ACT No. XL of 2025 AN ACT to amend the Small Claims Tribunal Act, Cap. 380.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

18th December, 2025

ACT No. XL of 2025

AN ACT to amend the Small Claims Tribunal Act, Cap. 380.

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:-

(1) The short title of this Act is the Small Claims Tribunal

commencement.

(Amendment) Act, 2025 and this Act shall be read and construed as

one with the Small Claims Tribunal Act, hereinafter referred to as the

"principal Act".

(2) This Act shall come into force on such date or dates as the

Minister responsible for justice may, by notice in the Gazette, establish

and different dates may be so established for different provisions and, or

purposes of this Act.

In article 3 of the principal Act, the words "five thousand euro

(€5,000)", wherever they occur, shall be substituted by the words "ten

thousand euro (€10,000)".

In sub-article (5) of article 4 of the principal Act the words

"Adjudicators shall be appointed for a term of five years and, on the

lapse of their term, they shall not be eligible for re-appointment:" shall

be substituted by the words "Adjudicators shall be appointed for a term

of five (5) years and shall be eligible to be reappointed for a further term

of five (5) years:".

Sub-article (1) of article 7 of the principal Act shall be Amendment of

substituted by the following new sub-article

"(1) The Tribunal shall determine any claim or

counter-claim before it in accordance with the law

Provided that any claim or counter-claim of a

value of less than five thousand euro (€5,000) shall be

decided principally according to equity so that if in a

case any claim or counter-claim exceeds the value of

five thousand euro (€5,000), all claims and counter-

claims in the same case shall be decided in accordance

with the law

Provided further that in any case, any question

of prescription shall be determined in accordance with

the law.".

Article 9 of the principal Act shall be amended as follows

(a)

sub-article (2) thereof shall be amended as follows

(i) in paragraph (a) thereof the words "shall ensure

that a case is" shall be substituted by the words "shall,

where a sitting is held, ensure that a case is";

(ii) in paragraph (b) thereof the words "he shall

inform himself" shall be substituted by the words "shall,

subject to the duty to act fairly, inform himself";

(iii) in paragraph (c) the words "he shall refrain"

shall be substituted by the words "shall refrain"; and

(b) immediately after sub-article (3) thereof there shall

be added the following new sub-article

"(4) Without prejudice to the provisions of this article,

an adjudicator shall in all cases endeavour to receive

evidence, proof and submissions through written

procedures in such a manner as to avoid the holding of

sittings. When sittings are required, the adjudicator shall

firstly seek to hold such sittings through video

conferencing facilities or other online means.".

In sub-article (3) of article 10 of the principal Act the words Amendment of

"two hundred and thirty-two euro and ninety-four cents (232.94)" shall article

be substituted by the words "two hundred and fifty euro (€250)".

(1) The provisions of this Act shall apply in respect of cases

filed after the coming into force of this Act provided that an

adjudicator may also apply the provisions of article 9(4) of the

principal Act to cases which are pending in the Small Claims Tribunal

at the time of the said coming into force.

(2) Cases filed in the Court of Magistrates before the coming into

force of this Act shall remain within the competence of the said Court.

Passed by the House of Representatives at Sitting No. 422 of the

16th December, 2025.

DAVID AGIUS

Deputy Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.36