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