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S U P P L E M E N T N o . 3

T O

THE SOVEREIGN BASE AREAS GAZETTE

No. 518 of 1st February, 1979.

S U B S I D I A R Y L E G I § L A T I O N

C O N T E N T S

The following SUBSIDIARY LEGISLATION i s published i:% this Supplement which forms part of this Gazette :-

The Courts Ordinance- Not. The Civil Procedure (Amendment) Rules, 1979 . . . . . . . . . . . . . . . . . . . . . 8

The Court Fees Rules, 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

The Foreign Judgments (Reciprocal Enforcement) Ordinance- Rules of Court under Section 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

The Civil Procedure (Reciprocal Enforcement of Judgments) Ordinance- Rules of Court under Section 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

The Adoption Ordinance- Rules of Court under Sections 9 and 25 (4) . . . . . . . . . . . . . . . . . . . . . . . .

The Compensation Assessment Tribunal Ordinance-

12

Rules of Court under Section 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

The Criminal Procedure Ordinance- Rules of Court under Section 176 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

The Wills and Succession Ordinance- Rules of Court under Section 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

The Mental Patients Ordinance- Rules of Court under Section 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

The Guardianship of Infants and Prodigals Ordinance- Rules of Court under Section 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Rules of Court under Section 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

The Probates (Re-Sealing) Ordinance- Rules of Court under Section 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

12 No. 8

THE COURTS ORDINANCE

(Ordinances 3 of 1960, 7 of 1961, 19 of 1962, 5 of 1963 and 3 of 1965).

RULES OF COURT UNDER SECTION 63.

In exercise of thle powers vested in him by Section 63 of the Courts Ordinance, 1960 and of all other powers enabling him in that behalf, the Administrator hereby makes the following Rules :-

s. L. Vol. I1 p. 120, P. T. Nns. ......... 321/54,549/56, 295/58, (Cyprus). P. I. Nos. fi!i/fifi.fil/fi9.

1. These Rules may be cited as the Civil Procedure (Amendment) Rules, 1979 and shall be read as one with the Civil Procedure Rules, as amended from time to time (hereinafter referred to as “the principal Rules”).

7/i3; ii/i4-, and 88/76.

2. The principal Rules are hereby amendled by deleting Appendix “B” thereto and substituting therefor the following new Appendix :-

“ A P P E N D I X ‘B’

PART I

ADVOCATES’ FEES IN ACTIONS WITH CLAIMS RELATING TO NOT MORE THAN 3225.

1. Where the subject matter or the amount recovered doles not exceed ZE 5 in value - B mils

Preparing writ of summons and copies and necessary reply . . . . . . . . . . . . . . . Preparing defence . . . . . . . . . . . . . . . Preparing counter-claim, if any . . . . . . . . . Appearance at hearing :-

( i ) If unopposed . . . . . . . . . . . . . . . (ii) If opposed - per diem or part

thereof . . . . . . . . . . . . . . . (from

(to

Attending to hear judgment deferred . . . . . .

Executions :-

( i ) On movables . . . . . . . . . . . . . . . . . . (ii) On immovables . . . . . . . . . (from

(to

0.900

0.750

0.450

0.750

1.125

1.875

0.450

0.300

0.750

1.125

13

2 . Where the subject matter or the amorint recovered exceeds S 5 but not S 10 in value -

(a) Preparing writ of summons and copies and necessary reply . . . . . . . . . . . . . . .

(b) Preparing defence . . . . . . . . . . . . . . . . . .

(c) Preparing counter.claim, if any . . . . . . . . .

(d) Appzarance at hearing :-

( i ) If unopposied . . . . . . . . . . . . . . . . . .

(ii) If opposed-per diem or part thereof . . . . . . . . . . . . . . . (from

(to (e) Attending to hear judgment deferred ... ( f ) Drawing up affidavit . . . . . . . . . . . . . . .

(g) Execution :-

( i ) On movables . . . . . . . . . . . . . . . . . .

(ii) On immovables . . . . . . . . . (from

(to 3 . Where the subject matter or the amount

recovered exce2ds S 10 but not 2 25 in value -

E mils

1.300

1.000

0.650

1.200

2.000 2.800

0.650

0.250

0.400

1.200 2.000

Preparing writ of summons. copies and

Preparing defence . . . . . . . . . . . . . . . . . .

Preparing counter.claim. if any . . . . . . . . . App2arance at hearing :-

( i ) If unopposed . . . . . . . . . . . . . . . . . .

(ii) If opposed . . . . . . . . . . . . (from

reply. if necessary . . . . . . . . . . . . . . . . . .

(to

Attending to hear judgment deferred . . . . . .

Summons to witness - in all . . . . . . . . . Necessary letter . . . . . . . . . . . . . . . . . . Examining witnesses - each . . . . . . . . .

