ACT No. IV of 2016 AN ACT to amend various laws relating to justice reform in the sphere of civil procedure.
Table of Provisions (33)
Statutory Text (33 Articles)
I assent.
M ARIE L OUISE
(L.S.)
C OLEIRO P RECA
President
19th January, 2016
ACT No. IV of 2016
AN ACT to amend various laws relating to justice reform in the
sphere of civil procedure.
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 Short title and
commencement.
(Justice Reform) (Civil Procedure) (Amendment) Act, 2016.
(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 purposes or
provisions of this Act.
PART I
This Part amends the Code of Organization and Civil Amendments to
Procedure, and shall be read and construed as one with the Code of the
Organization
Organization and Civil Procedure, hereinafter in this Part referred to and
Procedure.
as "the Code".
In sub-article (1) of article 47 of the Code, for the words Amendment of
"eleven thousand and six hundred and forty-six euro and eighty-seven article
Code.
cents (11,646.87)" there shall be substituted the words "fifteen
thousand euro (€15,000)".
In sub-article (1) of article 152 of the Code, for the words Amendment of
"not later than six months" there shall be substituted the words "not article
the Code.
later than three months".
Article 166A of the Code shall be amended as follows
(a) in sub-article (1) thereof, for the words "twenty-
three thousand and two hundred and ninety-three euro and
seventy-three cents (23,293.73)" there shall be substituted the
words "twenty-five thousand euro (€25,000)";
(b) in the first proviso to sub-article (1) thereof, for the
words "an amount not exceeding twenty-three thousand and two
hundred and ninety-three euro and seventy-three cents
(23,293.73)" there shall be substituted the words "an amount not
exceeding twenty-five thousand euro (€25,000)"; and for the
words "the said sum of twenty-three thousand and two hundred
and ninety-three euro and seventy-three cents (23,293.73)" there
shall be substituted the words "the said sum of twenty five
thousand euro (€25,000)"; and
(c)
immediately after sub-article (6) of article 166A of
the Code, there shall be added the following new sub-article (7)
"(7) Notwithstanding the other provisions of this article,
where a judicial letter filed in terms of this article is not notified
upon the debtor within six months from when the said letter is
filed, the procedure provided for in this article shall no longer
apply without prejudice to the right of the creditor to file another
judicial letter in terms of this article with respect to the same
claim.".
In sub-article (2) of article 175 of the Code, for the words
"judgment appealed from." there shall be substituted the words
"judgment appealed from:", and immediately thereafter there shall be
added the following new provisos
"Provided that any court of appellate jurisdiction may also
order corrections in the judgment of the court of first instance
and other corrections that the court of appellate jurisdiction
considers to be justified in the acts of the case at any stage of the
appeal proceedings until the appeal is adjourned for judgment,
at the request of any of the parties, and after granting the parties
an opportunity to be heard
Provided further that a court of appellate jurisdiction may
also order corrections in a judgment which it has delivered upon
an application filed by any of the parties within thirty days from
the date of the judgment.".
Sub-article (1) of article 187, but not including the
provisos thereto, of the Code, shall be substituted by the following
"(1) Service shall be effected by the delivery of a copy of
the pleading to the person on whom the pleading is to be served,
wherever such person may be found. Service may also be
effected by leaving such copy at the place of residence or
business or place of work or postal address of such person with
a member of his family or household or with a person in his
service or with his attorney or person authorized to receive his
mail. If service is not effected on a first attempt, the officer
charged with the service shall make two other attempts to serve
the copy of the pleading without further authorisations by the
court and such attempts shall be made at different times of the
day with the last attempt at service to be made after judicial
hours. Each attempt of service is to be made after the payment
of the appropriate fee due to the registry. The officer charged
with the service shall file a separate certificate of service for
each attempt made in the acts of the proceedings:".
Immediately after article 187 of the Code there shall be Addition of new
article to the
added the following new article
Code.
" Accessibility
187A. (1) The
Chief
Electoral
of electoral
Commissioner shall make accessible online and
register in
free of charge the electoral register for general
electronic
format.
elections to the court registries from where the
courts, court officers, advocates and legal
procurators may access the data contained in
such register for purposes related to the service
of judicial acts.
(2) The Registrar of Companies shall
make accessible, online and free of charge at the
Court Registry, such data related to companies
required for the purposes of service of judicial
acts on such companies, which the courts, court
officers, advocates and legal procurators may
access.".
