ACT No. XXII of 2005 AN ACT to implement various measures related to judicial actions and other administrative measures connected therewith.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

23rd December, 2005

ACT No. XXII of 2005

AN ACT to implement various measures related to judicial actions and

other administrative measures connected therewith.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows>

(1) The short title of this Act is the Judicial Actions (Various

Measures) Act, 2005.

(2) This Act shall come into force on such date as the

Minister responsible for justice may by notice in the Gazette appoint,

and different dates may be so appointed for different provisions and

different purposes of this Act.

PART I

This Part amends and shall be read and construed as one with

the Criminal Code, hereinafter in this Part referred to as “the Code”.

Immediately after article 283 of the Code there shall be inserted

the following new article>

283A. No proceedings shall be instituted in respect of

of the injured

any

offence

of theft of electricity except on the complaint of

the injured party even if the offence is one which falls within

the competence of the Court of Magistrates as provided in

article 370(1) and even if the injured party has not expressly

waived the right to prosecute within four days from the

commission of the offence. The provisions of this article shall

apply notwithstanding anything to the contrary provided in

article 373.”.

In subarticle (1) of article 326 of the Code, immediately after Amendment of

the words “not exceeding two years.” there shall be added the following article

Code.

“Provided that no proceedings shall be instituted in respect

of any offence under items (c), (e) and (f) of this subarticle except

on the complaint of the injured party.”.

For subarticle (2) of article 413 of the Code there shall be Amendment of

article 413 of the

substituted the following>

Code.

“(2) Where a judgement is given in respect of several

offences and a right of appeal under paragraph (c) of the preceding

subarticle, or under any other law, is competent in respect of one

of those offences, an appeal shall lie in respect of any other of

those offences within the jurisdiction of the Court of Magistrates

as a court of criminal judicature under article 370(1) connected

with that offence.

There is connection between offences when –

(i) the facts of the offences are substantially the same<

or

(ii) an offence has served as a means for the

commission of another offence< or

(iii) the proof of an offence or of a circumstance thereof

has a bearing on the proof of another offence or of a

circumstance thereof.”.

Article 499 of the Code shall be amended as follows>

Amendment of

article 499 of the

Code.

(a) in subarticle (1) thereof, for the words “on any of the

pleas referred to in article 449(1)(a), (b) and (g)” there shall be

substituted the words “on any of the pleas referred to in article

449(1)(a), (b), (c), (d) and (g)”< and

(b) in subarticle (2) thereof, for the words “on any of the

pleas referred to in article 449(1)(c), (d), (e) and (f)” there shall be

substituted the words “on any of the pleas referred to in article

449(1)(e) and (f)”.

In paragraph (c) of subarticle (1) of article 520 of the Code,

for the words “article 205” there shall be substituted the words “articles

175 and 205”.

In article 544 of the Code, immediately after the words “(c)

violent indecent assault” there shall be added the following>

“(d) theft of electricity and offences arising from items (c),

(e) and (f) of subarticle (1) of article 326>”.

In article 546 of the Code, immediately after the words “in

those proceedings” there shall be added the following proviso>

“Provided further that notwithstanding any other provision

when an offence under investigation consists in theft of electricity

or an offence under items (c), (e) and (f) of subarticle (1) of article

326 there shall be no inquest unless expressly requested by

Enemalta.”.

PART II

This Part amends and shall be read and construed as one

with the Code of Organization and Civil Procedure, hereinafter in this

Part referred to as “the Code”.

In article 117 of the Code, for the words “writ of summons”

there shall be substituted the words “sworn application”.

Article 125 of the Code shall be amended as follows>

(a) in subarticle (1) thereof, for the words “writ of summons

or application” there shall be substituted the words “by application,

whether sworn or not,”< and

(b) in subarticle (2) thereof, for the words “by writ of

summons” there shall be substituted the words “by sworn

application”.

Amendment of

Article 152 of the Code shall be amended as follows>

article 152 of the

Code.

(a) in subarticle (2) for the marginal note thereto there shall

be substituted the following marginal note>

“Notice to be delivered in writing.”< and

(b) in subarticle (2) for the words “by summons” there shall

be substituted the words “in writing”.

