140 tal-2004 - Regolamenti tal-2004 dwar it-Tribunali Lokali (Twaqqif ta’ Tribunali u Tismija tar-Reġistru, Reġistratur u Uffiċjali Oħra)

L.N. 140 of 2004

COMMISSIONERS FOR JUSTICE ACT

(CAP. 291)

Local Tribunals (Establishment of Tribunals and Designation

of Registry, Registrar and Other Officers) Regulations, 2004

IN virtue of the powers conferred by article 9 of the

Commissioners for Justice Act, the Deputy Prime Minister and

Minister for Justice and Home Affairs has made the following

regulations>-

(1) These regulations may be cited as the Local Tribunals

(Establishment of Tribunals and Designation of Registry, Registrar

and Other Officers) Regulations, 2004.

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

March, 2004.

For the purposes of these regulations>

“Act” means the Commissioners for Justice Act<

“authority” shall have the same meaning assigned to it in

article 2 of the Act<

“Local Council”, “locality” and “executive secretary” shall

have the same meaning assigned to them by the Local Councils

Act<

“Minister” means the Minister responsible for justice<

“Registrar” means the Registrar of the Tribunal<

“Tribunal” means the Local Tribunals set up in terms of

the Act.

Tribunals shall be established in the following localities>

(a)

Valletta<

(b)

Birgu<

(c)

Fgura<

(d)

}ejtun<

(e)

}urrieq<

(f)

Qormi<

(g)

Sliema<

(h)

Mosta< and

(i)

Victoria, Gozo.

(1) There shall be a Registrar for each Tribunal mentioned Registrar of

Tribunal.

in regulation 3 of these Regulations.

(2) The Registrar of each Tribunal shall be such person

as the Director, Department for Local Government may appoint for

the purpose.

(3) In the execution of his functions, the Registrar shall

not be subject to the direction or control of any person whatsoever

except that of a Commissioner for Justice and in such case the

Registrar shall follow the directions given to him by a Commissioner

for Justice.

(4) The Registrar shall exercise his duties personally or

may delegate all or any of his functions to any other person as he

may deem fit.

(5) Prior to the carrying out of his duties, the Registrar

or such other person mentioned in sub-regulation (4) of this

regulation shall take the oath of office prescribed in article 60 of the

Code of Organization and Civil Procedure before a Commissioner

for Justice.

(6) The duties of Registrar shall be those pertaining to

the Registrar of the Civil Courts and Tribunals as may be established

from time to time by or under the Code of Organization and Civil Cap. 12.

Procedure.

(7) The Registrar shall have the direction of, and shall

be responsible for, the registry entrusted to him. He shall execute

his legal duties in terms of law and shall not, in the execution of his

legal duties under the Commissioners for Justice Act 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 Commissioners

for Justice in terms of law.

(8) In exercise of his administrative duties, the Registrar

shall be answerable to the Director (Local Government) in so far as

the proper functioning of the Tribunal and the proper management

of records are concerned.

(1) The Registry of each Tribunal shall be in the locality

where each Tribunal is established provided that judicial acts, written

pleadings and other documents may be kept in any place as the

Registrar may direct.

(2) The Registry of a Tribunal shall be competent to issue

and receive all judicial acts, written pleadings and other documents

required under the Act.

Sittings of Tribunals may be held on any day between

Monday and Saturday not being a public or national holiday as

provided in the National Holidays and Other Public Holidays Act

and between 9.00 a.m. and 7.00 p.m..

For the purposes of sub-article (5) of article 10 of the Act,

penalties, including additional penalties and expenses inflicted by

the Tribunal, and including penalties for contempt of court, shall,

unless otherwise determined, be due to the Government of Malta

and shall be collected by the Registrar on its behalf and paid by him

in the account of the Ministry responsible for Justice.

Penalties, including additional penalties and expenses,

which may be due to a Local Council shall be collected on its behalf

by the person having the legal representation of that Local Council.

Penalties, including additional penalties and expenses,

Penalties due to an

which may be due to any authority shall be collected on its behalf

by the person having the legal representation of that authority.

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