396 tal-2003 - Ordni tal-2003 dwar it-Twaqqif ta’ Sezzjonijiet tal-Qrati Ċivili

L.N. 396 of 2003

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

The Civil Courts (Establishment of Sections) Order, 2003.

In virtue of the powers conferred by article 2 of the Code of

Organisation and Civil Procedure the President of Malta has made the

following Order>

(1) This Order may be cited as the Civil Court (Establishment Citation

and coming into

of Sections) Order 2003.

force.

(2) This Order shall come into force on the 16th December,

2003.

There shall be three sections in the Civil Court to which shall Civil Court

to have three

be assigned, as provided by this Order, the category of cases, hitherto Sections.

falling within the jurisdiction of the Civil Court (First Hall) and the

Civil Court (Second Hall), or as may be assigned to the Civil Court by

any law.

The sections of the Civil Court shall be the Family Section, Designation

the Voluntary Jurisdiction Section and the General Jurisdiction Section. of

Sections.

To the Civil Court (Family Section) shall be assigned those Assignment of cases

cases falling within the competence of the Civil Court and which relate of

(Family Section).

to matters regulated by>

(a)

Titles I, II and IV of Book First the Civil Code<

Cap 16.

(b) the Maintenance Orders (Facilities for Enforcement) Cap 48.

Ordinance<

(c) The Maintenance Orders (Reciprocal Enforcement) Act< Cap 242.

(d) The Marriage Act< and

Cap 255.

Cap 410.

(e)

The Child Abduction and Child Custody Act.

To the Civil Court (Voluntary Jurisdiction Section) shall be

assigned applications falling within the Competence of the Civil Court

Jurisdiction Section)

and which relate to matters regulated by>

(a)

Titles III, V, VI and VII of Book First of the Civil Code<

and

(b) Part II of Book Second of the Code of Organisation and

Civil Procedure.

To the Civil Court (General Jurisdiction Section) shall be

assigned all cases within the competence of the Civil Court and not

assigned to the Family Section or the Voluntary Jurisdiction Section.

Subject to any rules of court or to any regulation, cases shall

be assigned to the different sections of the Civil Court by the Registrar

in accordance with the category to which the case refers.

Where any dispute arises as to whether a case should be

assigned to one section or another of the Civil Court, or where a case

Section in particular

involves more than one category falling to be assigned to different

sections of the Civil Court, the matter shall be referred to the Chief

Justice who shall, in camera, determine the section to which the case

shall be assigned. The determination by the Chief Justice shall be

registered in the records of the case and shall be final.

Without prejudice to the provisions of article 54 of the Code

of Organisation and Civil Procedure there shall be in the Court of

Magistrates (Gozo), in its Superior Jurisdiction, two Sections to be styled

respectively “The Family Section” and “The General Jurisdiction

Section”. To the Family Section shall be assigned cases falling within

the competence of that Court in its Superior Jurisdiction and which are

regulated by the provisions referred to in paragraphs (a) to (e) of article

4 of this Order, and to the General Jurisdiction Sections shall be assigned

cases falling within the competence of the said Court in its Superior

Jurisdiction which are not assigned to the Family Section or to which

the said article 54 of the said Code does not apply. Articles 7 and 9 of

this Order shall mutatis mutandis apply with respect to cases falling

within the competence of the said Court in its Superior Jurisdiction

with regard to the assignment of cases to the various Sections.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press