Cap. 144 Art. 2Interpretation.

(1) In this Act unless the context otherwise requires -

"consular employee" means any person employed at a consulate in a subordinate capacity provided that his name has been duly communicated by the consular officer to the Minister, but does not include any person employed on domestic duties; "consular officer" means any person who is granted an exequatur or a provisional or other authorisation to act in such capacity in Malta;

"Malta" has the same meaning as is assigned to it by article 124 of the Constitution of Malta;

"Minister" means the Minister for the time being responsible for external affairs.

(2) References in this Act to "consular officers" and "consular employees" shall be construed as including references to persons in the service of any Commonwealth country other than Malta holding such offices or classes of offices as may be specified by the Minister by notice in the Government Gazette being offices or classes of offices appearing to the Minister to involve the performance of duties substantially corresponding to those which, in the case of a foreign State, would be performed by consular officers and consular employees respectively and "consular office" shall be construed accordingly.

(3) The Minister may compile a list of Commonwealth countries for the purposes of this Act and shall cause such list and any amendment of such list or amended list to be published by notice in the Government Gazette.

(4) Notwithstanding the provisions of sub-article (3), the provisions of the Vienna Convention on Consular Relations, signed in Vienna on the 24th April 1963 shall be applicable to the

*See Government Notice No. 587 of 28th October, 1955.

person disposing of property in Malta, or is otherwise a person who could be appointed or confirmed as executor or curator of the estate in Malta of a deceased person then if the court is satisfied, on the application of a consular officer of such State, that such national is not resident in Malta and that he is not represented by a person duly authorized by power of attorney to act for him in that behalf, the court shall make an order appointing or confirming such officer as curator or executor of the estate of the deceased as if the said officer were so authorized as aforesaid.

(2) Where the court has granted an application for appointment or confirmation as executor or curator of the estate of a deceased person made by a consular officer by virtue of this article, that officer or his successors in office shall be entitled to receive and administer the said estate and to do all things necessary in that behalf as if duly authorized so to act by power of attorney granted by the executor.

(3) Where any person who is a national of a State to which this article applies -

(a) is entitled to payment or delivery of any money or property in respect of any interest in the estate of a deceased person, or is entitled to payment or delivery of any money or property becoming due on the death of any person; or

(b) is a person to whom any money or property comprised in the estate of a deceased person may be paid or delivered under any law whether passed before or after the commencement of this Act, authorising the payment or delivery of such money or property without the succession of the deceased person being declared open in his favour, then if the said national is not resident in Malta, a consular officer of that State shall have the like right and power to give a valid discharge for any such money or property in Malta to take all such steps as may be necessary for completing the title of the said national to such property and to administer or dispose of that property as if he were duly authorized by power of attorney to act for him in that behalf: Provided that no person shall be authorized or required by this subarticle to pay or deliver any money or property to a consular officer if it is within his knowledge that any other person in Malta has been expressly authorized to receive that money or property on behalf of the said national: Provided further that any money or other property paid, delivered or transferred to a consular officer under the provisions of this article shall remain subject to such conditions or liabilities as would have attached to such money or other property under any law in force in Malta had the money or property been received by to give security for the proper administration of the estate or property aforesaid.