MAINTENANCE ORDERS

M A I N T E N A NC E O R D E R S (FA C IL ITIES FO R EN FO RC EMEN T) [CAP. 48.

CHAPTER 48

MAINTENANCE ORDERS

(Facilities for Enforcement) ORDINANCE *

To facilitate the enforcement in Malta of Maintenance Orders made in

England or Northern Ireland or in other parts of Her Majesty’s Dominions

and vice versa. †

(8th April, 1921) ‡

Enacted by ORDINANCE V of 1921 as amended by Emergency

Ordinance XV of 1958; Ordinances: XXI of 1960 and XXV of 1962; Legal

Notice 46 of 1965; Act LVIII of 1974; Legal Notice 148 of 1975; Act XXIV

of 1995; and Legal Notice 181 of 2006.

This Ordinance may be cited as the Maintenance Orders

(Facilities for Enforcement) Ordinance.

For the purposes of this Ordinance -

(a) the expression "certified copy" in relation to an order

of a court means a copy of the order certified by the

proper officer of the court to be a true copy;

(b) the expression "dependants" means such persons as

that person is, according to the law in force in the part

of Her Majesty’s Dominions in which the maintenance

order was made, liable to maintain;

(c) the expression "maintenance order" means any

judgment or order for the periodical payment of sums

of money towards the maintenance of the wife or other

dependants of the person against whom the order is

made;

(d) the expression "prescribed" means prescribed by rules

of court.

*By article 18 of the Maintenance Orders (Reciprocal Enforcement) Act, Cap. 242,

this Ordinance was repealed. That article, however, was to come into force on a date

or dates to be fixed by notice in the Gazette. By three separate notices (L.N. 48 of

1975, L.N. 153 of 1977, and L.N. 44 of 1978) the said article 18 was brought into

force but only with respect to the United Kingdom of Great Britain and Northern

Ireland, the Commonwealth of Australia and Gibraltar. The Ordinance is therefore

still in force with respect to Bermuda.

Although, therefore, the Ordinance has been reproduced in its original form, as

amended, and still includes references to England, Northern Ireland and other parts of

H.M’s Dominions, these references are now to be construed as limited only to

Bermuda. Moreover, the Ordinance as a whole must be read in the light of the

foregoing.

†See Order-in-Council of the 27th of June, 1921 published in Malta by Government

Notice No. 199 of the 22nd of July, 1921

‡See Proclamation No. II of 1921.

CAP. 48.] M A INT E N A NC E O R DERS (FAC ILITIES FO R EN FO RC EMEN T)

Where a maintenance order has, whether before or after the

passing of this Ordinance, been made against any person by any

court in England or Northern Ireland or in any other part of Her

Majesty’s Dominions outside Malta to which this Ordinance

extends, and a certified copy of the order has been transmitted by

the Secretary of State or by the Governor of that part of Her

Majesty’s Dominions to the President of Malta, the President of

Malta shall send a copy of the order to the Registrar of Courts for

registration; and on receipt thereof the order shall be registered in

the prescribed manner, and shall, from the date of such registration,

be of the same force and effect, and, subject to the provisions of

this Ordinance, all proceedings may be taken on such order as if it

had been an order originally obtained in the Civil Court, First Hall,

and that court shall have power to enforce the order accordingly.

Where a court in Malta has, whether before or after the

commencement of this Ordinance, made a maintenance order

against any person, and it is proved to that court that the person

against whom the order was made is resident in England or

Northern Ireland or in some other part of Her Majesty’s Dominions

outside Malta to which this Ordinance extends, the court shall send

to the President of Malta for transmission to the Secretary of State

or to the Governor of that part of Her Majesty’s Dominions a

certified copy of the order.

(1) Where an application is made to a superior court in

Malta for a maintenance order against any person, and it is proved

that that person is resident in England or Northern Ireland or in any

other part of Her Majesty’s Dominions outside Malta to which this

Ordinance extends, the court may, in the absence of that person, if

after hearing the evidence it is satisfied of the justice of the

application, make any such order as it might have made if a sworn

application had been duly served on that person and he had failed to

appear at the hearing, but in such case the order shall be provisional

only, and shall have no effect unless and until confirmed by a

competent court in England or Northern Ireland or in such other

part of Her Majesty’s Dominions as aforesaid.

