EUROPEAN ACCOUNT PRESERVATION ORDER PROCEDURE ORDER [ S.L. 460.33 1 SUBSIDIARY LEGISLATION 460.33 EUROPEAN ACCOUNT PRESERVATION ORDER PROCEDURE ORDER 18th January, 2017 LEGAL NOTICE 72 of 2018, as amended by Legal Notice 32 of 2020. 1.
(1)The title of this Order is the European Account Preservation Order Procedure Order. Citation and scope.
(2)This Order implements the provisions of Regulation (EU) No 655/2014 of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters.
- In this Order, unless the context otherwise requires: "the Code" means the Code of Organization and Civil Procedure; "person" means a natural or legal person and includes a body or other association of persons whether granted legal personality, in accordance with the provisions of the Second Schedule to the Civil Code; Interpretation. Cap.
- Cap.
- "Preservation Order" means a European Account Preservation Order: Provided that any terms not defined in this Order shall have the same meaning as assigned to them in the EU Regulation; "EU Regulation" of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters.
- The First Hall Civil Court shall have jurisdiction to issue a Preservation Order under Article 6 of the EU Regulation. Issuance of a Preservation Order.
- The authority designated as competent for the purposes of obtaining the necessary information on the debtor’s account or accounts pursuant to Article 14 of the EU Regulation is the Registrar, Civil Courts and Tribunals. Information authority.
- The authority designated as competent to receive, transmit and serve the Preservation Order and other documents under the EU Regulation shall be the Office of the State Advocate. Competent authority. Amended by: L.N. 32 of
- Without prejudice to any other method available at law, Disclosure of bank account details. 2 EUROPEAN ACCOUNT PRESERVATION ORDER PROCEDURE ORDER [ S.L. 460.33 for the purposes of Article 14 of the EU Regulation, banks are obliged to disclose, upon request by the information authority, whether a person holds an account with them. Competent court to grant a remedy to the debtor. Appeals.
- The First Hall of the Civil Court shall have jurisdiction to grant a remedy in terms of Articles 33
(1), 34
(1)or 34
(2)of the EU Regulation. 8.
(1)An appeal against any decision: (
- a)of the First Hall of the Civil Court rejecting, wholly or partially, an application for a Preservation Order under article 3, shall, according to Article 21 of the EU Regulation, lie to the Court of Appeal: Provided that such an appeal shall only be available to the creditor; and (
- b)pursuant to Articles 33, 34 or 35 of the EU Regulation, shall, according to the provisions of Article 37 of the EU Regulation, also lie to the Court of Appeal.
(2)Appeals in terms of article
(1)(b) shall be lodged within six
(6)days from when the decision is read out in open court. Fees. 9. The fees applicable for the filing of: (
- a)an application for a Preservation Order shall be those established in paragraph 3 of Tariff D in Schedule A of the Code; (
- b)an application made in terms of article 7 shall be those established in paragraph 4
(4)of Tariff A in Schedule A of the Code; (c) an appeal from any decision of the First Hall of the Civil Court, shall be those established in paragraph 3
(7)of Tariff A in Schedule A of the Code; and (d) every notification of an act of procedure, including expenses incurred in the execution of such notification, the fees shall be those established in paragraph 6 of Tariff A in Schedule A of the Code.