ACT No. I of 2018 An Act to provide for a commercial section of the Civil Court, to provide for additional chambers of the Court of Appeal and to abolish the Court of Magistrates (Gozo) sitting in its superior jurisdiction, to extend the jurisdiction of the Civil Court, First Hall, the Civil Court

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

19 th January, 2018

ACT No. I of 2018

An Act to provide for a commercial section of the Civil Court, to

provide for additional chambers of the Court of Appeal and to abolish

the Court of Magistrates (Gozo) sitting in its superior jurisdiction, to

extend the jurisdiction of the Civil Court, First Hall, the Civil Court

(Family Section) and the Civil Court (Voluntary Jurisdiction) to the

Islands of Gozo and Comino and to make ancillary and consequential

provisions 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 authority of the same as follows:-

(1) This Act may be cited as the Code of Organization and

commencement.

Civil Procedure (Amendment) Act, 2018 and this Act shall be read and

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

hereinafter referred to as "the Code".

(2) This Act shall come into force on such a date as the Minister

responsible for justice may by notice in the Gazette appoint, and

different dates may be so appointed for different provisions or

different purposes of this Act

Provided that clause 22 shall come into force immediately.

(3) A notice under sub-article (2) of this article may make such

transitional provisions as appear to the Minister to be necessary or

expedient in connection with the provisions thereby brought into force.

(a) Immediately after article 35 of the Code there shall be Substitution of

articles of the

substituted the following new article

Code.

36. (1) The Civil Court, First Hall and the Civil

Court (Family Section) shall be competent to hear cases

in Malta and Gozo.

(2) The Civil Court, First Hall and the Civil Court

(Family Section) shall hold sittings both in Malta and in

Gozo.

(3) When the Civil Court, First Hall and the Civil

Court (Family Section) hold sittings in Malta, they shall

take cognizance of all claims against persons residing

or having their ordinary abode in the Island of Malta,

and of all other causes expressly assigned by law to

such sections of the Civil Court.

(4) When the Civil Court, First Hall and the Civil

Court (Family Section) hold sittings in Gozo, they shall

take cognizance of all claims against persons residing

or having their ordinary abode in the Islands of Gozo

and Comino, and of all other causes expressly assigned

by law to such sections of the Civil Court.

(5) The rules set out in this Code concerning the

privilegium fori and the exceptions thereto shall apply

also between the Civil Court, First Hall and the Civil

Court (Family Section) when sitting in the island of

Malta and when sitting in the island of Gozo.

(6) Causes which are not included in the causes

which may be heard by the Civil Court, First Hall and

the Civil Court (Family Section) when holding sittings

in the island of Gozo shall be heard by the said Courts

sitting in Malta.

(7) The Civil Court (Commercial Section) shall

take cognizance of all claims against persons residing

or having their ordinary abode in the Islands of Malta

and the Islands of Gozo and Comino expressly assigned

by law to such section of the Civil Court

Provided that where the Civil Court

(Commercial Section) is to hear causes concerning

claims against persons residing or having their ordinary

abode in the Islands of Gozo and Comino, it shall hold

its sittings in the building of the courts of Gozo.

(8) The Civil Court (Voluntary Jurisdiction

Section) shall also sit in Malta and in Gozo.

(9) It shall be lawful to add the words "(Gozo)" in

any written pleading, judicial act, court decree, court

judgment, procès-verbal, form or any other document

whatsoever filed or used by the Civil Court, First Hall,

the Civil Court (Family Section) or the Civil Court

(Voluntary Jurisdiction Section) when such documents

relate to acts, claims or proceedings of the said courts in

respect of which sittings are held in the island of

Gozo.".

