WAR DAMAGE (REPEAL) ACT

WAR DAMAGE (REPEAL)

CHAPTER 289

WAR DAMAGE (REPEAL) ACT

To repeal the War Damage Ordinance, 1943, and to make provision for

matters consequential or incidental thereto or connected therewith.

(31st October, 1980) *

Enacted by ACT XXIX of 1980, as amended by Act XXIV of 1995.

This Act may be cited as the War Damage (Repeal) Act.

In this Act, unless the context otherwise requires -

"appointed day" † means the day appointed as such by the

Minister by notice in the Gazette, and different days may be so

appointed for different provisions or different purposes of this Act;

"Commission" means the War Damage Commission set up in

accordance with article 3 of the Ordinance;

"Minister" means the Minister responsible for justice, acting

after consultation with the Minister responsible for finance;

"Ordinance" means the War Damage Ordinance, 1943;

1943. "Secretary" means the person for the time being appointed under

the Ordinance as Secretary to the Commission.

(1) As soon as practicable after the coming into force of

this Act, the Secretary shall, in his capacity as Secretary, lodge in

the First Hall of the Civil Court such sums of money as according

to the records and past experience of the Commission will be

sufficient to meet each of the several claims pending before the

Commission immediately before the date of the coming into force

of this Act and which were not, on that date, barred by prescription.

(2) Such lodgement shall be made by separate schedules of

deposit for each of the claims aforesaid; and with respect to such

schedules the following provisions of this subarticle shall,

notwithstanding any other law, have effect

(a) where the original claimant, or any of the original

claimants, is dead or has assigned or otherwise

disposed of his rights under the Ordinance, or where

for any other reason the Secretary deems it expedient

so to act, any lodgement made under this subarticle

may be made in favour of any one or more of the heirs

or successors of the original claimant, or other person

claiming under him, in representation of all persons

having an interest in the moneys so lodged;

(b) the omission from the schedule of deposit of any one

or more persons having an interest in any part of the

moneys lodged under this article shall not invalidate or

otherwise affect the operation of any such lodgement;

* See Government Notice No. 602 of the 31st of October, 1980.

†The appointed day is the 15th of June, 1981. See Legal Notice 57 of 1981.

WAR DAMAGE (REPEAL)

but the rights of any such person shall,

notwithstanding such omission, remain unprejudiced;

(c) a schedule of deposit made under this article shall be

served only on persons who are named in the schedule

of deposit and who are ordinarily resident in Malta on

the day the schedule is filed in court; and if within

three months from such day the schedule cannot be

served on any of the persons aforesaid, either by

reason of absence or for any other reason, such person

shall, for the purposes of this article, be treated as if he

were not ordinarily resident in Malta.

(3) When all lodgements have been made, the Secretary shall

deal with the books, records, papers and other documents belonging

to or held by or on behalf of the Commission, in such manner as the

Minister may direct.

Without prejudice to anything lawfully done or omitted to

be done thereunder, and subject to the other provisions of this Act,

the War Damage Ordinance, 1943 is hereby repealed with effect

from the appointed day.

(1) Notwithstanding the repeal of the Ordinance all

moneys lodged in court under article 3, shall remain payable to the

persons who, but for such repeal, would have been entitled thereto

or to any part thereof; but all payments thereof shall be governed

exclusively by the provisions of this Act and shall be due subject to

the provisions of this Act.

(2) With respect to any moneys lodged as aforesaid, the

following provisions of this subarticle shall, notwithstanding any

other law, have effect

(a) all sums shall be paid or otherwise dealt with by the

Registrar of Courts only in accordance with directions

given by the Minister and signified by means of a note

filed in the registry of the superior courts by or on

behalf of the Attorney General;

(b) in giving any direction under paragraph (a) of this

subarticle the Minister shall

(i) in all cases, take into account the rights of any

person who appears to him to have an interest in

any part of the deposit as if the Ordinance had

not been repealed;

(ii) with respect to any claim relating to works

which are not completed on the date of the filing

of the relative schedule of deposit, exercise such

functions and enforce such requirements as

could have been exercised or enforced by the

Commission if the Ordinance had still been in

force and with respect to any claim, ensure that

no payment is made which could not have

lawfully been made by the Commission if the

Ordinance had still been in force; and

(iii) where any sum would, but for the repeal of the

WAR DAMAGE (REPEAL)

Ordinance, have been due to the Commission by

any person entitled to any part of the deposit,

deduct such sum from any moneys due to be paid

out of such deposit.

(3) On the expiration of the period applicable to the case as

provided in subarticle (4), any balances remaining unpaid, or

otherwise disposed of, out of any sums lodged under this article,

shall be forfeited in favour of the Government and shall be paid by

the Registrar of Courts into the Consolidated Fund in accordance

with directives given by the Minister by means of a note filed in the

registry of the superior courts by and on behalf of the Attorney

General.

(4)

The periods referred to in subarticle (3) are

(a) where payment is due for works completed before the

appointed day, two years after that day;

(b) where payment is due for works not completed or not

undertaken before the appointed day -

(i) six months after the appointed day, if the works

are not undertaken and continued in earnest or if

already undertaken they are not continued in

earnest within that period;

(ii) two years from the appointed day, if the works

are undertaken and continued in earnest or so

continued as aforesaid

Provided that if, having been undertaken and continued or

continued as aforesaid, the works are discontinued or not continued

with due diligence, the period referred to in subarticle (3) shall be

the period ending on the day certified by the Minister under his

hand to be the day on which the works were discontinued or not

continued with due diligence.

(5) Notwithstanding anything contained in the foregoing

provisions of this article -

(a) if on the expiration of two years after the appointed

day payment would, but for the provisions of sub-

article (3)(b)(ii), have been due, and the Minister is

satisfied that the works in respect of which such

payment would have been so due were completed

before the expiration of the period aforesaid, he may,

if he deems it equitable so to act, direct the payment to

be made as if the period had not expired;

(b) where the Minister is satisfied that any amount

deposited under article 3 is not sufficient to meet the

claim in respect of which such deposit is made, he may

direct the registrar to pay out of any balance remaining

unpaid or otherwise disposed of under this article such

sum or sums as he may deem necessary to meet the

claim aforesaid.

Notwithstanding the repeal of the Ordinance, all debts and

other rights which immediately before the appointed day were due

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or pertained to or were exercisable by the Commission shall, with

effect from the appointed day, become due or vest in and be

e x e r c i s a b l e b y t h e M i n i s t e r i n t h e s a m e m a n n e r, a s f a r a s

practicable, as if he were the Commission and the Ordinance had

not been repealed.

(1) No person shall have any claim under the Ordinance or

otherwise in respect of war damage as defined by the Ordinance

except as and to the extent provided by this Act.

(2) No action shall lie against the Minister or against the

Registrar of Courts in respect of anything done or omitted to be

done by them under this Act.