ACT No. XVIII of 2007 AN ACT to amend the Housing (Decontrol) Ordinance (Cap. 158).

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

3rd August, 2007

ACT No. XVIII of 2007

AN ACT to amend the Housing (Decontrol) Ordinance (Cap. 158).

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:-

The short title of this Act is the Housing (Decontrol)

(Amendment) Act, 2007, and this Act shall be read and construed as

one with the Housing (Decontrol) Ordinance, hereinafter in this Act

referred to as "the principal law".

In subarticle (1) of article 12 of the principal law,

immediately after the words "of this article" there shall be added the

words "and of article 12A".

Immediately after article 12 in the principal law there shall

be added the following new article

"Dwelling-

(1) This article shall apply

houses subject

(a)

on the expiration of a temporary

to more than

one

emphyteusis of sub-emphyteusis (hereinafter

emphyteusis.

in this article referred to as "the most recent

emphyteusis or sub-emphyteusis") which is

not one the effects of the termination of

which are regulated by article 12(2)(a) or (b)

or by article 12(4) or 12(5);

(b) of a dwelling house which at the

time of the expiration of the most recent

emphyteusis or sub-emphyteusis

(i)

is occupied by a citizen

of Malta as his ordinary residence; and

(ii)

is subject to another

emphyteusis

or

sub-emphyteusis

(hereinafter in this article referred to as

"the preceding emphyteusis or sub-

emphyteusis") whether perpetual or

temporary.

(2) On the expiration of the most recent

emphyteusis or sub-emphyteusis the emphyteuta

or the sub-emphyteuta who satisfies the

requirements of subarticle (1)(b)(i) shall be

entitled to continue in occupation of the dwelling

house under a lease from the person holding the

preceding emphyteusis or sub-emphyteusis at the

same rent and under the same conditions

applicable according to article 12(2)(i) and (ii)

which shall apply mutatis mutandis.

(3) On the expiration of the preceding

emphyteusis or sub-emphyteusis the lease

mentioned in subarticle (2) shall remain in force

for the same rent and under the same conditions as

mentioned in subarticle (2) between the tenant and

the person who from time to time would, were it

not for the tenancy, be entitled to the vacant

possession of the house.

(4) The provisions of this article shall also

apply in all cases where although the most recent

emphyteusis or sub-emphyteusis shall have

expired before the 1st July 2007 the person who

was the emphyteuta or the sub-emphyteuta in the

most recent emphyteusis or sub-emphyteusis still

occupies the house as his ordinary residence on

the said date.

(5) When on the expiration of the most

recent emphyteusis or sub-emphyteusis the

dwelling house is subject to a lease the provisions

of article 12(3) shall apply mutatis mutandis.

(6) The rights given by this article to the

emphyteuta and to the sub-emphyteuta of the most

recent emphyteusis or sub-emphyteusis shall,

where the said emphyteuta or sub-emphyteuta

shall have died before the 1st July 2007, be

exercisable by the person who resided with the

said emphyteuta or sub-emphyteuta at the time of

his death and had at that time all the other

qualifications to be treated as a tenant for the

purposes of article 12.

(7) Where in the case of a most recent

emphyteusis or sub-emphyteusis which expires

after the 1st July 2007 the emphyteuta, the sub-

emphyteuta or the tenant occupying the house as

his ordinary residence on the expiration of the

most recent emphyteusis or sub-emphyteusis is a

person different from the person occupying the

house as his ordinary residence on the 1st July

2007 the provisions of this article shall apply only

in the cases mentioned in article 12(8)(a) and (b)

which paragraphs shall apply mutatis mutandis to

the emphyteusis and the sub-emphyteusis

regulated by this article, provided however that

references to the "21st June 1979" are to be read

and construed as references to the "1st July 2007",

references to "the emphyteusis" are to be read and

construed as references to "the most recent

emphyteusis or sub-emphyteusis" and references

to "the emphyteuta" shall be read and construed

accordingly, and the reference to the "30th

September 1979" shall be read and construed as a

reference to the "31st December 2007".".

4. The Civil Code (Amendment) Act, 2007 shall be amended Amendment of

Act VIII of

as follows

2007. (1)

in article 5 thereof -

(i)

for the words "of any act of civil status

registered before the 1st September, 2006" there shall be

substituted the words "of any act of birth registered before

the coming into force of this proviso";

(ii)

paragraph (b) of the new proviso to

subarticle (3) of article 251 of the Civil Code shall be

substituted by the following

"(b) when a child is born more than three

hundred days from the legal separation, divorce or

annulment of the marriage of the mother no reference

shall be made to such legal separation, divorce or

annulment of marriage;";

(iii) in paragraph (c) of the new proviso to

subarticle (3) of article 251 of the Civil Code for the words

"in the act of civil status" there shall be substituted the

words "in the act of birth"; and

(iv)

immediately after paragraph (c) of the new

proviso to subarticle (3) of article 251 of the Civil Code

there shall be added the following new paragraph

"(d) when a child is born less than three

hundred days from the legal separation, divorce or

annulment of the marriage of the mother any

reference to that fact shall remain.";

(2) in paragraph (b) of article 10, in sub-paragraphs (ii) and

(iii) of the proviso to paragraph (e) of article 278 of the Civil Code

there shall be substituted the following

"(ii) when a child is born more than three hundred days

from the legal separation, divorce or annulment of the marriage

of the mother no reference shall be made to such legal

separation, divorce or annulment of marriage of the mother;

(iii) when a child is born less than three hundred days

from the legal separation, divorce or annulment of the marriage

of the mother a reference shall be made to such fact in the act of

birth instead of the words indicated in paragraph (i) of this

proviso;

(iv) where the provisions of article 280(2)(a) apply a

reference to such fact shall be made in the act of birth."; and

(3) in article 11 thereof for the words "the mother’s status"

there shall be substituted the words "the mother’s single status".

Passed by the House of Representatives at Sitting No. 553 of the

18th July, 2007.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives