Cap. 327 Art. 23Interpretation.

Without prejudice to the provisions of this Act, in this Part, insofar as the context does not otherwise require:

"adaptation period" means a period during which a person may exercise the teaching profession in Malta under supervision in a licensed school, or in any other manner as the Council may decide, which period may include the provision of such further training to such person, as may be required by the Council, and at the end of which a proficiency test shall be carried out; "the Council" means the Council for the Teaching Profession in Malta established by article 26; "to practise" in relation to the teaching profession includes the taking up or pursuit of the teaching profession in Malta at compulsory education level bound by the curriculum in a licensed school; "professional and ethical standards" includes standards relating to the general conduct of a member of the teaching profession, including the behaviour of such member towards his students, during or consequential to the exercise of his profession, and behaviour of such member towards other members of his profession, towards other persons assisting teachers in the exercise of their profession, and towards society;

"proficiency test" means a test, as may be required by the Council in accordance with the provisions of this Act, having the aim of assessing a person’s ability to pursue the teaching profession in Malta;

"registered teacher" means a person who is registered in the official register of teachers kept by the Council and who has been granted a warrant to practise the teaching profession, in accordance with article 29; "teacher" means a person trained in the science of the educational process and in the use of the pedagogical skills in such manner that such person has the skill to create an environment which motivates every student and succeeds to teach such student effectively by motivating his aspirations for the highest values in life and help him develop creative and thinking skills according to his age, his physical, moral, social, emotional and intellectual development and according to the potential of his skills and talents with the final aim that the student is trained to become a lifelong learner: Provided that, for the purposes of this Part, and insofar as not otherwise provided in any other law, "teacher" does not include a Kindergarten or Learning Support Assistant, a teacher in a school teaching a language as a foreign language, or any person who renders a teaching service in cultural, sport and religious sectors, insofar as this teaching is not being imparted as an integral part of compulsory education in terms of the curriculum in a licensed school: Provided further that a teacher in possession of a Degree of Bachelor in Education in Early Childhood and Care teaching at kindergarten level shall be considered as a teacher for all intents and purposes of the law;

"warrant" means a warrant issued under article 24; "temporary warrant" means a temporary warrant issued under article 25. to 24. (1) Subject to the provisions of this Part, no person shall exercise the teaching profession against remuneration or hold himself to be professionally qualified to do so unless such person is the holder of a warrant issued under this Act.

(2) Without prejudice to any provision made by or under the

Mutual Recognition of Qualifications Act and regulations made thereunder, a person shall not qualify for a warrant unless such person -

(a) is a Maltese citizen, or is otherwise permitted to work in Malta under any law; and

(b) is of good conduct; and

(c) has full legal capacity; and

(d) is in possession of -

(i) a Degree of Bachelor in Education; or

(ii) a Degree of Bachelor together with a Post-Graduate Certificate in Education; or

(iii) a Doctorate, or a Bachelor’s Degree and a Master’s Degree, together with a certificate of a pedagogical course organised by the Directorate for Educational Services established by article 10 or by any other institution which is recognised by the Council; or

(iv) any other professional qualification as the Council may deem comparable; and

(e) satisfies the Council that he has received adequate experience in the practice of the teaching profession under supervision in a school or provider of further education as defined in article 63 which school or provider is recognised by the relevant competent authority tasked with the licensing thereof by or under this Act, or in any other manner as the Council may decide, for an aggregate period of at least two scholastic years full-time or its equivalent in part-time following the completion of such degree or such other professional qualification as hereabove mentioned, and for the purposes of this paragraph the practice by such teacher of the profession to acquire the above mentioned experience shall be deemed to be practice in accordance with this Act: Provided that holders of the Degree of Bachelor in Education in Early Childhood Education and Care who practise at kindergarten level and who satisfy the requirements of paragraphs (a), (b), (c) and (e) shall be eligible for the award of a warrant.

(3) The Post-Graduate Certificate in Education, Bachelor’s Degree, Masters Degree and Doctorate mentioned in paragraph (d)(i), (ii) and (iii) in the preceding sub-article shall be a Post-Graduate Certificate in Education, a Bachelor’s Degree, a Master’s Degree and a Doctorate awarded by the University of Malta.

(4) The Minister may prescribe, instead of any of the requirements established under the foregoing provisions of this article, other requirements in terms of any international or multinational treaty or agreement entered into by Malta or with the provisions of any legislation the binding force of which derives from any such treaty or agreement.

(5) Without prejudice to any provision made by or under the Mutual Recognition of Qualifications Act, where the duration of a course leading to the professional qualification possessed by an applicant is less than the duration for the course leading to the Degree conferred by the University of Malta or when the experience referred to in sub-article (2)(e) is less than two years, the Council may require the applicant to undertake such adaptation period not exceeding twice the shortfall, as the Council may specify. In addition the Council may also submit the applicant to a proficiency test.