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ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

13 Articles / Provisions · Malta
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Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

I assent.

G EORGE A BELA

(L.S.)

President

29th July, 2011

ACT No. XIV of 2011

AN ACT to amend the Civil Code, Cap. 16.

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:-

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

(1) The short title of this Act is the Civil Code Short title and

(Amendment) Act, 2011, and this Act shall be read and construed as commencement.

one with the Civil Code, hereinafter referred to as "the Code"

Provided that the provisions of article 11 and of article 12

of this Act shall not be included in the Code but shall continue to be

in force as part of this Act provided however that they shall also be

reproduced insofar as article 11 is concerned in a footnote at the end

of Sub-Title IV of Title I of Book First of the Civil Code entitled ‘Of

Divorce’ and insofar as article 12 is concerned in a footnote with

reference to article 66B of the Code.

(2) This Act shall come into force on 1st October 2011.

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

Article 3B of the Code shall be amended as follows

(a)

the whole article 3B shall be re-numbered as

subarticle (1) thereof;

(b) immediately after sub-article (1) thereof as re-

numbered, there shall be added the following new sub-articles

"(2) The obligation of the parents to

provide maintenance according to sub-article

(1) also includes the obligation to continue to

provide adequate maintenance to children,

according to their means, and where it is not

reasonably possible for the children, or any of

them, to maintain themselves adequately, who

(a)

are

students

who

are

participating in full-time education,

training or learning and are under the age

of twenty-three; or

(b) have a disability, as defined in

the Equal Opportunities (Persons with

Disability) Act, whether such disability is

physical or mental.

(3) The obligations provided in sub-

article (1) also bind a person acting in loco

parentis with regard to another person’s child,

by reason of the marriage of such person to a

parent of that child, where the other parent of

that child, shall have, at any time before or

during the marriage, died or was declared as an

absentee according to Title VII of Book First of

this Code, or is unknown

Provided that the provisions of this sub-

article shall be without prejudice to the

obligations of the natural parents of the child

and shall in any case be without prejudice to the

provisions of article 149.".

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

Article 54 of the Code shall be amended as follows

(a)

sub-article (2) thereof shall be substituted by the

following

"(2) The amount of maintenance referred

to in sub-article (1), and the maintenance due to

children in the event of separation, shall be

determined having regard to the means of the

spouses, their ability to work and their needs,

and regard shall also be had to all the other

circumstances of the spouses and of the

children, including the following

(a)

the needs of the children, after

considering all their circumstances;

(b) any disability, as defined in

the Equal Opportunities (Persons with

Disability) Act, whether such disability is

physical or mental;

(c)

circumstances of illness which

are of such seriousness and gravity as to

compromise the ability of the spouses or

of the children to maintain themselves;

(d) whether the ability of the

party to whom maintenance is due to have

earnings of whatever nature was

diminished by reason of that party having,

during the marriage, taken care of the

household, the other party and the

upbringing of the children of the

marriage;

(e)

every income or benefit which

the spouses, or any of them, receive

according to law, other than social

assistance that is not contributory which

is paid to them under the Social Security

Act

Provided that for the purposes of this

paragraph the disability pension payable

in terms of article 27 of the Social

Security Act shall be taken into

consideration;

(f)

the

accommodation

requirements of the spouses and of the

children;

(g) the amount which would have

been due to each of the parties as a

benefit, including, but not limited to, a

benefit under a pension scheme, which by

reason of the separation, that party will

forfeit the opportunity or possibility of

acquiring.";

(b) sub-articles (3), (4), (5), (6) and (7) thereof shall be

renumbered as sub-articles (5), (6), (7), (8) and (9) respectively

and immediately following sub-article (2) as amended, there

shall be added the following

"(3) The provisions of article 381(2) of

the Code of Organisation and Civil Procedure

shall apply mutatis mutandis provided that the

said article shall be construed to mean that,

even where no demand is made by a party to

whom maintenance is due, either for that party

or for the children, for the application of the

provisions of that article, the court may apply

the said article out of its own motion.

(4) In granting maintenance, the court

may also provide for the manner in which the

same may increase from time to time."; and

(c)

in sub-articles (6) and (8) thereof as renumbered, for

the words "in sub-article (3)" there shall be substituted the

words "in sub-article (5)".

