ACT No. XXXVIII of 2021 AN ACT to amend the Land Registration Act, Cap. 296.

I assent.

(L.S.)

GEORGE VELLA

President

6th July, 2021

ACT No. XXXVIII of 2021

AN ACT to amend the Land Registration Act, Cap. 296.

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 Land Registration

(Amendment) Act, 2021 and this Act shall be read and construed as

one with the Land Registration Act, hereinafter referred to as "the

principal Act".

In sub-article (2) of article 12 of the principal Act, the words

"The registrar may" shall be substituted by the words "Without

prejudice to the provisions of article 17(3), the registrar may".

In sub-article (2) of article 14 of the principal Act, the words

"The registrar may" shall be substituted by the words "Without

prejudice to the provisions of article 17(3), the registrar may".

Immediately after article 16A of the principal Act there shall

be added the following new article

" Power of

(1) In addition to any other powers that the

deregistration.

Minister has under articles 10, 15 and 16, as well as

under any provision of this Act, the Minister shall have

the power to cancel an order which has been given under

articles 10, 15 and 16 of this Act, with effect from the

date on which the order for cancellation is published in

the Gazette.

(2) Where an order for cancellation is made as

provided in sub-article (1), all such registrations made by

virtue of the cancelled order shall be deemed cancelled

and ineffective, except for those registrations that led to a

guaranteed title in accordance with articles 21 to 25 of

this Act, both articles included.

(3) Any caution, hypothec, privilege or other right

in connection with a registration cancelled in accordance

with sub-article (2) shall also be deemed to be cancelled

and ineffective.".

Immediately after sub-article (2) of article 17 of the principal Amendment of

5. Act, there shall be added the following new sub-article

"(3) No land may be registered under this article if such

land is subject to a cancellation order issued in accordance with

article 16B.".

Immediately after article 51 of the principal Act there shall be Addition of new

6. added the following new article

51A. (1) Notwithstanding any other provision of this

Act, the State Advocate shall have the right and interest to

bring an action for the purpose of impugning any

registration made under any provision of this Act, and

which has not been made under or has given rise to a

guaranteed title, where

(a) such registration has been made in

violation of any requirement of this Act, or of any

other law;

(b) such registration has been made in

accordance with an application containing incorrect

information or information which should not have

led to the registration of the title;

(c) it results that the person in whose favour

the registration was made kept hidden from the

registrar facts or information which were relevant to

the examination to be conducted by the registrar in

accordance with article 18 of this Act.

(2) The fact that the application which gave rise to

the registration has been received and accepted by the

registrar shall not hinder this action.

(3) The State Advocate may exercise this action by

means of a sworn application to be filed in the Civil

Court, First Hall, at any time after the registration to be

impugned has been made, which sworn application shall

be filed against the registrar and the person in whose

favour the impugned registration has been made.

(4) An action filed under this provision shall be

heard and decided in accordance with the applicable

provisions of the Code of Organization and Civil

Procedure.

(5) Where the court decides that the registration

s hall be revoked, the registra r shall cancel such

registration by not later than twenty (20) days from the

date on which the decision becomes final.

(6) The right of action granted to the State Advocate

under this provision shall be without prejudice to any

other right which third parties may have, both under this

Act as well as under any other law, to protect their rights

against any registration made in accordance with the

provisions of this Act.".

Passed by the House of Representatives at Sitting No. 482 of the

30th June 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36