 MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) g CAP. 242.         1
CHAPTER 242 
MAINTENANCE ORDERS (RECIPROCAL 
ENFORCEMENT) ACT
To make new provision in place of the Maintenance Orders (Facilities
for Enforcement) Ordinance (Cap. 48); to make provision with a view to
the accession by Malta to international conventions relating to
maintenance; to make other provision for facilitating the recovery of
maintenance by or from persons in Malta from or by persons in other
countries; and for purposes connected with the matters aforesaid.
(26th March, 1974) *
(1st May, 1975) †
(12th December, 1977) ‡
(17th April, 1978) §
Enacted by ACT XX of 1974, as amended by Legal Notice 148 of 1975;
and Acts: LVIII of 1974, XIII of 1983, and XXIV of 1995.
PRELIMINARY
Short title.
(Reciprocal Enforcement) Act.
Interpretation. 
Amended by: 
L.N. 148 of 1975;
XXIV.1995.362.
2. (1) In this Act, unless the context otherwise requires - 
"affiliation order" means an order (however described)
adjudging, finding or declaring a person to be the father of a child,
whether or not it also provides for the maintenance of the child;
"certificate of arrears", in relation to a maintenance order, means
a certificate certifying that the sum specified in the certificate is to
the best of the information or belief of the officer giving the
certificate the amount of the arrears due under the order at the date
of the certificate or, as the case may be, that to the best of his
information or belief there are no arrears due thereunder at that
date;
"certified copy", in relation to an order of a court, means a copy
of the order certified by the registrar or other proper officer of the
court to be a true copy;
"competent Maltese court" means the Civil Court, First Hall;
"court" includes any tribunal or person having power to make,
confirm, enforce, vary or revoke a maintenance order;
"creditor", in relation to a maintenance order, means the person
entitled to the payments for which the order provides;
"debtor", in relation to a maintenance order, means the person
liable to make payments under the order;
"maintenance order" means an order (however described) of any
* See  Government Notice No. 216 of 26th March, 1974.
† See  Legal Notice 48 of 1975.
‡ See  Legal Notice 153 of 1977. 
§ See  Legal Notice 44 of 1978.
  2      CAP. 242. h       MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)  
of the following description, that is to say -
( a ) an order (including an affiliation order or order
consequent upon an affiliation order) which provides
for the periodical payment of sums of money towards
the maintenance of any person, being a person whom
the person liable to make payments under the order is,
according to the law applied in the place where the
order was made, liable to maintain; and
( b ) an affiliation order or order consequent upon an
affiliation order, being an order which provides for the
payment by a person adjudged, found or declared to be
a child’s father of expenses incidental to the child’s
birth or, where the child has died, of his funeral
expenses,
and, in the case of a maintenance order which has been varied,
means that order as varied;
"Malta" has the same meaning as is assigned to it by section 124
of the Constitution of Malta;
"Minister" means the Minister responsible for justice;
"order" includes any decree or other decision, including an
interlocutory decree;
"Ordinance" means the Maintenance Orders (Facilities for
Enforcement) Ordinance;
"provisional order" means (according to the context) -
( a ) an order made by a court in Malta which is provisional
only and has no effect unless and until confirmed, with
or without alteration, by a competent court in a
reciprocating country; or
( b ) an order made by a court in a reciprocating country
which is provisional only and has no effect unless and
until confirmed, with or without alteration, by the
competent Maltese court;
"reciprocating country" has the meaning assigned to it by section
3 of this Act;
"registered order" means a maintenance order which is for the
time being registered, or deemed to be registered, in the competent
Maltese court under this Act;
"Registrar" means the Registrar of Courts of Malta;
"the responsible authority", in relation to a reciprocating country
means any person who in that country has functions similar to those
of the Minister under this Act;
(2) For the purposes of this Act an order shall be taken to be a
maintenance order so far (but only so far) as it relates to periodical
payment of sums of money as mentioned in paragraph ( a ) of the
definition of "maintenance order" in subsection (1) of this section
or to the person adjudged, found or declared to be a child’s father
of any such expenses as are mentioned in paragraph ( b ) of that
 MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) g CAP. 242.         3
definition.