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

Article 55 shall be amended as follows

(a)

sub-articles (1), (2), and (3) thereof shall be

renumbered as sub-articles (6), (7) and (8) respectively and

immediately before sub-article (6) thereof as renumbered, there

shall be added the following new sub-articles

"(1) The court may, at any time during the cause

for separation, upon the demand of any of the spouses,

order the cessation of the community of acquests or of the

community of residue under separate administration

existing between the spouses.

(2) The order for the cessation of the community

as provided in sub-article (1) shall be given by means of a

judgement from which every party shall have a right of

appeal, without requiring permission from the court for

this purpose.

(3) The order of cessation shall have effect

between the spouses from the date of the judgement on

appeal or, if no appeal is entered, from the date when the

time allowed for the appeal lapses, and it shall remain

valid even if the cause for separation is discontinued.

(4) Prior to ordering the cessation of the

community as provided in this article, the court shall

consider whether any of the parties shall suffer a

disproportionate prejudice by reason of the cessation of the

community before the judgement of separation.

(5) The order of cessation under this article shall,

at the expense of the party who demanded such cessation,

be notified to the Director of Public Registry and it shall

have effect as if the cessation of the community of acquests

or of the community of residue under separate

administration were made by public deed.";

(b) for sub-article (6) thereof as renumbered, there shall

be substituted the following

"(6) Unless the court, in its discretion, upon the

demand of one of the parties, shall have ordered the

cessation of the community of acquests or of the

community of residue under separate administration

existing between the parties at the time of commencement

of the cause for separation, on separation being

pronounced, the court shall direct that the community of

acquests or the community of residue under separate

administration shall cease as from the day on which the

judgement becomes res judicata."; and

(c)

in sub-article (8) thereof as renumbered, for the

words "of sub-article (2)", there shall be substituted the words

"of sub-article (7)".

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

For sub-articles (1) and (2) of article 55A of the Code, Amendment of

article 55A of

there shall be substituted the following

the Code.

"(1) In pronouncing the judgement of separation, the

court shall on the demand of either of the parties, order,

according to circumstances

(a) that any one of the parties shall be entitled to

reside in the matrimonial home, to the exclusion of the

other party, for the period and under those conditions as it

considers appropriate; or

(b) that the matrimonial home is to be sold,

where it is satisfied that the parties and their children shall

have adequate alternative accommodation, and that the

proceeds of the sale shall be assigned to the parties as it

considers appropriate; or

(c) where the matrimonial home belongs to both

parties, to assign the matrimonial home to any one of the

parties, which party shall compensate the other party for

the financial loss suffered

Provided that, in every case, the court shall consider

the following

(a) the best interest of the minor children,

including the impact that there may be on the minor

children if the court were to grant a demand made

according to this article;

(b)

the welfare of the parties and of the children;

and

(c) whether the parties have, or, whether their

means and abilities permit them to have, another place

where to reside.

(2) The court may, upon a demand of either party, vary a

decision taken by it under paragraph (a) of sub-article (1),

where there is a substantial change in circumstances.".

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

In sub-article (2) of article 56 of the Code, for the words

"in the custody of third parties or in alternative forms of care" there

shall be substituted the words "in the custody of persons in loco

parentis, of third parties, or in alternative forms of care".

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

Immediately after article 56 of the Code, there shall be

added the following new article

" Exlcusion of

56A. The court may, for grave reasons, at

custody.

any time during the cause for separation or

when the parties are separated, upon the

demand of one of the parties, declare that the

other party is not fit to have the custody of the

minor children of the parties, and where the

court issues such a declaration, the party so

declared, upon the death of the other party,

shall not be entitled to assume the custody of

the minor children without the authorisation of

the court.".

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

Article 57 of the Code shall be amended as follows

Amendment of

article 57 of the

Code.

(a)

in the marginal note thereof, for the words "Right of

father and mother", there shall be substituted the words "Right

of spouses";

(b) in sub-article (1) thereof, for the words "the children

are entrusted, the father and mother shall maintain", there shall

be substituted the words "the minor children are entrusted, the

spouses shall maintain";

(c)

in sub-article (2) thereof, for the words "in which the

father and mother shall have access to the children", there shall

be substituted the words "in which the spouses shall have access

to the children"; and

(d) in sub-article (3) thereof, for the words "to forbid

such access if it may be detrimental to the welfare of the

children", there shall be substituted the words "to forbid such

access to their minor children if it may be detrimental to the

welfare of such minors".

