ACT No. XXVIII of 1994 AN ACT /0 pro vide for Ih t U lablishfMfIr and funaions oflht office of Diuctor 0/ ColISume.r Affain QIId !or lht establishment of Q Consumer Affairs CoullCif and of tribunals to IH kno wn as Iht Consum er Claims TriburIflls, and for olher mat/ers ancillary or

I assenl.

(L .S.)

Uoo MIFSUD B O NNICI

President

2nd December. 1994

ACT No. XXVIII of 1994

AN ACT /0 pro vide for Ih t U lablishfMfIr and funaions oflht office of

Diuctor 0/ ColISume.r Affain QIId !or lht establishment of Q

Consumer Affairs CoullCif and of tribunals to IH kno wn as Iht

Consum er Claims TriburIflls, and for olher mat/ers ancillary or

const-quenl thut/Q.

BE IT ENACTED by tbe President, by and wi th Ihe advi~ and

consent of the House of Representatives, in this present Parliament

asse mbled, and by the authority of the same, as foll ows:-

PART I

PrTIilll1n.ry

(I)

This Act may be cited as the Consumer Affairs Act , 1994.

(2) This Act shall come into force on such dale as .he

Minister responsible for consume r affa irs may by nOlice in the Gazette

appoint, and different dales may be so appoin ted for different

provisions and different purposes of this Ac\.

1. In this Act, unless the conlelt otherwise requires-

"consumer" means any indi vidual who not in the course of a

business, n ade or profession, buys or hires goods from a trader or

engages the services of a trader against a fee or reward;

"consumer association" means a voluntary body of persons

whose principal objective is the promotion of consumer protection

or education;

MCouocil" means the Consume r Affairs Council established

under Part 11 of this A ct;

" Depanmen ( ~ means the Department o f Consu mer Affairs;

"'Director" means the Diredor of Consumer Affairs;

"'goods" includes any animals of whatever species whe ther

livi ng or dead;

~ Mini5ter"

means the Minister respoMihle for t:Onsumcr

affairs;

"permanent residen'" meaRl I person in whose favour a

pe rmit of residence has been issued in accordance with section 7 of

the Immigrat ion Act;

"pre miseJ" means an)' place from whe re an)' rradcor business

is carried o ut including any slall or vehkle;

" registe red consume r "malioo" means I consumer

association registered in accordance with Pan IV of this Act;

"trader"

(3) means any person , including a ny body corporate or

unincorporate. who or which in the c:oune of a trade: or

business sells or hires, or offen 10 sell or hire. goodsor services

for I profit or a reward 10. consumer;

(b)

means a government department, a public

corpora tion. autho rity or o rga nisation wh ich provides goods

o r services to consumen fo r a fee . as the Prime Minister may

from time to time designa te by notice in the Gazelle; and

(e) for the pw po .... of sections 7. 9, 12 and lubsection

(3) of section 14. includes any em ployee o r any other person

aeting fo r the above;

M

"Tribunal means a Consume r Oaims Tribunal se t up under

Part IIJ o f this Act.

PA RT 11

,,"&In .lId the COIIJumer ,,"aln CoundJ

IMftdor or CODIUmtr

J . (I) The re shall be a D irector of Consumer Affain who shall

be a public offi«r designated by the Prime Minister for that PUipost.

(2) The functions of the Director of Consumer Affairs,

(he reinafie r in this Act referred 10 as "the Director") shall be to

implement the policy establis hed by the Minister , either personally or

through public officers in Ihe Departmenl of Consumer Affairs and

shall include

(a) 10 provide infonnation aDd guidelines to Ihe public on

mallers affecting the inlerests of consumers;

(b) 10 monilor Irading practices relaling to the provision of

goods and se rvices 10 consumers, and 10 take measures for the

suppression and prevenlion of any practices which may be

detrimental 10 the !Dlerests of consumers;

(c) 10 investigate com plaints from consu mers relative to the

supply of goods and se rvices and 10 lake such action as is in hi s

power 10 redress any justified grievance th at may come to hi s

notice;

(d) to assist Ihe Consumer Affairs Council in the

performance of its functioll5 aDd duties and 10 furnish such

information as may be required by the Council in relation 10 Ihe

exercise of its duties; and

(e) to perform any Olher function or duly Ihal is or may be

assigned to him under this Act or any other law.

(3) Nothing in thls Act shall be conslrued to give any

consumer a righ l to require Ihe DirectOl" to give him advic,e on any

speCirlC or general matter or loact on his behalf and in his interest in any

panicula r matter or dispute wilh any trader or supplier of services

before any court , tribunal or elsewhere.

(4) The Director may in writing authorise any public officer

serving with the Depanmenl, to perform any of the fuoctions assigned

to the Director under this Act Of any other law.

Second Colu mn

In subsection (I) of section 189 for the words "at the

Police Office~ there shall be substituted the words "at the

office of the Director of Consumer Affairs".

In section 1431 for the words "one month" there shall

besubstit uted the words "si)[ months".

(a) For the words "Commissioner of Police" where-

ever they OCl:u r in the Ordinance there shall be substituted

the words ~Director ofConsumer Affairs~;

(b) for the words " Minister responsibl e for th e Police~

there shall be substituted the words " Minister responsible

for consumer affairs".

(I) (a) For the words "consumers' organisation"

wherever they OCl:UT in the Act there shall be sub-

stituted the words "registered consume r association";

(b) for the words "~panmcnt of Trade" wher-

ever they OCl:u r in the Act there shall be substituted

the words " Department of Consumer Affairs".

Section 2 shall be amended as follows

(2)

(a) the definition of "consumers' organisation"

shall be deleted;

(b) for the definition of " Minister" there shall be

substituted the following

.... Minister" means the Minister responsible for

consumer affairs;";

(c) after the definition of the word "premises"

there shall be inserted the following definition

.... registered consume r association" means

a consumer association registered in accordance

with the provisions of the Consumer Affairs Act,

1994.".

(I) Section 2 shall be amended as follows

(a) for the definition of the word "Dire<:tor~

there shall be substituted the following

mea ns the DiTcctor of Consumer

~ " Director~

Affairs '"-

"

(b) fo r the de finition of the word " Minister" the re

5hall be substituted the fo llo wing

~ "Minisle r "

means th e Minister responsible

for consumer affai rs ;" .

(2) (a) In paragraph (g) of scction 3 the wo rds "olhe r

th an contracts fo r th e provisio n of insurance" shall be

deleted.

(b) The provisions of paragraph (a) a bove shall be

dee med to have co me into fo rce on the IstJan uary, 1992.

Passed by the House of Re prese nta tives at Silling No . 338 of the 15th Nove mber

1994. '

LAWRENCE GONZI

Speaker

Rl CH ARD J. C. ... UCH I

Clerk to the HOllse of Rep~sent(l/il'ts

I ;; 11 "' . . . . . ..;

,

""

Mir'

(I ) I.kun hemm Direllur ghall· Arfarijiet lal· Konsumalur li

jkun uffitjal pubbliku mahtur mill· Prim Minist ru g.hal dak il-ghan,

(2) II. runzjonijiet la'

Direttur ghall-Affarijiel lal-

Konsu malur, (hawnhekk iijed 'il quddiem rdan I·AII imscjja h ~ id­

OirellurH) gfi andhom ikunu sabiex iwell &q il-poIity slabbi lila mill-

Minislru , sew personalment jew permezz la' uffitjali pubbliti fid-

Dipartime nl ghall.Arfarijict lal- Ko05umatur u ghandhom jinkludu

(a) I' &holi la' laghrir u guidclincs liII-pubbliku dwar hwcjjct

li jolqlu I-inlercssi lal,konsum aluri

(b) is-sorveljanza la' kull konswcludni kummertjali dwar i\-

provvisla la' oUelli u se rvizzi lill-konsumaluri , u sabiex iweuaq u

bicx jichu passi sabi u iwarrab u jara li ma jsirux konsweludn ijiel

kummcrtjali li jislg.h u jkunu la' dClriment JI'Iall-koosu maluri;

(t) I-i nvestigazzjoni Ill' ilmenli li jsiru minn ko nsumaluri

dwar il-provvisla la' oUelli u servizzi u u bicx jat ixxi daqskcmm hu

fis-sclgha tieghu li jaghmel dan sabiu jirrimedja ku ll ilmcnl

guslifikal li jisla' jsir jar bih;

(d) I.ghajnuna li lingnala lilI· Ku nsill gh all.Atrarijiel lal-

Konsuma tur fi l-twc lliq tal-funzjonijiel u d-dmirijiel ticg.hu u I·

gholi ta ' dak il-Iaghrif li jisla' jenhtiet mill -Kunsill dwar iHweuiq

ta' dmirijielu; u

(c) il-Iwelliq ta ' kull runZjoni jew dmir ic hor I; jkun asse njat

jew li jisla' jip asse njat li lu lah l <lan I- All Jew kullligi ohra.

(3) Ebda hata r dan I-All ma ghandha lifl ihcm li taJl'lli li l

konsu malur lIi jedd li jehlict minghand id-Dircllur xi parirdwar xi hat a

speCifikata jew te nerali Jew li d-DirCllur jagillXi r ismu u n-in tcress

licghu rxi litwima jew hata panikolari ma' kummcrtja nl jew wiched li

jipprovdi sc rvizzi, quddicm xi qon i, lribunal jew band'ohra,

(4) Id· Dircllur jista' jawtorizza bil-miklub IiI kull uffit jal

pu bbliku li jkun fid-Dipartimcnl sabiex iwcllllq funljon ijiet moghlija

lid-DirCllur bis-sahh a la' dan I-All jcw ta ' kull ligi ohra.

(1) There shall be established a Council to be designaled "the

Consumer Affairs Council ~ having the functions and duties sel out in

Ihis Act. The Council shall consisl of a Chairman, Deputy

Otairman and five other members.

(2) 1l\e Minister shall appoint

(a) Ihe Chairman and four other membe rs from among

persons who, beca use of their expe ri ence, qualifications or

activities. the Minisler considers as bei ng able to contribute

towards th e promotion of consumer interesls;

the Director as Deputy Oaairman ; and

(b)

(c) one member who. because of hi s experience.

qualifications or activi lies. the Minister considers as being able to

slale the point of view of traders.

(3) One or the members, other than the Otainnan.

mentioned in paragrapb (a) of subsection (2) of this 5edion u,alI be

appointed after consullation wilh those consumer 'f!(riations, if any ,

regiSlcrcd under Pan IV of Ihis Act and the member mentioned in

paragraph (c) of the same subsection shall be appointed after

OOfIsultatKm with those oonstilulcd bodies which the Ministerconsiders

10 represent the interests or traden.

(4) The appointcd members shall hold office for such term,

not being more than three years, as may be specified in their lelleT of

appointment and shall be eligible for re-appointmc:nt.

(S) Where the seal of any appointed member is vacated

before the expiration of the tcrm filled in his ICller of appointment , the

Minister shall appoint another person 10 replace such member for such

term, not being a tcrm of mo rc than three years, as the Minister may

determine in his letter of appointment.

(6) The Deputy Chairman shall act instead of tbe Chairman

whenever the Chairman is lawfully impeded or is absent from a meeting

of the Council.

(7)

A person $hall DOt be eligible to be appointed a member

of the CounciJ , or 10 continue 10 be a member of the Council if such

(a) is a member of the House of Representatives; or

is a member of a Local Council; Of

(b)

(c) is legally incapacitated or interdicted; o r

(d) has been declared banluupt or has made a composition

with his creditors; or

(e)

has been conviaed of

any crime a((ecting public trust; or

(i)

(ii)

theft; or

(Hi)

fraud ; Of

(iv) knowing.ly receiving propeny obtained by theft or

fnud ; or

(v) any offence contemplated in this Act, the Weights

and Measures Ordinance, the Customs Ordinance, tbe Trade

Descriptions Act , the Door· to· Door Salesmen Act or any law

repealed by any of the said Acts or Ordinances o r any law

replacing the same.

(g) Notwithslandln& a ny other provision of this sectioD the

Minister may al any time tenninate the appointment of an a ppointed

member, if in his opinion such appointed member is unfillocontinue in

office or has become incapable of properly performing his functions.

(9) The Minister shaU appoint an otficcr serving in the

Department to act as no n·voting secretary of the Council.

(1) ItshallbelhefunctionoftheCouncil -

(a) to advise the Minister in the formu lation of the policy to

be followed by the Director in the exe rcise of his functions under

this o r any o ther law;

(b) to advise and assist the Minister o n measures for the

promotion and protection of consumer interests.;

(c)

10 monitor and keep uDder review trading and business

practices relating to the supply of goods and services 10 consumers

and to activities related or ancillary thereto;

(d) at th4: request of the Minister 10 undertake or

commission any study or research which may be necessary 10

promote consumer protectio n ;

(e) to monitor the working and enforcement of Jaws that

directly or indirectly affect the consumer in Malta;

(f)

to draw up and review consumer protection directives

and minimum service standards for submission to the Minister;

(g) to monitor the development of consume r associations in

Malta, and draw up and review ruJes of practice for registered

consumer associations for submission to the Minister ;

(h) to examine and determine whether a consumer

associa tion has the require ments to be a registered consumer

association in accordance with this Act ; and

(i) to perform any other function or duty thal may be

assigned 10 it bylbe Minisleror that may be assigned 10 Ihe Council

under this o r any othe r law.

(2) (a) The Cou ncil may, with the concu rre nce o f the

Minister, from lime 10 time establish such advisory commissions as

il may consider necessary to assist it in its functions.

(b) The commissions shall have an advisory and

consultative function, and their findings or recommendations shall

nol be binding o n the Council or the Minister.

(c) Each oommission established under this subsection

shall consist of two or more persons nominated by the Council and

an equal numbe r of other persons nomina ted by o rganisati ons or

indiViduals representing the interests of the branch or sector of

trade or business in respeaofwhich the commission is esta blished .

A commission shall in each case be chaired by a member of the

Council.

(d) A commission shall serve as a channel of

communication between the branch o r secto r of trade o r business in

respect of which it is established and the Council, and shall

endeavour to prevent and resolve possible sit uat ions of conflict of

views and interests between traders and consumers in that

particular branch or sector.

(1) Subj ect to the provisions of this Act, the Council shall

regulate its own proceduToe.

(2) The Council shall meet as often as necessary bu t in no

case less frequently than once every calendar mon th. Meetings shall be

convened by the Chainnan o r in his absence the Deputy Chairman,

eithe r o n his own initiative, o r at the request of three othe r members of

the Council.

(3)

A quorum al 11 meeting of the Council shall be

constituted by the Cbairman , o r in bis absence tbe De puty Chairman ,

and tbree othe r me mbers.

(4) Decisions of the Council shall be taken by majority of

votes of the members present and voting, the Cbairman sball have an

original vote and in tbe event of equality of votes a second ot casting

vote.

(S ) The Council may act notwithstanding any vacancy

among its me mbers.

