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The Judicial Actions (Various Measures) Act (Act No. Xxii Of 2005)

A 530
I assent.
(L.S.) EDWARD FENECH ADAMI
President
23rd December, 2005
ACT No. XXII of 2005

AN ACT to implement various measures related to judicial actions and other administrative measures connected therewith.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same as follows>

Short title and commencement.

Amendment of the Criminal Code, Cap. 9.

Addition of new article 283A to the Code.

1. (1) The short title of this Act is the Judicial Actions (Various
Measures) Act, 2005.
(2) This Act shall come into force on such date as the Minister responsible for justice may by notice in the Gazette appoint, and different dates may be so appointed for different provisions and different purposes of this Act.
PART I
2. This Part amends and shall be read and construed as one with the Criminal Code, hereinafter in this Part referred to as “the Code”.
3. Immediately after article 283 of the Code there shall be inserted the following new article>

“Complaint

of the injured party.

283A. No proceedings shall be instituted in respect of any offence of theft of electricity except on the complaint of the injured party even if the offence is one which falls within the competence of the Court of Magistrates as provided in article 370(1) and even if the injured party has not expressly waived the right to prosecute within four days from the commission of the offence. The provisions of this article shall apply notwithstanding anything to the contrary provided in article 373.”.
A 531
4. In subarticle (1) of article 326 of the Code, immediately after the words “not exceeding two years.” there shall be added the following proviso>
“Provided that no proceedings shall be instituted in respect of any offence under items (c), (e) and (f) of this subarticle except on the complaint of the injured party.”.
5. For subarticle (2) of article 413 of the Code there shall be substituted the following>
“(2) Where a judgement is given in respect of several offences and a right of appeal under paragraph (c) of the preceding subarticle, or under any other law, is competent in respect of one of those offences, an appeal shall lie in respect of any other of those offences within the jurisdiction of the Court of Magistrates as a court of criminal judicature under article 370(1) connected with that offence.
There is connection between offences when –

Amendment of article 326 of the Code.

Amendment of article 413 of the Code.

(i) the facts of the offences are substantially the same<
or
(ii) an offence has served as a means for the commission of another offence< or
(iii) the proof of an offence or of a circumstance thereof has a bearing on the proof of another offence or of a circumstance thereof.”.
6. Article 499 of the Code shall be amended as follows>
(a) in subarticle (1) thereof, for the words “on any of the pleas referred to in article 449(1)(a), (b) and (g)” there shall be

Amendment of article 499 of the Code.

A 532

Amendment of article 520 of the Code.

Amendment to article 544 of the Code.

Amendment of article 546 of the Code.

Amendment of Code of Organization

and Civil Procedure, Cap. 12.

Amendment of article 117 of the Code.

Amendment of article 125 of the Code.

substituted the words “on any of the pleas referred to in article
449(1)(a), (b), (c), (d) and (g)”< and
(b) in subarticle (2) thereof, for the words “on any of the pleas referred to in article 449(1)(c), (d), (e) and (f)” there shall be substituted the words “on any of the pleas referred to in article
449(1)(e) and (f)”.
7. In paragraph (c) of subarticle (1) of article 520 of the Code, for the words “article 205” there shall be substituted the words “articles
175 and 205”.
8. In article 544 of the Code, immediately after the words “(c)
violent indecent assault” there shall be added the following>
“(d) theft of electricity and offences arising from items (c), (e) and (f) of subarticle (1) of article 326>”.
9. In article 546 of the Code, immediately after the words “in those proceedings” there shall be added the following proviso>
“Provided further that notwithstanding any other provision when an offence under investigation consists in theft of electricity or an offence under items (c), (e) and (f) of subarticle (1) of article
326 there shall be no inquest unless expressly requested by
Enemalta.”.
PART II
10. This Part amends and shall be read and construed as one with the Code of Organization and Civil Procedure, hereinafter in this Part referred to as “the Code”.
11. In article 117 of the Code, for the words “writ of summons”
there shall be substituted the words “sworn application”.
12. Article 125 of the Code shall be amended as follows>
(a) in subarticle (1) thereof, for the words “writ of summons or application” there shall be substituted the words “by application, whether sworn or not,”< and
(b) in subarticle (2) thereof, for the words “by writ of summons” there shall be substituted the words “by sworn application”.
13. Article 152 of the Code shall be amended as follows>
(a) in subarticle (2) for the marginal note thereto there shall be substituted the following marginal note>
“Notice to be delivered in writing.”< and
(b) in subarticle (2) for the words “by summons” there shall be substituted the words “in writing”.
14. In the heading of Title II of Part I of Book Second of the Code, immediately before article 154, for the words “Of the Mode of Procedure by Writ of Summons” there shall be substituted the words “Of the Mode of Procedure by Sworn Application”.
15. Article 154 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Proceedings by sworn application.”< and
(b) in subarticle (1), for the words “The procedure is said to be by writ of summons” there shall be substituted the words “The procedure by sworn application is considered to institute a cause” and for the words “contained in the writ of summons” there shall be substituted the words “contained in the sworn application”.
16. Article 155 of the Code shall be repealed.
17. Article 156 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Drawing up and contents of sworn application.”<
(b) for subarticle (1) there shall be substituted the following subarticle>
“(1) The sworn application shall be prepared by the plaintiff and shall contain -
(a) a statement which gives in a clear and explicit manner the subject of the cause in separate numbered
A 533

