58 tal-2015 - Regolamenti tal-2015 li jemendaw ir-Regolamenti dwar it-Tribunal ta’ Reviżjoni Amministrattiva u Appelli Minnu

L.N. 58 of 2015

ADMINISTRATIVE JUSTICE ACT

(CAP. 490)

Administrative Review Tribunal and Appeals Therefrom

(Amendment) Regulations, 2015

BY VIRTUE of the powers granted by article 21 of the

Administrative Justice Act, the Minister for Justice, Culture and

Local Government, in consultation with the Minister for Finance, has

made the following regulations:-

(1)

The title of these regulations is the Administrative Citation and

Review Tribunal and Appeals Therefrom (Amendment) Regulations, commencement.

2015, and these regulations shall be read and construed as one with

the Administrative Review Tribunal and Appeals Therefrom S.L. 490.01

Regulations, hereinafter referred to as "the principal regulations".

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

on 1st January, 2015.

The Schedule to the principal regulations shall be Substitutes the

Schedule to the

substituted by the following

principal

regulations.

"SCHEDULE

Tariff A - Fees payable in connection with

proceedings before the Administrative Review Tribunal

1. For the filing of any application ...................................................... €40

2. For the filing of any reply ............................................................... €25

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.

Id-drittijiet stabbiliti fil-paragrafi 1 u 2 ta’ din it-Tariffa għandhom

jinkludu l-preżentata tal-atti l-oħra kollha tal-proċedura u notifiki (inklużi, iżda

mhux limitati għall-preżentata ta’ mandati għall-eżami ta’ xhieda, l-eżami

nnifsu, drittijiet għar-reġistrazzjoni, traskrizzjonijiet u kopji, is-servizzi ta’

assistenti ġudizzjarji, digrieti u dikjarazzjonijiet qabel is-sentenza finali, taxxi

tal-ispejjeż u kopji tas-sentenza) li huma meħtieġa wara li jinbeda l-każ permezz

ta’ dak l-att sa u inkluża s-sentenza finali, iżda mhux magħdudin id-drittijiet

dovuti għan-notifika tal-atti u drittijiet li t-Tribunal jista’ jkun meħtieġ iħallas lil

terzi.

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.

(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 ................................................................................ €6

(ii) fee due to the executive officer effecting the service .............. €1.20

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 ................................................................................. €6

(ii) fee due to the executive officer effecting the service .............. €1.20.

(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 ........................................ €80

2. For the filing of an answer to an application of appeal ...................... €50

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. ".

€0.18