Commencement Notice

L.N. 17 of 2013

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES

(AMENDMENT) ACT, 2011

(ACT NO. XXIV OF 2011)

Commencement Notice

IN exercise of the powers conferred by article 1(2) and (3) of the

Notarial Profession and Notarial Archives (Amendment) Act, 2011

(Act XXIV of 2011), hereinafter referred to as "the Act", amending

the Notarial Profession and Notarial Archives Act (Cap 55),

hereinafter referred to as "“the principal Act", the Minister for Fair

Competition, Small Business and Consumers

(a)

has established

(i) the 1st January, 2013 as the date when the

provisions of the following articles of the Act shall be

deemed to have come into force, subject to the applicable

provisions of article 103 of the Act and to the applicable

amendments made by the Notarial Profession and Notarial

Archives (Amendment) Act, 2012 (Act XIX of 2012),

hereinafter referred to as "the 2012 Act". The articles are

article 5 of the Act, article 7 of the Act (saving the

provisions of article 6(1)(a) of the principal Act which

have already come into force; and subject, with regard to

the applicability of article 6(1)(c) and 6(1)(d) of the

principal Act, to the provisions of article 103(4)(a) of the

Act as amended by article 17(a) of the 2012 Act), article 11

of the Act (as subject to the provisions of article 103(7) of

the Act), article 14 of the Act, article 15 of the Act, article

19 of the Act (as subject to the provisions of article

103(10) of the Act), article 55(a)(i) of the Act (as

substituted in its Maltese version by article 9 of the 2012

Act), article 57 of the Act, article 60(c) of the Act, article

61 of the Act (as substituted in its Maltese version by

article 10 of the 2012 Act), article 65(c) and 65(d) of the

Act, article 99(b), 99(c), 99(d), 99(e), 99(f) and 99(g) of

the Act (as substituted by article 16 of the 2012 Act and

renumbered as article 99(b), 99(c), 99(d), 99(dd), 99(e),

99(f), 99(g) and 99(gg) of the Act), article 100 of the Act,

and article 102 of the Act;

(ii) the 1st April, 2013 as the date when the

provisions of the following articles of the Act shall come

into force, subject to the applicable provisions of article

103 of the Act and to the applicable amendments made by

the Notarial Profession and Notarial Archives

(Amendment) Act, 2012 (Act XIX of 2012), hereinafter

referred to as "the 2012 Act". The articles are article 20 of

the Act (as amended by article 7 of the 2012 Act), article

21 of the Act, article 22 of the Act, article 23(a)(ii), 23(b),

23(c), 23(d), 23(e), 23(f), 23(g) (the latter paragraph (g)

shall refer to notarial acts whenever published), 23(h),

23(i), 23(k)(i), 23(k)(ii) and 23(k)(iii) of the Act, article 24

of the Act, article 25 of the Act, article 26 of the Act,

article 30 of the Act, article 31 of the Act, article 32 of the

Act, article 33 of the Act, article 34 of the Act, article

38(b) of the Act (as substituted in its Maltese version by

article 8 of the 2012 Act), article 48(f) of the Act (which

shall refer to notarial acts whenever published, and to the

registers thereof), article 54 of the Act (which shall refer to

notarial acts whenever published, and to the registers

thereof), and article 56 of the Act;

(b)

has declared and, where necessary, established

(i) that in terms of art 103(13)(b) of the Act,

article 72 of the Act, which adds Part IVA and articles 94A

and 94B to the principal Act, came into force on the 1st

January, 2013, but as amended by the provisions of article

11 of the 2012 Act;

(ii) that in terms of art 103(13)(a) of the Act, the

amendments made by the Act to the provisions of Title I of

Part VI of the principal Act, that is the amendments made

by the Act by means of articles 78, 79, 80, 81, 82, 83, 84,

85, 86, 87, 88, 89, 90 and 91 of the Act came into force on

the 1st January, 2013. Of such articles of the Act, the

provisions of the following articles of the Act came into

force as amended by the following provisions of the 2012

Act, namely, article 78 of the Act as amended by article 12

of the 2012 Act, article 80 of the Act as amended by article

13 of the 2012 Act, article 83 of the Act as amended in its

Maltese version by article 14 of the 2012 Act, and article

86 of the Act as amended by article 15 of the 2012 Act;

(iii) that in terms of article 103 of the Act, the

following provisions of the Act came into force on the 1st

November, 2012, but they are subject to what is stated

hereunder, namely

-

article 8 of the Act, which substitutes

article 7 of the principal Act, came into force on that

date in terms of the provisions of article 103(5) of

the Act, but the applicability of the provisions of

article 6(1)(c) and (d) of the principal Act, referred

to in the substituted article 7 of the principal Act, is

subject to the provisions contained in article

103(4)(b) and (c) of the Act as amended by article

17(a) of the 2012 Act;

-

article 9 of the Act, which substitutes

article 8 of the principal Act, came into force on that

date in terms of the provisions of article 103(6) of

the Act as amended by article 17(b) of the 2012 Act,

but the applicability of article 6(1)(c) and 6(1)(d) of

the principal Act, referred to in the substituted

article 8 of the principal Act, is subject to the

provisions contained in article 103(4)(b) of the Act

as amended by article 17(a) of the 2012 Act; and the

applicability of the provisions of the substituted

article 8(7) of the principal Act, is subject to the

provisions contained in article 103(6) of the Act as

amended by article 17(b) of the 2012 Act; and

-

article 10 of the Act, which substitutes

article 9 of the principal Act, came into force on that

date in terms of the provisions of article 103(6) of

the Act;

(c)

has deleted any reference to article 91 of the Act

from the Commencement Notice contained in Legal Notice 498

of 2011, which brought into force as from the 1st January, 2012

the provisions of various articles of the Act. The deletion was

made in view of the fact that the Act itself establishes the date

of coming into force of the provisions of article 91 of the Act.

Such deletion shall be deemed to have come into force on the

1st January, 2012.

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