Adaptation of Laws Regulations, 2006

L.N 181 of 2006

JUDICIAL ACTIONS (VARIOUS MEASURES) ACT, 2005

(ACT NO. XXII of 2005)

Adaptation of Laws Regulations, 2006

IN EXERCISE of the powers conferred by article 76A of the

Judicial Actions (Various Measures) Act, 2005, the Minister

responsible for Justice has made the following regulations

(1) The title of these Regulations is the Adaptation of Citation and

commencement.

Laws Regulations, 2006.

(2) The provisions of these Regulations shall be deemed to

have come into force on the 16th January, 2006.

PART A - MAIN LEGISLATION

AMENDMENT

WORD/PHRASE TO BE

ENACTMENT

PROVISION

AMENDED

1. Marriage

article 6(1)

"to take out a writ of

"to take out a sworn

Legacies Law,

summons in the Court of

application in the Court

Appeal"

of Appeal"

article 6(2)

"Upon such writ of

"Upon such sworn

summons,"

application,"

article 6(3)

"If the party taking out the

"If the party taking out

summons"

the sworn application"

article 6(4)

"Where no such w rit of

"Where no such sworn

summons"

application"

2. Code of Police

article 42(a)

"or any writ of summons"

"or any sworn

Laws,

application"

The words and phrases referred to in the third column of Amendments to

the Schedule, which words and phrases occur in the provisions various laws.

specified in the second column of the said Schedule, which provisions

are to be found in the enactments referred to in the first column of the

said Schedule, shall be amended in accordance with the amendments

referred to in the fourth column of the said Schedule.

Code of

article 34

"c om m en ced by w r it of

"commenced by a

Organization

summons"

sworn application"

and Civil

Procedure,

article 170(1)

"appear to the writ of

"appear to the sworn

summons"

application"

article 728(1)

"instituted by writ of

"instituted by sworn

summons

or

by

application"

application"

Schedule A,

"application, writ of

"sworn application"

paragraph 2(1)

summons"

Schedule A,

"application, writ of

"sworn application"

paragraph 2(2)

summons"

Commercial

article 484(2)

"upon a summons against

"upon a sworn

Code,

the curators"

application against the

curators"

Maintenance

article 5(1)

"s u c h o r d e r a s i t m i g h t

"such order as it might

Orders

have made if a summons"

have made if a sworn

(Facilities for

application"

Enforcement)

Ordinance,

article 5(3)

"duly served with a

"duly served with a

summons"

sworn application"

article 6(1)

"that a writ of summons be

"that a sworn

issued by the Civil Court,

application be issued

First Hall, calling upon the

by the Civil Court,

person to show cause why

First Hall, calling upon

that order should not be

the person to show

confirmed, and upon

cause why that order

receipt of such documents

should not be

and requisition, the court

confirmed, and upon

shall issue such writ of

receipt of such

summons"

documents and

requisition, the court

shall issue such a

sworn application"

WORD/PHRASE TO BE

ENACTMENT

PROVISION

AMENDED

article 6(2)

"A w r i t o f s u m m o n s s o

"A sworn application

issued"

so issued"

article 6(3)

"on whom the writ of

"on whom the sworn

summons was served"

application was served"

article 6(4)

"served with the writ of

"served with the sworn

summons"

application"

article 6(5)

"whom the writ of

"whom the sworn

summons was issued"

application was issued"

Notarial

article 109

"of the archivist by writ of

"of the archivist by

Profession and

summons,"

sworn application,"

Notarial

Archives Act,

article 113(2)

"to the service of

"to the service of

summonses in connection

applications in

with,"

connection with,"

Land

article 26

"t o b r i n g i t f o r w a r d b y

"to bring it forward by

Acquisition

writ of summons"

sworn application"

(Public

Purposes)

Ordinance,

Motor

article 10(6)

"the date on which a writ

"the date on which a

Vehicles

of summons"

sworn application"

Insurance

(Third-Party

Risks)

Ordinance,

Bearer

article 8(5)

"by writ of summons in

"by sworn application

Accounts Levy

the Civil Court,"

in the Civil Court,"

