Legislator Case Law & Legislation
act_2015_19 MT

ACT No. XIX of 2015 AN ACT to amend the Code of Organization and Civil Procedure, Cap. 12, and to provide for matters ancillary or consequential thereto.

3 Articles / Provisions · Malta
Open official source Machine-readable Markdown (.md)

Statutory Text (3 Articles)

Malta Government Gazette — Act 2015 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,450 – 10.07.2015 — ACT No. XIX of 2015 AN ACT to amend the Code of Organization and Civil Procedure, Cap. 12, and to provide for matters ancillary or consequential thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

10th July, 2015

ACT No. XIX of 2015

AN ACT to amend the Code of Organization and Civil

Procedure, Cap. 12, and to provide for matters ancillary or

consequential thereto.

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 2015 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,450 – 10.07.2015 — ACT No. XIX of 2015 AN ACT to amend the Code of Organization and Civil Procedure, Cap. 12, and to provide for matters ancillary or consequential thereto.

The short title of this Act is the Code of Organization and Short title.

Civil Procedure (Amendment) Act, 2015, and this Act shall be read

and construed as one with the Code of Organization and Civil Cap. 12.

Procedure, hereinafter referred to as ''the Code''.

Malta Government Gazette — Act 2015 19 · Gazzetta tal-Gvern ta’ Malta Nru. 19,450 – 10.07.2015 — ACT No. XIX of 2015 AN ACT to amend the Code of Organization and Civil Procedure, Cap. 12, and to provide for matters ancillary or consequential thereto.

Immediately after article 519G of the Code, there shall be Addition of new

article to the

added the following new article

Code.

" Appointment

519GA. (1) The Minister responsible for

of guardians.

Persons with Disability shall nominate a pool of

guardians as he may deem fit, consisting of

advocates, legal procurators, social workers and

other experts, to perform the duties of guardians.

(2) A list of the members of the pool

appointed as aforesaid shall be published in the

Gazette.

(3) The persons appointed under the

provisions of this article shall perform their

duties in rotation unless the Guardianship Board

deems fit to appoint a particular guardian to suit

the needs of a particular guardianship

application.

(4) The rotation shall be according to the

order in which the names of the persons

appointed are placed on the rota unless there is

some reasonable objection against the person

whose turn it is on the rota, in which case the

person immediately next on the rota shall be

selected and the person objected to as aforesaid

shall be entitled to the next turn in regard to

which there shall be no objection.

(5) The provisions of articles 519F, 519G,

519H, 519I and 519J relating to functions, duties

and responsibilities of guardians shall mutatis

mutandis apply to the pool of guardians.

(6) In case of misconduct, negligence or

any reasonable objection to any guardian

selected from the rota to perform the duties of

guardian, the Board shall have the power to

remove him from the case and to appoint another

guardian from the rota in his stead.".

Passed by the House of Representatives at Sitting No. 283 of the

1st July, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.36

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →