Adaptation of Laws (Amendment) Regulations, 2006

L.N. 186 of 2006

JUDICIAL ACTIONS (VARIOUS MEASURES) ACT, 2005

(ACT NO. XXII of 2005)

Adaptation of Laws (Amendment) 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

Laws (Amendment) Regulations, 2006, and they shall be read and coming

force.

construed as one with the Adaptation of Laws Regulations, 2006,

hereinafter referred to as "the principal regulations".

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

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

For items 6, 13, 15, 16, 17, 18, 19, 20 and 21 of Part A of Amends Part A

the Schedule to the principal regulations, there shall be substituted the of

to the principal

regulations.

following items 6, 13, 15, 16, 17, 18, 19, 20 and 21 respectively

WORD/PHRASE TO

ENACTMENT

PROVISION

AMENDMENT

BE AMENDED

"6.

Notarial

article 109

"of the archivist by writ of

"of the archivist by

Profession and

summons,"

sworn application,"

Notarial

article 113(2)

"and the laws relating to

"and the laws relating to

Archives Act,

the service of summonses

the

service

in connection with, and

summonses

the

conduct

of

connection with, and the

proceedings before the

conduct of proceedings

Court of Magistrates

before the Court of

shall, in every other

Ma gistrates shall, in

respect, apply to the

every other respect,

service of writs of

apply to the service of

subpoena and to all other

sworn applications and

proceedings of the said

to all other proceedings

Court of Revision"

of the said Court of

Revision" "

"13.

Companies

article 21(2)

"may object thereto by

"may object thereto by

Act,

writ of summons"

sworn application"

article 22(1)

"to such extension by writ

"to such extension by

of summons"

sworn application"

article 23

"of any writ of summons"

"of

any

application"

article 32(3)

"by writ of summons"

"by sworn application"

article 38(1)

"on a demand by writ of

"on a demand by sworn

summons"

application"

article 48(2)

"by writ of summons"

"by sworn application"

BE AMENDED

article

"is lodged by writ of

"is lodged by sworn

66(12)(b)

summons"

application"

first proviso to

"by writ of summons"

"by sworn application"

article 83(1)

article 83(2)

"any writ of summons"

"any sworn application"

article 98(1)

"by writ of summons"

"by sworn application"

proviso

to

"by writ of summons"

"by sworn application"

article 98(2)

article 116(1)

"may by

writ

of

"may

sworn

by

summons"

application"

article 116(3)

"writ of summons filed

"sworn application filed

under subarticle (1) and of

under subarticle (1) and

any judgment given

of any judgment given

thereon to be served on

thereon to be served on

the

Registrar

for

the Registrar for

registration, and the said

registration, and the said

writ of summons shall, on

sworn application shall,

pain of nullity, include a

o n p a i n o f n u l l i t y,

demand to that effect."

include a demand to that

effect."

article 334(2)

"may by

writ

of

"may

by

sworn

summons"

application"

article 334(3)

"by means of a writ of

"by means of a sworn

summons"

application"

article 341(2)

"may by

writ

of

"may

by

sworn

summons"

application"

article 341(3)

"by means of a writ of

"by means of a sworn

summons"

application"

article 351(2)

"by writ of summons"

"by sworn application"

article 368(2)

"by writ of summons,"

"by sworn application,"

"

"15.

Value Added

article 65(2)

"by means of writ of

"by means of sworn

Tax Act,

summons"

application" "

"16.

Trademarks

article 14(1)

"by writ of summons"

"by sworn application"

Act,

article 19(1)

"by writ of summons"

"by sworn application"

article 20

"by writ of summons"

"by sworn application"

article 42(4)

"by writ of summons"

"by sworn application"

article 43(3)

"by writ of summons"

"by sworn application"

article 54(2)

"by writ of summons"

"by sworn application" "

BE AMENDED

"17.

Patents and

article 39(1)

"on a writ of summons"

"on a sworn application"

Designs Act,

article 39(5)

"by writ of summons"

"by sworn application"

article 39(8)

"on a writ of summons"

"on a sworn application"

article 40(3)

"by writ of summons"

"by sworn application"

article 44(1)

"on a writ of summons"

"on a sworn application"

article 99(2)

"by writ of summons"

"by sworn application"

article 103(2)

"by writ of summons"

"by sworn application"

article 115(1)

"by writ of summons"

"by sworn application"

article 116(1)

"by writ of summons"

"by sworn application" "

"18.

Reversion of

article 4(2)

"by writ of summons"

"by sworn application" "

Certain Lands

Act,

"19.

