L.S. 88.01 Regoli dwar il-Proċedura tal-Bord ta' l-Arbitraġġ

(1)The sittings of the Board shall be held at such time and place as the Chairman may direct. Sittings of the Board.

(2)Notice of the time and place fixed for the hearing shall be served on the parties to the proceedings by the Registrar in accordance with Form No.12 annexed to the Code of Organization and Civil Procedure. Cap. 12. 3. For the purposes of article 23

(2)of the Land Acquisition (Public Procedures) Ordinance, hereinafter referred to as "the Ordinance", the Chairman shall at the opening of the proceedings, ask each of the other members of the Board whether there exists in respect of him any of the causes of abstention specified in article 734 of the Code of Organization and Civil Procedure. Causes of abstention. Cap.

2. All acts in connection with any proceedings before the Board shall be filed in the Registry of the Superior Courts and shall bear as a heading an indication of the Land Arbitration Board and shall be inserted in the record of the proceedings to which they refer: Acts to be filed in Registry of the Superior Courts. Cap.
3. Provided that schedules of deposit whereby any sum of money is deposited in court in connection with any proceedings or in execution of any decision of the Board shall be filed and bound separately, but a note of such deposit shall be made in the record of proceedings.
4. The act whereby the owner replies to the "request for information as to the land" to the "notice to treat" and any act filed in reply to any application shall be styled "ir-risposta". Style of act.
5. A copy of every act and of every exhibit filed by any one party in connection with any proceedings before the Board shall be served on the other party or parties to the proceedings unless such service is dispensed with by such other party or parties by means of a declaration to this effect made on the act and/or exhibit by the party to be served therewith. Copy of act and of exhibit to be served on the other party or parties. Substituted by: L.N. 161 of
7. As soon as practicable after any application commencing proceedings before the Board is filed, the Chairman shall, prior to any further proceedings, give such orders or directions as may be necessary to complete the composition of the Board. Composition of the Board. 2 [ S.L.88.01 PROCEEDINGS IN THE LAND ARBITRATION BOARD Cap.
9. The appointment by the Chairman of a member of the Board to represent the owner or owners in the circumstances referred to in article 23

(1)of the Ordinance, shall not be deemed to be an appointment of a referee for the purposes of the Code of Organization and Civil Procedure. Plan to be filed in duplicate. 9. The plan referred to in article 29

(3)of the Ordinance shall be filed in duplicate. Deposit of money to cover fees payable. Amended by: L.N. 140 of

1. Cap.
3. Where the Board orders the owner or owners to pay the costs of the competent authority, such costs shall be deducted from the compensation payable, if any, or shall be recoverable from the owner or owners by the executive procedure in the manner laid down in the Code of Organization and Civil Procedure. Registry and other fees. Substituted by: L.N. 140 of
4. 11.

(1)The registry fees established in the Tariff annexed to these rules shall be paid together with the filing of the relative act of procedure. Cap. 12.

(2)Fees due to the advocate and legal procurator shall be taxed in accordance with the Tariff of Fees annexed to the Code of Organization and Civil Procedure. Appointment by Chairman. Filing and service of acts. Cap.

2. In addition to the provisions of the Ordinance and of these Rules, the provisions of the Code of Organization and Civil Procedure shall apply to the filing and service of acts, to the hearing of applications and to all other proceedings, both written and oral, before the Board. Added by: L.N. 140 of
3. Amended by: L.N. 199 of
4. Substituted by: L.N. 408 of 2007; XIII. 2015.
5. TARIFF Registry fees payable in the Land Arbitration Board 1 For the filing of any claim .......................................... €40.00 2 For the filing of any reply ........................................... €25.00 3 For the filing of any application of appeal .................. €80.00 4 For the filing of an answer to an application of appeal €50.00 5 The fees established in paragraphs 1 to 4 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 judgement, taxed bill of costs and copies of the judgement) required following the initiation of the cause through the said act up to and including final judgement but excluding any fees due for notification of the acts of procedure or any fees due to referees or experts appointed by the Board or any fees which the Board may be required to pay to third parties. 6

(1)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. [ S.L.88.01 PROCEEDINGS IN THE LAND ARBITRATION BOARD

(2)Any counter-claim contained in any act of procedure shall be treated as if it is a new claim and the fees set out in paragraphs 1 to 4 shall be levied on the counter claim and the reply thereto.

(3)The fees stated in paragraphs 1 to 4 shall also be due on the filing of any application to the Board to be permitted to file any statement of defence, answer or other act of procedure filed in reply to a claim and intended to contest, whether totally or partially, a claim made. 7

(1)For every notification of an act of procedure, including expenses incurred in the execution of such notification, the following fees shall be due: (

1. i)registry fee ............................................. €6.00 (
2. 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 service of any act is to be executed personally by an executive officer of the Board, in cases where the law permits that service be effected otherwise, the following additional fees shall be due, for each notification: (i) registry fee .............................................. €25.00 (ii) fee due to the executive officer effecting the service ............................................. €7.00

(3)The fees established in sub-paragraph

(2)shall not apply when service is to be effected personally by an executive officer of the Board in terms of any law, and in such cases the fees established in subparagraph

(1)of this paragraph shall apply. 8 For any other act of procedure indicated in the Land Acquisition (Public Purposes) Ordinance but for which no fee is established in this Tariff .................... €15.00 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. 9 For the opening of the registry outside working hours: (i) registry fee .............................................. €120.00 (ii) fee due to attending deputy registrar ....... €50.00 (iii) fee due to each executive officer required to effect service ........................ €35.00 3 4 [ S.L.88.01 PROCEEDINGS IN THE LAND ARBITRATION BOARD 10

(1)The Board may, when delivering judgement, order that the plaintiff or defendant in a cause pay increased costs to the Registrar of Courts of not less than €232.94 and not more than €582.34 if the Board deems that the act of procedure initiating the claim or the act of procedure in reply was frivolous or vexatious or that either of the parties has unnecessarily prolonged the proceedings and in such case such sum will not be recoverable from the other party. No appeal shall lie from the decision of the Board.

(2)The Board may, when delivering judgement, also refer to the Commission for the Administration of Justice the advocate of the plaintiff or of the defendant if the Board deems that the advocate is responsible, wholly or partly, for the frivolous or vexatious act of procedure or for prolonging the proceedings. No appeal shall lie from the decision of the Board. 11

(1)All fees due shall be paid together with the filing of the relative act and the Registrar shall not accept f o r f i l i ng a n y a c t of p r o c e du r e , w h i c h is n o t accompanied by the relative fee.

(2)The assessment of the Registrar on the amount of fees to be paid shall be final.

(3)In assessing the fees laid down in this Tariff no account shall be taken of any fraction of €2.33. 12

(1)The Registrar shall cause a taxed bill of costs to be kept in the file of each cause and shall immediately enter therein all payments made to him and all payments due to the advocates and legal procurators of the parties and the parties and their advocates and legal procurators shall have the right to a copy thereof at any time.

(2)Within one month of the delivery of the definitive judgement, the Registrar shall cause a final taxed bill of costs to be drawn up.