ACT No. XIX of 2012 AN ACT to amend the Notarial Profession and Notarial Archives Act, Cap. 55.

I assent.

G EORGE A BELA

(L.S.)

President

23rd November, 2012

ACT No. XIX of 2012

AN ACT to amend the Notarial Profession and Notarial

Archives Act, Cap. 55.

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 Notarial Profession and Short title.

Notarial Archives (Amendment) Act, 2012.

PART I

Amendments to the Notarial Profession

and Notarial Archives Act, Kap 55

(1) This Part amends the Notarial Profession and Amendments to

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

Profession and

the Notarial Profession and Notarial Archives Act, hereinafter in this Notarial

Archives Act.

Part referred to as "the principal Act".

Cap 55.

(2) The provisions of this Part shall come into force on such Commencement

date as the Minister responsible for notarial affairs may by notice in

the Gazette establish, and different dates may be so established for

different provisions and different purposes of this Part, and he may

also by notice in the Gazette establish which provisions of this Part and

which different purposes thereof shall apply to notarial acts published

before the coming into force of different provisions of this Part.

Article 28 of the principal Act shall be amended as

follows

(a)

sub-article (1) thereof shall be amended as follows

(i) in sub-paragraph (iv) of paragraph (c) thereof,

for the words "where a party appearing" there shall be

substituted the words "where an appearer";

(ii) in sub-paragraph (v) of paragraph (k) thereof,

for the words "if any of the parties" there shall be

substituted the words "if any of the appearers"; and

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

there shall be substituted the words "the appearers".

In paragraph (e) of sub-article (1) of article 40 of the

principal Act, for the words "of articles 25(1), (2), (3), (4) and (5)"

there shall be substituted the words "of articles 25(2), (3), (4) and

(5)".

In the Maltese version of paragraph (d) of sub-article (1) of

article 128 of the principal Act, for the words "id-destinazzjoni" there

shall be substituted the words "id-destituzzjoni".

PART II

Amendments to the Notarial Profession and Notarial Archives

(Amendment) Act, 2011 (Act XXIV of 2011)

(1) This Part amends the Notarial Profession and

Notarial Archives (Amendment) Act, 2011 (Act XXIV of 2011), and

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

Notarial Archives (Amendment) Act, 2011 (Act XXIV of 2011),

hereinafter in this Part referred to as "the amending Act". The

Notarial Profession and Notarial Archives Act shall in this Part be

2011. referred to as "the principal Act".

(2) The provisions of this Part shall come into force on such

date as the Minister responsible for notarial affairs may by notice in

the Gazette establish, and different dates may be so established for

different provisions and different purposes of this Part, and he may

also by notice in the Gazette establish which provisions of this Part and

which different purposes thereof shall apply to notarial acts published

before the coming into force of different provisions of this Part.

Article 20 of the amending Act, which substitutes article Amendment of

article 20 of the

25 of the principal Act, shall be amended as follows

amending Act.

(a)

in the Maltese version thereof, in subarticle (6) of

article 25 of the principal Act as substituted, for the words "ta’

dan l-att" there shall be substituted the words "ta’ dan l-Att",

and in paragraph (a) of subarticle (6) of article 25 of the

principal Act as substituted, for the words "tal-att jew qabel"

there shall be substituted the words "tal-att u qabel"; and

(b) in subarticle (6) of article 25 of the principal Act as

substituted, for the words "and nor does" there shall be

substituted the words "nor does".

In the Maltese version, paragraph (b) of article 38 of the Amendment of

article 38 of the

amending Act shall be substituted by the following new paragraph

amending Act.

"(b) il-kelma "partijiet" għandha tiġi sostitwita bil-kelma

"komparenti".".

In the Maltese version, sub-paragraph (i) of paragraph (a) Amendment of

of article 55 of the amending Act shall be substituted by the following article

amending Act.

new sub-paragraph

"(i) il-kliem "tal-artikolu 81(4), it-testmenti pubbliċi, l-

atti ta’ kunsinna ta’ testmenti sigrieti, u" għandhom jiġu

sostiwiti bil-kliem "tal-artikolu 81(5), it-testmenti pubbliċi u";".

In the Maltese version, article 61 of the amending Act shall Substitution of

article 61 of the

be substituted by the following new article

amending Act.

"61. Fis-subartikolu (3) tal-artikolu 75 tal-Att prinċipali

l-kelma "lanqas" għandha tiġi sostitwita bil-kelma "ħlief".".

