139 tal-2004 - Regolamenti tal-2004 dwar il-Proċedura Ċivili (Regolament tar-Reġistri, Arkivji u Funzjonijiet tad-Direttur Ġenerali tal-Qrati u ta’ Uffiċjali Eżekuttivi tal-Qorti Oħra)

L.N. 139 of 2004

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Civil Procedure (Regulation of Registries, Archives and

Functions of Director General (Courts) and Other Court

Executive Officers) Regulations, 2004

IN virtue of the powers conferred by articles 27, 28, 57, 58, 65,

66, 67, 69, 109 and 1009B of the Code of Organisation and Civil

Procedure, the Deputy Prime Minister and Minister for Justice and

Home Affairs, in concurrence with the Prime Minister and Minister

of Finance, has made the following regulations>-

(1) The title of these regulations is the Civil Procedure

(Regulation of Registries, Archives and Functions of Director

General (Courts) and Other Court Executive Officers) Regulations,

2004. (2) These regulations shall come into force on the 30th

day of March, 2004.

(1)

For the purposes of these regulations>

“Code” means the Code of Organization and Civil

Procedure< and

“corporate matters” includes the matters connected with>

(a) human resources, including, but not exclusively

related to, the recruitment, placement and dismissal of

personnel, matters related to discipline, leave, employment

and industrial relations, and the keeping of employment

records<

(b) finances, including but not exclusively related

to, the keeping of proper financial records, inventory

control, acquisitions and disposals and financial

procedures< and

(c) general administrative matters, including, but not

exclusively related to, the maintenance and improvement

of buildings and spaces within the Courts of Justice

Division, security matters, the maintenance of machinery,

information and communication technology, services

required by courts and tribunals, and the compiling of

statistics<

“tribunal” includes such tribunal, board or commission

established by law or such public officer whose office is

established by law which, in terms of the respective legislation

establishing such tribunals, boards, committees and public

offices, uses the services of a registry managed by the Director

General (Courts) or by the Director, Gozo Courts and Tribunals,

as the case may be.

(1) There shall continue to be in Malta a division of Courts of Justice

Division and

government styled “Courts of Justice Division” which shall be headed Functions of

Director General

by the Director General (Courts).

(Courts).

(2) The Director General (Courts) shall perform his

functions either personally or through any court executive officer

listed in paragraphs (a) and (c) to (n) (both inclusive) of sub-

regulation (2) of regulation 8 of these regulations.

(3) The Director General (Courts) shall be responsible

for the management and administration of the Courts of Justice

Division, including the registries, archives and other services. He

shall head the Courts of Justice Division and all court executive

officers performing duties in the Courts of Justice Division shall, in

the execution of their duties, take instruction from, and be answerable

to, the Director General (Courts).

(4) Saving the provisions of sub-regulation (2) of this

regulation, the Director General (Courts) shall be assisted in the

performance of his functions under sub-regulation (3) of this

regulation by>

(a) the Director, Civil Courts and Tribunals who shall

carry out the duties of Registrar of Civil Courts and Tribunals<

(b) the Director, Legal Services who shall be entrusted

with providing legal services to the Courts of Justice Division<

(c) the Director, Finance and Administration who shall

be responsible for administrative and corporate services of the

Courts of Justice Division.

(5) Without prejudice to sub-regulation (3) of this

regulation, the Director General (Courts) shall be responsible for

the management of all the space falling under the responsibility of

the Courts of Justice Division, including, but without prejudice to

the generality of the aforesaid, -

(a) halls used by courts, tribunals, judges, magistrates

and other persons<

(b)

office space<

(c)

meeting rooms< and

(d) other spaces within all the buildings managed by the

Courts of Justice Division.

(6) Whenever a court or tribunal requires for the

execution of its lawful functions the use of any space as aforesaid, it

shall, through the deputy registrar assigned to it or performing duties

therewith, request the use of such space to the Director General

(Courts) or to such officer whom the Director General (Courts) may

delegate for the purpose.

