S.L. 622.1 Art. 7Proof of good conduct. Cap. 77.

(1) (a) Applications shall include the applicant’s conduct certificate issued in accordance with article 4(a) of the

Conduct Certificates Ordinance, as evidence of eligibility in terms of article 4(3)(c) of the Act:

Provided that the Board shall accept as sufficient evidence, in respect of citizens of other Member States, a certificate issued by a competent judicial or administrative authority in the Member State of origin or in the Member State of the domicile of the applicant, attesting that the requirements of that Member State as to good character for taking up the activity in question have been met.

(b) Where the Member State of origin or the Member State of domicile of the applicant does not require proof of good character of persons intending to practise the profession for the first time, the Board may request citizens of the Member State of origin or of the Member State of domicile of the applicant for an extract from the ‘judicial record’ or, failing this, an equivalent document issued by a competent judicial or administrative authority in the Member State of origin or the Member State of domicile of the applicant.

(c) Where the competent judicial or administrative authority in another Member State does not issue documents of the kind specified in sub-regulations (1)(a) or (b), the Board shall, instead of such documents, accept as sufficient proof that an applicant satisfies the requirements specified in the said sub-regulations (1)(a) or (b), a declaration on oath that the requirements have been met, or if there is no provision in the Member State for a declaration on oath, a solemn declaration that the requirements have been met, made by the applicant before the competent judicial or administrative authority of the Member State of origin or the Member State of domicile of the applicant; such authority shall issue a certificate attesting the authenticity of the declaration on oath or the solemn declaration.

(d) If the Board has detailed knowledge of a serious matter which has occurred abroad prior to or during the processing of an application or if the said Board knows that the declaration referred to in sub-regulation (1)(a) contains incorrect information and if the matter or information is likely to affect the practise of the profession in Malta, it shall inform the Member State of origin or the Member State of domicile of the applicant.

(e) The Member State of origin or the Member State of domicile of the applicant shall verify the accuracy of the facts in so far as they might affect the practise of the profession in Malta. The competent authorities in that State shall themselves decide on the nature and extent of the investigation to be made and shall inform the Board of any consequential action which they take with regard to the certificates or documents they have issued.

(2) (a) Applications filed pursuant to the proviso in regulation 3(2) or the proviso in regulation 3(3) shall include evidence of professional conduct of the applicant issued by the designated authority of the country of origin.

(b) If the Board has detailed knowledge of a serious matter which has occurred in a country other than Malta prior to or during the processing of an application, or if the said Board knows that the declaration referred to in sub-regulation (2)(a) contains incorrect information and if the matter or information is likely to affect the practise of the profession in Malta, it shall inform the Member State of origin or the Member State of domicile of the applicant and the Kamra.

(c) The Member State of origin or the Member State of domicile of the applicant shall verify the accuracy of the facts in so far as they might affect the practise of the profession in Malta. The competent authorities of that State shall decide themselves on the nature and extent of the investigation to be made and shall inform the Board of any consequential action that they take with regard to the information forwarded under sub-regulation (2)(a).

(d) The Board shall consult the Kamra on any matter concerning disciplinary action under this regulation.

(3) In cases of serious professional misconduct or conviction of criminal offences, the Member State of origin or the Member State of domicile of the applicant shall forward to the Kamra tal-Periti, in the case of misconduct, or the Warranting Board and the Kamra tal-Periti, in the case of convictions, all necessary information regarding any measures or disciplinary action of a professional or administrative nature taken against the applicant or any criminal punishment concerning the practise of his profession in the Member State of origin or in the Member State of domicile.

(4) The Board shall ensure the confidentiality of the information forwarded.

(5) Documents issued in accordance with sub-regulations (1) and (2) may not be presented later than three (3) months after their date of issue.