(b) Immediately after article 36 of the Code, as substituted, there

shall be substituted the following new article

37. The Minister responsible for justice may from

time to time make regulations for the better

implementation of the provisions of this Act and,

without prejudice to the generality of the foregoing the

said regulations may provide

(a) for the transfer of cases pending or

formerly pending before the Court of Magistrates

(Gozo) and the Civil Court, First Hall to another

court;

(b) for the hearing of appeals from

judgments of the Court of Magistrates (Gozo)

which are pending on the date of coming into

force of this Act;

(c) for the making and implementation of

any transitory, ancillary or consequential

measures that may in the opinion of the Minister

be required for the purpose of the proper

implementation of the purposes of this Act.".

(c)

Immediately after article 37 of the Code, as substituted, there

shall be substituted the following new article

38. (1) Any written pleading, judicial act,

"Saving provision.

document, proceedings or other procedures which have

hitherto been filed, instituted or followed before the

Court of Magistrates (Gozo) sitting in its superior

jurisdiction and before the Civil Court, First Hall prior

to the entry into force of this Act which were valid at

the time when such pleadings, acts, documents and

procedures were filed, instituted or followed shall

continue to be valid after the entry into force of this

Act.

(2) The provisions of sub-article (1) shall apply

also to any decree, judgment, order or other decision

delivered by the said Court and to the enforcement of

such decree, judgment, order and decision.

(3) The provisions of the Code as amended by this

Act shall apply to any procedures pending before the

Court of Magistrates (Gozo) (Superior Jurisdiction) and

the Civil Court, First Hall and which on the date of

entry into force of this Act are still pending and have

not become res judicata.

(4) Subject to sub-article (5), all causes pending

before the Court of Magistrates (Gozo) sitting in its

superior jurisdiction shall, on the entry into force of this

Act, be continued before the Civil Court, First Hall,

sitting in Gozo.

(5) The Court of Magistrates (Gozo) sitting in its

superior jurisdiction shall, notwithstanding the

provisions of this Act, remain competent to deal with

those causes of which it was seized before the coming

into force of this Act and which were put off for final

oral or written submissions or for judgment before the

entry into force of his Act. The Court of Magistrates

(Gozo) sitting in its superior jurisdiction shall continue

to take cognizance of such causes until they are

definitely decided by that court.

(6) Subject to sub-article (7), all causes instituted

in terms of the Companies Act and which are pending

before the Civil Court, First Hall and the Court of

Magistrates (Gozo) sitting in its superior jurisdiction,

on the entry into force of this Act, shall be continued

before the Civil Court (Commercial Section).

(7) The Civil Court, First Hall and the Court of

Magistrates (Gozo) sitting in its superior jurisdiction,

shall notwithstanding the provisions of this Act, remain

competent to deal with those cases of which it was

seized before the coming into force of this Act and

which were put off for final oral or written submissions

or for judgment before the entry into force of this Act.".

Article 41 of the Code shall be amended as follows

(a) sub-articles (2) to (7) thereof shall be re-numbered as

sub-articles (5) to (10) and sub-article (1) shall be substituted by

the following

"(1) The Court of Appeal shall consist of one or

more chambers.

(2) Where the Court of Appeal consists of one or

two chambers each chamber shall consist of the Chief

Justice and two other judges.

(3) Where the Court of Appeal consists of three or

more chambers, the third and other chambers may each be

presided by a judge to be nominated upon the advice of the

Chief Justice.

(4) Each chamber of the Court of Appeal shall

exercise and have all powers as are by this Code or any

other law vested in the Court of Appeal.";

(b) sub-article (8) thereof as re-numbered shall be

substituted by the following

"(8) The Court of Appeal shall hear and determine

all appeals from judgments of the Civil Court, First Hall,

Civil Court, First Hall (Gozo), the Civil Court (Family

Section), the Civil Court (Family Section) (Gozo) and the

Civil Court (Commercial Section).";

(c) the words "in its inferior jurisdiction" in sub-article

(9) thereof, as re-numbered shall be deleted; and

(d) sub-article (10) thereof as re-numbered shall be

substituted by the following

"(10) Where the Court of Appeal is to hear appeals

from

- the Civil Court, First Hall (Gozo);

