ADMINISTRATIVE REVIEW TRIBUNAL AND APPEALS THEREFROM REGULATIONS

ADMINISTRATIVE REVIEW TRIBUNAL

AND APPEALS THEREFROM

SUBSIDIARY LEGISLATION 490.01

ADMINISTRATIVE REVIEW TRIBUNAL AND

APPEALS THEREFROM REGULATIONS

1st January, 2009

LEGAL NOTICE 347 of 2008, as amended by Legal Notices 58 of 2015

and 508 of 2021.

The title of these regulations is the Administrative Review

Tribunal and Appeals therefrom Regulations.

Substituted by

L.N. 58 of 2015.

Tariff A - Fees payable in connection with

proceedings before the Administrative Review

Tribunal

1. For the filing of any application ............................................................ €40

2. For the filing of any reply ...................................................................... €25

3. The fees established in paragraphs 1 and 2 of this Tariff shall include the

filing of all other acts of procedure and services (including but not limited to the

filing of warrants for the examination of witnesses, the examination itself, recording

fees, transcriptions and copies, the services of judicial assistants, decrees and

declarations prior to definitive judgment, taxed bill of costs and copies of the

judgment) required following the initiation of the case through the said act up to and

including final judgment but excluding any fees due for the notification of acts or

any fees which the Tribunal may be required to pay to third parties.

4. No fee shall be levied for the filing of any note of admission of a claim

provided that the claim is admitted in full and unconditionally before any

contestation thereon.

5. (1) For every notification of an act of procedure, including expenses

incurred in the execution of such notification, the following fees shall be due

(i)

registry fee ....................................................................................... €6

(ii) fee due to the executive officer effecting the service ................... €1.20

Provided that if service is to be effected outside normal working hours, the

fees contained in this paragraph shall be increased by 100%.

(2) Notwithstanding anything contained in this Tariff, if the notification of any

act is to be executed personally by an executive officer of the Tribunal, the following

additional fees shall be due, for each notification

(i)

registry fee ....................................................................................... €6

(ii) fee due to the executive officer effecting the service ................... €1.20.

(3) The fees established in subparagraph (2) shall not apply when service is to

be effected personally by an executive officer of the Tribunal in terms of any law,

and in such cases the fees established in subparagraph (1) shall apply.

Tariff B - Fees payable in connection

with proceedings before the Court of Appeal

1. For the filing of any application of appeal ............................................. €80

2. For the filing of an answer to an application of appeal ........................... €50

3. The fees established in paragraphs 1 and 2 of this Tariff shall include the

filing of all other acts of procedure and services (including but not limited to the

filing of warrants for the examination of witnesses, the examination itself, recording

fees, transcriptions and copies, the services of judicial assistants, decrees and

declarations prior to definitive judgment, taxed bill of costs and copies of the

judgment) required following the initiation of the cause through the said act up to

and including final judgment but excluding any fees due for the notification of acts

and any fees due to referees or experts appointed by the Court of Appeal or any fees

which the Court of Appeal may be required to pay to third parties.

ADMINISTRATIVE REVIEW TRIBUNAL

AND APPEALS THEREFROM

Tariff C: Professional Fees

1. A fee of €80 shall be taxed by the Secretary for professional services

rendered before the Tribunal by any advocate or legal procurator assisting any of the

parties where the amount in dispute does not exceed €600.

2. A fee in accordance with the Tariff for professional fees in cases appearing

before the Court of Magistrates shall be taxed by the Registrar for professional

services rendered before the Tribunal by any advocate or legal procurator assisting

any of the parties where the amount in dispute exceeds €600.

3. A fee of €175 shall be taxed by the Registrar, Civil Courts and Tribunals, for

professional services rendered before the Court of Appeal by any advocate or legal

procurator assisting any of the parties

Provided that fees for services not specifically provided for in this Tariff but

provided for in other Tariffs contained in the Code of Organization and Civil

Procedure shall be taxed according to those Tariffs.

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Administrative Justice Act;

"Chairperson" means any Chairperson of the Administrative

Review Tribunal appointed in terms of article 8(2) of the Act;

"Secretary" means the Secretary to the Tribunal;

"Tribunal" means the Administrative Review Tribunal.

(2) Other words and expressions contained in these regulations

shall have the same meaning assigned to them in the Act.

(1) A Chairperson shall upon appointment take the

following oath before the Court of Appeal

"I .................................. (add name and surname) hereby declare

that I will examine and decide the cases brought before me with

impartiality, fairness and according to law. So help me God.".

(2) The said oath shall be signed by a Chairperson and shall

also be dated. It shall be deposited with the Tribunal’s Secretary.

(1) An Assistant shall upon

appointment

take

the

following oath before the Chairperson

"I .................................. (add name and surname) hereby declare

that I will assist the Chairperson of the Administrative Review

Tribunal impartially, fairly and according to law. So help me God.".

(2) The said oath shall be signed by an Assistant and shall also

be dated. It shall be deposited with the Tribunal’s Secretary.

(1)

The Tribunal shall hold sittings in Malta and in Gozo.

(2) In Malta, the Tribunal shall hold its sittings in the building

where the Courts of Justice ordinarily meet.

(3) In Gozo, the Tribunal shall hold its sittings in the building

where the Court of Magistrates (Gozo) ordinarily meets.

(1) The Registry of the Civil Courts and Tribunals, Malta,

shall be the Registry of the Tribunal in Malta.

(2)

The Registry of the Civil Courts and Tribunals, Gozo, shall

ADMINISTRATIVE REVIEW TRIBUNAL

AND APPEALS THEREFROM

be the Registry of the Tribunal in Gozo.

(1) When the Tribunal meets in Malta, the Registrar, Civil

Courts and Tribunals, shall perform duties of Secretary of the

Tribunal.

(2) When the Tribunal meets in Gozo, the Registrar, Civil

Courts and Tribunals, Gozo shall perform the duties of Secretary of

the Tribunal.

The provisions of regulations 5 to 11 of the Civil Procedure

(Regulation of Registries, Archives and Functions of Director Courts

(Gozo) and other Court Executive Officers) Regulations shall mutatis

mutandis apply to the Tribunal and to the Secretary of the Tribunal.

The forms set out in Schedule B to the Code of

Organization and Civil Procedure, w here and to th e ext ent

applicable, shall mutatis mutandis, apply.

The tariffs in the Schedule shall be levied by the Secretary

to the Tribunal.

ADMINISTRATIVE REVIEW TRIBUNAL

AND APPEALS THEREFROM