(7) Sittings which are not presided by judges and

magistrates shall be held, if there is no space available during the

morning, after sittings presided by judges and magistrates come to

an end.

(8) When video conferencing facilities are required, the

Director General (Courts) or his delegate shall ensure that first

preference is given to that court which needs to use a hall having

such facilities and any other court or tribunal which usually uses

that particular hall or which had already been assigned that hall shall,

subject to availability of space, be provided with an alternative hall.

(9) All halls in the Courts of Justice Division buildings

shall be numbered.

(1) There shall continue to be in Gozo a department of

government styled “Gozo Courts” which shall be headed by the

Director General (Courts).

(2) The Director General (Courts) and Tribunals shall

perform his functions either personally or through any executive

officer of the court listed in paragraphs (b) to (n) (both inclusive) of

sub-regulation (2) of regulation 8 of these regulations.

(3) The Director General (Courts) shall be responsible

for the management and administration of the Gozo Courts, including

the registries, archives and other services. He shall head the Gozo

Courts and all court executive officers performing duties in the Gozo

Courts shall, in the execution of their duties, take instruction from,

and be answerable to, the Director General (Courts).

(4) Without prejudice to sub-regulation (3) of this

regulation, the Director General (Courts) shall be responsible for

the management of all the space falling under the responsibility of

the Gozo Courts, including, but without prejudice to the generality

of the aforesaid, -

(a) halls used by courts, tribunals, judges, magistrates

and other persons<

(b)

office space<

(c)

meeting rooms< and

(d) other spaces within all the buildings managed by the

Gozo Courts.

(5) Whenever a court or tribunal requires for the

execution of its lawful functions the use of any space as aforesaid, it

shall, through the deputy registrar assigned to it or performing duties

therewith, request the use of such space to the Director General

(Courts) or to such officer whom the Director General (Courts) may

delegate for the purpose.

(6) Sittings which are not presided by judges and

magistrates shall be held, if there is no space available during the

morning, after sittings presided by judges and magistrates come to

an end.

(7) When video conferencing facilities are required, the

Director General (Courts) or his delegate shall ensure that first

preference is given to that court which needs to use a hall having

such facilities and any other court or tribunals which usually uses

that particular hall or which had already been assigned that hall shall,

subject to availability of space, be provided with an alternative hall.

(8)

All halls in the Gozo Courts building shall be

numbered.

(1) The courts and tribunals listed in paragraphs (a) to

(m) of sub-regulation (3) of this regulation shall have one registry

which shall be styled “Registry of the Civil Courts and Tribunals,

(2) The registry mentioned in sub-regulation (1) of this

regulation shall be located in Valletta.

(3) The Registry of the Civil Courts and Tribunals, Malta

shall be competent to receive all judicial acts, written pleadings and

other documents which in accordance with any law are to be filed in

the registry of the following courts and tribunals>

(a)

the Constitutional Court<

(b) the Court of Appeal, both in its superior and inferior

jurisdiction<

(c)

all the Sections of the Civil Court<

(d)

the Court of Magistrates (Malta)<

(e)

the Rent Regulation Board<

(f)

the Rural Leases Control Board<

(g)

the Land Arbitration Board<

(h)

the Partition of Inheritances Tribunal<

(i)

the Industrial Tribunal<

(j) the Appeals Board established under the Controlled

Companies (Procedure for Liquidation) Act< Cap. 383.

(k) Revising Officers appointed under the General

Elections Act< Cap. 354.

(l)

the Small Claims Tribunal< and

(m) any other court or tribunal, the judicial acts, written

pleadings and other documents whereof shall, in terms of any

law, be filed in the Registry of the Civil Courts and Tribunals,

Malta.

(4) The Registry of the Civil Courts and Tribunals, Malta

may be divided into Sections as the Director General (Courts) may

determine and such Registry shall be competent to receive judicial

acts, written pleadings and other documents as may be established

by law.