- the Civil Court (Family Section) (Gozo);

- the Court of Magistrates (Gozo);

- judgments or decisions of any board or

tribunal delivered by such board or tribunal when

sitting in Gozo,

it shall hold its sitting in the building of the

courts in Malta

Provided that the Minister responsible for

justice may, by regulations, provide for the Court of

Appeal to hold its sittings in the building of the

courts in Gozo;"; and

(e) immediately after sub-article (10) as re-numbered

and amended, there shall be added the following new sub-article

"(11) Where the Constitutional Court is to hear

appeals from the Civil Court, First Hall (Gozo) in its

constitutional competence, the Constitutional Court shall

hold its sitting in the building of the Courts of Justice in

Malta.".

Article 47 of the Code shall be substituted by the following

Substitution of

article 47 of the

Code.

47. (1) A magistrate shall sit in the Court of

Magistrates (Malta) and in the Court of Magistrates

(Gozo), and such court shall, as a court of First

Instance, hear and determine all claims of an amount

not exceeding fifteen thousand euro (€15, 000), against

persons residing or having their ordinary abode in any

part of the Island of Malta in the case of the Court of

Magistrates (Malta) and against persons residing or

having their ordinary abode in any part of the Islands of

Gozo and Comino in the case of the Court of

Magistrates (Gozo).

(2) Such court shall also take cognizance of all

other causes expressly assigned to it by law.

(3) Nevertheless, causes involving questions of

ownership of immovable property, or relating to

easements, burdens or other rights annexed to such

property, including any claim for the ejectment or

eviction from immovable property, whether urban or

rural, tenanted or occupied by persons residing or

having their ordinary abode within the limits of the

jurisdiction of such court, shall not fall within the

jurisdiction of the Court of Magistrates (Malta) and the

Court of Magistrates (Gozo) independently of the value

of the claim.".

Articles 50, 53, 54 and 56 of the Code shall be deleted.

The words "and in the Court of Magistrates (Gozo) in its

superior jurisdiction" in sub-article (1) of article 125 of the Code shall

be deleted.

The words "in its inferior jurisdiction" in articles 125 (2), 171

(1), 172 (1), 213, 228 (2), 571, 611 (1), 702 (1), 708, 837 (1), 848, 859,

865E, 940 and paragraph 43 of Tariff E of Schedule A of the Code

shall be deleted.

The words "or the Court of Magistrates (Gozo) in its superior

jurisdiction" in article 167 of the Code shall be deleted.

The words "is filed, and, in the case of the Court of

Magistrates (Gozo), an indication of the jurisdiction of the court;" in

paragraph (a) of sub-article (1) of article 174 of the Code shall be

substituted by the words "is filed".

The words "or in the Court of Magistrates (Gozo) in its

superior jurisdiction" in sub-article (1) in article 416 of the Code shall

be deleted.

The words "or the Court of Magistrates (Gozo) in its superior

jurisdiction, as the case may be" in article 437 of the Code shall be

deleted.

The words "or in the Court of Magistrates (Gozo) in its

superior jurisdiction, as the case may be" in article 461 of the Code

shall be deleted.

The words "or in the Court of Magistrates (Gozo) in its

superior jurisdiction" in article 462 of the Code shall be deleted.

Article 489 of the Code shall be deleted.

Deletion of

article 489 of

the Code.

The words "or of the Court of Magistrates (Gozo) in its Amendment of

article 613 of

superior jurisdiction" in article 613 of the Code shall be deleted.

the Code.

The words "and in the Court of Magistrates (Gozo) in its Amendment of

superior jurisdiction" in sub-article (1) of article 696 of the Code shall article

696 of

the Code.

be deleted.

The words "or in the Court of Magistrates (Gozo) in its Amendment of

superior jurisdiction" in sub-article (1) of article 712 of the Code shall article

712 of

the Code.

be deleted.