(3) Any reference in this Act to the payment of money for the
maintenance of a child shall be construed as including a reference
to the payment of money for the child’s education.
RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS MADE 
IN MALTA OR RECIPROCATING COUNTRY
Orders designating 
reciprocating 
countries. 
Amended by: 
LVIII. 1974.68.
3. * (1) The President of Malta, if satisfied that, in the event of
the benefits conferred by this Act being applied to, or to particular
classes of, maintenance orders made by the courts of any country or
territory outside Malta, similar benefits will in that country or
territory be applied to, or to those classes of, maintenance orders
made by the courts of Malta, may by Order designate that country
or territory as a reciprocating country for the purposes of this Act;
and, subject to subsection (2) of this section, in this Act
"reciprocating country" means a country or territory that is for the
time being so designated.
(2) A country or territory may be designated under subsection
(1) of this section as a reciprocating country either as regards
maintenance orders generally, or as regards maintenance orders
other than those of any specified class, or as regards maintenance
orders of one or more specified classes only; and a country or
territory which is for the time being so designated otherwise than as
regards maintenance orders generally shall, for the purposes of this
Act, be taken to be a reciprocating country only as regards
maintenance orders of the class to which the designation extends.
ORDERS MADE BY COURTS IN MALTA
Transmission of 
maintenance order 
made in Malta for 
enforcement in 
reciprocating 
country.
4. (1) Subject to subsection (2) of this section, where the
debtor under a maintenance order made, whether before or after the
commencement of this section, by a court in Malta is residing in a
reciprocating country, the creditor under the order may apply for
the order to be sent to that country for enforcement.
(2) Subsection (1) of this section shall not have effect in
relation to a provisional order.
(3) Every application under this section shall be made to the
court which made the maintenance order to which the application
relates.
(4) If on an application duly made under this section, the court
is satisfied that the debtor under the maintenance order to which the
application relates is residing in a reciprocating country, the
following documents, that is to say:
( a ) a certified copy of the maintenance order;
( b ) a certificate signed by the registrar of the court
* See  Legal Notices 56 and 57 of 1984.
  4      CAP. 242. h       MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)  
certifying that the order is enforceable in Malta;
( c ) a certificate of arrears so signed;
( d ) a statement giving such information as the said
registrar possesses as to the whereabouts of the debtor; 
( e ) a statement giving such information as the said
registrar possesses for facilitating the identification of
the debtor; and
( f ) where available a photograph of the debtor,
shall be sent by the court to the Minister with a view to their being
transmitted by the Minister to the responsible authority in the
reciprocating country if he is satisfied that the statement relating to
the whereabouts of the debtor gives sufficient information to justify
that being done.
(5) Nothing in this section shall be taken as affecting any
jurisdiction of any court in Malta with respect to a maintenance
order to which this section applies, and any such order may be
enforced, varied or revoked accordingly.
Power of court to 
make a provisional 
maintenance order 
against person 
residing in a 
reciprocating 
country.
5. (1) Where an application is made to a court in Malta for a
maintenance order against a person residing in a reciprocating
country and it is shown to the court that it would have jurisdiction
by virtue of any enactment to make a maintenance order if -
( a ) that person were domiciled in Malta; and
( b ) a summons to appear before the court to answer to the
demand had been duly served on him, 
the court shall have jurisdiction to hear the application and may,
subject to subsection (2) of this section, make a maintenance order
on the application as if a summons had been duly served on the
person aforesaid and such person had failed to make appearance at
the hearing.
(2) A maintenance order made by virtue of this section shall be
a provisional order.
