Cap. 606 Art. 18Offences and penalties.

(1) Any person who, for the purpose of obtaining a warrant or temporary warrant or temporary specialised licence or a licence or a temporary licence under the provisions of this Act, knowingly gives any false information or otherwise acts in a deceitful or fraudulent manner, shall be guilty of an offence and shall, on conviction, have his warrant or temporary warrant or temporary specialised licence or a licence or a temporary licence cancelled and shall be liable to a fine (multa) not exceeding two thousand five hundred euro (€2,500): Provided that, upon the institution of such proceedings, the Court may suspend the warrant or licence until the final determination of the proceedings.

(2) Any person who, not being the holder of a teachers’ warrant, or a temporary specialised licence, or a temporary warrant issued under this Act, practises the teaching profession in contravention of the provisions of this Act or any other Act, shall be guilty of an offence against this Act.

(3) Any person who, not being the holder of a kindergarten educator warrant or licence, or a temporary licence issued under this Act, practises the profession of a kindergarten educator in contravention of the provisions of this Act or any other Act, shall be guilty of an offence against this Act.

(4) Any person who, not being the holder of a learning support educator warrant, licence, or a temporary licence issued under this Act, practises the profession of a learning support educator in contravention of the provisions of this Act or any other Act, shall be guilty of an offence against this Act.

(5) Any person or any other organisation who shall employ any person other than a registered teacher or a person holding a temporary teachers’ warrant or a temporary specialised licence for the purpose of the practising of the teaching profession shall be guilty of an offence:

Provided that for the purpose of this provision and subject to such regulations as may be prescribed, a person or any other organisation shall not be deemed to be in contravention of this provision if such person, not being a registered teacher or not holding a temporary warrant or temporary specialised licence, as the case may be, has applied with the Council for the award of a warrant, temporary licence, temporary warrant or temporary specialised licence, or is practising the teaching profession during an adaptation period or when in training, in any case under supervision in a licensed school or in any other manner as the Council may decide.

(6) Any person or any other organisation who shall employ any person other than a registered kindergarten educator or a person holding a temporary licence for the purpose of the practising of the profession of a kindergarten educator shall be guilty of an offence:

Provided that for the purpose of this provision and subject to such regulations as may be prescribed, a person or any other organisation shall not be deemed to be in contravention of this provision if such person, not being a registered kindergarten educator or holding a temporary kindergarten educator licence, has applied with the Council for the award of a kindergarten educator licence or temporary licence, or is practising the profession of a kindergarten educator during an adaptation period or when in training, in any case under supervision in a licensed school or in any other manner as the Council may decide.

(7) Any person or any other organisation who shall employ any person other than a registered learning support educator or a person holding a temporary learning support educator licence for the purpose of practising of the profession of a learning support educator shall be guilty of an offence:

Provided that for the purpose of this provision and subject to such regulations as may be prescribed, a person or any other organisation shall not be deemed to be in contravention of this provision if such person, not being a learning support educator or holding a temporary licence, has applied with the Council for the award of a learning support educator licence or temporary learning support educator licence, or is practising the profession of a learning support educator during an adaptation period or when in training, in any case under supervision in a licensed school or in any other manner as the Council may decide.

(8) Any person who is found guilty of any offence referred to in sub-articles (2) to (7) shall be liable, on conviction, to a fine (multa) not exceeding one thousand and five hundred euro (€1,500), and, in the case of a continuing offence, to a fine (multa) of fifteen euro (€15) for each day during which the offence continues, subject to a maximum fine (multa) of five thousand euro (€5,000).

(9) The provisions of this article establishing offences shall be without prejudice to the provisions of any other law establishing offences and punishments in respect of the same acts or omissions and shall not, in particular, affect the application of any higher punishment under any other law.