LOCAL TRIBUNALS (DELIVERY OF SUMMONS) _gS.L.291.01 1
SUBSIDIARY LEGISLATION 291.01
LOCAL TRIBUNALS (DELIVERY OF SUMMONS) 
REGULATIONS
18th March, 2004
LEGAL NOTICE 133 of 2004.
Title.
(Delivery of Summons) Regulations.
Definitions.
''household'' includes, any person who at the time of delivery of
summons, lives, even though temporarily, at the particular last
registered address or postal address;
Cap. 291.
''judicial act'' means any act made in writing in terms of the
provisions of the Commissioner for Justice Act or regulations made
under the provisions of the same Act and includes summons and
subpoenas;
''last registered address'' means:
(i) in relation to a person appearing on the last issued
Electoral Register, the address shown for such person;
and in relation to persons not appearing on the last
issued Electoral Register, on the address shown for
such persons on the last Electoral Register where his
name is shown;
(ii) in relation to a body corporate having distinct legal
personality, 
(a) the address of the registered office shown on the
registration of that body corporate with any state
body or authority in Malta with which it is
obliged, under any law, to be registered in order
to function; or
(b) if there is no obligation to register, the address
of the main office given on the voluntary
registration by such body corporate with any
state body or authority.
Cap. 389.
''local wardens'' means any person duly licensed in accordance
with article 14 of the Private Guards and Local Wardens Act;
Cap. 291.
''officer'' means local wardens, officers of the Post Office, Police
officers, and any other body or persons entrusted with the service
of judicial acts by virtue of the Commissioners for Justice Act or
any other regulations made under the provisions of this same Act,
or any other law;
''officers of the Post Office'' means post-officers duly employed
in the business of the Post Office;
''place of work'' means any place where the person works,
whether as employer, employee or service provider, whether full-
2 _gS.L.291.01 LOCAL TRIBUNALS (DELIVERY OF SUMMONS)
time or part-time, whether for any remunerative consideration or
otherwise on a voluntary basis;
''place of business'' means the business address from where a
main business is conducted, and this includes but is not limited to,
the address or addresses from where the administration and, or the
management and, or the main dealings of the business are
conducted;
''postal address'' means:
(i) in relation to a natural person, the address where the
person usually receives his mail, or to such other place
that may have been indicated by the person to the
officers of the Post Office, and
(ii) in relation to a body corporate having distinct legal
personality, the last registered address;
''service'' means any service whether such service is given on a
permanent basis or whether it is given on a temporary basis;
''statement'' means the declaration made by the officer charged
with the notification of judicial acts, which declaration must be
drawn up on the certificate of notification by the officer charged
with the notification, which certificate must be completed in the
form prescribed in the Schedule;
Cap. 291. ''summons'' means an order in writing issued in accordance with
article 5(3) and (4) of the Commissioners for Justice Act;
''subpoena'' means a witness summons whereby a person is called
upon to give evidence before a Local Tribunal, and such subpoena
shall contain an order to appear at a stated place and time for the
purpose of giving evidence before the Local Tribunal.
Service. 3. (1) Notification of a summons shall be effected by the
delivery of the summons:
(a) at any place in Malta or Gozo personally to the person
on whom the summons is to be served, or
(b) by leaving such summons at the postal address or last
registered address of such person, or
(c) by leaving such summons at the place of business or
place of work of such person:
Provided that notification in terms of paragraph (b) shall
only be valid if the summons is left with some member of his
family or household, or with a person giving him a service in that
household:
Provided also that notification in terms of paragraph (c)
shall only be valid if the summons is left with some person in his
service or employment, or his attorney, or person authorised to
receive his mail:
Provided further that it shall not be lawful to leave such
summons with any person under the age of fourteen years, or with
any person who, on account of infirmity of mind, is unable to give
evidence of such service, and that a person shall be presumed to be
able to give evidence unless the contrary is proven.
LOCAL TRIBUNALS (DELIVERY OF SUMMONS) _gS.L.291.01 3
(2) No objection may be raised on the ground of irregularity of
the notification for any of the reasons stated in the above provisos
if it results that the summons has actually reached the person to be
served therewith or if the person appears before the Tribunal.
Notification to 
juridical person.
