Cap. 378 Art. 16Establishment of tribunals. Cap.12.

(1) There shall be two tribunals to be styled "the

Consumer Claims Tribunal (Malta)" and "the Consumer Claims Tribunal (Gozo)" respectively.

(2) The Consumer Claims Tribunal (Malta) shall, subject to the provisions of sub-article (3), have jurisdiction to hear and determine consumer claims where the transaction to which the claim refers has taken place in Malta, and shall hold its sittings in such place or places in Malta as the Minister may by order in the Gazette determine.

(3) The Consumer Claims Tribunal (Gozo) shall have jurisdiction to hear and determine consumer claims where the transaction to which the claim refers has taken place in the Islands of Gozo or Comino, and shall hold its sittings in such place in the Islands of Gozo and Comino as the Minister, in consultation with the Minister responsible for Gozo Affairs, may by order in the Gazette determine.

(4) For the purposes of sub-articles (2) and (3) a transaction shall be deemed to have taken place:

(a) in the case of a sale or a service which has been concluded or provided on the premises of the trader, in the island where those premises are situate;

(b) in the case of a sale or a service which has been concluded or provided outside the premises of the trader:

(i) where the sale or the service was contracted by telephone, fax, correspondence or by any mechanical or electronic means of comm-unication, and the trader did not himself approach the consumer and offer the sale of the goods or the supply of the service, in the island where the premises of the trader are situate;

(ii) in all other cases in the island where the goods were delivered or the service provided; so however that where the goods were delivered or the service provided partly in the Island of Malta and partly in the Island of Gozo or in the Island of Comino, or has taken place during a voyage between the Island of Malta and the Island of Gozo or the Island of Comino, both tribunals shall have jurisdiction.

(5) Where in accordance with the provisions set out in sub-article (4), or in accordance with any rules made under article 27, it cannot be determined which tribunal has jurisdiction, the provisions of the Code of Organization and Civil Procedure to determine conflict of jurisdiction between the Court of Magistrates (Malta) in its civil jurisdiction and the Court of Magistrates (Gozo) in its inferior civil jurisdiction, shall apply. mutatis mutandis