36 tal-2015 - Regolamenti tal-2015 li jissostitwixxu Certi Tariffi li jinsabu mal-Kodiċi ta’ Organizzazzjoni u Proċedura Ċivili

L.N. 36 of 2015

CODE OF ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Code of Organization and Civil Procedure

(Substitution of Certain Tariffs) Regulations, 2015

BY VIRTUE of the powers granted by articles 1007 and 1009B

of the Code of Organization and Civil Procedure, the Minister for

Justice, Culture and Local Government has made the following

regulations:-

(1)

The title of these regulations is the Code of

Organization and Civil Procedure (Substitution of Certain Tariffs)

Regulations, 2015, and these regulations shall be read and construed

as one with the tariffs in Schedule A to the Code of Organization and

Civil Procedure, hereinafter referred to as "the Schedule".

(2) These regulations shall be deemed to have come into force

on 1st January, 2015.

Tariff A of the Schedule shall be substituted by the

following

"TARIFF A

Fees payable in respect of the trial of causes in the Registries of the

Superior Courts of Justice and the Courts of Magistrates in Malta and

Gozo excluding the Court of Voluntary Jurisdiction

(a) In actions for personal separation, divorce, annulment,

maintenance, filiation, paternity, child abduction or custody,

relating to the civil status of a person, relating to human

rights or relating to general elections and in actions of

possession and jactitation suits or concerning personal injury,

claims for the payment of wages or claims for unjust

dismissal from employment, all the fees provided for in this

Tariff, with the exception of the tariff stated in paragraph 3

shall be rebated by ..............................................................

50%

Provided that in the case of actions for the correction or

cancellation of registrations on the basis of article 253 of

Cap. 16 …….........………...............................................

€20

(b) The same shall apply with regard to the execution of a

promise of sale or of a promise of transfer both of movable

and immovable property.

(c) No fees shall be due for any act filed by a curator ex officio

acting in that capacity, subject to a refund by plaintiff at the

termination of proceedings.

2 (1) For the filing of any petition, sworn application or other act of

procedure containing a claim which initiates a contentious

procedure in a Court of First Instance and requiring the decision of

a Judge or Magistrate as well as for any reply, answer or other act

of procedure in reply thereto and intended to contest, whether

totally or partially, the claim made ..................................................

Provided that the above fee shall include the filing of all other acts

of procedure and court services (including but not limited to filing

of warrants for the examination of witnesses, the examination

itself, recording fees, transcriptions and copies, the services of

judicial assistants, the transmission of the records of causes, taxed

bill of costs and copies of the judgement) required following the

initiation of the cause through the said act up to and including final

judgement but excluding any fees due for the notification of acts

and fees due to referees or experts appointed by the Court or any

fees which the Court may be required to pay to third parties.

(2) For the filing of any petition, sworn application or other legal

act initiating a contentious procedure in a Court of Appeal and

requiring the decision of a Judge as well as for any reply, answer

or other act of procedure in reply thereto and intended to contest,

whether totally or partially, the appeal ...........................................

Provided that in respect of an answer to an appeal which does

not contain a cross appeal, there shall be paid a fee of ...............

Provided that no fee shall be payable under this paragraph for any

appeal filed in terms of any other law which already provides a fee

to be paid for such an appeal

Provided further that the above fees shall include the filing of all

other acts of procedure and court 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, the transmission of the records

of causes, taxed bill of costs and copies of the judgement) required

following the initiation of the appeal through the said act up to and

including final judgement but excluding any fees due for the

notification of acts and any fees due to referees or experts

appointed by the Court or any fees which the Court may be

required to pay to third parties.

(3) No fee shall be levied under this paragraph 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.

3 (1) In addition to the fees stated in paragraph 2, on the filing any

petition, application, or other act of procedure containing a claim

which initiates a contentious procedure in a Court of First Instance

and requiring the decision of a Judge or Magistrate and when the

registry fee is assessable on a determinate value or on a value

which may be determined according to law or from the act itself,

the following fees shall also be due

(a) up to €7,000 per €100 or part thereof ......................................

(b) in respect of any value in excess of €7,000 up to €10,000, per

€100 or part thereof ................................................................

(c) in respect of any value in excess of €10,000 up to €25,000 per

€100 or part thereof ................................................................

(d) in respect of any value in excess of €25,000 up to €100,000

per €100 or part thereof ..........................................................

