Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 519B

Official PDF on legislation.mt

519B. (1) The Board, in the exercise of its functions, shall act within a reasonable time and shall observe the rules of natural justice. Every case shall be heard not later than thirty days commencing on the day it is filed before the Board. (2) Without prejudice to what is stated in sub-article (1), the Board shall regulate its own procedure: Provided that all members of the Board shall be present at the Board’s sittings. (3) Evidence before the Board may be given orally or in writing or partly orally and partly in writing or by any other suitable means of communication. (4) The President of the Board may administer an oath, or take an affirmation. (5) The Board may of its own motion, or on the application of any party to the proceedings before it, direct the Registrar of the Board to serve through an executive officer of the Courts or of the Board upon any person a summons to appear before it to give evidence and or to produce the documents specified in the summons. (6) It shall also be lawful for the Board, by means of a warrant of escort, to compel such witnesses to attend for the purpose of giving evidence. The Board may request that its officers be assisted by the executive officers of the Courts or by Police in the execution of a warrant of escort. (7) If any person duly summoned fails to appear when called, such person shall be guilty of an offence and shall upon conviction by the competent court of criminal jurisdiction be liable to a punishment of a fine (multa) of two hundred and fifty euro (€250) or to imprisonment for a period of three months or to both such fine and imprisonment. (8) The provisions of this Code relating to contempt of court shall, mutatis mutandis, apply to the Board. (9) Where the Board is of the opinion in a particular case that there are circumstances which justify it in doing so, the Board may make such orders as to the payment of costs in respect of proceedings before it as the Board sees fit. (10) When in any proceedings the Board makes an order or a decision such order or decision shall include reasons and shall be served on any person as may be specified by the Board. Appointment of experts and request for information. Added by: XXIV.2012.5.

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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.