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

Immediately after Sub-Title III of Title I of Book First of Addition of new

Sub-Title to the

the Civil Code, there shall be added the following new sub-title

Code.

"Sub-title IV

OF DIVORCE

66A. (1) Each of the spouses shall have

Divorce.

the right to demand divorce or dissolution of

the marriage as provided in this Sub-Title. It

shall not be required that, prior to the demand

of divorce, the spouses shall be separated from

each other by means of a contract or of a

judgement.

(2) The divorce or dissolution of the

marriage shall be granted by virtue of a

judgement of the competent civil court, upon

the demand of one or the other of the spouses,

or by a decree of the same court where the

spouses shall have agreed that their marriage

should be dissolved.

(3) All demands for divorce shall be

brought before the appropriate section of the

civil court as established by regulations made

by the Minister responsible for justice, and the

provisions of article 37 shall apply mutatis

mutandis. The decrees and judgements of

divorce shall be pronounced in open court.

(4) The court shall, in the decree or

judgement of divorce, order the Registrar of

Courts to notify the divorce of the parties to the

Director of Public Registry within the period

allowed for this purpose by the same court, so

that the same shall be registered in the Public

Registry.

66B. Without prejudice to the following

Conditions

required for

provisions of this article, divorce shall not be

divorce.

granted except upon a demand made jointly by

the two spouses or by one of them against the

other spouse, and unless the Court is satisfied

that

(a)

on the date of commencement

of the divorce proceedings, the spouses

shall have lived apart for a period of, or

periods that amount to, at least four years

out of the immediately preceding five

years, or at least four years have lapsed

from the date of legal separation; and

(b) there is no reasonable

prospect of reconciliation between the

spouses; and

(c)

the spouses and all of their

children

are

receiving

adequate

maintenance, where this is due, according

to their particular circumstances, as

provided in article 57

Provided that the spouses may, at any time,

renounce their right to maintenance

Provided further that for purposes of this

paragraph, maintenance ordered by the court by

a judgement of separation or agreed to between

the spouses in a contract of separation, shall be

deemed to be adequate maintenance

Provided further that a divorce pronounced

between spouses who were separated by a

contract or by a judgement shall not bring about

any change in what was ordered or agreed to

between them, except for the effects of divorce

resulting from the law.".

66C. After the court considers the

Pronouncement of

divorce.

requirements of article 66B to have been

satisfied, the court shall hear and decide on the

demands made by the parties as provided in this

Sub-Title and it shall proceed to pronounce the

divorce of the parties.

66D. (1) Without prejudice to the other

Divorce granted

upon the

provisions of this Sub-Title, where an

application of one

of the spouses.

application for divorce is made by one of the

spouses, it shall not be necessary for the spouse

making the demand to impute to the other

party any fault leading to the making of such

demand.

(2) Where the spouses are already

separated by means of a contract or a court

judgement, the spouse making the demand for

divorce may only demand the dissolution of the

marriage. The other party may contest the

demand either by proving that the time period

provided in article 66B(a) has not yet lapsed or

by proving that the spouse demanding the

divorce has not paid maintenance that was due

as ordered by the court or agreed to in the

separation contract and that, if the demand for

divorce were to be accepted, it would be more

difficult for the said other party to obtain the

payment of maintenance. The court shall not

grant the demand for divorce where any of the

said defences are shown to be valid.

(3) Where the spouses are not separated

by means of a contract or a court judgement,

the spouse making the demand for divorce may,

together with the same demand, make all those

demands that are permissible in a cause for

separation in accordance with Sub-Title III of

this Title. The court shall hear and determine

these demands as provided in the said

provisions mutatis mutandis. The other party

may, in addition to the defences mentioned in

previous sub-article, put forward all those

defences which that party would have been

entitled to make in a cause for separation.

(4) Where the spouses are not separated

by means of a contract or a court judgement,

the Court shall have mutatis mutandis all the

powers granted to it under Sub-Title III of this

Title with regard to orders which it is entitled to

give pendente lite.

(5) Notwithstanding the other provisions

of this article and only where the community of

acquests or the community of residue under

separate administration shall have ceased, the

parties shall have a right, in any case, if they

both agree, to divorce without liquidating the

assets which they hold in common.