Immediately after sub-article (6) of article 195 of the Code Amendment of
article 195 of
there shall be added the following new sub-article
the Code.
"(7) Where, after the written pleadings of an appeal are
deemed to be concluded, the Court of Appeal considers an
appeal to be frivolous and vexatious, the Court of Appeal may
dismiss the appeal in open court on the day fixed for the first
hearing.".
In paragraph (b) of article 207 of the Code, for the words Amendment of
"in article 204(1)." there shall be substituted the words "in article article
the Code.
204(1):", and immediately thereafter there shall be added the
following new proviso to the whole article
"Provided that in the case of paragraphs (a) and (b), if the
parties, within thirty days after the written pleadings are deemed
to be concluded, file in the registry a joint note declaring that
they have no oral or written submissions to make, the appellate
court shall appoint the cause for judgment to a date being not
later than six months from the filing of the note.".
In paragraph (c) of article 253 of the Code, for the words
"the Registrar Civil Courts and Tribunals" there shall be substituted
the words "the Registrar".
Article 258 of the Code shall be amended as follows
(a) in paragraph (a) thereof, for the words "a period of
ten years" there shall be substituted the words "a period of
fifteen years";
(b) in paragraph (b) thereof, for the words "a period of
five years" there shall be substituted the words "a period of ten
years"; and
(c)
in paragraph (c) thereof, for the words "a period of
three years" there shall be substituted the words "a period of
five years".
Sub-article (1) of article 310 of the Code shall be
substituted by the following
"(1) In the valuation of immovable property, the experts
shall include a description of the property stating the burdens,
leases and other rights whether real or personal, if any, to which
the property is subject, as well as the last transfer of such
property according to the information obtained from the creditor
or from the debtor and such description shall include the
following
(a) an indication of the area and height of the
property subject to judicial sale;
(b) a plan or a sketch which shows the
number of rooms constituting the property and
their size;
(c) a report as to whether the property is
built in line with building permits and sanitary
rules;
(d) a copy of the deed of acquisition; and
(e) a declaration as to whether the place is
inhabited or occupied by third parties, and under
which title it is so occupied
Provided that if the occupier, when so requested by
the expert to give the information referred to in paragraph (e),
fails to do so, the expert shall include a declaration to that effect
in his report
Provided further that if the Court is satisfied that the
occupier failed to give the information referred to in the first
proviso without just cause, the Court may find the occupier to
be in contempt of court and he shall be liable on conviction to a
punishment consisting of a fine (multa) of not less than two
hundred euro (€200) and not more than one thousand euro
(€1,000).".
Article 313 of the Code shall be amended as follows
Amendment of
article 313 of
the Code.
(a)
the current provision shall be re-numbered as sub-
article (1); and
(b) immediately after sub-article (1) thereof, as re-
numbered, there shall be added the following new sub-article
"(2) The advertisement of a judicial sale by
auction shall include
(a) an indication of the court reference of the
judicial sale by auction;
(b) the names of the parties thereto and their
identity card or other identity document numbers if
available;
(c) a clear indication of the property to be
sold;
(d) the value of each property, where a
valuation has been carried out in terms of the law;
and
(e) the date, time and place of the judicial
sale by auction.".
In sub-article (2) of article 354 of the Code, for the words
"eleven thousand and six hundred euro" there shall be substituted the
words "fifteen thousand euro (€15,000).".
In article 357 of the Code, for the words "within four
months" there shall be substituted the words "within one year".
Immediately after article 357 of the Code, there shall be
added the following new article
" Action to
357A. No action to annul or rescind a
annul or
judicial sale by auction of an immovable
rescind a
property shall be filed or acceded to unless such
judicial sale by
auction.
action is filed before the lapse of one year from
the date when the adjudication of the immovable
property has been registered in the Public
Registry.".
Article 527 of the Code shall be substituted by the
following
" Notice
527. (1) The court shall, in the decree of
containing
interdiction or incapacitation, direct that a notice
terms of
thereof, specifying the terms of the inhibition, be
inhibition to be
published in
published in the Gazette
Gazette.
Provided that the court shall order
that the decree be transmitted to the Archivist of
Notarial Acts who shall enter a note of such
interdiction or incapacitation in a book to be
kept for the purpose.