(3) Where a court makes a maintenance order which is by
virtue of this section a provisional order, the following documents,
that is to say -
( a ) a certified copy of the maintenance order;
( b ) a document, authenticated by the registrar of the court
making the order, setting out or summarising the
evidence given in the proceedings;
( c ) a certificate signed by the said registrar certifying that
in the opinion of the court the grounds stated in the
certificate are the grounds on which the making of the
order might have been opposed by the debtor under the
order;
( d ) a statement giving such information as was available
to the court as to the whereabouts of the debtor;
( e ) a statement giving such information as the said
 MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) g CAP. 242.         5
registrar possesses for facilitating the identification of
the debtor; and
( f ) where available, a photograph of the debtor,
shall be sent by the court to the Minister with a view to their being
transmitted by the Minister to the responsible authority in the
reciprocating country in which the debtor is residing if he is
satisfied that the statement relating to the whereabouts of the debtor
gives sufficient information to justify that being done.
(4) A maintenance order made by virtue of this section which
has been confirmed by a competent court in a reciprocating country
shall be treated for all purposes as if the court which made the order
had made it in the form in which it was confirmed and as if the
order had never been a provisional order, and subject to section 6 of
this Act, any such order may be enforced, varied or revoked
accordingly.
Variation and 
revocation of 
maintenance order 
made in Malta.
6. (1) This section applies to a maintenance order a certified
copy of which has been sent to a reciprocating country in pursuance
of section 4 of this Act and to a maintenance order made by virtue
of section 5 of this Act which has been confirmed by a competent
court in such a country.
(2) A court in Malta having power to vary a maintenance order
to which this section applies shall have power to vary that order by
a provisional order.
(3) Where the court hearing an application for the variation of a
maintenance order to which this section applies proposes to vary it
by increasing the rate of the payments under the order then, unless
either - 
( a ) both the applicant and the debtor under the order
appear in the proceedings; or
( b ) the applicant appears and the appropriate process has
been duly served on the other party,
the order varying the order shall be a provisional order.
(4) Where a court in Malta makes a provisional order varying a
maintenance order to which this section applies, that court shall
send, to the court in a reciprocating country having power to
confirm the provisional order a certified copy of the provisional
order together with a document, duly authenticated setting out or
summarising the evidence given in the proceedings.
(5) Where a certified copy of a provisional order made by a
court in a reciprocating country, being an order varying or revoking
a maintenance order to which this section applies, together with a
document, duly certified, setting out or summarising the evidence
given in the proceedings in which the provisional order was made,
is received by the court in Malta which made the maintenance
order, that court may confirm or refuse to confirm the provisional
order and, if that order is an order varying the maintenance order,
confirm it either without alteration or with such alterations as it
thinks reasonable.
  6      CAP. 242. h       MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)  
(6) For the purpose of determining whether a provisional order
should be confirmed under subsection (5) of this section, the court
shall proceed as if an application for the variation or revocation, as
the case may be, of the maintenance order in question had been
made to it, and for this purpose a copy of the provisional order shall
be served on the debtor together with an intimation that unless he
makes an appearance at the hearing, or otherwise enters a reply at
or before the hearing, the court will confirm the provisional order
under this section.
(7) Where a maintenance order to which this section applies
has been varied by an order (including a provisional order which
has been confirmed) made by a court in Malta or by a competent
court in a reciprocating country, the maintenance order shall, as
from the date on which the order was made, have effect as varied
by that order and, where that order was a provisional order, as if
that order had been made in the form in which it was confirmed and
as if it had never been a provisional order.
(8) Where a maintenance order to which this section applies
has been revoked by an order made by a court in Malta or by a
competent court in a reciprocating country, including a provisional
order made by the last-mentioned court which has been confirmed
by a court in Malta, the maintenance order shall, as from the date
on which the order was made, be deemed to have ceased to have
effect except as respect any arrears due under the maintenance
order at that date.
