LEGAL AND OTHER TIME PERIODS (SUSPENSION AND INTERRUPTION) ACT

LEGAL AND OTHER TIME PERIODS

(SUSPENSION AND INTERRUPTION)

CHAPTER 609

LEGAL AND OTHER TIME PERIODS (SUSPENSION

AND INTERRUPTION) ACT

AN ACT to provide for the suspension or interruption of legal and other

time periods in the context of a public health emergency and to make provision

and to provide for matters ancillary or incidental thereto or connected

therewith.

2nd April, 2020

ACT XIII of 2020.

The short title of this Act is the Legal and Other Time

Periods (Suspension and Interruption) Act.

In this Act, unless the context otherwise requires

"court" means any of the courts of justice and shall refer

to the superior courts and the inferior courts including appellate

courts irrespective of their competence or jurisdiction, and

includes any tribunal or body established by law which operates

from the building of the Courts of Justice in Valletta, and any

boards, commissions, committees or other entities which

operate from the building of the Courts of Justice before which

any proceedings are heard or procedures undertaken and shall

include such other tribunals or bodies constituted by law which

the Minister may prescribe;

"Minister" means the minister responsible for justice;

"Registry" means the registry of any court;

"Superintendent" shall have the same meaning as

assigned to it in the Public Health Act.

(1)

Where, by virtue of the powers conferred to the

Superintendent under articles 26 or 27 of the Public Health Act, the

Superintendent issues an order for the closure of

(a)

any court;

(b)

the registry of any court;

(c)

any government department;

(d)

any office of any public authority;

(e)

any other entity constituted by law; or

(f)

any other office that provides a service to the

public,

LEGAL AND OTHER TIME PERIODS

(SUSPENSION AND INTERRUPTION)

and it appears to the Minister that the closure of any or all of the

entities, departments or offices listed in paragraphs (a) to (f) above,

may have a prejudicial consequence as a result of the continued

running of time periods prescribed by any law or in any contract

during such closure, the Minister may, notwithstanding the provisions

of any other law, make such regulations in connection with the running

of such times that may be deemed expedient in the circumstances.

(2)

Without prejudice to the generality of the orders that may be

made under sub-article (1), the Minister may by regulations prescribe

for the suspension or interruption of any time limits established

(a)

by or under any other substantive or procedural

law, including periods of prescription, and any time limits

whether peremptory or otherwise;

(b)

by any court of law, government department,

government agency or public authority; or

(c)

in any agreement whether resulting from a private

writing or public deed.

(3)

Any regulation issued pursuant to this article may be of such

application as the Minister may consider expedient in the

circumstances.

Regulations prescribed made by the Minister pursuant to the

powers conferred under article 3 may be issued with effect from a date

which is set out in the regulation including a date that pre-dates the

regulation by not more than one month.

The Minister may pursuant to the powers accorded under

article 3 make regulations for the purpose of regulating matters which

are consequential, incidental or ancillary to the suspension of any time.

The provisions of this Act shall be without prejudice to any

power of the Superintendent to issue orders suspending any legal,

contractual or other time limits in terms of the powers conferred upon

the Superintendent under the said Act and nothing in this Act shall be

construed as a limitation on such powers.

The subsidiary legislation made under the Public Health Act

in relation to the suspension of times shall continue in force and have

effect as if they were made under this Act.