(6) Any member of the Council wh o in a ny matter before tbe

Council has any mte rest in conflict wit h his office as member of tbe

Council shall disclose the nature of his interest a nd withdraw from a ny

meeting of the Council during wbich th e matte r is discussed. An y such

disclosure shall be recorded in the min utes.

( I) The Minister may after consul tin g the Council, fro m time

to time, prescribe regulations establishing

<a) consumer protection directives in relation to tbe

provision of any se rvice , or sale or hire of any goods to co nsumers;

(b) minim um service standards in rela tion to the provision of

any service to consumers; a nd

(c)

rules of pl1lctice for registe red consume r associat ions.

(2) Regulations made unde r subsection (1) of this section

may in particular provide for the conseque nces. including the right to

rescind sales and con tracts for the provision of services, and the nullity

of particular clauses in contracts of sale o r hire, or for the provisio n of

services which are in contravention of consumer protection directives or

wbCTc the services are below service standards as may be established ;

such regulations may in panicular provide for offencel where the

regulations are contravened and the penalty for such Qffencesshall in no

cue ucccd a fine (mu/ta) of more than ooe thousand Maltcsc Iiri.

S. ( I) The Director may, with tbe COncu rTCncc of tbe Council,

on his initiative or upon a proposal of the Council , make or issue a public

statement identifying and giving warnings or infonnation about an y of

the followi ng

(a) goods that are unsatisfactory Of dangerous and pel'1OllS

who su pply those goods;

(b) services supplied in an unsatisfactory manner and

persons wbo supply those services;

(c) trading practices detrimental to the interests of

consumers and PCTJ0n5 who engage in sucb practices; and

(d) any otber maller that adversely affects or may adversely

affect the interests of consumers in conncdkm with the acq uisidon

by them of goods or services from u.dcn.

(2) When making a statement as is referred to in subsection

(1), the Director shall adhere to the principles o f fairness and

objectivity.

(3) 1bc Governmen t, the Director and any public offICe r

acting on the instructions or authority of th e Director , shall be elempt

from any liability for acts done in good faith in pursuance of this section

by the Director or any public office r as aforesaid . Such exemption shall

eltend to all persons publishing, printing, rCQ)rding, brolldc.sting or

communicating such infonna tion by any means whatsoever.

( 1) A trader shall not without the wrinen consent of the .. _oICoo .,

Director make or cause to be made any representation in any visual or _to _ _ _

lural fonn , either specifically or by implication , to the effect tbat

(a) any goods or se rvices supplied by any trader have the

approval of any authority established under this Act; or

(b) any activity carricd ou t by any trader hasthe approval, or

is coDducted with the co-operation or assiuance of any au thority

established UDder this Act.

(2) Where a trader', Dame, trade name, trademark , or the

designation of any goods or services provided or supplied by a tnder,

appean in reladon to a represe ntation referrcd to iD subsection ( 1) of

this section , that tndcr shall be deemed for the PUfPO~ of this soction

to have caused the representation to be made unless he proves that the

represen tation was made without his knowledge or connivance.

(3) A trader c:onvided under this section 1ll,1I be liable to.

fine (mult4) of not Jess than fift y Maltese liri and nol more than one

thousand Maltese liri or • lerm of imprisonment not cxceedingli.t

months o r to both such fine and imprisonment .

Where an offence under this Act or any rcgulation made

thereunder is rommilted by an employee or other person acting on

behalf of a trader, the trader shall also be guilt)' of the offence

commi tted by the employee o r o the r person act inl on his behalf unless

he can prove that he has cllcreised all reasonable diligence to prevent

the commis.sion of the offence by the employee or other person acting

on behalf of the trader.

( I) A person who is or was at any time I member of the

11 .

Council or of any advisory QOmmission established under this Act, the

Direa.or, or a public offICe r with the Depanment shall nol, sa~ in the

course of his duly or functions under this Act or any other law, or where

it istOmpetent to him to dolO by reason of a provision of this Act or any

other law, directly o r indirectly communicate any infonnation th at came

[0 his knowledge as a conseque nce of his holding that appointment or

position.

(2) Nothing in subsection (I) of this section !haU be

oonstrued as prohibilingthe Director o r any other public of6cer with the

Oepanment from communicating to a consumer whose complaint

concerning any maller has been investigated by the Department .

information conoemin g any matter which has come to his oe>gnisance as

a result of the investigation.

(3)

Without prejudice 10 any othe r liabilit y unde r any other

la w, any person woo acts in breach of this section $ball be liable on

conviction to a fine (mulUi) of not less than fifty Maltese liri and not

more than one thousand Maltese liri, o r to a tenn of imprisonmen t not

ell:ceeding six mon ths, o r to both such fine a nd imprison ment.

(I) Kull min ikun Jew fxi fmi en kien membru tal -Kunsill

jew la' xi Kummi ssjoni konsultiva mwaqqfa bis-sa hha la' dan I-Att. id-

Direttur, jew uffitjal pubblik u mad-Di/»rtiment ma gJ'landho mx ,

kemm -il darba dan ma jkunx fit.t wettiq la' dmirijietu jew funzjonijiel

131'11 du n I-All Jew laht kull ligi ohra. Jew melajkun imiss lilu li jagl'lmel

dan bis-sahha ta' dispoiizzjoni ta ' dan I-All Jew ta ' xi ligi ohra, sew

b 'mod dirett jew mhux dirett jikkomunikaw taghrif li jkunu sa ru jafu bih

b'errett tal-fatt li kellu dik il-katiga Jew uffitcj u.

(2) Ebda haga fi s-subartikolu (I) ta ' dan I-artikolu ma

ghandha tiftihem bhala li tipprojbixxi d-Direttur Jew kull uffigal

ubblik U iehor mad-Dipartiment milli jikkomunika lill-konsumatur, 1i

f

-ilmenl liegJ'lu dwar xi J'l aga jkun gie investigat mid-Direttur, laghri(

dw.r xi haga li jkun Yr jaf biha b' riZultat la' l-invcsligattjoni tieghu.

(3) Mingflajr pregudizzju ghal kull responsabbillll oll ra taht

xi lig; ohra, kull min jikscr dan I-artikolu jel'lel, meta jinsab hati , multa

la' mhux anqas minn hamsin lira Maltija u la' mhw; itjed minn elf lira

Mallija, Jew glial prigunerija la' mhw; iZjed minn silt lthur, Jew ghal dik

il-muJta u prigunerija flimkien.

( I) Wh ere it appea rs to the Directo r that a trade r has

engaged in conduct that constitutes a breach of. o r failure 10 comply

with any refulations made under section 7 or under the provisions of

section 9 0 this Act, the Director may, at his discretion , instead of

instituting pll.llXedings apinst the trader under the relevant regulation .

caution the trader and seek an undenaking in writing from the trader

that he shall refrain from the conduct specified in the undertaking for

such period not ell:cccding three years, as may be specified by the

Director.

(2) The Director shall nOI institute proceeding1 against the

trader where the tradc r shall have ceased to engagc in the said conduct

and has given the said undertaking.

(3) 1be Director shall maintain a registe r of undertakings

made under this section , which register shall be kept a t the principal

office of the Department and the regiSte r may be seen by any person at

such times as may be established by the Director.

(4) A trader who acts in contravention of an undertaking

made in accordance with this section shall be guilty of an offence and

shall on conviction be liable to a fine (mull<l) of not 1ess than fifty

Maltese liri and not more than one thousand Maltese liri, and shall in

any case remain bound by the undertaking for the remaining period of

its lenn.

(I) Proceedings for any offence under this Act may only be

instituted althe instance of the Director.

