MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ġ CAP. 48.  1
CHAPTER 48
MAINTENANCE ORDERS 
(Facilities for Enforcement) ORDINANCE *  
To facilitate the enforcement in Malta of Maintenance Orders made in
England or Northern Ireland or in other parts of Her Majesty’s Dominions
and vice versa.  †
(8th April, 1921) ‡
Enacted by ORDINANCE V of 1921 as amended by Emergency
Ordinance XV of 1958; Ordinances: XXI of 1960 and XXV of 1962; Legal
Notice 46 of 1965; Act LVIII of 1974; Legal Notice 148 of 1975; and Act
XXIV of 1995.
Short title.
(Facilities for Enforcement) Ordinance.
Interpretation.
( a ) the expression "certified copy" in relation to an order
of a court means a copy of the order certified by the
proper officer of the court to be a true copy;
( b ) the expression "dependants" means such persons as
that person is, according to the law in force in the part
of Her Majesty’s Dominions in which the maintenance
order was made, liable to maintain;
( c ) the expression "maintenance order" means any
judgment or order for the periodical payment of sums
of money towards the maintenance of the wife or other
dependants of the person against whom the order is
made;
( d ) the expression "prescribed" means prescribed by rules
of court.
*By section 18 of the Maintenance Orders (Reciprocal Enforcement) Act, Cap. 242,
this Ordinance was repealed. That section, however, was to come into force on a date
or dates to be fixed by notice in the Gazette. By three separate notices (L.N. 48 of
1975, L.N. 153 of 1977, and L.N. 44 of 1978) the said section 18 was brought into
force but only with respect to the United Kingdom of Great Britain and Northern
Ireland, the Commonwealth of Australia and Gibraltar. The Ordinance is therefore
still in force with respect to Bermuda.
Although, therefore, the Ordinance has been reproduced in its original form, as
amended, and still includes references to England, Northern Ireland and other parts of
H.M’s Dominions, these references are now to be construed as limited only to
Bermuda. Moreover, the Ordinance as a whole must be read in the light of the
foregoing.
† See  Order-in-Council of the 27th of June, 1921 published in Malta by Government
Notice No. 199 of the 22nd of July, 1921
‡ See  Proclamation No. II of 1921.
    2  CAP. 48. ħ MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT)
Enforcement in 
Malta of 
maintenance orders 
made in England or 
Northern Ireland or 
in other parts of 
Her Majesty’s 
Dominions. 
Amended by: 
L.N.46 of 1965; 
LVIII.1974.68; 
L.N. 148 of 1975; 
XXIV.1995.360.
3. Where a maintenance order has, whether before or after the
passing of this Ordinance, been made against any person by any
court in England or Northern Ireland or in any other part of Her
Majesty’s Dominions outside Malta to which this Ordinance
extends, and a certified copy of the order has been transmitted by
the Secretary of State or by the Governor of that part of Her
Majesty’s Dominions to the President of Malta, the President of
Malta shall send a copy of the order to the Registrar of Courts for
registration; and on receipt thereof the order shall be registered in
the prescribed manner, and shall, from the date of such registration,
be of the same force and effect, and, subject to the provisions of
this Ordinance, all proceedings may be taken on such order as if it
had been an order originally obtained in the Civil Court, First Hall,
and that court shall have power to enforce the order accordingly.
Transmission of 
maintenance orders 
made in Malta. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68.
4. Where a court in Malta has, whether before or after the
commencement of this Ordinance, made a maintenance order
against any person, and it is proved to that court that the person
against whom the order was made is resident in England or
Northern Ireland or in some other part of Her Majesty’s Dominions
outside Malta to which this Ordinance extends, the court shall send
to the President of Malta for transmission to the Secretary of State
or to the Governor of that part of Her Majesty’s Dominions a
certified copy of the order.
Power to make 
provisional orders 
of maintenance 
against persons 
resident in England 
or Northern Ireland 
or in other parts of 
Her Majesty’s 
Dominions. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68.
5. (1) Where an application is made to a superior court in
Malta for a maintenance order against any person, and it is proved
that that person is resident in England or Northern Ireland or in any
other part of Her Majesty’s Dominions outside Malta to which this
Ordinance extends, the court may, in the absence of that person, if
after hearing the evidence it is satisfied of the justice of the
application, make any such order as it might have made if a
summons had been duly served on that person and he had failed to
appear at the hearing, but in such case the order shall be provisional
only, and shall have no effect unless and until confirmed by a
competent court in England or Northern Ireland or in such other
part of Her Majesty’s Dominions as aforesaid.