In the heading of Title II of Part I of Book Second of the Amendment of the

heading of Title II

Code, immediately before article 154, for the words “Of the Mode of of Part I of Book

Procedure by Writ of Summons” there shall be substituted the words Second of the Code.

“Of the Mode of Procedure by Sworn Application”.

Article 154 of the Code shall be amended as follows>

Amendment of

article 154 of the

Code.

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“Proceedings by sworn application.”< and

(b) in subarticle (1), for the words “The procedure is said

to be by writ of summons” there shall be substituted the words

“The procedure by sworn application is considered to institute a

cause” and for the words “contained in the writ of summons” there

shall be substituted the words “contained in the sworn application”.

Repeal of article

Article 155 of the Code shall be repealed.

155 of the Code.

Article 156 of the Code shall be amended as follows>

Amendment of

article 156 of the

Code.

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“Drawing up and contents of sworn application.”<

(b) for subarticle (1) there shall be substituted the following

subarticle>

“(1) The sworn application shall be prepared by the

plaintiff and shall contain -

(a) a statement which gives in a clear and explicit

manner the subject of the cause in separate numbered

paragraphs, in order to emphasise his claim and also

declare which facts he was personally aware of<

(b) the cause of the claim<

(c) the claim or claims, which shall be

numbered.”< and

(d) in every sworn application, the following

notice shall be printed in clear and legible letters

immediately under the Court heading>

“Whosoever is in receipt of this sworn

application in his regard shall file a sworn reply

within twenty (20) days from the date of service

thereof, which is the date of receipt. Should no

written sworn reply be filed in terms of the law

within the prescribed time, the Court shall proceed

to adjudicate the matter according to law.

It is for this reason in the interest of whosoever

receives this sworn application to consult an

advocate without delay that he may make his

submissions during the hearing of the case.”.”<

(c) in subarticle (2) for the words “with the writ of

summons” there shall be substituted the words “with the sworn

application”<

(d) for subarticle (3) there shall be substituted the following>

“(3) The sworn application shall be confirmed on oath

before the registrar or legal procurator appointed as

Commissioner for Oaths under the Commissioners for Oaths

Ordinance.”<

(e) for subarticle (5) there shall be substituted the following>

“(5) Where several actions are brought together as

provided in sub-articles (3), (4) and (5) of article 161, it shall

at least be one of the plaintiffs who shall confirm on oath

before the registrar or the legal procurator appointed as

Commissioner for Oaths under the Commissioners for Oaths

Ordinance, and the provisions of subarticle (1)(a) of this article

shall apply.”<

(f) for subarticle (6) there shall be substituted the following>

“(6) The application shall be served on the defendant.”<

and

(g) for subarticle (7) there shall be substituted the following>

“(7) The registrar shall not receive any application

which does not satisfy the elements of subarticle (1) of this

article and the court shall not allow any witness to be produced

unless his name shall have been given together with the

application.”.

Article 157 of the Code shall be amended as follows>

Amendment of

article 157 of the

Code.

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“Service of sworn application.”< and

(b) for the words “a copy of the writ of summons and of the

declaration and of any affidavit of the plaintiff to be served on the

defendant” there shall be substituted the words “a copy of the sworn

application, any affidavit of the plaintiff and of the documents

attached with the application”.

Article 158 of the Code shall be amended as follows>

Amendment of

article 158 of the

Code.

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“sworn reply and note of admission, filing etc.”<

(b) in subarticle (1), for the words “statement of defence”

there shall be substituted the words “sworn reply”<

(c) in subarticle (3), for the words “statement of defence”

there shall be substituted the words “sworn reply”<

(d) immediately after paragraph (b) of subarticle (3) there

shall be added the following new paragraph>

“(c) the defendant, or one of the defendants if there

are more than one defendant, shall also confirm on oath in

the sworn reply with numbered paragraphs, all the facts

concerning the claim, denying, admitting or explaining the

circumstances of fact set out in plaintiff’s declaration, while

stating which facts are within his own knowledge.”<

(e) for subarticle (4) there shall be substituted the following>

“(4) The sworn reply shall be confirmed on oath before

the registrar or legal procurator appointed as Commissioner

for Oaths under the Commissioners for Oaths Ordinance. The

defendant shall also indicate the names of the witnesses he

intends producing and to state with regard to each one of them

what he intends proving by means of their evidence. There

shall also be filed together with the sworn reply such

documents as may be required to sustain the pleas.”<

(f) in subarticle (5) for the words “statement of defence”