(2) In any proceedings referred 10 in subsection (I) of this

sec.:tion, the Director may, notwithstanding any provision of any other

law, conduct the prosecution before the Court of Magistrales.

(3) Should the evidenceofthe Director be required as part of

the case of the prosecution, he shall be heard before any ot her witness,

unless the necessity ofms giving evidence arises later in the proceedings.

(1) Upon the request even verbal of the aggrieved consumer

or of the pl'nsec:uting officer OD his behalf, the Court shall where the

defendant isconvicted for an offence against any regulation made under

section 7 of this Act, make a compensation order whereby defendant is

ordered to pay to the aggrieved consumer as full or panial

compensation

(a) a sum not in excess of two hundred and fifty Maltese liri

for any pecuniary loss, and

(b) a sum of oot less than fifteen Maltese liri and not more

than one hundred Maltese tiri as moral damages for any pain,

distress, anxiety and inconvenience,

suffered by the aggrieved consumer as a result of the offence or arising

therefrom .

(2) Any compensation ordered under paragraph (a) of

subsection (1) of this section shall be reduced from any amount which

may be given in a judgement by a court or tribunal of civil jurisdiction

with regard to the same matter.

(3) A req uest for the making of a compensation order shall

not be made where such damages have been settled by agreement with

the trader or where the aggrieved consumer has instituted a claim before

a court or a tribunal of civil jurisdiction against tbe defendant in respect

of the same maller.

(4) A compensation order made under this section shall be

without prejudice to the right of tbe aggrieved consumer to institute civil

action for the recovery of any sum dlle 10 him as damages $0 however

that the sum covered by the compensation order shall be reduced from

the total sum due by the defendant as damages.

(5) A compensation order made under this section shall be

slIbject to appeal by the defendant in the same manner as an appeal &om

sentence.

(6) When the judgement in wh)ch a compensation order is

made has become ,~s j udiCtJtf.l, the said compensation order shall be

deemed 10 be an execUlivt tide for the purposes of the Code of

Organisation and Civil Procedure and shall be enforceable in the same

manner as if it wefe I judgement of the Court of Magistrates (i n each

case in its inferior civil jurisdiction) of the island where the Court

ma king the compe nsation o rder is si tuate .

(I) The Prime Minister may by Orde r in the Gaunt direct

Ihat the provisions of sections 10, 12, 13 and 14 a flhis Ad shall apply to

:",,::;'0.12.13 offences under any othc r law adm iniste red by the Di rector, o r unde r

0"" 141"0lb« any law whereby maximum prices for good5 o r 5erlK:es . re fixed, or

whereby minimum standards are rl.led for goods or services.

(2) The proviSions of sections 10, 12, 13 and 14 of this Act

shall apply 10 offences unde r the laws referred 10 in section 43 of th is

Aa .

PART III

Consumer Claims Tri bunal

(I) There shall be two Tribunalsto be styled Uthe Consumer

Oaims Tribunal (Mal ta)" an d uthe ConsumerOaims Tribunal (Gozo) ~

respectively.

(2) The Consumer Oaims Tribunal (Malta) shall, subject 10

the provisions of subsection (3) of this seetion . have jurisdietKm 10 hear

and delermine consumer claims where the transaction 10 which the

elaim refen has taken place in Maila, and shall hold il5 sillings in such

place or places in Malta as the Minister may by Order in the G azelle

determine.

(3) The Consumer Oai ms Tribunal (Gozo) shall have

jurisdietion 10 hear and determine consumer claims where the

transaction to whi ch the claim refen has tak e n place in the Island!; of

Gazo o r Comioo, and shall hold itssi ttings in sueh place in the Islands of

Gozo and Comino as the Minister. in consultation wilh the Minister

responsible for Gozo Affairs. may by Order in the Gazette determine.

(4) For the purposcsof subsections (2) and (3) of this section

• transaetion shall be deemed to have laken place

(I) in thecase of a saleor a service which has been concluded

or provided on the premises of the trader. in the island where those

premises Ire situate;

(b) in thecase of a sale or asel"lice which has been concluded

or provided outside the premises of the trade r

(I) where the sale or the se rvi ce was cont racted by

telepho ne, fax , corresponde nce or by any me<: hllni cal or

electronic mea ns of co mmun ication , and the trad er did not

himse lf approach the co nsumer and offe r th e sa le of th e goods

o r the supply o f the se rvice, in the island wh ere th e premisesof

th e trader are situate;

(H) in a ll ot he r easel> in the island where the goods we re

delivered or the service provided ; SO however that where the

goods were deli vered o r the service provided partly in the

Island of Malta and partly in the Island ofGow nr in the Island

of Comino, or has taken place d uring a voyage between the

Island of Malta and the Island of Gozo or the Island of

Comioo, both T ri bunals shall have jurisdictio n.

(5) Where in acco rdance with the proYisions se t o ut in

subsecti on (4) of this section , or in accordance with any rules made

under sectio n rI of th is Act, it ca nnot be determined which Tribuna l has

juri sdiction, the provisions of the Code of O rganisation and Civil

Proced ure to determine confli ct of jurisdiction between the Court of

Magistrates (Malta) in its civil jurisdiction and the Court of Magistrates

(GOlo) in its inferio r ci vi l jurisdiction . shall mU/atis mutandis apply.

(I ) Each T ribu nal shall be presided by an Arbi ter sill ing lubitcn..

Provided that mo re than o ne Arbiter may be appoi nted to si t

in any of the said Tribu nals, but o nly one Arbiter shall sit in an y one

(2) A rbiters shall be appoi nted by the Prime Minister. No

person shall be qu al ified to be appointed Arbiter unl ess such person

(a)

is a citizen of Malta over the age of thirty years; and

(b) holds th e warran t and has pl1lctised the profession of

advoca te in Malta for a period of at least five years.

(3) A person shall be disqualified to be appoin ted Arbiter if

such person

(a)

is a me mbe r of the House of Re prese ntatives; or

(b)

is a membe r of a V .... al Council ; or

(c)

is a tl1lde r; or

(d) has bee n convicted of any of the offences referred to in

paragraph (e) of subsection (7) of section 4.

(4) Arbiters shaH receive such remuneration as the Prime

Minister may by notice in the Gazette determine. and shaH not be

precluded from the exercise of their respective profession.

(S) Arbiters shall be appoin ted for a term of three years and

shall be eligible to be re-appointed, for a funher term or terms of three

yeaneach.

(6) In the exe rcise of his functions under this Act an Arbiter

shall not be subject to the control or direction of any other person O£

authority and may DOt be removed from office except by the Court of

Appeal on an application for that purpose by the Prime Minister OD the

grounds of misbeha'iiour or inability to perform his functioll5 by reason

of infirmi ty of body or mind.

(1) The remuneration due 10 Arbiters and the eJl:PCnses in

connection with the administ ratio n of the Tribunals shall be paid out of

the Consolidated Fund without the necessity of any funher

appropriation.

An Arbiter shall abstain and may be challenged in the same

circumstances as a Judge of tbe Superior Courts.

.9. Every person appointed as an Arbiter shall nOI assume the

functions of hili office unless and unti l he has taken before the Attorney

General an oath to examine and decide the cases brought before him

without delay, with impartiality, and equity according to law.

:zOo (1) A Tribunal shall have jurisdiction to hea r an d determin e

claims made by consumers agai nst traders where the value of the claim.

exclusive of imerests and costs. does not exceed five hundred Mallese

tiri, and where the claim relates 10, arises out of or concerns:-

(a) Ihe pun::hase or hi re of goods by a consumer from a

trader; or

(b)

the provision of services by a trader to a consumer.