(e) in respect of any value in excess of €100,000 up to €200,000,

per €100 or part thereof ..........................................................

(f)

in respect of any value in excess of €200,000, per €100 or

part thereof .............................................................................

Provided that the fees established in sub-paragraphs (a) to (f) of

this paragraph shall be inclusive of any declaration, which may be

necessary, and of any decree given in a cause up to final

judgement.

(2) (a) In addition to the fees stated in paragraph 1, on the filing of a

statement of defence, answer or other act of procedure filed

in reply to a claim and intended to contest, whether totally or

partially, a claim made in a Court of First Instance, the fees

stated in sub-paragraph (1) of this paragraph shall also be due

but shall be rebated by ............................................................

(b) The amount to be paid in accordance with subparagraph (a)

of this paragraph is to be paid not later than the day preceding

the day of the first court sitting in the case, and in the event

that such payment is not effected, such act of procedure shall

be deemed not to have been done.

(c) In computing such amount, the Registrar shall, together with

the notified act concerning which the act is done, inform such

person of the amount to be paid and by which date.

(d) In the case of special summary proceedings or proceedings in

the Court of Magistrates or any other proceedings where the

act of procedure is filed in the Court and not in the registry,

the fees due shall be paid not later than the day preceding the

day of the sitting following the filing of the act, and if such

payment is not effected, such act of procedure shall be

deemed not to have been done.

(e) The provisions of subparagraph (c) shall not apply in the

eventualities provided for in subparagraph (d).

(3) Any counter-claim contained in any act of procedure stated in

sub-paragraphs (1) or (2) of this paragraph shall be treated as if it

is a new claim and the fees set out in sub-paragraphs (1) and (2) of

this paragraph shall be levied on the counter claim and the reply

thereto.

(4) In actions for personal separation, divorce, annulment,

maintenance, filiation, paternity, child abduction or custody,

relating to the civil status of a person, relating to human rights or

relating to general elections and in actions of possession and

jactitation suits or concerning personal injury, claims for the

payment of wages or claims for unjust dismissal from

employment, causes respecting the execution of a promise of

sale or of a promise of transfer both of movable and immovable

property, causes of spoliation requesting that works be carried out

under the supervision of the Court, the fees stated in this paragraph

shall not apply but there shall be levied a one time fee of ...............

(5) The fees established in sub-paragraph (1) of this paragraph

shall be raised by one-third on appeal, but no fee shall be due in

terms of subparagraph (2) of this paragraph.

(6) No fee shall be payable under this paragraph for any appeal

filed in terms of any other law which already provides a fee to be

paid for such an appeal.

(7) In the case of appeals filed in terms of any other law for

which no fee is established in terms of that law, including appeals

filed in terms of articles 41 and 75 of the Environment and

Development Planning Act (Cap. 504), the fees established in

terms of this paragraph shall not be due but there shall be levied a

one-time fee of ................................................................................

4 (1) When the value of a claim is uncertain or indeterminate and

the fees stated in paragraph 3 cannot be applied, the value of the

claim shall be assessed in accordance with the following rules

(a) In actions brought by the Government or by any Authority or

Public Corporation where the claim is for the recovery of a

penalty which has both a minimum and a maximum fixed by

law, the value to be assessed shall be the maximum amount

of the penalty fixed by law.

(b) In actions concerning the partition of property whether inter

vivos or causa mortis and independently of whether the actual

partition is requested or not, and in actions concerning

succession, the claimant may, together with his claim, submit

a list of the property the partition of which is being requested

or which is involved in the succession together with a

declaration, signed and attested to on oath by a perit in the

case of immovables and by a competent valuer in the case of

movables, certifying the valuation of such property, and the

value shall be assessed on the total sum shown on such

valuation

Provided that in no case shall the fee taxed be less than ..........

(c) In actions concerning the payment of annuities, allowances

and the like the fee taxed shall be ...........................................

(d) In actions relating to the ranking of creditors, bankruptcy

proceedings or any other adjudication upon competing claims

the claimant shall together with his claim submit a valuation

by a certified accountant of the assets and liabilities being the

subject of the claim and the value to be assessed shall be the

higher sum between the assets and liabilities

Provided that in no case shall the fee taxed be less than .........

