Legislation

Consumer Affairs Act (Cap. 378)

legislation.mt (official source) · last checked 2026-10-09 · 157 articles

Search

• Art. 2In this Act, unless the co ntext otherwise requires - "ADR" means alternativ e dispute resolution; "advertisem
• Art. 3T h e D i r e c t o r G e n e r a l s h a l l b e r e s p o n s i b l e f o r t h e administration of this Act
• Art. 4(1) There shall be established a Council to be designated "the Consumer Affairs Council" having the functions
• Art. 5It shall be the func tion of the Council: (a) to advise the Minister on measures for the promotion and protect
• Art. 6(1) Subject to the provisions of this Act, the Council shall regulate its own procedure. (2) The Council shall
• Art. 7(1) The Minister may, after consulting the Council, make regulations about any matter relating to consumer aff
• Art. 7AThe Director General may from time to time, after consultation with the Consumer Affairs Council, issue guidel
• Art. 8(1) The Director General may make or issue a public statement identifying and giving warnings or information a
• Art. 9(1) Without prejudice to any arrangements made in terms of article 9A, a trader shall not, without the written
• Art. 9A(1) In promoting good trading practices, the Director General shall, with the approval of the Board, make arra
• Art. 10(1) Where an offence or an infringement under this Act or any regulation made thereunder is committed by an em
• Art. 11(1) A person who is or was at any time a member of the Council shall not, save in the course of his duty or fu
• Art. 12(1) Saving the provisions of article 17(1)(f) of the Malta Competition and Consumer Affairs Authority Act, to
• Art. 12A(1) At any stage of an inves tigation initiated according to article 12, or any stag e of judicial proceedings
• Art. 12B(1) Without prejudice to article 12, a qualified entity may also make a complaint to the Director General that
• Art. 12C(1) The sworn application referred to in article 12(5) shall: (a) provide the facts that have brought the Dire
• Art. 12DIn judicial proceedings, instituted by the Director General following investigations of commercial practices a
• Art. 12E(1) In cases of urgency due to the risk of immediate and serious harm to the collective in terests of consumer
• Art. 12FWhere the Civil Court delivers a judgement finding an infringement of this Act or of any regulations made ther
• Art. 12G(1) Without prejudice to the provisions of article 106A and of sub-article (8), whether or not at the request
• Art. 12H(1) Proceedings before the Civil Court shall be held in public with due regard to the protection of confidenti
• Art. 12IThe Director General and, or any party to the proceedings before the Court, who feels aggrieved by the judgmen
• Art. 13(1) When investigations in terms of article 12 relate to an offence under this Act or any re gulations made th
• Art. 14(1) Upon the request even verbal of the aggrieved consumer or of the prosecuting of ficer on his behalf, the c
• Art. 14AWhere the court finds that a person has committed an offence under this Act or under any regulations made ther
• Art. 14BDeleted by XVI.2019 .16. CONSUMER AFF AIRS [CAP. 378. 27 Prime Minister may extend operation of articles 10, 1
• Art. 16(1) There shall be two tribunals to be styled "the Consumer Claims Tribunal (Malta)" and "the Consumer Claims
• Art. 17(1) Each tribunal shall be presided by an arbiter sitting alone: Provided that more than one arbiter may be ap
• Art. 18An arbiter shall abstain and may be challenged in the same circumstances as a judge of the superior courts. Oa
• Art. 19Every person appointed as an arbiter shall not assume the functions of his office unless a nd until he has tak
• Art. 20(1) A tribunal shall have jurisdiction to hear and determine claims made by consumers against traders where th
• Art. 21(1) A tribunal shall determine the issues in dispute in any claim or counter-claim before it according to the
• Art. 22(1) An appeal made under sub-articles (2) and (3) shall lie from a decision of a tribunal by means of an appli
• Art. 23(1) Subject to the provisions of any rules made in accordance with article 27 and to the provisions of sub-art
• Art. 24(1) The provisions of this Part shall apply to claims arising from sales made or services provided after the c
• Art. 25(1) In any award the arbiter sh all determine the costs that any of the parties is to pay t o the other and un
• Art. 25AThe Director General shall mon itor closely the decisions of the Tribunal to identify traders whose conduct on
• Art. 26(1) There shall be a registry for each tribunal. (2) The records of each tribunal shall be accessible to all p
• Art. 28A registered consumer association is a consumer association which satisfies the Council that it complies with
• Art. 29(1) Any consumer association wi shing to be recognised as a registered consumer association shall submit to th
• Art. 30(1) The Council shall keep a register of all registered consumer associations, stating th eir names, dates of
• Art. 31Every registered consumer a ssociation shall keep a fully updated record of the names, addresses and the legal
• Art. 32(1) A registered consumer association shall submit to the Council all such returns and information on its memb
• Art. 33As soon as practicable after the lapse of each successive calendar year but not later than the end of May of e
• Art. 34Any person who knowingly or recklessly makes a false or misleading statement or declaration or otherwise gives
• Art. 35A registered consumer association shall enjoy the rights, benefits, privileges and exemptions granted by this
• Art. 36(1) Notwithstanding the provisions of any other law, a registered consumer association and any of its official
• Art. 37(1) A registered consumer association may in its own name make reports or complaints to the competent authorit
• Art. 38A registered consumer association shall be exempt from the payment of income tax. CONSUMER AFF AIRS [CAP. 378.
