Cap. 622 Art. 2Interpretation. S.L. 451.03. S.L. 451.03. Cap. 451. Cap. 500. S.L. 451.03. S.L. 451.03. Cap. 451. S.L. 451.03. Cap. 460.

In this Act unless the context otherwise requires –

"adaptation period" shall have the same meaning assigned to it in the Recognition of Professional Qualifications

Regulations;

"administration fee" means the fee that a warrant holder shall pay to the Kamra tal-Periti when submitting a declaration in connection with the requirements of article 18;

*Articles 1,3,4,5,6,7,8,9,10,11,15,16,24,26,27,28 and 29 came into force. Vide Legal Notice 373 of 2022. †Vide Legal Notice 373 of 2022 for the applicability of this article. "Annex V" and "Annex VI" mean Annex V and Annex VI of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications;

"aptitude test" shall have the same meaning assigned to it in the Recognition of Professional Qualifications Regulations;

"certificate to practise" means a certificate issued annually by the Kamra tal-Periti to a warrant holder, a partnership of warrant holders or a service provider, and without which such warrant holder, partnership of warrant holders or service provider may not provide professional services:

Provided that this definition shall not be construed that a warrant holder, a partnership of warrant holders or a service provider in possession of such certificate cannot delegate any activity which, according to the Laws of Malta, may only be rendered by warrant holders, to an employee who is also a warrant holder unless such employee is covered by an insurance policy according to article 18(1)(a);

"Code of Professional Conduct" means the Code prescribed by regulations which sets out and explains the standards of professional conduct and practice which the Kamra tal-Periti requires of persons practising the profession in Malta;

"continuous professional development" means a structured and organised activity, planned and carried out by warrant holders so as to maintain and update their knowledge of the art and science of their profession, and enhance their ability to exercise their profession, in the context of an ever-expanding body of professional expertise, as well as to keep abreast of regulatory and ethical developments, and to motivate professionals to engage in lifelong learning relevant to the safe and effective practice of their profession;

"designated authority" shall have the same meaning assigned to it in the Mutual Recognition of Qualifications Act;

"establishment" shall have the same meaning as that assigned to it in the Services (Internal Market) Act;

"European Credit Transfer and Accumulation System" or "ECTS credits" means the credit system for higher education used in the European Higher Education Area;

"European Union" shall have the same meaning assigned to it in the Treaty; "IMI" means the IT-based Internal Market Information System in operation within the European Economic Area;

"insurance policy" means a Professional Indemnity Insurance Policy issued according to documented terms and conditions, provided by an insurance provider to a Perit or Periti or other service providers rendering services in Malta under this Act, or any other means of personal or collective protection with regard to professional liability;

"Kamra tal-Periti" or "Kamra" means the Chamber of Architects and Civil Engineers established by article 12;

"lifelong learning" shall have the same meaning assigned to it by the Recognition of Professional Qualifications Regulations;

"Member State" means a state member of the European Union;

"migrant" shall have the same meaning assigned to it in the Recognition of Professional Qualifications Regulations.

"Minister" means the Minister responsible for Works and to the extent of any functions delegated to it by the Minister, includes the Periti Warranting Board;

"Perit" means the generic professional title, given to indicate to society that the holder of the title is suitably qualified and authorised to practise the profession; for this purpose, all references in the Laws of Malta to the word "architect" shall be taken to mean "Perit";

"Perit Arkitett" means the title given to the professional in accordance with this Act, and whose name has been entered into the Register under the list of Perit Arkitett, in accordance with the procedures outlined in articles 4 and 5;

"Perit Inġinier Ċivili" means the title given to the professional in accordance with this Act, and whose name has been entered into the Register under the list of Perit Inġinier Ċivili, in accordance with the procedures outlined in articles 4 and 6;

"Perit Arkitett u Inġinier Ċivili" means the title given to the professional in accordance with this Act, and whose name has been entered into the Register under both the list of Perit Arkitett and the list of Perit Inġinier Ċivili, in accordance with the procedures outlined in articles 4, 5 and 6;

"Periti" shall mean the generic title given to a group of individuals, each of whom have the right to the title of "Perit", who agree, by private deed, to form a joint entity, which, for the purposes of the liabilities assumed by the profession, as defined below, acts as one, and who shall be entered into the Register under the list of Periti as outlined in article 16;

"Periti Warranting Board" or "Warranting Board" means the Board established by article 10;

"Periti Professional Conduct Board" means the Board established by article 13;

"prescribed" means prescribed by regulations under this Act by the Minister, after consultation with the Kamra tal-Periti;

"profession" means the regulated profession assuming the responsibilities, personally or collectively, that are defined, from time to time, in the Laws of Malta, and including services related to architecture and civil engineering reserved by law to warrant holders and professional services shall be construed accordingly;

"professional traineeship" means a period of professional practice undertaken under supervision, after the completion of the appropriate programmes of academic training, as established by this Act;

"professional experience" means the actual and lawful full-time or equivalent part-time pursuit of the profession, in a Member State;

"regulated profession" shall have the same meaning assigned to it in the Mutual Recognition of Qualifications Act

"register" means the register of warrant holders referred to in article 4;

"Services Directive" shall mean Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market;

"service provider" means a person from any Member State or any country in the European Economic Area who exercises the profession on a temporary and occasional basis in Malta, in accordance with the provisions of the Services Directive;

"stamp" means a professional stamp, bearing the name and registration number of the warrant holder or partnership, to a design as prescribed by regulation, issued by the Kamra together with the issuance of the certificate to practise, and which stamp may also be in electronic format, and shall be used by the warrant holder or partnership on all formal documentation where such stamp is required;

"temporary and occasional basis" shall have the same meaning assigned to it in the Recognition of Professional Qualifications Regulations;

"Treaty" shall have the same meaning assigned to it in the European Union Act;

"warrant" means a warrant granted under article 3, and "warrant holder" shall be construed accordingly.