S.L. 390.5 Art. 12Proof of good conduct.

(1) Whereas in accordance with article 3(2)(b) of the Act, the Board requires of persons proof of good character when they take up for the first time the activities in the field of architecture and civil engineering, it shall accept as sufficient evidence, in respect of citizens of other Member States, a certificate issued by a competent judicial or administrative authority in the Member State of origin or in the Member State from which the applicant comes, attesting that the requirements of that Member State as to good character for taking up the activity in question have been met.

(2) Where the Member State of origin or the Member State from which the applicant comes does not require proof of good character of persons wishing to take up the activity in question for the first time, the Board may require of citizens of the Member State of origin or of the Member State from which the applicant comes an extract from the ‘judicial record’ or, failing this, an equivalent document issued by a competent judicial or administrative authority in the Member State of origin or the Member State from which the applicant comes.

(3) Where the competent judicial or administrative authority in another Member State does not issue documents of the kind specified in sub-regulations (1) and (2), the Board shall, instead of such documents, accept as sufficient proof that an applicant satisfies a requirement specified in sub-regulations (1) and (2), a declaration on oath that the requirement is met, or if there is no provision in the Member State for a declaration on oath, a solemn declaration that the requirement is met, made by the applicant before the competent judicial or administrative authority of the Member State of origin or the Member State from which the applicant comes; such authority shall issue a certificate attesting the authenticity of the declaration on oath or the solemn declaration.

(4) If the Board has detailed knowledge of a serious matter which has occurred abroad prior to the establishment of the applicant in Malta or if it knows that the declaration referred to in sub-regulation (3) contains incorrect information and if the matter or information is likely to affect the taking up in Malta of the activity concerned, it may inform the Member State of origin or the Member State from which the applicant comes.

(5) The Member State of origin or the Member State from which the applicant comes shall verify the accuracy of the facts in so far as they might affect the taking up of the activity in question in Malta. The competent authorities in that State shall themselves decide on the nature and extent of the investigation to be made and shall inform the Board of any consequential action which they take with regard to the certificates or documents they have issued.

(6) The Board shall ensure the confidentiality of the information forwarded.