Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 58
58. (1) There shall be such registries of the Courts and other
tribunals established by law, as the Minister responsible for j ustice
may by regulations under this article establish.
(2) Such regulations shall assign to each court or tribunal the
registry that is to serve it and more than one court or tribuna l may
in accordance with such registries be so served by the same
registry.
(3) Any reference in any law to t he registry of any particular
court or tribunal shall be deemed to be a reference to the regi stry
assigned to such court or tribunal by the Minister in regulatio ns
made under this article.
(4) Each registry shall be headed by a public officer designated
by the Minister for the purpose and, failing such designation, by the
Director General (Courts). The h ead of each registry is hereina fter
referred to as ''the registrar''.
(5) Each registrar shall have th e functions, powers and duties
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 23
vested in him by this Code or by any other applicable law as we ll as
by any regulation which may, from time to time, be made by the
Minister responsible for justice.
(6) The duties of the registrar, including any duties during
sittings of the courts, shall be carried out by the registrar p ersonally
or by such other persons or by court executive officers as the
Minister responsible for justice may designate or, failing such
designation, by any person so delegated by the registrar, and s uch
designation may also specify the duties that shall be carried o ut by
each such person or officer.
(7) Any provision in this Code or in any other law or regulation
which makes reference to the registrar shall be construed as a
reference to the registrar of su ch registry to which the provis ion
refers or the registrar heading the registry assigned to serve that
court and, failing any such refer ence, it shall be construed as a
reference to the registrar res ponsible for the registry assigne d to
serve the Civil Court.
(8) Subject to the provisions of this Code and of any rules
made under article 29, the registrar shall take orders from the
judicial authorities in relation to any judicial proceedings an d in
relation to any judicial act, that is to say:
(a) in the superior courts in matters concerning a
particular court, he shall take orders from the judge or
from the judges, if there are two or more judges, of
that court; in other cases, he shall take orders from the
Chief Justice; and
(b) in the inferior courts, he shall take orders from the
magistrates of the particular court.
(9) The provisions of sub-article (8) shall, subject to the
provisions of article 69, apply, mutatis mutandis , to court executive
officers.
Cap. 79.
(10) The Director General (Courts ), the registrar and any of the
court executive officers so designated by the Minister responsi ble
for justice shall, for the purposes of the Commissioners for Oaths
Ordinance , be ex officio Commissioners for Oaths.
Cases in which
registrar is
debarred from
acting as such.
Added by:
VI.1880.7.
Amended by:
IX.1886.7;
VIII 1903.1.
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.