Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 460

Official PDF on legislation.mt

460. (1) Subject to the provisions of sub-article (2), no judicial act commencing any proceedings m ay be filed, and no proceedings may be taken or instituted, a nd no warrant may be demanded, against the Government, or again st any authority established by the Constitution , other than the Electoral C ommission, or against any person holding a public office in his official capacity, except after the expiration of ten days from t he service against the Governm ent or such authority or person as aforesaid, of a judicial letter or of a protest in which the right claimed or the demand sought is clea rly stated. (2) The provisions of sub-article (1) shall not apply - (a) to actions for redress under article 46 of the Constitution ; or (b) to warrants of prohibitory injunction; or (c) to actions for the correction of acts of civil status; or (d) to actions to be h eard with urgency; (e) to referrals of disputes to arbitration, and where in accordance with the provisions of any law a partic ular procedure including a time-limit or other term is to be observe d, the provisions of sub-article (1) shall not apply and the procedure aforesaid, including any time-limit or other term, shall apply and be observed in lieu thereof. (3) Causes against the Government in respect of which there is in force a warrant of prohibitory injunction shall be heard by the court with urgency in pr eference to other causes. Proceedings for recovery of fine (multa) by civil process. Amended by: XV .1913.97; L.N. 46 of 1965; LVIII.1974.68; VIII.1990.3; XXIV .1995.197; XXII.2005.52; L.N.212 of 2023.

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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.