Civil Code (Cap. 16)

Civil Code (Cap. 16), article 257

Official PDF on legislation.mt

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.

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.