Judicial Times Regulations, 2020

L.N. 141 of 2020

LEGAL AND OTHER TIME PERIODS

(SUSPENSION AND INTERRUPTION) ACT

(CAP. 609)

General Provisions applying to the Suspension of Legal and

Judicial Times Regulations, 2020

IN EXERCISE of the powers conferred by article 3 of the Legal

and Other Time Periods (Suspension and Interruption) Act, the

Minister of justice has made the following regulations:-

(1) The title of these regulations is the General

Provisions applying to the Suspension of Legal and Judicial Times

Regulations, 2020.

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

on the 2nd April, 2020.

In these regulations, unless the context otherwise requires

"the Act" means the Legal and Other Time Periods

(Suspension and Interruption) Act;

"court" shall have the same meaning assigned to it in the

Act as may be amended from time to time;

"registered promise of sale agreement" means a promise of

sale agreement, registered with the Commissioner of Inland

Revenue in terms of law within the period established by law;

"registry" means the registry of any court;

"Superintendent" shall have the same meaning as assigned

to it in the Public Health Act.

(1) Following the publication of the Closure of the

Courts of Justice Order, the Minister, by virtue of these regulations

hereby suspends the running of any time period

(a) under any substantive or procedural law, including

any period of prescription and any peremptory period;

(b) decreed or otherwise ordered by any court,

government department, government agency or public authority;

(c) established in any agreement (whether a private

writing or a public deed), including any time period for the

performance of any obligation set out in such agreement, if and

to the extent that the closure has a direct effect on the ability of

any party to exercise its rights or to perform its obligations in

terms of the same agreement.

(2) Any time periods suspended in accordance with paragraphs

(a) and (b) of sub-regulation (1) shall remain so suspended until seven

(7) days following the lifting of the said order of the Superintendent

and shall thereafter continue to run.

(3) Any time period suspended pursuant to paragraph (c) of

sub-regulation (1) shall remain suspended until the twentieth (20th)

day following the lifting of the said order of the Superintendent and

shall thereafter continue to run.

(4) For the avoidance of doubt, but without prejudice to the

generality of sub-regulation (1), the suspension in sub-regulation (1)

shall apply to each of the following

(a) the running of all the legal periods imposed on a

notary public by law to register any deed, will, act or private

writing; or

(b) the running of any period within which a notary

public, in terms of any applicable law, must pay taxes collected

by him in the exercise of his profession; or

(c) the running of any time period related to fiscal

benefits, incentives or exemptions;

(d) the running of any time period within which a notary

public is to submit any information or documentation to any

authority or regulator pursuant to relevant notarial activity; and

(e) the running of time with respect to the performance of

any obligation contained in any deed or private writing,

including a registered promise of sale agreement; and the

running of time with respect to the expiration of any registered

promise of sale agreement.

(5) Any time period suspended pursuant to sub-regulation (4)

shall remain suspended for the same period prescribed by sub-

regulation (3).

The provisions of these regulations are without prejudice to Savings.

any order made by the Superintendent in terms of the Public Health Cap. 465.

Act and nothing in these regulations shall be interpreted as a limitation

or an amendment to any such order. Where these regulations and any

order issued by the Superintendent provide for different time limits the

longer time limits provided for shall apply.

€0.27