(9) Where before a maintenance order made by virtue of
section 5 of this Act is confirmed a document, duly certified,
setting out a summarising evidence taken in a reciprocating country
for the purpose of proceedings relating to the confirmation of the
order is received by the court in Malta which made the order, or
that court, in compliance with a request made to it by a court in
such a country, takes the evidence of a person residing in Malta for
the purpose of such proceedings, the court in Malta which made the
order shall consider that evidence and if, having done so, it appears
to it that the order ought not to have been made -
( a ) it shall, give to the person on whose application the
maintenance order was made an opportunity to
consider that evidence, to make representations with
respect to it and to adduce further evidence; and
( b ) after considering all the evidence and any
representations made by that person, it may revoke the
maintenance order.
ORDERS MADE BY COURTS IN RECIPROCATING COUNTRIES 
Registration in 
Malta court of 
maintenance order 
made in 
reciprocating 
country.
7. (1) This section applies to a maintenance order made,
whether before or after the commencement of this section, by a
court in a reciprocating country, including such an order made by
such a court which has been confirmed by a court in another
reciprocating country but excluding a provisional order which has
 MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) g CAP. 242.         7
not been confirmed.
(2) Where a certified copy of an order to which this section
applies is received by the Minister from the responsible authority in
a reciprocating country, and it appears to the Minister that the
debtor under the order is residing in Malta, he shall send the copy
of the order to the Registrar.
(3) Where the Registrar receives from the Minister a certified
copy of an order to which this section applies, he shall, subject to
subsection (4) of this section register the order in the competent
Maltese court.
(4) Before registering an order under this section the Registrar
shall take such steps as he thinks fit for the purpose of ascertaining
whether the debtor under the order is residing in Malta, and if after
taking those steps he is satisfied that the debtor is not so residing he
shall return the certified copy of the order to the Minister with a
statement giving such information as he possesses as to the
whereabouts of the debtor.
Confirmation by 
court in Malta of 
provisional 
maintenance order 
made in 
reciprocating 
country.
8. (1) This section applies to a maintenance order made,
whether before or after the commencement of this section, by a
court in a reciprocating country being a provisional order.
(2) Where a certified copy of an order to which this section
applies together with -
( a ) a document, duly authenticated, setting out or
summarising the evidence given in the proceedings in
which the order was made; and
( b ) a statement of the grounds on which the making of the
order might have been opposed by the debtor under the
order,
is received by the Minister from the responsible authority in a
reciprocating country, and it appears to the Minister that the debtor
under the order is residing in Malta, he shall send the copy of the
order and documents which accompanied it to the Registrar, and
the competent Maltese court, shall - 
(i) if the debtor under the order establishes any such
defence as he might have raised in the
proceedings in which the order was made, refuse
to confirm the order; and
(ii) in any other case, confirm the order either
without relation or with such alterations as it
thinks reasonable.
(3) In any proceedings for the confirmation under this section
of a provisional order, the statement received from the court which
made the order of the grounds on which the making of the order
might have been opposed by the debtor under the order shall be
conclusive evidence that the debtor might have raised a defence on
any of those grounds in the proceedings in which the order was
made.
(4) For the purpose of determining whether a provisional order
  8      CAP. 242. h       MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)  
should be confirmed under this section the court shall proceed as if
an application for a maintenance order against the debtor under the
provisional order had been made to it and for this purpose a copy of
the order shall be served on the debtor under the order together
with an intimation that unless he makes appearance at the hearing,
or otherwise enters a reply at or before the hearing, the court will
confirm the order under this section.
(5) If the court confirms the order, the Registrar shall register
the order in that court, and if the court refuses to confirm the order,
the Registrar shall return the certified copy of the order and the
documents which accompanied it to the Minister.
(6) If an intimation to appear in the proceedings for the
confirmation of the provisional order cannot be duly served on the
debtor under that order the Registrar shall return that copy and the
documents which accompanied it to the Minister with a statement
giving such information as he possesses as to the whereabouts of
the debtor.
Enforcement of 
maintenance order 
registered in a 
Maltese court. 
Amended by: 
XIII. 1983.5.
9. (1) A registered order may be enforced in Malta as if it had
been made by the registering court and as if that court had had
jurisdiction to make it; and proceedings for or with respect to the
enforcement of any such order may be taken accordingly.
