Civil Code (Cap. 16)

Civil Code (Cap. 16), article 270

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270. (1) A diplomatic or consular representative, when so requested by any person interested, shall, in respect of a chil d who is born or of a person who dies in a foreign country and is a c itizen of Malta - (a) draw up the act of birth of such child or the act of death of such person and record such act in an apposite register; (b) receive for registration the act of birth of such child or the act of death of such person issued by the competent authority of the place wher e the birth or death has taken place and record such act in the apposite register referred to in the last preceding paragraph. ( 2 ) W h e r e a c i t i z e n o f M a l t a m a rries in a foreign country, a diplomatic or consular represent ative shall receive for registr ation, at the request of either of the parties contracting such marria ge or any parents of either of them, a ny act which according to the l aw of the country where the marriage has taken place is evidence of t he marriage and shall record such act in an apposite register. ( 3 ) T h e p r o v i s i o n s o f t h i s T i t l e s h a l l , a s f a r a s p r a c t i c a b l e , apply to and for the purpose of the acts drawn up and the regis ters kept under the provisions of the foregoing sub-articles by diplomatic and consular represent atives, who shall have in resp ect of such acts and registers the same powers, rights and obligati ons as are in this Title conferred or imposed upon the Director of Public Registry. (4) The registers referred to in sub-articles (1) and (2) of thi s article shall be kept for yearly periods and shall contain an alphabetical index of the registrations entered therein. A certified duplicate copy of such registers with the diplomatic or consula r representative’s signature immediately after the last entry transcribed therein shall be transmitted to the Director of Pub lic Registry, for preservation in the Public Registry in Malta, not later than the 31st day of March of the year immediately following th e year to which the registers refer, and the provisions of articl es 251, 252, 253, 254, 255, 256 and 257 shall apply in regard to the registrations contained in such duplicate registers as if they were registrations in the register books mentioned in article 238. (5) The Director of the Public Registry, within thirty days of any correction, cancellation or annotation which he makes in a duplicate register pursuant to the judgment of a court or to th e order of the retired Judge or retired Magistrate or retired advocate of the Court of Revision of Notarial Acts, shall inform of such correc tion, cancellation or annotation the diplomatic or consular represent ative in the country where the original register is kept who shall forthwith cause the same correction, cancellation or annotation, as the case may be, to be made in su ch register and shall initial it. (6) Any person who before a diplomatic or consular representative commits the offen ce referred to in article 263 m ay in Malta be prosecuted, tried and punished for such offence in the same manner and to the same extent as if the offence had been committed in Malta. CIVIL CODE [CAP. 16. 103 Cap. 9. (7) Any person who suppositiously represents to a diplomatic or consular representative an infant to have been born of a wom an who had not been delivered of a child so as to cause such representative to draw up an act of birth under sub-article (1) of this article shall be prosecuted, tried and punished in Malta i n the same manner and to the same extent as if he had committed in Malta the corresponding offence mentioned in article 210 of the Criminal Code. ( 8 ) T h e p r o v i s i o n s o f s u b - a r t i c l e s ( 6 ) a n d ( 7 ) o f t h i s a r t i c l e shall not apply if the person who has committed the offence has been tried for the sam e facts constituting it in another countr y. (9) Any reference in this articl e to a diplomatic or consular representative shall be deemed t o be a reference to the diploma tic or consular representative of the Government of Malta in the foreign country where a birth, marriage or death has taken place. Power to make regulations. Added by: XXV .1973.3. Substituted by: III.1994.9. Amended by: IX.2000.2; XXV .2014.4.

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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.