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ACT No. VI of 2014 AN ACT to amend the Consumer Affairs Act, Cap. 378, and to repeal the Trade Descriptions Act, Cap. 313.
Table of Provisions (14)
Statutory Text (14 Articles)
I assent.
G EORGE A BELA
(L.S.)
President
25th March, 2014
ACT No. VI of 2014
AN ACT to amend the Consumer Affairs Act, Cap. 378, and to
repeal the Trade Descriptions Act, Cap. 313.
BE IT ENACTED by the President, by and with the advice and
consent of the House of Representatives in this present Parliament
assembled, and by the authority of the same as follows:-
(1) The short title of this Act is the Consumer Affairs
(Amendment) Act, 2014, and this Act shall be read and construed as
one with the Consumer Affairs Act, hereinafter referred to as "the
principal Act".
(2) The provisions of this Act shall come into force on such
date as the Minister may establish by notice in the Gazette, and
different dates may be established for different provisions and for
different parts of the provisions of this Act.
Article 4(7)(d)(v) of the principal Act shall be amended as
follows
(a)
in the marginal note thereto the words "Cap. 313"
and "Cap. 317" shall be deleted; and
(b) the words "the Trade Descriptions Act" and "the
Doorstep Contracts Act" shall be deleted.
In article 12(1) of the principal Act the words "or with the
provisions of the Doorstep Contracts Act" shall be deleted.
In article 51A of the principal Act, immediately before the Amendment of
definition "transactional decision", there shall be added the following article
the principal
new definition
Act.
" "trader" means any natural person or any legal person
who, in commercial practices covered by this Title, is acting for
purposes relating to his trade, business, craft or profession and
includes anyone acting in the name or on behalf of a trader;".
In subarticle (4) of article 51D of the principal Act, for the Amendment of
words "established by law" there shall be substituted the words article
the principal
"established by European Union law".
Act.
Articles 52A and 53 of the principal Act shall be deleted.
Deletion of
articles 52A and
53 of the
principal Act.
In article 55 of the principal Act for the words "in the Amendment of
Commercial Code and the Trade Descriptions Act." there shall be article
principal Act.
substituted the words "in the Commercial Code.".
In article 107B of the principal Act the words "a chain Amendment of
article 107B of
letter scheme in terms of article 52A and" shall be deleted.
the principal
Act.
Part XII of the principal Act shall be deleted.
Deletion of Part
XII of the
principal Act.
The First Schedule to the principal Act shall be amended as Amendment of
the First
follows
Schedule to the
principal Act.
(a)
in paragraph 25 thereof the words "This is without
prejudice to article 5A of the Doorstep Contracts Act (Cap.
317)." shall be deleted;
(b) in paragraph 26 thereof the words "regulations 8
and 9 of the Distance Selling Regulations (S.L.378.08) and the
Data Protection Act (Cap. 440)" shall be substituted by the
words "the Data Protection Act (Cap. 440)".
Paragraph 2 of the Second Schedule to the principal Act Amendment of
the Second
shall be amended as follows
Schedule to the
principal Act.
(a)
in the heading thereof, for the words "articles 51F,
52A and 53" there shall be substituted the words "article 51F";
and
(b) for the words "under articles 51F, 52A and 53" there
shall be substituted the words "under article 51F".
(1)
The Trade Descriptions Act is hereby repealed.
(2) Notwithstanding the provisions of sub-article (1), the
Trade Descriptions Act shall remain in force for the purpose of any
proceedings taken in respect of any breach of the said Act at the time
prior to the coming into force of this article.
(1)
The Doorstep Contracts Act is hereby repealed.
(2) Notwithstanding the provisions of sub-article (1), the
Doorstep Contracts Act shall remain in force for the purpose of any
proceedings taken in respect of any breach of the said Act at the time
prior to the coming into force of this article.
Passed by the House of Representatives at Sitting No. 130 of the
17th March, 2014.
A NĠLU F ARRUGIA
Speaker
R AYMOND S CICLUNA
Clerk to the House of Representatives