Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 181B
181B. (1) The judicial representation of the Government in
judicial acts and actions shall vest in the head of the governm ent
department in whose charge the matter in dispute falls:
Provided that, without prejudice to the provisions of this
article:
(a) actions for the collection of amounts due to
Government may in all cases be instituted by the
Accountant General;
(b) actions involving questions relating to Government
employment or to obligations to serve Government
may in all cases be instituted by the Principal
Permanent Secretary;
60 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
(c) actions relating to contracts of supplies or of works
with Government may in all cases be instituted by the
Director of Contracts.
(2) The State Advocate shall represent Government in all
judicial acts and actions which owing to the nature of the clai m
may not be directed against one or more heads of other governme nt
departments.
(3) Every application, whether sworn or not, or other judicial
act filed against Government shall be served upon each head of a
government department against w hom it is directed and upon the
State Advocate and every time limit for the filing of any reply to
any such act by any head of a government department being a
defendant or a respondent in j udicial proceedings shall not
commence to run before the act is served upon the head or heads of
the government departments again st whom it is directed and upon
the State Advocate. The registrar shall not charge any fees for
effecting the service on the State Advocate.
Transfer of judicial
acts and written
pleadings between
Courts in Malta
and Courts in
Gozo.
Added by:
VII.2014.5.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.