ACT No. XLIII of 2018 AN ACT to amend the Civil Code, Cap. 16 and the Public Registry Act, Cap. 56, to provide for the possibility of relocation of the offices of the Public Registry in Malta and Gozo.

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

18th December, 2018

ACT No. XLIII of 2018

AN ACT to amend the Civil Code, Cap. 16 and the Public Registry

Act, Cap. 56, to provide for the possibility of relocation of the offices

of the Public Registry in Malta and Gozo.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this Parliament assembled,

and by the authority of the same as follows:-

The short title of this Act is the Various Laws (Relocation of

Offices and Notification by Electronic Means) (Amendment) Act,

2018. PART I

Amendments to the Civil Code

This Part amends the Civil Code, and it shall be read and

construed as one with the Civil Code, hereinafter in this part referred

to as ''the Code''.

In sub-article (3) of article 239 of the Code for the words "in Amendment of

the Electronic Commerce Act." there shall be substituted the words "in article

the Code.

Regulation (EU) No. 910/2014 of the European Parliament and of the

Council of 23 July 2014 on electronic identification and trust services

for electronic transactions in the internal market.".

In sub-article (1) of article 251 of the Code for the words "as Amendment of

defined in the Electronic Commerce Act," there shall be substituted the article

the Code.

words "as defined in Regulation (EU) No. 910/2014 of the European

Parliament and of the Council of 23 July 2014 on electronic

identification and trust services for electronic transactions in the

internal market,".

In sub-article (1) of article 252 of the Code for the words "as Amendment of

defined in the Electronic Commerce Act," there shall be substituted the article

the Code.

words "signed as defined in Regulation (EU) No. 910/2014 of the

European Parliament and of the Council of 23 July 2014 on electronic

identification and trust services for electronic transactions in the

internal market,".

In article 274 of the Code, immediately after the words "by Amendment of

the person giving notice" there shall be added the words "by electronic article

the Code.

means".

In article 276 of the Code for the words "the said particulars." Amendment of

there shall be substituted the words "the said particulars:" and article

the Code.

immediately thereafter there shall be added the following new

provisos

"Provided that in the case where such notice is given by

electronic means by the parents of the child, the officer shall not

require the parents to attend his office to make the declaration

respecting the said particulars

Provided further that, notwithstanding anything found in this

article, the officer may, in any case as he deems fit, require the parents

to attend his office.".

In sub-article (1) of article 282 of the Code for the words Amendment of

"drawing up the act." there shall be substituted the words "drawing up article

the Code.

the act:" and immediately thereafter there shall be added the following

new proviso

"Provided that in the case that the said particulars are given

by electronic means, this sub-article shall not apply.".

In sub-article (2) of article 285 of the Code for the words "to Amendment of

the officer charged with the drawing up of the acts of birth in Valletta" article

the Code.

there shall be substituted the words "to the officer charged with the

drawing up of the acts of birth in Malta".

Article 296 of the Code shall be amended as follows

(a) in sub-article (1) thereof for the words "in the

Electronic Commerce Act," there shall be substituted the words

"in Regulation (EU) No. 910/2014 of the European Parliament

and of the Council of 23 July 2014 on electronic identification

and trust services for electronic transactions in the internal

market,"; and

(b) in sub-article (2) thereof for the words "above-

mentioned." there shall be substituted the words "above-

mentioned or such notice may be delivered by electronic

means.".

In article 297 of the Code for the words "to give notice of such

death." there shall be substituted the words "to give notice of such

death:" and immediately thereafter there shall be added the following

new proviso

"Provided that such notice may be given either by its delivery,

by any person, to the officer referred to in article 296(1) or by it being

delivered by electronic means.".

Sub-article (2) of article 304 of the Code shall be substituted

by the following

''(2) Upon the arrival of such vessel in Malta, the

Authority for Transport in Malta shall transmit a copy of such

entry to the officer in charge with the drawing up of the acts of

death in Malta, who shall forthwith draw up the act of death of

such person

Provided that such notice may also be delivered by

electronic means.''.

PART II

Amendments to the Public Registry Act

This Part amends the Public Registry Act, and it shall be read

and construed as one with the Public Registry Act, hereinafter in this

part referred to as ''the principal Act''.

In article 2 of the principal Act, for the words ''a Public

Registry Office in the city of Valletta (Malta) and another in the city of

Victoria (Gozo)'' there shall be substituted the words ''a Public

Registry Office in Malta and another in Gozo''.

In sub-article (2) of article 3 of the principal Act, for the Amendment of

words ''In the Public Registry Office of Valletta (Malta)'' there shall be article

principal Act.

substituted the words ''The Public Registry Office of Malta''.

Article 4 of the principal Act shall be amended as follows

Amendment of

article 4 of the

principal Act.

(a) in sub-article (1) thereof, for the words "In the office of

Valletta (Malta)" there shall be substituted the words "In the office of

Malta";

(b) in sub-article (2) thereof, for the words "in the said office of

Valletta (Malta)" there shall be substituted the words "in the said office

of Malta";

(c) in sub-article (3) thereof, for the words "In the office of

Victoria (Gozo)" there shall be substituted the words "In the office of

Gozo"; and

(d) in sub-article (4) thereof, for the words "There shall also be

made in the said office of Victoria (Gozo)" there shall be substituted

the words "There shall also be made in the said office of Gozo".

Article 25 of the principal Act shall be amended as follows

Amendment of

article 25 of the

principal Act.

(a) in sub-article (1) thereof for the words ''The Director

of the Victoria (Gozo) office shall transmit to the Director of the

Valletta (Malta) office'' there shall be substituted the words ''The

Director of the Gozo office shall transmit to the Director of the

Malta office'' and for the words ''shall have been entered in the

Victoria (Gozo) office'' there shall be substituted the words ''shall

have been entered in the Gozo office''; and

(b) in sub-article (3) thereof for the words ''The Director

of the Victoria (Gozo) office shall also transmit to the Director of

the Valletta (Malta) office'' there shall be substituted the words

''The Director of the Gozo office shall also transmit to the

Director of the Malta office''.

Article 29 of the principal Act shall be amended as follows

Amendment of

article 29 of the

principal Act.

(a) in sub-article (1) thereof for the words ''The Director

of the Valletta (Malta) Office shall mention, separately, in the

certificates given out by him under the provisions of the

foregoing articles, the entries made in the Victoria (Gozo)

Office'' there shall be substituted the words ''The Director of the

Malta Office shall mention, separately, in the certificates given

out by him under the provisions of the foregoing articles, the

entries made in the Gozo Office''; and

(b) sub-article (2) thereof shall be substituted by the

following

''(2) The Director of the Gozo Office shall in all

cases include in his certificate a statement as to the

possibility of the existence of entries in the Malta Office

under the name of the individual designated in the

application.''.

Passed by the House of Representatives at Sitting No. 181 of the

12th December, 2018.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54