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Code Of Organization And Civil Procedure (Cap. 12) Civil Code (Cap. 16) The Civil Court (Family Sections), The Civil Court (General Jurisdictions Section) And The Court Of Magistrates (Gozo) (Superior Jurisdiction) (Family Section), (Amendment) Regulations, 2004 (L.N. 9 Of 2004 )

CODE OF ORGANIZATION AND CIVIL PROCEDURE (CAP. 12)
CIVIL CODE (CAP. 16)
The Civil Court (Family Sections), The Civil Court (General Jurisdictions Section) and The Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section), (Amendment) Regulations, 2004
IN virtue of the powers conferred by articles 193A and 470 of the Code of Organization and Civil Procedure and by article 37 of the Civil Code, the Minister for Justice and Home Affairs has made the following regulations>
1. (1) These regulations may be cited as the Civil Court (Family Section) The Civil Court (General Jurisdiction Sections) and The Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section), (Amendment) Regulations 2004 and shall be read and construed as one with the Civil Court (Family Section) The Civil Court (General Jurisdiction Sections) and The Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section) Regulations, 2003, hereinafter referred to as “the principal regulations”.
(2) These regulations shall be deemed to have come into force on the 16th December, 2003.
2. In regulation 1 of the principal regulations and in the title to the principal regulations for the words “The Civil Court (General Jurisdiction Sections)” there shall be substituted the word “First Hall of the Civil Court”.
3. Immediately after regulation 12 of the principal regulations there shall be added the following new regulation 13>

Citation and commencement.

Amendment of regulation

1 of the principal regulations

and of title to principal regulations.

Addition of

new regulation 13 to the principal regulations.

“Transitory provision.

L.N. 396 of

2003.

13. The section of the Court which in accordance with these Regulations and in accordance with the Civil Courts (Establishment of Sections) Order, 2003 is according to the nature of the same and according to the territorial jurisdiction of the Court, is to take cognizance of any act, application or
B 42

Addition of Schedule to the principal regulations.

Citation

and coming into force.

writ of summons, shall on the coming into force of these regulations take cognizance of those acts, applications or writ of summons that immediately before the coming into force of these Regulations or that Order were pending before the First Hall of the Civil Court, the Second Hall of the Civil Court and the Court of Magistrates (Gozo) (Superior Jurisdiction), and this according to the jurisdiction of each of those sections in accordance with these Regulations and that Order, so however that notwithstanding anything in these Regulations or that Order, the procedures to be followed in respect of each act, application or writ of summons filed before the date of the coming into force of these Regulations or of that Order, shall be that in force immediately before that date.”.
4. Immediately at the end of the principal regulations, there shall be added the following Schedule>
“Schedule
(Regulation 2 (a))
The Civil Courts (Establishment of Sections) Order, 2003
1. (1) This Order may be cited as the Civil Court (Establishment of Sections) Order, 2003.
2003.
(2) This Order shall come into force on the 16th December,

Civil Court

to have three

Sections.

Designation of

Sections.

Assignment of cases of the Civil Court (Family Section).

2. There shall be three sections in the Civil Court to which shall be assigned, as provided by this Order, the category of cases, hitherto falling within the jurisdiction of the Civil Court (First Hall) and the Civil Court (Second Hall), or as may be assigned to the Civil Court by any law.
3. The sections of the Civil Court shall be the Family Section, the Voluntary Jurisdiction Section and a general jurisdiction section to be styled the First Hall of the Civil Court.
4. To the Civil Court (Family Section) shall be assigned those cases falling within the competence of the Civil Court and which relate to matters regulated by>
(a) Titles I, and II and IV of Book First of the Civil Code< (b) The Maintenance Orders (Facilities for Enforcement)
Ordinance<
(c) The Maintenance Orders (Reciprocal Enforcement) Act< (d) The Marriage Act< and
(e) The Child Abduction and Child Custody Act.

Cap. 16. Cap.48.

Cap. 242. Cap. 255.

Cap. 410.

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5. To the Civil Court (Voluntary Jurisdiction Section) shall be assigned applications falling within the Competence of the Civil Court and which relate to matters regulated by>
(a) Titles III, V, VI and VII of Book First of the Civil Code<

Assignment of cases to the Civil Court (Voluntary Jurisdiction Section)

Cap. 16.

Cap. 16.

and
(b) Part II of Book Second of the Code of Organisation and
Civil Procedure<
6. To the First Hall of the Civil Court shall be assigned all cases within the competence of the Civil Court and not assigned to the Family Section or the Voluntary Jurisdiction Section.
7. Subject to any rules of court or to any regulation, cases shall be assigned to the different sections of the Civil Court by the Registrar in accordance with the category to which the case refers.
8. Where any dispute arises as to whether a case should be assigned to one section or another of the Civil Court, or where a case involves more than one category falling to be assigned to different sections of the Civil Court, the matter shall be referred to the Chief Justice who shall, in camera, determine the section to which the case shall be assigned. The determination by the Chief Justice shall be registered in the records of the case and shall be final.
9. Without prejudice to the provisions of article 54 of the Code of Organisation and Civil Procedure there shall be in the Court of Magistrates (Gozo), in its Superior Jurisdiction, two Sections be to be styled respectively “The Family Section” and “The General Jurisdiction Section”. To the Family Section shall be assigned cases falling within the competence of that Court in its Superior Jurisdiction and which are regulated by the provisions referred to in paragraphs (a) to (e) of article
4 of this Order, and to the General Jurisdiction Sections shall be assigned
cases falling within the competence of the said Court in its Superior

Cap. 12.

Assignment of cases to the First Hall

of the Civil Court.

Registrar to assign cases.

Chief Justice to determine

Section in particular cases.

Court of Magistrates (Gozo) in its Superior Jurisdiction.

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Jurisdiction which are not assigned to the Family Section or to which the said article 54 of the said Code does not apply. Articles 7 and 9 of this Order shall mutatis mutandis apply with respect to cases falling within the competence of the said Court in its Superior Jurisdiction with regard to the assignment of cases to the various Sections.”.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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