LOCAL TRIBUNALS (DELIVERY OF SUMMONS) REGULATIONS (deliveryofsummons)

SUBSIDIARY LEGISLATION 291.01

LOCAL TRIBUNALS (DELIVERY OF SUMMONS)

REGULATIONS

18th March, 2004

LEGAL NOTICE 133 of 2004, as amended by Legal Notices 423 of 2007

426 of 2012 and 136 of 2020.

The title of these regulations is the Local Tribunals

(Delivery of Summons) Regulations.

QUDDIEM

Data: 05/Feb/2004 Seduta Mosta 17/Mar/2004 16.30 Kontrav Nru: 901-98177-9 Nru 9434

Ta]rika 2

Innotifika lil: Mario Farrugia, Fredlin, 151 Triq }amri, Naxxar.

MQASSMA

Isem u Kunjom tar-ri`evitur

Data u }in

Post fejn Tqassmet (jekk differenti milli jidher fuq)

Jiena, .........................................................................., hawn ta]t iffirmat, nikkonferma illi

dan ta’ hawn fuq huwa korrett.

Firma ta’ l-Uffi`jal_......................................... Data.................................

WARA

MA RRISPONDA }ADD

1. Data u }in

1. Post

2. Data u }in

2. Post

Peress illi ma rrisponda ]add, jien ]allejt it-ta]rika/wa]]alt it-ta]rika mal-bieb, fl-a]]ar

indirizz re[istrat, u `joè .................................................................................................., nhar

.................... data_............................ fi ..................... ]in_........................

_

IRRIFJUTATA

Data u }in

Post

G]alkemm it-ta]rika [iet rifjutata jien ]allejtha fl-indirizz indikat fuq it-ta]rika/................,

nhar .................................. data_........................ fi ................... ]in ..................

Rimarki O]ra .........................................................................

Jiena, ....................................................., hawn ta]t iffirmat, nikkonferma illi dan ta’ hawn

fuq huwa korrett.

Firma ta’ l-Uffi`jal_....................................... Data ................................

In these regulations, unless the context otherwise requires -

"the Agency" means the Local Enforcement System Agency

established by the Local Enforcement System (Establishment as an

Agency) Order;

''community officers'' means any person duly licensed in

accordance with article 14 of the Private Guards and Community

Officers Act;

''household'' includes, any person who at the time of delivery of

summons, lives, even though temporarily, at the particular last

registered address or postal address;

"identity document" shall have the same meaning as assigned to

it in the Identity Card and other Identity Documents Act;

"Identity Malta Agency" means the Agency established by the

Identity Malta Agency (Establishment) Order;

''judicial act'' means any act made in writing in terms of the

provisions of the Commissioner for Justice Act or regulations made

under the provisions of the same Act and includes summons and

subpoenas;

''last registered address'' means

(i)

in relation to a person, the address shown on the identity

document of such person;

(ii) in relation to a body corporate having distinct legal

personality,

(a) the address of the registered office shown on the

registration of that body corporate with any state

body or authority in Malta with which it is

obliged, under any law, to be registered in order

to function; or

(b) if there is no obligation to register, the address

of the main office given on the voluntary

registration by such body corporate with any

state body or authority.

''officer'' means community officers, officers of the Post Office,

Police officers, and any other body or persons entrusted with the

service of judicial acts by virtue of the Commissioners for Justice

Act or any other regulations made under the provisions of this same

Act, or any other law;

''officers of the Post Office'' means post-officers duly employed

in the business of the Post Office;

''place of work'' means any place where the person works,

whether as employer, employee or service provider, whether full-

time or part-time, whether for any remunerative consideration or

otherwise on a voluntary basis;

''place of business'' means the business address from where a

main business is conducted, and this includes but is not limited to,

the address or addresses from where the administration and, or the

m an a g e m e n t a n d , o r t h e m ai n d e a l i n g s o f t h e b u s i n e s s a r e

conducted;

''postal address'' means

(i)

in relation to a natural person, the address where the

person usually receives his mail, or to such other place

that may have been indicated by the person to the

officers of the Post Office, and

(ii) in relation to a body corporate having distinct legal

personality, the last registered address;

''service'' means any service whether such service is given on a

permanent basis or whether it is given on a temporary basis;

''statement'' means the declaration made by the officer charged

with the notification of judicial acts, which declaration must be

drawn up on the certificate of notification by the officer charged

with the notification, which certificate must be completed in the

form prescribed in the Schedule;

''summons'' means an order in writing issued in accordance with

article 5(3) and (4) of the Commissioners for Justice Act;

''subpoena'' means a witness summons whereby a person is called

upon to give evidence before a Local Tribunal, and such subpoena

shall contain an order to appear at a stated place and time for the

purpose of giving evidence before the Local Tribunal.

