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An Act to amend the Code of Organization and Civil Procedure, Civil Code and various laws relating to the lease of immovable property
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same as follows:-
Matters) (Amendment No.2) Act, 2009.
(2) The provisions of this Act shall come into force on such a date as the Minister responsible for justice may by notice in the
Gazette establish, and different dates may be so established for different provisions or different purposes of this Act.
Short title.
Amends the Code of Organization and Civil Procedure. Cap. 12.
Amends article
285 of the Code.
C 1294
Cap. 345.
Cap. 204.
"Provided further that, in respect of any shares or securities registered at a central securities depository, as defined in terms of article 2 of the Financial Markets Act, a warrant of seizure shall also be served on such central securities depository and shall take effect only if no transfer order or netting affecting the said shares or securities shall have been entered in a securities settlement system, authorized in terms of article 34 of the Central Bank of Malta Act, prior to the service of the warrant to the depository.".
Amends article
420 of the Code.
Cap. 452.
"(3) The competing creditors shall be ranked as follows:
(a) judicial costs incurred in the sale of any immovable and judicial costs incurred in the distribution of the proceeds;
(b) any claims by any employees in respect of the maximum as established by law of the current wage payable by the employer
to such employees in terms of article 20 of the Employment and Industrial Relations Act;
Cap. 318.
(c) the claim of the Director General (Social Security) of the Commissioner of Inland Revenue of any amount due by way of any Class One or Class Two contribution under article 116(3) of the Social Security Act;
Cap. 372.
(d) the claim of the Commissioner of Inland Revenue of any amount by way of tax deducted from income (P.A.Y.E.) in
terms of article 23(11) of the Income Tax Management Act;
C 1295
Cap. 406.
(e) the claim of the Commissioner of Value Added Tax in terms of article 59(2) of the Value Added Tax Act;
(f) any other fiscal claim where the law provides that such claims shall rank in preference to all other claims notwithstanding
the provision of any other law;
(e) any privileges and hypothecs registered in the Public Registry or the Land Registry as the case may be;
(f) any other claim:
Provided that where the assets of the bankrupt include objects over which taxes on importation have not been paid, the Comptroller
of Customs shall be notified and any claim made by him for such taxes on importation shall rank prior to the other creditors.".
"Provided that in the case where an earnest has been paid on a promise of sale on immovable property, the party claiming the payment in accordance with this article, as the case may be, shall, without the need of any other action or any other formality, before the expiration of the stipulated period of the promise of sale, notify the other party for the payment of the relative earnest.".
(a) in sub-article (1) thereof, for the words "the rate of
Amends the Civil Code. Cap. 16.
Amends article
1359 of the
Code.
Amends article
1531B of the
Code.
Amends article
1531C of the
Code.
C 1296
the rent from 1st January, 2010" there shall be substituted the words "the rate of the rent as from the first payment of
rent due after the 1st January, 2010"; and
Amends article
1531D of the
Code.
Amends article
1531E of the
Code.
Amends article
1531M of the
Code.
Amends article
1540 of the
Code.
(b) in sub-article (2) thereof for the words "on the 1st January 2013" there shall be substituted the words "on the date of the first payment of rent due after the 1st January, 2013".
(a) for the words "shall on the 1st January,
2010 be increased" there shall be substituted the words "shall as from the date of the first payment of rent due after the
1st January, 2010 be increased"; and
(b) for the words "on the 1st June of each year" there shall be substituted the words "as from the date of the
first payment of rent due after the 1st January of each year".
(2) in sub-article (2) thereof:
(a) for the words "The rent as at 1st January,
2014" there shall be substituted the words "The rent as from the first payment of rent due after the 1st January,
2014"; and
(b) the words "1st June, 2013" shall be substituted by the words "the first payment of rent due after
the 1st January, 2014".
2010".
1540 of the Code for the words "excluding building" there shall be substituted the words "excluding, in the case of
buildings,".
C 1297
"(ia) subject to the conditions laid down in sub-article
5(3)(b); and".
Amends the Housing (Decontrol) Ordinance. Cap. 158
Deletes article
11 of the
Ordinance.
Amends article
12 of the
Ordinance.
Amends article
12A of the
Ordinance.
(l) immediately after sub-article (4) thereof shall be added the following new sub-article:
Amends
Act X of 2009.
Amends article
39 the amending
Act.
Cap. 158
Cap. 16
"(4A) As from the first payment of rent due after the 1st January, 2010 the increase in rent on the ground of inflation of dwelling
houses which are subject to a lease created by article 5,
12 or 12A of the Housing (Decontrol)
Ordinance shall, notwithstanding the provisions of articles 5(3)(c) and
12(2)(i) of the said Ordinance be
regulated exclusively by article 1531C
of the Civil Code".
(2) In sub-article (7) thereof the words "the renewal of a lease after the 1st June, 1995 or after that date"
shall be
C 1298
substituted with the words "the renewal of a lease after the 1st June, 1995" and the words "shall not be considered as a lease agreed on the 1st January, 2010 or after that date."
shall be substituted with the words "shall not be considered as a lease agreed on the 1st January, 2010 or after that date:"
And immediately thereafter shall be added the following new proviso:
Cap. 158.
"Provided that for the avoidance of doubt, in this sub-article and in article 16 of the Housing (Decontrol) Ordinance, as the
case may be, the words "the renewal of a lease after the 1st June, 1995" shall be construed as referring only to a lease
commenced before the 1st June, 1995, and renewed after the said date, and the words “the renewal of a lease on the 1st January,
2010 or after that date" shall be construed as referring only to a lease commenced before the 1st January, 2010 and renewed after
that date".
Amendment to the Reletting of Urban Property (Regulation) Ordinance.
Cap. 69
The main object and reason of this Bill is the clarification and further reform of the laws relating to the lease of immovable property.
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URL: http://www.worldlii.org/mt/legis/laws/aatatcooacpccavlrttloipn361171