(2) The jurisdiction of a Tribunal shall nOI be exclusive, and

it shall be at Ihe option of the consumer whether to .bring an action

a~nst a trader before a Tribunal or before tb~ orlimlU}' courn; so

howeve r Ihat:-

(a) where an action has been brought before a Tribunal by a

consumer, it shall not be competent for the consumer 10 bring an

action arising out of the same clai m also before the ordinary court;

"d

(b) where an action has been brought before the ordinary

couru by a consumer, or in a case brought by a trade r against a

consumer and the consumer sets forth a counter-claim, il shall be

lawful for all the parties to the action, where the claim and the

counter-daim if any are within the jurisdiction of a Tribunal, by a

joint note filed in the records of the case to request that Court to

transfer the case 10 a Tribunal. Thereupon the ordinary court shall

through the Registrar transfer a copy of the records of that case 10

the Tribunal and shall refrain from taki ng funher cognisance of the

case. Registry costs in respect of the case before Iheordinarycourts

shall in any such case be waived, and unless the parties otherwise

agree in the no te aforesaid, costs shall be determined in a like

manner as if the case was withdrawn by the plaintiff

Provided that a case shall not be transferred to a Tribunal

where the value of the claim or counler-ciaim determined as

provided for in subsection (1) of this section eJ[ceeds five hundred

Maltese liri; and

(c) it shall be lawful for a trade r to make a counter-cl~m

against I consumer arising from a matter referred to in subsection

( 1) of this section before the Tribunal in aD action brought against

him by. consumer.

A Tribunal shall determine the issues in dispute in any Oelenlliua.. of

(1)

claim orcounter-claim before it ac:oording 10 the substantive merits aDd .,.. ... bc'<H.

justice of the case, and in attOrdance with equity

Provided that any question of prescription shall be determined

according to law.

(2) A Tribunal may , when determining the issues in dispute

in any claim or counter-claim before it, order the trader to pay to the

consumer a sum of not less than fifteen Maltese Iiri and not more than

o ne hundred Maltese !iri as moral damages for any pain , distress,

anxiety and inconvenience.

21. (1) An appeal shall lie from a decision of a Tribunal by Ap-,,"II.

means of an application filed within eighteen working days from the

d ate of the decision-

(a) in the case of an appeal from the Consumer Oaims

Tribunal (Malta) to the Court o f Appeal composed in aC(:()rdance

with tbe provisio ns of 5ubseaion (6) of section 41 of the Code of

Organization and Civil Plocedure o r any provision in substitution

the reof; and

(b) in case of an appeal from the Consumer Oaims Tribunal

(Gozo) to the Court of Appeal composed in acoordan<:e with the

provisions of subsection (3) <a) of section 50 of the Code of

O rganiution and C ivil Procedure or any provision in substitution

thereof.

(2) An appeal shall only lie in accorda nce with subsection (1)

of this section where the Tribunal has acted contrary to the rules of

natural justice. and such action has seriously prejudiced tbe rights of

the appellant. Whe re the Court of Appeal finds that the grounds fo r

appeal are justified it shall quash the decision of the Tribunal and shall

itself de termine the original claim and any counte r-claim in aC(:()rdanee

with th e provisions of sectio n 21.

D . (I) Subject 10 the provisions of any rules made in

accordance with senion Xl of this Act and 10 the provisions of

subseaio n (2) of Ib is &eClKln. In Arbiler shall regulate the proceedinp

before a Tribunal 85 he thi nks best suited to the ends of justice in

accordance with the rules of nat ural juslioc:.

(2)

Subject 10 any rulcl referred 10 in 5ubsec;:tion ( I) hereof,

an Arbiler -

<a) shall ensu re that a case is decided as rar as is reasonably

p<miblc on the u me day of the hearing;

(b) shall info rm himselr in any manner he thinks fit and shall

nOI be bound by the rul e5 of best evidence o r the rul es relative 10

he arsay evide nce if he is !Illisficd that the evidence before him is

sufficiently re liable for him 10 reach a coDclusion on thec:ase before

him' ,

(e) shall refrai n as rar 115 possible from appointing technical

referees 10 give expert evidence. and shall where experts are

appointed make out a list of poiou upon which the expert is 10 give

evidence;

(d) shall nol be bound 10 give extensive reasons for his

decisions but it shall be sufficient for him to list out the main points

upon which his decision is based; and

(e) shall have the same power as a Magistrate Silting in a

Coun of Magistrates (Malta) in its civil jurisdiction or in the Coun

of Magistrates (Oozo) in its inferior civil jurisdiction and in

particular shall have power to summon wilnesses and to administer

an oath 10 witnes5e5.

(3) No proceedings before a Tribunal shall be invalid

because of any non-observance of any formalities if there has been

substantial compliance with the rules.

(4) (a) A claim shall, before being presented before a

Tribunal , be referred by the pany making the claim to the Director

who shall try to bring the panies into an agreement on the issues in

dispute.

(b) If no agreeme nt is reached on all the issues in

dispute within fifteen working days from when the claim was

referred to the Director by the party, that party may then present

its claim before the Tribunal.

(5) Witnesses shall be paid fees in aa:ordance with the

Witnesses (Fees) Ordinance.

(6) The proVISions of the Judicial Proceedings (Use of

English Language) Act shall apply to a T ribu nal.

(I) Bla fIsara g.had-disjXdizzjooijiet ta ' tun regola

magl'lmula skood I-arti kol.u 1:1 ta' daD I·An u slr.ood id-dispotizzjonijiet

tas·subartiltolu (2) la' dan I-artikolu, Arbitru jirregola \· proecdimenti

quddiem Tribunal bil-mod 1i jahseb I; jkuo I-aktac Iieraq g,ball-finijiet Ii

tintaghmel guslizzja, skond id-deuami tal-gustiuja nalurati.

(2) Bla hsara glial kull regola msemmija fis-subartikolu (1)

ta' dan l-artikolu, Arbitru -

<I> ghandu ji4ura li kat ghandu, daqsltemm ikun b' mod

ragonevoli possibbli , jinqata' n· istess jum laS-Smigh liegbu;

(b) gI'Iandu jilgl'larraf b'kull mod Ii jisla' jidhirlu xieraq u ma

jkunx marbul bil.prauika dwar ].abjar provI jew dwar xiehda fuq

klicm l'Iaddie hor jekk ikun sodisfallii x-xiehda Ii jltollu quddiemu

Ikun biUejjed veritiera li bihajista' jasal biujaqta' I-kat lijltunqed

jillratta;

(~)

gI'Iandu jiddefuti kemm jist.' jkun milli jqabbad periti

teknia sabiu: jaghtu l-pariT espe rt laghhom, u jekk jinbalru tali

perili huwa gbandu jifformula elenku ta ' dettalji li I-peril ikollu

jirrelala dwarhoffi j

(d) ma ghandux joqgl'lod jaghli motivi imta_lin dwar kif

ikun wasal gI'Iad-deo :i:jonijiet lieghu, itda jkun bitteijed U jelenka

d-dettalji ewlenin li jkun sejjes id-detitjoni lieghu fuqhom j u

(e) jkolJu I-~Iess setgha daqs Magistral li joqgbod fil-Qorti

tal -Magistrali (Malta) fil-kompetenza ~vili laghhajew fiI-Qorti tal-

Magislral; (Gbawdex) fil-kompetenza ~vili inferjuri taghha u

b'mod panikolari jkun jista' jl'larrek u-xhieda u jamminislralhom

iI-guramenl.

