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S.L. 9.22 · Methods Of Service Of Judicial Acts (S.L. 9.22)

S.L. 9.22 Art. 2Definitions. Cap. 389. Cap. 9. Cap. 9.

In KraftAmtlicher Text

In these regulations, unless the context otherwise requires -''community officer'' means any person duly licensed in accordance with article 14 of the Private Guards and Community

Officers Act; "Court of Magistrates" means the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, as a court of criminal judicature under article 370(1) of the Criminal Code;

''household'' includes any premises wherein any person, at the time of delivery of the summons, lives, even though temporarily, or the particular last registered address or postal address of such person; ''judicial act'' means any act or order made in writing by the Court of Magistrates, the Executive Police or other competent authority in proceedings under the provisions of these regulations and includes the summons of the person charged, subpoena and affidavits as well as any document to be produced in evidence in the same proceedings;

''last registered address'' means:

(a) in relation to a person appearing on the last issued Electoral Register, the address shown for such person, and in relation to persons not appearing on the last issued Electoral Register, the address shown for such persons on the last Electoral Register where his name is shown;

(b) in relation to a body corporate having distinct legal personality:

(i) the address of the registered office shown on the registration of that body corporate with any state body or authority in Malta with which it is obliged, under any law, to be registered in order to function; or

(ii) if there is no obligation to register, the address of the main office given on the voluntary registration by such body corporate with any state body or authority; ''officer'' means Police officers, officers of the Post Office, community officers, and any other body or persons entrusted with the service of judicial acts by virtue of these regulations or any other regulations made under the provisions of the Criminal Code, or any other law; ''officers of the Post Office'' means post-officers duly employed in the business of the Post Office; ''place of work'' means any place where the person works, whether as employer, employee or service provider, whether full-time or part-time, whether for any remunerative consideration or otherwise on a voluntary basis; ''place of business'' means the business address from where a main business is conducted, and this includes but is not limited to, the address or addresses from where the administration and, or the management and, or the main dealings of the business are conducted; ''postal address'' means:

(i) in relation to a natural person, the address where the person usually receives his mail, or to such other place that may have been indicated by the person to the officers of the Post Office; and

(ii) in relation to a body corporate having distinct legal personality, the last registered address;

"service" means any service whether such service is given on a permanent basis or whether it is given on a temporary basis;

''statement'' means the declaration made by the officer charged with the notification of judicial acts, which declaration must be drawn up on the certificate of notification by the officer charged with the notification, which certificate must be completed in the form prescribed in Schedule 2;

''subpoena'' means a witness summons whereby a person is called upon to give evidence before a Court of Magistrates, and such subpoena shall contain an order to appear at a stated place and time for the purpose of giving evidence before the Court of Magistrates.