ACT No. XIX of 1988 AN ACTfUrlher toamend rhe No/arial Profession und No/ariul A rchi~es A ct, Cap. 55.

I assent.

P AUL X U EREB

(L.S.)

Acting President

10th J une, 1988

ACT No. XIX of 1988

AN ACTfUrlher toamend rhe No/arial Profession und No/ariul A rchi~es

A ct, Cap. 55.

BE IT EN ACfED by the President, by and with the ad~ice and

consent of th e House of Representatives, ill this presellt Parliamellt

assembled, and by the authority of the same, as follows:-

I. (I) This Act may cited as the Notarial Profession and Sb.>rt 'i,l< and

Notarial Archives (Amendment) Act , 1988, and shall be read and """'me"",men!.

construed as one with the Notarial Profession and Notarial Archives

Act, hereinafter referred to as "the principal Act~.

(2) The provisions of this Act , other than section I. shall

come into force as follows

(a) the provisions of sections 2. 3, 4, 5 and 6shall be deemed

to have come into force on 1st October. 1987; and

(b) the provisions of sections 7, 8, 9, 10, 11 and 12 sllall come

into force on sucll date as the Ministe r responsible for justice may

by order in Ihe Gazelle appoint.

Section 14 of the principal Act ,hall be amended as follows

(I) Dan I· AII jista' jissejjah I·AII ta']-1988li jemenda I·AII TIt<>"

dwar il·Professjoni Nutarili u I·Arkivji Nutarili, u ghandu jinqara u 61_"

jiftiehem haga wahda ma' ]·An dwar i]·Professjoni Nutarili u I·Arkivji """" r..-.. bh.

Nutarili, hawnhekk i:!:j ed 'il·quddiem imsejjah ~1·AtI printipali ~.

(2) Id·dispoiiu jonijiet ta' dan I· An, hllef ghall·artikolu l.

ghandhom jibdew ischliu kif gej

(a) id·dispoiiujonijiet ta' I·artikoli 2, 3, 4, 5 u 6 ghandhom

jitqiesu li bde w isehhu 11,1 ta' Ollubru, 1987; u

(b) id,dispoiizzjonijict ta' l,anikoli 7. 8, 9. 10, 11 u 12

gli andltom jibdcw iseliliu f dik id·data li I·MinistTll responsabbli

ghall·gustizzja jiSla' jislabbilixxi b' ordni fij,Gazzella.

_.ion of

Amendmen. of

prillC1pa' -"<t.

(a) in paragraph (a) of subsection (1) for the words ~Notary

Public in the Land Department~ there shall be substituted the

words " Notary Public in tile Land Department or Nota ry Public

wilh the Housing Authority" ; and

(b) in subsection (3) thereof, for the words "'Notary Public

in the Land Department" there shall be substitu ted the words

"Notary Publ ic in th e Lan d Department or Notary Public with the

Housing Authority'".

For the proviso to section 18 oflbe principal Act there shall be

substituted the following

~ Provided that -

(a) the ex officio keeper of the deeds and registers offormer

Notaries in the Land Department shall be the Notary Public in

the Land Depanment or onc of the Notaries Public in the Land

Department designated by the Minister responsible for justice,

and where the office of Notary Public in the Land Department is

vacant, the Keeper of the Malta Archives shall ex offlCO be the

keeper of the deeds and registers of former Notaries in the Land

Department; and

(b) the ex o/flea keeper of the deeds and registers of forme r

Notaries with the Housing Authority shall be the Notary Public

with the Housing Authority , and where the office of Notary Public

with the Housing Authority is vacant, the Keeper of the Malta

Archives shall ex offico be the keeper of the' deeds and registers o.f

former Notaries with the Ho using Authority.