Data

article 46(1)

"by writ of summons"

"by sworn application" "

Protection Act,

"20.

Administration

article 6(1)

"by writ of summons"

"by sworn application" "

of Lands Act,

"21.

Special Funds

article 34(2)(e)

"by writ of summons"

"by sworn application" "

(Regulation)

Act,

For items 1, 2, 3, 4, 5, 6 and 7 of Part B of the Schedule to Amends Part B

the principal regulations, there shall be substituted the following of

the Schedule

to the principal

items 1, 2, 3, 4, 5, 6 and 7 respectively

regulations.

WORD/PHRASE TO

ENACTMENT

PROVISION

AMENDMENT

BE AMENDED

"1.

Court Practice

rule 11(6)

"together with the writ of

"together with the sworn

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 the

facts to prove what is

facts to prove what is

alleged in the writ of

alleged in the sworn

summons or the note of

application or the note

pleas."

of pleas." "

"2.

Service of

rule 3(2)(c)

"writs of summons; and"

"swo rn app li catio ns;

Judicial Acts

and" "

by Post Rules,

BE AMENDED

"3.

Service (Writ

title

" S e r v i c e ( Wr i t o f

"Service

(Sworn

of Summons

Summons and Other

Applications and Other

and Other

Documents attached

Documents attached

Documents

thereto) Regulations"

thereto) Regulations"

attached

regulation 1

" S e r v i c e ( Wr i t o f

"Service

(Sworn

thereto)

Summons and Other

Applications and Other

Regulations,

Documents attached

Documents attached

thereto) Regulations"

thereto) Regulations"

marginal note

"Service of writ of

"Service of sworn

to regulation 2

summons and other

application and other

documents attached

documents attached

thereto."

thereto."

regulation 2

"of a copy of any writ of

"of a copy of any sworn

summons, declaration,

application, declaration,

affidavit of the plaintiff

affidavit of the plaintiff

and other documents

and other documents

attached to a writ of

attached to a sworn

summons shall be effected

application shall be

through the registrar"

e ff e c t e d t h r o u g h t h e

registrar" "

"4.

The Civil

regulation 13

"application or writ of

"application or sworn

Court (Family

summons, shall on the

application, shall on the

Section), The

coming into force of these

coming in to force of

First Hall of

regulations

take

these regulations take

the Civil Court

cognizance of those acts,

cognizance of those

and The Court

applications or writ of

acts, applications or

of Magistrates

summons

that

sworn applications that

(Gozo)

immediately before the

immediately before the

(Superior

coming into force of these

coming in to force of

Jurisdiction)

Regulations or that Order

th e s e R e g u la t i on s o r

(Family

were pending before the

that Order were pending

Section)

First Hall of the Civil

before the First Hall of

Regulations,

Court, the Second Hall of

the Civil Court, the

the Civil Court and the

Second Hall of the Civil

Court of Magistrates

Court and the Court of

(Gozo)

(Superior

Magistrates (Gozo)

Jurisdiction), and this

(Superior Jurisdiction),

according

to

the

and this according to the

jurisdiction of each of

jurisdiction of each of

those

sections

in

those sections in

accordance with these

accordance with these

Regulations and that

Regulations and that

Order, so however that

Order, so however that

notwithstanding anything

notwithstanding

in these Regulations or

anything in these

that Order, the procedures

Regulations or that

to be followed in respect

Order, the procedures to

of each act, application or

be followed in respect

writ of sum mons filed

of each act, application

before the date of the

or sworn application

coming into force of these

filed before the date of

R e gu lat io ns o r of t ha t

the coming into force of

Order,"

these Regulations or of

that Order," "

BE AMENDED

"5.

Goldsmiths

regulation 15

"by a writ of summons

"by a sworn application

and

before the competent

before the competent

Silversmiths

court"

court" "

Regulations,

"6.

Merchant

first proviso to

"by writ of summons"

"by sworn application"

Shipping

regulation

(Shipping

24(1)

Organisations -

regulation

"any writ of summons"

"any sworn application"

Private

24(2)

Companies)

Regulations,

regulation

"by writ of summons"

"by sworn application"

32(1)

regulation

" any w r it o f sum m o ns

"any sworn application

32(3)

filed under subregulation

filed

under

(1) and of any judgment

subregulation (1) and of

given thereon to be served

any judgment given

on the Registrar for

thereon to be served on

registration, and the said

the Registrar for

writ of summons shall,"

registration, and the said

sworn application

shall," "

"7.

Continuation

regulation

"by writ of summons"

"by sworn application" "

of Companies

15(2)

Regulations,