Attendance before Registrar . . . . . . . . . Notice to produce documents or any other notice or application . . . . . . . . . . . . . . . Preparing affidavit . . . . . . . . . . . . . . .

1.700

1.300

0.850

1.700

2.550 5.950

0.850

0.425

0.275

0.350

0.175

0.525

0.425

14

(1) Execution :- f mils

( i ) On movables . . . . . . . . . . . . . . . . . . 0.525

(ii) On immovables . . . . . . . . . (from 1.800 (to 2.600:

Provided that where the subject matter or the amount recovered does not exceed S 1 5 the total fees down to and including judgment shall in no case exceed 2 1 5 .

4. In determining the scale applicable as between the parties the criterion shall be the amount awarded by the judgment in the case of a successful plaintiff, and in that of a successful defendant the value of the subject matter of the claim. In thie case of a successful plaintiff the amount of advocates’ fees allowed down to judgment shall not exceed the amount awarded thereby plus fifty per cent. If the action is settlled when it comes on for hearing, the Court may allow fees as for hearing. As between party and party costs of execution against movables shall not be allowed more than once, but in the casle of execution against immovables the costs of a second or subsequent application shall be at the discretion of the Court.

No costs shall be allowed for interlocutory applications as between party and party unless specially allowed by the Court, in which case the costs shall not lexceed Sl.300. As between advocate and client the costs shall not exceed 221.300.

/PART I1

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29.

30.

31.

32.

33.

34.

For attending the Court with a view to appearance at the hearing, where the hearing is adjourned for want of time, the minimum fee for app2arance may be allowed, unless the Court otherwise directs.

If the action (or appeal) is settled whlen it comes on for hearing, the Court may allow fees as for hearing.

In proceedings for mandamus or upon originating summons or other proceedings not provided for above, the Court shall specify the scale to ble applied.

In determining the scale applicable in Appendix “B” the following shall be the criteria :- (a) from commencement of action @!own to and

including appnarance or to obtain judgment in default of appearance-the claim on the writ of summons ;

(b) after appearance and down to judgment-thte amount of value actually in dispute between the parties as disclosed upon the pleadings ;

(c) in actions for money claims -the amount awarded by judgment or the amount for which action has been settled ;

(d) in other actions the value of thie subject matter of the action actually in dispute betwzem the parties ;

(e) after judgment in respect of proceedings for execution -the amount for w1iicl.t lexecution is sought ;

( f ) in respect of appeals -the amount or value of the subject matter involved in the appeal ; and

(g) in respect of maintenance orders - the monthly amount fixed by the Court.

The Court may order that the remuneration of advocate as against his client be based on a different scale other than the scale which would be applicable under paragraph 32 above.

In respect of any judgment by consent the remuneration of advocate or advocates and actual expenses shall be fixed separately from the amount adjudged for the claim.”.

3. The Civil Procedure (Increase of Advocates’ Fezs) (Special p. 61,69, Provisions) Rules of Court 1969, are hereby revoked.

Dated this 31st day of January, 1979.

(128/5/1)

By the Administrator’s Command, P.G. ADAMS Chief Qfficer,

Sovereign Base Areas.

s. L. Vol. I1 p. 323 P. I. No. 35/62 (Cyprus).

20

THE COURTS ORDINANCE

No. 9

(Ordinances 3 of 1960, 7 of 1961, 19 of 1962, 5 of 1963, 3 of 1965 and 9 of 1977).

THE ADMINISTRATION OF ESTATES ORDINANCE

(Cap. 189-Laws of Cyprus).

THE COURT FEES RULES, 1979.

RULES OF COURT MADE UNDER SECTION 63 O F THE COURTS ORDINANCE AND ‘SECTION 57 OF THE

ADMINISTRATION OF ESTATES ORDINANCE.

In exercisle of the powers vested in him by section 63 of the Courts Ordinance, 1960, and Section 57 of the Administration of Estates Ordinance, the Administrator, with the advice and assistance of the Senior Judge, hereby makes the following Rules :-

1. These Rules may be cited as the Court Fees Rules, 1979 and shall be read as one with the Court Fees Order, 1953, as amended by the Court Fees Order, 1962 (hereinafter referred to as the “principal Order”) and the principal order and thesle Rules may togethler be cited as the Court Fees Rules, and all references in the principal order to “ordler” or “this order” shall be construed as references to “Rules” or “these Rules”.

2. The principal Order is hereby amended by deleting Appendices “A”, “B”, “C” and “D” thereto and substituting therefor the following new Appendices :-

“ A P P E N D I X ‘A’

RULE 2 (1).

