Cap. 378 Art. 2Interpretation.

In this Act, unless the context otherwise requires -

"ADR" means alternative dispute resolution;

"advertisement" means any form of representation, including a catalogue, a circular and a price list, about a trade, business, craft or profession in order to promote the supply or transfer of goods or services, immovable property, rights or obligations and

"advertising" shall be construed accordingly;

"the Authority" means the Malta Competition and Consumer Affairs Authority as established by article 3 of the Malta Competition and Consumer Affairs Authority Act;

"the Board" means the Board of Governors as established by article 8 of the Malta Competition and Consumer Affairs Authority

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

established by article 3 of the Civil Courts (Establishment of Sections) Order;

"consumer" means -

(i) any individual who in transactions and other matters covered by this Act or any regulations made thereunder, is acting for purposes which are not related to his trade, business, craft or profession; and

(ii) any other individual not being the immediate purchaser or beneficiary, and whether or not a member of the consumer’s household, who having been expressly or tacitly authorised or permitted by the consumer, may have consumed, used or benefited from any goods or services provided to the consumer by a trader acting in the course of a trade, business, craft or profession, including goods or services provided as part of gift schemes and similar or analogous inducements; and

(iii) any other class or category of persons whether natural or legal as may, from time to time, be designated as "consumers" for all or for any of the purposes of this Act by regulations made by the Minister after consulting the Council: Provided that for the purposes of Title I of Part VIII of this Act, the definition of "consumer" shall only consist of paragraph (i) above; "consumer association" means a voluntary body of persons whose principal objective is the promotion of consumer protection or education; "Consumer Protection Co-operation Regulation" means Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004: Provided that for the purposes of the implementation of the Consumer Protection Co-operation Regulation, the definitions contained therein shall apply, without prejudice to the definitions contained in this Article;

"Council" means the Consumer Affairs Council established under Part II of this Act; "the Director General" means the Director General (Consumer Affairs) as appointed by article 16 of the Malta Competition and Consumer Affairs Authority Act; "goods" include any movable property, whether tangible or intangible, that may form the object of trade, including animals and fish of whatever species whether living or dead; "Malta Financial Services Authority" means the Authority established under the Malta Financial Services Authority Act; "Member State" means a State which is a contracting party to the agreement on the European Economic Area signed at Oporto on the 2nd May, 1992 as amended by the Protocol signed at Brussels on the 17th March, 1993 and as amended by any subsequent acts;

"Minister" means the Minister responsible for consumer affairs; "Mortgage Credit Directive" means Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No. 1093/2010, as may be amended from time to time, and includes any implementing measures, implementing technical standards, regulatory technical standards, guidelines and similar measures that have been or may be issued thereunder; "the Office" means the Office for Consumer Affairs as established under article 16(1) of the Malta Competition and

Consumer Affairs Authority Act;

"ordinary court" for the purposes of Part III of this Act includes the Small Claims Tribunal established under the Small Claims

Tribunal Act;

"permanent resident" means a person in whose favour a permit of residence has been issued in accordance with article 7 of the Immigration Act;

"premises" means any place from where any trade or business is carried out including any stall or vehicle;

"public authority" shall have the same meaning assigned to it in article 2 of the Malta Competition and Consumer Affairs Authority Act; "qualified entity" means -

(a) a registered consumer association; or

(b) a voluntary organisation in Malta as the Minister may, after consulting the Council, designate by notice in the Gazette; "registered consumer association" means a consumer association registered in accordance with Part IV of this Act; "sales contract" means any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services; "services" includes the provision, in the course of or in furtherance of a trade, business, craft or profession, of any kind of educational, professional or instruction courses, facilities for entertainment, amusement, recreation, sports and cultural activities, beauty, health and nutrition-related programmes, hospital and nursing services, accommodation and analogous facilities, of any description, and the performance, in furtherance of a trade, business, craft or profession of any other type of work or action in return for a fee or reward;

"services contract" means any contract other than a sales contract under which the trader supplies or undertakes to supply a service to the consumer and the consumer pays or undertakes to pay the price thereof; "trader" means -

(i) any person, including any body corporate or incorporate who in relation to any transactions or other matters covered by this Act or regulations made thereunder is acting for purposes relating to his trade, business, craft or profession;

(ii) any public body, whether corporate or unincorporate, which provides goods or services to consumers for a fee;

(iii) any person to whom article 4 of the Commercial Code applies:

Provided that the Minister after consulting the Council may from time to time by Order published in the Gazette, designate as a "trader" for all or any purposes of this Act, any category or class of persons and any body corporate or incorporate whether established by law or not. Any Order made by the Minister as aforesaid may by like Order be amended, substituted or revoked; "terms" includes any condition or requirements in any contract, notice, guarantee or other statement, whether these are given verbally or in writing; "Tribunal" means a Consumer Claims Tribunal set up under Part III of this Act.