The words "or in the Court of Magistrates (Gozo) in its Amendment of

article 929 of

superior jurisdiction" in article 929 of the Code shall be deleted.

the Code.

The words "or to the Court of Magistrates (Gozo) in its Amendment of

superior jurisdiction" in the proviso to sub-article (3) of article 943 of article

943 of

the Code.

the Code shall be deleted.

Paragraph 39 of Tariff E of Schedule A of the Code shall be Deletion of

paragraph 39 of

deleted.

Tariff E of

Schedule A of

the Code.

The following consequential amendments shall be made to the Consequential

amendments.

following laws

(a) rule 2 of the Court of Appeal (Distribution of

Cases) Rules, shall be amended as follows

(i) the marginal note to rule 2 shall be

substituted with the following

"Distribution of cases before First,

Second and other chambers.";

(ii) the words "by the Second Chamber"

thereof shall be substituted by the words "by the

Second or other chambers";

(iii) in paragraph (b) thereof, the words "in

the Second Chamber" shall be substituted by the

words "in the Second or other chambers"; and

(iv) in paragraph (c) thereof, the words

"by the Gozo Court shall not be heard by the

Second Chamber" shall be substituted by the

words "by the Gozo Court and Civil Court

(Commercial Section) shall not be heard by the

Second or other chambers;";

(b) the Civil Court (Establishment of Sections)

Order shall be amended as follows

(i) order 2 thereof, shall be substituted by

the following

2. There shall be four sections

"Civil Court

to have four

in the Civil Court to which shall be

sections.

assigned, as provided by this Order,

the c a te gor y of ca se s, hithe r to

falling within the jurisdiction of the

Civil Court (First Hall) and the Civil

Court (Second Hall), or as may be

assigned to the Civil Court by any

law.";

(ii) order 3 thereof, shall be substituted by

the following

3. The sections of the Civil

"Designatio

n of

Court shall be the Family Section,

sections.

the Voluntary Jurisdiction Section,

the Commercial Section and a

general jurisdiction to be styled the

First Hall of the Civil Court.";

(iii) immediately after order 5 thereof,

there shall be added the following new order 5A

5A. To

the

Civil

Court

"Assignment

of cases to

(Commercial Section) shall be

the Civil

Court

(Commercia assigned applications falling within

the competence of the Civil Court

l Section).

and which relate to matters regulated

by the Companies Act.";

(iv) order 6 shall be substituted with the

following

6. To the First Hall of the Civil

"Assignment

of cases to

Court shall be assigned all cases

the First

Hall of the

Civil Court. within the competence of the Civil

Court and not assigned to the Family

Section or the Voluntary Jurisdiction

Section or the Commercial Section.";

and

(v) order 9 thereof, shall be deleted;

(c) the Civil Court (Family Section), the First Hall

of the Civil Court and the Court of Magistrates (Gozo)

(Superior Jurisdiction) (Family Section) Regulations,

shall be amended as follows

(i) the title thereof, after the words "First

Hall of the Civil Court" there shall be added the

words ", the First Hall of the Civil Court (Gozo)"

and the words "the Court of Magistrates (Gozo)

(Superior Jurisdiction) (Family Section)" shall be

substituted with the words "the Civil Court

(Family Section) (Gozo)";

(ii) regulation 1 thereof shall be

substituted by the following

1. The

title

of

these

"Citation.

regulations is The Civil Court

(Family Section), the First Hall of

the Civil Court, the First Hall of

the Civil Court (Gozo) and the

Civil Court (Family Section)

(Gozo) Regulations.";

(iii) the words "the Court of Magistrates

(Gozo) (Superior Jurisdiction) (Family Section)"

in regulation 2 thereof shall be substituted by the

words "the Civil Court (Family Section) (Gozo)

and the Civil Court (Voluntary Jurisdiction

Section) (Gozo)";

(iv) the words "Civil Court (Family

Division), the Court of Magistrates (Gozo)