The following fees shall be palid in cash:

1. On slealing any writ of summons in an action :-

(a) where the amount claimed or the value of the matter in dispute exceeds 2 5 0 but does not exceed 2100 . . . . . . . . . . . . . . . . . . . . . . . . 2.500

(b) where the amount claimed or the value of the matter in dispute exceeds 2100 but does not exceed 2 500 . . . . . . . . . . . . . . . . . . . . . . . . 4.000

(e) where the amount claimed or the value of the matter in dispute exceeds S500 but does not exceed 2 1,000 . . . . . . . . . . . . . . . . . . . . . . . . 5.000

(d) where the amount claimed or the value of the matter in dispute exceeds 521,000 but does not exceed S3,OOO . . . . . . . . . . . . . . . . . . . . . . . . 7.000

E mils

21 E mils

(e) whlere the amount claimed or the value of the matter in dispute exceeds 22 3,000 but not 5: 5,000 10.000

(f) where the amount claimed or the value of the matter in dispute exceeds 25,000 but not 2 10,000 15.000

(g) where the amount claimed or the value of the matter in dispute exceeds 210,000 . . . . . . . . . 20.000

Provided that if, after the filing of the action, the amount claimed by the plaintiff is increased, there shall be charged the difference in Court fees between the original and the increased amounts.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

(a),

(b)

15.

On filing a petition in a matrimonial cause . . . . . . 4.000

Other fees in matrimonial cause . . . . . . . . . Same as in a civil action exceeding

E50.

On filing an election petition . . . . . . . . . . . . . . . 8.000

On filing a petition . . . . . . . . . . . . . . . . . . . . . 4.000

On filing an originating summons or application for which no special fee is provided . . . . . . . . . 2.000

On filing an interlocutory application or taking out a summons in a pending cause or matter where the amount claimed or the value of the matter in dispute exceeds 2250 . . . . . . . . . . . . 0.500

On entering an appearance . . . . . . . . . . . . . . . 0.400

On sealing any summons to any person to attend as a witness in any cause or rnattler where the amount claimed or the value of the matter in dispute exceeds 2250 . . . . . . . . . . . . . . . . . . 0.250

On entering a judgment or any order for which no special fee is provided . . . . . . . . . . . . . . . 1.000

On entering a judgment or any order of the Senior Judge’s Court . . . . . . . . . . . . . . . . . . 2.000

On filing notice of appeal to the Sznior Judge’s Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.000

On entering an order for leave to appeal to the Privy Council . . . . . . . . . . . . . . . . . . . . . . . . 4.000

On application to tax any bill of costs :-

for every 22 1 or part thereof claimed to be taxed ... 0.050

on filing notice of review of taxation . . . . . . . . . 1.500

On sealing any writ of execution (unless otherwise provided) :

22

to recover any sum not exceeding S50 (where the claim was originally over S50) . . . . . . . . . . . . to recover any sum exceeding E50 but not exceeding 2 100 . . . . . . . . . . . . . . . . . . . . . to recover any sum exceeding El00 but not exceeding S 500 . . . . . . . . . . . . . . . . . . . . . to recover any sum exceeding E500 but not exceeding E 1,000 . . . . . . . . . . . . . . . . . . . . . to recover any sum exceeding 21,000 but not exceeding E 3,000 . . . . . . . . . . . . . . . . . . . . . to recover any sum excaeeding E3,OOO but not exceeding 5,000 . . . . . . . . . . . . . . . . . . . . . to recover any sum exceeding 25,000 . . . . . . Only one half of the Court fee prescribed above shall be charged for issuing a new writ of execution for the recovery of any sum in the same action.

Where the writ is for the sale of movables there shall, in addition to the fees above prescribed, be paid a mileage fee of 21.

On sealing a writ of attachment or writ of sequestration . . . . . . . . . . . . . . . . . . . . . . . . On sealing a writ of possession or writ of delivery:

where the writ is not for the recovery of a sum of money . . . . . . . . . . . . . . . . . . . . . . . . . . . where the writ is for the recovery of a sum of money in addition to possession or delivery ... and in addition thereto a mileage fee of E1.000” and the fees provided under item 14 above.

For furnishing an office copy of the file of proceedings or any part thereof; or furnishing an office copy of any document recorded in the Court unless otherwise provided :-

where the copy does not exceed 200 words in

for every further 100 words or part thereof . . . . . .

Searches :-

on a search for appearance or an affidavit and inspscting the same . . . . . . . . . . . . . . . . . . . . . on any other search, including inspection, for each hour or part of an hour occupied . . . . . . . . . for a certificate pursuant to the Civil Procedure

English, Greek or Turkish . . . . . . . . . . . . . . .

