ACT No. XV of 2008 AN ACT to amend various laws relating to civil matters.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

19th December, 2008

ACT No. XV of 2008

AN ACT to amend various laws relating to civil matters.

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 Various Laws (Civil

Matters) (Amendment No. 2) Act, 2008.

(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 purposes and for

different provisions of this Act.

PART I

This Part amends the Civil Code and it shall be read and

construed as one with the Civil Code, hereinafter in this Part referred

to as "the Code".

Subarticle (4) of article 1322 of the Code shall be Amendment of

article 1322 of

substituted by the following new subarticle

the Code.

"(4) Any money deposited in a bank and

any investment instrument, as defined in the

Second Schedule of the Investment Services

Act, to the credit of a married person may

only be withdrawn by such married person

and it shall not be enquired whether such

money or investment instrument belongs to

the community of acquests or not.".

Article 2010 of the Code shall be amended as follows

Amendment of

article 2010 of

the Code.

(a)

for the words "The privileged creditors over

immovables are" there shall be substituted the words "The

privileged creditors over immovables or movables are";

(b) in the third paragraph of paragraph (b) thereof, for

the words "over the immovable of which he has been

dispossessed, for the repairs and improvements made in or on

such immovable" there shall be substituted the words "over the

immovable or movable of which he has been dispossessed,

for the repairs and improvements made in or on such

immovable or movable"; and

(c)

in the fourth paragraph of paragraph (b) thereof, for

the words "for the preservation of the immovable extends to

the whole amount of the debt; in any other case, it is limited

to the sum corresponding to the increase in the value of the

immovable" there shall be substituted the words "for the

preservation of the immovable or movable extends to the

whole amount of the debt; in any other case, it is limited to

the sum corresponding to the increase in the value of the

immovable or movable".

In article 2069 of the Code, for the words "retain over the Amendment of

immovables" there shall be substituted the words "retain over the article

the Code.

immovables or movables", and for the words "into whosesoever

hands such immovables may pass" there shall be substituted the

words "into whosesoever hands such immovables or movables may

pass".

In article 2071 of the Code, for the words "the immovable Amendment of

charged with the hypothec" there shall be substituted the words "the article

the Code.

immovable or movable charged with the hypothec".

Subarticle (1) of article 2072 of the Code shall be amended Amendment of

article 2072 of

as follows

the Code.

(a)

for the words "fails to surrender the immovable"

there shall be substituted the words "fails to surrender the

immovable or movable";

(b) for the words "to demand judicially the sale of the

immovable" there shall be substituted the words "to demand

judicially the sale of the immovable or movable"; and

(c)

for the words "or to surrender the immovable"

there shall be substituted the words "or to surrender the

immovable or movable".

In article 2073 of the Code, for the words "oppose the sale

of the immovable" there shall be substituted the words "oppose the

sale of the immovable or movable".

In article 2074 of the Code, for the words "or special

hypothec over the immovable" there shall be substituted the words

"or special hypothec over the immovable or movable".

Article 2075 of the Code shall be amended as follows

(a)

for the words "made in or on the tenement" there

shall be substituted the words "made in or on the tenement or

movable";

(b) for the words "exceeds the actual value of the

immovable" there shall be substituted the words "exceeds the

actual value of the immovable or movable";

(c)

for the words "to pay the actual value of the

immovable" there shall be substituted the words "to pay the

actual value of the immovable or movable"; and

(d) or the words "or to surrender the immovable" there

shall be substituted the words "or to surrender the immovable

or movable".

In article 2076 of the Code, for the words "The surrender

of an immovable" there shall be substituted the words "The

surrender of an immovable or of a movable".

In article 2077 of the Code, for the words "The surrender

of the immovable" there shall be substituted the words "The

surrender of the immovable or of the movable", and for the words

"from taking back the immovable on paying the whole debt and

the costs, even though the surrender" there shall be substituted the

words "from taking back the immovable or the movable on paying

the whole debt and the costs, even though the surrender".

