Cap. 510 · Malta Competition And Consumer (Cap. 510)
Cap. 510 чл. 64Service of acts of the Authority.
PART XIII
(1) For the purposes of this article "acts" means any request for information, measure, order, direction, statement, decision or other forms of communication issued by the Authority.
(2) Where the Authority is required to, or decides to, notify its acts under this Act, the Competition Act, the Consumer Affairs Act or under any other Act, or regulations made thereunder, it shall do so in any of the following ways:
(a) by delivering it to the person or by leaving it at the address at which the person ordinarily resides or carries on business or place of work or postal address of such person with a member of his family or household or with a person in his service or his attorney or person authorised to receive his mail: Provided that it shall not be lawful to leave such copy with any person under the age of fourteen years, or with any person who, on account of infirmity of mind, is unable to give evidence of such service. A person shall be presumed to be able to give such evidence unless the contrary is proved; and no objection may be raised on the ground of irregularity of the service for any of those reasons, if it is shown that the copy has actually reached the person to be served therewith: Provided further that where a person to whom a notice is addressed refuses to receive it personally from an officer of the Authority, the Civil Court may upon an application by the Authority and after hearing the officer of the Authority and considering all the circumstances of the incident, declare that such service shall have been effected on the day and time of the refusal and such declaration shall be considered as a proof of service for all purposes of law;
(b) by sending it by registered post to the person at the address at which the person ordinarily resides or carries on business; or
(c) if an address for the service of notices has been provided by the person, by leaving it at, or sending it by registered post addressed to the person to that address; or
(d) in any case where the Authority considers that the immediate delivery of the act is required, by sending it, by means of a facsimile machine or by electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the person ordinarily resides or carries on business or, if an address for the service of acts has been furnished by the person, that address, provided that the facsimile machine of the Authority generates a message confirming successful transmission of the total number of pages of the notice or the facility of the Authority for the reception of electronic mail generates a message confirming receipt of the electronic mail: Provided that the provisions of paragraph (d) shall not apply to the notification of documents filed before the Civil Court or any court.
(3) If it appears from the employee charged with the service of an act that, although it does not result that the person upon whom such an act is to be served is abroad and access to his place of residence cannot be obtained, or his place of residence is not known, the Civil Court, upon an application by the Authority, may direct service to be effected by the posting of a copy of the act at the place, in the town or district in which official acts are usually posted up, and by publishing a summary of such act in the Gazette and in one or more daily newspapers as the Civil Court may direct, and where possible, when the residence is known, by posting up a copy of the act on the door leading to such residence. The Civil Court may also adopt such other measures as it may deem fit to bring the act to the attention of the person upon whom the same is to be served. In such cases, service shall be deemed to have been made on the third working day after the date of last publication or after the date of such posting, whichever is the later. In cases where service has been ordered with urgency, service shall be deemed to have been made at such time, after posting or publication as the Civil Court may determine, which time is to be stated in the publication or posting.
(4) In the case of a body having distinct legal personality, service on such body shall be effected by leaving a copy of the act:
(a) at its registered office, principal office, or place of business or postal address of the person or persons vested with the legal or judicial representation thereof or by any company secretary or with an employee of such body; or
(b) with the person or persons vested with the legal or judicial representation thereof or by any company secretary in the manner provided for in sub-article (2).
(5) The provisions of this article shall also apply with respect to the notification of acts issued by the entities of the Authority under this Act or any other law enforced by them.
История на изменения
- Amended by XVII.2023.51