(3) Ebda prot.ediment quddiem Tribunal ma jkun invaUdu

minbabba rnuqqll5 la' Iharis ta' xi fo rmalitA sakemm wiel'led ikun men

h' mod konformi kemm jisla' jkun mar-regoU.

(4) (a) Oabel ma talba ligi preunlata quddiem Tribunal,

dik iI-pani li tkun seT ta~mel il-Ialba ghandha l-e_ellirreferi I-Ialba

lid-Direttur li gI'Iandu Jipprova jwassal lill.panijiel fi ftehim dwar iJ-

kwistjonijielli jkun bc:mm.

(b) JeU ma jkunx inllahaq ftebim dwar il-kwisljooijiel

kollha fi tmien I'Imistax-il jum ta' xoghol minn meta I-pani tkun

inife rie t it-talba laghha lid-Direttur, dik il-pani lista' mbaghad

tressaq It-Ialba lagllha quddiem il-Tribunal.

(5) u -xhieda ghandhom jitba11su d-driltijiel skond I-

Ordinanza dwar id-Drittijiel tax-}(hieda.

(6) Id-dispotizzjonijiella' I-Att dwar PIOCeduri Gudizziarji

(Um ta' 1-lIsien IngIH:) ghandhom jappl.ikaw ghat.Tribunal.

24, ( I) Jd-dispotinjonijiel la' din il-Taqsima jghoddtl ghal

lalbielli johorgu minn xi bejgh magl'lmul jewserviD: moghti wlrad.dl'ltll

fis.sehh la' dan I· artiiolu, u tiun iondil:%joni ta' iull bejgh Jew serviD

mogI'Iti wara d-dhul fis-sel'lh ta ' dan I-I n ;iolu li d-dispotizzjonijiel la'

din it-Taqsima ghandhom ikunu jghoddu glial iull lalba li lohmg

minnhom

It.da i onsumalur u kum rnertjant iiunu jislghu jaqblu li din il-

Taqsiml tiun Ighodd ukoll ghal bejgl'lJi jiun sar,jew servizz li jktln tie

provd ul , qabel id-dhul fis-sel'll'lla ' dan l-anikolu,

(2) lI-panijiet fi lransazzjoni li gha!ihom jirreferi 50

subanikolu (I) la' dan I,anikolu , ma jislghux jit hdu Jew inaqqsu xi

wiel'led mill-jeddijiet mOghtija 1iI konsumalur lahl din il-Taqsima,

25, (I) F'iull deat;oni Ii jaghti I-Arbil ru gI'Iandu jiddetiedi

dwar I-ispejjet li xi wal'lda mill -panijiel ikollha lha.llas Iill-pani l-01'1ra u

sakemm ma jltUfU he mm xi ariostanzi spetjali, il-parti li litlef it, kai

ghandha lip onlnala Il'Iallas I-ispejjet lal-pani l-ohra li lavur lag.h ha

jiun inqala' l, kai ,

(2) lrispejjet iiunu limitati bits ghal nelqiel li jiunu sa ru

b' mod diretl dwar iI-ka! mill -pani li ravu r taghha jkun gie de<:ii li

jitha!lsulha l-ispejjet

lida febda iat rna g.I'Iandu jigi deti1 dwar spejjet li ji ollhom

x'jaqsmu ma ' nefqielli jltunu jiiionsistu fi drillijiel legali Jew iull drill

ichor b' iull isem li jkunu mhalls. minn xi parti Ii Ikun lit avukati,

prokuraluri legal! Jew iull persuna ohra Ii Ilssisti lilI-parlijiel quddiem

iI-Tribunal.

(3) DeCit;oni ta' T ribu nal li liun ghaddiel fgudika l li51a'

liun eiegwibbli mill -Ooni lal-Magi5trati (Malta) fiI , kat la' detiijoni

lal-Tribun al glial Talbiet la' Konsuma luri (Malla) u mill·Ooni lal,

Magistrali (Ghawdex) fil-kompelenza avili inferjuri la&hha fiI ,kat tat-

Tribuna! &ha! Tatbiel ta' Konsumaluri (G hawdell) bl· islm mod

bhaUikieiu d-detiijoai kienet senlenza la' Oon i Jew ol'lra .

U.

(1)

KtllI Tribunal ikollu r-Rcgistru lieghu .

(2) lr-ftrordr la' kull Tribunal glIlndhom ikunu attes5ibbli

glial kulhadd, u ghandhom jinghataw i o pJi re laltivi mll-hlas tad-drill

preskrill Iilltull peRuna ti titiobhom,

(3) lralli u rtcQrdJ la' Tribunal ghandhom jigu depotilali u

miimuml fit-post kif il-Minisltu jista' jistl bbilix:xi , bi ftehim mal-

Ministru respoosabbJi ghaU-iustizzjl, b'Ordni fiI-Gazzeua .

(4) II-Ministrujahtar Segretarju &hat iuII Tribunal minn fosl

uffitjali pubblia fid.Dipartiment .

(S) Bla hsara gl'Ial dawk ir-regoli li jistgflu jsiru lah! din h-

Taqsima , is-Segrctarju jkol1u ]-istess tunzjonijiet ghar. ngward lal·

Tribunall-i$tess bhalma gflandhom ir-RcgistralUf laI-Qrali u \· Arkivist

taI-Qrati gl\ar-rigward taJ-Qrati SupeTjuri.

(6) I1·Ministru jabtar ukoll Deputati Segrelarji minn fost

uffitjali pubbliCi fid. Dipanimcnlli, bla lInta glial rcgoli magbmula kif

imscmmi qabel, ikollhom dawk id-dmirijicl li jinghatawlhom b'mod

generali mis-Segretarju u b'mod partikolari hckJr. kif jitwettqu minn

Deputati Registraturi fiJ-Orati Superjuri.

(7) Qabel roa jibdew iwctlqu I-funzjonijiet taI-kariga

taghhom, Segrctarju u Deputat Segrc:larjughandhomjiehdu ujiffinnaw

guramcnt quddiem Kummissjunarju ghall-Ouramenti Ii jkunu se

jwctlqu dmirijiethom b'mod gust u impan;jali skond jJ. liY.

II·Minislru jista'. bi ftehirn mal-Minishu f'eSpOl15lIbbLi glIall-

21. gustittja , jaghmel

regolamenli

ghall-hdim

ahjar

tat-Tribunali_

imwaqqfin b'din it-Taqsima u jista' minghajr prcgudizzju ghall-mod

ge neriku ta' dan i1-paragrafu jagllme\ regoli li

(a) jifformulaw il-prOCedura ta' quddiem it-Tribunali jew la'

I-appelli li ;Siru minn deCii:jonijlellal-Tribunali;

(b) jistabbilixxu kif g.1'Iandbom isiru l-proOO:Iimenti quddiern

it-Tribunali jew fappel1i rnil-Tribunali;

(t) jislabbilixxu r-rati ta' l-ispeijei fi prOCedimenti li jsiru

quddiem it-Tribunali;

(d) jistabbilixxu d-dritlij iet li jistghu ikunu dovuti lir-

Registru tat -Tribunal;

(e) jiffo rmulaw

id-drnirijie t tas-Segrelarju

u

Deputati

Segre tarji; u

(I) jippreskrivu kull haga ohra li lista' jew ghandha tku n

hemrn preskriua skond din il-Taqsima.

