ACT No. LXI of 2020 AN ACT to amend the Notarial Profession and Notarial Archives Act, Cap. 55., and various laws in connection with gender equality in the drafting of public deeds and to provide for related and ancillary provisions.

I assent.

(L.S.)

GEORGE VELLA

President

22nd December, 2020

ACT No. LXI of 2020

AN ACT to amend the Notarial Profession and Notarial Archives

Act, Cap. 55., and various laws in connection with gender equality in

the drafting of public deeds and to provide for related and ancillary

provisions.

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:-

The short title of this Act is the Notarial Professions and

Notarial Archives and Various Laws (Amendment) Act, 2020.

PART I

Amendments to the Code of Organization and Civil Procedure

This Part amends the Code of Organization and Civil

Procedure and it shall be read and construed as one with the Code of

Organization and Civil Procedure, hereinafter in this Part referred to as

"the Code".

Paragraph (b) of article 529 of the Code shall be substituted

by the following new paragraph

"(b) the personal details of the testator, as listed in

article 2042 (a) and (b) of the Civil Code;".

PART II

Amendment to the Civil Code

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".

Article 2042 of the Code shall be amended as follows

Amendment of

article 2042 of

the Code.

(a)

paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) with regard to the creditor

(i) his name, current surname, and surname

at birth, where the surname at birth differs from the

current surname;

(ii) his legally valid identification document

number written in figures only, and where the person

is not eligible to hold a legally valid identification

document, the number as appearing in another

document of identification;

(iii) his place and date of birth;

(iv) his place of residence;

(v) whether he is single; married; in a civil

union; in a cohabitation; separated; divorced;

annulled; or widowed; and

(vi) the name, current surname, and surname

at birth of his parents

Provided that the Director of the Public

Registry may, in his discretion, accept notes solely in those

instances where it is manifestly impossible to identify any

of the details

Provided further that the Director of the Public

Registry shall have the right to request the presentation of

other particulars which, in the opinion of the Director,

serve to identify the creditor, or any detail, with the

assistance or application of those listed, which the Minister

may, from time to time, indicate by means of regulations.";

and

(b)

paragraph (b) thereof shall be substituted by the

following new paragraph

"(b) with regard to the debtor

(i) his name, current surname, and surname

at birth, where the surname at birth differs from the

current surname;

(ii) his legally valid identification document

number written in figures only, and where the person

is not eligible to hold a legally valid identification

document, the number as appearing in another

document of identification;

(iii) his place and date of birth;

(iv) his place of residence;

(v) whether he is single; married; in a civil

union; in a cohabitation; separated; divorced;

annulled; or widowed; and

(vi) the name, current surname, and surname

at birth of his parents

Provided that the Director of the Public

Registry may, in his discretion, accept notes solely in those

instances where it is manifestly impossible to identify any

of the details

Provided further that the Director of the Public

Registry shall have the right to request the presentation of

other particulars which, in the opinion of the Director,

serve to identify the debtor, or any detail, with the

assistance or application of those listed, which the Minister

may, from time to time, indicate by means of regulations;".

PART III

Amendments to the Notarial Professions and Notarial Archives Act

This Part amends the Notarial Professions and Notarial

Archives Act and it shall be read and construed as one with the

Notarial Professions and Notarial Archives Act, hereinafter in this Part

referred to as "the principal Act".

Paragraph (c) of sub-article (1) of article 28 of the principal

Act shall be amended as follows

(a) sub-paragraph (i) thereof shall be substituted by the

following new sub-paragraph

"(i) the personal details of the parties, as listed in

article 2042 (a) and (b) of the Civil Code

Provided that the date of birth may be written in

figures only, and if the full address is included in the

deed, such address may also contain figures only;"; and

(b) sub-paragraph (ii) thereof shall be substituted by the

following new sub-paragraph

"(ii) where the place or date of birth of any of the

parties is unknown to the notary or where any of the parties

is born of an unknown parent, or where the surname at

birth of the parents is unknown to the notary or cannot with

the exercise of reasonable diligence be ascertained by him,

a statement of such fact in the act shall be sufficient;".

Paragraph (e) of sub-article (2) of article 32 of the principal Amendment of

article 32 of the

Act shall be substituted by the following new paragraph

principal Act.

"(e) the personal details of the testator, as listed in

article 2042 (a) and (b) of the Civil Code;".

PART IV

Amendments to the Public Registry Act

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

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

Registry Act.

Part referred to as "the principal Act".

Article 6 of the principal Act shall be substituted by the Substitution of

article 6 of the

following new article

principal Act.

6. When the particulars which, according to article

particulars are

2042 of the Civil Code must be stated in the note have not

been stated for the reasons specified in the said article,

there shall be stated in the note that such particulars are

unknown

Provided that this shall be without prejudice to

the provision of the said article as to the insertion in the

note of other individual particulars capable of

establishing the identity.".

Article 8 of the principal Act shall be amended as follows

Amendment of

article 8 of the

principal Act.

(a)

sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) The note of enrolment shall contain the

particulars of the parties in accordance with article 2042

of the Civil Code, the date and nature of the act, an

indication of the thing to which the act refers as provided

in the last preceding article, together with an indication of

the value in the case of acts in which such value cam be

determined:" and immediately thereafter there shall be

added the following new proviso

"Provided that this shall be without prejudice to

the provision of the said article as to the insertion in the

note of other individual particulars capable of establishing

the identity."; and

(b) in sub-article (2) thereof, immediately after the word

"testator" there shall be added the words "in accordance with

article 2042 of the Civil Code".

Passed by the House of Representatives at Sitting No. 411 of the

15th December, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54