(2) The registrar shall keep an official
Electronic
register.
online Register of Interdicted and Incapacitated
Persons. Such register shall be continuously kept
updated by the registrar. The register shall be
held in electronic version and shall be accessible
to the Commissioner for the Promotion of Rights
of Persons with Mental Disorders and to
advocates, notaries and legal procurators and to
such other persons who the Minister may by
regulations designate.
(3) The register shall be divided into three
parts. The first part shall contain a list of
interdicted persons, the second part shall contain
a list of incapacitated persons and the third part
shall contain a list of persons in respect of whom
a certificate of lack of mental capacity has been
issued in accordance with the Mental Health Act.
Each part of the register shall be held in
alphabetical order.
(4) The registrar shall enter in the register
the name, the surname, the father’s name, the
place of birth, place of residence and a reference
to a legally valid identification document
number of the person interdicted or
incapacitated and the date and summary of the
decree of interdiction or incapacitation
Provided that from the register there
shall be excluded cases
(a)
where more than eighty years
have elapsed since the date of the decree;
(b) where the person would have
reached the age of one hundred and ten
years;
(c)
where the decree has been
revoked in terms of article 526; and
(d) where the person interdicted or
incapacitated has died.
(5) The register shall be accessible to the
public under the supervision of an officer from
the court from the premises of the Court of
voluntary jurisdiction.
(6) Until an electronic register in
accordance with this article is established, such
register may be kept in hard copy by the Registrar
of the Court of voluntary jurisdiction who shall
allow access to the said register during the times
when the registry is open.".
Immediately after article 732 of the Code, there shall be Addition of new
article to the
added the following new article
Code.
" Ex officio
732A. Saving the provisions of any other
pleas raised by
law, in those instances where the law allows the
the court.
court to raise ex officio a plea in a judgment
without raising such plea prior to the action
being put off for judgment, without allowing the
parties to take cognizance of such plea before
judgment is delivered, and without the parties
being allowed to produce such evidence or plead
in relation to the plea, the court shall not raise
such a plea in its judgment but shall raise such a
plea in open court or by decree in camera and
the parties shall be allowed to produce evidence
and make oral submissions thereupon before
judgment on the plea raised by the court is
delivered.".
In paragraph (b) of article 741 of the Code, for the words
"is cognizable;" there shall be substituted the words "is cognizable:",
and immediately thereafter there shall be added the following new
provisos
"Provided that if the court considers that the plea is
justified, the court shall by a decree in camera, which shall not
be subject to appeal, order that the acts of the proceedings be
transferred to the court, board or other tribunal by which it
considers that such action is cognizable
Provided further that if the court, board or other tribunal to
which the acts of the proceedings are transferred considers that
it is not vested with jurisdiction to take cognizance of the action
transferred to it, the court, board or other tribunal shall within
ten days from the receipt of the acts of the proceedings or from
the first hearing of the action before it transmits the acts of the
proceedings to the court of appellate jurisdiction entitled to take
cognizance of appeals from judgments of the court, board or
other tribunal which court shall within thirty days and by a
decree in camera determine by which court, board or other
tribunal such action is cognizable;".
Article 874 of the Code shall be amended as follows
(a)
in sub-article (2) thereof, immediately after the
words "with reference to the geographical data in question."
there shall be added the words "Where the application refers to
specific immovables it shall also be accompanied by a complete
draft of the note of enrolment for filing in the Public Registry.";
(b) in sub-article (3) thereof, for the words "a notary
public, appointed by the Court for the purpose" there shall be
substituted the words "the Registrar"; and
(c)
immediately after sub-article (6) thereof, there shall
be added the following new sub-article
"(7) No action for damages shall lie against
the Registrar for failure to comply with any of the
provisions of this article except on the basis of
wilful acts done in bad faith or of gross
negligence.".
Sub-article (3) of article 875 of the Code shall be Amendment of
article 875 of
substituted by the following
the Code.
"(3) The court shall appoint the application for hearing
on a date not later than one month from the day when the
warrant had been filed and confirmed on oath and the parties
have been duly notified and shall decide ex tempore on its
merits by means of a decree in the records of the proceedings.".
PART II
This Part amends the Civil Code, and it shall be read and Amendment to
construed as one with the Civil Code, hereinafter in this Part referred the
to as "the Code".
