Cap. 12 Art. 41Court of Appeal Constitution. Jurisdiction.

(1) The Court of Appeal shall consist of one or more chambers.

(2) Where the Court of Appeal consists of one or two chamberseach chamber shall consist of the Chief Justice and two other judges.

(3) Where the Court of Appeal consists of three or more chambers, the third and other chambers may each be presided by a judge to be nominated upon the advice of the Chief Justice.

(4) Each chamber of the Court of Appeal shall exercise and have all powers as are by this Code or any other law vested in the Court of Appeal.

(5) The number of chambers shall be determined by an Order of the President of Malta.

(6) Where an Order is made by the President of Malta providing for more than one chamber of the Court of Appeal, the rule-making board established under article 29 of the Code shall provide the manner in which cases shall be distributed between the various chambers.

(7) (a) An Order as is referred to in sub-article (3) hereof may provide that where one of the judges, other than the Chief Justice, sitting in one of the chambers, abstains or is otherwise challenged and the challenge is accepted, the case in which such abstention or challenge takes place shall be heard by such other of the chambers as is prescribed in the Order.

(b) Where the Chief Justice is challenged and the challenge is accepted or abstains, the senior judge (other than the Chief Justice) in such other chamber as may be determined in the Order, shall be surrogated for the Chief Justice in the chamber where the case is being heard.

(c) Where notwithstanding the provisions of any orders made under paragraphs (a) and (b) hereof the case may not be heard by any of the chambers as provided for in such order because of a challenge or abstention of the Chief Justice or any other of the judges, the President of Malta shall surrogate another judge or other judges to sit in lieu of the judges challenged or lawfully impeded in the chamber in which the case was first assigned under the provisions of sub-article (3) hereof. *

(8) The Court of Appeal shall hear and determine all appeals from judgments of the Civil Court, First Hall, Civil Court, First Hall(Gozo), the Civil Court (Family Section), the Civil Court (Family Section) (Gozo) and the Civil Court (Commercial Section). *

(9) The Court of Appeal shall also hear and determine appeals from judgments of the Court of Magistrates (Malta) and Court of

Magistrates (Gozo) in its inferior jurisdiction. But, for the purposes of such appeals, the Court of Appeal shall be constituted by one of its members only, and any one of the judges, appointed by the President of Malta to sit for the hearing of such appeals, shall be deemed to be a member of such court. The Court of Appeal as constituted under this sub-article may also be referred to as the Court of Appeal (Inferior Jurisdiction).

(10) Where the Court of Appeal is to hear appeals from the Court of Magistrates (Gozo) in its inferior jurisdiction or from judgments or decisions of any board or tribunal delivered by such board or tribunal when sitting in Gozo, it shall hold its sitting in the building of the Courts in Gozo, and for the purpose of such appeals the registry of the Court of Magistrates (Gozo) shall also be the Registry of the Court of Appeal.