Section 22 of th e principal Act shall be amended as follows

(a)

in subsection (\) thereof, after the words "in the Land

Depanment~

there shall be added the words "and one Notary

Public with the Housing Authority,"; ,

(b) in subsection (2) thereof, for the words "Notaries to

Government and Notaries Public in the Land Department" there

shall be substituted the words " Notaries to Government, Notaries

Public in the Land Depanment and the Notary Public with the

Housing Authority";

(c) in subsection (3) thereof, for the words "Notary to

(JQvernment for the Islands of Gozo and Comino and Notary

Public in the Land Department" there shall be substituted the

words " Notary to Government for the Islands of Gozo and

Comino, Notary Public in the Land Departmen t and Notary Public

with the Housing Authority"; and

(d) in subsection (5) thereof , for the words ~and in the case

of absence or other lawful impediment of a Notary Public in the

Land Department, the Prime Minister may delegate one of the

Notaries to Government, or appoint another Notary to discharge

the duties of the said Notary Public," there shall be substituted

the words "and in the case o f absence or other lawful impediment

of a Notary Public in the Land Department or a Notary Public

with the Housing Authority , the Prime Minister may delegate one

of the Notaries to Government, or appoint another Notary, to

discharge the duties of the Notary Public in the Land Department

or of the Notary Public wit h the Housing Authority, as the case

may require,",

Immediately afte r subsect ion (2) of section 23 of the principal Aa ....... n. 0(

;";? ":.1lI<

Act, there shall be added the following new subsection

"(l) The Notary Public with the Housing Authority shaD

receive from that Authori ty a fixed salary and shall collect on

behalf o f that Authority the fees due in tenns of seelKm SI. H.

In section 240fthe principal Act , for the words MNotary Public Aa ...

in the Land Depanment . the re shall be substituted tbe words " Notary ~:u ol ""

H

Public in the Land Depanment or a Notary Public wi th the Housing prio<ipoI Act.

Authority.H.

1. Section 53 of the principal Act shall be amended as follows: ,-,--..

_ D o l ....

(a) for the words " Keeper of the Archives in Malta H in pn..c;pooI Act.

subsections (i) and (2) thereof. there shall be substituted the words

" Keeper of the Archives in GozoH;

(b)

subsection (3) thereof shall be deleted; and

(c) subsections (4) and (5) the reof shall be renumbered

respectively as subsections (3) and (4).

Section 54 o f the principal Act shall be amended as follows: ~ •• ol

_140(u.e

pnll<il* Act.

in subsection (I) the reof

(a)

(i) for the words Hparagraphs (a) , (b). (c), (f), (g), (h)

and (ir there &hall be substituted the words "paragraphs (a),

(b), (c), (e), (f) , (8), (h), (i), G) and (kr; and

H

(ii) for the words " Keeper of the Archives in Gow

the re shall be subni luted the words "Keeper o f the ArchivC!i

in Malta-; and

( b) in subsection (2) thereof for the words "subsections (2).

(3), (4) and (S)H there shall be substituted the words .. subsections

(2) . (3) and (4)H.

In the EngJish tex t of subsection (2) of section 69 of the

H

principal Act , immediately after the words -a nnexes thereto tbere

shall be insened th e word "exceptH.

immediately after subsection (5) of seClion 74 of the principal ...... -.en. <If

Act there shall be added the follOwing subsect ion

-(6) The provisions of subsection (4) and of SUbparagraph

(ii) o f paragraph (a) and of paragraph (b) of subsection (5) of this

section shall not apply where one hundred years have elapsed

afte r the mak ing of Ihe will.".

.,.

In Ihe marginal nole to section 102 of the principal Act, for

a'of

j

the words "whereof he is the k.eeper~ there §hall be substituted the

_"'" lOO

words Hdeposited in the archives~ .

po riI'"' A<I.

_n' of

In subsection (I) of section 131 of Ihe principal Act

A ....

II«liocI iJl of ,lie

immediately after the number "60, Ihere shall be inserted the number

H

priaripaI .......

~62 , ~.

Passed by the House of Represe nta tives at Sitting No. 112 of the 7th June , 1988.

JIMMY FARRUO IA

S{XQker

P . M USCAT TERRlBI LE

CIt:Tk 10 Ihe House of Repreunrlll;ves

Ippotbblib' mi ' . I~ ..... '-Io;lIrif ~liIj . hbli"'td ~- .... bfonu';" Dop.rtID<'II, _ E.",Jo

~lirlHt'" O_I>I'mp<I;j ... ~ Gn .. _ p,;"tH III ,~. G"...,.. .... " 1't;nr;nl Pr."

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