(Superior Jurisdiction) (Family Division) as the

case may be, each of such courts hereinafter in

this regulation called the "Court" in regulation 4

(1) thereof shall be substituted by the words

"Civil Court (Family Section), the Civil Court

(Family Section) (Gozo)";

(v) the words "Family Section of the Civil

Court or of the Court of Magistrates (Gozo)

(Superior Jurisdiction)" in regulation 6 (a) thereof

shall be substituted by the words "Civil Court

(Family Section) and the Civil Court (Family

Section) (Gozo)";

(vi) immediately after regulation 5

thereof, there shall be added the following new

regulation 5A

5A. To the Civil Court

"Assignmen

t of cases to

(Commercial Section) shall be

the Civil

Court

(Commerci a s s i g n e d a p p l i c a t i o n s f a l l i n g

al Section). within the competence of the Civil

Court and which relate to matters

regulated by the Companies Act.";

(vii) regulation 6 thereof shall be

substituted with the following

6. To the First Hall of the

"Assignme

nt of cases

to the First Civil Court shall be assigned all

Hall of the

cases within the competence of

Civil

the Civil Court and not assigned

Court.

to the Family Section or the

Voluntary Jurisdiction Section or

the Commercial Section."; and

(viii) regulation 9 thereof shall be deleted.

(d) paragraphs 6(3)(a) to (g) of the Civil Procedure

(Regulation of Registries, Archives and Functions of

Director General (Courts) and Other Court Executive

Officers) Regulations, shall be substituted by the

following

"(a) the Court of Appeal, in its superior

and inferior jurisdiction;

(b) the Civil Court (Gozo);

(c) the Court of Magistrates (Gozo);

(d) the Rent Regulation Board;

(e) the Rural Leases Control Board;

(f) Revising Officers appointed under the

General Elections Act;

(g) the Small Claims Tribunal; and

(h) any other court or tribunal, the judicial

acts, written pleadings and other documents

thereof shall, in terms of any law, be filed in the

Registry of the Civil Courts and Tribunals,

Gozo.";

(e) wherever a reference is made in any law to the

Court of Magistrates (Gozo) sitting in its superior

competence, that reference shall for all intents and

purposes of law be construed as a reference to the

competent section of the Civil Court;

(f) wherever a reference is made in any law to the

Court of Magistrates (Gozo) sitting in its inferior

competence, that reference shall for all intents and

purposes of law be construed as a reference to the Court

of Magistrates (Gozo).

The Criminal Code shall be amended as follows

(1)

Immediately after of article 370(4) thereof, there

shall be added the following new sub-article

"(4A) Notwithstanding the transitory provision made

in article 1(2) of the Criminal Code (Amendment) Act,

2015 (Act VIII of 2015), and without prejudice to the other

provisions of this article, the Court of Magistrates shall be

competent to hear and decide all cases concerning crimes

punishable with imprisonment not exceeding twelve years

which were pending before the said Court prior to the 17th

March 2015.".

(2)

In article 417(1) thereof, the words "by an

application to be filed within eight working days" shall be

substituted with the words "by an application to be filed within

twelve working days" and the words "and in the case of an

appeal from a judgment of the Court of Magistrates (Gozo),

within twelve working days" shall be deleted.

(3) In article 419(1) thereof, the words ", under pain of

nullity," shall be deleted.

(4) In article 499(4) thereof, the words "three working

days" shall be substituted by the words "five working days".

(5) (i) In article 520(1) thereof, the words "apply to

the courts of criminal justice:" shall be substituted by the words

"apply mutatis mutandis to the courts of criminal justice:".

(ii) Paragraph (c) of article 520(1) thereof, shall be

substituted by the following

"(c) sub-articles (4), (5) and (6) of article 143,

and articles 175 and 205;".

Passed by the House of Representatives at Sitting No. 68 of the 15th

January, 2018.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.26