Rules, Order 63, Rule 8 . . . . . . . . . . . . . . . . . .

f mils

0.500

1.000

2.000

3.000

4.000

5.000

8.000

2.000

2.000

2.000

0.250

0.100

0.200

0.400

0.500

23

f mils

20. On filing the award of an arbitrator . . . . . . . . . 2.000

21. On swearing any affidavit other than an affidavit of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.500

22. On marking any exhibit to an affidavit . . . . . . . . . 0.100

23. For the service of any document :

(a) Within the limits of the Sovereign Base Areas or within those parts of the territory of the Republic surrounded by the Dhekelia Sovereign Base Area ...

(b) Within the Republic other than within parts mentioned in (a) above, within five miles of a boundary of a Sovereign Base Area . . . . . . . . . 0.500

(c) For every additional mile within the Republic but not exceeding a total of 22.000 . . . . . . . . . . . . 0.050

Provided that where application is made for the simultaneous service of several documents relating to the same action, proceeding, or appeal, to be effected either at the same place or at various places within a distance from one another of three miles in a straight line, there shall be charged the appropriate fee in respect of the document to be served at the place farthest from the registry along the route approved by the Registrar, and a fee of 0.250 mils only for every other.

For the purposes of this item papers (such as a writ of summons and account relating thereto, or an application and affidavit in support thereof) which are so intimately connected as to require to be served together in order that the ssrvice rnay be effective shall count as one document.

0.250

24. Where in a civil matter relating to immovable property, water rights, easements, excessive damage or otherwise where a local inspection may be desirable, the Court on the request of either party or of its own motion thinks fit to visit the locality so as to make such inspxtion with or without hearing evidence on the spot, there shall, if the Court so orders, be paid into Court in advance by the party making the request, or by the parties in such ratio as the Court rnay order, such amount, to be asszssed by the Registrar, as shall be considered sufficient to defray the expense of transport and subsistence of the Court:

Provided that the whole of such amount, if the visit is not made, or any unused balance thereof, shall be returned at the conclusion of the case or when the Court so directs to thie party or parties so paying it.

Actions, etc., not exceeding 2 5 0 :-

25. The following fees, and no other, shall he charged in actions involving claims not exceeding 2 50 :-

(a) where the amount claimed or the value of the matter in dispute does not exceed 2 5 a fee of 0.500 mils shall be

24 I

charged on issue of the writ of summons and a fee of S0.500 mils on entry of judgment ;

(b) where such amount or value exceeds 2 5 but not E10 a fee of Sl shall be charged on issue of the writ of summons and a fee of Sl .000 on entry of judgment ;

(c) where such amount or value exceeds S 10 but not E 25 a fee of 21.500 shall be charged on issue of the writ of summons and a fee of S 1.000 on entry of judgment ;

(d) where such amount or value exceeds 2 2 5 but not 2 5 0 a fee of S 2 shall be charged on issue of the writ of summons and a fee of S1.000 on entry of judgment.

Save where otherwise provided, only the following fees shall be charged in originating proceedings involving clalims not exceeding S50, begun otherwise than by writ of summons :-

A fee of S 1 to be paid in cash and a fee of S 1 on entry of the order disposing of such proceedings on the merits.

27. In addition to fees prescribed in items 25 and 26 thlere shall be charged in the cases falling under them:-

(i) mileage fee of S0.500 mils on sealing a writ for sale of movable property ;

(ii) a fee of 21 for issuing a writ of attachment or writ of sequestration ;

(iii) a fee of S l for issuing a writ of possession or delivery whlen the writ is eot for the recovery of any sum of money ;

(iv) a fee of ;El and mileage fee of SO.500 mils for issuing a writ of possession or delivery when the writ is for the recovery of a sum of money in addition to possession or delivery.

I I

,

1

I I

26.

A P P E N D I X ‘B’

CRIMINAL PROCEEDINGS.

The flees payable in criminal matters shall, save where

E mils

1. On the issue of a summons to an accused person ... 1.000

2. On the issue of summons to any person to attend and give evidence or to produce any document ... 0.250

3. On furnishing copy of notes or of depositions, the fees chargeable shall, unless the Court otherwise orders, be at the same rates as are payable in respect of the furnishing of copies of the file of proceedings in a civil action.

4. The service fees payable under the Criminal Procedure Rules, 1953 and 1954, Rule 9C, shall be paid in addition to the foregoing.

oltherwise provided, be the fees prescribed herein :-

APPENDIX/ ‘C’

~ ~~

25

A P P E N D I X ‘C’ ADMINISTRATION O F ESTATES ORDINANCE


The following fees shall be paid in cash :- f mils

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

For depositing the will of a living person (r. 3) ... 2.000

For depositing a will of a deceased pxson . . . . . . 1.000

On filing request to open will deposited in testator’s lifetime (r. 8 (1) ) . . . . . . . . . . . . . . . 0.500

On an application for a grant (r. 9) . . . . . . . . . . . . 2.000

( i ) Swearing and filing an affidavit . . . . . . . . . 0.500

(ii) On marking each exhibit . . . . . . . . . . . . . . . 0.100

On executing and filing administration bond, irrespective of the amount (r. 22) . . . . . . . . . . . . 1.000