(2) Any person for the time being under an obligation to make
payments in pursuance of a registered order shall give notice of any
change of address to the Registrar, and any person failing without
reasonable excuse to give such notice shall be liable on conviction
to a fine ( multa ) not exceeding ten liri.
(3) In any proceedings for or with respect to the enforcement of
an order which is for the time being registered under this Act a
certificate of arrears sent to the Registrar shall be evidence of the
facts stated therein.
(4) Subject to subsection (5) of this section, sums of money
payable under a registered order shall be payable in accordance
with the order as from the date on which the order was made.
(5) The court having power under section 8 of this Act to
confirm a provisional order may, if it decides to confirm the order,
direct that the sums of money payable under it shall be deemed to
have been payable in accordance with the order as from such date,
being a date later than the date on which the order was made, as it
may specify; and subject to any such direction, a maintenance order
registered under the said section 8 shall be treated as if it had been
made in the form in which it was confirmed and as if it had never
been a provisional order.
Variation and 
revocation of 
maintenance order 
registered in a 
Maltese court.
10. (1) Subject to the provisions of this section, the competent
Maltese court - 
( a ) shall have the like power, on an application made by
the debtor or creditor under a registered order to vary
or revoke the order as if it had been made by the
competent Maltese court and as if that court had had
jurisdiction to make it; and
 MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) g CAP. 242.         9
( b ) shall have the power to vary or revoke a registered
order by a provisional order.
(2) The competent Maltese court shall not vary a registered
order otherwise than by a provisional order unless - 
( a ) both the debtor and the creditor under the registered
order are for the time being residing in Malta; or
( b ) the application is made by the creditor under the
registered order; or
( c ) the variation consists of a reduction in the rate of the
payments under the registered order and is made solely
on the ground that there has been a change in the
financial circumstances of the debtor since the
registered order was made or, in the case of an order
registered under section 8 of this Act, since the
registered order was confirmed, and the courts in the
reciprocating country in which the maintenance order
in question was made do not have the power,
according to the law in force in that country, to
confirm provisional orders varying maintenance
orders.
(3) The competent Maltese court shall not revoke a registered
order except by a provisional order unless both the debtor and the
creditor under the registered order are for the time being residing in
Malta.
(4) On an application for the revocation of a registered order
the competent Maltese court shall, unless both the debtor and the
creditor under the registered order are for the time being residing in
Malta, apply the law applied by the reciprocating country in which
the registered order was made; but where by virtue of this
subsection the competent Maltese court is required to apply that
law, that court may make a provisional order if it has reason to
believe that the ground on which the application is made is a
ground on which the order could be revoked according to the law
applied by the reciprocating country, notwithstanding that it has not
been established that it is such a ground.
(5) Where the competent Maltese court makes a provisional
order varying or revoking a registered order the court shall send to
the court in the reciprocating country which made the registered
order a certified copy of the provisional order together with a
document, duly authenticated, setting out or summarising the
evidence given in the proceedings.
(6) Where a certified copy of a provisional order made by a
court in a reciprocating country, being an order varying a registered
order, together with a document, duly authenticated, setting out or
summarising the evidence given in the proceedings in which the
provisional order was made, is received by the competent Maltese
court, that court may confirm the order either without alteration or
with such alterations as it thinks reasonable or refuse to confirm the
order.
(7) For the purpose of determining whether a provisional order
  10      CAP. 242. h       MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)  
should be confirmed under subsection (6) of this section the court
shall proceed as if an application for the variation of the registered
order has been made to it, and for this purpose a copy of the order
shall be served on the debtor under the order together with an
intimation that unless he makes appearance at the hearing, or
otherwise enters a reply at or before the hearing, the court will
confirm the provisional order under this section.
