S.L. 378.19 Art. 2Interpretation. Cap. 378. S.L.378.18. S.L.378.18. Cap. 510. Cap. 510. Cap. 510. Cap. 378. Cap. 510.

(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 of the Consumer Alternative Dispute

Resolution (General) Regulations; "ADR officer" means a natural person in charge of the ADR process; "ADR procedure" means a procedure, as referred to in regulation 3 of the Consumer Alternative Dispute Resolution (General) Regulations, which complies with the requirements set out under the aforementioned regulations and is carried out by an ADR entity; "Board" means the Board of Governors established under article 8 of the Malta Competition and Consumer Affairs Authority Act; "CCD" means the Complaints and Conciliation Directorate established under the Fourth Schedule of the Malta Competition and Consumer Affairs Authority Act; "Chairman" means the Chairman of the Board and of the Malta Competition and Consumer Affairs Authority appointed in terms of article 9(1) of the Malta Competition and Consumer Affairs

Authority Act; "conflict of interest" means that situation in which ADR officers have private or personal interests sufficient to influence or appear to influence their independence or impartiality; "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; "Director General (Consumer Affairs)" means the person so appointed by virtue of article 16(2) of the Malta Competition and Consumer Affairs Authority Act; "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; "ODR Platform" means the online dispute resolution platform established under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR); "residual ADR entity" means any such entity as the Minister may, after consultation with the Council, designate to deal with any disputes that consumers may have with traders in relation to which there is no existing ADR entity in place competent to deal with such disputes; "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.