Consumer Affairs Act (Cap. 378)

Consumer Affairs Act (Cap. 378), article 43D

Official PDF on legislation.mt

43D. (1) Except where competences are assigned to the Civil Court by this Act, the Council shall be the competent ADR regulatory authority, and in the exercise of such a role the Co uncil shall independently and autonomously perform the following functions: (a) determine whether an enti ty is qualified to act as an ADR entity; (b) monitor and investigate the operations and conduct of ADR entities and of traders; (c) following investigations of ADR entities and, or of traders that indicate prima facie that there are infringements of the law and of their obligations at law, institute judicial proceedings according to Part I I A b e f o r e t h e C i v i l C o u r t , i n s o f a r a s t h i s i s applicable. (2) Unless provided otherwise by the law, the Council in the exercise of its functions under this Part shall regulate its ow n procedure. (3) The Council shall exercise its regulatory functions however so described through its Chairman and, or through one or more o f such public officers and, or public entity or entities as may from t ime to time be authorized by the Council for that purpose: Provided that no such functions shall be exercised by any entity which is or may have been designated to act as residual ADR entity, or else is or was an ADR entity. Application of certain investigative powers provisions of Part XII. Added by: XXX. 2015.5. Substituted by: XVI.2019.18.

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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.