ACT No. LXIII of 2021 AN ACT to amend the Notarial Profession and Notarial Archives Act, Cap. 55 and the National Archives Act, Cap. 477.

I assent.

(L.S.)

DOLORES CRISTINA

Acting President

19th November, 2021

ACT No. LXIII of 2021

AN ACT to amend the Notarial Profession and Notarial Archives

Act, Cap. 55 and the National Archives Act, Cap. 477.

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

consent of the House of Representatives, in the present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Archives Laws (Amendment) Short title.

Act, 2021.

PART I

AMENDMENTS TO THE NOTARIAL PROFESSION AND

NOTARIAL ARCHIVES ACT

This Part amends the Notarial Profession and Notarial Amendments to

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

Profession and

Profession and Notarial Archives Act, hereinafter referred to as "the Notarial

Archives Act.

principal Act".

In the proviso to paragraph (j) of article 12 of the principal Amendment of

Act, the words "in terms of article 43 and 43A thereof." shall be article

principal Act.

substituted by the words "in terms of article 43 and 43A thereof;" and

immediately thereafter there shall be added the following new

paragraph

"(k) which, being a contract of purchase or sale of

immovable property, is paid in cash in whole or in part

by or on behalf of the parties to the contract, where the

sum of such payment amounts to ten thousand euro

(€10,000) or more, or its equivalent in any other

currency

Provided that, for the purposes of paragraph (k),

the terms "cash" and "immovable property" mean the

same as the meaning assigned to them in the Use of Cash

(Restriction) Regulations.".

In the first proviso to paragraph (a) of sub-article (1) of article

14 of the principal Act, the words "as a Notary Public." shall be

substituted by the words "as a Notary Public:" and immediately

thereafter there shall be added the following new proviso

"Provided also that a notary who is in full-time employment

before the 27th July, 2021 shall have until 1st June, 2024 in order

to regularise his position in accordance with this sub-article.

Notarial acts received and drawn up by a notary who is in full-time

employment before 1st June, 2024 shall be considered valid;".

Article 18 of the principal Act shall be amended as follows

(a) the words "deeds and registers of former notaries to

Government", shall be substituted by the words "deeds of former

notaries to Government", and the words "and of the notarial acts

and registers belonging to the Government" shall be substituted

by the words "and of the notarial acts belonging to the

Government";

(b)

paragraphs (a), (b) and (c) of the proviso thereof,

shall be renumbered as (b), (c), and (d) respectively; and

(c)

in the proviso thereof, there shall be added the

following new paragraph

"(a) the National Archivist appointed in

accordance with the National Archives Act shall be

the ex officio curator of the notarial registers of those

notaries who were Government notaries in Malta and

Gozo, and of the notarial registers belonging to the

Government, or which are privately owned but, for

one reason or another, do not have a conservator or

delegated notary or when such registers are seized for

a good reason contemplated in this Act;".

Paragraph (d) of article 97 of the principal Act shall be Amendment of

Paragraph (d) of article 98 of the principal Act shall be Amendment of

Immediately after article 98 of the principal Act, there shall Addition of new

be added the following new article

98A. All registers of notarial deeds received by

notaries residing in Malta and Gozo or Comino when

such registers belong to the Government, or are privately

owned but, for one reason or another, do not have a

conservator or delegated notary, or when such registers

are seized from the hands of such notaries for a good

reason contemplated in this Act they shall be deposited

in the National Archives of Malta

Provided that the Chief Notary to Government

may inspect and take copies of the registries at all times

and free of charge.".

Article 131 of the principal Act shall be amended by the Amendment of

(a) sub-articles (5) and (6) thereof shall be renumbered

as sub-articles (6) and (7); and

(b) immediately after sub-article (4) thereof there shall

be added the following new sub-article

"(5) A notary who breaches the provisions of article

12(k) shall incur an administrative penalty, for each breach,

of not less than five hundred euro (€500) and not more than

five thousand euro (€5,000).".

PART II

AMENDMENTS TO THE NATIONAL ARCHIVES ACT

This Part amends the National Archives Act and shall be read

and construed as one with the National Archives Act, hereinafter

referred to as the "principal Act".

Immediately after sub-article (3) of article 9 of the principal

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

"(4) In the event that the National Archivist

is requested to inspect or issue a copy of the

register of a public will deposited in the National

Archives, the provisions of the Notarial Profession

and Notarial Archives Act shall mutatis mutandis

apply.".

Immediately after paragraph 3 of the Second Schedule to the

principal Act, there shall be added the following new paragraph

"4. All registers of notarial deeds received by notaries

residing in Malta and Gozo or Comino when these registers

belong to the Government, or are privately owned but, for one

reason or another, do not have a conservator or delegated notary,

or when such registers are seized from the hands of such notaries

for a good cause contemplated in this Act, shall be preserved in a

repository of archives falling under the responsibility of the

National Archives

Provided that all registers of notarial deeds received

by notaries residing in Gozo or Comino shall be deposited in the

Gozo section of the National Archives.".

Passed by the House of Representatives at Sitting No. 520 of the

16th November, 2021.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36