S.L. 452.130 Art. 8Competent person.

(1) A competent person nominated in accordance with these regulations shall be:

(a) a Maltese citizen;

(b) a citizen of another Member State of the European Union entitled to equal treatment to Maltese citizens;

(c) a citizen of any other country who is entitled to equal treatment to Maltese citizens in matters related to employment by virtue of the application to that country, of European Union legislation and treaty provisions dealing with the free movement of workers; or

(d) any other person who is entitled to equal treatment to Maltese citizens in terms of the law or by virtue of European Union legislation and treaty provisions, on account of their family relationship with persons referred to in paragraphs (a),

(b) or (c);

and in any case, be a resident in Malta.

(2) The Director shall seek the advice of the Identity Malta Agency or Community Malta Agency, including any one of their respective officers, with regard to the interpretation of sub-regulation

(1) and in relation to the verification of compliance of the competent persons in accordance with the criteria laid down in these regulations.

(3) In addition to the provisions of sub-regulation (1), a competent person shall:

(a) (i) have not less than six (6) years experience in any activity which includes the management of human resources; or

(ii) have not less than three (3) years experience in any activity which includes the management of human resources and be in possession of a university degree in a field which, in the opinion of the Director, is relevant to the management of an employment agency or employment business; and

(b) provide a reference letter from their previous employer or from a warranted professional, which letter shall include an attestation of good moral character and, in the case of the letter being provided by their previous employer, of the relevant experience in the management of human resources.

(4) The competent person shall be responsible for the proper management of the employment agency or employment business.

(5) It shall be the responsibility of the applicant to ensure that the Director is notified in writing of the name, address, the registration number of a valid identification document, and that the Director is provided with the qualifications and curriculum vitae, testimonials of experience of the person nominated by the applicant as a competent person to manage the employment agency or employment business and of any designated employee appointed by the applicant to assist the competent person, together with the submission of the application.