Act,

Merchant

article 37(1)

"on a demand by writ of

"on a demand by a

Shipping Act,

summons"

sworn application"

article 37(2)

"The writ of summons

"The sworn application

shall,"

shall,"

Local Councils

regulation

"to the Court of Appeal by

"to the Court of Appeal

Act,

22(5) of the

writ of summons filed in

by sworn application

Third Schedule

contestation with the

filed in contestation

commissioners not later

with the commissioners

than twenty four hours

not later than twenty

after the Commission has

four hours after the

communicated its decision

Commission has

to the candidates and the

communicated its

Court of Appeal shall deal

decision to the

with such writ of

candidates and the

summons with the utmost

Court of Appeal shall

urgency"

deal with such sworn

application with the

utmost urgency"

WORD/PHRASE TO BE

ENACTMENT

PROVISION

AMENDED

Duty on

article 66(2)

"by writ of summons"

"by sworn application"

Documents

and Transfers

Act,

Companies

article 21(2)

"m a y o b j e c t t h e r e t o b y

"may object thereto by

Act,

writ of summons"

sworn application"

article 22(1)

"to such extension by writ

"to such extension by

of summons"

application"

article 23

"of any writ of summons"

"of any application"

article 32(3)

"by writ of summons"

"by application"

article 38(1)

"on a demand by writ of

"on a demand by

summons"

application"

article 48(2)

"by writ of summons"

"by application"

article

"is lodged by writ of

"is lodged by

66(12)(b)

summons"

application"

first proviso to

"by writ of summons"

"by application"

article 83(1)

article 83(2)

"any writ of summons"

"any application"

article 98(1)

"by writ of summons"

"by application"

proviso to

"by writ of summons"

"by application"

article 98(2)

article 116(1)

"may by writ of summons"

"may by application"

article 116(3)

"w r i t o f s u m m o n s f i l e d

"application filed under

under subarticle (1) and of

subarticle (1) and of

any judgment given

any judgment given

thereon to be served on the

thereon to be served on

Registrar for registration,

the Registrar for

and the said writ of

registration, and the

summons shall, on pain of

said application shall,

nullity, include a demand

on pain of nullity,

to that effect."

include a demand to

that effect."

article 334(2)

"may by writ of summons"

"may by application"

article 334(3)

"b y m e a n s o f a w r i t o f

"by means of an

summons"

application"

article 341(2)

"may by writ of summons"

"may by application"

article 341(3)

"b y m e a n s o f a w r i t o f

"by means of an

summons"

application"

article 351(2)

"by writ of summons"

"by application"

article 368(2)

"by writ of summons,"

"by application,"

Condominium

article 17(3)

"If the writ of summons,"

"If the sworn

Act,

application,"

Value Added

article 65(2)

"by means of writ of

"by means of

Tax Act,

summons"

application"

Trademarks

article 14(1)

"by writ of summons"

"by application"

Act,

article 19(1)

"by writ of summons"

"by application"

article 20

"by writ of summons"

"by application"

article 42(4)

"by writ of summons"

"by application"

article 43(3)

"by writ of summons"

"by application"

WORD/PHRASE TO BE

ENACTMENT

PROVISION

AMENDED

article 54(2)

"by writ of summons"

"by application"

Patents and

article 39(1)

"on a writ of summons"

"on an application"

Designs Act,

article 39(5)

"by writ of summons"

"by application"

article 39(8)

"on a writ of summons"

"on an application"

article 40(3)

"by writ of summons"

"by application"

article 44(1)

"on a writ of summons"

"on an application"

article 99(2)

"by writ of summons"

"by application"

article 103(2)

"by writ of summons"

"by application"

article 115(1)

"by writ of summons"

"by application"

article 116(1)

"by writ of summons"

"by application"

Reversion of

article 4(2)

"by writ of summons"

"by application"

Certain Lands

Act,

Data

article 46(1)

"by writ of summons"

"by application"

Protection

Act,

Administratio

article 6(1)

"by writ of summons"

"by application"

n of Lands

Act,

Special Funds

article 34(2)(e)

"by writ of summons"

"by application"

(Regulation)

Act,

PART B - SUBSIDIARY LEGISLATION

1. Court Practice

rule 11(6)

"together with the writ of

"together with the

and Procedure

summons and the note of

application and the

Rules,

pleas respectively shall

reply respectively shall

file

a

declaration

file a declaration

confirmed on oath

confirmed on oath

containing a clear and

containing a clear and

detailed statement of the

detailed statement of

facts to prove what is

the facts to prove what

alleged in the writ of

is alleged in the

summons or the note of

application or the note

pleas."

of pleas."

