    WAR DAMAGE (REPEAL)   [ CAP. 289.        1
CHAPTER 289
WAR DAMAGE (REPEAL) ACT
To repeal the War Damage Ordinance, 1943, and to make provision for
matters consequential or incidental thereto or connected therewith. 
(31st October, 1980) *
Enacted by ACT XXIX of 1980, as amended by Act XXIV of 1995.
Short title.
Interpretation.
"appointed day" †  means the day appointed as such by the
Minister by notice in the Gazette, and different days may be so
appointed for different provisions or different purposes of this Act;
"Commission" means the War Damage Commission set up in
accordance with section 3 of the Ordinance;
"Minister" means the Minister responsible for justice, acting
after consultation with the Minister responsible for finance; 
Ord. No. III of 
1943.
"Ordinance" means the War Damage Ordinance, 1943; 
"Secretary" means the person for the time being appointed under
the Ordinance as Secretary to the Commission.
Deposits to meet 
claims pending 
before the 
Commission.
3. (1) As soon as practicable after the coming into force of
this Act, the Secretary shall, in his capacity as Secretary, lodge in
the First Hall of the Civil Court such sums of money as according
to the records and past experience of the Commission will be
sufficient to meet each of the several claims pending before the
Commission immediately before the date of the coming into force
of this Act and which were not, on that date, barred by prescription.
(2) Such lodgement shall be made by separate schedules of
deposit for each of the claims aforesaid; and with respect to such
schedules the following provisions of this subsection shall,
notwithstanding any other law, have effect:
( a ) where the original claimant, or any of the original
claimants, is dead or has assigned or otherwise
disposed of his rights under the Ordinance, or where
for any other reason the Secretary deems it expedient
so to act, any lodgement made under this subsection
may be made in favour of any one or more of the heirs
or successors of the original claimant, or other person
claiming under him, in representation of all persons
having an interest in the moneys so lodged;
( b ) the omission from the schedule of deposit of any one
or more persons having an interest in any part of the
moneys lodged under this section shall not invalidate
or otherwise affect the operation of any such
*  See  Government Notice No. 602 of the 31st of October, 1980.
†The appointed day is the 15th of June, 1981.  See  Legal Notice 57 of 1981.
  2      CAP. 289. ]                WAR DAMAGE (REPEAL)
lodgement; but the rights of any such person shall,
notwithstanding such omission, remain unprejudiced;
( c ) a schedule of deposit made under this section shall be
served only on persons who are named in the schedule
of deposit and who are ordinarily resident in Malta on
the day the schedule is filed in court; and if within
three months from such day the schedule cannot be
served on any of the persons aforesaid, either by
reason of absence or for any other reason, such person
shall, for the purposes of this section, be treated as if
he were not ordinarily resident in Malta.
(3) When all lodgements have been made, the Secretary shall
deal with the books, records, papers and other documents belonging
to or held by or on behalf of the Commission, in such manner as the
Minister may direct.
Repeal of the 
Ordinance.
4. Without prejudice to anything lawfully done or omitted to
be done thereunder, and subject to the other provisions of this Act,
the War Damage Ordinance, 1943 is hereby repealed with effect
from the appointed day.
Court deposits.
Amended by: 
XXIV.1995.362.
5. (1) Notwithstanding the repeal of the Ordinance all
moneys lodged in court under section 3 of this Act, shall remain
payable to the persons who, but for such repeal, would have been
entitled thereto or to any part thereof; but all payments thereof shall
be governed exclusively by the provisions of this Act and shall be
due subject to the provisions of this Act.
(2) With respect to any moneys lodged as aforesaid, the
following provisions of this subsection shall, notwithstanding any
other law, have effect:
( a ) all sums shall be paid or otherwise dealt with by the
Registrar of Courts only in accordance with directions
given by the Minister and signified by means of a note
filed in the registry of the superior courts by or on
behalf of the Attorney General;
( b ) in giving any direction under paragraph ( a ) of this
subsection the Minister shall:
(i) in all cases, take into account the rights of any
person who appears to him to have an interest in
any part of the deposit as if the Ordinance had
not been repealed;
(ii) with respect to any claim relating to works
which are not completed on the date of the filing
of the relative schedule of deposit, exercise such
functions and enforce such requirements as
could have been exercised or enforced by the
Commission if the Ordinance had still been in
force and with respect to any claim, ensure that
no payment is made which could not have
lawfully been made by the Commission if the
Ordinance had still been in force; and
(iii) where any sum would, but for the repeal of the
    WAR DAMAGE (REPEAL)   [ CAP. 289.        3
Ordinance, have been due to the Commission by
any person entitled to any part of the deposit,
deduct such sum from any moneys due to be paid
out of such deposit.
(3) On the expiration of the period applicable to the case as
provided in subsection (4) of this section, any balances remaining
unpaid, or otherwise disposed of, out of any sums lodged under this
section, shall be forfeited in favour of the Government and shall be
paid by the Registrar of Courts into the Consolidated Fund in
accordance with directives given by the Minister by means of a
note filed in the registry of the superior courts by and on behalf of
the Attorney General.
(4) The periods referred to in subsection (3) of this section are:
( a ) where payment is due for works completed before the
appointed day, two years after that day;
( b ) where payment is due for works not completed or not
undertaken before the appointed day - 
(i) six months after the appointed day, if the works
are not undertaken and continued in earnest or if
already undertaken they are not continued in
earnest within that period;
(ii) two years from the appointed day, if the works
are undertaken and continued in earnest or so
continued as aforesaid:
Provided that if, having been undertaken and continued or
continued as aforesaid, the works are discontinued or not continued
with due diligence, the period referred to in subsection (3) of this
section shall be the period ending on the day certified by the
Minister under his hand to be the day on which the works were
discontinued or not continued with due diligence.
(5) Notwithstanding anything contained in the foregoing
provisions of this section - 
( a ) if on the expiration of two years after the appointed
day payment would, but for the provisions of sub-
paragraph (ii) of paragraph ( b ) of subsection (3) of this
section, have been due, and the Minister is satisfied
that the works in respect of which such payment would
have been so due were completed before the expiration
of the period aforesaid, he may, if he deems it
equitable so to act, direct the payment to be made as if
the period had not expired;
( b ) where the Minister is satisfied that any amount
deposited under section 3 of this Act is not sufficient
to meet the claim in respect of which such deposit is
made, he may direct the registrar to pay out of any
balance remaining unpaid or otherwise disposed of
under this section such sum or sums as he may deem
necessary to meet the claim aforesaid.
  4      CAP. 289. ]                WAR DAMAGE (REPEAL)
Rights of the 
Commission.
6. Notwithstanding the repeal of the Ordinance, all debts and
other rights which immediately before the appointed day were due
or pertained to or were exercisable by the Commission shall, with
effect from the appointed day, become due or vest in and be
exercisable by the Minister in the same manner, as far as
practicable, as if he were the Commission and the Ordinance had
not been repealed.
No claim or other 
action except as 
provided in the 
Act.
Amended by: 
XXIV.1995.362.
7. (1) No person shall have any claim under the Ordinance or
otherwise in respect of war damage as defined by the Ordinance
except as and to the extent provided by this Act.
(2) No action shall lie against the Minister or against the
Registrar of Courts in respect of anything done or omitted to be
done by them under this Act.