In article 2078 of the Code, for the words "The surrender Amendment of

of the immovable" there shall be substituted the words "The article

the Code.

surrender of the immovable or of the movable".

In article 2082 of the Code, for the words "over the Amendment of

immovable surrendered or sold" there shall be substituted the words article

the Code.

"over the immovable or the movable surrendered or sold".

PART II

This Part amends the Code of Organization and Civil Amendments to

Procedure and it shall be read and construed as one with the Code of the

Organization

Organization and Civil Procedure, hereinafter in this Part referred to and Civil

Procedure.

as "the Code".

Immediately after subarticle (2) of article 166A of the Amendment of

article 166A of

Code there shall be added the following new subarticle

the Code.

''(2A) Without prejudice to the provisions of subarticles (1)

and (2), where an official letter in accordance with this article is

not served or for a valid reason is not rendered enforceable and

is not settled, the creditor may, within four months from the day

of the filing of the official letter, by means of an application

request the competent court according to the value that the

matter be heard and decided upon as a cause in accordance with

the provisions of this Code.''.

Paragraph (e) of subarticle (2) of article 376 of the Code Amendment of

article 376 of

shall be substituted by the following new paragraph

the Code.

''(e) enjoin the garnishee to lodge, at the debtor’s

expense within nineteen days from the date of service of the

warrant, through the Registrar any moneys or things belonging

to the debtor, as attached by the order.''.

In article 833 of the Code, immediately after the words Amendment of

"may be administered by the registrar" there shall be added the words article

the Code.

"or by a legal procurator appointed as Commissioner for Oaths

under the Commissioner for Oaths Ordinance".

Immedialely after article 833 of the Code, there shall be Addition of new

article to the

added the following new article

Code.

833A. Where a judicial letter is filed and

"Filing of

precautionary

sworn according to article 166A, there may

warrants with

also thereupon be sworn and filed the

judicial letter.

precautionary warrants referred to in article

830(1)(a), (b), (c) and (e)

Provided that when such judicial letter is

filed, the applicant shall file a sworn

application or application or petition, as the

case may be, within twenty days from the date

of filing of a full or partial note of contestation

or else within sixty days from the date of the

issuing of a warrant, unless a note of

contestation will have been filed, according to

which date first occurs.".

In subarticle (3) of article 875 of the Code, immediately

after the words "and confirmed on oath" there shall be added the

words "and the parties have been duly notified".

PART III

This Part amends the Code of Organization and Civil

Procedure (Amendment) Act, 2006, and it shall be read and construed

as one with the Code of Organization and Civil Procedure

(Amendment) Act, 2006, hereinafter in this Part referred to as ''Act

XIV of 2006''.

2006.

The second paragraph of subarticle (2) of article 304 of the

Code of Organization and Civil Procedure, as this article is added by

article 15 of Act XIV of 2006 shall be substituted by the following

new proviso

''Provided that the provisions of this article apply to ships

or other vessels exceeding ten metres in length and such articles

shall also be described in detail, including any rights and

encumbrances thereon; and an appraisement shall only be made

if required by the creditor or by the debtor.''.

At the end of subarticle (5) of article 319 of the Code of

Organization and Civil Procedure, as the said subarticle is added by

article 25 of Act XIV of 2006, there shall be added the following new

2006. proviso

''Provided that if no offer is made which is at least

equivalent to sixty per cent (60%) of the value at which the

movable or immovable property or the going concern has been

appraised, the creditor may request that the movable or

immovable property or the going concern be placed again for

public auction

Provided that this subarticle shall not apply to ships and

other vessels exceeding ten metres in length only.''.

Article 33 of Act XIV of 2006 shall be deleted.

Deletion of

article 33 of

Act XIV of

2006.

Article 57 of Act XIV of 2006 shall be amended as Amendment of

article 57 of Act

follows

XIV of 2006.

