Regulations, 2008

L.N. 347 of 2008

ADMINISTRATIVE JUSTICE ACT

(CAP. 490)

Administrative Review Tribunal and Appeals therefrom

Regulations, 2008

IN exercise of the powers conferred by articles 11(2), 12(1) and

(3), 16, 21, 22(2), 22(4) and 22(8) of the Administrative Justice Act, the

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

Prime Minister, has made the following regulations:-

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

Administrative Review Tribunal and Appeals Therefrom Regulations, commencement.

2008. (2) These regulations shall come into force on the 1 st January,

2009.

Tariff A – Fees payable in connection with

proceedings before the Administrative Review Tribunal

1. For the filing of any application ................................. €15

2. For the filing of any reply …........................................€15

3. The fees established in paragraphs 1 and 2 of this Tariff

shall include the filing of all other acts of procedure and services

(including but not limited to the filing of warrants for the examination

of witnesses, the examination itself, recording fees, transcriptions and

copies, the services of judicial assistants, decrees and declarations

prior to definitive judgment, taxed bill of costs and copies of the

judgment) required following the initiation of the case through the

said act up to and including final judgment but excluding any fees due

for the notification of acts or any fees which the Tribunal may be

required to pay to third parties.

4. No fee shall be levied for the filing of any note of

admission of a claim provided that the claim is admitted in full and

unconditionally before any contestation thereon.

5. (1) For every notification of an act of procedure,

including expenses incurred in the execution of such notification, the

following fees shall be due

(i)

registry fee ...........................................……………… €5

(ii) fee due to the executive officer effecting the service ...€2

Provided that if service is to be effected outside normal

working hours, the fees contained in this paragraph shall be increased

by 100%.

(2) Notwithstanding anything contained in this Tariff, if the

notification of any act is to be executed personally by an executive

officer of the Tribunal, the following additional fees shall be due, for

each notification

(i)

registry fee ........................................……..………… €5

(ii) fee due to the executive officer effecting the service ... €2.

(3) The fees established in subparagraph (2) shall not apply

when service is to be effected personally by an executive officer of

the Tribunal in terms of any law, and in such cases the fees

established in subparagraph (1) shall apply.

Tariff B - Fees payable in connection

with proceedings before the Court of Appeal

1. For the filing of any application of appeal .................... €25

2. For the filing of an answer to an application of appeal ..€25

3. The fees established in paragraphs 1 and 2 of this Tariff

shall include the filing of all other acts of procedure and services

(including but not limited to the filing of warrants for the examination

of witnesses, the examination itself, recording fees, transcriptions and

copies, the services of judicial assistants, decrees and declarations

prior to definitive judgment, taxed bill of costs and copies of the

judgment) required following the initiation of the cause through the

said act up to and including final judgment but excluding any fees due

for the notification of acts and any fees due to referees or experts

appointed by the Court of Appeal or any fees which the Court of

Appeal may be required to pay to third parties.

Tariff C: Professional Fees

1. A fee of €80 shall be taxed by the Secretary for

professional services rendered before the Tribunal by any advocate or

legal procurator assisting any of the parties where the amount in

dispute does not exceed €600.

2. A fee in accordance with the Tariff for professional fees in

cases appearing before the Court of Magistrates shall be taxed by the

Registrar for professional services rendered before the Tribunal by

any advocate or legal procurator assisting any of the parties where the

amount in dispute exceeds €600.

3. A fee of €175 shall be taxed by the Registrar, Civil Courts

and Tribunals, for professional services rendered before the Court of

Appeal by any advocate or legal procurator assisting any of the

parties

Provided that fees for services not specifically provided for

in this Tariff but provided for in other Tariffs contained in the Code of

Organization and Civil Procedure shall be taxed according to those

Tariffs.

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

€0.37

(1)

In these regulations, unless the context otherwise Interpretation.

requires:-

“the Act” means the Administrative Justice Act;

“Chairperson” means any Chairperson of the Administrative

Review Tribunal appointed in terms of article 8(2) of the Act;

“Secretary” means the Secretary to the Tribunal;

“Tribunal” means the Administrative Review Tribunal.

(2) Other words and expressions contained in these regulations

shall have the same meaning assigned to them in the Act.

(1) A Chairperson shall upon appointment take the Oath of office of

a Chairperson.

following oath before the Court of Appeal

“I ………………………… (add name and surname) hereby

declare that I will examine and decide the cases brought before me

with impartiality, fairness and according to law. So help me God.”.

(2) The said oath shall be signed by a Chairperson and shall

also be dated. It shall be deposited with the Tribunal’s Secretary.

(1) An Assistant shall upon appointment take the

following oath before the Chairperson

“I ………………………… (add name and surname) hereby

declare that I will assist the Chairperson of the Administrative

Review Tribunal impartially, fairly and according to law. So help me

God.”.

(2) The said oath shall be signed by an Assistant and shall also

be dated. It shall be deposited with the Tribunal’s Secretary.

(1)

The Tribunal shall hold sittings in Malta and in

Gozo.

(2) In Malta, the Tribunal shall hold its sittings in the building

where the Courts of Justice ordinarily meet.

(3) In Gozo, the Tribunal shall hold its sittings in the building

where the Court of Magistrates (Gozo) ordinarily meets.

(1) The Registry of the Civil Courts and Tribunals,

Malta, shall be the Registry of the Tribunal in Malta.

(2) The Registry of the Civil Courts and Tribunals, Gozo, shall

be the Registry of the Tribunal in Gozo.

(1) When the Tribunal meets in Malta, the Registrar,

Civil Courts and Tribunals, shall perform duties of Secretary of the

Tribunal.

(2) When the Tribunal meets in Gozo, the Registrar, Civil

Courts and Tribunals, Gozo shall perform the duties of Secretary of

the Tribunal.

The provisions of regulations 5 to 11 of the Civil

Procedure (Regulation of Registries, Archives and Functions of

Director General (Courts) and Other Court Executive Officers)

Regulations shall mutatis mutandis apply to the Tribunal and to the

Secretary of the Tribunal.

The forms set out in Schedule B to the Code of

Organization and Civil Procedure, where and to the extent applicable,

shall mutatis mutandis, apply.

The tariffs in the Schedule shall be levied by the Secretary

to the Tribunal.