there shall be substituted the words “sworn reply” and for the words

“such declaration and any such affidavit, as mentioned in subarticle

(4)” there shall be substituted the words “the listed requirements

in subarticle (3) of this article,”<

(g) in subarticle (8) for the words “statement of defence

and declaration” there shall be substituted the words “sworn reply”<

(h) in subarticle (10) for the words “statement of defence

and declaration” and “statement and declaration” there shall be

substituted the words “sworn reply” respectively<

(i) in subarticle (11) for the words “The statement of

defence” there shall be substituted the words “The sworn reply”<

(j) in subarticle (12) for the words “statement of defence”

there shall be substituted the words “sworn reply”< and

(k) in subarticle (13) for the words “statement of defence”

there shall be substituted the words “sworn reply” and for the words

“statement of defence and declaration” there shall be substituted

the words “sworn reply”.

Article 159 of the Code shall be amended as follows>

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“The sworn application and the reply not to contain

comments or superfluous matter.”< and

(b) in subarticle (1) for the words “the writ of summons

and the statement of defence” there shall be substituted the words

“the sworn application and the sworn reply”, and for the words

“as regards the writ of summons” there shall be substituted the

words “as regards the sworn application”, and for the words “as

regards the statement of defence.” there shall be substituted the

words “as regards the sworn reply.”.

In article 160 of the Code, for the words “with the writ of Amendment of

article 160 of the

summons or the statement of defence” there shall be substituted the Code.

words “with the sworn application or the sworn reply”.

Article 161 of the Code shall be amended as follows>

Amendment of

article 161 of the

Code.

(a) for subarticle (1) thereof, there shall be substituted the

following new subarticle>

“(1) In the Superior Courts and in the Courts of

Magistrates in Malta and in Gozo, proceedings are ordinarily

taken by application while those in the superior shall be

sworn.”<

(b) in subarticle (3) thereof, for the words “writ of summons”

there shall be substituted the words “sworn application” and

immediately after the word “one” and before the word “application”

there shall be inserted the words “not sworn”.

Article 164 of the Code shall be amended as follows>

Amendment of

article 164 of the

Code.

(a) in subarticle (1), for the words “by writ of summons”

there shall be substituted the words “by sworn application”< and

(b) in subarticle (2), for the words “writ of summons” there

shall be substituted the words “sworn application”< the words

“Provided that the court may order plaintiff to substitute the writ

of summons by an application>” shall be deleted< the word “further”

immediately after the word “Provided” shall be deleted< and the

word “not” immediately after the word “shall” and before the word

“apply” shall be deleted.

In subarticle (2) of article 166A of the Code, immediately Amendment of

article 166A of the

after the words “on oath by the creditor,” there shall be added the words Code.

“either before the registrar or legal procurator appointed as

Commissioner for Oaths under the Commissioners for Oaths

Ordinance,”.

Article 167 of the Code shall be amended as follows>

(a) in subarticle (1) thereof, for the words “to pray in the

application” there shall be substituted the words “to pray in the

sworn application”<

(b) in subarticle (2) thereof, for the words “the application”

there shall be substituted the words “the sworn application”< and

(c) in subarticle (3) thereof, for the words “such

applications” there shall be substituted the words “such sworn

applications”.

In article 168 of the Code, for the words “With the writ of

summons” there shall be substituted the words “With the sworn

application” and for the words “together with the writ of summons”

there shall be substituted the words “together with the sworn

application”.

Article 169 of the Code shall be amended as follows>

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“Time for service of sworn application.”< and

(b) for the words “the writ of summons” there shall be

substituted the words “the sworn application”.

In article 169A of the Code, for the words “The writ of

summons” there shall be substituted the words “The sworn application”.

In subarticle (1) of article 171 of the Code, for the words

“writ of summons” there shall be substituted the word “application”.

Article 172 of the Code shall be amended as follows>

(a) in subarticle (1) thereof, immediately after the word

“application” there shall be inserted the words “of appeal.”< and

(b) in subarticle (2) thereof, immediately after the word

“application” there shall be inserted the words “of appeal”.

