ACT No. IV of 2016 AN ACT to amend various laws relating to justice reform in the sphere of civil procedure.

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