2. Service of

rule 3(2)(c)

"writs of summons; and"

"applications; and"

Judicial Acts

by Post Rules,

3. Service (Writ

title

"Service

(Writ

of

"Service (Application

of Summons

Summons and Other

and Other Documents

and Other

Documents attached

attached thereto)

Documents

thereto) Regulations"

Regulations"

attached

thereto)

Regulations,

WORD/PHRASE TO BE

ENACTMENT

PROVISION

AMENDED

regulation 1

"Service

( Wr i t

of

"Service (Application

Summons and Other

and Other Documents

Documents attached

attached thereto)

thereto) Regulations"

Regulations"

marginal note

"Service of writ of summons

"Service of application

to regulation 2

and other documents

and other documents

attached thereto."

attached thereto."

regulation 2

"of a copy of any writ of

"of a copy of any

summons, declaration,

application,

affidavit of the plaintiff

declaration, affidavit of

and other documents

the plaintiff and other

attached to a writ of

documents attached to

summons shall be effected

an application shall be

through the registrar"

effected through the

registrar"

4. The Civil

regulation 13

"a p p l i c a t i o n o r w r i t o f

"application or sworn

Court (Family

summons, shall on the

application, shall on

Section), The

coming into force of these

the coming into force

First Hall of

regulations

take

of these regulations

the Civil

cognizance of those acts,

take cognizance of

Court and The

applications or writ of

those acts or

Court of

summons

that

applications that

Magistrates

immediately before the

immediately before the

(Gozo)

coming into force of these

coming into force of

(Superior

Regulations or that Order

these Regulations or

Jurisdiction)

were pending before the

that Order were

(Family

First Hall of the Civil

pending before the

Section)

Court, the Second Hall of

First Hall of the Civil

Regulations,

t h e C i v i l C o ur t a n d t he

Court, the Second Hall

Court of Magistrates

of the Civil Court and

(Gozo)

(Superior

the Court of

Jurisdiction), and this

Magistrates (Gozo)

according

to

the

(Superior Jurisdiction),

jurisdiction of each of

and this according to

those

sections

in

the jurisdiction of each

accordance with these

of those sections in

Regulations and that

accordance with these

O r d e r, s o h o w e v e r t h a t

Regulations and that

notwithstanding anything

Order, so however that

i n t h e s e R e g u la t io n s o r

notwithstanding

that Order, the procedures

anything in these

to be followed in respect

Regulations or that

of each act, application or

Order, the procedures

writ of summons filed

to be followed in

before the date of the

respect of each act or

coming into force of these

application filed before

Regulations or of that

the date of the coming

Order,"

into force of these

Regulations or of that

Order,"

5. Goldsmiths

regulation 15

"b y a w r i t o f s u m m o n s

"by an application

and

before the competent

before the competent

Silversmiths

court"

court"

Regulations,

WORD/PHRASE TO BE

ENACTMENT

PROVISION

AMENDED

6. Merchant

first proviso to

"by writ of summons"

"by application"

Shipping

regulation

(Shipping

24(1)

Organisations

- Private

Companies)

Regulations,

regulation

"any writ of summons"

"any application"

24(2)

regulation

"by writ of summons"

"by application"

32(1)

regulation

"any writ of summons

"any application filed

32(3)

filed under subregulation

under subregulation (1)

(1) and of any judgment

and of any judgment

given thereon to be served

given thereon to be

on the Registrar for

served on the Registrar

registration, and the said

for registration, and the

writ of summons shall,"

said application shall,"

7. Continuation

regulation

"by writ of summons"

"by application"

of Companies

15(2)

Regulations,