91 tal-2015 - Regolamenti tal-2015 li jissostitwixxu l-Ewwel Skeda li tinsab mal-Att dwar ir-Reġistru Pubbliku

L.N. 91 of 2015

PUBLIC REGISTRY ACT

(CAP. 56)

Public Registry Act (Substitution of First Schedule)

Regulations, 2015

BY VIRTUE of the powers granted by article 39 of the Public

Registry Act, the Minister for Home Affairs and National Security, in

consultation with the Minister for Finance, has made the following

regulations:-

(1)

The title of these regulations is the Public Registry Citation and

Act (Substitution of First Schedule) Regulations, 2015, and these commencement.

regulations shall be read and construed as one with the First Schedule

to the Public Registry Act, hereinafter referred to as "the First Cap. 56.

Schedule".

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

on 1st January, 2015.

The First Schedule shall be substituted by the following

Substitutes the

First Schedule.

"FIRST SCHEDULE

TARIFF

(Article 3)

€

A. Privileges and hypothecs

1. For every note for registration or of renewal of registration

where the amount of debt -

(a) does not exceed €2,329.37 ............................................

2.60

(b) exceeds €2,329.37 but does not exceed €46,587.47 ......

65

(c) exceeds €46,587.47 ......................................................

25.65

and in addition two euro and sixty cents (€2.60) in respect of

each €2,329.37 or part of €2,329.37 over and above the initial

€46,587.47

(d) where the amount of debt is not stated ..........................

2.60

For every note for registration where the debt is an annuity or

a pension, the fees laid down in the foregoing scale shall be

levied in the following manner, namely

(a) if the annuity is constituted in perpetuity or for twenty

years or more, or for an indefinite period, the fee is to

be assessed on the total amount payable during the

period of twenty years;

(b) if the annuity is constituted for a definite period under

twenty years, the fee is to be assessed on the total

amount payable during such period;

(c) if the annuity is constituted for the life or lives of any

person or persons, the fee is to be assessed on the total

amount payable during the period of twelve years.

2. For every note relating to an assignment, a reduction, or

cancellation including the relative reference to be entered in

the registers ..............................................................................

B. Enrolments

8. For every note for the enrolment of a public will, for every

note for the enrolment of the opening of a secret will, and for

every note containing a declaration causa mortis .....................

9. For every declaration to renounce an inheritance, every note of

renunciation made on the taking of monastic vows, of an

endowment, of a marriage contract without the conveyance of

immovables, of a counter declaration to a marriage contract, of

personal separation and cessation of the community of

acquests, and for any other note relating to any power of

attorney, notarial deed, judgment or decree of a court, where

the value involved is not ascertainable .....................................

10. For every other note relating to any notarial deed, judgment or

decree of a court, where the value involved is ascertainable -

(a) and does not exceed €2,329.38 .....................................

(b) exceeds €2,329.38 but does not exceed €46,587.47 ......

(c) exceeds €46,587.47 ......................................................

and in addition two euro and sixty cents (€2.60) in respect of

each €2,329.38 or part of €2,329.38 over and above the initial

€46,587.47

For every note for enrolment relating to an annuity or a

pension the fees laid down in the foregoing scale shall be

levied in the following manner, namely

(a) if the annuity is constituted in perpetuity, or for twenty

years or more, or for an indefinite period, the fee is to

be assessed on the total amount payable during the

period of twenty years;

(b) if the annuity is constituted for a definite period under

twenty years, the fee is to be assessed on the total

amount payable during such period;

(c) if the annuity is constituted for life or lives of any

person or persons, the fee is to be assessed on the total

amount payable during the period of twelve years.

11. For every reference to be entered in the registers .....................

C. Applications, Searches and Certificates

For every application for a search for entries against a

particular individual or company (where the particulars do not

correspond, two or more applications have to be submitted and

shall be deemed to have always been necessary), provided that

where the application is subm it ted by a gov ern men t

department the application fee shall be reduced by half ...........

And, in addition, there shall be payable

(a) for every copy, irrespective of the number of pages, of

a note of preference, reference, enrolment or other

record forming part of the search ..................................

Provided that where the applicant,

(i) orders such copy through a remote site, even when

such record does not form part of the search; or

(ii) accesses the remote site on the status of his own

applications for a search,

no extra charge shall be levied as is due for the copy or search

as the case may be;

(b) where as part of the search, instead of a full copy of the

note, only an indication thereof is given, such as ''GPP''

for guarantee of peaceful possession ''D/M'' for

different maternity, or similar note in lieu of the full

copy ..............................................................................

When the application refers to the verification and

certification of non-computerised searches, in addition to the

minimum application fee mentioned in paragraph C1 hereof,

as well as in addition to the charge mentioned in the same

paragraph whenever a particular note is not recorded in the

searches presented for verification and certification, a copy of

the missing note is provided with the result, including the

checking of notes of reference in respect of particular notes of

preference not forming part of an official search application, a

charge, per match, of

(a) for the first 99 matches .................................................

(b) where the number is 100 matches but does not exceed

200 charge per match within this band ..........................

(c) where the number is 200 matches but does not exceed

500 charge per match within this band ..........................

(d) where the number is 500 matches but does not exceed

1000 charge per match within this band ........................

(e) where the number is 1000 matches or over, charge per

match within this band ..................................................

Request to update an official search issued during the ninety

days prior to the request ...........................................................

For a special certificate (Public Registry Certificate) of any

entry issued as a true copy of any entry following an ad hoc

request in terms of article 30 of the Act and not forming part

of an official search ..................................................................

For every certificate relating to the wills made by any

particular person irrespective of the number of pages

(including the fee for the search)

(a) where an application does not require a search in pre-

1972 records .................................................................

(b) in all other cases ...........................................................

Application to be registered as an agent ...................................

When a person makes a special arrangement with the Director

whereby the latter is to provide him with copies of all notes of

preference to which such person may be a party during the six

months next following such arrangement, for every informal

copy irrespective of the number of pages, so long as the

number of copies ordered are more than 50 ..............................

For accessing the electronic records from a remote site, the

charge per search carried out in accordance with the

parameters of Parts A or B of the Second Schedule hereof, up

to a maximum of fifty records at any one time .........................

Provided that, irrespective of the number of electronic records

available, where the applicant chooses to limit the access, the

charge shall be, where those records cover the latest -

(a) 30 days as currently available .......................................

(b) 90 days as currently available .......................................

(c) 120 days as currently available .....................................