International Maintenance Obligations (Legal Aid) Order, 2019

L.N. 45 of 2019

EUROPEAN UNION ACT

(CAP. 460)

International Maintenance Obligations (Legal Aid) Order, 2019

IN EXERCISE of the powers conferred by article 4(2) of the

European Union Act, the Prime Minister, has made the following

order:-

The title of this order is the International Maintenance

Obligations (Legal Aid) Order, 2019.

(1)

This order implements the relevant provisions of

(a) Council Regulation (EC) No4/2009 of 18 December,

2008 on jurisdiction, applicable law, recognition and

enforcement of decisions and cooperation in matters relating to

maintenance obligations, insofar as these relate to legal aid; and

(b) the Hague Convention on the International Recovery

of Child Support and Other Forms of Family Maintenance, insofar

as these relate to legal assistance.

In article 928A of the Code of Organization and Civil

Procedure the definition "cross-border dispute" shall be substituted by

the following

" "cross-border dispute" means a dispute where the party

applying for legal aid in the context of the Directive is domiciled

or is habitually resident, as determined by Article 59 of Council

Regulation (EC) No. 44 of 2001, in a Member State other than

Malta or where the decision is to be enforced, with the exception

of disputes relating to maintenance obligations;".

Immediately after Title X A of the Code of Organization

and Civil Procedure there shall be added the following new Title

"Title X B

OF LEGAL AID IN CROSS-BORDER DISPUTES RELATING TO

MAINTENANCE OBLIGATIONS

928I. (1)

For the purposes of this Title

Interpretation.

"Central Authority" means the Director as designated

pursuant to International Maintenance Obligations Order or

such other authority as the Minister may by notice

designate from time to time;

"Contracting State" means a Member State of the

European Union or a Contracting State to the Convention, as

the case may be;

"the Convention" means the Hague Convention on the

International Recovery of Child Support and Other Forms of

Family Maintenance concluded on the 23rd November 2007;

"creditor" means any individual to whom

maintenance is owed or is alleged to be owed;

"decision" means a decision in matters relating to

maintenance obligations given by a court of a Contracting

State, whatever the decision may be called, including a

decree, order, judgment or writ of execution, as well as a

decision by an officer of the court determining the costs or

expenses;

"the Regulation" means Council Regulation (EC) No

4/2009 of 18 December 2008 on jurisdiction, applicable

law, recognition and enforcement of decisions and

cooperation in matters relating to maintenance obligations;

"requested Contracting State" means the Contracting

State whose Central Authority receives an application

pursuant to Chapter VII of the Regulation or pursuant to

Chapter III of the Convention;

"requesting Contracting State" means the Contracting

State whose Central Authority transmits an application

pursuant to Chapter VII of the Regulation or pursuant to

Chapter III of the Convention’.

(2) For the purposes of this Title, the term ‘court’

includes the administrative authorities of the Contracting

States with competence in matters relating to maintenance

obligations pursuant to the Regulation or the Convention, as

the case may be

928J. (1) An application for legal aid made by a

party to a dispute covered by the Regulation or the

Convention who is resident in Malta, being the requesting

Contracting State, shall be submitted to the Central

Authority which shall transmit such application to the

Central Authority of the requested Contracting State.

(2) Where an applicant for legal aid who is a party

to a dispute covered by the Regulation or the Convention is

resident in another Contracting State, being the requesting

Contracting State, the Central Authority shall receive and

transmit such application to the Advocate for Legal Aid.

928K. The Advocate for Legal Aid and the Registrar,

Waiver of fees.

as applicable, shall waive all fees pertaining to the

provision of the assistance referred to in Article 45 of the

Regulation, including in relation to the filing of any act, in

respect of any application made by a creditor under Article

56 of the Regulation or under Chapter III of the Convention,

concerning maintenance obligations arising from a parent-

child relationship towards a person under the age of 21

Provided that, in relation to applications other

than those for the recognition or recognition and

declaration of enforceability of decisions, or for the

enforcement of decisions given or recognised in Malta as

the requested Contracting State, the Advocate for Legal Aid

and, or the Registrar may refuse to apply this Article if they

consider that, on the merits, the application or any appeal or

review is manifestly unfounded

Provided further that where an applicant as

referred to in this article, having received free legal aid, is

unsuccessful in the case, the Advocate for Legal Aid and

the Registrar shall be entitled to recover the expenses so

waived, insofar as the applicant’s financial situation so

permits.".

€0.27