(8) Where a registered order has been varied by an order
(including a provisional order which has been confirmed) made by
the competent Maltese court or by a competent court in a
reciprocating country, the registered order shall, as from the date
on which the order was made, have effect as varied by that order
and, where that order was a provisional order, as if that order had
been made in the form in which it was confirmed and as if it had
never been a provisional order.
(9) When a registered order has been revoked by an order made
by the competent Maltese court or by a competent court in a
reciprocating country, including a provisional order made by the
first-mentioned court which has been confirmed by a competent
court in a reciprocating country, the registered order shall, as from
the date on which the order was made, be deemed to have ceased to
have effect except as respects any arrears due under the registered
order at that date.
(10) The Registrar shall register any order varying a registered
order other than a provisional order which is not confirmed.
Cancellation of 
registration on 
transfer of order.
11. (1) Where -
( a ) a registered order is revoked by an order made by the
competent Maltese court; or
( b ) a registered order is revoked by a provisional order
made by that court which has been confirmed by a
court in a reciprocating country and notice of the
confirmation is received by the competent Maltese
court; or
( c ) a registered order is revoked by an order made by a
court in such a country and notice of the revocation is
received by the competent Maltese court,
the Registrar shall cancel the registration; but any arrears due under
the registered order at the date when its registration is cancelled by
virtue of this subsection shall continue to be recoverable as if the
registration had not been cancelled.
(2) Where the Registrar, after taking such steps as he thinks fit
for the purpose of ascertaining whether the debtor under a
registered order is residing in Malta, is satisfied, that the debtor
under the order has ceased to reside in Malta, he shall cancel the
registration of the order and shall send the certified copy of the
order to the Minister, together with -
( a ) a certificate of arrears signed by him;
( b ) a statement giving such information as he possesses as
 MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) g CAP. 242.         11
to the whereabouts of the debtor; and
( c ) any relevant documents in his possession relating to
the case.
Steps to be taken 
where debtor under 
certain orders is 
not residing in 
Malta.
12. (1) If it appears to the Minister that the debtor under a
maintenance order, a certified copy of which has been received by
him from a reciprocating country, is not residing in Malta or, in the
case of an order which subsequently became a registered order, has
ceased to reside in Malta, he shall send to the responsible
authorities in that country or, if having regard to all the
circumstances he deems proper to do so, to the responsible
authority in another reciprocating country - 
( a ) the certified copy of the order in question and a
certified copy of any order varying that order;
( b ) if the order has at any time been a registered order, a
certificate of arrears signed by the Registrar;
( c ) a statement giving such information as the Minister
possesses as to the whereabouts of the debtor; and 
( d ) any other relevant documents in his possession
relating to the case.
(2) Where the documents mentioned in subsection (1) of this
section are sent to the responsible authority in a reciprocating
country other than that in which the order in question was made,
the Minister shall inform the responsible authority in the
reciprocating country in which that order was made of what he has
done.
APPEALS
Appeals.
pursuance of any provision of this Act by the competent Maltese
court.
(2) Where in pursuance of any such provision the said court
confirms or refuses to confirm a provisional order made by a court
in a reciprocating country, whether a maintenance order or an order
varying or revoking a maintenance order, the creditor or debtor
under the maintenance order shall have the like right of appeal from
the confirmation of, or refusal to confirm, the provisional order as
he would have if that order were not a provisional order and the
competent Maltese court had made or, as the case may be, refused
to make it.
(3) Where in pursuance of any such provision the competent
Maltese court makes, or refuses to make, an order varying or
revoking a maintenance order made by a court in a reciprocating
country, then, subject to subsection (1) of this section, the debtor or
creditor under the maintenance order shall have the like right of
appeal from that order or from the refusal to make it as he would
have if the maintenance order had been made by the competent
Maltese court.
  12      CAP. 242. h       MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)  
(4) Nothing in this section (except subsection (1) thereof) shall
be construed as affecting any right of appeal conferred by any other
enactment.
EVIDENCE
Admissibility of 
evidence given in 
reciprocating 
country.