(2) The evidence of any witness who is examined on any such

application shall be put into writing, and such deposition shall be

read over to and signed by him, or, if he cannot sign, by the

Registrar of the Court.

(3) Where such an order is made, the court shall send to the

President of Malta for transmission to the Secretary of State or to

the Governor of such other part of Her Majesty’s Dominions, as the

case may be, the depositions so taken and a certified copy of the

order, together with a statement of the grounds on which the

making of the order might have been opposed if the person against

whom the order is made had been duly served with a sworn

application and had appeared at the hearing, and such other

information as the court possesses for facilitating the identification

of that person, and ascertaining his whereabouts.

(4) Where any such provisional order has come before a court

in England or Northern Ireland or in any other part of Her

M a j e s t y ’s D o m i n i o n s t o w h i c h t h i s O r d i n a n c e e x t e n d s f o r

M A I N T E N A NC E O R D E R S (FA C IL ITIES FO R EN FO RC EMEN T) [CAP. 48.

confirmation, and the order has by that court been remitted to the

court which made the order for the purpose of taking further

evidence, that court shall, after giving the prescribed notice to

applicant, proceed to take the evidence in like manner and subject

to like conditions as the evidence in support of the original

application. If, upon the hearing of such evidence, it appears to the

court that the order ought not to have been made, the court may

rescind the order, but in any other case the depositions shall be sent

to the President of Malta and dealt with in like manner as the

original depositions.

(5) The confirmation of an order made under this article shall

not affect the power of the court to vary or rescind that order

Provided that on the making of a varying or rescinding

order the court shall send a certified copy thereof to the President

of Malta for transmission to the Secretary of State or to the

Governor of such other part of Her Majesty’s Dominions, as the

case may be, and that, in the case of an order varying the original

order, the order shall not have any effect unless and until confirmed

in like manner as the original order.

(6) The applicant may appeal against a refusal to make a

provisional order by an application filed in the Court of Appeal

within ten days from such refusal and the provisions of this

Ordinance shall apply to that court for the purposes of such appeal.

(1) Where a maintenance order has been made by a court

in England or Ireland or in any other part of Her Majesty’s

Dominions to which this Ordinance extends, and the order is

provisional only and has no effect unless and until confirmed by a

court in Malta, and a certified copy of the order, together with the

depositions of witnesses and a statement of the grounds on which

the order might have been opposed has been transmitted to the

President of Malta, and it appears to the President of Malta that the

person against whom the order was made is resident in Malta, the

President of Malta may send the said documents to the Registrar of

Courts with a requisition that a sworn application be issued by the

Civil Court, First Hall, calling upon the person to show cause why

that order should not be confirmed, and upon receipt of such

documents and requisition, the court shall issue such a sworn

application and cause it to be served upon such person.

(2) A sworn application so issued may be served in Malta in the

same manner as if it has been originally issued by a court having

jurisdiction in the place where the person happens to be.

(3) At the hearing it shall be open to the person on whom the

sworn application was served to raise any defence which he might

have raised in the original proceedings had he been a party thereto,

but no other defence, and the certificate from the court which made

the provisional order stating the grounds on which the making of

the order might have been opposed if the person against whom the

order was made had been a party to the proceedings, shall be

conclusive evidence that those grounds are grounds on which

objection may be taken.

CAP. 48.] M A INT E N A NC E O R DERS (FAC ILITIES FO R EN FO RC EMEN T)

(4) If at the hearing the person served with the sworn

application does not appear, or, on appearing, fails to satisfy the

court that the order ought not to be confirmed, the court may

confirm the order either without any modification or with such

modifications as to the court, after hearing the evidence, may seem

just.

(5) If the person against whom the sworn application was

issued appears at the hearing and satisfies the court that, for the

purpose of any defence, it is necessary to remit the case to the court

which made the provisional order for the taking of any further

evidence, the court may so remit the case and adjourn the

proceedings for the purpose.

(6) Where a provisional order has been confirmed under this

article, it may be varied and rescinded in like manner as if it had

originally been made by the confirming court, and where, on an

application for rescission or variation, the court is satisfied that it is

necessary to remit the case to the court which made the order for

the purpose of taking any further evidence, the court may so remit

the case and adjourn the proceedings for the purpose.

