ACT No. X of 2007 An Act to amend the Maltese Citizenship Act (Cap. 188) BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives in this present Parliament assembled, and under the authority of the same as follows>-

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

28th June, 2007

ACT No. X of 2007

An Act to amend the Maltese Citizenship Act (Cap. 188)

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

consent of the House of Representatives in this present Parliament

assembled, and under the authority of the same as follows>-

(1) The short title of this Act is the Maltese Citizenship Short title.

(Amendment) Act, 2007 (Cap. 188) and it shall be read and construed

as one with the Maltese Citizenship Act, hereinafter referred to as “the

principal Act”.

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

Minister responsible for matters relating to Maltese citizenship may by

a notice in the Gazette appoint and different dates may be so appointed

for different provisions or different purposes of this Act.

Article 3 of the principal Act shall be amended as follows>-

Amendment of

article

3 of the principal

(a) in sub-article (2) thereof, for the words “on the appointed

Act.

day.” there shall be substituted the words “on the appointed day>”

and immediately thereafter there shall be inserted the following

proviso>

“Provided that a person born outside Malta before the

appointed day of a mother who became, or would but for her

death have become, a citizen of Malta in accordance with the

provisions of sub-article (1) of this article, shall be entitled,

upon making an application as may be prescribed and upon

taking the oath of allegiance, to be registered as a citizen of

Malta.”< and

(b) immediately after sub-article (2) thereof, there shall be

inserted the following new sub-articles>

“(3) Any person born outside Malta before the

appointed day who proves he is a descendant in the direct

line of an ascendant born in Malta of a parent likewise born

in Malta shall, subject to the following provisions of this

article, be entitled, upon making an application as may be

prescribed and upon taking the oath of allegiance, to be

registered as a citizen of Malta.

(4) Any ascendant as provided in sub-article (3) of this

article who dies before the 1 st August 2007 and who would,

but for his death, have been entitled to acquire Maltese

citizenship under this article, shall be deemed to have acquired

such citizenship for the purposes of sub-article (3) of this

article.

(5) Where any of the parents of a person applying to

be registered as a citizen of Malta by virtue of sub-article (3)

of this article was alive on 1 st August 2007 ( for the purposes

of this article referred to as “the relevant parent”) and the

relevant parent is also a descendant in the direct line of an

ascendant born in Malta of a parent likewise born in Malta,

such person shall not be entitled to be registered as a citizen

of Malta by virtue of sub-article (3) of this article unless the

relevant parent had at any time acquired Maltese citizenship

under this article< so however that any such relevant parent

who dies before 1 st August 2010 and who would have been

entitled to acquire such citizenship under sub-article (3) of

this article shall be deemed to have acquired such citizenship

for the purposes of that sub-article.

(6) The person applying to be registered as a citizen

of Malta under sub-article (3) of this article shall be entitled

to be registered as a citizen of Malta if the relevant parent

dies after the 31 st July, 2010 and the relevant parent had

applied for and would have been entitled to be granted Maltese

citizenship under this article .”.

Amendment of

Article 5 of the principal Act shall be amended as follows>-

article

5 of the principal

Act.

(a) in paragraph (b) of sub-article (2) thereof, for the words

“this sub-article or sub-article (2) of article 3 of this Act” there

shall be substituted the words “this sub-article, sub-article (3) of

this article or sub-article (2) or sub-article (3) of article 3 of this

Act”< and

(b) immediately after sub-article (2) thereof, there shall be

added the following new sub-article>

“(3) A person born outside Malta on or after the

appointed day who proves he is a descendant in the direct

line of an ascendant born in Malta of a parent likewise born

in Malta shall be entitled, upon making an application as may

be prescribed and upon taking the oath of allegiance, to be

registered as a citizen of Malta>

Provided that when the said person is a minor, any such

person who according to law has authority over that minor,

may submit an application for the registration of the said minor

as a citizen of Malta.

(4) Any ascendant as provided in sub-article (3) of this

article who dies before the 1 st August 2007 and who would,

but for his death, have been entitled to acquire Maltese

citizenship under this article, shall be deemed to have acquired

such citizenship for the purposes of sub-article (3) of this

article.

(5) Where any of the parents of a person applying to

be registered as a citizen of Malta by virtue of sub-article (3)

of this article was alive on 1 st August 2007 ( for the purposes

of this article referred to as “the relevant parent”) and the

relevant parent is also a descendant in the direct line of an

ascendant born in Malta of a parent likewise born in Malta,

such person shall not be entitled to be registered as a citizen

of Malta by virtue of sub-article (3) of this article unless the

relevant parent had at any time acquired Maltese citizenship

under this article or under article 3 of this Act< so however

that any such relevant parent who dies before 1 st August 2010

and who would have been entitled to acquire such citizenship

under sub-article (3) of this article or under sub-article (3) of

article 3 of this Act shall be deemed to have acquired such

citizenship for the purposes of that sub-article.

(6) Where any of the parents of a person applying to

be registered as a citizen of Malta by virtue of sub-article (3)

of this article was born on or after 1st August 2007 (for the

purposes of this article referred to as “the relevant parent”)

and the relevant parent is also a descendant in the direct line

of an ascendant born in Malta of a parent likewise born in

Malta, such person shall not be entitled to be registered as a

citizen of Malta by virtue of sub-article (3) of this article unless

the relevant parent had at any time acquired Maltese

citizenship under this article.

(7) The person applying to be registered as a citizen

of Malta under sub-article (3) of this article shall be entitled

to be registered as a citizen of Malta if the relevant parent

dies after the 31 st July, 2010 and the relevant parent had

applied for and would have been entitled to be granted Maltese

citizenship under this article or under article 3 of this Act.”.

Immediately after sub-article (8) of article 10 of the principal

Act, there shall be added the following new sub-article>

“(9) Notwithstanding the provisions of this or any other Act,

the Prime Minister may, by a notice to be published in the Gazette,

authorise the Minister to grant a certificate of naturalization as a

citizen of Malta to the spouse of any citizen of Malta when either

the spouse or the said citizen has rendered exceptional services to

Malta or humanity>

Provided that the said person makes an application in such

manner as may be prescribed and upon taking the oath of

allegiance.”.

In subarticle (1) of article 15 of the principal Act, the words

“article 9 of this Act” shall be substituted by the words “article 14 of

this Act”.

Passed by the House of Representatives at Sitting No. 542 of 25th June, 2007.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives