Cap. 321 Art. 8Legal persons.

(1) Any legal person established in Malta or in another

Member State may provide engineering services in Malta, provided that any reserved activities are undertaken on behalf of the said legal person by a warrant holder, or by any person who is granted a special licence relative to such activities in terms of article 5, or by a person referred to in article 5B, provided that in the latter case, the requirements of article 5B have been complied with.

(2) Without prejudice to any liability or obligations in terms of law of the legal person itself, the fact that reserved activities are undertaken on behalf of a legal person in terms of sub-article (1), by a warrant holder, or by any person who is granted a special licence under article 5, or by a person referred to in article 5B, shall not exonerate the said warrant holder, or special licence holder, or the person referred to in article 5B, from any liability or from their obligations in terms of law in respect of the reserved activities they have undertaken on behalf of the legal person.

(3) The name of the warrant holder, or of the person granted a special licence in terms of article 5, or of the person referred to in article 5B, undertaking reserved activities on behalf of a legal person in terms of sub-article (1), shall be clearly identified in any formal communication or contract of service to the recipient of the service and on any marketing material related to reserved activities.

particular risk to the health or safety of the recipient or a third person, or to the financial security of the recipient, shall subscribe to professional liability insurance appropriate to the nature and extent of the risk, or provide a guarantee or similar arrangement which is equivalent or essentially comparable with regard to its purpose. In the case of persons who exercise the profession of Inġinier on a temporary and occasional basis in terms of article 5B, the provisions of article

6(1)(b) of the Services (Internal Market) Act shall apply:

Provided that such professional liability insurance or guarantee or similar arrangement shall subsist, or be kept active for a minimum of five years from the date on which the relative reserved activity giving rise to the obligation to subscribe to professional liability insurance, or provide a guarantee or similar arrangement in terms of sub-article (1), shall have been completed.

(2) Every person established in Malta shall be bound to be covered by a professional liability insurance, or provide a guarantee or similar arrangement under this article and shall each year, and within a week of taking out, amending or renewing such insurance, guarantee or similar arrangement, provide the Board with attestations of such cover issued by credit institutions and insurers established in a Member State:

Provided that a person exercising the profession of inġinier in accordance with article 5B shall only be obliged to provide to the Board the declaration referred to in paragraph (a) of sub-article (2) of article 5B.

(3) For the purpose of this article:

"direct and particular risk" means a risk arising directly from the provision of the service;

"health and safety" means, in relation to a recipient or a third person, the prevention of death or serious personal injury;

"financial security" means, in relation to a recipient, the prevention of substantial losses of money or of value of property;

"professional liability insurance" means insurance taken out by a provider in respect of potential liabilities to recipients and, where applicable, third parties arising out of the provision of the service.

(4) 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 does not remain employed in the public administration:

For the purpose of this sub-article, "public administration" means the Government of Malta including its 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.