In sub-article (1) of article 1886 of the Code in paragraph (e) Amendment of
thereof, the words "on the part of the mandatory." shall be substituted article
the Code.
by the words "on the part of the mandatory:" and immediately
thereafter there shall be added the following new proviso
"Provided that
(i)
in the case of the termination of a mandate whereby
the mandatory, being a physical person, has been empowered to
transfer immovable property on behalf of the mandator or where
the mandate is one of a general nature given between physical
persons, such termination may be notified by the mandator or by
any other person having an interest in the mandate to the Chief
Notary to Government who will enter the particulars of such
termination in a register held by him for the purpose and which
shall be accessible to the public during office hours; and
(ii) the Minister responsible for Justice shall have the
power to issue regulations to establish an electronic register
where the registration of mandates and their termination may be
made and to establish such formalities, fees and applicable
procedures for registration in the said electronic register and to
regulate access to the said register.".
PART III
This Part amends the Small Claims Tribunal Act, and it
shall be read and construed as one with the Small Claims Tribunal
Act, hereinafter in this Part referred to as "the principal Act".
Article 3 of the principal Act shall be amended as follows
(a) in sub-article (2) thereof, for the words "three
thousand and four hundred and ninety-four euro and six cents
(3,494.06)" there shall be substituted the words "five thousand
euro (€5,000)";
(b) in paragraph (c) of sub-article (3) thereof, for the
words "three thousand and four hundred and ninety-four euro
and six cents (3,494.06)" there shall be substituted the words
"five thousand euro (€5,000)"; and
(c)
in sub-article (5) thereof, for the words "three
thousand and four hundred and ninety-four euro and six cents
(3,494.06)" there shall be substituted the words "five thousand
euro (€5,000)".
Article 8 of the principal Act shall be amended as follows
(a)
in sub-article (3) thereof, for the words "exceeds one
thousand and one hundred and sixty-four euro and sixty-nine
cents (1,164.69)" there shall be substituted the words "exceeds
one thousand and five hundred euro (€1,500)"; and
(b) sub-article (5) thereof shall be substituted by the
following
"(5) The Court of Appeal may, if it considers
the application frivolous or vexatious, dismiss the
appeal and order the applicant to pay a penalty
which shall not be less than two hundred and fifty
euro (€250) and not exceeding one thousand and
two hundred and fifty euro (€1,250).".
Paragraph (a) of sub-article (2) of article 9 of the principal Amendment of
article 9 of the
Act shall be substituted by the following
principal Act.
"(a) shall ensure that a case is, as far as possible, heard
summarily and decided ex tempore on the same day of the
hearing and that the hearing shall not take longer than one
sitting
Provided that if a party wishes to appeal from the
decision, notice shall be given to the adjudicator at the time the
decision is given
Provided further that the adjudicator shall on the
same day when the decision is given deliver a written copy of
the ex tempore decision containing the reasons for the decision
to the Registrar.".
PART IV
This Part amends the Administrative Justice Act, and it Amendments to
shall be read and construed as one with the Administrative Justice the
Administrative
Act, hereinafter in this Part referred to as "the principal Act".
Justice Act.
Sub-article (2) of article 5 of the principal Act shall be Amendment of
article 5 of the
substituted by the following
principal Act.
"(2) The Administrative Review Tribunal shall not have
a general jurisdiction to review administrative acts which are
reviewable under article 469A of the Code of Organization and
Civil Procedure but it shall have jurisdiction to review those
administrative acts as may be prescribed in or under this Act or
any other law granting jurisdiction to the Administrative
Review Tribunal over any class of administrative acts.".
Article 7 of the principal Act shall be substituted by the Substitution of
article 7 of the
following
principal Act.
" Review of
7. (1) The Administrative Review
administrative
Tribunal shall be competent to review
acts.
administrative acts of the public administration
on points of law and points of fact.
(2) Subject to the provisions of article 5
and where a special law confers jurisdiction to
the Administrative Review Tribunal and unless
any provision of the law does not provide for
any time limit for the filing of an action for
review by the Administrative Review Tribunal,
an action to review administrative acts of the
public administration under this Act shall be
filed within a period of six months from the date
when the interested person becomes aware or
could have become aware of such an
administrative act, whichever is the earlier.".
Every court or tribunal having jurisdiction to hear and
determine a cause prior to the coming into force of this Part shall
continue to hear and determine those causes that were commenced
before such court or tribunal prior to the coming into force of this
Part.
Passed by the House of Representatives at Sitting No. 343 of the
12th January, 2016.
A NĠLU F ARRUGIA
Speaker
R AYMOND S CICLUNA
Clerk of the House of Representatives
€1.26