(2) The evidence of any witness who is examined on any such
application shall be put into writing, and such deposition shall be
read over to and signed by him, or, if he cannot sign, by the
Registrar of the Court.
(3) Where such an order is made, the court shall send to the
President of Malta for transmission to the Secretary of State or to
the Governor of such other part of Her Majesty’s Dominions, as the
case may be, the depositions so taken and a certified copy of the
order, together with a statement of the grounds on which the
making of the order might have been opposed if the person against
whom the order is made had been duly served with a summons and
had appeared at the hearing, and such other information as the court
possesses for facilitating the identification of that person, and
ascertaining his whereabouts.
(4) Where any such provisional order has come before a court
in England or Northern Ireland or in any other part of Her
Majesty’s Dominions to which this Ordinance extends for
MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ġ CAP. 48.  3
confirmation, and the order has by that court been remitted to the
court which made the order for the purpose of taking further
evidence, that court shall, after giving the prescribed notice to
applicant, proceed to take the evidence in like manner and subject
to like conditions as the evidence in support of the original
application. If, upon the hearing of such evidence, it appears to the
court that the order ought not to have been made, the court may
rescind the order, but in any other case the depositions shall be sent
to the President of Malta and dealt with in like manner as the
original depositions.
(5) The confirmation of an order made under this section shall
not affect the power of the court to vary or rescind that order: 
  Provided that on the making of a varying or rescinding order the
court shall send a certified copy thereof to the President of Malta
for transmission to the Secretary of State or to the Governor of such
other part of Her Majesty’s Dominions, as the case may be, and
that, in the case of an order varying the original order, the order
shall not have any effect unless and until confirmed in like manner
as the original order.
(6) The applicant may appeal against a refusal to make a
provisional order by an application filed in the Court of Appeal
within ten days from such refusal and the provisions of this
Ordinance shall apply to that court for the purposes of such appeal.
Power of Civil 
Court, First Hall, to 
confirm 
maintenance orders 
made outside 
Malta. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68; 
L.N. 148 of 1975; 
XXIV.1995.360..
6. (1) Where a maintenance order has been made by a court
in England or Ireland or in any other part of Her Majesty’s
Dominions to which this Ordinance extends, and the order is
provisional only and has no effect unless and until confirmed by a
court in Malta, and a certified copy of the order, together with the
depositions of witnesses and a statement of the grounds on which
the order might have been opposed has been transmitted to the
President of Malta, and it appears to the President of Malta that the
person against whom the order was made is resident in Malta, the
President of Malta may send the said documents to the Registrar of
Courts with a requisition that a writ of summons be issued by the
Civil Court, First Hall, calling upon the person to show cause why
that order should not be confirmed, and upon receipt of such
documents and requisition, the court shall issue such writ of
summons and cause it to be served upon such person.
(2) A writ of summons so issued may be served in Malta in the
same manner as if it has been originally issued by a court having
jurisdiction in the place where the person happens to be.
(3) At the hearing it shall be open to the person on whom the
writ of summons was served to raise any defence which he might
have raised in the original proceedings had he been a party thereto,
but no other defence, and the certificate from the court which made
the provisional order stating the grounds on which the making of
the order might have been opposed if the person against whom the
order was made had been a party to the proceedings, shall be
conclusive evidence that those grounds are grounds on which
objection may be taken.
    4  CAP. 48. ħ MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT)
(4) If at the hearing the person served with the writ of summons
does not appear, or, on appearing, fails to satisfy the court that the
order ought not to be confirmed, the court may confirm the order
either without any modification or with such modifications as to the
court, after hearing the evidence, may seem just.
(5) If the person against whom the writ of summons was issued
appears at the hearing and satisfies the court that, for the purpose of
any defence, it is necessary to remit the case to the court which
made the provisional order for the taking of any further evidence,
the court may so remit the case and adjourn the proceedings for the
purpose.
(6) Where a provisional order has been confirmed under this
section, it may be varied and rescinded in like manner as if it had
originally been made by the confirming court, and where, on an
application for rescission or variation, the court is satisfied that it is
necessary to remit the case to the court which made the order for
the purpose of taking any further evidence, the court may so remit
the case and adjourn the proceedings for the purpose.
(7) Where an order has been so confirmed, the person bound
thereby shall have the right to appeal against the confirmation of
the order by an application to be filed within ten days from the date
of such confirmation, to the Court of Appeal, and the provisions of
this Ordinance shall apply to that court for the purposes of such
appeal.
Power of the 
President of Malta 
to make 
regulations 
facilitating 
communications 
between courts. 
