Cap. 622 Art. 18Insurance. Cap. 500. Surrender of warrant.

(1) Every warrant holder or partnership registered under this Act shall, with respect to all those activities or services, which

*Vide Legal Notice 373 of 2022 for the applicability of this article. according to the Laws of Malta may only be rendered by warrant holders, be required to be covered by a professional indemnity insurance, or other means of personal or collective protection with regard to professional liability in such manner and for such amount as may be prescribed in regulations made by the Minister under this Act, against any legal liability which such warrant holder or partnership may incur, for compensation in respect of loss or damage to any person or thing as a result of any negligent act, breach of duty imposed by law, error or omission committed by the warrant holder, the partnership, any partner thereof, or any of the employees in the carrying out of their functions:

Provided that in the case of nationals of Member States offering services on a temporary and occasional basis, in accordance with article 9, whenever indemnity insurance cover or other means of personal or collective protection with regard to professional liability is required of them in accordance with the overriding reasons under article 6(1)(b) of the Services (Internal Market) Act, concerning public policy, public security, public health or the protection of the environment, the indemnity insurance cover or other means of personal or collective protection with regard to professional liability in the home Member State, as declared to the Warranting Board in terms of article 9(2)(v), and sufficient to cover all those activities or services, which according to the Laws of Malta may only be rendered by warrant holders, which are carried out in Malta shall be deemed to satisfy the requirements of this article.

(2) The professional indemnity insurance referred to in sub-article (1) shall:

(a) be appropriate to the nature and extent of the risk;

(b) provide indemnity for liabilities arising from all the activities and services of the warrant holder or partnership, which according to the Laws of Malta may only be rendered by warrant holders, provided at any time during the period of insurance and at least for the five (5) years immediately prior to the beginning of the policy, or the date of warrant if less than five (5) years;

(c) provide indemnity for claims arising from the liabilities referred to in paragraph (b) during the period of insurance and for a period of not less than five (5) years following the cessation of the policy as a result of the retirement or when the warrant holder stopped holding a warrant:

Provided that when a warrant holder has carried out activities or provided services, which according to the Laws of Malta may only be rendered by a warrant holder, while in employment in accordance with article 17, the employer shall continue to provide professional indemnity cover for the warrant holder in his employment for the entire professional liability period, even if the employment of the warrant holder is for any reason terminated.

(3) The provisions of sub-article (1) shall not apply to a warrant holder who is employed by the public administration in respect of any activities or services, which according to the Laws of Malta may only be rendered by a warrant holder, and which he provides in the name of the public administration within the scope of his employment and this because the public administration is responsible for the obligations of the warrant holder that arise from sub-article (1), even if such employee does not remain employed in the public administration:

For the purpose of this sub-article, "public administration" means the Government of Malta including the ministries and departments, the specialised bodies and the agencies, Government entities and the organizations in which Government has a controlling interest, whether or not such organization is established by law.

(4) Every warrant holder or partnership required to be covered by an indemnity insurance under this article shall each year inform the Kamra in writing of the name of the insurance company, the relative number of the insurance policy, provide documentary evidence from the insurance company that such person or firm is actually covered by the identified policy of insurance, and shall declare to the Kamra that such level of insurance cover amounts to not less than such minimum level as may be prescribed in regulations made by the Minister under this Act:

Provided that any warrant holder or partnership that opts instead to be covered by any other means of personal or collective protection shall submit all relevant documentation to the Kamra for its review to confirm compliance with the minimum level of protection prescribed in the aforementioned regulations:

Provided further that the provisions of sub-article (1) shall not apply to a warrant holder who submits a letter to the Kamra declaring that he is not providing any activity or service, which according to the Laws of Malta may only be rendered by a warrant holder, submits documentary evidence in accordance with this sub-article confirming compliance with sub-article (2), and surrenders the stamp to the Kamra:

Provided further that in each case, the Kamra is to accept the warrant holder’s declaration without the need to question or request other clarifications:

Provided further that in each case the warrant holder shall inform the Kamra tal-Periti in accordance with the requisites indicated in sub-article (4) regarding the cover in respect of activities and services, which according to the Laws of Malta may only be rendered by a warrant holder, done or provided prior to his cessation of practice of the profession, and this for each remaining year which, according to this Act, he is obliged to be covered by a professional indemnity insurance.

19.* (1) A warrant issued under the provisions of this Act may be withdrawn or canceled by the Warranting Board, at the request of the warrant holder.

(2) Notwithstanding the provisions of sub-article (1), a fresh warrant may be issued at any time, provided that a period of ten (10) years has not elapsed from the date that such warrant was withdrawn or canceled, if the conditions for such issue are satisfied and provided that the Warranting Board is consulted and finds no objection.

(3) If the time period of ten (10) years referred to in sub-article

(2) has elapsed, then the applicant would have to satisfy the requirements set out in article 3(2).

(4) The responsibilities and liabilities for anything done or omitted to be done during the period in which a professional was a warrant holder, shall not cease following the surrender of the warrant. The obligation to maintain insurance cover in accordance with article 18 shall continue to apply.

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