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

S.L. 9.22 ст. 13Authorised server.

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(1) The Minister may appoint an authorised server for the purpose of carrying out duties in or connected with the delivery of summons and, or other judicial acts, which duties shall be carried out in accordance with the conditions listed in the authorisation appointing the authorised server therewith.

(2) The Minister shall verify that the person who is to be appointed as an authorised server and any person who is employed with the authorised server and who has the effective control of the services to be provided by the person who is to be appointed as the authorised server:

(a) has not been convicted in Malta or elsewhere of any crime of wilful homicide or of grievous bodily harm or any crime against property aggravated by an amount exceeding two thousand and four hundred (€2,400) or by violence or any crime against public trust or any other serious crime; or

(b) has not been declared bankrupt or his financial position is precarious or otherwise renders the applicant unsuitable; or

(c) has not been discharged from the Police or armed forces or the prison services because of any offence or other misbehaviour; or

(d) is not a public officer other than one who belongs to a grade or category as may be prescribed by the Minister, or a member of the Police, or armed forces, or the prison services; or

(e) has been convicted in Malta or elsewhere of a crime against the person or against property and the application is made within five years from the commission of the crime.

(3) No person shall operate, act or offer his services as an authorised server, unless such person is authorised in accordance with the provisions of these regulations. Nor may such person employ, engage or permit the use of the service of a server unless such service is provided by a qualified server. For the purpose of these regulations, "server" shall mean an individual whose services are rendered in the provision of authorised server services.

(4) It shall not be lawful to employ, engage or permit the use of the service of a server unless the server is operating through the authorised server duly authorised in accordance with these regulations.