4. In the case of a body having a distinct legal personality,
notification on such body shall be effected by leaving the
summons:
(a) at its place of business, or postal address or last
registered address with any of the persons vested with
the legal or judicial representation thereof, or with any
company secretary, or with any other person
authorised in writing by such body to receive such
summons, or with any person in its service or
employment; or
(b) with any of the persons vested with the legal or
judicial representation thereof, with any company
secretary or with any other person authorised in
writing by such body to receive such summons in the
manner provided for in regulation 3.
Persons on board 
vessels, etc.
Cap. 12.
5. In the case of persons on board ships, other vessels or
aircrafts, or members of the crew having no place of residence in
Malta, notification may be effected by delivering such summons to
the master or captain of the ship, vessel or aircraft or to any other
person acting in their behalf or, in the absence of such persons, on
the agent of the ship or other vessel, as the case may be, or in the
absence of such persons and agent, on curators appointed by the
court in terms of article 929 of the Code of Organization and Civil
Procedure.
Refusal to accept 
notification.
6. Where a person to whom a judicial act is addressed, or a
person who is obliged to accept notification on behalf of the person
to whom the judicial act is addressed, refuses to receive it
personally from an officer charged with the notification of the
judicial act, such officer shall leave the judicial act as near as
reasonably possible to the person who refuses to accept the judicial
act and the person to whom the judicial act is addressed shall be
deemed regularly notified on the day and time of the refusal of
notification.
When notification 
cannot be effected.
7. (1)(a) In the event that with the second attempt to notify the
person, notification of the judicial act cannot be
effected in terms of regulations 3 and 4, the officer
charged with the notification shall leave the summons
at the last registered address or affix it to the door of
that last registered address:
Provided that the officer may not leave the
summons at the last registered address or affix it to the
door of that last registered address unless the second
attempt has been carried out the next following day or
after the lapse of any longer period.
(b) Moreover abstracts of the judicial acts shall be
published once in the Government Gazette or one daily
4 _gS.L.291.01 LOCAL TRIBUNALS (DELIVERY OF SUMMONS)
newspaper, which abstracts shall contain the name and
surname of the offender, the identity card number of
the offender, the respective Local Tribunal where the
sitting is going to be held, the sitting date and time,
and the regulation breached.
(c) However, if the last registered address is not known, it
shall suffice and a person shall be deemed to be
notified, if abstracts of the judicial act are published in
accordance with paragraph (b).
(2) The officer who effects notification in terms of
subregulation (1)(a) and (b) shall draw up a certificate of service in
terms of regulation 12.
(3) Copies of the abstracts published as required by the proviso
to subregulation (1)(b) shall be exhibited before the Local Tribunal
by the Prosecuting Officer and such fact shall be noted down in the
Local Tribunal proceedings.
(4) Notification effected in terms of subregulation (1) shall, in
all cases, be deemed to have been made three days following the
publication.
Persons present in 
Malta.
8. Regulation 7 shall also apply when notification has not
been effected and it appears to the officer charged with the
notification that one of the persons mentioned in regulation 4 is
present in Malta.
Notification of 
subpoenas.
9. (1) Notification of subpoenas shall be carried out in
accordance with regulations 3 to 5 and regulation 10:
Provided that if a person to whom a subpoena is addressed,
or a person who is obliged to accept notification on behalf of the
person to whom the subpoena is addressed, refuses to receive it
personally from an officer charged with the notification of the
summons, such officer shall leave the subpoena as near as
reasonably possible to the person who refuses to accept the
subpoena and such person may be found guilty of contempt.
(2) The officer charged with the notification shall fill in the
certificate of notification in accordance with regulation 12.
Service to be 
effected by Local 
Wardens.
Cap. 291.
10. For the purpose of these regulations, service of all the
judicial acts filed or issued by the Local Council or Local Tribunal
shall be carried out by Local Wardens, and, or by officers of the
Post Office, and, or by Police officers, and, or any other body or
persons entrusted with such service by virtue of the Commissioners
for Justice Act as contained under the Schedule or any other
regulations made under the provisions of this same Act, or any
other law:
Provided that precautionary and executive warrants shall
only be served or executed by officers of the courts and by Police
officers.
Times of 
notification.
11. Notification of judicial acts shall be executed between
seven o’clock in the morning and seven o’clock in the evening,
between Monday and Saturday both days inclusive, excluding
LOCAL TRIBUNALS (DELIVERY OF SUMMONS) _gS.L.291.01 5
public holidays.
