall not ap pl y to wa rr an t ho ld er s wh o ar e , a n d fo r as lo ng a s th e y a r e, employed with the Government, in a civil or military capacity, in
*Not yet in force.
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 eac h year within a week of tak i ng o u t or r e new i n g su ch indemnity insurance inform the Board in writing of the name
of the insurance company and the relative number of the insurance policy.
13. (1) A conviction by any competent tribunal for any crime liable to imprisonment for a term exceeding one year, other than in voluntary
homicide or any other crime against the person excusab l e in ter m s of the Crimi nal Code s h a ll be a ca us e 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.
Prohibited agreements.
Disqualification of warrant holder.
Cap. 9.
(2) Notwithstanding the provisions of sub-article (1), a fresh warrant or registration of a partnership of warrant holders may be issued, granted or made at any time if the conditions for such issue or registration are satisfied.
Surrender of warrant or registration of partnership.
(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
Suspension or revocation of warrant or registration of partnership. Amended by: XVIII. 2002.10.
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.
Minister may issue fresh warrant.
Offences.
Amended by:
L.N. 425 of 2007.
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.
18. (1) Any person who, for the purpose of obtaining the 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 two thousand and three hundred and twenty-nine euro and thirty- seven cents (2,329.37) 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 entitled to exercise the profession shall be guilty of an offence and shall, on conviction,
be liable to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) 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 eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) 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 m a nner whatsoev er kn owin gly makes u s e of a name falsely implying the exis tence of a pa rt ner s
hi p o f war r an t ho ld ers registered as aforesaid shall be guilty of an offence and shall, on conviction, be liable to a fine
(multa) not exceeding one thousand and one hund red and sixt y-four euro and sixt y-nine cents (1,164.69) 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 eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) 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 fi ne ( mu l t a ) n o t exc eedi ng on e t hou sand an d o n e hu ndred and sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment fo
r a term n o t exceeding si x mont hs or to both su ch fine an d imprisonment, and in respect of a second or subsequent offence to
a fine (multa) not exceeding eleven thousand and six hundred and
forty - six euro and eigh ty-seven cent s (1 1,646 .8 7) 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 four hundred and sixty-five euro and eighty-seven cents (4 6 5 .87 ) but n o t exc eedi ng fo ur thousand and six
hundred and fifty-eight euro and seventy-five cents (4,658.75) and in the case of a con tin ui ng off e n c e to an additional fine
(multa) of sixty-nine euro and eighty-eight cents (69.88) for each day during which the offence continues.
(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.
Additional provisions with respect to offences.
Cap. 446.
(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.
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. 451. (c) the bringing into effect of the provisions of the Mutual 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.
(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.
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