(1) The courts and tribunals listed in paragraphs (a) to (i) Registry in Gozo.

of sub-regulation (3) of this regulation shall have one registry which

shall be styled “Registry of the Civil Courts and Tribunals, Gozo”.

(2) The registry mentioned in sub-regulation (1) of this

regulation shall be located in Victoria, Gozo.

(3) The Registry of the Civil Courts and Tribunals, Gozo

shall be competent to receive all judicial acts, written pleadings and

other documents which in accordance with any law are to be filed in

the registry of the following courts and tribunals>

(a)

the Court of Appeal, in its inferior jurisdiction<

(b) the Court of Magistrates (Gozo) in its superior and

inferior jurisdiction<

(c)

the Rent Regulation Board<

(d)

the Rural Leases Control Board<

(e) Revising Officers appointed under the General

Elections Act<

(f)

the Small Claims Tribunal< and

(g) any other court or tribunal, the judicial acts, written

pleadings and other documents whereof shall, in terms of any

law, be filed in the Registry of the Civil Courts and Tribunals,

Gozo.

(4) The Registry of the Civil Courts and Tribunals, Gozo

may be divided into Sections as the Director, Gozo Courts and

Tribunals may determine and such Registry shall be competent to

receive judicial acts, written pleadings and other documents as may

be established by law.

(1) The Registry of the Civil Courts and Tribunals, Malta

shall be under the control of the Registrar, Civil Courts and Tribunals.

(2) The Registry of the Civil Courts and Tribunals, Gozo

shall be under the control of the Registrar, Gozo Courts and

Tribunals.

(3) The Registrar, Civil Courts and Tribunals and the

Registrar, Gozo Courts and Tribunals shall have the direction of,

and shall be respectively responsible for, the registries entrusted to

them. They shall execute their legal duties in terms of law and shall

not, in the execution of their legal duties under the Code or under

any other law, act under the direction of any person or authority

except for the directions that may be given to them by the courts or

tribunals in terms of law.

(4) The Registrar, Civil Courts and Tribunals and the

Registrar, Gozo Courts and Tribunals shall be responsible for the

archives entrusted to them.

(5) In performing his administrative functions, the

Registrar, Civil Courts and Tribunals shall report and be responsible

to the Director General (Courts).

(1) Unless otherwise established by law, the Registrar,

Civil Courts and Tribunals and the Registrar Gozo Courts and

Tribunals shall execute their duties either personally or through court

executive officers.

(2)

The court executive officers are>

(a)

the Registrar, Civil Courts and Tribunals<

(b)

the Registrar, Gozo Courts and Tribunals<

(c)

the Assistant Registrars<

(d)

the Deputy Registrars<

(e)

Judicial Assistants<

(f)

Registry Clerks<

(g)

Receivers of Acts<

(h)

Court Assistants<

(i)

Marshals, including Chief and Senior Marshals<

(j)

Ushers, including Senior Ushers<

(k)

Court Messengers<

(l) Senior Court Recorders, including Court Recorders

in Charge<

(m)

Judicial Process Servers< and

(n) such other persons whom the Director General

(Courts) or the Director, Gozo Courts and Tribunals, as the case

may be, may designate for the purpose.

(3) For the purposes of the Commissioners of Oaths

Ordinance, the court executive officers mentioned in paragraphs (a)

to (e) (both inclusive) and (i) of sub-regulation (2) of this regulation

shall be Commissioners of Oaths.

(4) The court executive officers mentioned in paragraphs

(a) to (d) (both inclusive) and paragraphs (i) and (j) of sub-regulation

(2) of this regulation shall exercise the powers vested by article 68

of the Code.

(5) The provisions of article 59 of the Code shall apply Cap. 252.

to the court executive officers mentioned in paragraphs (a) to (d)

(both inclusive) of sub-regulation (2) of this regulation.

(1) Without prejudice to the provisions of sub-regulation Days and working

hours of the Court

(2) of this regulation, the registries of the courts and tribunals Registries.

mentioned in regulations 5 and 6 of these regulations shall be open

for the filing of judicial acts during the following days and during

the following working hours>

Between 1st October and l5th June of every year>

From 9.00 a.m. to 3.00 p.m.

