Cap. 12 Art. 29Rule-Making Board.

(1) There shall be a Board composed of the Chief Justice, as chairman, who shall also have a casting vote, a judge ordinarily sitting in the Court of Appeal and a magistrate appointed by the

President of Malta on the recommendation of the Chief Justice, the

Attorney General, the State Advocate, the President of the Chamber of Advocates and the President of the Chamber of Legal

Procurators whose function shall be to make rules, to be called

Rules of Court, for the purposes specified in sub-article (2) or in any other provision of this Code or of any other law.

(2) Rules of Court may be made generally in respect of all matters concerning the conduct of the courts and the conduct of causes with the object of ensuring a proper and efficient administration of justice and, in particular, but without prejudice to the generality of the aforesaid -

(a) for governing the conduct of the courts and for securing and maintaining order and decorum within the building of the courts;

(b) for fixing the days, hours, duration and number of the sittings of the courts, determining the manner of distribution of the causes among judges and the magistrates appointed to sit in a particular court or chamber thereof, and for making other provision in respect of any matter aforesaid as the Board may deem appropriate;

(c) for regulating leave of absence, for any reason, by judges, or magistrates, including a requirement of authorisation or sanctioning of such leave by the competent authorities;

(d) for establishing any forms not provided for in this Code;

(e) for carrying into effect the provisions of the Judicial Proceedings (Use of English Language) Act, as regards the language to be used in the proceedings;

(f) for making provision with respect to judicial acts and matters of or incidental to practice and procedure not provided for in this Code or in any other law;

(g) for establishing case management procedures;

(h) for fixing the sessions of the forensic year and the vacation days in the superior and inferior courts, and matters ancillary or incidental to such sessions and vacation days: Provided that nothing contained in such rules shall be inconsistent with or repugnant to the provisions of this Code or any other law: Provided further that the Minister responsible for justice may, in the absence of the Rules of Court made in accordance with the provisions of this sub-article, make regulations on any matter referred to in this sub-article.

(3) The Board may act notwithstanding any vacancy in its membership but shall not act unless at least the Chief Justice and another two members are present.

(4) Rules made under this article shall be subject to the approval of the President of Malta, and shall come into force on or after the day of their publication in the Gazette, as may be specified therein.

(5) The Minister responsible for justice may by regulations confer on the Board additional powers and functions for the amelioration of the administration of justice.

(6) The Chief Justice may from time to time convene meetings of judges and magistrates, either separately or collectively, and shall regularly consult with the same, individually or collectively, regarding matters concerning the conduct and trial of causes, the application and conduct of court procedures and proceedings, the implementation of administrative procedures connected with the trial of causes and the conduct of proceedings, the relationship between the judiciary and the Commission for the Administration of Justice, the making of rules of court and such other matters as the Chief Justice may deem appropriate to discuss.

(7) Subject to the foregoing provisions of this article and to any rules or regulations made thereunder, the judges and the magistrates shall have power to regulate the conduct of proceedings and of the trial of the causes before the respective courts over which they preside, and to give directives for the maintenance of order at the sittings of the court, according to law.

(8) Without prejudice to the provisions of sub-article (7), the Chief Justice may, in his discretion, transfer any case from one court to another:

Provided that in the execution of this function the Chief Justice shall discuss the matter with the judges or magistrates concerned, either during any of the meetings convened in accordance with sub-article (6) or during an ad hoc meeting held for the purpose.