46 tal-2008 - Regolamenti tal-2008 li jemendaw ir-Regolamenti dwar il-Proċedura Ċivili (Regolament tar-Reġistri, Arkivji u Funzjonijiet tad-Direttur Ġenerali tal-Qrati u ta’ Uffiċjali Eżekuttivi tal-Qorti Oħra)

L.N. 46 of 2008

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Civil Procedure (Regulation of Registries, Archives and

Functions of Director General (Courts) and Other Court

Executive Officers) (Amendment) Regulations, 2008

IN virtue of the powers conferred by articles 27, 28, 57, 58, 65,

66, 67, 69, 109 and 1009B of the Code of Organisation and Civil

Procedure, the Minister responsible for Justice, in concurrence with

the Prime Minister, has made the following regulations:-

The title of these regulations is the Civil Procedure Citation.

(Regulation of Registries, Archives and Functions of Director

General (Courts) and Other Court Executive Officers) (Amendment)

Regulations, 2008 and they shall be read and construed as one with

the Civil Procedure (Regulation of Registries, Archives and S.L. 12. 21

Functions of Director General (Courts) and Other Court Executive

Officers) Regulations, hereinafter in these rules referred to as "the

principal regulations".

In sub-regulation (2) of regulation 3 of the principal Amends

regulations, for the words "regulation 8(2)(a) and (c) to (n)" there regulation

the principal

shall be substituted the words "regulation 8(2)(a) and (c) to (m) (both regulations.

inclusive)".

In sub-regulation (2) of regulation 4 of the principal Amends

regulations, for the words "regulation 8(2)(a) and (c) to (n)" there regulation

the principal

shall be substituted the words "regulation 8(2)(a) and (c) to (m) (both regulations.

inclusive)".

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a)

in subregulation (2) thereof

(i)

paragraph (e) thereof shall be deleted; and

(ii) paragraphs (f) to (n) thereof shall be

respectively renumbered as paragraphs (e) to (m);

(b) in subregulation (3) thereof, for the words

"subregulation (2)(a) to (e) (both inclusive) and (i)" there shall

be substituted the words "subregulation (2)(a) to (d) (both

inclusive) and (h)"; and

(c)

in subregulation (4) thereof, for the words

"subregulation (2)(a) to (d) (both inclusive) and (i) and (j)"

there shall be substituted the words "subregulation (2)(a) to (d)

(both inclusive) and (h) and (i)".

Immediately after subregulation (1) of regulation 9 of the

principal regulations there shall be added the following new proviso

"Provided that in case of an emergency which affects the

proper functioning of any one of the registries, the responsible

Registrar may, with the consent in writing of the Chief Justice

or, if the Chief Justice cannot easily be found, with the consent

in writing of the Senior Administrative Judge or of the Senior

Magistrate, extend the working hours of the registry for a

determined period of time by means of a notice posted in the

same registry.".

Immediately after regulation 11 of the principal

regulations, there shall be added the following new regulation

Notwithstanding the foregoing

"Supervisory

role of the Chief

provisions of these regulations, the Director-

Justice.

General or any person authorised by him

under these regulations, in the exercise of his

functions thereunder, shall ensure that he does

not interfere in any manner in the exercise of

judicial functions by the members of the

judiciary and, should this be the case, the

Chief Justice shall, by written notice under his

hand and in terms of this regulation, overrule

any such decision of the Director General;

and, in doing so, the Chief Justice may give

such directions to the Director General or to

any delegate thereof which might appear to the

Chief Justice to be in the interests of the better

administration of justice in the instant case.".

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