(e) In causes concerning a claim that the Court declares that

plaintiff has a right to any property or on any property

against another person, the claimant shall submit a sworn

statement approximately attesting to the amount he

considers claiming should his right thereto be established

and the value on which the fee shall be taxed shall be such

value as is declared by plaintiff

Provided that in no case shall the fee to be taxed be less

than .................................................................................

(f)

In causes where the claim is for the Court to declare the

existence of a right of the claimant against any other person

which right may reasonably be inferred to be followed by a

liquidation of the amount due, even if such liquidation is not

requested in the claim, the claimant shall be obliged together

with his claim to submit a sworn declaration stating the

approximate sum which he believes he could claim if his

right is established, and the value to be assessed shall be the

value declared by the claimant

Provided that in no case shall the fee taxed be less than .........

(2) Where, notwithstanding the rules contained in sub-paragraph

(1) of this paragraph, the value is still uncertain or indeterminate,

the fee taxed shall not be less than ..................................................

(3) Notwithstanding the provisions of this paragraph, if,

following definitive judgement, the Court will have declared or

liquidated an amount as the value of the cause and that value is

determinate or shall be determined according to law and the fees

due on such value are higher than the amount paid as registry fees,

the Registrar of Courts may demand the difference from the party

filing the cause; and if at the end of proceedings the value shall

still be undeclared or undetermined by the parties or by the said

Court, the fees shall be established according to the minimum

to which there shall be added €600, saving the right which the

registrar has of taxing an additional fee if and when the case

may arise.........................................................................................

(4) Any action requesting the nullity of the issue of a

precautionary or executive warrant or requesting the issue of a

counter-warrant shall, independently of the act used to initiate the

action, be taxed as if it were an application for the issue of a

counter-warrant.

(5) Action for a declaration on point of law or of fact, the taxed

fee shall be .....................................................................................

5 (1) In cases of compromise or discontinuance of any cause in a

Court of First Instance

after contestation of the claim but before the first hearing of

the cause, all fees paid in terms of paragraph 3 or 4 will be

rebated by ..............................................................................

following the first hearing of the cause but not later than the

third sitting thereof, all fees paid in terms of paragraph 3 or 4

will be rebated by ...................................................................

following the third hearing of the cause but before the cause

has been put off for judgement, all fees paid in terms of

paragraphs 3 and 4 will be rebated by .....................................

(2) In cases of compromise or discontinuance of a cause in a

Court of Appeal the rebates established in the previous sub-

paragraph of this paragraph shall be applied as well but limited

only to the fees paid relative to the appeals procedure.

(3) The fees stated in paragraphs 2 to 4 of this Tariff shall also be

due on the filing of any application to a Court to be permitted to

file any statement of defence, answer or other act of procedure

filed in reply to a claim and intended to contest, whether totally or

partially, a claim made in a Court of First Instance or in a Court of

Appeal provided that in the event of a judgement of non-suit all

fees paid in terms of paragraphs 2 to 4 shall be rebated by .............

6 (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 ..............................................................

(ii) fee due to the executive officer effecting the service

Provided that if service is to be effected outside normal working

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

100%; and if such notification is made to the party’s legal

consultant within the Court building, the fee due shall be two

euro thirty-three cents (€2.33) for the full service.

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

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

officer of the Court, in cases where the law permits that service be

effected otherwise, the following additional fees shall be due for

each notification

(i)

registry fee ..............................................................

(ii) fee due to the executive officer effecting the service

(3) The fees established in sub-paragraph (2) shall not apply

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

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

established in sub-paragraph (1) of this paragraph shall apply.

7 For any other act of procedure indicated in the Code of

Organisation and Civil Procedure but for which no fee is

established in these Tariffs ..............................................................

8 For the opening of the registry outside working hours

(i)

registry fee ..............................................................

(ii) fee due to attending deputy registrar ........................

(iii) fee due to each executive officer required to effect

service ....................................................................

9 (1) Unless otherwise stated, all fees due shall be paid together

with the filing of the relative act and the Registrar shall not accept

for filing any act of procedure which is not accompanied by the

relative fee.

(2) The assessment of the Registrar on the amount of fees to be

paid shall be final.

(3) In assessing the fees laid down in this Tariff no account shall

be taken of any fraction of €1.

