Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 181B

Official PDF on legislation.mt

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.

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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.