14. (1) A statement contained in - 
( a ) a document, duly authenticated, which purports to set
out or summarise evidence given in proceedings in a
court in a reciprocating country; or
( b ) a document, duly authenticated, which purports to set
out or summarise evidence taken in such a country for
the purpose of proceedings in a court in Malta under
this Act, whether in response to a request made by
such court or otherwise; or
( c ) a document, duly authenticated, which purports to
have been received in evidence in proceedings in a
court in such a country or to be a copy of a document
so received,
shall in any proceedings in a court in Malta relating to a
maintenance order to which this Act applies be admissible as
evidence of any fact stated therein to the same extent as oral
evidence of that fact is admissible in those proceedings.
(2) A document purporting to set out or summarise evidence as
mentioned in paragraph ( a ) of subsection (1) of this section, or
taken as mentioned in paragraph ( b ) of that subsection, shall be
deemed to be duly authenticated for the purposes of that subsection
if the document purports to be certified by the judge, magistrate or
other person before whom the evidence was given, or, as the case
may be, by whom it was taken, to be the original document
containing or recording, or, as the case may be, summarising, that
evidence or a true copy of that document.
(3) A document purporting to have been received in evidence
as mentioned in paragraph ( c ) of subsection (1) of this section, or to
be a copy of a document so received, shall be deemed to be duly
authenticated for the purposes of that subsection if the document
purports to be certified by a judge, magistrate or officer of the court
in question to have been, or to be a true copy of a document which
has been, so received.
(4) It shall not be necessary in any such proceedings as
aforesaid to prove the signature or official position of the person
appearing to have given such certificate.
(5) Nothing in this section shall prejudice the admission in
evidence of any document which is admissible in evidence apart
from this section.
Obtaining of 
evidence needed 
for certain 
proceedings.
15. (1) Where for the purpose of any proceedings in a court in
a reciprocating country relating to a maintenance order to which
this Act applies a request is made by or on behalf of that court for
 MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) g CAP. 242.         13
the taking in Malta of the evidence of a person residing therein
relating to matters specified in the request, the competent Maltese
court shall have power to take that evidence and, after giving notice
of the time and place at which the evidence is to be taken to such
persons and in such manner as it thinks fit, shall take the evidence
or cause the evidence to be taken in such manner as it may deem
appropriate, or as may be prescribed under section 18 of this Act.
(2) Evidence taken in compliance with such a request shall be
sent by the Registrar to the court in the reciprocating country by or
on behalf of which the request was made.
(3) A court in Malta may for the purpose of any proceedings in
that court under this Act relating to a maintenance order to which
this Act applies request a court in a reciprocating country to take or
provide evidence relating to such matters as may be specified in the
request and may remit the case to that court for that purpose.
Order, etc., made 
abroad need not be 
proved.
16. For the purposes of this Act, unless the contrary is shown -
 ( a ) any order made by a court in a reciprocating country
purporting to bear the seal of that court or to be signed
by any person in his capacity as a judge, magistrate or
officer of the court, shall be deemed to have been duly
sealed or, as the case may be, to have been signed by
that person;
( b ) the person by whom the order was signed shall be
deemed without further proof to have been a judge,
magistrate or officer, as the case may be, of that court
when he signed it and, in the case of an officer, to have
been authorised to sign it; and
( c ) a document purporting to be a certified copy of an
order made by a court in a reciprocating country shall
be deemed without further proof to be such a copy.
Regulations and 
rules of procedure.
17. (1) The Minister may make, and when made vary, modify
or, without prejudice to the making of new regulations, revoke,
regulations to provide for any matter which in his opinion is
expedient to give effect to any provision of this Act, and, without
prejudice to the generality of the foregoing, to - 
( a ) establish or regulate the procedure, method or manner
to be followed and the time limits and other limitations
to be observed, in respect of any matter provided for in
this Act;
( b ) prescribe the manner in which and the person by whom
anything which is to be certified or authenticated or
duly certified or authenticated under this Act is to be
so certified or authenticated;
( c ) prescribe the person who is to perform any of the
functions or duties provided for in this Act.