TAQSIMA IV

Gbqdkt .. ' KWTlImal.rt

( I) The provisions of this Part sh all a pply 10 claims arising

from sales made or se rvices provided after the coming into force a fthis

seaio n, and it shall be a condition of any sale or provision of service

after the comi ng into force oflhis secti on that the provisions of this Pan

shall apply to any claims arising Ihe refro m

Provided that it shall be lawful fo r a consumer and a trader to

agree that this Pan shaU also apply 10 sales made , o r services p rovided ,

before the coming into force of this section.

(2) It shall not be lawful fo r the pa nies 10 a Irans&Clion 10

which subsection (I) of th is section refers , to deroga te from any right

given to a consumer under this Pan.

(\) In any award the Arbite r shall determine the costs that

any of the parties is to pay to the o ther and unle ss special circumstances

so warrant , the losing party shall be orde red to pay th e costs o f the party

in whose favour the decision is awarded.

(2) Costs shall be limited to expen ses made directly in

connection with th e case by the party in whose favo ur th e payment of

costs is awarde d

Provided that in no case shall costs be a warde d in connection

with any ex penses consisting of legal fees o r any fees however so calle d

paid by an y o f the pa rt ies to advocates, legal procurators or any other

person lt5Si~ting the parties before the Tri bun al.

(3) A decision o f a Tribunal which has become res judiClltn

may be enfo rced by the Court·o f Magistrates (Malta) in the case of a

decision ofthe Consu me r Oaims Tribunal (Malta) , and by the Court of

Magist rates (Gozo) in its infe rio r civil jurisdictio n in the case of the

Consumer Oaims Tribunal (Gozo) in the same ma nne r as if the decision

were a judgemen t of the respective Court .

16. ( I) The re shall be a R egistry for e ach Tribunal.

(2) Th e records o f e ach Tribun al shall be acce ssible to all

persons, and copies shall be given on payme nt o f the prescribed fee 10

any person o n requ est.

(3) The acts and records of a Tri bunal shall be deposited and

kept in any place as the Minister may , with the concurrence of the

Minister responsible for justice, by Orde r in the Gazette establish.

(4) The Minister shall appoi nt a Secre ta ry 10 each Tribun al

from among publ ic officers servi ng with tbe Depa rtme nt .

(5) The Secretary shall subject to such roles as may be made

under Ihis Pan , have the same functions in relation to the Tribunal as

the Registrar of the Courts and the Archivist of th e Courts have in

relation to the Superior Courts.

(6) The Minister shall also appoint Deputy Secretaries from

among public officers servi ng with th e Department who shall , subject to

rules made as aforesaid , have sucb duties as are assigned to them brlhe

Secretary in general and in particular as are pcrfonned by Deputy

Registl1U$ in the Superior Courts.

(7) Before assuming the functions oftheir office, aSecrctary

and a Deputy Secretary shall take and subscribe to an oath before a

Commissioner for Oaths to perform their duties fairly and impartially

according 10 law.

7:1. The Ministe r may, with the concum:nce of the Minister

responsible for jUSlK:e , make rules for the better functioning of the

Tribunal5 established under lhis Pan and may without prejudice to the

generality he reof make rules

(a) selling out the procedure before the Tribunals or in

appeals from th e Tribunals;

(b) establishing the forms that are to be used in proceedings

before the Tribunals or in appeals from the Tribunals;

(c) establishing rat es o f costs in proceedings before the

Tribunals;

(d) establ ishing the fees that may be due to the Registry of

theTribunal;

(e) setting out the duties of the Secretaries and Deputy

Secretaries; and

«()

prescribing anything that mayor is to be prescribed in

accordance with this Part.

PART IV

ConsUIMr AssIXiatiOIlS

A registered consumer associatio n is a consumer association

whieb satisfies the Council that it complies with the follOwing

requirements

(a) thatlhe association has a minimum paid up me mbership

of twO hundred and fifty members of majority age who are citizens

of Malta o r permanent residents in Malta;

(b) thal the Slalule of the association Slates in substance that

the principal objecl of Ihe 'wriation is to promole consumer

proteclion, and 10 guide. infonn and educale consumers;

(c) th at the SlalUle makes provision for the association to be

managed by persons free ly elected by the members of the

associalion in an election which is held at leasl once every calendar

year;

(d) Ihat the associal io n does not have the making of profil as

one of its objects; and

(e) Ihat the 9$soci8lion is independenl of any Olher

association . Orpnisalion or grouping whose principal object is DOl

the protection of consumers.

29, ( 1) Any cons ume r association wishing 10 be recognised as a

regislercd consumer associadon shall s ubmit 10 the Counci l the

following

(a) an applkation on the appropriate fonn issued under the

authorily of the Council;

(b) a complete updated ropy of its statute duly cenifted by

the person who holds the most senior executive post wi th Ihe

awx,alkxl ;

(c) a list of the associatio n's members including their

rnpective addresses and iden tity card numbers; and

the offlcialaddrcss of the asc<xi.tion.

(d)

(2) The Council shall al iu earliest opportunity examine and

verify whether the uwciation Sltisfies Ihe requirements laid down in

section 28 of this Act. Where Ihese requirements are satisfied, the

Council shall regisle r the _ppHeant as a registered consumer

association. and shall issue a (:Cnificate 10 the Usoc1ation confirming the

registratio n of the said association and the date the reof.

(3) Whe re the Council determines that an association does

nol Sltisfy the requirements fo r registration , it shall within fourtee n

days from the date of its decision give nOliee thereof in writing to the

applicanl giving the grounds for such a decision.

(4) The Council may refuse to register a consumer

association under a name or designation which it considers to be

offensive or otherwise undesirable.

(5) A certificate issued by the: Council to the effect Ihat a

particular consumer association is a registered consume r association

which complies with al l the requireme nlS laid down under subsection (1)

of Ihis scctlOD, shall be valid and conclusive evidence of the fact for al l

intents and purposes of law.

(6) No fees shall be charged in connection with the

registration or a consumer awrialion with the Council.

(I ) Kull ghaqda ta ' konsum aturi I; Ikun tixtieq liti Kiftapplika

rikonouuta bbala ghaqda I." konsumaluri reiislrata ghandha Pl.,..rf"'"_

tissoltometti lilI· Kunsill daD Ii gej

(a) applikaujoni fuq iI-fonnula adana mahruga lah! 1-

aWloritl tal-Kunsill;

(b) kopja shill. aitomala ta' l-islalul laghha debilamenl

tenirikal mill. pernma li jkollha l-ogl'lla kariga dekulliya ma l-

ghaqda;

(~)

liMa lal-membri u.1-ghaqda inkluti I-indirim rispenivi

lagbhom u numri tal-kanata' l-identid,; u

(d)

I-indirizz uffit jali ta l-ghaqda .

(2) II-Kunsill gbandu ma ' l-ewwel opportunitf, Ii jkoUu ,

jeiamina u jiwerifikajekk I-ghaqda Ikunx tiuodisfa I-hligiet stipulali fl-

artikolu 28 la' dIn I-An, Mela dawn il-l'Itiiiel ik unu twetlqu, il-Kunsill

jirregistrl IiI min japplika bhala ghaqda la' kons umaluri registrala , u

johroi te nirikal 1i11.gbaqcla Ii bih jikkonfenna r-registrazzjoni 11' 1-

imsemmija gbaqda u d-dau. 11' dik ir-regislnuzjoni.

(3) Meta I-KunsiJI jaqtagb.ba li ghaqda ma tissodisfu il-

htigie! aJ!.lr-rejistrazzjoni , dan &handu fi irnicn erbatu· i\ jum mid-dala

tad-detiijoni ticghu jinnotifika b'dan bil-miktub IiI min ;kun Ipplib

filwaqt li jsemmi kifwasal ghal dik id-dea:t:joni.