66E. Without prejudice to the other

Consequences of

fault of spouse.

provisions of this Sub-Title, where the court, on

the demand of one of the parties, finds the other

party responsible for causing the breakdown of

the marriage for the reasons provided in articles

38, 40 and 41, the court may apply mutatis

mutandis the provisions of article 48 against

that party.

66F. (1) Each party in a cause for

Conversion of

separation

separation may, at any time during the cause,

proceedings into

divorce

but not after the cause has been adjourned for

proceedings.

judgement, demand, by means of an

application, that the demand for separation

made in that cause be instead considered as a

demand for the pronouncement of divorce.

When such a claim is made, the court shall hear

the parties in order to verify that the conditions

stipulated in article 66B for the filing of a

demand for divorce are satisfied. The court

shall decide upon the said claim in a judgement

given in open court which shall not be subject

to appeal except together with the final

judgement.

(2) Any

witnesses

declared

and

documents presented with the cause for

separation shall apply mutatis mutandis when

the said cause is converted into divorce

proceedings. This without prejudice to the

possibility that either party may produce further

documents and witnesses during the divorce

proceedings which are related to the demand

for divorce.

(3) Where neither party elects to

proceed as provided in sub-article (1) and

where a demand for separation has already been

made in accordance with Sub-Title III of this

Title and at least one of the parties, after the

making of that demand, makes a demand for

divorce, the demands for separation and for

divorce shall, in any case, be heard and decided

together by the same court in such a manner

that the connection of causes shall be applied

by the court without the necessity of any

demand by the parties.

(4) Either party, upon making a demand

for divorce, shall declare on oath whether either

that party or the other party have already made

a demand for separation under Sub-Title III of

this Title.

66G. (1) The advocate assisting the

Duties of

applicant’s

applicant

shall,

before

commencing

advocate.

proceedings according to article 66B, where the

spouses are not separated by means of a

contract or a court judgement

(a)

discuss the possibility of

reconciliation with the applicant and give

the applicant the names and addresses of

persons qualified to offer assistance in the

process of reconciliation between

spouses; and

(b) ensure that the applicant is

aware of the option of personal separation

as an alternative to divorce.

(2) The

application

for

the

commencement of divorce proceedings shall

(a)

where the spouses are not

separated by means of a contract or a

court judgement, be accompanied by a

note in which the advocate confirms that

he has observed the requirements of sub-

article (1); or

(b) where the spouses are

separated by means of a court judgement,

be accompanied by a legal copy of the

judgement of separation or, where the

spouses are separated by means of a

contract, be accompanied by a legal copy

of the contract of consensual separation

which shows that the applicant and the

other party have been legally separated

for at least four years

Provided that where the advocate assisting

a client in a cause for divorce shall not have

presented the said note, the copy of the

judgement of separation or of the contract of

consensual separation, as the case may be, the

advocate shall present these documents not

later than, or during, the first sitting in the

cause

Provided further that, for purposes of this

article, "the applicant" means a person who

makes an application, who is preparing an

application or who intends making an

application to the court in order to obtain a

divorce.

66H. (1) The advocate assisting the

Duties of

respondent’s

respondent shall, without delay after receiving

advocate.

instructions from the respondent about the case,

where the spouses are not separated by means

of a contract or a court judgement, discuss the

possibility of reconciliation with the respondent

and give the respondent the names and

addresses of persons qualified to offer

assistance in the process of reconciliation

between spouses.

(2) Where the spouses are not separated

by means of a contract or a court judgement,

the respondent’s reply to the application for

divorce shall be accompanied by a note in

which the advocate confirms that he has

observed the requirements of sub-article (1)

Provided that where the advocate assisting

a client in a cause for divorce shall not have

presented the said note, the advocate shall

present that note not later than, or during, the

first sitting in the cause.

