SERVICE OF SUMMONS BY ELECTRONIC MAIL [ S.L.291.07 1 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
- The title of these regulations is the Service of Summons by Electronic Mail Regulations.
- 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; Citation. Interpretation. Cap.
- "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. 3.
(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. Cap. 291. Cap. 291. Service. Amended by: L.N. 135 of 2021.
(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. 4.
(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. Date of service. Amended by: L.N. 199 of 2023. 2 [ S.L.291.07 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 [ S.L.291.07 3 SCHEDULE 1 (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: ....................../......................../.............. 4 [ S.L.291.07 SERVICE OF SUMMONS BY ELECTRONIC MAIL SCHEDULE 2 (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 ............../...................../..................