S.L. 378.18 Art. 2Interpretation

(1) Any reference in these regulations to the "Act" is a reference to the Consumer Affairs Act, and the provisions of articles 2 and 43A of the said Act shall apply to these regulations provided that the definitions contained in sub-regulation (2) shall in all instances for the purposes of these regulations prevail.

(2) In these regulations, unless the context otherwise requires -"ADR" means alternative dispute resolution; "ADR entity" means any entity, however named or referred to, which is established on a durable basis and offers the resolution of a dispute through an ADR procedure and that is listed in accordance with regulation 20;

"ADR procedure" means a procedure, as referred to in regulation 3, which complies with the requirements set out under these regulations and is carried out by an ADR entity; "Council" means the Consumer Affairs Council established under Part II of the Consumer Affairs Act; "cross-border dispute" means a contractual dispute arising from a sales or services contract where, at the time the consumer orders the goods or services, the consumer is resident in a Member State other than the Member State in which the trader is established; "Civil Court" means the Civil Court (Commercial Section) established by article 3 of the Civil Court (Establishment of Sections) Order;

"domestic dispute" means a contractual dispute arising from a sales or service contract where, at the time the consumer orders the goods or services, the consumer is resident in the same Member State as that in which the trader is established;

*see regulation 1(3) of these Regulations, as originally promulgated. "Directive on consumer ADR" means Directive 2013/11/EU of the European Parliament and of the Council of the 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC;

"European Consumer Centre Malta" or "ECC Malta" means the European Consumer Centre in Malta which operates as part of the European Consumer Centre network of the European Union; and "trader" means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession.

(3) A trader is established:

(a) if the trader is a natural person where he has his place of business; and

(b) if the trader is a company or other legal person or association of natural or legal persons, where it has its statutory seat, central administration or place of business, including a branch, agency or any other establishment.

(4) An ADR entity is established:

(a) if it is operated by a natural person, at the place where it carries out ADR activities; or

(b) if the entity is operated by a legal person or association of natural or legal persons, at the place where that legal person or association of natural or legal persons carries out ADR activities or has its statutory seat; or

(c) if it is operated by an authority or other public body, at the place where the authority or other public body has its seat.