10 (1) The Court may, when delivering judgement, order that the

plaintiff or defendant in a cause pay increased costs to the

Registrar of Courts of not less than €500 and not more than €3,000

if the Court deems that the act of procedure initiating the claim or

the act of procedure in reply was frivolous or vexatious or that

either of the parties has unnecessarily prolonged the proceedings

and in such case such sum will not be recoverable from the other

party.

(2) The Court may, when delivering judgement, also refer to the

Commission for the Administration of Justice the advocate of the

plaintiff or of the defendant if the Court deems that the advocate is

responsible, wholly or partly, for the frivolous or vexatious act of

procedure or for prolonging the proceedings.

11 (1) The Registrar shall cause a taxed bill of costs to be kept in

the file of each cause and shall immediately enter therein all

payments made to the Registrar and all payments due to the

advocates and legal procurators of the parties and the parties, their

advocates and legal procurators shall have the right to a copy

thereof at any time.

(2) Within one month of the delivery of the definitive judgement,

the Registrar shall cause a final taxed bill of costs to be drawn up

and a copy thereof shall be sent to the parties and their advocates

and legal procurators.

(3) For filing any application requesting a new taxing of fees

or the approval of an itemization of expenses made under this

item there shall be paid a fee of ................................................

12 With respect to causes which have been presented prior to the

coming into force of this Tariff the Registrar shall, on the

conclusion of that cause or on the compromise or discontinuance

thereof, tax the fees due on the basis of this Tariff deducting

therefrom any sums paid to date and any difference in favour of

the Registrar shall be due by the party established in this Tariff

Tariff B of the Schedule shall be substituted by the Substitutes

Tariff B of the

following

Schedule.

"TARIFF B

Fees payable in respect of Judicial Acts and Services not connected

with the trial of causes in the Registries of the Superior Courts of

Justice and the Courts of Magistrates in Malta and Gozo excluding

the Court of Voluntary Jurisdiction

€

For the filing of any judicial letter or judicial protest but

excluding fees due for any notification required .........................

€15

Provided that when the judicial letter is required in terms of

articles 166A and 253(b) and (e) of Cap. 12

€30

For every certificate required to be issued by the

Registrar........................................................................................

€20

For legalising any note required to be registered in the Public

Registry .......................................................................................

€25

For the affixing of any seal of the Court where this is prescribed

by law or by the Court ..................................................................

€20

Provided that no fee shall be due when such seal is required on

any judicial act.

For every copy, authenticated or otherwise, for each page ..........

€0.35

Provided that no fee shall be due when the copies are provided

by the person filing the original act or when copies are requested

of a court order.

For every translation required by law or by the Court

registry fee ............................................................................

€40

fee due to the translator or interpreter ..................................

from €10 to

€100

For every search in the archives of the Court, per individual

cause ...........................................................................................

€5

and for any copy thereof, whether authenticated or not, per page

€0.35

For the administration of an affidavit not in connection with

court proceedings ........................................................................

€7

For the lodgement of any monies in Court, for any schedule of

set-off or redemption, a fee equal to ............................................

2%

of the money to be deposited, to be set-off or redeemed shall be

levied but such fee shall not include the notification of such

schedule on third parties indicated in the schedule and provided

further that in no case shall such fee be less than .........................

€25

Provided that when such lodgement or schedule is required by

law, a fee of €25 shall be paid in lieu of the fee of 2%.

10 For the lodgement in Court of any object not being monies

excluding the service of such schedule on third parties indicated

in the schedule .............................................................................

11 For the searching for and inspection of any application for the

withdrawal of any monies or things deposited in Court but not

including the notification of such application on third parties

indicated in the application and for any reply thereto ..................

12 For the opening of the registry outside working hours

(i) registry fee ................................................................

(ii) fee due to attending deputy registrar .......................

(iii) fee due to each executive officer required to effect

service ...........................................................................

13 (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 ................................................................

(ii) fee due to the executive officer effecting the

service ...........................................................................

Provided that if service is to be effected outside normal

working hours, the fees contained in this paragraph shall be

increased by 100%; and if the notification has to be made to

the legal consultant of the party, the fee due shall be two

euro thirty-three cents (€1) for the full service.

(2) Notwithstanding anything contained in this Tariff if the

notification of any act is to be executed personally by an

executive officer of the Court, in cases where the law permits

that service be effected otherwise, the following additional fees

shall be due for each notification

(i) registry fee ................................................................

(ii) fee due to the executive officer effecting the

service...........................................................................