66I. (1) Where a demand for divorce is

Powers of the

court.

made to the competent civil court by either of

the spouses, or by both spouses after having

agreed that their marriage is to be dissolved,

and where the spouses are not separated by

means of a contract or a court judgement,

before granting leave to the spouses to proceed

for divorce, the court shall summon the parties

to appear before a mediator, either appointed by

it or with the mutual consent of the parties, and

this for the purpose of attempting reconciliation

between the spouses, and where that

reconciliation is not achieved, and where the

spouses have not already agreed on the terms of

the divorce, for the purpose of enabling the

parties to conclude the divorce on the basis of

an agreement. The said agreement shall be

made on some or all or of the following terms

(a)

the care and the custody of the

children;

(b) the access of the two parties to

the children;

(c)

the maintenance of the

spouses or of one of them and of each

child;

(d) residence in the matrimonial

home;

(e)

the division of the community

of acquests or the community of residue

under separate administration.

(2) Where a demand for divorce is made

to the competent civil court by either of the

spouses, or by both spouses after having agreed

that their marriage is to be dissolved, also

where the spouses are separated by means of a

contract or a court judgement, the court may,

where it considers it necessary to do so, either

on its own initiative or upon the request of the

mediator or of one of the spouses

(a)

appoint a children’s advocate

to represent the interests of the minor

children of the parties, or of any of them;

and

(b) hear the minor children of the

parties, or any of them, where it considers

it to be in their best interest to do so

Provided that in any divorce proceedings

before the competent civil court as referred to

in this article, the court may order the parties to

present information about the payment of

children’s maintenance.

(3) The court may, in the judgement

accepting the demand for divorce, and upon a

demand of that party to whom, during the

hearing of the cause, maintenance was due for

the party or for the children, from the other

party, order that the payment of maintenance

from the other party be safeguarded by means

of an appropriate and reasonable guarantee, in

accordance with the circumstances of the

parties. That guarantee shall not be of an

amount exceeding the amount of maintenance

for five years. The court shall grant the said

order only where, from the evidence in the

cause, it results that during the hearing or prior

to the commencement of the cause, the party

from whom the guarantee is demanded was in

default in its obligation to pay maintenance, or

where there are serious objective circumstances

which demonstrate the necessity of the said

guarantee. A demand as provided for in this

sub-article may also be made at any time after

the said judgement, when maintenance is due.

66J. (1) The Minister may make

Powers of the

Minister.

regulations establishing a register of persons

qualified to assist the parties involved in the

process of reconciliation.

(2) The Minister may make regulations

to establish the procedure related to the

mediation between the parties as provided in

this Sub-Title.

66K. Any

verbal

or

written

Inadmissible

evidence.

communication made between the spouses or

made by a third party in the course of an

attempt at reconciliation or for the purpose of

an agreement being reached between the

spouses on some or all the terms mentioned in

article 66I(1), or any reference thereto, shall not

be admissible as evidence during divorce

proceedings.

66L. (1) When the competent civil

Effects of

dissolution of

court pronounces a divorce between the

marriage.

spouses, they shall have the right to remarry.

(2) The pronouncement of divorce shall

have no effect upon the rights and obligations

of the parties as parents in respect of their

children or upon any agreement reached

between the parties in respect of the custody of

their children, without prejudice to the

provisions of article 56A.

(3) The pronouncement of divorce shall

have no effect upon the rights of third parties

arising out of any agreement or obligation

already concluded, or still to be concluded, by

the divorced parties.

(4) The pronouncement of divorce as

provided in sub-article (1) has the following

effects

(a)

the obligation of cohabitation

of the parties shall, for all civil effects,

cease;

(b) article 62 shall apply mutatis

mutandis; and

(c)

the rights of the spouses to the

succession of each other shall cease with

effect from the day when the decree or

judgement of divorce becomes res

judicata.

(5) The provisions of articles 54(7), 55A

and 56A shall apply mutatis mutandis where

the court considers it necessary to apply them

after having considered the reasons brought

before it.

(6)

Without prejudice to the provisions

of article 66D(5), sub-articles (4) to (10) of

article 1332 and articles 1334, 1335, 1336,

1337 and 1340 shall apply mutatis mutandis to

the partition of property between the spouses.

66M. When the party receiving

The effects of

remarriage.

maintenance, whether by virtue of an order of

the court or by virtue of a contract of

separation, remarries or enters into a personal

relationship which brings about an obligation

of maintenance by a third party in favour of that

party, the same party shall forfeit the right to

receive maintenance payable in respect of that

party by the other party in the divorce, with

effect from the date of the remarriage or of the

commencement of the aforesaid other

relationship. This article shall also apply in the

case where the parties had agreed in a contract

of separation that the agreement regarding

maintenance of the parties, or of either of them,

shall continue to have effect and cannot be

altered in the event of remarriage or of another

relationship as aforesaid of the party receiving

maintenance

Provided that an order for maintenance that

has been made or authorised by the court to be

paid by means of a lump sum in favour of the

party who remarries or who enters into another

relationship as provided in this article shall

retain its effect notwithstanding that the party

in whose favour it is made remarries or enters

into another relationship as aforesaid.

