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