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Enemy Property Act (Cap. 179) Consolidated

CHAPTER 179

ENEMY PROPERTY ACT

To make provision as respects income from moneys invested by the

Custodian of enemy property.

26th March, 1963

ACT XII of 1963, as amended by Legal Notice 46 of 1965; Act XVI of

1999; Legal Notice 410 of 2007; and Act V of 2007.

1. The short title of this Act is the Enemy Property Act.

2. In this Act, unless the context otherwise requires -

"Custodian" means the Custodian of enemy property appointed under article 8 of the Ordinance;
"enemy pr opert y" means an y pro p erty at an y tim e af ter t h e coming into operation of the Ordinance belonging to or held or man a ged o n beh a lf o f an enem y or en em y su bj ect, a nd fo r th e purposes of this Act the expressions "enemy" and "enemy subject" have the same meanings as for the purposes of the Ordinance;
"Minister" means the Minister responsible for finance;
"money due to an enemy" means money which would, but for the existence of a state of war, have been payable to or for the benefit of a person who was an enemy;
"Order" means the Order published in the Malta Government
Gazette of the 18th September, 1939, by Government Notice No.
457;
"Ordinance" means the Tr ad ing with the Enemy Ordinance,
1939*;
"person includes a body or association of persons.

3. (1) Subject to the provisions of this Act, any income received by the Custodian from the investment of moneys coming into his hands in his said capacity wh ether in pu rsuanc e of th e Ordinance or otherwise shall belong to the Government and shall be paid into the Consolidated Fund.

(2) The last foregoing sub-article shall be deemed to have effect as from the coming into operation of the Order, so however that it shall not be construed as authorising or requiring the repayment of any sums paid by the Custodian before the passing of this Act otherwise than into the Consolidated Fund.
(3) Where the Custodian after the coming into operation of this
Act pays to any person a capital sum on the footing that -
(a) it represents money which was paid to the Custodian as being money due to an enemy, but which was not in

Short title. Interpretation.

Income from moneys invested by Custodian. Amended by: L.N. 46 of 1965.

*Omitted both in the 1942 Revised Edition and in this Revised Edition since it was war legislation of a temporary nature.

fact due to an enemy; or
(b) it represents the proceeds of property which was transferred to the Custodian as being enemy property, but which was not in fact enemy property,
the person to whom the capital sum is paid shall be entitled to receive from the Custodian interest thereon at the rate of three- quarters of one per cent per annum from the date on which the Custodian received the money referred to in paragraph (a) or the proceeds referred to in paragraph (b) thereof, as the case may be, to the date of payment of the capital sum.
(4) For the purpose of making payments under the provisions of the last foregoing sub-article the Custodian shall set aside out of any income such as is mentioned in sub-article (1) which he may have in his hands on the coming into operation of this Act, or which he may thereafter receive, such sums as the Minister may from time to time direct; and out of any sums so set aside the Custodian shall p a y an y in t e re st wh ic h m a y be com e pa yab l e b y hi m u n d e r t h e provisio n s of the last fo regoing sub-article an d shall pay the balance thereof (if any) into the Consolidated Fund.

Claims to the

Board.

Added by:

XVI. 1999.2.

Amended by:

V. 2007.25.

Cap. 490.

4. (1) Notwithstanding anything contained in the Act or in the Ordinance, a person who claims to be the owner of any property movable or immovable administered by the Custodian, shall, not later than the 31st December, 2002, submit a claim to the Custodian show ing that he is the enemy on whose behalf the property is managed or a person claiming under him.

(2) There shall be a board (hereafter referred to as the Board) co m pose d o f th e C u sto d i a n, who shall be chairman, and repr esentatives of th e Commissioner of Lands, the Accoun tant General, the Permanent Secretary at the Ministry responsible for Foreign Affairs, and the Auditor General, which shall examine all the claims made under sub-article (1) and decide thereon.
(3) The decision of the Board shall be served on the claimant by a judicial act, and may be appealed by application before the Administrative Review Tribunal established in terms of article 5 of the Administrative Justice Act and the provision of this Act shall apply to such an appeal.
(4) Where the Board or the Administrative Review Tribunal or the Court of Appeal, as the case may be, decide in favour of the claimant the Custodian shall be entitled to deliver the property to the claiman t after deducti ng t h ere from the fees a n d expense s incurred by the Custodian in the administration of the property and its handing over.
(5) The Prime Minister may by regulations establish the fees that may be payable in connection with claims before the Board.
(6) The Board shall regulate its own proceedings, it shall however ensure the claimant shall have adequate opportunity to set out his claim in writing or orally as the Board may determine.
(7) With effect from the 1st day of January, 2003, any property administered by the Custodian in respect of which no claim has
been entered as aforesaid, or if such claim has been made upon its rejection, shall vest in the Government of Malta:
Provided that with reference to immovable property listed in the Schedule to this Act, the rights relating to such property and the said property shall be registered at the Land Registry in the name of the Government of Malta with absolute title in regard to whosoever had a right to submit a claim under this article, but with possessory title in regard to other third parties.
(8) The property to which this article refers shall be that listed in the Schedule to this Act.

Added by: XVI. 1999.2. Amended by:

L.N. 410 of 2007.

SCHEDULE (Article 4)




Appendix B
George Furst account (German)
- 90A, Old Theatre Street, Valletta
- 435/4 St. Paul’s Building, West Street, Valletta (often recorded as 43J/4) Marianna and Filomena Fauci account (Italian)
- Land Tal-In[inier, Delimara, as indicated on the site plan number 1, attached to this Appendix
- Land Ta`-~awla, Marsascala, as indicated on the site plan number 2, attached to this Appendix
- Land Ta’ Fwieli, |abbar, as indicated on the site plan number 3, attached to this
Appendix
- 181 Alley 1, Bi``ieni Street, |abbar.