Amendment of article 152 of the Code.

Amendment of the heading of Title II of Part I of Book

Second of the Code.

Amendment of article 154 of the Code.

Repeal of article

155 of the Code.

Amendment of article 156 of the Code.

A 534

Cap. 79.

paragraphs, in order to emphasise his claim and also declare which facts he was personally aware of<
(b) the cause of the claim<
(c) the claim or claims, which shall be numbered.”< and
(d) in every sworn application, the following notice shall be printed in clear and legible letters immediately under the Court heading>
“Whosoever is in receipt of this sworn application in his regard shall file a sworn reply within twenty (20) days from the date of service thereof, which is the date of receipt. Should no written sworn reply be filed in terms of the law within the prescribed time, the Court shall proceed to adjudicate the matter according to law.
It is for this reason in the interest of whosoever receives this sworn application to consult an advocate without delay that he may make his submissions during the hearing of the case.”.”<
(c) in subarticle (2) for the words “with the writ of summons” there shall be substituted the words “with the sworn application”<
(d) for subarticle (3) there shall be substituted the following> “(3) The sworn application shall be confirmed on oath
before the registrar or legal procurator appointed as
Commissioner for Oaths under the Commissioners for Oaths
Ordinance.”<
(e) for subarticle (5) there shall be substituted the following> “(5) Where several actions are brought together as
provided in sub-articles (3), (4) and (5) of article 161, it shall at least be one of the plaintiffs who shall confirm on oath before the registrar or the legal procurator appointed as Commissioner for Oaths under the Commissioners for Oaths Ordinance, and the provisions of subarticle (1)(a) of this article shall apply.”<
(f) for subarticle (6) there shall be substituted the following>
A 535
and
“(6) The application shall be served on the defendant.”<
(g) for subarticle (7) there shall be substituted the following>
“(7) The registrar shall not receive any application which does not satisfy the elements of subarticle (1) of this article and the court shall not allow any witness to be produced unless his name shall have been given together with the application.”.
18. Article 157 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Service of sworn application.”< and
(b) for the words “a copy of the writ of summons and of the declaration and of any affidavit of the plaintiff to be served on the defendant” there shall be substituted the words “a copy of the sworn application, any affidavit of the plaintiff and of the documents attached with the application”.
19. Article 158 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“sworn reply and note of admission, filing etc.”<
(b) in subarticle (1), for the words “statement of defence”
there shall be substituted the words “sworn reply”<
(c) in subarticle (3), for the words “statement of defence”
there shall be substituted the words “sworn reply”<
(d) immediately after paragraph (b) of subarticle (3) there shall be added the following new paragraph>
“(c) the defendant, or one of the defendants if there are more than one defendant, shall also confirm on oath in the sworn reply with numbered paragraphs, all the facts concerning the claim, denying, admitting or explaining the

Amendment of article 157 of the Code.

Amendment of article 158 of the Code.

