ESTABLISHMENT OF SANCTIONS AND PENALTIES REGULATIONS

ESTABLISHMENT OF SANCTIONS AND PENALTIES

SUBSIDIARY LEGISLATION 500.02

ESTABLISHMENT OF SANCTIONS

AND PENALTIES REGULATIONS

26th November, 2010

LEGAL NOTICE 496 of 2010, as amended by Act XVI of 2019.

The title of these regulations is the Establishment of

Sanctions and Penalties Regulations.

(1)

For the purpose of these regulations

"the Act" means the Services (Internal Market) Act;

"the body responsible for consumer protection" means the

Director of Consumer Affairs designated as such in terms of article

3(1) of the Consumer Affairs Act;

"Civil Court" means the Civil Court (Commercial Section)

established by article 3 of the Civil Court (Establishment of Sections)

Order;

"offender" means the provider who discriminates against

recipients or potential recipients of a service in terms of article 9(a)

of the Act or who does not comply with the obligations under

article 10(1) of the Act.

(2) Words, terms and expressions used in these regulations and

which are also used in the Act, shall have, unless the context

otherwise requires, the same meaning as in the Act.

In the carrying out of its functions under article 10(2) of the

Act and under regulation 7 of the Designation of Various Entities

Regulations, the body responsible for consumer protection shall, as it

deems fit and as far as applicable, with regard to investigations,

judicial proceedings and requests for the imposition of penalties,

follow the procedure established in articles 12 and 12A of the

Consumer Affairs Act and in Parts IIA, IIB, XII and XIIA of the

Consumer Affairs Act

Provided that subject to the provisions of the Consumer

Affairs Act, the Civil Court shall impose penalties of not less than four

hundred seventy euro (€470) and not more than forty-seven thousand

euro (€47,000) on any person who fails to comply with any of the

provisions of these regulations.

Any person who feels aggrieved by a judgement, order,

penalty or measure issued by the Civil Court, may appeal before the

Court of Appeal, on any point of law and, or of fact, by means of an

application filed in the registry of the Court of Appeal within twenty

days from the date of the judgment of the Civil Court

Provided that the Court of Appeal shall appoint the case for

ESTABLISHMENT OF SANCTIONS AND PENALTIES

hearing by not later than six months from the judgement of the Civil

Court.