(a)

for the words ''OF COURT APPROVED SALES

FOR AIRCRAFT, SHIPS AND VESSELS'', in the new Subtitle

V thereof, there shall be substituted the words ''OF COURT

APPROVED SALES FOR SHIPS AND VESSELS'';

(b) in article 358 for the words ''a private sale of an

aircraft, ship or vessel'' there shall be substituted the words ''a

private sale of a ship or vessel'';

(c)

in article 359 for the words ''confirming the value of

the aircraft, ship or vessel'' there shall be substituted the words

''confirming the value of the ship or vessel'', and the words '',

which price must be more than sixty per cent of the highest

appraised value,'' shall be deleted;

(d)

in article 362 for the words ''to transfer the aircraft,

ship or vessel'' there shall be substituted the words ''to transfer

the ship or vessel''; and

(e)

in article 364 for the words ''The sale of the aircraft,

ship or vessel'' there shall be substituted the words ''The sale of

the ship or vessel'', and for the words ''against the aircraft, ship

or vessel'' there shall be substituted the words ''against the ship

or vessel''.

Article 74 of Act XIV of 2006 shall be amended as Amendment of

article 74 of Act

follows

XIV of 2006.

(a)

for the words ''OF THE WARRANT OF

EXECUTIVE ARREST OF SEA VESSELS'' in the new

Subtitle X thereof, there shall be substituted the words ''OF THE

EXECUTIVE WARRANT OF ARREST OF SEA VESSELS'';

(b) in article 388C for the words ''in terms of articles

858 and 860'' there shall be substituted the words ''in terms of

articles 868 and 870'';

(c)

in subarticle (1) of article 388D for the words ''a

warrant of arrest'' there shall be substituted the words ''an

executive warrant of arrest''; and

(d)

in subarticle (3) of article 388D for the words ''it

shall order the warrant'' there shall be substituted the words ''it

shall order the executive warrant''.

Subarticle (1) of article 830 of the Code of Organization

and Civil Procedure, as this article is substituted by article 79 of Act

XIV of 2006 shall be amended as follows

(a)

paragraph (f) thereof shall be deleted; and

(b) paragraphs (g) and (h) thereof shall be renumbered

as paragraphs (f) and (g) respectively.

Article 82 of Act XIV of 2006 shall be deleted.

2006.

Article 86 of Act XIV of 2006 shall be substituted by the

following new article

2006.

86. Article 837 of the Code shall be

" Amendment

of article 837

amended as follows

of the Code .

(a)

subarticle (1) thereof shall be

substituted by the following new

subarticle

''(1) It shall not be lawful

for the Court of Magistrates

(Malta), or the Court of Magistrates

(Gozo) in its inferior jurisdiction to

issue any warrant of description or

impediment of departure for the

purpose of a reference to the oath of

the opposite party.''; and

(b) in subarticle (3) thereof for

the words ''It shall not be lawful to issue

any warrant of seizure, garnishee order,

or warrant of impediment of departure in

security of any right or claim'' there shall

be substituted the words ''It shall not be

lawful to issue any warrant of seizure or

garnishee order, in security of any right

or claim''.''.

Subarticle (2) of article 838B of the Code of Organization

and Civil Procedure, as this article is amended by paragraph (c) of

article 88 of Act XIV of 2006 shall be amended as follows

(a)

in paragraph (a) thereof, for the words ''under article

830(1)(b), (c) and (d)'' there shall be substituted the words

''under article 830(1)(b), (c), (d) and (f)''; and

(b) in paragraph (b) thereof, for the words ''under article

830(1)(a), (e) and (f)'' there shall be substituted the words

''under article 830(1)(a) and (e)'', and for the words ''under the

provisions of article 389'' there shall be substituted the words

''under the provisions of article 388E''.