For the entry of a caveat (r. 24) . . . . . . . . . . . . 1.000

For the withdrawal of a caveat (r. 24) . . . . . . . . . 0.500

On filing a renunciation of an executor (r. 27-Form 11) . . . . . . . . . . . . . . . . . . . . . 1.000

On issue of a certificate by the probate registrar under Section 29 . . . . . . . . . . . . . . . . . . . . . 1.000

On grant of probate or letters of administration with or without the will annexed :-

If the net estate-

(i) Does not exceed S1,OOO . . . . . . . . . . . . . . . 2.000

(ii) Exceeds S1,OOO for each S 1 , O O O or part thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.000

up t o a maximum of

E100.000 mils

Note : The net estate to be valued as shown in the certificate of the Commissioner of Estate Duty.

12.-(i) Where the value of the property does not exceed S50 a single fee of Sl .000 and

(ii) Where the value of the property exceeds S50 but does not exceed S300, a single fee of S2.000 shall be charged in lieu of all the other fees prescribed under this Appxdix.

For any second or subsequent grant in respect of the same deceased perslons :

13.

26 1 If the net value of the estate:- f mils

(i) does not exceed % 1,000 . . . . . . . . . . . . . . . 2.000

(ii) if it exceeds 2 1,000 . . . . . . . . . . . . . . . . . . 4.000

pendente lite (section 20) . . . . . . . . . . . . . . . . . . 14.

15.

On an application for a grant of administration

For a grant of administratilon pendente lite :

2.000

If the net value of the estate :-

(i) does not exceed 21,000 . . . . . . . . . . . . . . . 2.000

(ii) if it exceeds 21,000 . . . . . . . . . . . . . . . . . . 4.000

probate or administration . . . . . . . . . . . . . . . 2.000

(under section 40-r. 36) . . . . . . . . . . . . . . . 0.500

16.

17.

18.

19.

20.

21.

22.

23. On issuing summons to witness, for service of documents, furnishing copies of proceedings, on search or inspection of a will or other document on the record, and for other relatingto proceedings not expressly provided in this Appendix . . . . . . . . . . . . . . . . . . . . . . . . more than f50.

Notwithstanding any provisiion in this Appendix, the only fee to be charged in any proceedings under section 49 of this Qrdinance, shall be such fee, as a judge may, in each case direct, not exceeding five per centum on the value of the movable property falling to the share of any heir under disability.

On entering any order, except an order granting

On filing a declaration accompanying the inventory

On filing an inventory (under section 40 - r. 36) ...

On filing a declaration of renunciation of estate

For warning to a caveat (r. 38-Form 19) . . . . . . On application for review of Registrar's decision

On filing an application to Court not otherwise

0.200

(r. 37-Form 18) . . . . . . . . . . . . . . . . . . . . . 1.000

0.500

(section 24) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.000

provided . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.000

Same fees as in civil proceedings

claims of

24.

APPENDIX/'D'

27

A P P E N D I X ‘D’ IMMOVABLE PROPERTY (TENURE,

REGISTRATION AND VALUATION) ORDINANCE

(Cap. 224 and Law 3 of 1960-Laws of Cypms- Ordinance 12 of 1966).

PROCEEDINGS BEFORE THE JUDGE’S COURT.

First Column

Item

1. On filing an application or appeal to the

where the value of the matter in dispute does not exceed E 50

where the value of the matter in dispute exceeds E 50 . . . . . . . . . . . . . . . . . . . . .

2. On filing an application to extend time for appeal under section 80 . . . . . . . . . . . . . . .

Judge’s Court (save as provided herunder):

(a)

(b)

. . . . . . . . . . . . . . .

3. On filing an application under section 76 ... 4. On all other proceedings and matters, the

same fees as in an ordinary civil action.

None of the above fees shall be charged in respect of a proceeding taken on behalf of the Sovereign Base Areas Administration.

(128/5/1)


Second Column

Fee

E mils

2.000

4.000

1.000

Free

By the Administrator’s Command, P.G. ADAMS Chief Oflicer,


28 No. 10

THE FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE

(Cap. 10-Laws of Cypms).

THE FOREIGN JUDGMENTS (RECIPROCAL EN*FORCEMENT) (AMENDMENT) RULES, 1979.

RULES O F COURT MADE UNDER SECTION 5.

s. L. Vol. I1 p. 370 ( Cyprus 1.

In exercise of the powers vested in him by Section 5 of the Foreign Judgments (Reciprocal Enforcement) Ordinance, the Adrninisltrator, with the advice and assistance of the Senior Judge, makes the following Rul’es :-

1. These Rules may be cited as the Foreign Judgments (Reciprocal Enforcement) (Amendment) Rules, 1979 and shall be read as one with thle Foreign Judgments (Reciprocal Enforcement) Rules (hereinafter referred to as “the principal Rules”).

