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Notarial Profession And Notarial Archives Act (Cap. 55) Duplicate Register Of Notarial Acts Regulations, 2004 (L.N. 86 Of 2004 )

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT (CAP. 55)
Duplicate Register of Notarial Acts Regulations, 2004
IN exercise of the powers conferred by subarticle (1) of article
152 of the Notarial Profession and Notarial Archives Act, the Minister for Justice and Home Affairs, with the concurrence of the Minister of Finance and Economic Affairs, has made the following regulations>-
1. (1) The title of these regulations is the Duplicate Register of
Notarial Acts Regulations, 2004.
(2) These regulations shall come into force on the 1st
March, 2004.
2. Where, as the result of enemy or counter-enemy action or for any other reason whatsoever, any original Notarial Acts, or any registers of acts preserved in the Notarial Archives established in Malta or in Gozo, have been lost, destroyed or so damaged as to make easy reference thereto impracticable or impossible, the following provisions shall have effect.
3. (1) It shall be the duty of the Keeper of Notarial Archives in Malta or in Gozo, as the case may be, hereinafter referred to as “the Keeper of Notarial Archives”, to prepare a duplicate register of all original acts deposited in the Archives of Malta or of Gozo, lost, destroyed or damaged as aforesaid, and a new register of all such original acts where the original register has been so lost, destroyed or damaged.
(2) (i) The duplicate register referred to in subregulation (1) of this regulation shall be compiled by reference to the register prepared by a Notary in accordance with the Notarial Profession and Notarial Archives Act or, as the case may be, in accordance with the relevant law or practice prevailing from time to time before the enactment of that Act.
(ii) The new register referred to in subregulation (1) of this regulation shall be compiled by reference to the original acts.
(iii) Where both the original acts and the original registers are lost, destroyed or damaged as aforesaid, the duplicate

Title and commencement.

Enemy action or counter-enemy action.

Keeper of Notarial

Archives.

B 770

Persons in possession of registers.

register and the new register shall be compiled by reference to any copy or copies of the original acts, authenticated in accordance with the provisions of the aforesaid Act or preceding law or practice by the Notary who issued that copy or those copies, that may be available in the possession of any person, or, in default of any known such authenticated copy, by reference to any copy or copies even if not authenticated and, if necessary, by reference to any notes available>
Provided that in every such case the Keeper of Notarial Archives shall record in writing at the foot of each copy so made of a deed, the source or sources of that copy and any relevant details relating thereto>
Provided further that where a complete duplicate register is compiled from one original register, it shall be sufficient for the Keeper of Notarial Archives to make a signed declaration at the end of each duplicate register that such register has been collated with the relative original register.
(3) The aforementioned duplicate register shall be made either by means of photocopying or by microfilming or by electronic means, or by such other means as will give a clear permanent copy of the registers, original acts or copies referred to in subregulation (2) (i) (ii) and (iii) as the case may be.
(4) The Keeper of Notarial Archives may cause one or more volumes of the original register or of the original acts to be included in one volume of the duplicate register or of the new register or to subdivide any volume of the original register or of the original acts into two or more volumes of the duplicate register or of the new register, provided that in no case shall any one volume of the duplicate register or of the new register contain more than seven hundred and fifty pages.
4. (1) Every Keeper or person in possession of a register or of any authenticated copy or copies or of other copies or of notes from which the duplicate register or, as the case may be, the new register can be compiled shall, on the demand of the Keeper of the Notarial Archives, grant all necessary facilities to enable the Keeper to prepare such duplicate register or new register.
(2) The Keeper of the Notarial Archives shall be empowered to request any possessor or Keeper of the registers or copies or notes referred to in subregulation (1) of this regulation to give him temporary possession of any such registers or documents for the purposes of compiling the duplicate register and to retain such registers or documents in the Notarial Archives for such time as is required for the compilation of the duplicate register and the collation thereof provided that the Keeper
of Notarial Archives shall issue to such possessor or keeper a receipt for any such register or documents, which receipt shall be returned to the Keeper of the Notarial Archives on the return of such register or documents to the keeper or possessor provided further that such register or documents shall be delivered to the Keeper of Notarial Archives in a good state of repair and so returned by him.
(3) Until such time as the aforesaid registers or documents are in the possession of the Keeper of the Notarial Archives he shall take due care of them in the manner prescribed in the principal law as regards original acts or registers deposited in the Archives.
(4) The expenses involved for the compilation of the said duplicate registers including transportation of the registers or documents referred to in subregulation (1) of this regulation and the binding of such duplicate registers, shall be a charge on the public fund< for such purposes provision therefor shall be made in the estimates under the Office of the Notary to Government.
(5) No remuneration or other payment shall be due to the possessor or keeper of the registers or documents referred to in subregulation (1) of this regulation for the temporary use of such registers or documents by the Keeper of Notarial Archives for the purposes of compiling the duplicate registers.
5. (1) The Duplicate Register or new registers prepared in accordance with these regulations shall be authenticated by the Keeper of the Notarial Archives or by such other officer not below the grade of Notary to Government delegated by him for such purpose, and such person authenticating the duplicate registers or new registers shall ensure that these are in conformity with the original registers or original acts or documents referred to in regulation 3(2) (i) (ii) (iii) of these regulations.
(2) Such authentication shall be effected by means of a signed declaration at the end of each volume in which declaration reference shall be made to the sources from which the duplicate register or the new register has been compiled.
6. Any person who without reasonable and justified cause refuses to comply with the provisions of subregulations (1) and (2) of regulation
4 shall be liable, on conviction, to a fine (ammenda) not exceeding five hundred Maltese liri (Lm500) to be imposed by the Court of Revision of Notarial Acts established under the Notarial Profession and Notarial Archives Act, composed of one of the Visitors of Notarial Acts, and in inflicting such fine the said Court may give such orders as it may deem
B 771

Authentication of registers.

Refusal by any person to

abide by these regulations.

B 772

Revokes G.N.

378 of 1946.

necessary to enable the Keeper of Notarial Archives to prepare the duplicate register or the new register, and, without prejudice to the making of any such order, the Court may, on the application of the Keeper of Notarial Archives, sub-poena any person to deliver to the Keeper of Notarial Archives any registers or acts or copies of, or extracts from, acts, and, should such sub-poena be disregarded, it may order the seizure of the registers or the acts or copies of, or extracts from, acts mentioned in the sub-poena>
Provided that in any such case where the Court of Revision of Notarial Acts is not competent in the matter, the same powers shall be exercised by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) sitting as a Court of Criminal Judicature.
7. The Duplicate Register of Notarial Acts Regulations, 1946 are hereby revoked.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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