(4) II- KunsilJ jista' jirrifju ta li jirregislra gI'Iaqda ta'

konsumlturi lahl isem jew lismija li jikkun$idra offensivi jew inkella

mhux mi~tieqa .

(5) Cenifikal mahrug mill-Kunsill 1i jfisser Ii ghaqda la'

konsumaturi panikolari hija gI'Iaqda la' konsumaturi regiSlra ta

ko~formi . mll-htigiel ko!l ha 51ipullli lahl is-5ubartikolu ( 1) la' dan 1_

anlko lu, lkun proya vallda u ko nklusiYI la' dan il-falt ghall-finijict u

effe ni kollha tal-lip.

(6) Ebda drilt ma ghandu jitbaUas dwar ir-re gistraujoni la'

ghaqda ta' konsumaluri mal-Kunsill.

(I) 1be Council shall keep a registcr of all registered

oon.sumer associations, stating their names, dales of registnn ion,

number of members and any other particulan the Council may deem

appropriate.

(2) The registe r shall be open 10 inspection by any person

free o f charge at any time and place as may be delennined by the

Council

Provided that the identity of the members of a registered

consumer associa tion shall 001 be open 10 public scrotiny.

) 1. Every registered consumer association shall keep 11 fully

:.Jpdated record of tbe names, addresses and ide ntity card numbers of its

members.

KuJl gbaqda la' konsumaturi regislrata ghand ha tlomm

deltalji ghat koliox aggomali la' I-ismijiel , indirizzi u numri lal-karti ta'

l-idcntitA tal-membri lagl'lha,

(1) A registered consu mer association shall submit 10 the

Council all such returns and informat io n on its membership and

activi ties as the Council may from time to time require. Without

prej udice to the foregoing, each registered consumer association shall in

every calendar year not later than the end of March lodge wi th the

Co uncil a return of its membe rhip as at the 31st IXce mber of the

previous year.

(2) A registered consumer associalion shall provide the

Council with a copy of any amendments to its Itatule, which copy must

be d uly ce rtified by Ihe person holding the mOSI se nior executive post

wi th the nsooation. Any such amendment must be notified 10 the

Council wilhin fourteen days of its app,uval by the said association.

As soon as practicable after the lapse of each successive

calendar yea r bU I not later than the end of M ay of each year. Ihe Counci l

shall publis h for general information in the Gazelle a lisl of the

registered consumer associations duly registered as o n the 31st

Decembe r of the previ o us year.

Any person who knowingly or reck leuly mak es a fa lse or

misleading Slate ment or declaration or othe rwise Jives any false or

misleading information 10 the Council under any of Ihe provWOfl5 of

Ihis Part shall on conYklion be: liable 10 a fine (mullo) of up 10 one

thousand Maltese liri or 10 a term of imprisonment om needing six

months or 10 bolh sud! fine and imprisonment.

A reJislcred consumer 'ucriadon shall enjoy the rights

benefits, pri vileges and exemptions granted by this Pa rt for so lon g as it

remains 50 regi slered and continues lo comply wilh the req uirements of

this Part.

(I) NQtwithslanding the provisions of any other law, a ER-mpriod .....

registered consume r association and a ny of its officials acting on itS Iilbi~lJ.

behalf shall be cJ"empt from any liability o r responsibility whether civil

or criminal, in respect of aDY publica tion. stateme nt or ot her

commun icatiOn or activity, which is bOllafide a nd is inte nded solely for

the belief informatio n, education or protection of consumers. Such

exe mption shall extend to all persons publishing, printing, recording,

broadcasting o r communicating such information by any means

whatsoeve r.

For the purposes of substttion (I) of this section , a

(2)

publica tion , statement, oommunication o r activity shall be deemed 10

be boflil fide when it is not made or unde naken recklessly or

maliciously, adheres to the principles of fairness and objedivity, and is

not in contraven tion of any rules of practice made in accordance with

paragraph (c) of subsection ( I) of section 7 of th is Act.

(3) Any person alleging bad faith by a registered consumer

association shall have the burde n of proving such all egations.

( I) A registered consumer association may in its own name

make reports o r complain ts to the competent authority on any breach of

Ihis Act, any law administe red by the Director o r any such laws or ... .....,,;.\iono Md

regulations as the Prime Min ister may from tim e to tim e'detennine by ,"' ·"'tionI.

notice published in the Gazelle.

(2) In any prosecution by the compete nt authority made

followin g a report or com plain t unde r subsection (I) of this section, a

representative of the association shall be called to give evide nce o n the

facts known to the association about the complaint o r report and

indicate to tbe Court any e vidence in respect of the charge of which it

may be aware.

(3) In the courseof tbe crimi nal proceedi ngs made as a result

of a report o r complain t by the association, an official a uth orised by the

association fo r this purpose shall be entitled to partici pate and assist in

the prosecution of the said offc nces.

A registered consume r association shall be exempt from the Eac:mptioll ""'"

payment of income tax.

IN ' ... To..

The Ministe r may, acti ng on the advice of the Council, grant ...

to any registe red consume r associations such assistance and facilities as

he may deem fit from time to time in o rder to enable them to exercise

their function s.

(I) The Council may wheneve r it considers it to be <C~_~'IIIIIioIII_

necessa"",

consu .

lt with

. . 1'C";ste

. red consumer associations o n any maller ~Jimred

.}

relating to or ariSing from the supply of goods and services to

consumers.

(2) Th e Cou ncil may also undertake initiatives o r campaigns

jointly with registered consume r associations as it deems fit fro m time to

time.

41 . The Council shall canoel the registration of a registered

consumer association in any of the fo llowing cases where

(a)

a request for cancellation is made by the association;

(b) it is satisfied that the association no longercomplics with

any of the requirements laid down in section 28 of this Act;

(c) for any reason, the statute regulating the association is

not in conformity with the provisions o f this Part;

(d) it is satisfied that the associalion has ceased 10 exist or to

function;

(e) it is satisfied th at sufficient proof exists that the

registration of the associa tion had beeD procured by fraud,

negligence or serious mistake;

the association or anyone act ing on its behalf is convicted

(r)

under section 34 of this Act ; or

(g) the association has repeatedly acted in breach of any

rulcs of practice made under paragraph (c) of subsection (I) of

section 7 of this Act. o r ha s in any matter of gravity acted even once

in breach of such rules.

4:Z. Nothing in thi s Part shall be construed as obstructing o r

limiting the right o f persons to set up associations for th e protection and

promotion of consumer int e rests wit~o~1 qual!fyi~g in te~ o f section

28 of this Act. In such a case an asSOClalion which IS not Tegtstered shall

not have any right to consultation. assistance or recognition from the

Council, or to any other right , privilege or exe mption conferred by this

Pan upon registered consume r associations.

PART V

Miscellaneous

The Di rector sha ll be responsibl e forthe ad min istration of the

We ights and Measures Ordinance. the Trade Descriptions Act and the

Door-to-Door Salesmen AC1.

44_ The Consum er Protecti on Act is hereby repeale d.

45_ The enaC1ments set out in the First Colum n of the Schedul e to

this A ct shall have effect subject 10 the amendments set out in th e

Second Column of the said Schedul e .

A

HlOS

L-AII

gha l1-Protez:zjoni

tal-KonsumalUr

hu wa

b'dan

imhassaT.

I1-ligijiel elen kali fl-Ewwel Kolonn a ta' l-lskeda Ii ti nsab ma'

dan I-All ghan dhom isehhu skond l-emendi li jidhru fit-Tien; Kolonna

la' I-imse mmija Skeda.