LOCAL TRIBUNALS (ESTABLISHMENT OF TRIBUNALS AND DESIGNATION OF REGISTRY, REGISTRAR AND OTHER OFFICERS)

REGISTRAR AND OTHER OFFICERS)

SUBSIDIARY LEGISLATION 291.02

LOCAL TRIBUNALS (ESTABLISHMENT OF

TRIBUNALS AND DESIGNATION OF REGISTRY,

REGISTRAR AND OTHER OFFICERS)

REGULATIONS

30th March, 2004

LEGAL NOTICE 140 of 2004, as amended by Legal Notices 159 of 2004,

232 of 2011, 403 of 2014 and 255 of 2019.

The title of these regulations is the Local Tribunals

(Establishment of Tribunals and Designation of Registry, Registrar

and Other Officers) Regulations.

For the purposes of these regulations

"Act" means the Commissioners for Justice Act;

"authority" shall have the same meaning assigned to it in article

2 of the Act;

"Joint Committee" means a Committee set up by a number of

Local Councils in terms of the provisions of article 37(1) of the

Local Government Act to administer jointly the enforcement of

laws and regulations delegated to them

"Local Council", "locality" and "executive secretary" shall have

the same meaning assigned to them by the Local Government Act;

"Minister" means the Minister responsible for justice;

"Regional Committee" means any Committee set up under article

37(4) of the Local Government Act, and shall be composed of a

representative of each local council from each locality that forms

part of the Region according to the Eleventh Schedule to the Local

Government Act, presided by a regional representative elected

under the Local Councils (Association) Regulations;

"Registrar" means the Registrar of the Tribunal;

"Tribunal" means the Local or Regional Tribunals set up in terms

of the Act.

Tribunals shall be established in the following localities

(a) Qormi;

(b) San Ġwann;

(c) St. Paul’s Bay;

(d) Żejtun; and

(e) L-Għarb, Gozo.

(1) There shall be a Registrar for each Tribunal mentioned

in regulation 3.

(2) The Registrar of each Tribunal shall be such person as the

Director, Department for Local Government may appoint on the

recommendation of the Joint Committee or Regional Committee of

REGISTRAR AND OTHER OFFICERS)

the respective Tribunal.

(3) In the execution of his functions, the Registrar shall not be

subject to the direction or control of any person whatsoever except

that of a Commissioner for Justice and in such case the Registrar

shall follow the directions given to him by a Commissioner for

Justice.

(4) The Registrar shall exercise his duties personally or may

delegate all or any of his functions to any other person as he may

deem fit.

(5) Prior to the carrying out of his duties, the Registrar or such

other person mentioned in subregulation (4) shall take the oath of

office prescribed in article 60 of the Code of Organization and Civil

Procedure before a Commissioner for Justice.

(6) The duties of Registrar shall be those pertaining to the

Registrar of the Civil Courts and Tribunals as may be established

from time to time by or under the Code of Organization and Civil

Procedure.

(7) The Registrar shall have the direction of, and shall be

responsible for, the registry entrusted to him. He shall execute his

legal duties in terms of law and shall not, in the execution of his

legal duties under the Commissioners for Justice Act or under any

other law, act under the direction of any person or authority except

for the directions that may be given to them by the Commissioners

for Justice in terms of law.

(1) The Registry of each Tribunal shall be in the locality

where each Tribunal is established provided that judicial acts,

written pleadings and other documents may be kept in any place as

the Registrar may direct.

(2) The Registry of a Tribunal shall be competent to issue and

receive all judicial acts, written pleadings and other docurnents

required under the Act.

(3) The Registry of a Tribunal shall be open between 9.00 a.m.

and 3.00 p.m. from the 1st November to the 30th March and

between 9.00 a.m. and noon from the 1st April to the 30th October.

Sittings of Tribunals may be held on any day between

Monday and Saturday not being a public or national holiday as

provided in the National Holidays and Other Public Holidays Act

and between 9.00 a.m. and 7.00 p.m. according to a schedule drawn

up by the Joint Committee or Regional Committee of the respective

Tribunal and approved by the Minister.

For the purposes of article 10(5) of the Act penalties,

including additional penalties and expenses inflicted by the

Tribunal, and including penalties for contempt of court, related to

proceedings under any law or regulation, the enforcement of which

has been delegated to local councils, shall be due to the Local

Council and shall be collected on its behalf by the person having

the legal representation of that Local Council.

REGISTRAR AND OTHER OFFICERS)

Penalties, including additional penalties and expenses

inflicted by the Tribunal, and including penalties for contempt of

court, related to proceedings under any law or regulation the

enforcement of which has been delegated to Regional Committees,

shall be due to the Regional Committee and shall be collected on its

behalf by the person having the legal representation of that

Regional Committee.

Penalties, including additional penalties and expenses,

related to proceedings under any law or regulation the enforcement

of which has not been delegated to the Local Councils, and, which

m a y, a c c o r d i n g t o t h e p r o v i s i o n s o f t h e A c t b e d u e t o t h e

Government of Malta shall be collected by the Registrar on its

behalf and paid by him in the account of the Ministry responsible

for Justice.

Penalties, including additional penalties and expenses,

related to proceedings under any law or regulation the enforcement

of which has not been delegated to the Local Councils, and, which

may, according to the provisions of the Act be due to an Authority

shall be collected on its behalf by the person having the legal

representation of that Authority.