A 536

Amendment of article 159 of the Code.

circumstances of fact set out in plaintiff’s declaration, while stating which facts are within his own knowledge.”<
(e) for subarticle (4) there shall be substituted the following> “(4) The sworn reply shall be confirmed on oath before
the registrar or legal procurator appointed as Commissioner
for Oaths under the Commissioners for Oaths Ordinance. The defendant shall also indicate the names of the witnesses he intends producing and to state with regard to each one of them what he intends proving by means of their evidence. There shall also be filed together with the sworn reply such documents as may be required to sustain the pleas.”<
(f) in subarticle (5) for the words “statement of defence” there shall be substituted the words “sworn reply” and for the words “such declaration and any such affidavit, as mentioned in subarticle (4)” there shall be substituted the words “the listed requirements in subarticle (3) of this article,”<
(g) in subarticle (8) for the words “statement of defence and declaration” there shall be substituted the words “sworn reply”<
(h) in subarticle (10) for the words “statement of defence and declaration” and “statement and declaration” there shall be substituted the words “sworn reply” respectively<
(i) in subarticle (11) for the words “The statement of defence” there shall be substituted the words “The sworn reply”<
(j) in subarticle (12) for the words “statement of defence”
there shall be substituted the words “sworn reply”< and
(k) in subarticle (13) for the words “statement of defence” there shall be substituted the words “sworn reply” and for the words “statement of defence and declaration” there shall be substituted the words “sworn reply”.
20. Article 159 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“The sworn application and the reply not to contain comments or superfluous matter.”< and
(b) in subarticle (1) for the words “the writ of summons and the statement of defence” there shall be substituted the words “the sworn application and the sworn reply”, and for the words “as regards the writ of summons” there shall be substituted the words “as regards the sworn application”, and for the words “as regards the statement of defence.” there shall be substituted the words “as regards the sworn reply.”.
21. In article 160 of the Code, for the words “with the writ of summons or the statement of defence” there shall be substituted the words “with the sworn application or the sworn reply”.
22. Article 161 of the Code shall be amended as follows>
(a) for subarticle (1) thereof, there shall be substituted the following new subarticle>
“(1) In the Superior Courts and in the Courts of Magistrates in Malta and in Gozo, proceedings are ordinarily taken by application while those in the superior shall be sworn.”<
(b) in subarticle (3) thereof, for the words “writ of summons” there shall be substituted the words “sworn application” and immediately after the word “one” and before the word “application” there shall be inserted the words “not sworn”.
23. Article 164 of the Code shall be amended as follows>
(a) in subarticle (1), for the words “by writ of summons”
there shall be substituted the words “by sworn application”< and
(b) in subarticle (2), for the words “writ of summons” there shall be substituted the words “sworn application”< the words “Provided that the court may order plaintiff to substitute the writ of summons by an application>” shall be deleted< the word “further” immediately after the word “Provided” shall be deleted< and the word “not” immediately after the word “shall” and before the word “apply” shall be deleted.
24. In subarticle (2) of article 166A of the Code, immediately after the words “on oath by the creditor,” there shall be added the words “either before the registrar or legal procurator appointed as Commissioner for Oaths under the Commissioners for Oaths Ordinance,”.
A 537

Amendment of article 160 of the Code.

Amendment of article 161 of the Code.

Amendment of article 164 of the Code.

Amendment of article 166A of the Code.

A 538

Amendment of article 167 of the Code.

Amendment of article 168 of the Code.

Amendment of article 169 of the Code.

Amendment of article 169A of the Code.

Amendment of article 171 of the Code.

Amendment of article 172 of the Code.