• Art. 39The Council may grant to any registered consumer associations such assistance and facilities as he may deem fi
• Art. 40(1) The Council may whenever it considers it to be necessary, consult with registered consumer associations on
• Art. 41The Council shall cancel the registration of a registered consumer association in any o f the following cases
• Art. 42Nothing in this Part shall be construed as obstructing or limiting the right of persons to set up associations
• Art. 43(1) The principles stated in sub-article (2) shall not be directly enforceable in any cour t or tribunal, but
• Art. 43AIn this Part unless the co ntext otherwise requires: "this Part" includes any regulat ions made under this Par
• Art. 43BConsumers shall have the right to have access to ADR procedures with regard to disput es that they may have wi
• Art. 43C(1) The entity listed in the Third Schedule to this Act shall perform the function of a residual ADR entity. T
• Art. 43D(1) Except where competences are assigned to the Civil Court by this Act, the Council shall be the competent A
• Art. 43EThe provisions of articles 102, 103, 104 and 105, in so far as they relate to the exercise of the powers of in
• Art. 43FWith regard to the functions of the Council established in article 43D(1)(c) the institution of judicial proce
• Art. 44(1) It shall be unlawful in consumer contracts to use unfair terms, or terms or combination o f terms which ar
• Art. 45(1) An unfair term means any te rm in a consumer contract, which on its own or in conjuncti on with one or mor
• Art. 46A consumer contract that includes a prohibited or unfair term shall not be binding on the consumer unless the
• Art. 47(1) In any consumer contract , where all or some terms offered by a trader to a consumer are in writing, these
• Art. 47AThe provisions of this Part shall apply notwithstanding any term in a consumer contract which applies or purpo
• Art. 47BThe provisions of this Part shall prevail over anything to the contrary contained in the Civil Code and the Co
• Art. 47CThe purpose of this Part is to implement the provisions of Council Directive 93/13/EEC of 5 April 1993 on unfa
• Art. 51(Deleted by II. 2008.27 ). Interpretation. Added by: II. 2008.28. Amended by: VI. 2014.4.; XIII.2022.5.
• Art. 51AIn this Title, unless the co ntext otherwise requires: "administrative provision" means any provision in a mea
• Art. 51B(1) Unfair commercial practices shall be prohibited. (2) A commercial practice shall be unfair if: (a) it is c
• Art. 51CA commercial practice shall be regarded as misleading if: (a) it contains false information; or (b) in any way
• Art. 51D(1) A commercial practice shall be regarded as misleading if: (a) in its factual context, takin g account of a
• Art. 51E(1) A commercial practice shall be regarded as aggressive if, in its factual cont ext, taking account of all i
• Art. 51FA person who engages in an unfair commercial practice in terms of articles 51B, 51C, 51D and 51E, shall be gui
• Art. 51HThe provisions of this Title shall not apply to any other law relating to the certification and indication of
• Art. 51IThe provisions of this Title shall be without prejudice to: (a) any provision under the laws of Malta regulati
• Art. 51JThe purpose of this Title is to implement Directive 2005/ 29/EC of the European Parliament and of the Council
• Art. 52A(Deleted by VI. 2014.6 ). CONSUMER AFF AIRS [CAP. 378. 51 Misleading representations about certain schemes or
• Art. 54(Deleted by II. 2008.33 ). Applicability over other laws. Added by: XXVI. 2000.15. Amended by: II. 2008.34; VI
• Art. 55The provisions in this Part shall prevail over anything to the contrary contained in the Commercial Code . Tra
• Art. 55A(1) The provisions of articles 4 8 to 53, as they were prior to the 12th December, 2007 shall be deemed to hav
• Art. 56In this Part, unless the co ntext otherwise requires: "personal injury" includes any di sease and any impairme
• Art. 57The producer shall be liable for the damage caused wholly or partly by a defect in his product. Proof of damag
• Art. 58The injured party shall only have the onus of proving the damage, the defect and the causal relationship betwe
• Art. 59(1) The supplier of the product shall be treated as the producer if - (a) the producer cannot be identi fied a
• Art. 60(1) A product is defective if it fails to provide the safety which a person is entitled to expect, taking all
