L O C A L T R I B U N A L S ( E S TA B L I S H M E N T O F T R I B U N A L S A N D D E SI G N AT I O N O F R E G I S T RY, REGISTRAR AND OTHER OFFICERS) [ S.L.291.02 1 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
- 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; Citation. Interpretation. Amended by: L.N. 159 of 2004; L.N. 232 of 2011; L.N. 403 of 2014. Cap. 291. Cap. 363. Cap. 363. "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; Cap.
- S.L. 363.06 "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 Establishment of tribunals. Amended by: L.N. 159 of 2004; L.N. 232 of
- Substituted by: L.N. 403 of
- Amended by: L.N. 255 of
- (e) L-Għarb, Gozo. 4.
(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 of Tribunal. Amended by: L.N. 159 of 2004; L.N. 232 of 2011. 2 [ S.L.291.02 L O C A L T R I B U N A L S ( E S TA B L I S H M E N T O F T R I B U N A L S A N D D E S I G N AT I O N O F R E G I S T RY, 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. Cap. 12. Cap. 12.
(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. Registry of the Tribunal. Amended by: L.N. 232 of 2011. 5.
(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 the Tribunal. Amended by: L.N. 159 of 2004; L.N. 232 of
- Cap.
- 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. Penalties due to Local Councils. Substituted by: L.N. 159 of 2004; L.N. 232 of
- 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. L O C A L T R I B U N A L S ( E S TA B L I S H M E N T O F T R I B U N A L S A N D D E SI G N AT I O N O F R E G I S T RY, REGISTRAR AND OTHER OFFICERS) [ S.L.291.02 3
- 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 due to Regional Committee. Added by: L.N. 232 of
- 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. Other penalties. Substituted by: L.N. 159 of
- Re-numbered by: L.N. 232 of
- 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. Penalties due to Authorities. Substituted by: L.N. 159 of
- Re-numbered by: L.N. 232 of 2011.