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Miscellaneous Provisions Act Justice (1)

Original Language Title: Loi portant des dispositions diverses en matière de justice (1)

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belgiquelex.be - Carrefour Bank of Legislation

20 DECEMBER 2005. - Act respecting various provisions in the matter of justice (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution
CHAPTER II. - Amendments to judicial cantons
established in Soignies and Roeulx
Art. 2. Article 1er, Section 11, paragraph 18 of the Schedule to the Judicial Code, replaced by the Act of 25 March 1999, the words "whose seats are established in Soignies and Roeulx" are replaced by the words "whose seat is established in Soignies".
Art. 3. In section 4, point 26 of the same annex, replaced by the law of March 25, 1999, the words "Signies-Le Roeulx" are replaced by the words "Signies".
Art. 4. In the table in section 1er of the Act of 20 July 1971 defining the framework of peace justice personnel, replaced by the Act of 25 March 1999, the words "Soignies-Le Roeulx" are replaced by the word "Soignies".
Art. 5. The causes listed in the office of Le Roeulx are ex officio and free of charge to the general role or registry of the headquarters of Soignies.
CHAPTER III. - Extension of police courts
de Louvain et Bruges
Art. 6. In the table in the single article of the Act of 16 July 1970 defining the framework of the personnel of the police courts, replaced by the law of 11 July 1994 and amended by the laws of 17 February 1997 and 25 March 1999, the figures "3" and "4" in the column "Judges" in relation to the seats of Louvain and Bruges, are replaced respectively by the figures "4" and "5".
CHAPTER IV. - Amendments to the Act of 3 April 1953
of judicial organisation with regard to the appeal courses of Liège and Antwerp
Art. 7. To the table in section 1er of the Act of 3 April 1953 of judicial organization, replaced by the Act of 20 July 1998 and amended by the Acts of 29 November 2001, 11 March 2004 and 14 December 2004, are amended as follows:
1° from 1er September 2006:
(a) the number "25" in the column "Counsors" in relation to the headquarters of Liège is replaced by the number "28";
(b) the number "9" in the column "Deputies of the Attorney General" in relation to Antwerp's headquarters is replaced by the number "10";
(c) the number "13" in the "Registrar" column in relation to the headquarters of Liège is replaced by the number "15";
2° from 1er January 2007, the figure "7" in the column "Deputy Registrars" in relation to the headquarters of Liège is replaced by the number "8";
3° from 1er September 2007, the figure "8" in the column "General Lawyers" in relation to the headquarters of Liège is replaced by the number "9".
Art. 8. § 1er. The appointment of two advisers to the Court of Appeal in Liège may be made for a period of time taking place on 1er January 2007 and expiring on 31 December 2009.
§ 2. The appointment of a deputy of the Attorney General to the Court of Appeal in Liège may be made over a period taking place on 1er September 2006 and expiring on 31 December 2009.
From 1er January 2007, the number of deputys of the Attorney General who may be appointed by the Court of Appeal in Liège during the period referred to in paragraph 1er, is worn to two.
§ 3. The appointment of a deputy of the Attorney General to the Court of Appeal of Antwerp may be made over a period taking place on 1er September 2007 and expiring on 31 December 2009.
§ 4. It may be provided for overnumbered places referred to in §§ 1er at 3, beyond December 31, 2009, by a decision of the King in this direction, by order deliberately in the Council of Ministers, taken on the basis of an assessment based on the measurement, by means of a uniform registration system, of the workload of the appeal courses and no later than the expiry of that period. In the absence of a decision, overnumbers are resorbed as vacancies occur.
The royal decree referred to in the preceding paragraph ceases to produce its effects at the end of the sixth month following its entry into force if it has not been confirmed by law before that date.
CHAPTER V. - Amendments to the Judicial Code
Art. 9. In Article 207bis, § 1er, from the Judicial Code inserted by the law of 9 July 1997, the words "at the time of appointment" are deleted.
Art. 10. In section 287 of the Judicial Code replaced by the Act of 18 July 1991 and amended by the Acts of 17 February 1997, 22 December 1998, 12 April 1999, 3 May 2003 and 22 December 2003, the words "9 months" are replaced by the words "15 months".
Art. 11. Section 574 of the same Code is supplemented as follows:
"14° of requests referred to in Article 81 of the Regulation (EC) Council No. 6/2002 of 12 December 2001 on Community Designs or Models. »
Art. 12. Section 627, 14° of the same Code, inserted by the Act of 10 February 1998, is repealed.
Art. 13. An article 633quinquies, as follows, is incorporated in the same Code:
"Article 633quinquies. It is only competent to know the application, in the cases provided for in Article 574, 11° and 14°, the Brussels Commercial Court. »
CHAPTER VI. - Entry into force
Art. 14. This Act comes into force on 1er January 2006.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 20 December 2005.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) House of Representatives documents: 51-2012
Session 2004/2005:
Number 1: Bill.
Doc 51-2012
Session 2005/2006 :
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 17 November 2005.
Senate documents: 3-1438
Session 2005/2006 :
No. 1: Project transmitted by the House of Representatives.
Number two: Report.
No. 3: Text adopted in plenary and subject to Royal Assent.
Annales of the Senate: December 8, 2005.