2. Rule 16 of the principal Rules is hereby amended by deleting the words “ten shillings” appearing in the first line of paragraph (1) thereof and substituting therefor the words “two pounds”.

(128/5/1)


By the Administrator’s Command, P.G. ADAMS Chief Officer,


No. 11 29

THE CIVIL PROCEDURE (RECIPROCAL ENFORCEMENT OF JUDGMENTS) ORDINANCE


THE CIVIL PROCEDURE (RECIPROCAL ENFORCEMENT OF JUDGMENTS)

(AMENDMENT) RULES, 1979.


In exercise of the powers vested in him by Section 5 of the Civil Procedure (Reciprocal Enforcement of Judgments) Ordinance, the Administrator, with the advice and assistance of the Smior Judge, hereby makes the following Rules :-

1. These Rules may be cited as the Civil Procedure (Reciprocal Enforcement of Judgm\ents) (Amendment) Rules, 1979, and shall be read as one with the Civil Procedure (Reciprocal Enforcement of Judgments) Rules (hereinafter referred bo as “the principal Rules”).

2. The principal Rules are hereby amended by deleting the Appendix thereto and substituting therefor the following new Appmdix :-

S . L . V O ~ . I I

“ A P P E N B T X FEES OF COURT

(Rule 19). The following fees shall be paid in cash :

On filing application for leave to regis+er- E mils

where amount of judgment debt does not exceed S 100 . . . . . . . . . . . . . . . . . . . . . . . . 4.000 where such amount exceeds 32100 . . . . . . . . . 6.000

On filing an affidavit . . . . . . . . . . . . . . . . . . . . . 0.500 On the order for registration . . . . . . . . . . . . . . . 1.500 On issuing execution . . . . . . . . . . . . . . . the Same as on

a judgment of the Judge’s Court.

Other fees: The same as those prescribed in Appendix “A” to the Court Fees Rules.”.



(128/5/1) Sovereign Base Areas.

30 No. 12

THE ADOPTION ORDINANCE

(Cap. 274 - Laws of Cyprus).

THE ADOPTION (AMENDMENT) RULES, 1979.

RULES O F COURT MADE UNDER SECTION 9 AND SUBSECTION (4) O F SECTION 25.

P. I. No. 707/54 (Cyprus ) .

In exercise of the powers vested in him by Section 9 ar sub-section (4) of Section 25 of the Adoption Ordinance, tl Administrator, with the advice and assistance of the Senior Judg hereby makes the following Rules :-

1. These Rules may be cited as the Adoption (Amendmer Rules, 1979, and shall be read as one with the Adoption Rule 1954 (hereinafter referred to as “the principal Rules”).

2. Rule 42 of the principal Rules is hereby amended 1 deleting :-

(a) the word “one” appearing in the second line thereof ar substituting therefor the word “four”, and

(b) the words ‘Twenty-five” appearing in the fourth lii thereof and subsltituting therefor the word “fifty”.


By the Administrator’s Commala P.G. ADAMS Chief Officer,


31 No. 13

THE COMPENSATION ASSESSMENT TRIBUNAL ORDINANCE

(Cap. 216 -Laws of Cyprus).

THE COMPENSATION ASSESSMENT TRIBUNAL (AMENDMENT) RULES, 1979.


In exercise of the powers conferred upon him by Section 10 of the Compensation Assessment Tribunal Ordinance, the Administrator, with the advice and assistance of the Smior Judge, hereby makes the following Rules :-

1. These Rules may be cited as the Compensation Assessment Tribunal (Amendment) Rules, 1979 and shall be read as one with the Compensation Assessment Tribunal Rules, 1956 (hereinafter referred to as “the principal Rules”).

2. The principal Rules are hereby amended by deleting Appendix “C” thereto and substituting therefor the following new Appendix :-

“ A P P E N D I X ‘C’ FEES

(Rule 48). The following fees shall be paid in cash :- f mils

1. On a notice of reference under rule 3 . . . . . . . . . 4.000 2. On any application to the President of the Tribunal 2.000 3. On a notice for a case stated under rule 34 . . . . . . 4.000 4. On taxation of a bill of costs : for every 2 1 or

fraction thereof claimed . . . . . . . . . . . . . . . . . . 0.050 5. On entering an order, swearing affidavits, Samefeesas

issuing summons to witnesses, providing in civil copies proceedings and for any other matter proceedings not otherwise provided for . . . . . . . . . . . . relating t o

claim of more than f50.

None of the above fees shall be charged in respxt of proceedings taken on behalf of the Sovereign Base Areas Administration.”.

