S.L. 607.3 Art. 11Refusal to issue, renew, change or extend a licence. Exemptions.

(1) The Authority may refuse to issue, renew, change or extend a licence in the following circumstances:

(a) if the applicant provider is found to be in violation of the provisions of these regulations or of any guidelines made and published by the Authority in accordance with these regulations;

(b) if it is satisfied that any person employed or proposed to be employed by the provider in a headship position is not of good conduct or has been convicted of an offence;

(c) if it is satisfied that the legal representative of the provider, or, where the provider is a body corporate, any of its members:

(i) is not of good conduct;

(ii) has been convicted of an offence;

(iii) is disqualified from managing corporations under the provisions of any law; or

(iv) is subject to any law, regulation, administrative provision, or is in any other manner prevented from acting in the capacity assigned to him;

(d) the Authority may also refuse to issue, renew, change or extend a licence if it is satisfied that:

(i) the provider ’s registration has ever been cancelled or suspended for any one or more programmes from any other official authority;

(ii) the provider is subject to any law, regulation, administrative provision, or is in any other manner prevented from acting as a provider in Malta;

(iii) the provider uses or proposes to use its premises in contravention of applicable development and planning regulations or for any purposes which are in any way improper, unethical or unlawful; or

(iv) the provider uses or proposes to use premises which provide a hazard to those within.

(2) Where the Authority refuses an application to issue, renew, change or extend a licence under these regulations it shall inform the applicant in writing with the reasons for the refusal.

(3) All public further or higher education providers established by the Act or any regulations made thereunder or by any other law shall be deemed to have a licence in accordance with these regulations: Provided that such providers shall be required to undertake any provider and programme quality audits that are required in accordance with regulation 37(1) and these shall be undertaken prior to the lapse of five years from the date of the coming into force of these regulations and every five years periodically thereafter, in the manner provided in regulation 38.