25. Article 167 of the Code shall be amended as follows>
(a) in subarticle (1) thereof, for the words “to pray in the application” there shall be substituted the words “to pray in the sworn application”<
(b) in subarticle (2) thereof, for the words “the application”
there shall be substituted the words “the sworn application”< and
(c) in subarticle (3) thereof, for the words “such applications” there shall be substituted the words “such sworn applications”.
26. In article 168 of the Code, for the words “With the writ of summons” there shall be substituted the words “With the sworn application” and for the words “together with the writ of summons” there shall be substituted the words “together with the sworn application”.
27. Article 169 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Time for service of sworn application.”< and
(b) for the words “the writ of summons” there shall be substituted the words “the sworn application”.
28. In article 169A of the Code, for the words “The writ of summons” there shall be substituted the words “The sworn application”.
29. In subarticle (1) of article 171 of the Code, for the words
“writ of summons” there shall be substituted the word “application”.
30. Article 172 of the Code shall be amended as follows>
(a) in subarticle (1) thereof, immediately after the word
“application” there shall be inserted the words “of appeal.”< and
(b) in subarticle (2) thereof, immediately after the word
“application” there shall be inserted the words “of appeal”.
31. In subarticle (1)(d) of article 174 of the Code, for the words “writ of summons” there shall be substituted the words “sworn application”.
32. Article 178 of the Code shall be amended as follows>
(a) subarticle (1) shall be renumbered as the whole article and after the words “The written pleadings” there shall be added the words “and the applications whether sworn or not”< and
(b) subarticle (2) shall be deleted.
33. In subarticle (2) of article 181A of the Code, for the words “statement or pleading.” there shall be substituted the words “sworn reply or sworn pleading.”.
34. In subarticle (3) of article 181B of the Code, for the words “writ of summons,” there shall be substituted the words “whether sworn or not,” and the words “or statement of defence” shall be deleted.
35. In the proviso to subarticle (8) of article 187 of the Code, immediately after the word “and” and before the word “applications” there shall be inserted the word “sworn”, and the words “and writs of summons” shall be deleted.
36. In subarticle (2) of article 208 of the Code, for the words “file the statement and declaration” there shall be substituted the words “file the sworn reply as”.
37. In article 213 of the Code, for the words “in the writ of summons” there shall be substituted the words “in the application” and for the words “same writ of summons” there shall be substituted the words “same application”.
38. In subarticle (2) of article 219A of the Code, the words “writ of summons or” shall be deleted.
39. Article 235 of the Code shall be amended as follows>
(a) for the marginal note “or by summons at any time” there shall be substituted the following marginal note>
“or by sworn application at any time.”< and
A 539

Amendment of article 174 of the Code.

Amendment of article 178 of the Code.

Amendment of article 181A of the Code.

Amendment of article 181B of the Code.

Amendment of article 187 of the Code.

Amendment of article 208 of the Code.

Amendment of article 213 of the Code.

Amendment of article 219A of the Code.

Amendment of article 235 of the Code.

A 540

Amendment of article 249 of the Code.

Amendment of article 263 of the Code.

Amendment of article 329 of the Code.

Amendment of article 381 of the Code.

Amendment of article 392 of the Code.

Cap. 39.

Amendment of article 398 of the Code.

(b) in the second proviso for the words “writ of summons”
there shall be substituted the word “sworn application”.
40. In subarticle (1) of article 249 of the Code, for the words “by writ of summons” there shall be substituted the words “by sworn application”.
41. Article 263 of the Code shall be amended as follows>
(a) in subarticle (1), for the words “by writ of summons”
there shall be substituted the words “by sworn application”< and
(b) in subarticle (2), for the words “writ of summons” there shall be substituted the words “sworn application”.
42. In subarticle (1) of article 329 of the Code, for the words “by writ of summons” there shall be substituted the words “by application”.
43. In subarticle (2) of article 381 of the Code, for the word “writ of summons” there shall be substituted the word “application”.
44. Article 392 of the Code shall be amended as follows>
(a) for the words “by writ of summons” there shall be substituted the words “by sworn application”<
(b) for the words “the opposite party.” there shall be substituted the words “the opposite party>”< and
(c) immediately at the end of the article there shall be added the following proviso>
“Provided that in the case of a rendering of accounts under the Condominium Act, such action shall be taken at the Malta Arbitration Centre.”.
45. Article 398 of the Code shall be amended as follows>
(a) in subarticle (1), for the words “in the statement of defence where proceedings are by writ of summons, or in the written reply to the application where proceedings are by application.” there shall be substituted the words “in the written reply to the application, whether sworn or not”< and
(b) in subarticle (3), for the words “by writ of summons”
there shall be substituted the words “by sworn application”, for
the words “in a statement of defence” there shall be substituted the words “in a sworn reply”, for the words “writ of summons” there shall be substituted the words “of a sworn application” and for the words “that statement of defence” there shall be substituted the words “that sworn reply”.
46. In article 403 of the Code, for the words “by writ of summons”
there shall be substituted the words “by sworn application”.
47. In article 407 of the Code, for the words “in the writ of summons” there shall be substituted the words “in the sworn application”.
48. In article 410 of the Code, for the words “writ of summons”
there shall be substituted the words “sworn application”.
49. Article 411 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Perpetual silence to apply only to jactitation referred to in a sworn application.”< and
(b) for the words “in the writ of summons” there shall be substituted the words “in the sworn application”.
50. In article 412 of the Code, for the words “writ of summons”
there shall be substituted the words “sworn application”.
51. In article 414 of the Code, for the words “by writ of summons”
there shall be substituted the words “by sworn application”.
52. In article 461 of the Code, for the words “writ of summons”
there shall be substituted the word “application”.
53. In article 462 of the Code, for the words “by writ of summons”
there shall be substituted the words “by application”.
54. Article 463 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
A 541

Amendment of article 403 of the Code.