P. I. No. 1151/56 (Cyprus).




s. L. Vol. I1 p 337 P: I. do. 531/54 (Cyprus ) .

32 No. 14

THE CRIMINAL PROCEDURE ORDINANCE

(Cap. 155 - Laws of Cyprus - Ordinances 4 of 1960,

10 of 1975 and 4 of 1978) 19 of 1963, 1 of 1966, 2 of 1972, 2 of 1973,

THE CRIMINAL PROCEDURE (AMENDMENT) RULES, 1979.

RULES ,OF COURT MADE UNDER SECTION 176.

In exercise of the powers vested in him by Section 176 of the Criminal Procedure Ordinance, the Administrator, with thIe advice and assistance of the Senior Judge, hereby makes the following Rules :-

1. These Rules may be cited as the Criminal Procedure (Amendment) Rules 1979, and shall be read as one with the Criminal Procedure Rules, 1953 and 1954 (hereinafter referred to as “the principal Rules”).

2. Rule 9C of the principal Rules is hereby amended by deleting the words “twenty-five pounds” appearing in the seventh and eighth line thereof and substituting therefor the words “fifty pounds”.

(128/5/1)




33

THE WILLS AND SUCCESSION ORDINANCE

No. 15

(Cap. 195-Laws of Cyprus-Qrdinance 3 of 1971).

THE ILLEGITIMATE CHILDREN ORDINANCE


THE WILLS AND SUCCESSION (DECLARATION OF DEATH AND LEGITIMATION)

(AMENDMENT) RULES, 1979.

RULES O F COURT MADE UNDER SECTION 52 O F ‘THE WILLS AND’SUCCESSION ORDINANCE AND SECTION 15 O F THE

ILLEGITIMATE CHILDREN ORDINANCE.

In exerciise of the powers vested in him by Section 52 of the Wills and Succession Ordinance and Sectiton 15 of the Illegitimate Children Ordinance, the Administrator, with the advice and assistance of the Senior Judge, hereby makes the following Rules :-

1. These Rules may be cited as the Wills and Succession (Declaration of Death and Legitimation of Children) (Amendment) Rules, 1979, and shall be read as one with the Wills and Succession (Declaration of Death and Lsgitirnation) Rules S. L. vol. II (hereinafter referred to as “the principal Rules”). p. 492.

2. Rule 21 of the principal Rules is hereby amended :-

(a) by deleting the words “one pound” appearing in the second line thereof and substituting therefor the words “four pounds”, and

(b) by deleting the words “twenty-five” appsaring in the fourth line thereof and substituting therefor the word “fifty”.


By the Administrator’s Command. P .G . ADAMS Chief Officer,

(128/5/1) Sovereign Base Areas.

s. L. Vol. XI p. 430 ( Cyprus ) .

No. 16 34

THE MENTAL PATIENTS ORDINANCE-. (Cap. 252 - Laws of Cyprus - ordinance 15 of 1970).

THE MENTAL PATIENTS (AMENDMENT) RULES, 1979.


In exercise of the powers vested in him by Section 39 of th Mental Patients Ordinance, the Administrator with the advice an assistance of the Senior Judge, hereby makes the following Rules :-

1. These Rules may be cited as the Mental’ Patients (Amendment) Rules, 1979, and shall be read as one with the Mental Patients Rules (hereinafter referred to as “the principal Rules”).

2. The principal Rules are hereby amended by deleting Appendices “A” and “B” thereto and substituting therefor the following two new Appendices :

“ A P P E N D I X ‘A’ FEES

(Rule 19).

The following fees shall be paid in cash :- E mils

1. On swearing an information under Section 3 of the Ordinance . . . . . . . . . . . . . . . . . . . . . . . . 0.250

2. On issuing a summons to a suspected person ... 0.500

3. 0.250

4. 0.250

5. On issuing a summons to a witness . . . . . . . . . 0.150

6.

On swearing any affidavit other than one of service

On filing any affidavit other than one of service ...

For the service of any document . . . . . . . . . Same as in criminal proceedings.

7. For furnishing copies of the proceedings ... Same as in criminal proceedings.

None of the above fees shall be charged in respect of a proceeding taken on behalf of th’e Sovereign Base Areas Administration.

APPENDIX/‘B’

35

A P P E N D I X ‘B’

FEES

(Rule 36).

The follmowing fees shall be paid in cash :-

1.

2.

3.

E mils

On swearing any affidavit other than one of service 0.250

On filing any affidavit other than one of service ... 0.250

On entering any order of the Court other tha.n an order for the appointment or removal of an administrator . . . . . . . . . . . . . . . . . . . . . . . . 0.750

4. On lodging a notice of appeal to the SEnior

5. On entering any order of the S:nior Jadge’s Court 1.000

6. On issuing a summons to a witness . . . . . . . . . . . . 0.150

7.