A

In subarticle (1)(d) of article 174 of the Code, for the words Amendment

article 174 of the

“writ of summons” there shall be substituted the words “sworn Code.

application”.

Article 178 of the Code shall be amended as follows>

Amendment of

article 178 of the

Code.

(a) subarticle (1) shall be renumbered as the whole article

and after the words “The written pleadings” there shall be added

the words “and the applications whether sworn or not”< and

(b) subarticle (2) shall be deleted.

In subarticle (2) of article 181A of the Code, for the words Amendment of

article 181A of the

“statement or pleading.” there shall be substituted the words “sworn Code.

reply or sworn pleading.”.

In subarticle (3) of article 181B of the Code, for the words Amendment of

“writ of summons,” there shall be substituted the words “whether sworn article

181B of the

Code.

or not,” and the words “or statement of defence” shall be deleted.

In the proviso to subarticle (8) of article 187 of the Code, Amendment of

article 187 of the

immediately after the word “and” and before the word “applications” Code.

there shall be inserted the word “sworn”, and the words “and writs of

summons” shall be deleted.

In subarticle (2) of article 208 of the Code, for the words Amendment of

article 208 of the

“file the statement and declaration” there shall be substituted the words Code.

“file the sworn reply as”.

In article 213 of the Code, for the words “in the writ of Amendment of

article 213 of the

summons” there shall be substituted the words “in the application” and Code.

for the words “same writ of summons” there shall be substituted the

words “same application”.

In subarticle (2) of article 219A of the Code, the words “writ Amendment of

article 219A of the

of summons or” shall be deleted.

Code.

Amendment of

Article 235 of the Code shall be amended as follows>

article 235 of the

Code.

(a) for the marginal note “or by summons at any time” there

shall be substituted the following marginal note>

“or by sworn application at any time.”< and

(b) in the second proviso for the words “writ of summons”

there shall be substituted the word “sworn application”.

In subarticle (1) of article 249 of the Code, for the words “by

writ of summons” there shall be substituted the words “by sworn

application”.

Article 263 of the Code shall be amended as follows>

(a) in subarticle (1), for the words “by writ of summons”

there shall be substituted the words “by sworn application”< and

(b) in subarticle (2), for the words “writ of summons” there

shall be substituted the words “sworn application”.

In subarticle (1) of article 329 of the Code, for the words “by

writ of summons” there shall be substituted the words “by application”.

In subarticle (2) of article 381 of the Code, for the word “writ

of summons” there shall be substituted the word “application”.

Article 392 of the Code shall be amended as follows>

(a) for the words “by writ of summons” there shall be

substituted the words “by sworn application”<

(b) for the words “the opposite party.” there shall be

substituted the words “the opposite party>”< and

(c) immediately at the end of the article there shall be added

the following proviso>

“Provided that in the case of a rendering of accounts

under the Condominium Act, such action shall be taken at

the Malta Arbitration Centre.”.

Article 398 of the Code shall be amended as follows>

(a) in subarticle (1), for the words “in the statement of

defence where proceedings are by writ of summons, or in the

written reply to the application where proceedings are by

application.” there shall be substituted the words “in the written

reply to the application, whether sworn or not”< and

(b) in subarticle (3), for the words “by writ of summons”

there shall be substituted the words “by sworn application”, for

the words “in a statement of defence” there shall be substituted the

words “in a sworn reply”, for the words “writ of summons” there

shall be substituted the words “of a sworn application” and for the

words “that statement of defence” there shall be substituted the

words “that sworn reply”.

In article 403 of the Code, for the words “by writ of summons” Amendment of

article 403 of the

there shall be substituted the words “by sworn application”.

Code.

In article 407 of the Code, for the words “in the writ of Amendment of

article 407 of the

summons” there shall be substituted the words “in the sworn Code.

application”.

In article 410 of the Code, for the words “writ of summons” Amendment of

article 410 of the

there shall be substituted the words “sworn application”.

Code.

Article 411 of the Code shall be amended as follows>

Amendment of

article 411 of the

Code.