66N. (1) Notwithstanding

the

Jurisdiction of the

court regarding

provisions of any other law, the courts of civil

divorce.

jurisdiction shall have jurisdiction to hear and

determine a demand for divorce only if at least

one of the following requirements is satisfied

(a)

at least one of the spouses was

domiciled in Malta on the date of the

filing of the demand for divorce before

the competent civil court;

(b) at least one of the spouses was

ordinarily resident in Malta for a period of

one year immediately preceding the filing

of the demand for divorce.

(2) Notwithstanding the provisions of

sub-article (1), where a cause for personal

separation in accordance with Sub-Title III of

this Title is pending before a court of civil

jurisdiction in Malta, including a cause being

heard at appeal stage, and the court has

jurisdiction to hear and determine that cause,

the courts of civil jurisdiction in Malta shall

also have jurisdiction to hear and determine a

demand for divorce between the same parties.".

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

In sub-article (1) of article 295 of the Code, for the words

"in the margin." there shall be substituted the words "in the margin:"

and immediately thereafter there shall be added the following

proviso

"Provided that where a judgement or a decree of divorce

are given by the competent civil court, these shall be registered

in accordance with article 66A(3).".

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

(1) There shall be a Committee to be known as "the

Committee for the Adaptation of Laws due to the introduction of

Divorce".

(2) The Committee shall consist of a representative of the

Minister responsible for Justice, who shall be the Chairperson, and of

two other members one of whom shall be a representative of the

Minister responsible for Social Policy and the other shall be a

representative of the Minister responsible for Finance.

(3) The Committee shall have the function of advising the

Prime Minister on any amendments that have to be made to any law

or regulation which, directly or indirectly, refers to personal

separation between the spouses for the purpose of adapting the same

to the introduction of divorce.

(4) The Committee shall until the 29 th February 2012 make a

report of its recommendations to the Prime Minister.

(5) Without prejudice to the powers of the Parliament of

Malta, the Prime Minister may, by means of an order made until the

30 th June 2012 make any amendments to any law or regulation as

indicated in sub-article (3) as may appear to him to be necessary or

expedient and those amendments may be given retroactive effect as

from the 1 st October 2011, saving any acquired rights.

(6) Any order made in accordance with the provisions of sub-

article (5) shall as soon as may be after it is made, be laid on the Table

of the House and shall have effect upon the lapse of the period of

twenty-eight days after it is so laid, unless the House within that

period resolves that the order be annulled or amended, whereupon

that order shall have no effect or shall have effect as amended, as the

case may be.

(7) In reckoning for the purposes of sub-article (6) any period

of twenty-eight days therein referred to, no account shall be taken of

any time during which the House is not in session or during which it

is adjourned for more than seven days.

Malta Government Gazette — Act 2011 14 — ACT No. XIV of 2011 AN ACT to amend the Civil Code, Cap. 16.

A bill for an Act of Parliament amending, deleting or Special

substituting the provisions of paragraphs (a), (b) and (c) of article procedure

amend, repeal or

66B as provided in clause 9 of this Act shall not be presented to the substitute

paragraphs (a),

President for his assent unless, not less than three nor more than six (b) and (c) of

months after its passage through the House, it has been submitted to article

clause 9 of this

the electors qualified to vote for the election of members of the House Act.

of Representatives and the majority of electors voting have approved

the bill

Provided that it shall not be required to submit the bill to the

electors qualified to vote for the election of members of the House of

Representatives after its passage through the House as provided in

this article, if not less than three months and not more than six months

after the publication of the Bill in the Government Gazette after the

approval of its First Reading in the House of Representatives, the bill

was submitted to the electors qualified to vote for the election of

members of the House of Representatives and the majority of electors

voting have approved the bill.

Passed by the House of Representatives at Sitting No. 386 of the

25th July, 2011.

M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives

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