(1) Notification of a summons shall be effected by the

delivery of the summons

(a) at any place in Malta or Gozo personally to the person

on whom the summons is to be served, or

(b) by leaving such summons at the postal address or last

registered address of such person, or

(c) by leaving such summons at the place of business or

place of work of such person

Provided that notification in terms of paragraph (b) shall

only be valid if the summons is left with some member of his

family or household, or with a person giving him a service in that

household

Provided also that notification in terms of paragraph (c)

shall only be valid if the summons is left with some person in his

service or employment, or his attorney, or person authorised to

receive his mail

Provided further that it shall not be lawful to leave such

summons with any person under the age of fourteen years, or with

any person who, on account of infirmity of mind, is unable to give

evidence of such service, and that a person shall be presumed to be

able to give evidence unless the contrary is proven.

(2) No objection may be raised on the ground of irregularity of

the notification for any of the reasons stated in the above provisos

if it results that the summons has actually reached the person to be

served therewith or if the person appears before the Tribunal.

In the case of a body having a distinct legal personality,

n o t i f i c a t i o n o n s u c h b o d y s h a l l b e e ff e c t e d b y l e a v i n g t h e

summons

(a) at its place of business, or postal address or last

registered address with any of the persons vested with

the legal or judicial representation thereof, or with any

company secretary, or with any other person

authorised in writing by such body to receive such

summons, or with any person in its service or

employment; or

(b) with any of the persons vested with the legal or

judicial representation thereof, with any company

secretary or with any other person authorised in

writing by such body to receive such summons in the

manner provided for in regulation 3.

In the case of persons on board ships, other vessels or

aircrafts, or members of the crew having no place of residence in

Malta, notification may be effected by delivering such summons to

the master or captain of the ship, vessel or aircraft or to any other

person acting in their behalf or, in the absence of such persons, on

the agent of the ship or other vessel, as the case may be, or in the

absence of such persons and agent, on curators appointed by the

court in terms of article 929 of the Code of Organization and Civil

Procedure.

Where a person to whom a judicial act is addressed, or a

person who is obliged to accept notification on behalf of the person

to whom the judicial act is addressed, refuses to receive it

personally from an officer charged with the notification of the

judicial act, such officer shall leave the judicial act as near as

reasonably possible to the person who refuses to accept the judicial

act and the person to whom the judicial act is addressed shall be

deemed regularly notified on the day and time of the refusal of

notification.

(1)(a) In the event that with the second attempt to notify the

person, notification of the judicial act cannot be

effected in terms of regulations 3 and 4, the officer

charged with the notification shall leave the summons

at the last registered address or affix it to the door of

that last registered address

Provided that the officer may not leave the

summons at the last registered address or affix it to the

door of that last registered address unless the second

attempt has been carried out the next following day or

after the lapse of any longer period.

(b) Moreover abstracts of the judicial acts shall be

published once in the Government Gazette or one daily

newspaper, which abstracts shall contain the name and

surname of the offender, a legally valid identification

document number of the offender, the respective Local

Tribunal where the sitting is going to be held, the

sitting date and time, and the regulation breached.

(c) However, if the last registered address is not known, it

shall suffice and a pers on shall be deemed to be

notified, if abstracts of the judicial act are published in

accordance with paragraph (b).

(2) The officer who effects notification in terms of

subregulation (1)(a) and (b) shall draw up a certificate of service in

terms of regulation 12.

(3) Copies of the abstracts published as required by the proviso

to subregulation (1)(b) shall be exhibited before the Local Tribunal

by the Prosecuting Officer and such fact shall be noted down in the

Local Tribunal proceedings.

(4) Notification effected in terms of subregulation (1) shall, in

all cases, be deemed to have been made three days following the

publication.

Regulation 7 shall also apply when notification has not

been effected and it appears to the officer charged with the

notification that one of the persons mentioned in regulation 4 is

present in Malta.

(1) Notification of subpoenas shall be carried out in

accordance with regulations 3 to 5 and regulation 10

Provided that if a person to whom a subpoena is addressed,

or a person who is obliged to accept notification on behalf of the

person to whom the subpoena is addressed, refuses to receive it

personally from an officer charged with the notification of the

s u m mo ns , such o ffi c e r sh a l l leave the subpoena as near a s

reasonably possible to the person who refuses to accept the

subpoena and such person may be found guilty of contempt.