(7) Where an order has been so confirmed, the person bound

thereby shall have the right to appeal against the confirmation of

the order by an application to be filed within ten days from the date

of such confirmation, to the Court of Appeal, and the provisions of

this Ordinance shall apply to that court for the purposes of such

appeal.

The President of Malta may make regulations as to the

manner in which a case can be remitted by a court authorized to

confirm a provisional order to the court which made the provisional

order, and generally for facilitating communications between such

courts.

(1) The court in which an order has been registered under

this Ordinance or by which an order has been confirmed under this

Ordinance, and the officers of such court, shall take all such steps

for enforcing the order as may be prescribed.

(2) Every such order shall be enforceable in like manner and

with the same means as if the order were one of the executive titles

mentioned in article 253 (a) of the Code of Organization and Civil

Procedure.

Subject to the provisions of this Ordinance the provisions

of the Code of Organization and Civil Procedure shall apply to

proceedings under this Ordinance and the power to make rules

under article 29 of that Code shall include the power to make rules

regulating the procedure of the court under this Ordinance * .

*See Government Notice No. 422 of the 28th of October, 1927.

M A I N T E N A NC E O R D E R S (FA C IL ITIES FO R EN FO RC EMEN T) [CAP. 48.

Any document purporting to be signed by a judge or officer

of a court outside Malta shall, until the contrary is proved, be

deemed to have been so signed without proof of the signature or of

the judicial or official character of the person appearing to have

signed it, and the officer of a court by whom a document is signed

shall, until the contrary is proved, be deemed to have been the

proper officer of the court to sign the document.

Depositions taken for the purposes of this Ordinance in a

court in England or Northern Ireland or in another part of Her

Majesty’s Dominions to which this Ordinance extends may be

received in evidence in proceedings before the court under this

Ordinance.

(1) Where the President of Malta is satisfied that

reciprocal provisions have been made by the legislature of any part

of Her Majesty’s Dominions outside Malta for the enforcement

within that part of maintenance orders made by the court of Malta,

the President of Malta may by proclamation extend this Ordinance

to that part, and thereupon that part shall become a part of Her

Majesty’s Dominions to which this Ordinance extends.

(2) The President of Malta may by proclamation extend this

Ordinance to any British Protectorate, and when so extended this

Ordinance shall apply as if any such Protectorate was a part of Her

Majesty’s Dominions to which this Ordinance extends.

(1) The President of Malta may by order -

(a) name a person in lieu of himself as the person by

whom maintenance orders may be transmitted to, and

to whom maintenance orders may be transmitted by,

the Governor of any part of Her Majesty’s Dominions

outside England and Northern Ireland named in the

order (or, where there is in force an order under this

article naming a person in lieu of the Governor of that

part of Her Majesty’s Dominions as aforesaid, that

person); and

(b) name a person, in lieu of the Governor of any part of

Her Majesty’s Dominions outside England and

Northern Ireland named in the order, as the person to

whom maintenance orders may be transmitted by, and

by whom maintenance orders may be transmitted to,

the President of Malta (or, where there is in force in

respect of that part of Her Majesty’s Dominions as

aforesaid an order under paragraph (a) of this

subarticle, the officer named in that order).

(2) An order under subarticle (1) may name a person by

reference to the public office which he holds and such an order

shall be deemed to name all persons successively holding that

office while the order remains in force and shall be of force

accordingly.

(3) Any person purporting to act in any office by reference to

which a person is named in an order under this article shall be

presumed duly to hold that office until the contrary is proved.

CAP. 48.] M A INT E N A NC E O R DERS (FAC ILITIES FO R EN FO RC EMEN T)

(4)

(a) Any maintenance order transmitted by or to a person

named in an order under article (1)(a) shall for the

purposes of this Ordinance be deemed to have been

transmitted to or by the President of Malta, and

(b) any maintenance order transmitted by or to a person

named in an order under article (1)(b) shall for the

purposes of this Ordinance be deemed to have been

transmitted to or by the Governor of that part of Her

Majesty’s Dominions outside England and Northern

Ireland named in that order.

(5) In this article the term "maintenance order" includes a

provisional maintenance order.