Amendment of article 407 of the Code.

Amendment of article 410 of the Code.

Amendment of article 411 of the Code.

Amendment of article 412 of the Code.

Amendment of article 414 of the Code.

Amendment of article 461 of the Code.

Amendment of article 462 of the Code.

Amendment of article 463 of the Code.

A 542
and
“Person against whom application is to be directed.”<
(b) for the words “writ of summons” there shall be substituted the word “application”.

Amendment of article 464 of the Code.

Amendment of article 466 of the Code.

Amendment of article 467 of the Code.

Amendment of article 533 of the Code.

Amendment of article 546 of the Code.

55. Article 464 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“When application is to be directed against official curators.”<
(b) in subarticle (1) for the words “writ of summons” there shall be substituted the word “application”<
(c) in subarticle (3) for the marginal note thereto there shall be substituted the following marginal note>
“Posting up of copy of application.”< and
(d) in subarticle (3) for the words “writ of summons” there shall be substituted the word “application”.
56. In subarticle (1) of article 466 of the Code, immediately after the words “of any government department” there shall be added the following words “or the Chairman of Enemalta Corporation or his representative”.
57. In article 467 of the Code, for the words “writ of summons”
there shall be substituted the word “application”.
58. Article 533 of the Code shall be amended as follows>
(a) in subarticle (1) for the words “by summons” there shall be substituted the words “by application”< and
(b) in subarticle (2) for the words “of the said summons”
there shall be substituted the words “of the said application”.
59. Article 546 of the Code shall be amended as follows>
(a) for the words in the marginal note “by summons” there shall be substituted the words “by application”<
(b) in subarticle (1) for the words “by summons” there shall be substituted the words “by application”< and
(c) in subarticle (2) for the words “The summons” there shall be substituted the words “The application”.
60. Article 728 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Pleas to be raised in the sworn answer.”< and
(b) in subarticle (1), the words “in the note of pleas or” shall be deleted and after the words “in the” and before the word “answer” there shall be inserted the word “sworn”.
61. Article 736 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
“Judge to sign applications or warrants despite being otherwise precluded from dealing with cause.”< and
(b) for the word “writ of summons” there shall be substituted the word “application, whether sworn or not,”.
62. In subarticle (b) of article 811 of the Code for the words “writ of summons” there shall be substituted the words “sworn application”.
63. For article 815 of the Code there shall be substituted the following>
“815. In the superior and inferior courts, the demand for a new trial shall be made, before a court of first instance, by means of a sworn application, and before a court of second instance, by means of an application< the application shall be accompanied by security for costs in terms of article 249.”.
64. Article 816 of the Code shall be amended as follows>
(a) for the marginal note thereto there shall be substituted the following marginal note>
A 543

Amendment of article 728 of the Code.

Amendment of article 736 of the Code.

Amendment of article 811 of the Code.

Substitution of article 815 of the Code.

Amendment of article 816 of the Code.

A 544

Amendment of article 823 of the Code.

Amendment of article 826 of the Code.

Amendment of article 836 of the Code.

Amendment of article 843 of the Code.

Amendment of article 894 of the Code.

