S.L. 607.3 Art. 5Requirement of a licence.

(1) All providers providing further or higher education in or from Malta require a licence issued by the Authority to operate in Malta. A licence to provide further or higher education under these regulations shall only be issued, renewed, changed or extended if the provider complies with the provisions of these regulations:

Provided that it shall not be lawful for an unlicensed provider to provide further or higher education in or from Malta, whether under an arrangement with a licensee or otherwise.

(2) A provider is to carry on its activity in Malta in order to be eligible to apply for a licence: Provided that these regulations do not preclude foreign ownership.

(3) In accordance with regulation 8(3), provider and programme accreditation obtained under these regulations shall be required in order for a provider to apply for the licence referred to in sub-regulation (1). The validity of such licence shall be contingent upon the continued applicability of accreditation on the basis of periodic quality audits in accordance with regulation 37(1)(c).

(4) Where a provider has obtained a licence under these regulations, it is prohibited for such provider to provide further or higher education programmes at a level of the Malta Qualifications Framework not indicated in such licence.

(5) All providers shall comply with the provisions of these regulations and any guidelines made by the Authority under these regulations from time to time.

(6) Any provider that fails to comply with any of the provisions of these regulations or any guidelines established by the Authority in accordance with these regulations shall be liable to an administrative fine not exceeding four thousand euro (€4,000).

(7) Whenever the Authority has imposed an administrative fine in accordance with these regulations, the Authority may impose an additional penalty not exceeding one hundred and sixteen euro and forty-seven cents (€116.47) for each day during which the offence continues.

(8) The Authority shall be responsible for the imposition of such fines and for their enforcement upon any person or provider contravening these regulations and the guidelines referred to in sub-regulations (6) and (7), taking into account the gravity of the non-compliance and any payments made to that provider for the undertaking of a further or higher education programme.