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“Perpetual silence to apply only to jactitation referred to

in a sworn application.”< and

(b) for the words “in the writ of summons” there shall be

substituted the words “in the sworn application”.

In article 412 of the Code, for the words “writ of summons” Amendment of

article 412 of the

there shall be substituted the words “sworn application”.

Code.

In article 414 of the Code, for the words “by writ of summons” Amendment of

article 414 of the

there shall be substituted the words “by sworn application”.

Code.

In article 461 of the Code, for the words “writ of summons” Amendment of

article 461 of the

there shall be substituted the word “application”.

Code.

In article 462 of the Code, for the words “by writ of summons” Amendment of

article 462 of the

there shall be substituted the words “by application”.

Code.

Article 463 of the Code shall be amended as follows>

Amendment of

article 463 of the

Code.

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“Person against whom application is to be directed.”<

and

(b) for the words “writ of summons” there shall be

substituted the word “application”.

Article 464 of the Code shall be amended as follows>

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“When application is to be directed against official

curators.”<

(b) in subarticle (1) for the words “writ of summons” there

shall be substituted the word “application”<

(c) in subarticle (3) for the marginal note thereto there shall

be substituted the following marginal note>

“Posting up of copy of application.”< and

(d) in subarticle (3) for the words “writ of summons” there

shall be substituted the word “application”.

In subarticle (1) of article 466 of the Code, immediately after

the words “of any government department” there shall be added the

following words “or the Chairman of Enemalta Corporation or his

representative”.

In article 467 of the Code, for the words “writ of summons”

there shall be substituted the word “application”.

Article 533 of the Code shall be amended as follows>

(a) in subarticle (1) for the words “by summons” there shall

be substituted the words “by application”< and

(b) in subarticle (2) for the words “of the said summons”

there shall be substituted the words “of the said application”.

Article 546 of the Code shall be amended as follows>

(a) for the words in the marginal note “by summons” there

shall be substituted the words “by application”<

(b) in subarticle (1) for the words “by summons” there shall

be substituted the words “by application”< and

(c) in subarticle (2) for the words “The summons” there

shall be substituted the words “The application”.

Article 728 of the Code shall be amended as follows>

Amendment of

article 728 of the

Code.

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“Pleas to be raised in the sworn answer.”< and

(b) in subarticle (1), the words “in the note of pleas or” shall

be deleted and after the words “in the” and before the word

“answer” there shall be inserted the word “sworn”.

Article 736 of the Code shall be amended as follows>

Amendment of

article 736 of the

Code.

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“Judge to sign applications or warrants despite being

otherwise precluded from dealing with cause.”< and

(b) for the word “writ of summons” there shall be substituted

the word “application, whether sworn or not,”.

In subarticle (b) of article 811 of the Code for the words Amendment of

article 811 of the

“writ of summons” there shall be substituted the words “sworn Code.

application”.

For article 815 of the Code there shall be substituted the Substitution of

article 815 of the

following>

Code.

“815. In the superior and inferior courts, the demand for a

new trial shall be made, before a court of first instance, by means

of a sworn application, and before a court of second instance, by

means of an application< the application shall be accompanied by

security for costs in terms of article 249.”.

Article 816 of the Code shall be amended as follows>

Amendment of

article 816 of the

Code.

(a) for the marginal note thereto there shall be substituted

the following marginal note>

“Contents of sworn application.”< and

(b) for the words “In the writ of summons or application”

there shall be substituted the words “In the application, whether

sworn or not”.

Article 823 of the Code shall be amended as follows>

(a) in subarticle (2), for the words “by application before

the Court of Appeal and by writ of summons before the court of

first instance” there shall be substituted the words “by application

both before the Court of Appeal and before the court of first

instance”< and

(b) in subarticle (4) for the words “writ of summons” there

shall be substituted the words “application”.

In article 826 of the Code for the words “a writ of summons”

there shall be substituted the words “an application”.

In subarticle (9) of article 836 of the Code for the words “by

writ of summons” there shall be substituted the words “by application”.