(3)The fees established in sub-paragraph (2) shall not apply

when service is to be effected personally by an executive officer

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

established in sub-paragraph (1) of this paragraph shall apply.

14 For any other act of procedure indicated in the Code of

Organization and Civil Procedure but for which no fee is

established in these Tariffs ...........................................................

15 (1) All fees due shall be paid together with the filing of the

relative act and the Registrar shall not accept for filing any act

of procedure which is not accompanied by the relative fee.

(2) The assessment of the Registrar on the amount of fees to be

paid shall be final.

(3) In assessing the fees laid down in this Tariff no account

shall be taken of any fraction of €1.

16 (a) In actions for personal separation, divorce, annulment,

maintenance, filiation, paternity, child abduction or

custody, relating to the civil status of a person, relating to

human rights or relating to general elections and in actions

of possession and jactitation suits or concerning personal

injury, claims for the payment of wages or claims for unjust

dismissal from employment, all the fees provided for in this

Tariff shall be rebated by .....................................................

50%

The same shall apply in actions relating to the execution of

a promise of sale or of a promise of transfer both of

movable or immovable property.

(b) No fees shall be due for any act filed by a curator ex officio

".

acting in that capacity.

Tariff C of the Schedule A shall be substituted by the Substitutes

Tariff C of the

following

Schedule.

"TARIFF C

Fees payable in respect of Acts filed in the Court of Voluntary

Jurisdiction

For every application filed and for every answer thereto,

not being an application or answer indicated in any of the

following paragraphs of this Tariff .....................................

€15

Provided that the above fee shall include the filing of all

other acts of procedure and court services (including but

not limited to the filing of all procedural acts, examination

of witnesses, preparation and publication of notices, banns

and edicts, copies of decrees, taxation of fees and the like)

required following the initiation of proceedings through

the said application up to and including the final decree but

excluding any fees due to referees or experts appointed by

the Court or any fees which the Court may be required to

pay to third parties.

For the presentation of every secret will .............................

€50

For any obligation entered in the records of the Court

(i)

if the value of the estate does not exceed

€5,000 .......................................................

€50

(ii) if the value of the estate does not exceed

€20,000 ......................................................

€80

(iii) if the value of the estate does not exceed €

100,000 ...........................................................

€200

(iv) if the value of the estate exceeds €100,000 .....

€300

For every report on a reference as to the taxation of fees

(i)

registry fee ......................................................

€50

(ii) fee due to the referee appointed by the Court

€120

Provided that the Court may order that a higher fee be paid

to the referee appointed by the Court if it deems that the

work involved so warrants.

For the examination of accounts

(i)

registry fee ..............................................

€70

(ii) fee due to the expert appointed by the Court

€250

Provided that the Court may order that a higher fee be paid

to the expert appointed by the Court if it deems that the

work involved so warrants.

For every curatorship in cases of discharge or in

connection with edicts

(i)

registry fee ......................................................

€20

(ii) fee due to the curator appointed by the Court

€50

Provided that the Court may order that a higher fee be paid

to the curator appointed by the Court if it deems that the

work involved so warrants.

For the opening of the registry outside working hours

(i)

registry fee ......................................................

€60

(ii) fee due to attending deputy registrar ..............

€25

(iii) fee due to each executive officer required to

effect service ..................................................

€15

(1) The fees stated in paragraphs 1 to 5 of this Tariff are

inclusive of the filing of any subsequent act of procedure,

transport expenses for court executive officers, the filing

of valuations or reports by Court appointed experts, the

publication of banns and notices in the Government

Gazette and any other court service in connection thereto

and which is not specifically excluded by this Tariff.

(2) The fees stated in paragraphs 1 to 5 of this Tariff do

not include fees and expenses due to Court appointed

experts and to third parties, which fees and expenses shall

be taxed separately.

For any other service or act of procedure indicated in the

Code of Organization and Civil Procedure but for which

no fee is established in these Tariffs ...................................

€15

Provided that fees for services or acts not specifically

provided for in this Tariff but provided for in other Tariffs

shall be taxed according to those Tariffs but rebated by .....

75%

(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 ......................................................

€2.50

(ii) fee due to the executive officer effecting

service .....................................................

€0.60

(2) Notwithstanding anything contained in this Tariff, if

the notification is to be executed personally by an

executive officer of the Court in cases where the law

permits that service be effected otherwise, the following

fees shall be due for each notification

(i)

registry fee ......................................................

