9 tal-2004 - Regolamenti tal-2004 li jemendaw ir-Regolamenti dwar il-Qorti Ċivili (Sezzjoni tal-Familja), Il-Qorti Ċivili (Sezzjoni ta’ Ġurisdizzjoni Ġenerali) u Il-Qorti tal-Maġistrati (Għawdex) (Ġurisdizzjoni Superjuri) (Sezzjoni tal-Familja)

L.N. 9 of 2004

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

CIVIL CODE

(CAP. 16)

The Civil Court (Family Sections), The Civil Court (General

Jurisdictions Section) and The Court of Magistrates (Gozo)

(Superior Jurisdiction) (Family Section), (Amendment)

Regulations, 2004

IN virtue of the powers conferred by articles 193A and 470 of the

Code of Organization and Civil Procedure and by article 37 of the Civil

Code, the Minister for Justice and Home Affairs has made the following

regulations>

(1) These regulations may be cited as the Civil Court (Family Citation and

commencement.

Section) The Civil Court (General Jurisdiction Sections) and The Court

of Magistrates (Gozo) (Superior Jurisdiction) (Family Section),

(Amendment) Regulations 2004 and shall be read and construed as one

with the Civil Court (Family Section) The Civil Court (General

Jurisdiction Sections) and The Court of Magistrates (Gozo) (Superior

Jurisdiction) (Family Section) Regulations, 2003, hereinafter referred

to as “the principal regulations”.

(2) These regulations shall be deemed to have come into

force on the 16th December, 2003.

In regulation 1 of the principal regulations and in the title to Amendment of

the principal regulations for the words “The Civil Court (General regulation

1 of the principal

Jurisdiction Sections)” there shall be substituted the word “First Hall of regulations

and of title to

the Civil Court”.

principal

regulations.

Immediately after regulation 12 of the principal regulations Addition of

new regulation 13

there shall be added the following new regulation 13>

to the principal

regulations.

The section of the Court which in accordance with

“Transitory

provision.

these Regulations and in accordance with the Civil Courts

(Establishment of Sections) Order, 2003 is according to the

L.N. 396 of

2003. nature of the same and according to the territorial jurisdiction

of the Court, is to take cognizance of any act, application or

writ of summons, shall on the coming into force of these

regulations take cognizance of those acts, applications or

writ of summons that immediately before the coming into

force of these Regulations or that Order were pending before

the First Hall of the Civil Court, the Second Hall of the Civil

Court and the Court of Magistrates (Gozo) (Superior

Jurisdiction), and this according to the jurisdiction of each of

those sections in accordance with these Regulations and that

Order, so however that notwithstanding anything in these

Regulations or that Order, the procedures to be followed in

respect of each act, application or writ of summons filed before

the date of the coming into force of these Regulations or of

that Order, shall be that in force immediately before that date.”.

4. Immediately at the end of the principal regulations, there shall

be added the following Schedule>

“Schedule

(Regulation 2 (a))

The Civil Courts (Establishment of Sections) Order, 2003

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

of Sections) Order, 2003.

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

2003.

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

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

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.

3. The sections of the Civil Court shall be the Family Section,

the Voluntary Jurisdiction Section and a general jurisdiction section to

be styled the First Hall of the Civil Court.

4. To the Civil Court (Family Section) shall be assigned those

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

to matters regulated by>

Titles I, and II and IV of Book First of the Civil Code< Cap. 16.

(a)

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

Ordinance<

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

(d) The Marriage Act< and

(e)

The Child Abduction and Child Custody Act.

5. To the Civil Court (Voluntary Jurisdiction Section) shall be Assignment of

cases to the Civil

assigned applications falling within the Competence of the Civil Court Court (Voluntary

Jurisdiction

and which relate to matters regulated by>

Section)

(a)

Titles III, V, VI and VII of Book First of the Civil Code< Cap. 16.

and

(b) Part II of Book Second of the Code of Organisation and Cap. 12.

Civil Procedure<

6. To the First Hall of the Civil Court shall be assigned all cases Assignment of

within the competence of the Civil Court and not assigned to the Family cases

Hall

Section or the Voluntary Jurisdiction Section.

of the Civil Court.

7. Subject to any rules of court or to any regulation, cases shall Registrar

to assign

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

in accordance with the category to which the case refers.

8. Where any dispute arises as to whether a case should be Chief

to determine

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 cases.

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.

9. Without prejudice to the provisions of article 54 of the Code Court of

Magistrates

of Organisation and Civil Procedure there shall be in the Court of (Gozo) in its

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

Jurisdiction.

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