ACT No. VII of 2014 AN ACT to amend the Constitution of Malta and Various Electoral laws.

I assent.

G EORGE A BELA

(L.S.)

President

28th March, 2014

ACT No. VII of 2014

AN ACT to amend the Constitution of Malta and Various

Electoral laws.

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 Constitution of Malta and

Various Electoral Laws (Amendment) Act, 2014.

PART I

Amendment of the Constitution of Malta

The provisions of this Part amend the Constitution of

Malta and they shall be read and construed as one with the

Constitution of Malta, hereinafter in this Part referred to as "the

Constitution".

In paragraph (b) of article 58 of the Constitution, the words

", or is under such a sentence of imprisonment the execution of which

has been suspended" shall be deleted.

PART II

Amendment of the Code of Organization and Civil Procedure

The provisions of this Part amend the Code of Amendment of

Organization and Civil Procedure and they shall be read and the

Organization

construed as one with the Code of Organization and Civil Procedure, and

Procedure.

hereinafter in this Part referred to as "the Code".

Immediately after article 181B of the Code there shall be Addition of new

articles to the

added the following new articles

Code.

181C. (1) Saving the provisions of article

181D, a judicial act or a written pleading may be filed

in the registry of the Civil Courts and Tribunals,

Malta, for onward transmission by the registrar of that

court to the registrar of the competent civil court or

tribunal sitting in Gozo indicated in the judicial act or

written pleading.

(2) It shall be sufficient for all purposes of law

for a true copy of a judicial act or written pleading to

be scanned in the registry of the Civil Courts and

Tribunals, Malta, and e-mailed to the registrar of the

competent civil court or tribunal in Gozo indicated in

the judicial act or written pleading.

(3) The registrar receiving the scanned copy as

aforesaid shall acknowledge its receipt by return e-

mail to the registrar sending the scanned true copy of

the judicial act or written pleading.

(4) The officer effecting service of the scanned

copy of a judicial act or written pleading as aforesaid

shall deliver to the registrar of the Civil Courts and

Tribunals, Gozo, the certificate of service, duly

confirmed on oath before the registrar himself who

shall transmit it to the registrar of the competent civil

court or tribunal in Malta indicated in the judicial act

or written pleading and vice-versa. Such delivery may

also be made by electronic mail and the registrar

receiving the certificate of service as aforesaid shall

acknowledge its receipt by return e-mail to the

registrar sending the certificate of service.

(5) The provisions of sub-articles (1) to (4),

both inclusive, shall mutatis mutandis apply when a

judicial act or a written pleading is filed in the registry

of the Civil Courts and Tribunals, Gozo, for onward

transmission to the competent civil court or tribunal in

Malta indicated in the judicial act or written pleading.

(6) The date of filing shall be the date when the

judicial act or written pleading was first filed in the

registry of the Civil Courts and Tribunals, Malta and

not when the judicial act or written pleading was

received by the registry of the Civil Courts and

Tribunals, Gozo and vice-versa.

181D. (1) A request for the issue of a warrant or

garnishee order by a civil court or tribunal in Gozo

may be filed in the Registry of the Civil Courts and

Tribunals, Malta.

(2) The registrar of the Civil Courts and

Tribunals, Malta, shall transmit such a request to the

registrar of the competent civil court or tribunal in

Gozo indicated in the request.

(3) The registrar of the Civil Courts and

Tribunals, Gozo shall forward such a request to the

competent civil court or tribunal in Gozo indicated in

the request to deal with it in terms of law.

(4) If the competent civil court or tribunal in

Gozo decrees that such warrant or order is to be

executed in Gozo or Comino, a copy thereof shall be

transmitted by the registrar of the Civil Courts and

Tribunals, Gozo indicated in the request to the

registrar of the competent civil court or tribunal in

Malta from where the request originated. A copy of the

decree shall be served on the person requesting the

issue of such warrant or order.

(5) The officer effecting execution shall deliver

to the registrar of the competent civil court or tribunal

in Gozo indicated in the request the certificate of

service or execution, duly confirmed on oath before

the registrar himself who shall transmit it to the

registrar of the competent court or tribunal in Malta

from where the request originated.

(6) The provisions of sub-articles (1) to (4),

both inclusive, shall mutatis mutandis apply when a

judicial act is filed in the registry of a competent civil

court or tribunal in Gozo for onward transmission to

the competent civil court or tribunal in Malta.

