ACT No. III 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>-

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I assent.

E DWARD F ENECH A DAMI

President

1st February, 2008

ACT No. III 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) 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 provisions or different purposes

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”.

In paragraph (c) of article 73 of the Code, for the words “was

concealed from him.” there shall be substituted the words “was concealed

from him>” and immediately thereafter there shall be added the following

provisos>

“Provided that, without prejudice to the provisions of

subarticle (4) of article 70, the Family Court may, upon an

application of the husband and, if possible, after having heard all

the parties interested, and after having considered the rights of the

husband and of the child, at any time authorise the husband to

institute an action to disown a child born in wedlock to his wife>

Provided further that where an action to disown a child is

instituted by the husband after the lapse of the periods stipulated

in paragraphs (a), (b) or (c) of this article in accordance with the

first proviso to this article, any judgement whereby the child is

disowned shall not have the effect of changing the surname of the

child or of any other person who took his surname from the child

unless the court, upon the demand of any of the parties made either

in the sworn application whereby the action is commenced or in a

separate application made during the action, provides otherwise.”.

In article 74 of the Code, for the words “before the expiration

of the legal time” there shall be substituted the words “before the

expiration of the time provided in paragraphs (a), (b) or (c ) of article

73”.

In subarticle (1) of article 92 of the Code, for the words “he

shall assume the surname of the mother” there shall be substituted the

words “he shall assume the maiden surname of the mother”.

Part II

This part amends the Code of Organization and Civil Procedure

and it shall be read and construed as one with the said Code, hereinafter

in this part referred to as “the Code”.

In subarticle (1) of article 382 of the Code, for the words

“mentioned in article 381(1)(a) and (b)” there shall be substituted the

words “mentioned in article 381(1)(a) and (b) except for any benefit,

pension, allowance or assistance mentioned in the Social Security Act,”.

Part III

This part amends the Notarial Profession and Notarial Archives

Act, and it shall be read and construed as one with the Notarial Profession

and Notarial Archives Act hereinafter referred to as “the principal law”.

In sub-article (2) of article 3 of the principal law, for the words

“, Notary Public in the Land Department and Notary Public with the

Joint Office” there shall be substituted the words “and Notary Public in

the Government Property Division”.

Article 14 of the principal law shall be amended as follows>

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(a) in the proviso to paragraph (a) of subarticle (1) thereof,

for the words “Notary Public in the Land Department” there shall

be substituted the words “Notary Public in the Government

Property Division”, and the words “or Notary Public with the Joint

Office” shall be deleted< and

(b) in subarticle (3) thereof, for the words “in the Land

Department” there shall be substituted the words “in the

Government Property Division”, and the words “or Notary Public

with the Joint Office” shall be deleted.

The proviso to article 18 of the principal law shall be amended

as follows>

(a) in paragraph (a) thereof, for the words “shall be the

Notary Public in the Land Department or one of the Notaries Public

in the Land Department” there shall be substituted the words “, or

notaries in the Government Property Division, shall be the Notary

in the Government Property Division”, for the words “the office

of Notary Public in the Land Department” there shall be substituted

the words “the office of Notary in the Government Property

Division”, and for the words “in the Land Department<” there shall

be substituted the words “in the Land Department or notaries in

the Government Property Division<”< and

(b) in paragraph (c) thereof, for the words “shall be the

Notary Public with the Joint Office” there shall be substituted the

words “shall be the Notary in the Government Property Division

or one of the Notaries Public in the Government Property Division

designated by the Minister responsible for notarial affairs”, and

for the words “the office of Notary Public with the Joint Office”

there shall be substituted the words “the office of Notary in the

Government Property Division”.

Article 22 of the principal law shall be amended as follows>

(a) in subarticle (1) thereof, for the words “or two Notaries

Public in the Land Department” there shall be substituted the words

“or more Notaries Public in the Government Property Division

and”, and the words “and one Notary Public with the Joint Office”

shall be deleted<

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

Department, the Notary Public with the Housing Authority and

the Notary Public with the Joint Office” there shall be substituted

the words “in the Government Property Division and the Notary

Public with the Housing Authority”<

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

Department, the Notary Public with the Housing Authority and

the Notary Public with the Joint Office” there shall be substituted

the words “in the Government Property Division and the Notary

Public with the Housing Authority”< and

(d) in subarticle (5) thereof, for the words “impediment of

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

the Housing Authority or a Notary Public with the Joint Office”

there shall be substituted the words “impediment of a Notary Public

in the Government Property Division or a Notary Public with the

Housing Authority”, and for the words “duties of the Notary Public

in the Land Department or of the Notary Public with the Housing

Authority or of the Notary Public with the Joint Office” there shall

be substituted the words “duties of the Notary Public in the

Government Property Division or of the Notary Public with the

Housing Authority”.

Article 23 of the principal law shall be amended as follows>

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

Government, the Notaries Public in the Land Department and the

Notary Public with the Joint Office” there shall be substituted the

words “the Notaries to Government and the Notaries in the

Government Property Division”< and

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

Public in the Land Department and the Notary Public with the

Joint Office” there shall be substituted the words “and the Notary

in the Government Property Division”.

In article 24 of the principal law, for the words “in the Land

Department or a Notary Public with the Housing Authority or a Notary

Public with the Joint Office” there shall be substituted the words “in

the Government Property Division or a Notary Public with the Housing

Authority”.

Immediately after the proviso to paragraph (d) of article 40

of the principal law, there shall be added the following new proviso>

“Provided further that the omission of the declaration referred

to in article 28(1)(k)(ii) shall not invalidate the act<”.

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Part IV

This part amends the Marriage Act and it shall be read and

construed as one with the Marriage Act hereinafter referred to as “the

principal law”.

Sub-article (1) of article 2 of the principal law shall be

amended as follows>

(a) in the definition “Marriage Registry”, immediately after

the words “Island of Malta” there shall be added the words “or in

international waters on board a passenger vessel registered in

Malta”< and

(b) in the definition “Registrar” for the words “authorised

by the Registrar for that purpose<” there shall be substituted the

words “authorised by the Registrar for that purpose and, in respect

of marriages taking place in international waters on board a

passenger vessel registered in Malta includes a master of a

passenger vessel authorised for that purpose by the Registrar<”.

In sub-article (1) of article 16 of the principal law,

immediately after the words “in the Marriage Registry” there shall be

inserted the words “or in international waters on board a passenger vessel

registered in Malta”.

Part V

This part amends the Identity Card Act, and it shall be read

and construed as one with the Identity Card Act, hereinafter in this part

referred to as “the principal law”.

Immediately after article 6 of the principal law, there shall

be added the following new article>

6A. The authorised officer may request the holder of

“Withdrawal

and change

an identity card to return such identity card to him, so that a

of Identity

new identity card may be issued to the holder with special

Card.

information about the validity of such card for travelling

purposes, in the following cases>

(a) when there is in force an order issued by a

Court or tribunal established by law, prohibiting the

holder from leaving these Islands without requesting

authorisation of such Court or tribunal<

(b) when the holder has accepted to be released

on bail under a condition not to leave these Islands

without the authorisation of any Court or tribunal<

(c) when the holder has been released from

detention by the Executive Police under the condition

not to leave these Islands without the authorisation of

the investigating officer under article 355AL of the

Criminal Code.”.

Passed by the House of Representatives at Sitting No. 613 of 29th January,

2008. A NTON T ABONE

Speaker

Clerk to the House of Representatives