Between 16th June and 30th September of every year>

From 8.00 a.m. to 12 noon.

(2) Subject to the proviso of article 109(2) of the Code

of Organization and Civil Procedure, the registry of courts and

tribunals mentioned in regulations 5 and 6 of these regulations shall

be closed for the filing of judicial acts on Saturdays, on public

holidays as provided in the National Holidays and other Public

Ho1idays Act, and on Wednesday and Thursday of Holy Week.

(1) Courts and tribunals sittings may normally be held

from Monday to Friday of every week between 8.00 a.m. and 5.00

p.m. or at such later hour as a court or tribunal may direct except on

a Saturday, Sunday or public or national holiday as provided in the

National Holidays and other Public Ho1idays Act.

(2) The following days shall be considered as vacations

in the Superior Courts and in the Court of Magistrates (Gozo), in its

superior jurisdiction, and the courts shall not normally sit on days

which are considered as vacations>

(a) from Wednesday in Holy Week to the Wednesday

after Easter inclusively<

(b) from the sixteenth of July to the fifteenth of

September of each year, inclusively<

(c) from the seventeenth of December to the sixth of

January>

Provided that no vacations shall be applicable in the Family

Section and the Voluntary Jurisdiction Section of the Civil Court.

(3) The vacations in the inferior courts shall be during

the month of August of each year and during the periods mentioned

in paragraphs (a) and (c) of sub-regulation (2) of this regulation.

(4) Notwithstanding the provisions of sub-regulations (1),

(2) and (3), courts and tribunals may sit on any day and at any time

for reasons of urgency as decided by the court or tribunal on the

request or with the approval of both parties or for any other reason

whatsoever as determined by the court or tribunal provided that the

said reason is registered in the records of the case.

(1) There shall be one archive for all acts presented in

the Registry of the Civil Courts and Tribunals, Malta.

(2) There shall be one archive for all acts presented in

the Registry of the Civil Courts and Tribunals, Gozo.

(3) The archive established in terms of sub-regulation

(1) shall be placed in Malta whilst the archive established in terms

of sub-regulation (2) shall be placed in Gozo so however that each

Registrar mentioned in the preceding sub-regulations of this

regulation shall endeavour to have as near as possible to the registry

mentioned as aforesaid a section with the more recent archives.

(4) Each archive may be divided into Sections as the

Registrar, Civil Courts and Tribunals and the Director, Gozo Courts

and Tribunals, as the case may be, may determine.

(5) Each Registrar mentioned in sub-regulation (4) of this

regulation may transfer responsibility of the archives to any person

who is officially responsible for maintaining State archives in terms

of the National Archives Act.

(6) Unless otherwise provided by law, the archives shall

be organised as each Registrar mentioned in sub-regulation (4) of

this regulation may direct, including, but not limited to, providing

for the opening hours thereof.

(7) The act deposited in the archives shall be accessible

to the public, provided that access to the archives of the Civil Court

(Family Section) and the Civil Court (Voluntary Jurisdiction Section)

shall, except for any judgment, decree, decision or other document,

be restricted to the parties and their advocates or legal procurators,

and to any other person who may be so authorised by the judge or

magistrate, as the case may be.

(8) The following fees shall be levied for copies of acts

kept in the archives>

(a)

for every non-authenticated photocopy,

for every page …………………………… Lm 0.10c

(b)

for every authenticated photocopy,

for every page …………………………… Lm 0.25c

Revokes L.N. 59

The following notices are hereby revoked>

of 1996 and L.N.

35, 36 and 37 of

2001. (a) Days and Working Hours for the Opening and Closing

of the Registries of the Courts Regulations, 1996, published by

Legal Notice 59 of 1966< and

(b) three Orders referred to as the Code of Organization

and Civil Procedure Order, 2001, published by Legal Notices

35, 36 and 37 of 2001.