€25

(ii) fee due to the executive officer effecting the

service ............................................................

€5

(3) The fees established in sub-paragraph (2) shall not

apply when service is to be effected personally by an

executive officer of the Court in terms of any law, and in

such cases the fees established in sub-paragraph (1) of this

paragraph shall apply.

(4) In the case of circular letters requested by law the

50%

above fees shall be reduced by ............................................

(1) All fees due shall be paid together with the filing of

the relative act and the Registrar shall not accept for filing

any act of procedure which is not accompanied by the

relative fee.

(2) The assessment of the Registrar on the amount of fees

to be paid shall be final.

(3) In assessing the fees laid down in this Tariff no

account shall be taken of any fraction of €1.

No fees shall be due under this Tariff for any act filed by a

".

curator ex officio acting in that capacity.

Tariff D of the Schedule shall be substituted by the Substitutes

Tariff D of the

following

Schedule.

"TARIFF D

Fees payable in respect of Precautionary and Executive Acts and

Judicial Sales by Auction in the Registries of the Superior Courts of

Justice and the Courts of Magistrates in Malta and Gozo excluding

the Court of Voluntary Jurisdiction

€

For the filing of a warrant of prohibitory injunction

(i)

registry fee .......................................................

€150

(ii) fee due to the executive officer required to

€7

effect service, for each notification ..................

For the filing of a warrant of impediment of departure for

children

€60

fee due to the executive officer required to effect

service, for each notification ....................................

For the filing of any other warrant

(i)

registry fee .......................................................

(ii) fee due to the executive officer required to

effect service, for each notification .................

For the filing of any counter-warrant

(i)

registry fee ......................................................

(ii) fee due to the executive officer required to

effect service, for each notification ................

(1) (a)

For the filing of any application for a judicial sale

by auction of immovable property including an

application to re-appoint a judicial sale by auction

which has been suspended

(i)

registry fee .......................................................

(ii) fee due to the executive officer required to

effect service, for each notification .................

(b)

For filing any application for a judicial sale by

auction of movable property, including an

application for the re-appointment of a judicial

sale by auction which had been suspended

(i)

registry fee ......................................................

(ii) fee due to the executive officer required to

execute the notification, for each notification ..

(c)

No fee shall be levied for the suspension of a

judicial sale by auction or for the re-appointment of

a judicial sale by auction, the suspension of which

was due to any notification required by law not

having been effected or which has been suspended

by the court following the request of the debtor.

(2) The fees due in accordance with sub-paragraph (1) shall

include all services, fees and expenses required up to the sale

itself, except for fees due for the service of any judicial act,

which fees shall be taxed separately.

(3) For the storage in Government property of any movable to

be sold by auction, per day .......................................................

Provided that the applicant shall, together with the filing of the

application for the judicial sale by auction, deposit a sum

equivalent to seven days’ storage which sum shall be adjusted

following the adjudication of the sale or on its suspension.

(4) For the adjudication of any movable or immovable

following a judicial sale by auction, for every €100 .................

Provided that in no case shall the fee levied be less than .........

Provided further that when a licensed auctioneer performs the

auction, the fee established in the Auctioneers Act

shall, in addition be due to the auctioneer.

For the opening of the registry outside working hours

(i)

registry fee .......................................................

(ii) fee due to attending deputy registrar .................

(iii) fee due to each executive officer required to

effect service ...................................................

(1) Subject to sub-paragraph (2) of this paragraph, the fees

stated in paragraphs 1 to 4 of this Tariff are inclusive of all

expenses and services required in connection with the

execution of the relative act of procedure, any police assistance

which the executive officer may require in executing the act,

the filing of valuations or reports by Court appointed experts

and the publication of banns and notices in the Gazette.

(2) The fees stated in paragraphs 1 to 4 of this Tariff do not

include fees and expenses due to Court appointed experts and

to third parties which fees and expenses shall be taxed

separately.

For any other act of procedure indicated in the Code of

Organization and Civil Procedure but for which no fee is

established in these Tariffs ........................................................

For every notification, not previously mentioned in this Tariff,

of an act of procedure, including expenses incurred in the

execution of such notification, the following fees shall be due

(i)

registry fee ......................................................

(ii) fee due to the executive officer effecting the

service .............................................................

