222 tal-2015 - Regolamenti tal-2015 dwar in-Notifika ta’ Taħrikiet bil-Posta Elettronika

L.N. 222 of 2015

COMMISSIONERS FOR JUSTICE ACT

(CAP. 291)

Service of Summons by Electronic Mail Regulations, 2015

BY virtue of the powers conferred by articles 6 and 13 of the

Commissioners for Justice Act, the Minister for Justice, Culture and

Local Government has made the following regulations

The title of these regulations is the Service of Summons by Citation.

Electronic Mail Regulations, 2015.

(Regulation 3)

DECLARATION in terms of regulation 3

I………………................................... holder of Identity Card

number …………..................... in my name/ on behalf

of……………..................................................................................

(enter name of body corporate having distinct legal personality,

where applicable) hereby state that I have registered for electronic

services relating to the Local Enforcement System through the

eServices website at www.les.gov.mt.

I hereby agree to accept all summons issued to me in my name/

on

behalf

of

…………………................................................................................

(enter name of body corporate having distinct legal personality,

where applicable) where such summons are delivered to the

following

email

address:……………………………............................... (enter email

address).

I also confirm that I accept in my name/ on behalf of

…………………............................................................. (enter name

of body corporate having distinct legal personality, where applicable)

to have been fully notified in terms of the law with all the summons

received by electronic mail at the email address aforementioned.

Signatory

Signature ………………………………........…………

Witness (authorised officer)

Signature…………………………….....................................……

Name…………………...................................................................

ID Card number………………………..

Date: ……./……../……....

In these regulations, unless the context otherwise requires - Interpretation.

"authorised officer" means the person or body entrusted

with the service of judicial acts by virtue of the Commissioners Cap. 291.

for Justice Act or any other regulations made under the

provisions of the same Act, or any other law.

"electronic mail" means the transmission of messages via a

computer network;

"principal Act and regulations" means the Commissioners

for Justice Act and the regulations made under it;

"summons" means an order in writing issued in accordance

with article 5(3) and (4) of the Commissioners for Justice Act. Cap. 291.

(Regulation 4)

CERTIFICATE OF NOTIFICATION

Date of Summons: ……./……../……....

Summons Number: ....................................................................

Name of person summoned: ........................................................

Date when summons was sent by electronic mail

……./……../……....

Date when summons was delivered by electronic mail

……./……../……....

Date when summons was read by electronic mail

……./……../……....

I, the undersigned……………………………… hereby confirm

that I obtained the above information from the data of the Local

Enforcement System. A copy of this data is being attached and

marked as Doc A.

Signature of authorised officer ...................................................

Date ……./……../……....

€0.36

(1)

Without prejudice to the provisions of the principal Service.

Act and regulations, notification of a summons may also be effected

by the delivery of the summons through electronic mail.

(2) Any person listed in sub-regulation (3) who is interested in

subscribing to the service of summons by electronic mail shall

register for electronic services relating to the Local Enforcement

System and sign a declaration in the presence of an authorised officer

which must be completed in the form prescribed in Schedule 1.

(3) The registration for electronic services shall be made by

and the signatory of the declaration shall be

(a)

a person who has attained the age of eighteen

years, in relation to a natural person;

(b)

any of the persons vested with the legal or judicial

representation, in relation to a body corporate having a distinct

legal personality.

(1)

For all intents and purposes of law the summons

shall be deemed to have been served on the day and time that the

electronic mail sent to the address indicated in the prescribed form

has been read according to the Local Enforcement System data.

(2) The authorised officer shall on the same day that the

electronic mail has been read or, at the latest, on the following

working day, draw up a Certificate of Notification in the form

prescribed in Schedule 2.

(3) A copy of such certificate shall be filed by the authorised

officer in the acts of the proceedings in front of the Local Tribunal.

(4) No proof other than the Certificate of Notification is

required for the validity of service of the summons.

(5) The Commissioners for Justice may however require that

any such certificate be confirmed on oath by the authorised officer

and any such oath shall be administered by the said Commissioners.