Nevertheless where the urgency of the case does not admit
of any delay the Commissioner may order the notification to be
made at any other time or day.
Authorised server.
purpose of carrying out duties in or connected with the delivery of
summons and, or other judicial acts, which duties shall be carried
out in accordance with the conditions listed in the authorisation
appointing the authorised server therewith.
(2) The Minister shall verify that the person who is to be
appointed as an authorised server and any person who is employed
with the authorised server and who has the effective control of the
services to be provided by the person who is to be appointed as the
authorised server:
(a) has not been convicted in Malta or elsewhere of any
crime of wilful homicide or of wilful grievous bodily
harm or any crime against property aggravated by an
amount exceeding one thousand liri or by violence or
any crime against public trust or any other serious
crime; or
(b) has not been declared bankrupt or his financial
position is precarious or otherwise renders the
applicant unsuitable; or
(c) has not been discharged from the Police or armed
forces or the prison services because of any offence or
other misbehaviour; or
(d) is not a public officer other than one who belongs to a
grade or category as may be prescribed by the
Minister, or a member of the Police, or armed forces,
or the prison services; or
(e) has not been convicted in Malta or elsewhere of a
crime against the person or against property and the
application is made within five years from the
commission of the crime.
(3) No person shall operate, act or offer his services as an
authorised server, unless such person is authorised in accordance
with the provisions of these regulations. Nor may such person
employ, engage or permit the use of the service of a server unless
such service is provided by a qualified server. For the purpose of
these regulations, a server shall mean an individual whose services
are rendered in the provision of authorised server services.
(4) It shall not be lawful to employ, engage or permit the use of
the service of a server unless the server is operating through the
authorised server duly authorised in accordance with these
regulations.
Certificate of 
service.
13. The officer charged with the notification of the summons
shall, draw up a certificate of notification stating the name and
surname of the person on whom service was effected and, if the
summons was not served directly on the person on whom service
6 _gS.L.291.01 LOCAL TRIBUNALS (DELIVERY OF SUMMONS)
was to be effected, the name and the surname of the person to
whom the summons was delivered. The officer shall also note down
the place where the summons was served, date and time when the
summons was served:
Provided that if the person refuses to accept the summons in
terms of regulation 4 the officer shall, also note down the fact
together with the circumstances of such refusal, on the certificate
of notification:
Provided that, if notification is effected in terms of
regulation 7(1)(b) it shall be sufficient if the officer, on the
certificate of notification, states and confirms the place, day and
time he attempted notification:
Provided also that if the judicial act is delivered, in respect
of a person at one of the places referred to in regulation 3(b) and, in
respect of a body corporate or incorporate at one of the places
referred to in regulation 4(a) or (b) above, the person to whom the
summons was delivered refuses to identify himself, and the officer
charged with the service is satisfied that the person who refuses to
receive and, or identify himself is of age and of sound mind, it shall
be sufficient if, on the certificate of notification, the officer notes
down the facts of the case, the date and time when notification was
effected and the place where notification was effected.
Nevertheless, for the purpose of this regulation, delivery in terms
of regulation 4(b) shall be limited to the procedure stipulated in
regulation 3(b).
The officer charged with the notification of the summons
may also, on the certificate of notification, note down any other
relevant remarks.
Officer charged 
with service.
14. The officer charged with the service shall draw up the
certificate of notification using the form prescribed in the
Schedule.
Certificate deemed 
proof of own 
contents.
15. The certificate of notification shall be deemed to be proof
of its own contents unless otherwise proven by any party in the
proceedings and such proof provided by the contending party
appears justified prima facie to the adjudicator of the Tribunal or of
the Court.
These regulations 
not inconsistent 
with other laws.
Cap. 291.
Cap. 9.
16. Nothing contained in these regulations shall be construed
to be inconsistent with the provisions of the Commissioners for
Justice Act or the Criminal Code.
LOCAL TRIBUNALS (DELIVERY OF SUMMONS) _gS.L.291.01 7
SCHEDULE
QUDDIEM
Data: 05/Feb/2004 Seduta Mosta 17/Mar/2004 16.30 Kontrav Nru: 901-98177-9 Nru 9434
Ta_hrika 2
Innotifika lil: Mario Farrugia, Fredlin, 151 Triq _Hamri, Naxxar.
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