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S.L. 546.4 · Address Register And Related Location (S.L. 546.4)

S.L. 546.4 Art. 14Redress procedure.      Cap. 490.

In KraftAmtlicher Text

(1) The Minister shall appoint an arbiter for a period of five (5) years. The said arbiter shall be a warranted lawyer able to practice in Malta and who has been exercising the profession for at least seven (7) years.

(2) The arbiter shall be assisted by a secretary appointed by the Minister, who shall have the duty of receiving appeals, keeping minutes and assume such other duties as the arbiter may require.

(3) The arbiter shall not be precluded from the exercise of his respective profession provided that during the term of his appointment he shall not exercise his profession with respect to applications filed in accordance with these regulations.

(4) A person shall not be qualified to hold office as an arbiter if such person:

*Not yet in force. †Not yet in force. ‡Not yet in force.

(a) is a member of the House or of the European Parliament or of a Local Council; or

(b) has an interest that is likely to prejudice the discharge of the functions as an arbiter.

(5) The arbiter shall be disqualified from hearing an appeal filed before it in such circumstances as would disqualify a judge in a civil suit, and in any such case the arbiter shall be substituted.

(6) The arbiter shall hear and determine applications filed by a person, including a legal person who feels aggrieved by a decision of the Registrar to include, amend, archive or change a record on the register or any subsidiary register.

(7) The application to appeal a decision of the Registrar shall be filed within sixty (60) days from the date when the applicant could have become aware of the inclusion or exclusion of a record from the Register or subsidiary register.

(8) The arbiter shall have the power to determine the procedure for the hearing of all appeals filed before it and shall ensure that during the hearing all interested parties are given the opportunity to make their case.

(9) The arbiter may appoint experts to relate on any matter before it whilst exercising its functions.

(10) The arbiter shall have the right to request from the Registrar information in respect of any application submitted before the arbiter and may request the Registrar to provide him with documentation relating to the case being heard. It shall be the duty of the Registrar to provide the requested information and, or documents without delay.

(11) The arbiter shall have the power to confirm, cancel or revoke with or without conditions, and to substitute any decision of the Registrar upon any appeal in accordance with these regulations.

(12) The Registrar, the applicant or any person who feels aggrieved by the decision of the arbiter may appeal to the

Administrative Review Tribunal in accordance with the provisions of the Administrative Justice Act.