(2) The officer charged with the notification shall fill in the

certificate of notification in accordance with regulation 12.

For the purpose of these regulations, service of all the

judicial acts filed or issued by the Local Council or Local Tribunal

shall be carried out by Community Officers, and, or by officers of

the Post Office, and, or by Police officers, and, or any other body or

persons entrusted with such service by virtue of the Commissioners

for Justice Act as contained under the Schedule or any other

regulations made under the provisions of this same Act, or any

other law

Provided that precautionary and executive warrants shall

only be served or executed by officers of the courts and by Police

officers.

Notification of judicial acts shall be executed between

seven o’clock in the morning and seven o’clock in the evening,

between Monday and Saturday both days inclusive, excluding

public holidays.

Nevertheless where the urgency of the case does not admit

of any delay the Commissioner may order the notification to be

made at any other time or day.

(1) The Minister may appoint an authorised server for the

purpose of carrying out duties in or connected with the delivery of

summons and, or other judicial acts, which duties shall be carried

out in accordance with the conditions listed in the authorisation

appointing the authorised server therewith.

(2) The Minister shall verify that the person who is to be

appointed as an authorised server and any person who is employed

with the authorised server and who has the effective control of the

services to be provided by the person who is to be appointed as the

authorised server

(a) has not been convicted in Malta or elsewhere of any

crime of wilful homicide or of wilful grievous bodily

harm or any crime against property aggravated by an

amount exceeding two thousand and three hundred and

twenty-nine euros and thirty-seven cents (2,329.37) or

by violence or any crime against public trust or any

other serious crime; or

(b) has not been declared bankrupt or his financial

position is precarious or otherwise renders the

applicant unsuitable; or

(c) has not been discharged from the Police or armed

forces or the prison services because of any offence or

other misbehaviour; or

(d) is not a public officer other than one who belongs to a

grade or category as may be prescribed by the

Minister, or a member of the Police, or armed forces,

or the prison services; or

(e) has not been convicted in Malta or elsewhere of a

crime against the person or against property and the

application is made within five years from the

commission of the crime.

(3) No person shall operate, act or offer his services as an

authorised server, unless such person is authorised in accordance

with the provisions of these regulations. Nor may such person

employ, engage or permit the use of the service of a server unless

such service is provided by a qualified server. For the purpose of

these regulations, a server shall mean an individual whose services

are rendered in the provision of authorised server services.

(4)

It shall not be lawful to employ, engage or permit the use of

the service of a server unless the server is operating through the

authorised server duly authorised in accordance with these

regulations.

The officer charged with the notification of the summons

shall, draw up a certificate of notification stating the name and

surname of the person on whom service was effected and, if the

summons was not served directly on the person on whom service

was to be effected, the name and the surname of the person to

whom the summons was delivered. The officer shall also note down

the place where the summons was served, date and time when the

summons was served

Provided that if the person refuses to accept the summons in

terms of regulation 4 the officer shall, also note down the fact

together with the circumstances of such refusal, on the certificate

of notification

Provided that, if notification is effected in terms of

regulation 7(1)(b) it shall be sufficient if the officer, on the

certificate of notification, states and confirms the place, day and

time he attempted notification

Provided also that if the judicial act is delivered, in respect

of a person at one of the places referred to in regulation 3(b) and, in

respect of a body corporate or incorporate at one of the places

referred to in regulation 4(a) or (b) above, the person to whom the

summons was delivered refuses to identify himself, and the officer

charged with the service is satisfied that the person who refuses to

receive and, or identify himself is of age and of sound mind, it shall

be sufficient if, on the certificate of notification, the officer notes

down the facts of the case, the date and time when notification was

effected and the place where notification was effected.

Nevertheless, for the purpose of this regulation, delivery in terms

of regulation 4(b) shall be limited to the procedure stipulated in

regulation 3(b).

The officer charged with the notification of the summons

may also, on the certificate of notification, note down any other

relevant remarks.

The officer charged with the service shall draw up the

ce rt ific ate of no ti fi cat ion u sin g th e fo rm prescrib ed in t he

Schedule.

The certificate of notification shall be deemed to be proof

of its own contents unless otherwise proven by any party in the

proceedings and such proof provided by the contending party

appears justified prima facie to the adjudicator of the Tribunal or of

the Court.

Nothing contained in these regulations shall be construed

to be inconsistent with the provisions of the Commissioners for

Justice Act or the Criminal Code.

The Agency shall have the power to demand from the Identity

Malta Agency information concerning the last registered address of a

physical person for the purposes of these Regulations.

LOCAL TRIBUNALS (DELIVERY OF SUMMONS)