Subarticle (1) of article 843 of the Code shall be amended as

follows>-

(a) for the words “six days” there shall be substituted the

words “fifteen days”<

(b) for the words “whichever is the earlier date.” there shall

be substituted the words “whichever is the earlier date>”< and

(c) immediately thereafter at the end of the subarticle, there

shall be added the following proviso>

“Provided that when a judicial letter is filed in terms of

article 166A, the applicant is bound to file a suit within fifteen

days from the date of filing of the note of full or partial

opposition or within sixty days from the issuing of the warrant,

whichever is the earlier.”.

In subarticle (3) of article 894 of the Code the words “or by

writ of summons” and “or in the writ of summons” shall be deleted and

before the word “application” wherever it appears there shall be inserted

the words “whether sworn or not”.

In subarticle (1)(c) of article 925 of the Code for the words Amendment

article 925 of the

“writs of summons, statements of defence,” there shall be substituted Code.

the word “applications, replies,”.

In subarticle (2) of article 944 of the Code for the words “by Amendment of

article 944 of the

writ of summons” there shall be substituted the words “by sworn Code.

application”.

In subarticle (1) of article 946 of the Code for the words “by Amendment

article 946 of the

writ of summons” there shall be substituted the words “by sworn Code.

application”.

In article 962 of the Code the words “writ of summons or” Amendment of

and “, as the case may be,” shall be deleted and after the word article

Code.

“application,” there shall be inserted the words “, whether sworn or

not,”.

In subarticle (2) of article 963 for the words “writ of Amendment of

summons” there shall be substituted the words “sworn application”. article

Code.

Schedule A to the Code shall be amended as follows>

Amendment of

Schedule A to the

Code.

(a)

in Tariff A -

(i) in subarticle (1) of article 2 for the words “statement

of defence” there shall be substituted the word “reply”<

(ii) in subarticle (2) of article 2 for the words “statement

of defence” there shall be substituted the word “reply”< and

(iii) in subarticle (1) of article 3 the words “, writ of

summons” shall be deleted< and

(b) in Tariff E -

(i) in article 16 for the words “in the writ of summons”

there shall be substituted the words “in the application”<

(ii) in article 17 for the words “in the writ of summons”

there shall be substituted the words “in the application”<

(iii) in paragraph (i) of article 28 the words “the writ

of summons or” shall be deleted<

(iv) in paragraph (i) of article 33 the words “, the writ

of summons, the statement of defence” shall be deleted< and

(v) in paragraph (c) of article 43 for the word “a writ

of summons” there shall be substituted the words “an

application”.

Form No. 6 in Schedule B to the Code shall be deleted.

76.

Il-Formola Nru. 6 li hemm fl-Iskeda B li tinsab mal-Kodiçi Emenda ta’ l-Iskeda

B li tinsab mal-

g[andha tit[assar.

Kodiçi.

(1) The provision of this law shall have effect with regard

to new proceedings which shall be instituted by virtue of the same law.

Proceedings which have already commenced and which are still pending

shall retain their validity under the former law.

(2) The provisions of this Part shall have effect on any new

proceedings which are instituted. Such cases as have already been

commenced and which are still pending shall retain their validity at

law.

PART III

This Part amends and shall be read and construed as one

with the Commercial Code, hereinafter in this Part referred to as “the

Code”.

The Code shall be amended as follows>-

(a) in subarticle (2) of article 41, in subarticle (2) of article

47, in subarticle (3) of article 484, in subarticle (3) of article 515

and in subarticle (1) of article 523, for the words “writ of summons”

wherever it appears there shall be substituted the word “sworn

application”< and

(b) in article 497, for the words “a writ of summons” there

shall be substituted the words “a sworn application”.

PART IV

This Part amends and shall be read and construed as one

with the Civil Code, hereinafter in this Part referred to as “the Code”.

Amendment of

The Code shall be amended as follows>

articles 92, 211,

223, 253, 257A,

366, 1357, 1528,

(a) in subarticle (2) of article 92, in articles 211, in subarticle

1541, 1578, 1602,

(4) of article 253, in subarticle (3) of article 257A, in subarticle (2)

1603 and 2026 of

the Code.

of article 1357, in article 1528, in subarticle (1) of article 1541 and

in articles 1578, 1602, 1603 and 2026, for the words “writ of

summons” there shall be substituted the word “sworn application”<

(b) in article 223, for the words “a writ of summons” there

shall be substituted the words “a sworn application”< and

(c) in subarticle (2) of article 366, for the words “upon a

writ of summons” there shall be substituted the words “upon a

sworn application”.