• Art. 61Damages that may be recove red under this Part are: (a) damages caused by death or by personal injury, or (b)
• Art. 62The producer shall not be liable under this Part if he proves - (a) that he did not put the product into circu
• Art. 63The court may, notwithstanding any provisions of the Code of Organization and Civil Procedure , order that the
• Art. 64Where under this Part, two or more persons are liable for the same damage, they shall be liable jointly and se
• Art. 65Article 1051 of the Civil Code shall apply in determining the liability of the producer where the damage is ca
• Art. 66The liability of the producer shall not be reduced when the damage is caused both by a defect in the product a
• Art. 67(1) The action for damages under this Part shall be barred by the lapse of three years commencing from the day
• Art. 68The liability of a producer under this Part may not be limited or excluded whether by any term of contract, by
• Art. 69The provisions under this Part shall not exclude or limit any rights or remedies available to the injured pers
• Art. 70The provisions under this Part shall not apply to injury or damage arising from nuclear accidents which are go
• Art. 71This part shall apply to products which are put into circulation in any Member State as from 1st May, 2004. Pu
• Art. 71AThe purpose of this Part is to implement the provisions of Council Directive 85/374/EEC of 25 July 1985 on the
• Art. 72(1) In this Part unless the context otherwise requires: "consumer" means any natural person who, in relation t
• Art. 73(1) Sellers shall deliver goods to the consumer that conform with the sales contract, which goods shall, in pa
• Art. 73AWhere a restriction resulting from a violation of any right of a third party, in particular intellectual prope
• Art. 74(1) In the event of a lack of conformity, the consumer shall be entitled to have the goods brought into confor
• Art. 75(1) In order to have the goods brought into conformity, the consumer may choose between repair and replacement
• Art. 76(1) The reduction of price shall be proportionate to the decrease in the value of the goods which were receive
• Art. 77Where the seller is liable to the consumer because of a lack of conformity resulting from an act or omission,
• Art. 78(1) The seller shall be liable to the consumer for any lack of conformity which exists at the time when the go
• Art. 78A(1) The consumer shall exercise the right to terminate the sales contract by means of a statement to the selle
• Art. 79In order to benefit from the remedies available under this Part, a consumer shall notify the seller on a durab
• Art. 80(1) Any lack of conformity which becomes apparent within one year of the time when the goods were delivered sh
• Art. 81Unless otherwise provided for in this Part, any contractual agreement which, to the detriment of the consumer,
• Art. 82A commercial guarantee is an additional guarantee which places the beneficiary of such a guarantee in a more a
• Art. 83(1) A commercial guarantee statement shall be provided to the consumer on a durable medium at the latest at th
• Art. 84Where a seller or any other person gives a commercial guarantee to a consumer, irrespective of when or how it
• Art. 85A commercial guarantee and any rights granted to a consumer under the guarantee shall not in any way, whether
• Art. 86A guarantor may not, when performing or executing a commercial guarantee, request a consumer to pay any fee or
• Art. 87The guarantor shall assume the cost of any carriage incurred in respect of the performance of a commercial gua
• Art. 88The duration of a commercial guarantee shall be automatically extended for a period equal to the time during w
• Art. 89The designation by the guarantor of a third person to execute a commercial guarantee does not free the guarant
• Art. 90Any commercial guarantee shall be binding on the guarantor under the conditions laid down in the commercial gu
• Art. 91(1) Without prejudice to any other remedies at law, a consumer may institute civil pro ceedings against a guar
• Art. 92The provisions of this Part where they are more favourable to the consumer, shall prevail over the provisions
• Art. 93If the goods being the object of a sales contract to a consumer are of a nature that may require maintenance,
• Art. 93ADeleted by: -Act I.2022.19. Purpose of this Part. Added by: II. 2008.40. Substituted by: I.2022.20.
