Civil Code (Cap. 16)
Civil Code (Cap. 16), article 257
257. (1) Notwithstanding the provisions of articles 253 to 256,
both included:
(a) the correction of a registration consisting in the
rectification of the erroneous indication of any one or
more of the particulars specified, in respect of each
act, in Part III of the First Schedule to this Code, may
also be effected upon an o rder made in writing by the
retired Judge or retired Mag istrate or retired advocate
of the Court of Revision of Notarial Acts; and
(b) where the registration of an Act of Birth of a person may
give rise to the creation of a double identity or to lack of
clarity regarding the identity of the said person due to the
fact that the said person would not still be registered by the
said name and, or surname in the official acts and, or
documents of another country, the retired Judge, the retired
Magistrate or the retired advocate of the Court of Revision
of Notarial Acts shall have the power upon the application
of that person to order that the necessary annotations be
made on the Act of Birth of that person as well as any
other act of civil status where in the name and, or surname
of the said person appears for the purpose of making the
98 [CAP. 16. CIVIL CODE
said changes in the name and, or surname known.
(2) The demand for any such correction shall be made by an
application filed in the Court of Revision of Notarial Acts,
accompanied by a full copy of the registration in respect of wh ich
the correction is required.
(3) A copy of any such application shall be served on the
Director of the Public Registry within three (3) working days o f its
being filed.
(4) The applicant shall be required to produce such evidence as
the said retired Judge or retired Magistrate or retired advocat e may
deem necessary and, before making any order, he shall give to t he
Director of the Public Registry an opportunity of being heard.
(5)As soon as may be after the date of any order made as
aforesaid by the said retired Ju dge or retired Magistrate or re tired
advocate and, in any case, not lat er than ten (10) days from su ch
date, the registrar of the said court shall, at the expense of the
applicant, serve a copy thereo f on the Director of the Public
Registry and shall cause a notic e of the effect thereof to be
published in the Gazette.
(6)The Director of the Public Reg istry or any person interested
may, within six (6) days of the publication of the said notice in the
Gazette, enter an appeal from such order by means of an
application to the Court of Appeal.
(7)Notice of any appeal so entered by any person other than the
Director of the Public Registry shall be given to the latter by the
Registrar of Courts not later than two (2) days from the date o f
filing of the application of appeal.
(8) ( a)Any correction or annotation ordered as aforesaid by such
retired Judge or retired Magistra te or retired advocate shall b e
made by the Director within ten (10) days of the publication of the
order in the Gazette or, where an appeal against such order has been
entered, within six (6) days of the day on which the matter is finally
disposed of by the Court of Appeal.
(b) Where the correction or annotation on the Act of Birth
is in re spect of a person who is not yet a citizen of
Malta, such registration with the correction or
annotation as ordered by the Court of Revision of
Notarial Acts shall be made by the Director only after
the applicant is confirmed t o be registered as a citizen
of Malta.
(9) A reference to the order made by such retired Judge or reti red
Magistrate or retired advocate or to the judgment of the Court of
Appeal shall be entered in the ma rgin of the register against t he
entry affected.
CIVIL CODE [CAP. 16. 99
Action for an
annotation in the
indication of sex
particulars
appearing in an act
of birth.
Added by:
XVIII.2004.37.
Amended by:
XXII.2005.81.
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.