Article 72 of the amending Act, adding the new Title IVA Amendment of

and articles 94A and 94B to the principal Act, shall be amended as article

amending Act.

follows

(a)

article 94A of the principal Act, as added, shall be

amended as follows

(i) in subarticle (1) thereof, in the definition of

"wills" for the words "the original wills" there shall be

substituted the words "the original wills; and includes the

original acts of delivery of secret wills published up to 31st

December 2011";

(ii) in paragraph (c) of sub-article (19) thereof,

for the words "of articles 20, 70(1) and 126" there shall be

substituted the words "of articles 17(1), 20, 70(1) and

126"; and

(b) in article 94B of the principal Act, as added,

paragraph (b) of sub-article (7) thereof shall be deleted, and

paragraph (a) of sub-article (7) thereof shall be renumbered as

sub-article (7) thereof.

Article 78 of the amending Act, substituting article 110 of

the principal Act, shall be amended as follows

(a) in sub-article (3) of article 110 of the principal Act as

substituted, for the word "Magistrate" there shall be substituted the

words "Magistrate in office";

(b) in sub-article (8) of article 110 of the principal Act as

substituted, for the words “the Court of Appeal” there shall be

substituted the words “the Attorney General”, and in the Maltese

version for the words "l-Qorti ta’ Reviżjoni ta’ Attijiet Nutarili” there

shall be substituted the words "l-Qorti ta’ Reviżjoni tal-Atti Nutarili";

(c) immediately after sub-article (9) of article 110 of the

principal Act as substituted, there shall be added the following new

sub-article

“(10) (a) If the appointment mentioned in sub-article (5) is

not made within two months of the date it should have been

made, or if the office is for any reason vacant for over two

months, the most senior Magistrate shall, without the need of

any formality and notwithstanding any law to the contrary, ex

officio preside the Court of Revision of Notarial Acts for as long

as the appointment is not made or the office remains vacant and,

in case such Magistrate is unable for any reason to preside such

Court, the immediately next most senior Magistrate shall ex

officio preside, and so on.

(b) In this sub-article the phrase “most senior

Magistrate” means a serving Magistrate who has been in office

for the longest time, independently of the provisions of article

7(2) of the Code of Organization and Civil Procedure.

(c)

For as long as the Magistrate mentioned in paragraph

(a) presides such Court, any reference in this Act and in any law

to the retired Judge or retired Magistrate or retired advocate of the

Court of Revision of Notarial Acts or a similar reference shall be

a reference to the Magistrate mentioned in the said paragraph who

presides such Court.”.

Paragraph (b) of article 80 of the amending Act shall be Amendment of

article 80 of the

substituted by the following new paragraph

amending Act.

"(b) for the words "by the said court or by any of the

Visitors separately" in sub-article (1) thereof, as renumbered,

there shall be substituted the words "by the said Court of

Revision"; and".

In the Maltese version of article 83 of the amending Act, Amendment of

for the words "L-artikolu 114 tal-Att prinċipali" there shall be article

amending Act.

substituted the words "L-artikolu 117 tal-Att prinċipali".

In paragraph (b) of article 86 of the amending Act, Amendment of

substituting sub-article (1) of article 120 of the principal Act, for the article

amending Act.

words, in sub-article (1) as substituted, "what is required by article

94A(10), (11) and (12)" there shall be substituted the words "what is

required by the aforesaid sub-article (18)".

Paragraphs (b) to (g), both included, of article 99 of the Amendment of

article 99 of the

amending Act amending various provisions of the Civil Code shall be amending Act.

substituted by the following

“(b)

article 242 thereof shall be amended as follows

(i) in sub-article (2) thereof for the words "one of

the Visitors of Notarial Acts" there shall be substituted the

words "the retired Judge or retired Magistrate or retired

advocate of the Court of Revision of Notarial Acts";

(ii) in sub-article (3) thereof for the words "by

one of the said Visitors" there shall be substituted the

words "by the said retired Judge or retired Magistrate or

retired advocate";

(c)

in sub-article (1) of article 253 thereof for the words

"of one of the Visitors of notarial acts" there shall be substituted

the words "of the retired Judge or retired Magistrate or retired

advocate of the Court of Revision of Notarial Acts";

(d)

article 257 thereof shall be amended as follows

(i) in the marginal note thereof for the words “by

Visitors” there shall be substituted the words “by Court of

Revision”;

(ii) in sub-article (1) thereof for the words "by

one of the Visitors of notarial acts" there shall be

substituted the words "by the retired Judge or retired

Magistrate or retired advocate of the Court of Revision of

Notarial Acts";