Cap. 12.
(2) Without prejudice to any regulations made under this
section, proceedings under this Act shall be regulated by rules
made under section 29 of the Code of Organization and Civil
  14      CAP. 242. h       MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)  
Procedure (including any rules so made in respect of proceedings
under the Ordinance which shall remain in force and shall apply to
proceedings under this Act) and, failing such rules or regulations,
by the provisions of the Code aforesaid.
REPEAL AND TRANSITIONAL PROVISIONS
Repeal. 
Cap. 48.
* 18. The Maintenance Orders (Facilities for Enforcement)
Ordinance is hereby repealed, without prejudice to anything
lawfully done thereunder and to the provisions of subsection (2) of
section 17 of this Act.
Provision 
respecting certain 
orders and 
proceedings under 
the repealed 
Ordinance. 
Amended by: 
LVIII.1974.68.
19. (1) Where a country or territory, being a country or
territory to which immediately before the date of commencement of
section 18 of this Act, the Ordinance extended, becomes a
reciprocating country, then, subject to such modifications,
limitations and restrictions as may be contained in the order made
under section 3 of this Act designating that country or territory as a
reciprocating country -
( a ) the provisions of this Act shall apply to maintenance
orders, or maintenance orders of a class specified in
the order aforesaid- 
(i) made by a court in Malta against a person
residing in that country or territory, or
(ii) made by a court in that country or territory
against a person residing in Malta,
being orders to which, immediately before the date of
commencement of the subsection aforesaid, the
Ordinance applied, and any such order which
immediately before the date aforesaid was registered
under the Ordinance shall be deemed to be and be
treated as an order registered under this Act;
( b ) any maintenance order, or maintenance orders of a
class specified in the order aforesaid, made by a court
in that country or territory which has been confirmed
under section 6 of the Ordinance and is in force
immediately before that date shall be registered by the
Registrar under section 8 of this Act in like manner as
an order confirmed under the said section 8;
( c ) any proceedings brought under or by virtue of a
provision of the Ordinance in a court in Malta which
are pending at that date, being proceedings affecting a
person resident in that country or territory or
proceedings affecting a person resident in Malta, shall
be continued as if they had been brought under or by
virtue of the corresponding provision of this Act.
(2) An order made under section 3 of this Act may contain such
further provision as the President of Malta may consider expedient
*  See  footnote to Chapter 48.
 MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) g CAP. 242.         15
to give effect to the provisions of subsection (1) of this section.
POWER TO APPLY ACT TO OTHER ORDERS AND APPLICATIONS 
RESPECTING MAINTENANCE 
Power to apply Act 
to maintenance 
orders and 
applications for 
recovery of 
maintenance in 
other cases. 
Amended by: 
LVIII. 1974.68.
20. (1) Where the President of Malta is satisfied -
( a ) that arrangements have been or will be made in a
country or territory outside Malta to ensure that
maintenance orders made by courts in Malta against
persons in that country or territory can be enforced in
that country or territory or that applications by persons
in Malta for the recovery of maintenance from persons
in that country or territory can be entertained by courts
in that country or territory; and
( b ) that in the interest of reciprocity it is desirable to
ensure that maintenance orders made by courts in that
country or territory against persons in Malta can be
enforced in Malta or, as the case may be, that
applications by persons in that country or territory for
the recovery of maintenance from persons in Malta can
be entertained by courts in Malta,
the President of Malta may by order make provision for applying
the provisions of this Act, with such exceptions adaptations and
modifications as may be specified in the order, to such orders or
applications as are referred to in paragraphs ( a ) and ( b ) of this
subsection and to maintenance and other orders made in connection
with such applications by courts in Malta or in that country or
territory.
(2) The President of Malta may also in like manner make such
further provision as he may deem necessary or expedient for any
purposes aforesaid or with a view to or in view of the accession by
Malta to any international convention relating to maintenance.