(7) The date of filing shall be the date when the

warrant or a garnishee order was first filed in the

registry of the Civil Courts and Tribunals, Malta and

not when the warrant or garnishee order was received

by the registry of the Civil Courts and Tribunals, Gozo

and vice-versa.".

PART III

Amendment of the General Elections Act

The provisions of this Part amend the General Elections Amendment of

Act and they shall be read and construed as one with the General the

Elections Act.

Elections Act, hereinafter in this Part referred to as "the principal Cap. 354.

In sub-article (4) of article 20 of the principal Act, the Amendment of

words "or to such a sentence of imprisonment the execution of which article

principal Act.

has been suspended" shall be deleted.

Article 77 of the principal Act shall be amended as Amendment of

article 77 of the

principal Act.

(a)

in paragraph (c) of sub-article (3) thereof, for the

words "and Gozo General Hospital." there shall be substituted

the words "and Gozo General Hospital;", and immediately

thereafter there shall be added the following new paragraph and

provisos

"(d) at such places designated for the casting of

votes by voters who are resident at retirement homes as

defined in article 80 on the Saturday prior to polling day,

as the Commission may, by notice in the Gazette published

within ten days from the publication of the writ for the

election, establish

Provided that the Commission shall,

wherever possible, designate as such mixed polling places

the retirement homes themselves

Provided further that for the purposes of this

paragraph every person who is resident in a retirement

home fourteen days before polling day shall be deemed to

be a resident at the retirement home

Provided further that article 83 shall mutatis

mutandis apply to mixed polling places designated in terms

of this paragraph.";

(b) in paragraph (a) of sub-article (3A) thereof

immediately after the words "that he will not be in Malta" there

shall be added the words "or that he will be hospitalised in a

hospital";

(c)

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

(i) in paragraph (c) thereof, for the words "seven

days before polling day" there shall be substituted the

words "fourteen days before polling day";

(ii) in paragraph (d) thereof, for the words "three

days before polling" there shall be substituted the words

"four days prior to polling day"; and

(iii) paragraph (e) thereof shall be substituted by

the following

"(e) Notwithstanding the other provisions of

this Act

(i)voters who vote in a hospital in

accordance with paragraph (d) shall vote on

the Thursday prior to polling day between

7.00 am and 10.00 pm;

(ii)voters -

(aa)who are residing at Saint

Vincent de Paule; or

(bb)who are residing in retirement

homes as defined in article

80 and who are entitled to

vote

at

such

places

designated in accordance

with subarticle (3)(d),

shall vote on the Saturday prior to polling day

between 7.00 am and 10.00 pm.”; and

(d) in sub-article (6) thereof the words "(3)(a) and (b)" shall be

substituted with the words "(3)(a), (b) and (d)".

In sub-article (2) of article 82 of the principal Act, for the

words "Within three days of the publication of the Writ" there shall be

substituted the words "Fourteen days prior to polling day"; and in

paragraph (a) thereof for the words "the election" there shall be

substituted the words "the Thursday prior to polling day".

PART IV

Amendment of the Local Councils Act

The provisions of this Part amend the Local Councils Act

and they shall be read and construed as one with the Local Councils

Act, hereinafter in this Part referred to as "the principal Act".

In paragraph (h) of article 12 of the principal Act, the Amendment to

words "or is under such a sentence of imprisonment the execution of article

12 of the

principal Act.

which has been suspended" shall be deleted.

PART V

Amendment of the European Parliament Elections Act

The provisions of this Part amend the European Parliament Amendment of

Elections Act and they shall be read and construed as one with the the

European

Parliament

European Parliament Elections Act, hereinafter in this Part referred to Elections

as "the principal Act".

In paragraph (b) of article 12 of the principal Act, the Amendment to

words ", or is under such a sentence of imprisonment the execution of article

12 of the

principal Act.

which has been suspended" shall be deleted.

In paragraph (e) of sub-article (1) of article 19 of the Amendment of

principal Act, the words "or is under such a sentence of imprisonment article

19 of the

principal Act.

the execution of which has been suspended" shall be deleted.

Passed by the House of Representatives at Sitting No. 134 of the

26th March, 2014.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives