SERVICE OF SUMMONS BY ELECTRONIC MAIL REGULATIONS

SERVICE OF SUMMONS BY ELECTRONIC MAIL

SUBSIDIARY LEGISLATION 291.07

SERVICE OF SUMMONS BY ELECTRONIC MAIL

REGULATIONS

15th July, 2015

LEGAL NOTICE 222 of 2015, as amended by Legal Notices 135 of 2021

and 199 of 2023.

The title of these regulations is the Service of Summons by

Electronic Mail Regulations.

(Regulation 3)

DECLARATION in terms of regulation 3

I................................................ holder of Identity Card number ...........................

in my name/ on behalf of ................................................................... (enter name of

body corporate having distinct legal personality, where applicable) hereby state that

I have registered for electronic services relating to the Local Enforcement System

through the eServices website at www.les.gov.mt.

I hereby agree to accept all summons issued to me in my name/on behalf of

.......................................................................................................... (enter name of

body corporate having distinct legal personality, where applicable) where such

summons are delivered to the following email address: .............................................

(enter email address).

I also confirm that I accept in my name/ on behalf of .............................................

(enter name of body corporate having distinct legal personality, where applicable)

to have been fully notified in terms of the law with all the summons received by

electronic mail at the email address aforementioned.

Signatory

Signature ...............................................................

Witness (authorised officer)

Signature ..................................................................

Name .......................................................................

ID Card number .............................................

Date: ....................../......................../..............

SERVICE OF SUMMONS BY ELECTRONIC MAIL

In these regulations, unless the context otherwise requires -

"authorised officer" means the person or body entrusted with the

service of judicial acts by virtue of the Commissioners for Justice

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

Act, or any other law;

"electronic mail" means the transmission of messages via a

computer network;

"principal Act and regulations" means the Commissioners for

Justice Act and the regulations made under it;

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

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

(Regulation 4)

CERTIFICATE OF NOTIFICATION

Date of Summons: ...................../................./...............

Summons Number: ......................................................

Name of person summoned: ..........................................

Date when summons was sent by electronic mail

............/........../................

Date when summons was delivered by electronic mail

…./……../……....

I, the undersigned .................................................. hereby confirm that I obtained

the above information from the data of the Local Enforcement System. A copy of

this data is being attached and marked as Doc A.

Signature of authorised officer .....................................................

Date ............../...................../..................

(1) Without prejudice to the provisions of the principal Act

and regulations, notification of a summons may also be effected by

the delivery of the summons through electronic mail.

(2) Any person listed in sub-regulation (3) who is interested in

subscribing to the service of summons by electronic mail shall register

for electronic services relating to the Local Enforcement System either

by signing a declaration in the presence of an authorised officer which

must be completed in the form prescribed in Schedule 1, or else

through e-iD.

(3) The registration for electronic services shall be made by

and the signatory of the declaration shall be

(a) a person who has attained the age of eighteen years, in

relation to a natural person;

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

representation, in relation to a body corporate having a

distinct legal personality.

(1) For all intents and purposes of the law, the summons shall

be deemed to have been served on the day and time that the electronic

mail is sent to the address indicated in the prescribed form, according

to the Local Enforcement System data.

(2) The authorised officer shall on the same day that the

electronic mail has been read or, at the latest, on the following

working day, draw up a Certificate of Notification in the form

prescribed in Schedule 2.

SERVICE OF SUMMONS BY ELECTRONIC MAIL

(3) A copy of such certificate shall be filed by the authorised

officer in the acts of the proceedings in front of the Local Tribunal.

(4) No proof other than the Certificate of Notification is

required for the validity of service of the summons.

(5) The Commissioners for Justice may however require that

any such certificate be confirmed on oath by the authorised officer

and any such oath shall be administered by the said

Commissioners.

SERVICE OF SUMMONS BY ELECTRONIC MAIL