ACT No. XXVII of 2021 AN ACT to amend the Code of Organization and 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:-
Statutory Text (4 Articles)
I assent.
(L.S.)
GEORGE VELLA
President
1st June, 2021
ACT No. XXVII of 2021
AN ACT to amend the Code of Organization and 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:-
The short title of this Act is the Code of Organization and Short title.
Civil Procedure (Amendment) Act, 2021 and this Act shall be read and
construed as one with the Code of Organization and Civil Procedure Cap. 12.
hereinafter referred to as "the Code".
Immediately after article 833B of the Code there shall be Addition of new
added the following new articles
833C.Where a judicial letter has been filed to render
bills of exchange or promissory notes executable in
accordance with the proviso to article 253(e) there may be
filed the precautionary warrants referred to in article
830(1)(a), (b) and (d)
Provided that, when such letter is filed to render
notes issued in
bills of exchange or promissory notes executable in
accordance with the proviso to article 253(e), the
applicant shall attach a copy of such letter in the acts of
the precautionary warrant, and such warrant shall conform
with the provisions of Title VI of Book Third of this
Code.
833D.Where a judicial letter has been filed in
accordance with article 466, there may be filed the
precautionary warrants referred to in article 830(1)(a), (b)
and (d)
466. Provided that, when such letter is filed in
accordance with article 466, the applicant shall attach a
copy of such letter in the acts of the precautionary
warrant, and such warrant shall conform with the
provisions of Title VI of Book Third of this Code.".
Sub-article (2) of article 838B of the Code shall be amended
by the following
(a) the words "when in accordance with article 166B
such judicial letter constitutes an executive title," shall be
substituted by the words "when in accordance with article 166B,
article 253(e) and article 466, such judicial letter, bill of
exchange or promissory note constitutes an executive title,"; and
(b) paragraph (a) thereof shall be substituted by the
following
"(a) in the case of a warrant issued under article
830(1)(b), (c), (d) and (f), the creditor shall file a note within
fifteen (15) days from when the executive title is obtained in
the acts of the same warrant and demand an extension or
reduction of the effects of the warrant to an amount
equivalent to the legal costs, interest and the principal
amount due in terms of the executive title obtained, and such
note is to be served upon the debtor and such persons as may
have any interest therein;".
Passed by the House of Representatives at Sitting No. 464 of the
24th May, 2021.
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
€0.36