Provided that if service is to be effected outside normal

working hours, the fees contained in this paragraph shall be

increased by 100%.

10 Notwithstanding anything contained in this Tariff if the

notification is to be executed personally by an executive

officer of the Court in cases where the law permits that

notification be effected otherwise, the following fees shall be

due, for each notification

(i)

registry fee ......................................................

(ii) fee due to the executive officer effecting the

service .....................................................................

11 (a) In actions for personal separation, divorce, annulment,

maintenance, filiation, paternity, child abduction or

custody, relating to the civil status of a person, relating to

human rights or relating to general elections and in actions

of spoliation or concerning personal injury, claims for the

payment of wages or claims for unjust dismissal from

employment, actions of possession and jactitation suits

and actions in respect of the execution of a promise of

sale or of a promise of a transfer both of movable or

immovable property, all the fees provided for in this

Tariff shall be rebated by ..................................................

(b) No fees shall be due for any act filed by a curator ex

officio acting in that capacity.

11A For the filing of any warrant issued for the purpose of

enforcing a decision of the Consumer Claims Tribunal, all

the fees provided for in this Tariff shall be rebated by ........

12 (1) All fees due shall be paid together with the filing of the

relative act and the Registrar shall not accept for filing any act

of procedure which is not accompanied by the relative fee.

(2) The assessment of the Registrar on the amount of fees to

be paid shall be final.

(3) In assessing the fees laid down in this Tariff no account

shall be taken of any fraction of €1.

(4) For filing any application requesting a new taxing of

fees or the approval of an itemization of expenses made

under this article there shall be paid a fee of ........................

Tariff J of the Schedule shall be substituted by the

following

"TARIFF J

Fees payable in connection with Sea Protests proceedings

concerning Average

1 For the procedures required following the filing of any

application regarding sea protests or for proceedings touching

average up to the filing of the report

(i)

registry fee ...........................................................

(ii) fee due to the advocate .........................................

(iii) fee due to the judge delegate ................................

(iv) fee due to the deputy registrar ..............................

(v) fee due to the translator, if required ......................

(vi) fee due to the clerk transcribing the protest and

depositions, if required .........................................

(vii) fee due to the executive officer of the Court ........

2 When the sea protest is drawn up outside the edifice of the Law

Courts the fees stated in paragraph 1 of this Tariff shall be

increased by .................................................................................

Provided that if the sea protest is drawn up on board a ship lying

outside a harbour the fees stated in paragraph 1 of this Tariff shall

be increased by ........................................................................

3 Where the sea protest is drawn up at any time after 4.00pm and

before 9.00am the fees set out in paragraph 1 of this Tariff shall

be increased by .............................................................................

4 (1) The sea-protest shall be drawn up in English.

(2) An interpreter shall be employed when the declaration is

made or the evidence given in a language with which the judge is

not conversant.

Tariff L of the Schedule shall be substituted by the Substitutes

following

"TARIFF L

Fees payable in respect of proceedings under

article 257 of the Civil Code, Cap. 16.

Registry fee for the filing of any application or note ............

For subpoena of witness - for each witness ..........................

For every copy of any application or note - for every page ...

To the advocate or legal procurator - for any application or

note .....................................................................................

For other services in connection with these proceedings

.................................................................................... from

to

€1.44

00 am, id-drittijiet imsemmija fil-paragrafu 1 ta’ din it-Tariffa

jiżdiedu bi .......................................................................................

(1) It-testimonjal għandu jinkiteb bl-Ingliż.

(2) Għandu jiġi impjegat interpretu meta d-dikjarazzjoni ssir jew

ix-xiehda tingħata f’ilsien li l-Imħallef delegat ma jkunx jifhem.

7. It-Tariffa L għandha tiġi sostitwita b’dan li ġej

"TARIFFA L

Drittijiet li għandhom jitħallsu għal proċediment taħt l-artikolu 257

tal-Kodiċi Ċivili, Kap. 16

Dritt tar-reġistru għall-preżentata ta’ kull rikors jew nota ....

€10

Għal taħrikiet ta’ xhieda - għal kull xhud ............................

€0.40

Għal kull kopja ta’ kull rikors jew nota - għal kull faċċata ....

€0.35

Lill-avukat jew prokuratur legali - għal kull rikors jew nota .

Għal servizzi oħra dwar dawn il-proċedimenti minn

sa

€30 ".