Consumer Alternative Dispute Resolution (Residual ADR) (adr)

L.N. 215 of 2021

CONSUMER AFFAIRS ACT

(CAP. 378)

Consumer Alternative Dispute Resolution (Residual ADR)

(Amendment) Regulations, 2021

IN EXERCISE of the powers conferred by article 7 of the

Consumer Affairs Act, the Minister responsible for Tourism and

Consumer Protection, after consulting the Minister responsible for

Finance and the Consumer Affairs Council, has made the following

regulations

The title of these regulations is the Consumer Alternative Title.

Dispute Resolution (Residual ADR) (Amendment) Regulations,

2021, and these regulations shall be read and construed as one with

the Consumer Alternative Dispute Resolution (Residual ADR) S.L. 378.19.

Regulations, hereinafter referred to as "the principal regulations".

Regulation 7 of the principal regulations shall be amended Amends

regulation 7 of

as follows

the principal

regulations.

(a) sub-regulation (1) thereof shall be substituted by the

following

"(1)

The ADR officers in charge of the ADR process

shall be appointed by the Minister. A person shall not be

qualified to be appointed as ADR Officer unless he holds the

warrant and has practised as an advocate in Malta for a period or

periods amounting in the aggregate to not less than five years.";

(b) immediately after sub-regulation (1) thereof, there shall be

added the following new sub-regulation

"(1A) A person shall be disqualified to be appointed ADR

officer if such person –

(a)

is a member of the House of Representatives;

or

(b)

is a member of a Local Council; or

(c)

is a trader; or

(d)

is an undischarged bankrupt; or

(e) has been sentenced by any court to

imprisonment for any term or has been found guilty by any

court of any of the crimes in Titles III, V or VI of Part II of

Book First of the Criminal Code.";

(c) sub-regulation (2) thereof shall be substituted by the

following

"(2)

The ADR officers shall receive such remuneration

as the Minister may by notice in the Gazette determine; and

such remuneration shall be a charge on the Consolidated Fund;

such remuneration shall not during the tenure of office of an

ADR officer be altered to his disadvantage.";

(d) immediately after sub-regulation (2) thereof, there shall be

added the following new sub-regulations

"(2A) During the term of their appointment, ADR officers

shall be precluded from the exercise of their profession in any

ADR process whether residual or otherwise.

(2B) The ADR officers shall be appointed for a term of

three years and shall be eligible to be re-appointed, for a further

term or terms of three years each.

(2C) Every person appointed as an ADR officer shall not

assume the duties of his office unless and until he has taken

before the State Advocate an oath to exercise his functions in

the ADR processes for which he is in charge, without delay, and

with impartiality and equity according to law."; and

(e) sub-regulation (3) thereof shall be substituted by the

following

"(3) In the exercise of his functions under this

regulation, an ADR officer shall not be subject to the

control or direction or instructions of either party or their

representative or of any other person or authority, and may

not be removed from office except by the Court of Appeal

on an application for that purpose by the Minister on the

grounds of misbehaviour or inability to perform his

functions by reason of infirmity of body or mind.".

€0.18