Article 100 of Act XIV of 2006 shall be amended as Amendment of

article 100 of

Act XIV of

2006. (a)

article 867 of the Code of Organization and Civil

Procedure, as this article is added by the said article 100 of Act

XIV of 2006, shall be amended as follows

(i)

for subarticle (1) thereof there shall be

subtituted the following new subarticle

''(1) The authority which has in its hands or

under its control the sea going vessel against which

such warrant of arrest has been issued shall take all

necessary measures to display the court order for the

general attention of third parties.'';

(ii)

subarticle (2) thereof shall be deleted;

(iii) subarticle (3) thereof shall be renumbered

as subarticle (2) and, immediately after the words ''Malta

Maritime Authority'' there shall be added the words ''or

such other authority as may be designated from time to

time by the Minister''; and

(iv)

subarticles (4) and (5) thereof shall be

renumbered as subarticles (3) and (4) respectively;

(b) article 869 of the Code of Organization and Civil

Procedure, as this article is added by the said article 100 of Act

XIV of 2006, shall be amended as follows

(i)

for the words ''may be demanded and

obtained'' there shall be substituted the words ''may be

demanded and obtained before the Court of Magistrates

(Malta) or before the Court of Magistrates (Gozo) in its

inferior jurisdiction or before the First Hall of the Civil

Court'';

(ii)

in the marginal note of the Maltese version

of the said article, for the figures ''€7000'' there shall be

substituted the figures ''€11,600''; and

(iii) for the words ''ta’ mhux anqas minn sebat

elef euro'' in the Maltese version of the said article, there

shall be substitued the words ''ta’ mhux anqas minn ħdax-il

elf u sitt mitt euro''.

Immediately after article 107 of Act XIV of 2006, there

shall be added the following new article

108. The Minister may, by order,

" Power of

Minister to

renumber articles and subtitles, as well as any

renumber

subtitles and

reference therefor in other articles, as a result

articles .

of amendments introduced to articles of the

Code of Organization and Civil Procedure by

this Act.''.

PART IV

This Part amends the Code of Organization and Civil

Procedure (Amendment) Act, 2007, and it shall be read and construed

as one with the Code of Organization and Civil Procedure

(Amendment) Act, 2007, hereinafter in this Part referred to as ''Act

VII of 2007''.

Article 29 of Act VII of 2007 shall be amended as follows

(a)

subarticle (1) thereof shall be deleted; and

2007. (b)

subarticle (3)(b) thereof shall be deleted.

PART V

This Part amends the Refugees (Amendment) Act, 2005,

and it shall be read and construed as one with the Refugees

(Amendment) Act, 2005, hereinafter in this Part referred to as "the

principal Act".

2005.

Articles 2 to 6 (both inclusive) of the principal Act shall be

deleted.

Article 7 of the principal Act shall be amended as follows

(a)

for the marginal note thereof, there shall be

substituted the following new marginal note

"Amendment of the Immigration Act. Cap. 217.";

(b) for the words "Immediately after article 19 of the

principal Act there shall be inserted the following new article

19A", there shall be substituted the words "Immediately after

subarticle (2) of article 34 of the Immigration Act there shall be

added the following new subarticles";

(c)

for the figure "19A" in the article to be added, as

originally intended, there shall be substituted the figure "(3)";

and the said article shall now be added as subarticle (3) of

article 34 of the Immigration Act; and

(d) immediately after the new subarticle (3), as added

by paragraph (c) hereof, there shall be added the following new

subarticle

"(4) The Minister may also make regulations to

establish a body corporate or unincorporate which shall be

responsible for the accommodation in open reception

centres of persons who qualify for such accommodation

under the provisions of the Refugees Act, or regulations

made thereunder, and without prejudice to the generality of

the aforesaid, such regulations may make provision for any

matter whatsoever concerning the functions, funding,

staffing, organization and administration of such body as

well as for any other matter deemed necessary or expedient

by the Minister to enable that body to carry out its

functions under the regulations and for any other purpose

consequential or ancillary to the aforesaid.".

Passed by the House of Representatives at Sitting No. 67 of the

15th December, 2008.

L OUIS G ALEA

Speaker

P AULINE A BELA

Acting Clerk to the House of Representatives