“Contents of sworn application.”< and
(b) for the words “In the writ of summons or application” there shall be substituted the words “In the application, whether sworn or not”.
65. Article 823 of the Code shall be amended as follows>
(a) in subarticle (2), for the words “by application before the Court of Appeal and by writ of summons before the court of first instance” there shall be substituted the words “by application both before the Court of Appeal and before the court of first instance”< and
(b) in subarticle (4) for the words “writ of summons” there shall be substituted the words “application”.
66. In article 826 of the Code for the words “a writ of summons”
there shall be substituted the words “an application”.
67. In subarticle (9) of article 836 of the Code for the words “by writ of summons” there shall be substituted the words “by application”.
68. Subarticle (1) of article 843 of the Code shall be amended as follows>-
(a) for the words “six days” there shall be substituted the words “fifteen days”<
(b) for the words “whichever is the earlier date.” there shall be substituted the words “whichever is the earlier date>”< and
(c) immediately thereafter at the end of the subarticle, there shall be added the following proviso>
“Provided that when a judicial letter is filed in terms of article 166A, the applicant is bound to file a suit within fifteen days from the date of filing of the note of full or partial opposition or within sixty days from the issuing of the warrant, whichever is the earlier.”.
69. In subarticle (3) of article 894 of the Code the words “or by writ of summons” and “or in the writ of summons” shall be deleted and before the word “application” wherever it appears there shall be inserted the words “whether sworn or not”.
70. In subarticle (1)(c) of article 925 of the Code for the words “writs of summons, statements of defence,” there shall be substituted the word “applications, replies,”.
71. In subarticle (2) of article 944 of the Code for the words “by writ of summons” there shall be substituted the words “by sworn application”.
72. In subarticle (1) of article 946 of the Code for the words “by writ of summons” there shall be substituted the words “by sworn application”.
73. In article 962 of the Code the words “writ of summons or” and “, as the case may be,” shall be deleted and after the word “application,” there shall be inserted the words “, whether sworn or not,”.
74. In subarticle (2) of article 963 for the words “writ of summons” there shall be substituted the words “sworn application”.
75. Schedule A to the Code shall be amended as follows> (a) in Tariff A -
(i) in subarticle (1) of article 2 for the words “statement of defence” there shall be substituted the word “reply”<
(ii) in subarticle (2) of article 2 for the words “statement of defence” there shall be substituted the word “reply”< and
(iii) in subarticle (1) of article 3 the words “, writ of summons” shall be deleted< and
(b) in Tariff E -
(i) in article 16 for the words “in the writ of summons”
there shall be substituted the words “in the application”<
(ii) in article 17 for the words “in the writ of summons”
there shall be substituted the words “in the application”<
(iii) in paragraph (i) of article 28 the words “the writ of summons or” shall be deleted<
A 545

Amendment of article 925 of the Code.

Amendment of article 944 of the Code.

Amendment of article 946 of the Code.

Amendment of article 962 of the Code.

Amendment of article 963 of the Code.

Amendment of Schedule A to the Code.

A 546

Amendment of Schedule B to the Code.

Transitory provision.

Amendment of the Commercial Code, Cap. 13.

Amendment of articles 41, 47, 484,

497, 515 and 523 of the Code.

Amendment of the

Civil Code, Cap. 16.

(iv) in paragraph (i) of article 33 the words “, the writ of summons, the statement of defence” shall be deleted< and
(v) in paragraph (c) of article 43 for the word “a writ of summons” there shall be substituted the words “an application”.
76. Form No. 6 in Schedule B to the Code shall be deleted.
77. (1) The provision of this law shall have effect with regard to new proceedings which shall be instituted by virtue of the same law. Proceedings which have already commenced and which are still pending shall retain their validity under the former law.
(2) The provisions of this Part shall have effect on any new proceedings which are instituted. Such cases as have already been commenced and which are still pending shall retain their validity at law.
PART III
78. This Part amends and shall be read and construed as one with the Commercial Code, hereinafter in this Part referred to as “the Code”.
79. The Code shall be amended as follows>-
(a) in subarticle (2) of article 41, in subarticle (2) of article
47, in subarticle (3) of article 484, in subarticle (3) of article 515 and in subarticle (1) of article 523, for the words “writ of summons” wherever it appears there shall be substituted the word “sworn application”< and
(b) in article 497, for the words “a writ of summons” there shall be substituted the words “a sworn application”.
PART IV
80. This Part amends and shall be read and construed as one with the Civil Code, hereinafter in this Part referred to as “the Code”.
81. The Code shall be amended as follows>
(a) in subarticle (2) of article 92, in articles 211, in subarticle (4) of article 253, in subarticle (3) of article 257A, in subarticle (2) of article 1357, in article 1528, in subarticle (1) of article 1541 and in articles 1578, 1602, 1603 and 2026, for the words “writ of summons” there shall be substituted the word “sworn application”<
(b) in article 223, for the words “a writ of summons” there shall be substituted the words “a sworn application”< and
(c) in subarticle (2) of article 366, for the words “upon a writ of summons” there shall be substituted the words “upon a sworn application”.
82. In paragraph (b) of article 2023 of the Code, for the words “of arbitrators, or” there shall be substituted the words “of arbitrators, an executive title and”.
83. In Form B in Part II of the Schedule to the Code, for the words “a writ of summons” there shall be substituted the words “a sworn application” and for the words “said writ of summons” there shall be substituted the words “said sworn application”.
PART V
84. This Part amends and shall be read and construed as one with the Traffic Regulation Ordinance, hereinafter in this Part referred to as “the principal law”.
85. Immediately after article 63 of the principal law there shall be inserted the following new article>
A 547

Amendment of articles 92, 211,

223, 253, 257A,

366, 1357, 1528,

1541, 1578, 1602,

1603 and 2026 of the Code.

