S.L. 607.3 Art. 50Power of the Authority to requireinformation and to investigate.

(1) All licensees shall provide the Authority with such information relating to their branches, subsidiaries, agencies or offices in or outside Malta as the Authority may require by means of a notice in writing in the discharge of its duties under these regulations or any other law: Provided that such information may include statements and declarations by the licensee and any other official or unofficial documentation.

(2) All information required under sub-regulation (1) shall be submitted in such form and at such periods of time as the Authority may from time to time prescribe by means of guidelines issued by the Authority for such purpose under these regulations.

(3) All information provided by any licensee under sub-regulation (1) shall be regarded as secret and confidential between the licensee and the Authority: Provided that the Authority shall provide such information to the Minister as may be required by him upon a request in writing and the Authority shall inform the Minister if it deems that there is any matter of concern regarding the state of affairs of a licensee: Provided further that the Authority may take copies of any documents provided to it by any licensee under this regulation.

(4) The Authority may, by means of a notice in writing, require a licensee, persons occupying a headship position, members of the body corporate, as the case may be, or any of the licensee’s officers to attend before it or before an officer appointed by it at such time and place as it may specify in the notice, to answer questions and provide information as it may reasonably require for the performance of its functions under these regulations:

Provided that where the Authority appoints an officer as provided under this sub-regulation, such officer shall, for the purposes of carrying out his functions under such appointment, have all the powers conferred on the Authority by this regulation and any requirement made by him shall be deemed to have the same force and effect as a requirement made by the Authority: Provided further that the Authority may require an officer it has appointed under this sub-regulation to submit a report in such form as it may specify.

(5) Where the person required to provide information under this regulation does not have access to such information, such person shall disclose to the Authority where, to the best of his knowledge, that information or documentation can be found and the Authority may require any person who appears to be in possession of that information or documentation to provide it.

(6) Any information provided under this regulation may be used as evidence against the person providing such information as well as against any person or licensee to whom such information relates.

(7) The Authority may, where it deems fit, and by notice in writing to the licensee, appoint an officer or officers to investigate and report on the affairs of a licensee. Such officer shall have all the powers conferred on the Authority by this regulation and any requirement made by him shall be deemed to be, and shall have the same force and effect as a requirement made by the Authority: Provided that the Authority may require any officer appointed under this subregulation to submit interim and final reports on the conclusions of the investigation in such form as it may specify: Provided further that where an investigation under this regulation finds the investigated licensee to be in default of its obligations under these regulations the Authority shall have the power to charge such licensee with any of the expenses related to such investigation.

(8) The Authority may also exercise its powers under this regulation as follows:

(a) in relation to a branch or subsidiary of the licensee;

(b) in relation to any person who has, at any relevant time, been in charge of the provider or any branch or subsidiary of the licensee; and

(c) where it has reasonable grounds for suspecting a person to be violating any provision of these regulations or any guidelines made by the Authority accordance with these regulations: Provided that, without prejudice to the applicability of regulation 56, upon any violation of regulation 5(1), the provider responsible for such violation shall be allowed one year from the date on which such violation is notified to it in writing by the Authority to obtain a licence under these regulations. Upon the lapse of such period, the Authority shall have the power to order such individual or body corporate to suspend all activities related to the unlicensed provision of further or higher education for such period as the Authority sees fit in order for such provider to obtain a licence: Provided further that any such action taken by the Authority under this sub-regulation shall have due regard for the interests of the students undertaking a programme with the respective provider, ensuring that solutions are found to ensure that they are given the opportunity to complete any programme they had commenced.