• Art. 93BThe purpose of this Part is to implement the provisions of Directive (EU) 2019/771 of the European Parliament
• Art. 93CContracts concluded before the 1 January 2022 shall be regulated by the provisions of this Part as in force pr
• Art. 94Deleted by XVI.2019. 21. Discretion of Director General to issue a compliance order. Added by: XXVI. 2000.15.
• Art. 96Deleted by XVI.2019. 21. Application for revocation of a compliance order. Added by: XXVI. 2000.15. Amended by
• Art. 97Deleted by XVI.2019. 21. Cases to be heard and determined with urgency. Added by: XXVI. 2000.15. Substituted b
• Art. 98Deleted by XVI.2019. 21. No need to prove actual loss, etc. Added by: XXVI. 2000.15. Amended by: VI. 2011.75.
• Art. 99Deleted by XVI.2019. 21. Director General to seek voluntary compliance. Added by: XXVI. 2000.15. Amended by: V
• Art. 100Deleted by XVI.2019. 21. Director General may require publication. Added by: XXVI. 2000.15. Substituted by: II
• Art. 101Deleted by XVI.2019. 21. Added by: XXVI. 2000.15. Amended by: II. 2008.25. Substituted by: XVI.2019.22. PART X
• Art. 102(1) The Director General may in writing authorise a public officer, or with the consent of the Minister, any o
• Art. 103(1)For the purpose of discharging his functions under this Act, without prejudice to the provisions of the Pro
• Art. 104(1) The Director General may, for the purpose of discharging his functions under this Act, require any natural
• Art. 104A(1) Notwithstanding anything contained in this Act, the Director General may, in order to carry out his functi
• Art. 105Any person who - (a) wilfully obstructs, assaults, threatens, resists or interferes with the Director General
• Art. 106A person found guilty of an offence against this Act or of any regulation made thereunder shall, unless a diff
• Art. 106A(1) The Civil Court shall impose a penalty upon any person who is found to have infringed a provision of this
• Art. 107Deleted by XVI.2019. 21. Order by the Director General. Added by: II. 2008.50. Amended by: VI. 2011.75.
• Art. 107ADeleted by XVI.2019. 21. Refund of monies paid. Added by: II. 2008.50. Amended by: VI. 2014.8.
• Art. 107BRepealed by Act XVII.2023. 33. CONSUMER AFF AIRS [CAP. 378. 71 Prescription for offences and administrative in
• Art. 108Deleted by XVI.2019. 21. Exemption from liability. Added by: XXVI. 2000.15. Amended by: II. 2008.52. Substitut
• Art. 109Deleted by XVI.2019. 21. Service of orders or notices under this Act. Added by: XXVI. 2000.15. Amended by: II.
• Art. 110A(Deleted by Act VI.2011.110 ) Appeal from decisions or orders other than the imposition of an administrative f
• Art. 110BDeleted by XVI.2019. 21. Appeals against an administrative fine imposed by the Director General. Added by: II.
• Art. 110CDeleted by XVI.2019. 21. Decisions of the Appeals Tribunal. Added by: II. 2008.54. Amended by: VI. 2011.113.
• Art. 110DDeleted by XVI.2019. 21. Procedure of the Appeals Tribunal. Added by: II. 2008.54. Amended by: VI. 2011.75, 11
• Art. 110EDeleted by XVI.2019. 21. Appeal to the Court of Appeal. Added by: II. 2008.54. Amended by: VI. 2011.75, 115.
• Art. 110FDeleted by XVI.2019. 21. 72 CAP. 378.] CONSUMER AFF AIRS Status of decision, order or measure pending an appea
• Art. 110GDeleted by XVI.2019. 21. Notification and publication of decisions. Added by: VI. 2011.118. Cap. 510.
• Art. 110HDeleted by XVI.2019. 21. Amended by: XXVI. 2000.14. II. 2008.25; VI. 2011.118. Deleted by: VI. 2014.9. PART XI
• Art. 111The Prime Minister may, by order in the Gazette, direct that the provisions of articles 10, 12, 12A and Parts
• Art. 112Participants, other than tho s e w h o e s t a b l i s h , o p e r a t e o r promote a pyramid promotional sch
• Art. 113No action shall lie against the Director General, or any of his officers or any authorised person acting under
• Art. 114The institution of judicial pro ceedings and the prosecution of an offence under this Act or any r egulations
• Art. 115No precautionary warrant or ot her order under any other law shall be issued by any court or tribunal restrain

Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.