Amendment of article 2023 of the Code.

Amendment of

Form B in Part

II of the Schedule to the Code.

Amendment of the Traffic Regulation Ordinance, Cap. 65.

Addition of new article 64 to the principal law.

“Appeal from a judgement under article

41.

64. In the case of any judgement under article 41 an appeal may be made either by the owner or by the driver of the vehicle.”.
PART VI
86. This Part amends and shall be read and construed as one with the Public Lotto Ordinance, hereinafter in this Part referred to as “the principal law”.

Amendment of the Public Lotto Ordinance, Cap. 70.

A 548

Amendment of article 20 of the principal law.

Amendment of the

Enemalta Act, Cap.

272.

Amendment of article 39 of the principal Act.

Amendment of the Arbitration Act, Cap. 387.

Amendment of article 4 of the principal Act.

Amendment of article 9 of the principal Act.

Amendment of article 70B of the principal Act.

87. In article 20 of the principal law for the words “The Criminal Court of Magistrates” there shall be substituted the words “The Court of Magistrates”.
PART VII
88. This Part amends and shall be read and construed as one with the Enemalta Act, hereinafter in this Part referred to as “the principal Act”.
89. In article 39 of the principal Act, immediately after item (i)
of article 39 of the principal Act there shall be added the following>
“(j) such procedures, measures or regulations which may, from time to time, be necessary for the recovery of any amount that may be due to Enemalta Corporation in relation to the supply of electricity and in relation to theft of electricity<”.
PART VIII
90. This Part amends and shall be read and construed as one with the Arbitration Act, hereinafter in this Part referred to as “the principal Act”.
91. In subarticle (3) of article 4 of the principal Act the words “< the Attorney General shall be an ex officio member of the Board” shall be deleted.
92. In subarticle (1) of article 9 of the principal Act for the words “under this Act.” there shall be substituted the words “under this Act>” and immediately thereafter there shall be added the following proviso>
“Provided that the registrar may exercise any one or more of his functions under this Act or under rules made thereunder both directly and through a person who is authorised for such purpose by the Board.”.
93. For subarticle (2) of article 70B of the principal Act there shall be substituted the following>
“(2) Subject to the specific provisions of article 6 of Part B of the Fourth Schedule to this Act, an appeal must be brought within fifteen days of the receipt of the final award or, if there has been
an arbitral process of appeal or review, of the date when the party was notified of the result of that process or the process was otherwise completed or the time for it has elapsed.”.
94. Part B of the Fourth Schedule to the principal Act shall be amended as follows>
(a) for articles 2 and 3 there shall be substituted the following articles>
“2. The arbitral tribunal shall be composed of one arbitrator unless the parties agree that it shall be composed of three arbitrators and notify the Centre within thirty days of the receipt by the respondent of the notice of arbitration<
3. The sole arbitrator, or any of the members of the arbitral tribunal when it is composed of three arbitrators, shall be appointed by the Chairman of the Centre in accordance with the provisions of the Act unless the Centre is notified of the appointment of an arbitral tribunal within thirty days of the receipt by the respondent of the notice of arbitration<”< and
(b) immediately after article 5 there shall be added the following new articles>
“6. The award shall be deemed to have been received by the parties on the date when it is delivered in open tribunal.
7. The provisions of Title IX of Book First and of Title XI of Book Third of the Code of Organization and Civil Procedure and any other provision of that Code relating to curators, shall mutatis mutandis apply to the disputes referred to in this Schedule.
8. The provisions of Title XIV of Book Third of the Code of Organization and Civil Procedure and any other provision of that Code relating to the intervention and joinder of parties to a suit, shall apply mutatis mutandis to the disputes referred to in this Schedule.”.
A 549

Amendment of Part B of the Fourth Schedule to the principal Act.

A 550
Passed by the House of Representatives at Sitting No. 335 of 7th December,
2005.
ANTON TABONE

Speaker

RICHARD J. CAUCHI

Clerk to the House of Representatives

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