ADMINISTRATIVE REVIEW TRIBUNAL AND APPEALS THEREFROM [ S.L.490.01 1 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. 1. The title of these regulations is the Administrative Review Tribunal and Appeals therefrom Regulations. Title. Substituted by: 2.
(1)requires: Interpretation. In these regulations, unless the context otherwise "the Act" means the Administrative Justice Act; Cap. 490. "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. 3.
(1)A Chairperson shall upon appointment take the following oath before the Court of Appeal: Oath of office of a Chairperson. "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. 4.
(1)An Assistant shall upon following oath before the Chairperson: appointment take the Oath of office of an Assistant. "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. 5.
(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. Sittings of the Tribunal.
(3)In Gozo, the Tribunal shall hold its sittings in the building where the Court of Magistrates (Gozo) ordinarily meets. 6.
(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 Registry of the Tribunal. 2 [ S.L.490.01 ADMINISTRATIVE REVIEW TRIBUNAL AND APPEALS THEREFROM be the Registry of the Tribunal in Gozo. Secretary of the Tribunal. 7.
(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. Application of S.L.12.21 to these regulations. Amended by: L.N. 508 of
- 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. Forms. Cap.
- 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. Tariffs.
- The tariffs in the Schedule shall be levied by the Secretary to the Tribunal. ADMINISTRATIVE REVIEW TRIBUNAL AND APPEALS THEREFROM [ S.L.490.01 SCHEDULE Tariff A - Fees payable in connection with proceedings before the Administrative Review Tribunal 3 Substituted by: L.N. 58 of
- For the filing of any application ............................................................ €40
- For the filing of any reply ...................................................................... €25
- 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.
- 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
- For the filing of any application of appeal ............................................. €80
- For the filing of an answer to an application of appeal ........................... €50
- 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. 4 [ S.L.490.01 ADMINISTRATIVE REVIEW TRIBUNAL AND APPEALS THEREFROM Tariff C: Professional Fees
- 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 €
- 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 €
- 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.