Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 527

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527. (1) The court shall, in the decree of interdiction or incapacitation, direct that a notice thereof, specifying the te rms of the inhibition, be pub lished in the Gazette: Provided that the court shal l order that the decree be transmitted to the Archivist of Notarial Acts who shall enter a note of such interdiction or incapacitation in a book to be kept for the purpose. Electronic register.(2) The registrar shall keep an official online Register of Interdicted and Incapacitated Persons. Such register shall be continuously kept updated by the registrar. The register shall be held in electronic version and shall be accessible to the Commi ssioner for the Promotion of Rights of Persons with Mental Disorders an d to advocates, notaries and legal procurators and to such other per sons who the Minister may by regulations designate. 158 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Cap. 525. (3) The register shall be divided into three parts. The first pa rt shall contain a list of interdicted persons, the second part shall contain a list of incapacitated persons and the third part shall contain a list o f persons in respect of whom a certificate of lack of mental capacity has be en issued in accordance with the Mental Health Act . Each part of the register shall be held in alphabetical order. (4) The registrar shall enter i n the register the name, the surname, the parents’ name, an d surname at birth and after marriage of the parents, the place of birth, place of residence and a reference to a legally valid ide ntification document number of the person interdicted or incapacitated and the date and summary of the decree of interdictio n or incapacitation: Provided that from the register there shall be excluded cases: (a) where more than eighty years have elapsed since the date of the decree; (b) where the person would have reached the age of one hundred and ten years; (c) where the decree has been revoked in terms of article 526; and (d) where the person interdicte d or incapacitated has died. (5) The register shall be accessible to the public under the supervision of an officer from th e court from the premises of t he Court of voluntary jurisdiction. (6) Until an electronic regist er in accordance with this articl e is established, such register may be kept in hard copy by the Regi strar of the Court of voluntary jurisdiction who shall allow access t o the said register during the times when the registry is open. Title V Amended by: V .1864.1. OF THE PRESENTATION AND PUBLICATION OF SECRET WILLS Presentation of secret wills. Receipt. Amended by: V .1864.1; VI.1880.24.

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