Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 4
4. (1) There shall be established a Council to be designated
"the Consumer Affairs Council" having the functions and duties set
out in this Act. The Council shall consist of a chairman and fi ve
other members, one of whom shall be appointed as deputy
chairman.
(2) The Minister shall appoint:
(a) the chairman and four other members from among
persons who, because of their experience,
qualifications or activities, the Minister considers as
being able to contribute towards the promotion of
consumer interests; and
(b) one member who, because of his experience,
qualifications or activities, the Minister considers as
being able to state the point of view of traders.
(3) One of the members, other than the chairman, mentioned in
sub-article (2)( a) shall be appointed after consultation with those
consumer associations, if any, registered under Part IV of this Act
and the member mentioned in paragraph ( b) of the same sub-article
shall be appointed after consultation with those constituted bo dies
which the Minister considers to r epresent the interests of trad ers.
(4) The appointed members shall hold office for such term, not
being more than three years, as may be specified in their lette r of
appointment and shall be eligible for re-appointment.
(5) Where the seat of any appo inted member is vacated before
the expiration of the term fixed in his letter of appointment, the
Minister shall appoint another person to replace such member fo r
such term, not being a term of more than three years, as the
Minister may determine in his letter of appointment.
(6) The deputy chairman shall act instead of the chairman
whenever the chairman is lawfully impeded or is absent from a
meeting of the Council.
(7) A person shall not be eligible to be appointed a member of
the Council, or to continue to be a member of the Council if su ch
person -
(a) is a member of the Hous e of Representatives; or
6 CAP. 378.] CONSUMER AFF AIRS
(b) is legally incapacitate d or interdicted; or
(c) has been declared bankrupt or has made a composition
with his creditors; or
(d) has been convicted of, or found guilty of -
(i) any crime affecting public trust; or
(ii) theft; or
(iii) fraud; or
(iv) knowingly receiving property ob tained by theft
or fraud; or
Cap. 37.
Cap. 454.
(v) any offence or infringem ent contemplated in this
Act, regulations made thereunder, the Customs
Ordinance and the Metrology Act, or any law
repealed by any of the said Acts or Ordinances
or any law replacing the same.
(8) Notwithstanding any other provision of this article the
Minister may at any time terminate the appointment of an
appointed member, if in his opinion such appointed member is un fit
to continue in office or has b ecome incapable of properly
performing his functions.
(9) The Minister shall appoint an officer serving in the public
service to act as non-voti ng secretary of the Council.
Functions of the
Council.
Substituted by:
VI. 2011.79.
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.