Duplicate Register of Notarial Acts Regulations, 2004

L.N. 86 of 2004

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT

(CAP. 55)

Duplicate Register of Notarial Acts Regulations, 2004

IN exercise of the powers conferred by subarticle (1) of article

152 of the Notarial Profession and Notarial Archives Act, the Minister

for Justice and Home Affairs, with the concurrence of the Minister of

Finance and Economic Affairs, has made the following regulations>-

(1) The title of these regulations is the Duplicate Register of Title and

commencement.

Notarial Acts Regulations, 2004.

(2)

These regulations shall come into force on the 1st

March, 2004.

Where, as the result of enemy or counter-enemy action or for Enemy action or

any other reason whatsoever, any original Notarial Acts, or any registers counter-enemy

action.

of acts preserved in the Notarial Archives established in Malta or in

Gozo, have been lost, destroyed or so damaged as to make easy reference

thereto impracticable or impossible, the following provisions shall have

effect.

(1) It shall be the duty of the Keeper of Notarial Archives in Keeper of Notarial

Archives.

Malta or in Gozo, as the case may be, hereinafter referred to as “the

Keeper of Notarial Archives”, to prepare a duplicate register of all

original acts deposited in the Archives of Malta or of Gozo, lost,

destroyed or damaged as aforesaid, and a new register of all such original

acts where the original register has been so lost, destroyed or damaged.

(2) (i) The duplicate register referred to in subregulation

(1) of this regulation shall be compiled by reference to the register

prepared by a Notary in accordance with the Notarial Profession and

Notarial Archives Act or, as the case may be, in accordance with the

relevant law or practice prevailing from time to time before the

enactment of that Act.

(ii) The new register referred to in subregulation (1) of

this regulation shall be compiled by reference to the original acts.

(iii) Where both the original acts and the original

registers are lost, destroyed or damaged as aforesaid, the duplicate

register and the new register shall be compiled by reference to any copy

or copies of the original acts, authenticated in accordance with the

provisions of the aforesaid Act or preceding law or practice by the Notary

who issued that copy or those copies, that may be available in the

possession of any person, or, in default of any known such authenticated

copy, by reference to any copy or copies even if not authenticated and,

if necessary, by reference to any notes available>

Provided that in every such case the Keeper of Notarial Archives

shall record in writing at the foot of each copy so made of a deed, the

source or sources of that copy and any relevant details relating thereto>

Provided further that where a complete duplicate register is

compiled from one original register, it shall be sufficient for the Keeper

of Notarial Archives to make a signed declaration at the end of each

duplicate register that such register has been collated with the relative

original register.

(3) The aforementioned duplicate register shall be made

either by means of photocopying or by microfilming or by electronic

means, or by such other means as will give a clear permanent copy of

the registers, original acts or copies referred to in subregulation (2) (i)

(ii) and (iii) as the case may be.

(4) The Keeper of Notarial Archives may cause one or

more volumes of the original register or of the original acts to be included

in one volume of the duplicate register or of the new register or to

subdivide any volume of the original register or of the original acts into

two or more volumes of the duplicate register or of the new register,

provided that in no case shall any one volume of the duplicate register

or of the new register contain more than seven hundred and fifty pages.

(1) Every Keeper or person in possession of a register or of

any authenticated copy or copies or of other copies or of notes from

which the duplicate register or, as the case may be, the new register can

be compiled shall, on the demand of the Keeper of the Notarial Archives,

grant all necessary facilities to enable the Keeper to prepare such

duplicate register or new register.

(2) The Keeper of the Notarial Archives shall be empowered

to request any possessor or Keeper of the registers or copies or notes

referred to in subregulation (1) of this regulation to give him temporary

possession of any such registers or documents for the purposes of

compiling the duplicate register and to retain such registers or documents

in the Notarial Archives for such time as is required for the compilation

of the duplicate register and the collation thereof provided that the Keeper

of Notarial Archives shall issue to such possessor or keeper a receipt

for any such register or documents, which receipt shall be returned to

the Keeper of the Notarial Archives on the return of such register or

documents to the keeper or possessor provided further that such register

or documents shall be delivered to the Keeper of Notarial Archives in a

good state of repair and so returned by him.

(3) Until such time as the aforesaid registers or documents

are in the possession of the Keeper of the Notarial Archives he shall

take due care of them in the manner prescribed in the principal law as

regards original acts or registers deposited in the Archives.

(4) The expenses involved for the compilation of the said

duplicate registers including transportation of the registers or documents

referred to in subregulation (1) of this regulation and the binding of

such duplicate registers, shall be a charge on the public fund< for such

purposes provision therefor shall be made in the estimates under the

Office of the Notary to Government.

(5) No remuneration or other payment shall be due to the

possessor or keeper of the registers or documents referred to in

subregulation (1) of this regulation for the temporary use of such registers

or documents by the Keeper of Notarial Archives for the purposes of

compiling the duplicate registers.

(1) The Duplicate Register or new registers prepared in Authentication of

accordance with these regulations shall be authenticated by the Keeper registers.

of the Notarial Archives or by such other officer not below the grade of

Notary to Government delegated by him for such purpose, and such

person authenticating the duplicate registers or new registers shall ensure

that these are in conformity with the original registers or original acts

or documents referred to in regulation 3(2) (i) (ii) (iii) of these

regulations.

(2) Such authentication shall be effected by means of a

signed declaration at the end of each volume in which declaration

reference shall be made to the sources from which the duplicate register

or the new register has been compiled.

Any person who without reasonable and justified cause refuses Refusal by any

to comply with the provisions of subregulations (1) and (2) of regulation person

abide by these

4 shall be liable, on conviction, to a fine (ammenda) not exceeding five regulations.

hundred Maltese liri (Lm500) to be imposed by the Court of Revision

of Notarial Acts established under the Notarial Profession and Notarial

Archives Act, composed of one of the Visitors of Notarial Acts, and in

inflicting such fine the said Court may give such orders as it may deem

necessary to enable the Keeper of Notarial Archives to prepare the

duplicate register or the new register, and, without prejudice to the

making of any such order, the Court may, on the application of the

Keeper of Notarial Archives, sub-poena any person to deliver to the

Keeper of Notarial Archives any registers or acts or copies of, or extracts

from, acts, and, should such sub-poena be disregarded, it may order the

seizure of the registers or the acts or copies of, or extracts from, acts

mentioned in the sub-poena>

Provided that in any such case where the Court of Revision of

Notarial Acts is not competent in the matter, the same powers shall be

exercised by the Court of Magistrates (Malta) or the Court of Magistrates

(Gozo) sitting as a Court of Criminal Judicature.

The Duplicate Register of Notarial Acts Regulations, 1946

are hereby revoked.

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