Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 912

Official PDF on legislation.mt

912. No demand as is mentioned in article 911 shall be granted unless the applicant confirms on oath, in the case of an applic ation, before the registrar, and in the case of an oral demand, before the Advocate for Legal Aid: (a) that he believes that he has reasonable grounds for taking or defending, continuing or being a party to proceedings; and (b) that excluding the subject-m atter of the proceedings, he does not possess property of any sort, the net value whereof amounts to, or exceeds, thirteen thousand euro (€13,000), or such other sum as the Minister responsible for justice may from time to time by order in the Gazette establish, not including everyday household items that a re considered reasonably necessary for the use by appl icant and his family, and that his yearly income is not more than the national minimum wage established for persons of eighteen years and over, or such other sum as the Minister responsible for justice may from time to time by order in the Gazette establish: Provided that in calcu lating the said net asset value, no account shall be taken of the principal residence of applicant or of any other property, immovable or movable, which forms the subject matter of court proceedings, even though such other property is not the subject-m atter of the proceedings in respect of which legal aid is being applied for: Provided further that in calculating the said net asset value, account shall be tak en of the rent paid for the CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 255 property used as the main res idence, upon presentation of a registered contract according to law and relevant payment receipts; and account shall be taken of the maintenance paid to the other spouse and children, issued by a Court order, upon presentation of relevant evidence of payment: Provided further that in calculating the income, the period of computation shall be the twelve months’ period prior to the demand for the benefit of legal aid. Non-applicability of s. 912. Added by: XI.1980.4.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.