Judge’s Court . . . . . . . . . . . . . . . . . . . . . . . 1.000

For the service of any document . . . . . . . . . Same as in civil proceedings.

8. For furnishing copies of the proceedings ... Same as in civil proceedings.

None of the above fees shall be charged in respect of a proceeding taken on behalf of the Sovereign Base Areas Administration.”.


By the Administrator’s Commanu, P.G. ADAMS Chief Officer,


36

THE GUARDIANSHIP O F INFANTS AND PRODIGALS- ORDINANCE


THE GUARDIANSHIP OF INFANTS’ PROPERTIES (AMENDMENT) RULES 1979.


No. 17

-

In exercise of the powers vested in him by Section 25 of the Guardianship of Infants and Prodigals Ordinance, the Administrator, with the advice and assistance of the Senior Judge, hereby makes the following Rules :-

1. These Rules may be cited as the Guardianship of Infants’ Properties (Amendment) Rules, 1979, and shall be read as one

P. I. N ~ . 490/57 with the Guardianship of Infants’ Properties Rules, 1957 (Cyprus). (hereinafter referred to as “the principal Rules”).

2. The principal Rules are hereby amended by deleting Appendix “B” thereto and substituting therelor the following new Appendix :-

“ A P P E N D I X ‘B’ COURT FEES

(Rule 32). The following fees shall be paid in cash :- E mils

1. On an application under rule 4 ... ... ... . .. ... 2.000 2. For the filing of accounts by the Guardian

including also affidavit in verification thereof . . . 0.500 3. For auditing the accounts of the guardian, if

audited by the Registrar, for every 2100, or part thereof of the gross income of the property of the infant, without deducting any payment . . . . . . 0.250

Provided that if the net income of the property of the infant during the year to which the accounts relate doels not exceed 521120, this Court fee shall not be paid.

For any document issued by the Court in relation to the administration of the property of the infant.. . In any other cause or matter: same fees with civil actions exceeding Z 50. Notwithstanding the provisions of this Appendix, in cases where the value of the share or the property of the infant does not exceed 52300, a single fee of 521 shall be charged in lieu of all other fees prescribed under this Appendix . . .

4.

5.

6.

0.250

. . . 1.000”.

(128/5/1)


By the Administrator’s Command, P.G. ADAMS Chief Officer, ~

Sovereign Base Areas. I

37

THE GUARDIANSHIP OF INFANTS AND PR3DTGALS ORDINANCE


No. 18

THE GUARDIANSHIP OF INFANTS AND PIE. 3DTGALS (AMENDMENT) RULES, 1979.


In exercise of the powers vested in him by Section 25 of the Guardianship of Infants and Prodigals Ordinance, the Administrator with the advice and assistance of the Senior Judge, hereby makes the following Rules :-

1. These Rules may be cited as the Guardianship of Infants and Prodigals (Amendment) Rules, 1979, and shall be read as one with the Guardianship of Infants and Prodigals Rules, as amended by the Guardianship of Infants and Prodigals (Amendment) Rules, 1973 (hereinafter referred to as “the principal Rules”).

2. Rule 10 of the principal Rules is hereby amended :-

(a) by deleting the words “one pound” appearing in the second line of paragraph (1) thereof and substituting therefor the words “two pounds” ; and

(b) by inserting immediately after paragraph (1) thereof the following new proviso :

“Provided that where the subject matter of the application does not exceed SE50 a single fee of 21 shall be charged in lieu of all the fees provided by these Rules.”.

s. L. Vol. I1 p. 422, ( CYP-US). P. I. No. 8/73.


By the Administrator’s Command. P.G. ADAMS Chief Officer,


s. L. Vol. I1 p. 488 (Cyprus).

38 No. 19

THE PROBATES (RE - SEALING) ORDINANCE


THE PROBATES (RE - SEALING) (AMENDMENT) RULES, 1979.


In exercise of the powers vested in him by Section 7 of the Probates (Re-Sealing) Ordinance, the Administrator, with the advice and assistance of the Senior Jadge, hereby makes the following Rules :-

1. These Rules may be cited as the Probates (Re-Sealing) (Alrendment) Rules, 1979, and shall be read as one with the Probates (Re-Sealing) Rules (hereinafter referred to as the “principal Rules”).

The principal Rules are hereby amended by deleting Rule 16 thereof and substituting therefor the following new Rules :-

“16. The following fees shall be charged in preceedings

On application to re-seal a grant - Same as on application for grant of probate or administration under the Court Fees Rules, Appendix “C”.

Sealing fee-Same as on grant of probate or administration under the said Rules.

For an advertisement in the Gazette - 32 1.000.

Other fees - Same as in analogous matters under the said

2.

under the Ordinance :-

Rules.”.

(128/5/1)


By the Administrator’s Command. P.G. ADAMS Chief Officer,


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