In paragraph (b) of article 2023 of the Code, for the words Amendment of

article 2023 of the

“of arbitrators, or” there shall be substituted the words “of arbitrators, Code.

an executive title and”.

In Form B in Part II of the Schedule to the Code, for the Amendment of

words “a writ of summons” there shall be substituted the words “a sworn Form

II of the Schedule to

application” and for the words “said writ of summons” there shall be the Code.

substituted the words “said sworn application”.

PART V

This Part amends and shall be read and construed as one Amendment of the

with the Traffic Regulation Ordinance, hereinafter in this Part referred Traffic

Ordinance, Cap. 65.

to as “the principal law”.

Immediately after article 63 of the principal law there shall Addition of new

article 64 to the

be inserted the following new article>

principal law.

“Appeal from

64. In the case of any judgement under article 41 an

a judgement

under article appeal may be made either by the owner or by the driver of

41. the vehicle.”.

PART VI

This Part amends and shall be read and construed as one Amendment of the

with the Public Lotto Ordinance, hereinafter in this Part referred to as Public

Ordinance, Cap. 70.

“the principal law”.

In article 20 of the principal law for the words “The Criminal

Court of Magistrates” there shall be substituted the words “The Court

of Magistrates”.

PART VII

This Part amends and shall be read and construed as one

with the Enemalta Act, hereinafter in this Part referred to as “the principal

272. Act”.

In article 39 of the principal Act, immediately after item (i)

of article 39 of the principal Act there shall be added the following>

“(j) such procedures, measures or regulations which may,

from time to time, be necessary for the recovery of any amount

that may be due to Enemalta Corporation in relation to the supply

of electricity and in relation to theft of electricity<”.

PART VIII

This Part amends and shall be read and construed as one

with the Arbitration Act, hereinafter in this Part referred to as “the

principal Act”.

In subarticle (3) of article 4 of the principal Act the words “<

the Attorney General shall be an ex officio member of the Board” shall

be deleted.

In subarticle (1) of article 9 of the principal Act for the words

“under this Act.” there shall be substituted the words “under this Act>”

and immediately thereafter there shall be added the following proviso>

“Provided that the registrar may exercise any one or more of

his functions under this Act or under rules made thereunder both

directly and through a person who is authorised for such purpose

by the Board.”.

For subarticle (2) of article 70B of the principal Act there

shall be substituted the following>

“(2) Subject to the specific provisions of article 6 of Part B

of the Fourth Schedule to this Act, an appeal must be brought within

fifteen days of the receipt of the final award or, if there has been

an arbitral process of appeal or review, of the date when the party

was notified of the result of that process or the process was

otherwise completed or the time for it has elapsed.”.

Part B of the Fourth Schedule to the principal Act shall be Amendment of Part

B of the Fourth

amended as follows>

Schedule to the

principal Act.

(a) for articles 2 and 3 there shall be substituted the following

articles>

“2. The arbitral tribunal shall be composed of one

arbitrator unless the parties agree that it shall be composed of

three arbitrators and notify the Centre within thirty days of

the receipt by the respondent of the notice of arbitration<

3. The sole arbitrator, or any of the members of the

arbitral tribunal when it is composed of three arbitrators, shall

be appointed by the Chairman of the Centre in accordance

with the provisions of the Act unless the Centre is notified of

the appointment of an arbitral tribunal within thirty days of

the receipt by the respondent of the notice of arbitration<”<

and

(b) immediately after article 5 there shall be added the

following new articles>

“6. The award shall be deemed to have been received

by the parties on the date when it is delivered in open tribunal.

7. The provisions of Title IX of Book First and of Title

XI of Book Third of the Code of Organization and Civil

Procedure and any other provision of that Code relating to

curators, shall mutatis mutandis apply to the disputes referred

to in this Schedule.

8. The provisions of Title XIV of Book Third of the

Code of Organization and Civil Procedure and any other

provision of that Code relating to the intervention and joinder

of parties to a suit, shall apply mutatis mutandis to the disputes

referred to in this Schedule.”.

Passed by the House of Representatives at Sitting No. 335 of 7th December,

2005. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press