Amended by: 
XV. 1958.44; XXV. 
1962.4; 
L.N. 46 of 1965; 
LVIII.1974.68.
7. The President of Malta may make regulations as to the
manner in which a case can be remitted by a court authorized to
confirm a provisional order to the court which made the provisional
order, and generally for facilitating communications between such
courts.
Manner of 
enforcing orders.
8. (1) The court in which an order has been registered under
this Ordinance or by which an order has been confirmed under this
Ordinance, and the officers of such court, shall take all such steps
for enforcing the order as may be prescribed.
Cap. 12.
(2) Every such order shall be enforceable in like manner and
with the same means as if the order were one of the executive titles
mentioned in section 253   ( a ) of the Code of Organization and Civil
Procedure.
Application of the 
provisions of the 
Code of 
Organization and 
Civil Procedure. 
Cap. 12.
9. Subject to the provisions of this Ordinance the provisions
of the Code of Organization and Civil Procedure shall apply to
proceedings under this Ordinance and the power to make rules
under section 29 of that Code shall include the power to make rules
regulating the procedure of the court under this Ordinance * .
* See  Government Notice No. 422 of the 28th of October, 1927.
MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ġ CAP. 48.  5
Proof of 
documents signed 
by officers of 
court.
10. Any document purporting to be signed by a judge or officer
of a court outside Malta shall, until the contrary is proved, be
deemed to have been so signed without proof of the signature or of
the judicial or official character of the person appearing to have
signed it, and the officer of a court by whom a document is signed
shall, until the contrary is proved, be deemed to have been the
proper officer of the court to sign the document.
Depositions to be 
evidence.
11. Depositions taken for the purposes of this Ordinance in a
court in England or Northern Ireland or in another part of Her
Majesty’s Dominions to which this Ordinance extends may be
received in evidence in proceedings before the court under this
Ordinance.
Extent of 
Ordinance. 
Amended by: 
XV.1958.44; 
XXV.1962.4; 
L.N. 46 of 1965; 
LVIII.1974.68.
12. (1) Where the President of Malta is satisfied that
reciprocal provisions have been made by the legislature of any part
of Her Majesty’s Dominions outside Malta for the enforcement
within that part of maintenance orders made by the court of Malta,
the President of Malta may by proclamation extend this Ordinance
to that part, and thereupon that part shall become a part of Her
Majesty’s Dominions to which this Ordinance extends.
(2) The President of Malta may by proclamation extend this
Ordinance to any British Protectorate, and when so extended this
Ordinance shall apply as if any such Protectorate was a part of Her
Majesty’s Dominions to which this Ordinance extends.
Provision for 
transmission of 
maintenance 
orders.
Added by: 
XXI.1960.2. 
Amended by: 
L.N.46 of 1965; 
LVIII. 1974.68.
13. (1) The President of Malta may by order -
( a ) name a person in lieu of himself as the person by
whom maintenance orders may be transmitted to, and
to whom maintenance orders may be transmitted by,
the Governor of any part of Her Majesty’s Dominions
outside England and Northern Ireland named in the
order (or, where there is in force an order under this
section naming a person in lieu of the Governor of that
part of Her Majesty’s Dominions as aforesaid, that
person); and 
( b ) name a person, in lieu of the Governor of any part of
Her Majesty’s Dominions outside England and
Northern Ireland named in the order, as the person to
whom maintenance orders may be transmitted by, and
by whom maintenance orders may be transmitted to,
the President of Malta (or, where there is in force in
respect of that part of Her Majesty’s Dominions as
aforesaid an order under paragraph ( a ) of this
subsection, the officer named in that order).
(2) An order under subsection (1) of this section may name a
person by reference to the public office which he holds and such an
order shall be deemed to name all persons successively holding that
office while the order remains in force and shall be of force
accordingly.
(3) Any person purporting to act in any office by reference to
which a person is named in an order under this section shall be
presumed duly to hold that office until the contrary is proved.
    6  CAP. 48. ħ MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT)
(4) ( a ) Any maintenance order transmitted by or to a person
named in an order under paragraph ( a ) of subsection
(1) of this section shall for the purposes of this
Ordinance be deemed to have been transmitted to or by
the President of Malta, and
( b )  any maintenance order transmitted by or to a person
named in an order under paragraph ( b ) of subsection
(1) of this section shall for the purposes of this
Ordinance be deemed to have been transmitted to or by
the Governor of that part of Her Majesty’s Dominions
outside England and Northern Ireland named in that
order.
(5) In this section the term "maintenance order" includes a
provisional maintenance order.