(iii) in sub-article (4) thereof for the words "the

Visitor may deem necessary, and the Visitor shall, before

making any order, give" there shall be substituted the

words "the said retired Judge or retired Magistrate or

retired advocate may deem necessary and, before making

any order, he shall give";

(iv) in sub-article (5) thereof for the words "of

any order made by the Visitors as aforesaid" there shall be

substituted the words “of any order made as aforesaid by

the said retired Judge or retired Magistrate or retired

advocate";

(v) in sub-article (8) thereof for the words "by

the Visitor as aforesaid" there shall be substituted the

words "as aforesaid by such retired Judge or retired

Magistrate or retired advocate";

(vi) in sub-article (9) thereof for the word "by the

Visitor" there shall be substituted the words "by such

retired Judge or retired Magistrate or retired advocate ";

(dd) in sub-article (5) of article 270 thereof for the words

"of one of the Visitors of notarial acts" there shall be substituted

the words "of the retired Judge or retired Magistrate or retired

advocate of the Court of Revision of Notarial Acts";

(e)

sub-article (2) of article 280 thereof shall be

amended as follows

(i) in paragraph (a) thereof for the words "one of

the Visitors of notarial acts" there shall be substituted the

words "the retired Judge or retired Magistrate or retired

advocate of the Court of Revision of Notarial Acts";

(ii) in paragraph (c) thereof for the words "one of

the Visitors of notarial acts" there shall be substituted the

words "the retired Judge or retired Magistrate or retired

advocate of the Court of Revision of Notarial Acts";

(f)

article 281 thereof shall be amended as follows

(i) in sub-articles (1) and (2) thereof for the

words "to one of the Visitors of notarial acts" there shall be

substituted the words "to the retired Judge or retired

Magistrate or retired advocate of the Court of Revision of

Notarial Acts";

(ii) in sub-article (3) thereof, for the word

"Visitor" there shall be substituted the words "retired Judge

or retired Magistrate or retired advocate";

(g) in sub-article (2) of article 286 thereof for the words

"of one of the Visitors of notarial acts" there shall be substituted

the words "of the retired Judge or retired Magistrate or retired

advocate of the Court of Revision of Notarial Acts ";

(gg) in form BB of Part II of the First Schedule thereof,

with reference to article 281 thereof

(i) for the words "by the undersigned Visitor

who shall hear" there shall be substituted the words "by

the Court which shall hear";

(ii) for the words "E.F. Visitor of Notarial Acts"

there shall be substituted the word "Registrar”; and”.

Article 103 of the amending Act shall be amended as Amendment of

article 99 of the

amending Act.

(a)

sub-article (4) thereof shall be amended as follows

(i) in paragraphs (a) and (b) thereof, for the

words "before the year 2015", there shall be substituted the

words "before the year 2018";

(ii) in paragraph (c) thereof, for the words "up to

and including 2014" there shall be substituted the words

"up to and including the year 2017", and for the words "to

the end of 2014" there shall be substituted the words "to

the end of the year 2017";

(b) in sub-article (6) thereof, for the words "October

2012." there shall be substituted the words "October 2012:" and

immediately thereafter there shall be added the following new

provisos

"Provided that the provisions of article 8(7) of the

principal Act as substituted by this Act shall not apply to

persons who sit for the qualifying examination before the

year 2018

Provided further that the Board of Examiners

appointed in terms of article 7 of the principal Act as

substituted by this Act shall have the right, in its discretion

before the year 2018, to hold another qualifying

examination in any calendar year, sohowever that the

examination cannot be held less than six months from the

date of the results of the examination held in March of

such year."; and

(c)

in paragraph (b) of sub-article (11) thereof, for the

words "res judicata." there shall be substituted the words "res

judicata:", and immediately thereafter there shall be added the

following new proviso to the existing one

"Provided also that, so long as the Minister

responsible for notarial affairs does not make

regulations in terms of paragraph (b) of this sub-

article regarding acts published, before the coming

into force of article 40 of the principal Act as

substituted by this Act, by notaries who died or shall

have died at any date, the Acts of Deceased Notaries

Regulations, made by Legal Notice 303 of 2005,

shall remain in force notwithstanding that article 40

of the principal Act, under which they were made,

has been substituted by this Act.".

Passed by the House of Representatives at Sitting No. 523 of the

19th November, 2012.

M ICHAEL F RENDO

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives