Chapter 510

(1); "Civil Court" means the Civil Court (Commercial Section) established by article 3 of the Civil Court (Establishment of Sections) Order. "concentration" shall have the same meaning assigned to it in regulation 2(d) of the Control of Concentrations Regulations; "conflict of interest" means that situation in which members of the Board, officers and employees of the Authority and advisors, consultants and other persons engaged with the Authority have private or personal interests sufficient to influence or appear to influence the objective exercise of their official duties; *See Legal Notice 270 of 2021. †See Legal Notice 338 of 2021. ‡See Legal Notice 339 of 2021. §See sub-article

(2)of article 1 as originally promulgated, and Legal Notice 190 of 2011. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT "conformity mark" means a mark, issued in accordance with regulations made under article 24, showing compliance with an applicable standard; "consumer association" or "registered consumer association" m e a n s a n a s s o c i a t i on r e g i s t e r e d i n t e r m s o f P a r t I V o f t h e Consumer Affairs Act; "Consumer Protection Co-operation Regulation" means Regulation (EC) No. 2006/2004 of the European Parliament and of the Council of 27 October 2004 on co-operation between national authorities responsible for the enforcement of consumer protection laws (text with EEA relevance); "Co-ordination Committee" means the committee established by article 5; "Council" means the Consumer Affairs Council as established under article 4 of the Consumer Affairs Act; "Director General (Competition)" means the person so appointed by virtue of article 13

(2); "Director General (Consumer Affairs)" means the person so appointed by virtue of article 16

(2); "Director General (Standards and Metrology)" means the person so appointed by virtue of article 21

(2); "Director General (Technical Regulations)" means the person so appointed by virtue of article 19

(2); "draft standard" means a document containing the text of the technical specifications concerning a given subject, which is being considered for adoption and as circulated for public comment or scrutiny; " e n t i t i e s " m e a n s t h e O ff i c e f o r C o m p e t i t i o n , O ff i c e f o r Consumer Affairs, Technical Regu lati ons Div ision and th e Standards and Metrology Institute, and "entity" shall be construed accordingly as the context requires; "European standardization body" means the following bodies: - CEN - European Committee for Standardization; - CENELEC - European Committee for Electrotechnical Standardization; - ETSI - European Telecommunications Standards Institute; "financial year" means any period of twelve months ending on the 31st December; provided that the first financial year shall start on the coming into force of this Act and shall end on the 31st December of the following year; "Gazette" means the Government Gazette; "Minister" means the Minister responsible for competition, consumer affairs, standardization, metrology and technical regulations; "Ministry " means the Ministry responsible for competition, MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT consumer affairs, standardization, metrology and technical regulations; "national competent authority" for the purposes of article 17

(1)(

1. o)shall have the same meaning assigned to "competent authority" in article 3(
2. c)of the Consumer Protection Co-operation Regulation; "officer" and "employee" includes a public officer detailed for duty in any of the entities established under this Act; "Permanent Secretary" means the person appointed to supervise the Authority in terms of the Public Administration Act; "permit" means an authorisation granted by the Standards and Metrology Institute under article 24 for the use of a conformity mark; "person" includes individuals, any body corporate and any body of persons whether it has a distinct legal personality or not; "prescribed" means prescribed under this Act unless otherwise stated; "Principal Permanent Secretary" means the person appointed in terms of article 14 of the Public Administration Act; "product" means any industrially manufactured product and any agricultural product, including fish products; "public authority" means: (
3. i)the Government, including any Ministry or Department thereof; (
4. ii)a government agency established in terms of the Public Administration Act; and (iii) a government entity as defined in the Public Administration Act; "public officer" shall have the same meaning as assigned to it in article 124 of the Constitution of Malta but does not include a judge of the superior courts or a magistrate of the inferior courts; "restrictive practice" shall have the same meaning as assigned to it in article 2 of the Competition Act; "single liaison office" shall have the same meaning as assigned to "single liaison office" in article 3(
5. d)of the Consumer Protection Co-operation Regulation; "standard" means a technical specification approved by a recognised standardization body for repeated or continuous application, with which compliance is not compulsory, whether or not including other requirements, and which is one of the following: - International Standard: a standard adopted by an international standardization organisation, other than a European standardization body, and made available to the public; - European Standard: a standard adopted by a European MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT standardization body and made available to the public; - National Standard: a standard adopted Authority and made available to the public; by the "standards programme" means a work programme listing the subjects on which standardization work is being carried out; "technical specification" means a specification contained in a document which lays down the characteristics required of a product and, or, service such as levels of quality, performance, safety or dimensions, including the requirements applicable to the product and, or, service as regards the name under which the product and, or, service is sold, terminology, symbols, testing and test methods, packaging, marking or labelling used and the conformity assessment procedures. This term also covers production methods and processes used in respect of agricultural products, products intended for human and animal consumption, and medicinal products, as well as production methods and processes relating to other products, where these have an effect on their characteristics. For the purposes of this definition, "conformity assessment procedures" means any procedure used, directly and indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled, including, inter alia, procedures for sampling, testing and inspection; evaluation, verification and assurance of conformity, registration, accreditation and approval as well as their combinations; "TFEU" means the Treaty on the Functioning of the European Union; "trader" shall have the same meaning as assigned to it in article 2 of the Consumer Affairs Act; and "undertaking" shall have the same meaning as assigned to it in article 2 of the Competition Act. PART II ESTABLISHMENT, FUNCTIONS AND CONDUCT OF AFFAIRS OF THE AUTHORITY 3.

(1)There shall be a body to be known as the Malta Competition and Consumer Affairs Authority.

(2)The Authority shall be a body corporate having a separate and distinct legal personality and may, in pursuance of its functions enter into contracts, acquire, hold or dispose of real and personal property, sue and be sued and do all such things as are incidental or conducive to the fulfilment of its functions, including the lending and borrowing of money.

(3)(

1. a)The legal and judicial representation of the Authority shall be vested in the Chairman: Provided that the Board may appoint any one or more of the Authority’s officers or employees to appear in the name and on behalf of the Authority in any proceedings and in any act, contract, instrument or other document whatsoever, or in the case of a vacancy Establishment of the Authority. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT in the post of Chairman: Provided further that in matters relating exclusively to the responsibilities of an entity forming part of the Authority as established in Parts IV to VII of this Act, the legal and judicial representation of the Authority in those matters shall vest in the Director General heading the entity. (
2. b)Any document purporting to be an instrument made or issued by the Authority and signed by the Chairman or by the Directors General in relation to any matter delegated to them on behalf of the Authority shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Authority. Organs of the Authority.

(4)The main organs of the Authority are the Board of Governors, the Co-ordination Committee and the four respective entities.

(5)Where in this Act anything is to be done by or against or with respect to the Authority, or any notice is to be or may be given to or by the Authority, any such thing or notice may also be done by or against or with respect to or be given to or by the entity under whose jurisdiction the matter falls; and for the purposes aforesaid any reference in this Act to the Authority includes a reference to the appropriate entity.

(6)The Authority shall assume the persona previously vested in the Office for Fair Competition, Department of Consumer Affairs, the Malta Standards Authority and the Malta National Laboratory Company Limited and, from the entry into force of this Act, shall assume responsibility for all assets, liabilities and obligations previously entered into by the said Office, Department, Authority and Company or by other bodies on their behalf. Functions of the Authority. 4.

(1)The Authority shall have as its purpose the attainment and maintenance of well-functioning markets for the benefit of consumers and economic operators.

(2)The functions of the Authority shall be the following: (

1. a)to promote and enhance competition; (
2. b)to safeguard consumers’ interests and enhance their welfare; (
3. c)to promote voluntary standards standardization related services; and provide (
4. d)to promote the national metrology strategy; (
5. e)to promote the smooth transposition and adoption of technical regulations; and (
6. f)Establishment of the Co-ordination Committee. to perform such other function that may be assigned to it under this or any other law or regulations. 5.

(1)There shall be established a Co-ordination Committee, composed of the Chairman and the Directors General of the four MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT respective entities.

(2)The Co-ordination Committee shall be responsible for coordinating the implementation of the policies of the Authority established by the Board and shall act as the point of contact and the principal channel of communication and co-ordination between the Board of Governors and the entities. The Co-ordination Committee shall also have such other duties as may from time to time be delegated to it by the Board.

(3)The Chairman shall preside over the Co-ordination Committee.

(4)The Chairman shall be responsible for the corporate services of the Authority, its administration and organization and the administrative control of its officers and employees. 6.

(1)The Board shall appoint one of the Authority’s officers as the Internal Auditor, who shall: Establishment of the Internal Audit function. (

1. a)provide oversight of the systems of internal control and risk management of the Authority and to assist and support the Authority in discharging its responsibilities in relation thereto; (
2. b)provide the communication link with external auditors and evaluate and coordinate the audit and financial reporting progress of the Authority; (
3. c)scrutinize and evaluate any transaction to be entered into by the Authority with a value exceeding one thousand euro (€1,000); and (
4. d)review and assess the effectiveness of the financial management of the Authority in its compliance with policies and in the discharge of its regulatory and compliance functions in relation thereto.

(2)The Internal Auditor shall report directly and exclusively to the Board in accordance with the procedures established by the Authority. 7.

(1)The four entities established in Parts IV to VII, shall have the responsibilities provided for under this Act, the Competition Act, the Consumer Affairs Act, the Product Safety Act, the Metrology Act respectively and any other law or regulations.

(2)The Authority shall achieve the functions set out in article 4 through the responsibilities vested in the respective entities, as provided under sub-article

(1).

(3)The responsibilities vested in each entity shall be exercised by the Director General heading the respective entity and in doing so each Director General shall act independently and autonomously, free from the direction or control of any person or authority without prejudice to article 12: Provided that in the exercise of the responsibilities vested in the entities, the Directors General shall ensure that they im pl em ent t he po lic ies set by the Board and g ive effect to Responsibilities of the entities. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT government policy and for this purpose, they shall be subject to the overall supervision and control of the Board. PART III ESTABLISHMENT, DUTIES AND CONDUCT OF AFFAIRS OF THE BOARD OF GOVERNORS Establishment of the Board of Governors. Composition of the Board. 8. There shall be established a Board of Governors within the Authority. 9.

(1)The Board shall be composed as follows: (

1. a)the Chairman, who shall be appointed by the Minister, on being satisfied that the person has the requisite qualifications and experience and who may also occupy any other post within the Authority; (
2. b)not less than seven and not more than ten other members, to be appointed by the Minister, at least seven of them being the following:(
3. i)one member holding the warrant to practise as advocate with seven years experience and preferably with specialisation in competition law and, or in consumer law; (
4. ii)one member holding an economics degree from an approved university with seven years experience and qualifications, preferably in industrial organisation and, or behavioural economics; (iii) one member holding a warrant, issued in accordance with the Inġiniera Act, to practise the profession of engineer, with seven years experience; (
5. iv)one member holding a warrant to practise as pharmacist with seven years experience preferably in the regulation of medicinal products and pharmaceutical activities; (
6. v)one member, holding the warrant to practise as a certified public accountant with seven years experience; (
7. vi)one member, after consultation with the constituted bodies representing national employers’ organisations sitting in the Malta Council for Economic and Social Development; and (vii) one member, after consultation with recognised national consumer associations: Provided that in the eventuality that there should be no such association the Minister may appoint a temporary member from the workers’ organisations until such time wherein a member representing a national consumer association is nominated; and (
8. c)one of the members as appointed in paragraph (b)(
9. i)to MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT (
10. v)shall be appointed as Deputy Chairman by the Minister.

(2)The Deputy Chairman shall have all the powers and perform all the functions of the Chairman during the latter ’s absence or inability to act as Chairman or while the Chairman is on vacation or during any vacancy in the office of Chairman, or alternatively the Minister may also, in any circumstances aforesaid, appoint another person to act as Chairman.

(3)The members of the Board shall be appointed by the Minister for a term of one year or for such longer period as may be specified in the instrument of appointment, subject to a maximum of three years and shall be eligible for reappointment.

(4)(

1. a)The Board shall designate one of the officers of the Authority to act as secretary for such period as it shall deem appropriate. Duties of the Secretary. (
2. b)It shall be the duty of the secretary to make the necessary preparations for the meetings of the Board and to keep minutes of those meetings.

(5)(

1. a)A person shall not be eligible to be appointed or to continue to hold office as a member of the Board if that person:- Persons not eligible to hold office. (
2. i)is a Minister, Parliamentary Secretary, a member of the House of Representatives, a member of any Local Council or a member of the European Parliament; or (
3. ii)is a Judge or a Magistrate; or (iii) is legally incapacitated or interdicted; or (
4. iv)(
5. v)(
6. vi)has been declared bankrupt or has made a composition or arrangement with his creditors, so long as he has not been rehabilitated to trade in terms of the Commercial Code; or has been found guilty by any competent court of any offence involving fraud or other dishonesty, or has contravened any provision of law designed for protecting members of the public against financial loss due to dishonesty, incompetence or malpractice by persons involved in business activities or in carrying on a profession, or has engaged in any business practice appearing to the Minister to be deceitful or oppressive or otherwise improper (whether unlawful or not) or which otherwise reflects discredit on his method of conducting business or his profession, or has been found guilty of any offence against this Act or any other Act that the Authority administers or any regulations made thereunder; or has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions: MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT Provided that the Minister may determine that the person’s interest is not likely to affect the discharge of his functions and upon such determination that person shall be qualified to hold the office of member of the Authority provided that the declared interest and the Minister’s determination are published in the Gazette; or (vii) is otherwise not a fit and proper person to hold that office in accordance with paragraph (b). (
7. b)In determining whether a person is a fit and proper person, the Minister shall have regard to that person’s probity, competence and soundness of judgment for fulfilling the responsibilities of that office, to the diligence with which he is fulfilling or is likely to fulfil those responsibilities and to whether the interests of any person are, or are likely to be in any way threatened, by his holding that office. (
8. c)Any person whom the Minister has appointed or proposes to appoint as a member of the Board shall, whenever requested by the Minister to do so, furnish to him such information as the Minister considers necessary for the performance of the Minister’s duties under paragraphs (
9. a)and (b). (
10. d)A member of the Board may be relieved from office by the Minister on the ground of inability to perform the functions of his office, whether due to infirmity of mind or of body or to any other cause, or of misbehaviour; and for the purposes of this paragraph, repeated and unjustified non-attendance at meetings may be deemed to amount to misbehaviour. (
11. e)The names of all the members of the Board and any change in such membership shall be published in the Gazette. (
12. f)Any member of the Board may resign from office by a letter addressed to the Minister.

(6)The Chairman and the other members of the Board may be paid such honoraria as the Minister may determine.

(7)Any member of the Board who has any direct or indirect interest in any matter made or proposed to be made by the Board, not being an interest which disqualifies such member from remaining a member, shall, not later than the first meeting held after the relevant circumstances have come to his knowledge, disclose the nature of his interest to the Board, and the member having an interest as aforesaid shall withdraw from any meetings at which such matter is discussed. Any such disclosure shall be communicated to the Minister without delay. Where the interest of the member is such as to disqualify him from remaining a member, he shall report the fact immediately to the Minister and tender his resignation. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT

(8)If a member resigns or if the office of a member of the Board is otherwise vacant or if a member is for any reason unable to perform the functions of his office, the Minister may appoint a person who is qualified to be appointed to be a member, to be a temporary member of the Board; and any person so appointed shall, subject to the provisions of sub-article

(3), cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions. 10.

(1)Subject to any other provisions of this Act, the Board may regulate its own procedure. Conduct of the affairs of the Board.

(2)The Board shall meet as often as may be necessary but in no case less frequently than once every calendar month.

(3)The Board may exercise its functions notwithstanding any vacancy in its membership, as long as such vacancies do not exceed two in number and provided there is a quorum present at the meeting consisting of the Chairman or Deputy Chairman and not less than half the number of the other members constituting the Board at the time of the meeting.

(4)Meetings of the Board shall be convened by the Chairman, or by the Deputy Chairman, in the absence of the Chairman, either on his own initiative or at the written request of any three of the other members of the Board.

(5)(

1. a)Decisions shall be taken by a simple majority of votes of the members present and voting. (
2. b)The Chairman or, in his absence, the Deputy Chairman, or other person appointed to act as Chairman, shall have an initial vote and, in the event of an equality of votes, a casting vote. (
3. c)Without prejudice to the other requirements of this Act, no decision shall be valid unless it is supported by at least three members of the Board.

(6)All acts done by any person acting in good faith, as a member of the Board, shall be valid as if he were a member notwithstanding that some defect in his appointment or qualification be afterwards discovered.

(7)No act or proceeding of the Board shall be questioned on the ground of the contravention by a member of the provisions of article 10. 11.

(1)Without prejudice to any other duty assigned to it by this Act or any other law or regulations, the Board shall have the following duties: (

1. a)to determine the policies to be pursued by the Authority within the context of the policies established by Government and in line with the functions set out in article 4 and to ensure their proper and effective implementation by the entities; (
2. b)to ensure that the entities execute their responsibilities Duties of the Board. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT under this Act in line with related government policies; (
3. c)to ensure that the entities have the necessary resources to effectively carry out their responsibilities; (
4. d)to guarantee the functional independence of the entities; (
5. e)to publish the business plan after its approval by the Minister following consultation with the Minister responsible for Finance; (
6. f)to publish the annual report; (
7. g)to approve any Memorandum of Understanding, bilateral or multilateral agreements proposed; (
8. h)to advise, make proposals and recommendations to the Minister on any matter connected with its functions; and (
9. i)to monitor the National Accreditation body in order to ensure that it fulfils the requirements laid down in article 8 of Council Regulation (EC) No 765/2008 of the European Parliament and of the Council.

(2)The entities shall provide the Board with all such information as may be required for the proper performance of its duties: Provided that the members of the Board shall not have access to confidential information pertaining to any individual person, household or undertaking obtained by the entities in the performance of their responsibilities.

(3)The Board may with the approval of the Minister appoint ad hoc advisory boards and committees to assist it in the performance of its functions. Relations between the Minister and the Authority and supervision by Permanent Secretary. Amended by: VII. 2021.6. 12.

(1)It shall be the Minister’s function to ensure that the Authority is fully informed of Government policies relative to consumer and competition matters, standards, metrology and technical regulations and to monitor the proper execution of such policies.

(2)Save as otherwise provided in this Act, the Consumer Affairs Act, the Competition Act, the Product Safety Act, the Metrology Act, the Food Safety Act, the Pesticides Control Act, the Goldsmiths and Silvermiths Act and any other Act or regulations administered by the Authority, the Authority shall be under the general direction and control of the Minister and, subject to such direction and control, under the supervision of the Permanent Secretary responsible for the Ministry. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT

(3)The Minister may, in relation to matters that appear to him to affect the public interest, from time to time give to the Authority directions in writing of a general character not inconsistent with the provisions of this Act, the Consumer Affairs Act, the Competition Act, the Product Safety Act, the Metrology Act, the Food Safety Act, the Pesticides Control Act, the Goldsmiths and Silvermiths Act and any other Act or regulations administered by the Authority, on the policy to be followed by the Authority in the carrying out of its functions, by or under this Act, and the Authority shall, as soon as possible, give effect to all such directions.

(4)Sub-articles

(2)and

(3)shall not apply in respect of the powers exercised by the Directors General of the Office for Competition and Office for Consumer Affairs under this Act, the Competition Act and the Consumer Affairs Act respectively or any ot h e r l a w o r r e g u l a t i o n s w i t h r e s pe c t t o t h e p r i o r i t i s a ti o n , investigation and determination of cases and enforcement.

(5)The Authority shall afford to the Minister facilities for obtaining information with respect to its property and financial activities and furnish him with returns, accounts and other information with respect thereto, and shall afford to him facilities for the verification of information furnished, in such manner and at such times as he may reasonably require.

(6)If the Authority fails to comply with any directions issued under this article, the Prime Minister may make an order transferring to the Minister in whole or in part any of its functions.

(7)The operations of the Authority shall follow an Authority performance agreement which is to be agreed to between the Permanent Secretary and the Authority and for this purpose article 30 of the Public Administration Act shall mutatis mutandis apply.

(8)Article 28 of the Public Administration Act shall mutatis mutandis apply to the extent that its application does not conflict with the provisions of this Act, the Consumer Affairs Act, the Competition Act, the Product Safety Act, the Metrology Act, the Food Safety Act, the Pesticides Control Act, the Goldsmiths and Silvermiths Act and any other Act or regulations administered by the Authority. PART IV ESTABLISHMENT OF THE OFFICE FOR COMPETITION 13.

(1)There shall be established an office to be designated as the Office for Competition which shall be headed by the Director General (Competition).

(2)The Director General (Competition) shall be a person with professional qualifications, recognised competence, experience and specialisation in the domain of competition law and, or industrial organisation economics and, preferably, with knowledge of consumer matters, and shall be appointed by the Board, following consultation with the Minister, for a period of three years and such period may be extended for further periods of three years each: Provided that the first Director General (Competition) shall Establishment of the Office for Competition. Amended by: XLV.2021.22. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT be appointed by the Minister.

(3)The Office for Competition shall have a sufficient number of qualified staff and sufficient financial, technical and technological resources that are necessary for the effective performance of their duties, and for the exercise of their powers for the application of articles 5 and, or 9 of the Competition Act and, or Articles 101 and, or 102 of the TFEU. Independence. Added by: XLV.2021.23.

(4)Without prejudice to national budgetary rules and procedures, the Office for Competition shall be granted independence in the spending of the allocated budget for the purpose of carrying out its duties as set out in article 14 of this Act, the Competition Act and any regulations made thereunder. 13A. (a)The Director General, his officers working at the Office for Competition and any other person assisting the Office for Competition shall: (i)perform their duties and exercise their powers for the application of articles 5 and, or 9 of the Competition Act and, or Articles 101 and, or 102 of the TFEU, and any other responsibility vested in the Office for Competition as emanating from this Act, the Competition Act or any other regulation made thereunder, impartially and in the interests of the effective and uniform application of Articles 101 and, or 102 of the TFEU and independently from political and other external influence; (ii)neither seek nor take any instructions from Government or any other public or private entity when carrying out their duties and exercising their powers for the application of articles 5 and, or 9 of the Competition Act and, or Articles 101 and, or 102 of the TFEU, without prejudice to the right of the Government, where applicable, to issue general policy rules that are not related to sector inquiries or specific investigations of the Office for Competition; (iii)refrain from taking any action which is incompatible with the performance of their duties and, or with the exercise of their powers for the application of article 5 and, or article 9 of the Competition Act and, or Articles 101 and, or 102 of the TFEU and are subject to procedures that ensure that, for a reasonable period of time after leaving office, they refrain from dealing with cases which are, or were before the Office for Competition, that could give rise to conflicts of interest as provided in article 46 of this Act. (b) Any person who takes decisions at the Office for Competition exercising the powers contemplated in the Competition Act or under any regulations made thereunder shall not be dismissed from the Office for Competition for reasons relating to the proper performance of their duties, or to the proper MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT exercise of their powers for the application of articles 5 and, or 9 of the Competition Act and, or Articles 101 and, or 102 of the TFEU: Provided that the person may be dismissed only if he no longer fulfills the conditions required for the performance of his duties, or if he has been found guilty of serious misconduct under national law, which includes the following: (i) if the person fails to perform his duties impartially and independently, in relation to the application of articles 5 and, or 9 of the Competition Act and, or Articles 101 and, or 102 of the TFEU, or of any duties in relation to his Office emanating under this Act, the Competition Act and any regulation made thereunder; (ii) if the person has been found guilty by a competent court of a criminal offence under article 28 of this Act; (iii) if the person has been convicted of a criminal offence affecting public trust, or of theft or fraud. 14.

(1)The responsibilities of the Office for Competition shall be the following:- (

1. a)to investigate restrictive practices which allegedly distort or restrict competition and to act as an official party in proceedings instituted by the Director General and in such manner he shall enjoy the same rights which pertain to his counter-party in court proceedings, before the Civil Court under the Competition Act and in case when there is an appeal from judgements of the Civil Court delivered under the Competition Act, before the Court of Appeal; (
2. b)to examine and control concentrations between undertakings in terms of their effect on the structure of competition on the market; (
3. c)to act together with the Civil Court, as the national competition authority in Malta as designated by virtue of article 35

(1)of Council Regulation (EC) No. 1/ 2003: Provided that for the purposes of this sub-article, the competent competition authority with regard to the application of Articles 101 and 102 of the TFEU, pursuant to Council Regulation (EC) No. 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, OJ L1 of 04/ 01/2003, p.1 (Regulation 1/2003) shall be: (

1. a)(
2. b)the Civil Court for the adoption of decisions and imposition of penalties and other remedies; and the Office for Competition for investigating and instituting proceedings before the Civil Court; Responsibilities of the Office. Amended by: XVI.2019.60; XLV.2021.24. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT (
3. d)to keep under review markets and commercial activities relating to the supply of goods and services and to collect information and evidence for the purpose of ascertaining whether such markets and activities may adversely affect the interests of consumers; (
4. e)to study markets and recommend action where required; (
5. f)to encourage undertakings and associations of undertakings to comply with competition law and to promote sound trading practices and to promote public awareness of articles 5 and 9 of the Competition Act and Articles 101 and 102 of the TFEU; (
6. g)to provide advice to public authorities about the competition implications of proposals for legislation; (
7. h)to provide advice to public authorities on the competition issues which may arise in the performance of their functions; (
8. i)to provide advice on the competition constraints imposed either by legislation, policy or administrative practices; (
9. j)to assist in the drawing up of the Authority’s business plan; (
10. k)to co-operate closely in the European Competition Network with a view to ensuring the effective and uniform application of Articles 101 and 102 of the TFEU and to participate in meetings organised by international agencies and organisations; (
11. l)to provide advice to the Board on competition matters; (
12. m)to submit an annual report on its work to the Board; and (
13. n)generally to exercise the powers conferred upon it under this Act and under the Competition Act and any regulations made thereunder.

(2)In the exercise of the responsibilities mentioned in subarticle

(1)(d) and (e), the Director General (Competition) shall cooperate with the Director General (Consumer Affairs) if the latter is carrying out a review or study in respect of the same market.

(3)Nothing in this Act shall be construed as to give any person, consumer or undertaking a right to require the Director General (Competition) to act on his behalf and in his interest in any particular matter or dispute with any trader, supplier of services or undertaking before any court, tribunal or elsewhere. Different degrees of priority. Amended by: XLV.2021.25. 15.

(1)The Office for Competition may allocate different degrees of priority to the cases brought or pending before it and in doing so it shall take into consideration, inter alia, the following factors: (

1. a)the degree of consumer harm resulting from the MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT alleged or suspected infringement; (
2. b)the extent of consumer benefit resulting from the intervention of the Office for Competition; (
3. c)the nature and gravity of the alleged or suspected infringement; (
4. d)the stage of investigation; (
5. e)whether the alleged practices are still ongoing or whether harmful effects persist; and (
6. f)whether the alleged unlawful conduct is being examined or can be better examined by another public authority under its regulatory regime: Provided that the Office for Competition may reject complaints on the grounds that it does not consider such complaints to be an enforcement priority.

(2)The Office for Competition shall from time to time issue guidelines under this article. These guidelines shall provide for the right to ask for information on the degree of priority allocated to a case or to a complaint by the undertaking or association of undertakings concerned or the complainant respectively and for the obligation of the Office to provide a reasoned reply within a specific time frame. PART V ESTABLISHMENT OF THE OFFICE FOR CONSUMER AFFAIRS 16.

(1)There shall be established an office to be designated as the Office for Consumer Affairs within the Authority which shall be headed by the Director General (Consumer Affairs). Establishment of the Office for Consumer Affairs.

(2)The Director General (Consumer Affairs) shall be a person with professional qualifications, recognised competence, experience and specialisation in the domain of consumer law, and, or behavioural economics and shall be appointed by the Board, following consultation with the Minister, for a period of three years and such period may be extended for further periods of three years each: Provided that the first Director General (Consumer Affairs) shall be appointed by the Minister. 17.

(1)The responsibilities of the Office for Consumer Affairs shall be the following: (

1. a)to provide information, advice and guidelines to the public relating to consumer issues; (
2. b)to monitor trading practices relating to the provision of goods and services to consumers, and to take measures for the suppression and prevention of any practices which may be detrimental to the interests of consumers; (
3. c)to receive and investigate complaints from consumers relative to the supply of goods and services and to take Responsibilities of the Office for Consumer Affairs. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT such action as in its power to redress any justified grievance that may come to its notice; (
4. d)to provide consumers with ongoing advice concerning their rights; (
5. e)to direct consumers to the appropriate organisation which is best placed to assist them with specific complaints; (
6. f)to encourage traders to comply with consumer law and to promote good trading practices in the carrying out of activities which may affect the economic interests of consumers in Malta; (
7. g)to provide traders with advice on matters relating to consumer affairs; (
8. h)to provide mediation between consumers and traders; (
9. i)to keep under review markets and commercial activities relating to the supply of goods and services and to collect information and evidence for the purpose of ascertaining whether such markets and activities may adversely affect the interests of consumers; (
10. j)to study markets and recommend remedial action where required; (
11. k)to assist the Council in the performance of its functions and duties and to furnish such information as may be required by the Council in relation to the exercise of its duties; (
12. l)to advise public authorities about the implications for consumers arising from proposals for legislation; (
13. m)to provide advice to public authorities on the consumer issues which may arise in the performance of their functions; (
14. n)to advise on the impact on consumer interests that legislation, policy or administrative practices may have; (
15. o)to serve as and perform the functions of the national competent authority in terms of the Consumer Protection Co-operation Regulation; (
16. p)to serve as and perform the functions of the single liaison office in Malta responsible for co-ordinating the application of the Consumer Protection Cooperation Regulation; (
17. q)to develop the necessary strategies for the performance of its responsibilities; (
18. r)to assist in the drawing up of the Authority’s business plan; (
19. s)to advise the Board on matters of consumer interest; (
20. t)to submit an annual report on its work to the Board; and MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT (
21. u)generally to exercise the powers conferred upon it under this Act, the Consumer Affairs Act or any other law or regulations in relation to consumer affairs.

(2)In exercise of the responsibilities mentioned in paragraphs (i) and (j) and article 14

(2)shall mutatis mutandis apply to the Director General (Consumer Affairs).

(3)Nothing in this Act or in any other law shall be construed to give any consumer a right to require the Director General (Consumer Affairs) to act on his behalf and in his interest in any particular matter or dispute with any trader or supplier of services before any court, tribunal or arbiter. 18.

(1)For the purposes of article 17

(1)(o), the Office for Consumer Affairs shall be the national competent authority in respect of the EU legislative acts listed in the Third Schedule.

(2)Obtaining information. The Minister may by order amend the Third Schedule. PART VI ESTABLISHMENT OF THE TECHNICAL REGULATIONS DIVISION 19.

(1)There shall be established a division within the Authority to be designated as Technical Regulations Division w h i c h sh a l l b e h e a d e d b y t h e D i r e c t o r G e n e r a l ( Te c h n i c a l Regulations). Establishment of Technical Regulations Division.

(2)The Director General (Technical Regulations) shall be a person with professional qualifications, recognised competence, experience and specialisation in technical harmonization and matters relating to conformity assessment, and shall be appointed by the Board, following consultation with the Minister, for a period of three years and such period may be extended for further periods of three years each: Provided that the first Director General (Technical Regulations) shall be appointed by the Minister. 20.

(1)The responsibilities of the Technical Regulations Division shall be the following: (

1. a)to draft legislation in relation to its areas of competence and issued by virtue of article 38 of the Product Safety Act and by any other law; (
2. b)to advise the Board and other Government agencies and the private sector; (
3. c)to assist all sectors of industry to understand and meet the essential requirements imposed by technical regulations, issued by virtue of the Product Safety Act and by any other law, and the technical, quality and safety requirements of harmonised European and international standards; Responsibilities of the Technical Regulations Division. Amended by: XV.2025.40. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT (
4. d)to co-ordinate and implement its regulatory programme in the areas falling under its remit and, in particular, to exercise the advisory functions assigned to it by article 38 of the Product Safety Act and by any other law; (
5. e)to establish, with the consent of the Minister and of the Chairman of the Authority, technical committees for the areas falling under its competence and to chair and co-ordinate the work of such committees; (
6. f)to act as the Product Contact Point and provide support to the focal point for any Notification requirements for ensuring the free movement of goods as laid down in article 9 of Council Regulation (EC) No 764/2008; (
7. g)to formulate and give effect to programmes of technical assistance aimed at business operators for the purpose of facilitating their compliance with relevant technical regulations and standards; (
8. h)to communicate to the general public and to interested parties any information regarding the regulatory programmes in its areas of competence; (
9. i)to provide training and information on technical regulations in its areas of competence; (
10. j)to participate in relevant national and international activities; (
11. k)to perform risk assessment and to co-ordinate market surveillance activities as prescribed in article 27 of the Product Safety Act; (
12. l)to assist in the drawing up of the Authority’s business plan; (
13. m)to submit an annual report on its work to the Board; (
14. n)to develop the necessary strategies implementation of its responsibilities; for the (
15. o)to generally exercise the responsibilities conferred upon it under this Act and any other Act and regulations made thereunder; and (
16. p)to monitor the implementation of legislation under the Services (Internal Market) Act and its subsequent application.

(2)The Technical Regulations Division shall be the authority in Malta entrusted with the implementation of: (

1. a)Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down the procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State; (
2. b)Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT out the requirements for accreditation and market surveillance relating to the marketing of products; and (
3. c)related activities. PART VII ESTABLISHMENT OF THE STANDARDS AND METROLOGY INSTITUTE 21.

(1)There shall be established an institute within the Authority to be designated as the Standards and Metrology Institute, which shall be headed by the Director General (Standards and Metrology). Establishment of the Standards and Metrology Institute.

(2)The Director General (Standards and Metrology) shall be a person with professional qualifications, recognised competence, experience and specialisation in the domain of standards and in matters relating to metrology, calibration and testing, and shall be appointed by the Board, following consultation with the Minister, for a period of three years and such period may be extended for further periods of three years each: Provided that the first Director General (Standards and Metrology) shall be appointed by the Minister. 22.

(1)The responsibilities of the Standards and Metrology Institute shall be the following:(

1. a)to make, adopt and publish standards, in relation to any class, category or type of products and, or services; (
2. b)to co-ordinate, monitor and promote standardization and related activities at the various corporate, national, regional and international levels, and to supply and, or ensure the existence of adequate supporting related services: For the purpose of this paragraph, "supporting related services" include: (
3. i)the promotion of adoption and application of all aspects of metrology as a necessary adjunct to standardization; (
4. ii)the availability or assurance of availability of testing services; (iii) the offer of certification services; (
5. c)to act as the competent body for the purposes of Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (Text with EEA relevance) and Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/ EC; Responsibilities of the Standards and Metrology and Metrology Institute. Amended by: VII. 2021. 7. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT (
6. d)to consider all applications for a permit to use a conformity mark and to grant permits for such purpose; (
7. e)to inform the public of new subjects included in its standards programme and of preparation or amendment of a standard, unless such standard is an identical or equivalent transposition of an International or European Standard. This information shall indicate, in particular, whether the standard concerned: (
8. f)will transpose an international standard without being the equivalent; will be a new national standard; or will amend a national standard; to co-operate with National, European, Regional or other international bodies in the field of standardization and to exchange information therewith generally, and in particular to such extent as may be provided for in any international obligation entered into by Malta or as may be prescribed; (
9. g)to be responsible for the execution, upkeep and conservation of National Measurement Standards and to maintain their accuracy by comparison with international measurement standards; (
10. h)to provide Working Measurement Standards of suitable accuracy for use in Malta, by comparison with the National Measurement Standards; (
11. i)to be responsible for the National Measurement Standards and their traceability; (
12. j)to provide calibration services; (
13. k)to carry out scientific and technical work in all fields of metrology and measuring methods; (
14. l)to take part in the work of other national organisations interested in metrology; (
15. m)to disseminate information relevant to metrology; (
16. n)to be responsible for the enforcement of all metrology regulations drawn up by virtue of the Metrology Act and other regulations; (
17. o)to be responsible for the execution and calibration of Measurement Standards and verification equipment; (
18. p)to oversee, monitor and supervise the manufacture and repair of measuring instruments; (
19. q)to bring to the attention of the authorities any fraud in relation to measurements in the provision of goods and services; MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT (
20. r)to provide for the holding of examinations for the purpose of ascertaining whether persons possess sufficient skill, knowledge and professional integrity for the proper performance of their functions to be performed by virtue of the Metrology Act; (
21. s)to collaborate with the relevant inspection bodies in the fields of measuring instruments and pre-packaged products; (
22. t)to liaise with other foreign national institutions having similar aims and to represent Malta in international metrological institutions; (
23. u)to submit an annual report on its work to the Board; (
24. v)to develop the necessary strategies implementation of its responsibilities; for the (
25. w)to assist in the drawing up of the Authority’s business plan; (
26. x)to generally exercise the responsibilities conferred upon it under this Act, and under the Metrology Act and any other Act and regulations made thereunder; and (
27. y)to generally exercise the responsibilities assigned to it under the Goldsmiths and Silversmiths Act and any other Act and regulations made thereunder.

(2)The Standards and Metrology Institute shall be the national body entrusted with the co-ordination of standardization and related activities and shall be responsible for matters related to metrology and legal metrology.

(3)The Standards and Metrology Institute shall also facilitate testing requirements.

(4)The power conferred on the Standards and Metrology Institute to make, adopt and publish standards shall be construed as including the power, exercisable in like manner, to vary, substitute or revoke any such standard. Variation, substitution or revocation of Standards. 23.

(1)The Standards and Metrology Institute shall publish in the Gazette a list of standards made, adopted or transposed by it together with their international equivalence, if applicable, and shall in such notices also indicate where a copy of such standards may be obtained. List of Standards to be published.

(2)Notwithstanding the other provisions of this Act or of any other law, the list of standards afore-mentioned and any standard made, adopted or transposed by the Standards and Metrology Institute may be made, published, prescribed or made available to the public either in the Maltese or English language. 24.

(1)The Standards and Metrology Institute shall grant a permit for the use of a conformity mark in relation to any product and, or, services which satisfy the standards, technical regulations and code of practices and fulfil the conditions prescribed therein, conformity to which is being declared. Conformity Mark. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT

(2)The Standards and Metrology Institute shall not grant a permit unless it is furnished with such proof and it is given such opportunities and facilities as may be reasonably necessary in order that it may satisfy itself that the product and, or, services in relation to which the application has been made qualify for such permit.

(3)In any permit granted in relation to any product and, or service, the Standards and Metrology Institute besides describing such product and, or service shall also:(

1. a)name the person to whom the permit is granted; and (
2. b)specify the standards applicable to the said product and, or, services: Provided that when there have been no changes in the other circumstances which justified the grant of a permit, the Standards a nd M e tr o lo gy I n s ti t ut e shal l i n r e ga rd t o an y s u c h p e r mi t authorize, on application, the substitution of the person named therein as will be proved to be necessary.

(4)For the purpose of this Part, the name of the person to whom the permit is granted as referred to in paragraph (a) of subarticle

(3)shall be deemed to form part of the description of the product and, or, service to which it refers. Powers of the Standards and Metrology Institute to inspect premises and obtain information.

1. Officers authorized in writing to that effect by the Standards and Metrology Institute shall at all reasonable times have access for the purposes of this Act to any place where goods and, or services in respect of which there is in force a permit are produced, manufactured or processed, and they shall be entitled to inspect such place, to examine such goods and to take samples thereof in the manner prescribed by the Minister. PART VIII ACQUISITION AND PROVISION OF INFORMATION Provision of information.
2. In this Part, unless otherwise specified, any reference to the "Offices" shall be construed as referring to both the "Office for Competition" and the "Office for Consumer Affairs" and the words "Director General" and "Directors General" shall refer to both the "Director General (Competition)" and "Director General (Consumer Affairs)". Consultation with public authorities. 27.

(1)The Offices may consult with public authorities in the application of this Act, the Competition Act, the Consumer Affairs Act and any other Act, or regulations made thereunder which they are empowered to enforce.

(2)The Offices may request information from public authorities as they consider necessary for the application of this Act, the Competition Act, the Consumer Affairs Act and any other Act, or regulations made thereunder which they are empowered to enforce. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT

(3)The Offices on the one hand and public authorities on the other hand shall provide each other with the information necessary for the application of the provisions of this Act, the Competition Act, the Consumer Affairs Act and any other Act, or regulations made under the said Acts and such information shall be provided within a reasonable time as dictated by the particular circumstances of the issues involved.

(4)The Offices may enter into agreements for the exchange of information and other forms of collaboration with public authorities.

(5)Any agreement entered into by the Office for Competition in terms of sub-article

(4)shall not apply to investigations initiated by it concerning alleged breaches of Articles 101 and, or 102 of the TFEU.

(6)In submitting information under the provisions of this article, the Offices and the public authorities shall clearly identify the information, including documents, which they deem to be internal or which contains business secrets or other confidential information and a separate non-confidential version shall be supplied.

(7)Where information has been exchanged as provided in this article, the Offices or the public authority receiving the information shall ensure the same level of confidentiality as the provider of the information. 28.

(1)Except where otherwise provided by law, the members of the Board, Directors General and other officers or employees of the Authority and advisors, consultants or other persons engaged with the Authority shall not communicate or make accessible any information, including documents, which they deem to be internal or which contains business secrets or other confidential information. Disclosure of confidential information.

(2)Without prejudice to any disciplinary proceedings that may be taken against public employees under applicable rules and procedures, any person who contravenes the provisions of subarticle

(1)shall be guilty of an offence against this Act and shall, on conviction, be liable to a fine (multa) of not less than two thousand euro (€2,000) and not exceeding ten thousand euro (€10,000). 29.

(1)Any person, undertaking or association of undertakings or any other body which submits information or comments in one of the situations listed hereunder or subsequently submits further information to the Director General in the course of an investigation, shall clearly identify any material which it considers to be confidential, giving reasons therefor, and provide a separate non-confidential version, where applicable by the date set by the Director General for making its submissions known: (

1. a)a complainant lodging a complaint under the Competition Act or under the Consumer Affairs Act; Identification and protection of confidential information. Amended by: XVI.2019.61; XLIV.2021.20; XLV.2021.26; XVII.2023.50. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT S.L. 379.08. (
2. b)a person, undertaking or association of undertakings or any other body complying with a request for the provision of information under the provisions of this Act, the Competition Act, the Consumer Affairs Act and any other Act, or regulations made thereunder; (
3. c)an addressee of objections made under the Control of Concentrations Regulations making known his views on the objection; (
4. d)the addressee of an invitation by the Director General to engage in settlement discussions under article 12B of the Competition Act; (
5. e)the addressee of an invitation by the Director General to engage in commitments discussions under article 12A of the Consumer Affairs Act; (
6. f)S.L. 379.08. any person making a reasonable allegation in writing according to article 12

(1)of the Consumer Affairs Act.

(2)Without prejudice to sub-article

(1), the Directors General may require persons, undertakings and an association of undertakings or any other body that submit documents or statements pursuant to this Act, the Competition Act, the Consumer Affairs Act and any other Act, or regulations made thereunder to identify the documents or parts of documents which they consider to contain business secrets or other confidential information belonging to them and to identify the undertakings with regard to which such documents are to be considered confidential.

(3)In the case of a decision adopted by the Director General (Competition) under article 17 of the Competition Act, or in the case of any information or material published in terms of article 19 of the said Competition Act, or in the case of objections or a decision under the Control of Concentrations Regulations, or in any other case where the Director General considers it necessary, the persons, undertakings and associations of undertakings concerned may be required to identify any part of any decision, objections, publications or documents which in their view, contains business secrets or other confidential information.

(4)The Directors General may set a time-limit within which persons, undertakings or association of undertakings or any other body are to: (

1. a)substantiate their claim for confidentiality with regard to each individual document or part of such document, statement or part of such statement; (
2. b)provide the Director General with a non-confidential version of the documents or statements, in which the confidential passages are deleted; and (
3. c)provide a concise description of each part of the deleted information.

(5)In the event that persons, undertakings or an association of undertakings or any other body fail to comply with sub-articles

(1)to

(3), the Director General may deem that the documents or statements concerned do not contain confidential information and MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT may consequently assume that the persons, undertakings or association of undertakings or other body have no objections to the disclosure of the documents or statements concerned in their entirety.

(6)Where persons, undertakings or an association of undertakings or any other body meet the conditions set out in subarticles

(1)to

(3), the Director General shall: (

1. a)either provisionally accept the claims which appear justified; or (
2. b)inform the person or undertaking or association of undertakings or any other body that he does not agree with the confidentiality claim in whole or in part, where it is apparent that the claim is unjustified.

(7)The Director General may reverse his provisional acceptance of the confidentiality claim in whole or in part at a later stage.

(8)Where the Director General does not agree with the confidentiality claim from the outset or where he takes the view that the provisional acceptance of the confidentiality claim should be reversed, and thus intends to disclose information, the Director General will inform the person or undertaking or association of undertakings or any other body in writing of his intention to disclose information, give his reasons and set a time-limit within which such person or undertaking or association of undertakings or any other body m ay i nform him in writing of its views. If, following submission of those views, a disagreement on the confidentiality claim persists, the Director General shall take a decision thereon.

(9)In those cases where the person or undertaking or association of undertakings or any other body does not agree with the decision of the Director General issued under sub-article

(8)the person or undertaking or association of undertakings or any other body may request a review thereof by sworn application to the Civil Court within ten days from when the decision of the Director General is notified: Provided that the Civil Court shall appoint and decide any matter under this sub-article within the shortest time possible: Provided further that the decision of the Civil Court shall be final and no appeal or challenge shall lie from such decision.

(10)Complainants or undertakings or an association of undertakings or any other body or any person collaborating in an investigation carried out by the Offices shall, should they wish to remain anonymous, make a request to that effect to the Director General. The Director General shall accede to such request for anonymity if he considers the request to be justified. The Director General shall protect anonymity by providing access to a nonconfidential version or summary of the documents submitted. Subarticles

(6)and

(7)shall apply to requests for anonymity. Where the Director General does not consider the request for anonymity to be justified, sub-articles

(8)and

(9)shall apply. Publication of Information. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT 30.

(1)The Authority shall, subject to the protection of business secrets and other confidential information, publish from time to time such information as would contribute to an open and competitive market or be for the benefit of consumers.

(2)When publishing information as is referred to in sub-article

(1), the Authority shall adhere to the principles of fairness and objectivity.

(3)The members of the Board, the Directors General of all the entities and any officer acting on the instructions or authority of the said Directors General, shall be exempt from any liability for acts done in good faith in pursuance of this article. Such exemption shall extend to all persons publishing, printi ng, r ecordi ng, broadcasting or communicating such information by any means whatsoever. PART IX ESTABLISHMENT OF THE COMPETITION AND CONSUMER APPEALS TRIBUNAL Deleted by XVI.2019.62 PART X OFFICERS AND EMPLOYEES OF THE AUTHORITY Staff appointments. 38. Subject to the provisions of the Constitution, any other enactment applicable thereto, and without prejudice to the other provisions of this Act, the employment and appointment of officials and other employees of the Authority shall be made by the Board and the terms and conditions of their employment and appointment shall be established by the Board with the concurrence of the Minister: Provided that, notwithstanding article 12

(8), for the purposes of sub-article

(1), the Board shall follow any directives and guidelines issued under article 28

(1)(c), (

1. d)and (
2. e)of the Public Administration Act. Appointment of officers and employees of the Authority. 39. The Board shall appoint and employ, at such remuneration and upon such terms and conditions as it may, in accordance with article 38, determine, such officers and employees of the Authority as may from time to time be necessary for the due and efficient discharge of the functions of the Authority. Detailing of public officers for duty. with the entities. 40.

(1)The Principal Permanent Secretary, following the direction of the Prime Minister, may from time to time, direct that any public officer shall be detailed for duty with the Authority in such capacity and under such conditions and with effect from such date as he may prescribe.

(2)The period during which a direction as aforesaid shall apply to any officer specified therein, shall, unless the officer retires from the public service, or otherwise ceases to hold office at an earlier date, or unless a different period is specified in such direction, end on the happening of any of the following events: (

1. a)the acceptance by such officer of an offer of transfer to MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT the service of, and permanent employment with, the Authority made in accordance with the provisions of article 42; or (
2. b)the revocation of such direction by the Principal Permanent Secretary following the direction of the Prime Minister.

(3)Where a direction as aforesaid is revoked by the Principal Permanent Secretary in relation to any officer, the Principal Permanent Secretary may, by further direction and following the direction of the Prime Minister, detail such officer for duty with the Authority in such capacity and with effect from such date as may be specified in the direction of the Principal Permanent Secretary, and the provisions of sub-article

(2)shall thereupon apply to the period of duration of such detailing by any such further direction in relation to such officer. 41.

(1)Where any officer is detailed for duty with the Authority under any of the provisions of article 40, such officer shall, during the time in which such direction has effect in relation to him, be under the administrative authority and control of the Authority but he shall for all other intents and purposes remain and be considered and treated as a public officer. Status of public officers detailed for duty with the entities.

(2)Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid:(

1. a)shall not, during the time in respect of which he is so detailed:(
2. i)be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions of service attached to the Government appointment held by him at a date on which he is so detailed for duty; or (
3. ii)be so employed that his remuneration and conditions of service are less favourable than those which are attached to the Government appointment held by him at the date aforesaid or which would have become attached to such appointment, during the said period, had such officer not been detailed for duty with the Authority: Provided that such terms and conditions shall not be deemed to be less favourable because they are not in all respects identical or superior to those enjoyed by the officer concerned at the date of such detailing, if in the opinion of the Prime Minister, such terms and conditions, taken as a whole, offer substantially equivalent or greater benefits; and (
4. b)shall be entitled to have his service with the Authority considered as service with the Government for the purposes of any pension, gratuity or benefit under the Pensions Ordinance and the Widows’ and Orphans’ MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT Pensions Act and for the purpose of any other right or privilege to which he would be entitled, and shall be liable to any liability to which he would be liable, but for the fact of his being detailed for duty with the Authority: Provided that in assessing the pensionable emoluments of such officer for the purposes of any law relating to government service pensions, no account shall be taken of any allowances, bonuses or gratuities paid to such officer by the Authority in excess of what he is entitled to as a public officer.

(3)Where an application is made as provided in sub-article

(2)(a)(i), the same consideration shall be given thereto as if the applicant had not been detailed for service with the Authority.

(4)The Authority shall pay to the Government such contributions as may from time to time be determined by the Minister responsible for Finance in respect of the cost of pensions and gratuities earned by an officer detailed for duty with the Authority as aforesaid during the period in which he is so detailed. Offer of permanent employment with the Authority to public officers detailed for duty with the Authority. 42.

(1)The Authority may, with the approval of the Prime Minister, offer to any officer detailed for duty with the Authority under any of the provisions of article 40, permanent employment with it at a remuneration and on terms and conditions not less favourable than those enjoyed by such officer at the date of such offer.

(2)The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because they are not in all respects identical with or superior to those enjoyed by the officer concerned at the date of such offer, if such terms and conditions, taken as a whole, in the opinion of the Prime Minister, offer substantially equivalent or greater benefits.

(3)Every officer who accepts permanent employment with the Authority offered to him under the provisions of sub-article

(1)shall, for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act, and, saving the provisions of article 63, be deemed to have ceased to be in the service of the Government and to have entered into service with the Authority on the date of his acceptance, and for the purposes of the said Ordinance and of the said Act, so far as applicable to him, service with the Authority shall be deemed to be service with the Government within the meaning thereof respectively.

(4)Every such officer as aforesaid who, immediately before accepting permanent employment with the Authority, was entitled to benefit under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit thereunder to all intents as if his service with the Authority was service with the Government.

(5)The Authority shall pay to the Government such contributions as may from time to time be determined by the Minister responsible for Finance in respect of the cost of pensions and gratuities earned by an officer who has accepted permanent MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT employment with the Authority as aforesaid during the period commencing on the date of such officer’s acceptance.

(6)For the purposes of the Pensions Ordinance, the pensionable emoluments of such public officer on retirement shall be deemed to be the pensionable emoluments payable to an officer in Government service in a grade and at an incremental level corresponding to the post occupied and incremental level on the date on which the officer retires from the Authority.

(7)(

1. a)For the purposes of this article, posts and salary grades with the Authority shall be classified in the most nearly corresponding grades and incremental levels in the service under the Government by reference to job description, skills, responsibilities and other analogous factors. (
2. b)The classification referred to in paragraph (
3. a)shall be carried out by a board composed of a Chairman appointed by the Minister responsible for Finance and two other members, one appointed by the Minister responsible in general for personnel policies in the public service and one appointed by the Authority. The classification shall be subject to the final approval of the Minister responsible for Finance. (
4. c)Such classification shall take place within three months of any adjustment of salaries of employees in Government service and, or of employees of the Authority. (
5. d)No post shall be classified in a grade higher than that of a Grade 3 in the service of the Government or such other grade that the Minister responsible for Finance may from time to time by notice in the Gazette determine. (
6. e)Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the Pensions Ordinance less favourable than those to which he would have been entitled prior to such classification. 43. The Authority may engage such consultants or advisers as it may consider necessary to assist it in the fulfilment of its functions. Engagement of consultants and advisers. 44. Every person appointed as an officer of the Authority shall, before assuming such duties, take oath that he will faithfully and impartially perform the duties of his office or employment. The form of oath shall be that contained in the First Schedule and shall taken before the Court of Appeal, in a public hearing of the same court. Oath of secrecy. Amended by: XVI.2019.63. 45.

(1)Where a public officer or an employee of the Authority, or a consultant, an advisor or any other person engaged by the Authority, has any interest in, or material to, any matter which falls to be considered by the Authority, he shall- Disclosure of interest. (

1. a)disclose to the Board the nature of his interest at the MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT first meeting of the Board after such interest is acquired or in advance of any consideration of the matter, whichever is the earlier; (
2. b)neither influence nor seek to influence a decision in relation to such matter; and (
3. c)take no part in any consideration of such matter.

(2)Where a question arises as to whether or not a course of conduct, if pursued by a person, would constitute failure by him to comply with the requirements of sub-article

(1), the question shall be determined by the Board and the decision and its motivation shall be recorded in the minutes of the meeting during which the decision was taken.

(3)Where a disclosure is made to the Board pursuant to subarticle

(1), particulars of the disclosure shall be recorded in the minutes of the relative meeting.

(4)Where a person to whom sub-article

(1)applies fails to make the required disclosure, the Board shall decide the appropriate action to be taken which may include the removal from office or termination of the contract of the person concerned. Code of Ethics. 46.

(1)Officers and employees of the Authority shall abide by any Code of Ethics applicable to public employees and shall, subject to any law to the contrary, have the same obligations thereunder: Provided that the Directors General shall, with the approval of the Co-ordination Committee, draw up service values and Codes of Ethics in respect of their respective entities to supplement any public service Code of Ethics. Obligation to act with integrity following termination of office.

(2)(

1. a)The members of the Board, officers and employees of the Authority and advisors, consultants and other persons engaged with the Authority shall, following the termination of their office, act with integrity and not engage in any activity which, due to knowledge gained from business secrets or other confidential information during the tenure of their office would give rise to conflict of interest and harm the interests of any person; and (
2. b)any person who acts in contravention of this article shall be guilty of an offence against this Act and shall on conviction be liable to a fine (multa) of not less than two thousand euro (€2,000) and the court may, in addition, award the punishment of temporary or perpetual general interdiction. Exemption from liability.

(3)No action shall lie against the Authority, the organs of the Authority, the members of the Board, officers and employees of the Authority and advisors, consultants and other persons engaged with the Authority for any act or omission in connection with this Act or any regulations made thereunder unless the act or omission is shown to have been done or omitted to be done, as the case may be, in bad faith. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT PART XI FINANCIAL PROVISIONS 47. The Authority shall be governed by the provisions of the Public Finance Management Act, unless otherwise stated in the Authority performance agreement entered into by the Permanent Secretary and the Authority in terms of article 12

(7)in which case the provisions of the latter will prevail. Provisions of the Financial Administration and Audit Act. 48.

(1)Without prejudice to the following provisions of this article, the Authority shall so conduct its affairs that so much of the expenditure required for the proper performance of its functions shall, as far as practicable, be met out of its revenue. Authority to meet expenditure out of revenue. Amended by: XVI.2019.64.

(2)For the purposes of sub-article

(1), the Authority, shall levy all fees, charges and other payments prescribed or deemed to be prescribed by or under this Act or any other law providing for matters falling under its respective powers and functions: Provided that where the entities are specifically entrusted by law to charge fees, those fees shall be levied by the entities concerned.

(3)The Authority shall also be paid by the Government out of the Consolidated Fund such sums as the House of Representatives, hereinafter referred to as the "House", may from time to time authorise to be appropriated to meet any of its expenditure that cannot be met out of its revenue and the costs of specified works to be continued or otherwise carried out by it, being works of infrastructure or of a similar capital nature.

(4)Any excess of revenue over expenditure shall, subject to such directives as the Minister, after consultation with the Minister responsible for Finance, may from time to time give, be applied by the Authority to the formation of reserve funds to be used for its purposes and without prejudice to the generality of the powers given to the Minister by this sub-article, any directive given by the Minister as aforesaid may order the transfer to the Government, or the application in such manner as may be specified in the direction, of any part of the fees, charges and other payments levied in accordance with sub-article

(2).

(5)Any funds of the Authority not immediately required to meet expenditure may be invested in such manner as may from time to time be approved by the Minister. 49.

(1)For the purpose of carrying out any of its functions under this Act, the Authority may, with the approval in writing of the Minister, given after consultation with the Minister responsible for Finance, borrow or raise money in such manner, from such person, body or authority, and under such terms and conditions as the Minister, after consultation as aforesaid, may in writing approve.

(2)The Authority may also, from time to time, borrow, by way of overdraft or otherwise, such sums as it may require for carrying out its functions under this Act: Provided that for any amount in excess of one hundred and twenty thousand euro (€120,000), there shall be required the Power to borrow or raise capital. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT written approval of the Minister. Advances from Government. 50. The Minister responsible for Finance may, after consultation with the Minister, make advances to the Authority of such sums as he may agree to be required by the Authority for carrying out any of its functions under this Act, and may make such a d v a n c e s o n s u c h t e r m s a n d c o n d i t i o n s a s h e m a y, a f t e r consultation as aforesaid, deem appropriate. Any such advance may be made by the Minister responsible for Finance out of the Consolidated Fund, and without further appropriation other than this Act, by warrant under his hand authorising the Accountant General to make such advance. Borrowing from Government. 51.

(1)The Minister responsible for Finance may, for any requirements of the Authority of a capital nature, contract or raise loans, or incur liabilities, for such periods and on such terms and conditions as he may deem appropriate and any sums due in respect of or in connection with any such loan or liability shall be a charge on the Consolidated Fund.

(2)Notice in writing of any loans, liabilities or advances made or incurred under the foregoing provisions of this article shall be laid on the Table of the House as soon as practicable.

(3)Pending the raising of any such loan as is mentioned in subarticle

(1), or for the purpose of providing the Authority with working capital, the Minister responsible for Finance may, by warrant under his hand, and without further appropriation other than this Act, authorise the Accountant General to make advances to it out of the Treasury Clearance Fund under such terms as may be specified by the Minister upon the making thereof.

(4)The proceeds of any loan raised for the purposes of making advances to the Authority and any other monies to be advanced to the Authority under this article, shall be paid into a fund specially established for the purpose and which shall be known as the "Malta Competition and Consumer Affairs Authority Loan Fund".

(5)Sums received by the Accountant General from the Authority by way of repayment of advances made to the Authority under sub-article

(3)shall be paid into the Treasury Clearance Fund and sums received by the Accountant General by way of interest on such advances shall be paid into the Consolidated Fund. Estimates of the Authority. 52.

(1)The Authority shall cause to be prepared in every financial year, and shall not later than four weeks before the end of such year adopt, estimates of the income and expenditure of the Authority for the following financial year distinguishing, in particular, between each of such entities as may be established under the provisions of this Act: Provided that the estimates for the first financial year of the Authority shall be prepared and adopted within such time as the Minister may by notice in writing to the Authority specify.

(2)In the preparation of such estimates, the Authority shall take account of any funds and other monies that may be due to be paid to it out of the Consolidated Fund during the relevant financial MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT year, whether by virtue of this Act or of an appropriation Act or of any other law and it shall so prepare the said estimates as to ensure that its total revenues are at least sufficient to meet all sums properly chargeable to its revenue account including, but without prejudice to the generality of that expression, depreciation.

(3)The estimates shall be made out in such form and shall contain such information and such comparison with previous estimates as the Minister responsible for Finance may direct.

(4)A copy of the estimates shall, upon their adoption by the Authority, be sent forthwith to the Minister and to the Minister responsible for Finance.

(5)The Minister shall, at the earliest opportunity and not later than six weeks after he has received a copy of the estimates from the Authority, approve the same with or without amendment after consultation with the Minister responsible for Finance. 53.

(1)No expenditure shall be made or incurred by the Authority unless provision therefor has been made in the estimates approved as provided in article 52.

(2)Expenditure to be according to approved estimates. Notwithstanding the provisions of sub-article

(1)(

1. a)until the expiration of six months from the beginning of a financial year, or until the approval of the estimates for that year, whichever is the earlier date, the Authority may make or incur expenditure for carrying on its functions under this Act not exceeding in the aggregate one half of the amount approved for the preceding financial year; (
2. b)expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister, given after consultation with the Minister responsible for Finance, be made or incurred in respect of another head or sub-head of the estimates; (
3. c)in respect of the first financial year, the Authority may make or incur expenditure until the approval of the estimates for that year not exceeding in the aggregate such amounts as the Minister responsible for Finance may, after consultation with the Minister allow; and (
4. d)if in respect of any financial year it is found that the amount approved in the estimates is not sufficient or a need has arisen for expenditure for a purpose not provided for in the estimates, the Authority may adopt supplementary estimates for approval by the Minister, and in any such case the provisions of this Act applicable to the estimates shall as near as practicable apply to the supplementary estimates. 54. The Minister shall, at the earliest opportunity and not later than eight weeks after he has received a copy of the estimates and supplementary estimates of the Authority, or if at any time during that period the House is not in session, within eight weeks from the beginning of the next following session, cause such estimates to be Publication of approved estimates. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT laid on the Table of the House. Accounts and audit. 55.

(1)The Authority shall cause to be kept proper accounts and other records in respect of its operations, and shall cause to be prepared a statement of accounts in respect of each financial year.

(2)The accounts of the Authority shall be audited by an auditor or auditors to be appointed by the Authority with the concurrence of the Minister responsible for finance and shall moreover be subject to scrutiny by the Financial Management Monitoring Unit, and audit by the Internal Audit and Investigations Directorate and the Auditor General as the case may be.

(3)The Authority shall not later than six weeks after the end of each financial year present to the Minister through the Permanent Secretary an audited statement of accounts together with a copy of any report made by the auditors on that statement or on the accounts of the Authority.

(4)The Minister shall cause a copy of such statement and report to be laid before the House not later than six weeks after its receipt or, where the House is not in session, not later than the second week after the House resumes its sittings. Deposit of revenues and payments by the Authority. 56.

(1)All monies accruing to the Authority shall be paid into a bank or banks appointed as bankers of the Authority by resolution of the Authority. Such monies shall, as far as practicable, be paid into any such bank from day to day, except such sum as the Authority may authorise to be retained to meet petty disbursements and immediate cash payments.

(2)All payments out of the funds of the Authority, other than petty disbursements not exceeding a sum fixed by the Authority, shall be made by such officer or officers of the Authority as shall be appointed or designated for that purpose.

(3)Cheques against and withdrawals from any bank account of the Authority shall be signed by such officer of the Authority as may be appointed or designated by the Authority for that purpose and shall be countersigned by the Chairman or such other member or officer as may be authorised by the Authority for that purpose.

(4)The Authority shall also make provision with respect to: (

1. a)the manner in which and the officer or officers by whom payments are to be authorised or approved; (
2. b)the title of any account held with the bank or banks into which its monies are to be paid, and the transfer of funds from one account to the other; and (
3. c)the method to be adopted in making payments out of its funds, and generally with respect to any matter which is relevant to the proper keeping and control of the accounts and books and the control of its finances. Contracts of supply or works. 57. The Authority shall not award or enter into any contract for the supply of goods or materials or for the execution of works, or for the rendering of services, to or for the benefit of the Authority, except in accordance with regulations in force regulating the MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT procurement of all goods and services in the public sector. 58. The Authority shall, not later than six weeks after the end of e a c h f in a n c i a l ye a r, pr e s e n t t o th e M in is te r t hr o ug h t h e Permanent Secretary a report dealing generally with the activities of the Authority during that financial year, distinguishing, in particular, between each of such entities as may be established under the provisions of this Act and containing such information relating to the proceedings and policy of the Authority as the Minister may from time to time require: Annual Report. Amended by: XLV.2021.27. Provided that with reference to such report, the sections relating to the Office for Competition shall include information about the appointments and dismissals of the Director General and the Directors, the amount of resources that were allocated in the relevant year, and any changes in that amount compared to previous years. Such report shall be made available to the public. 59. The Minister shall cause a copy of the report presented to him in terms of article 58 to be laid before the House not later than six weeks after its receipt or, where the House is not in session, not later than the second week after the House resumes its sittings. Laying of Annual Report before the House. PART XII TRANSFER OF CERTAIN ASSETS TO THE AUTHORITY 60.

(1)(

1. a)The property and undertakings owned by the Consumer and Competition Department, Malta Standards Authority and Malta National Laboratory Company Limited and used by any one of them, immediately before the date of the coming into force of this Part of this Act, or owned by the Government, and used by any of the said Department, Authority or Company for the operation of any of the functions which by this Act are being transferred to or vested in the Authority shall, on the date aforesaid, by virtue of this Act and without further assurance, be transferred to and be vested in the Authority under the same title by which they were used or held by the said Department, Authority or Company immediately before the said date. (
2. b)The immovable assets from time to time specified in an order made by the President of Malta and published in the Gazette, hereinafter referred to as "the immovable assets", being immovable assets which, immediately before the coming into force of this Part, were owned by the Government and used by it for the exercise of any of the functions which by this Act are being transferred to or vested in the Authority shall, with effect from such day as may be specified in any such order, and by virtue of this Act and without any further assurance, be transferred to and vested in the Authority under the same title by which they were held by the Government before such day.

(2)The transfer and vesting aforesaid shall extend to the whole of such property and undertakings and, without prejudice to the Transfer of assets to the Authority. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT generality of the aforesaid, shall include all plant, equipment, apparatus, instruments, vehicles, crafts, buildings, structures, installations, land, works, stocks and other property, movable or immovable, assets, powers, rights and privileges and all things necessary or ancillary thereto which are held or enjoyed in connection therewith or appertaining thereto, as well as all obligations affecting or relating to any of the aforesaid property or undertakings or other thing included therein as aforesaid. Construction of laws and related matters. 61.

(1)Subject to the provisions of this Act, all laws, rules, regulations, orders, judgments, decrees, awards, deeds, bonds, contracts, agreements, instruments, documents, warrants and other arrangements, subsisting immediately before the date of the coming into force of this Part, affecting or relating to any of the properties or undertakings transferred to the Authority by or under this Act, and in which the Government or a Government authority is a party thereto or is named therein, shall have full force and effect against or in favour of the Authority, and shall be enforceable freely and effectually, as if instead of the Government or governmental authority the Authority had been named therein or had been a party thereto, and otherwise in substitution of the Government or governmental authority.

(2)Any reference in any law to the Office for Fair Competition, Department of Consumer Affairs, Consumer and Competition Department, Malta Standards Authority and the Malta National Laboratory Company Limited shall be read and construed as a reference to the Authority and, or to any of the entities as may be established under this Act, as the case may require. Transitory provisions. 62.

(1)When anything has been commenced by or under the authority of the Government, the Consumer and Competition Department, the Malta Standards Authority and the Malta National Laboratory Company Limited prior to the date of the coming into force of this Part, and such thing relates to any of the properties or undertakings or any right or liability transferred to the Authority by or under this Act, such thing may be carried on and completed by or as authorised by the Authority.

(2)Where, immediately before the coming into force of this Part of the Act, any legal proceedings are pending to which the Government, the Consumer and Competition Department, the Malta Standards Authority and the Malta National Laboratory C o m p a n y L i m i t e d i s o r i s e n t i t l e d t o b e a p a r t y, a n d s u c h proceedings are related to any of the properties or undertakings, or any right or liability transferred by or under this Act, the Authority shall, as from the date aforesaid, be substituted in such proceedings for the Government or for the aforesaid Department, Authority or Company, as the case may be, or shall be made a part thereto in like manner as the Government, any such Department, Authority or Company could have become a party as aforesaid, and such proceedings shall not abate by reason of the substitution.

(3)The Minister may, by order, make such incidental, consequential and supplemental provisions as he may deem necessary or expedient for the purpose of determining, as MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT appropriate, the assets transferred to the Authority by this Act and securing and giving full effect to the transfer of any property or undertaking or any right or liability to the Authority by this Act and make such orders as may be necessary to make any powers and duties exercisable by the Government, the Consumer and Competition Department, the Malta Standards Authority and the Malta National Laboratory Company Limited in relation to any of the transferred property or undertakings exercisable by or on behalf of the Authority. PART XIII MISCELLANEOUS 63. For the purposes of the Criminal Code and of any provision of a penal nature in any other law, the members of the Board, officers and employees of the Authority, shall be deemed to be public officers. Persons deemed public officers. 64.

(1)For the purposes of this article "acts" means any request for information, measure, order, direction, statement, decision or other forms of communication issued by the Authority. Service of acts of the Authority. Amended by: XVI.2019.65; XVII.2023.51.

(2)Where the Authority is required to, or decides to, notify its acts under this Act, the Competition Act, the Consumer Affairs Act or under any other Act, or regulations made thereunder, it shall do so in any of the following ways: (

1. a)by delivering it to the person or by leaving it at the address at which the person ordinarily resides or carries on business or place of work or postal address of such person with a member of his family or household or with a person in his service or his attorney or person authorised to receive his mail: Provided that it shall not be lawful to leave such copy with any person under the age of fourteen years, or with any person who, on account of infirmity of mind, is unable to give evidence of such service. A person shall be presumed to be able to give such evidence unless the contrary is proved; and no objection may be raised on the ground of irregularity of the service for any of those reasons, if it is shown that the copy has actually reached the person to be served therewith: Provided further that where a person to whom a notice is addressed refuses to receive it personally from an officer of the Authority, the Civil Court may upon an application by the Authority and after hearing the officer of the Authority and considering all the circumstances of the incident, declare that such service shall have been effected on the day and time of the refusal and such declaration shall be considered as a proof of service for all purposes of law; (
2. b)by sending it by registered post to the person at the address at which the person ordinarily resides or carries on business; or MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT (
3. c)if an address for the service of notices has been provided by the person, by leaving it at, or sending it by registered post addressed to the person to that address; or (
4. d)in any case where the Authority considers that the immediate delivery of the act is required, by sending it, by means of a facsimile machine or by electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the person ordinarily resides or carries on business or, if an address for the service of acts has been furnished by the person, that address, provided that the facsimile machine of the Authority generates a message confirming successful transmission of the total number of pages of the notice or the facility of the Authority for the reception of electronic mail generates a message confirming receipt of the electronic mail: Provided that the provisions of paragraph (
5. d)shall not apply to the notification of documents filed before the Civil Court or any court.

(3)If it appears from the employee charged with the service of an act that, although it does not result that the person upon whom such an act is to be served is abroad and access to his place of residence cannot be obtained, or his place of residence is not known, the Civil Court, upon an application by the Authority, may direct service to be effected by the posting of a copy of the act at the place, in the town or district in which official acts are usually posted up, and by publishing a summary of such act in the Gazette and in one or more daily newspapers as the Civil Court may direct, and where possible, when the residence is known, by posting up a copy of the act on the door leading to such residence. The Civil Court may also adopt such other measures as it may deem fit to bring the act to the attention of the person upon whom the same is to be served. In such cases, service shall be deemed to have been made on the third working day after the date of last publication or after the date of such posting, whichever is the later. In cases where service has been ordered with urgency, service shall be deemed to have been made at such time, after posting or publication as the Civil Court may determine, which time is to be stated in the publication or posting.

(4)In the case of a body having distinct legal personality, service on such body shall be effected by leaving a copy of the act: (

1. a)at its registered office, principal office, or place of business or postal address of the person or persons vested with the legal or judicial representation thereof or by any company secretary or with an employee of such body; or (
2. b)with the person or persons vested with the legal or judicial representation thereof or by any company secretary in the manner provided for in sub-article

(2). MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT

(5)The provisions of this article shall also apply with respect to the notification of acts issued by the entities of the Authority under this Act or any other law enforced by them. 65.

(1)The Minister, after consultation with the Board, as the case may be, may from time to time make regulations: Power of Minister to make regulations. (

1. a)prescribing fees or charges that may be charged by the Authority under this Act or any other Act, or regulations made thereunder which it administers; (
2. b)providing for additional methods of effecting service of acts of the Authority or altering or removing any of the methods prescribed under article 64; (
3. c)generally for the better carrying out of the objects and purposes of this Act, or any other Act, or regulations made thereunder administered by the Authority; (
4. d)prescribing the mark or symbol that is to be used to indicate conformity with any standard, technical regulations and code of practice as indicated in article 24; (
5. e)prescribing the manner and form in which any application for a conformity mark shall be made, the information which such application is to contain, and the fees payable in respect thereof; (
6. f)prescribing the manner and form in which permits shall be issued by the Authority and the fees payable in respect thereof; (
7. g)providing for the publication of draft standards and the manner in which the public can make representations thereon to the Authority; and (
8. h)prescribing for other matters that are or may be prescribed under this Act or any other Act, or regulations made thereunder applied by the Authority.

(2)Notwithstanding any provision in any other Act or regulations, where the Minister under such Act or regulations is empowered to make regulations on matters falling within the competence of the Authority, the Minister shall, without prejudice to any other consultation required under such Act or regulations, consult the Board. 66.

(1)There shall be established the Directorates as listed in the Fourth Schedule, which shall have the responsibilities as described therein. The Minister may, after consulting the Board, by Order in the Gazette, abolish any one or more of the said Directorates, vary their responsibilities and establish such other Directorate as he may from time to time deem appropriate: Provided that the Board may, temporarily or for a specific purpose, au tho rise the Director G eneral heading the entity concerned, to allow that a particular function of one Directorate be performed by another Directorate within the same entity, should this be expedient for the proper exercise of that function or for that specific purpose. Establishment of Directorates. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT

(2)Each Directorate, so established, shall be headed by a person who shall be in possession of recognised professional qualifications and experience in relation to the area of operation of such Directorate and who shall be appointed by the Board, following consultation with the Minister, for a period of three years and such period may be extended for further periods of three years each: Provided that the first head of each Directorate shall be appointed by the Minister.

(3)The Director General of each respective entity shall(a) without prejudice to article 5

(4), assume full responsibility for the overall supervision and control of the Directorates within that entity; (

1. b)assign to each Directorate within that entity such duties which are by, or in accordance with, the provisions of this Act vested in each Directorate; and (
2. c)co-ordinate the workings of the Directorates within that entity. Responsibilities of Directorates. 67. In carrying out their responsibilities, the Directorates shall assist the Director General of the entity concerned to discharge effectively and efficiently the responsibilities of that entity in their respective area of operation. Language of regulations. 68.

(1)Regulations which are required to be made under the provisions of this Act, may be made in the English language only where the use of the Maltese language would be difficult due to the technical terminology adopted.

(2)In the event of conflict or incompatibility between the Maltese and English texts of any regulations made under this Act, the English language version shall prevail. Administrative fines. Transitory provisions in relation to the Competition Act and the Consumer Affairs Act. Substituted by: XVI.2019.67. Amended by: XLIV. 2021.21; XLV.2021.28. 69. Deleted by XVI.2019.66. 70.

(1)The provisions of the Competition Act and of the Consumer Affairs Act, existing prior to the 23rd May 2011, shall continue to apply, as the case may be, to all: (

1. a)investigations pending before the Director of the Office for Fair Competition and the Director of Consumer Affairs, as substituted by the Director General (Competition) and the Director General (Consumer Affairs); (
2. b)proceedings pending before the Commission for Fair Trading and the Consumer Affairs Appeals Board, as substituted by the Competition and Consumer Appeals Tribunal and further substituted by the Civil Court; the Consumer Claims Tribunal and the courts; and (
3. c)decisions and judgments which are not yet res judicata. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT

(2)The provisions of the Competition Act and of the Consumer Affairs Act, existing after the 23rd May 2011, but prior to the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019 shall also continue to apply, as the case may be, to all: (a) proceedings which started after the date mentioned in sub-article

(2), and which are still pending at the time of the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019, including appeals from decisions of the Competition and Consumer Appeals Tribunal pending before the Court of Appeal before the Competition and Consumer Appeals Tribunal substituted by the Civil Court; the Consumer Claims Tribunal and the courts; and (b) decisions and judgments which have been delivered after the 23rd May 2011 and which were not yet res judicata at the time of the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019: Provided that the provisions of the Competition Act and of the Consumer Affairs Act existing after the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019, shall apply to investigations which commenced after the 23rd May 2011 and which are still pending before the Director General (Competition) and before the Director General (Consumer Affairs): Provided further that the provisions of the Consumer Affairs Act existing after the entry into force of the Consumer Affairs Act and other Laws (Amendment) Act, 2021, shall apply to investigations commenced by the Director General (Consumer Affairs) after such entry into force, and to judicial proceedings filed by the Director General (Consumer Affairs) according to article 12

(5)of the Consumer Affairs Act at the conclusion of these investigations: Provided further that with regard to appeals from any decision of the Competition and Consumer Appeals Tribunal, the Commission for Fair Trading or the Consumer Affairs Appeals Board which are still pending before the Court of Appeal after the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019, the appellant shall have twenty days from the abovementioned date, or twenty days from the first hearing of such appeals, whichever is later, to file any further grounds of appeal on points of fact.

(3)For the purposes of sub-article

(1): Act No. XLIV of 2021. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT (

1. a)the Director General (Competition) shall be vested with the powers of the Director of the Office for Fair Competition as provided for in the Competition Act; and (
2. b)the Director General (Consumer Affairs) shall be vested with the powers of the Director of Consumer Affairs as provided for in the Consumer Affairs Act, prior to the 23rd May 2011.

(4)For the purposes of sub-article

(1)(b), the Civil Court shall be vested with the powers of: (

1. a)the Commission for Fair Trading as provided for in the Competition Act; and (
2. b)the Consumer Affairs Appeals Board as provided for in the Consumer Affairs Act, prior to the 23rd May 2011.

(5)For the purposes of sub-article

(2): (

1. a)the Director General (Consumer Affairs) shall be vested with the powers of the Director General (Consumer Affairs) as provided for in the provisions of the Consumer Affairs Act; and (
2. b)the Director General (Competition) shall be vested with the powers of the Director General (Competition) as provided for in the provisions of the Competition Act, existing after the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019: Act No. XLIV of 2021. Act No. XLIV of 2021. Provided that the provisions of the Consumer Affairs Act existing after the entry into force of the Consumer Affairs Act and other Laws (Amendment) Act, 2021 shall apply to investigations commenced by the Director General (Consumer Affairs) after such entry into force, and to judicial proceedings filed by the Director General (Consumer Affairs) according to article 12

(5)of the Consumer Affairs Act at the conclusion of these investigations.

(6)For the purposes of sub-article

(2)(a) the Civil Court shall be vested with the powers of the Competition and Consumer Appeals Tribunal as provided for in the provisions of the Competition Act, in the Consumer Affairs Act, and in the Malta Competition and Consumer Affairs Authority Act, existing prior to the coming into force of the Competition Act and Consumer Affairs Act and other Laws (Amendment) Act, 2019.

(7)The provisions of article 12A of the Consumer Affairs Act, existing prior to the entry into force of the Consumer Affairs Act and other Laws (Amendment) Act, 2021, shall continue to apply to any undertaking obtained prior to the said entry into force of the Consumer Affairs Act and other Laws (Amendment) Act, 2021. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT "

(8)The provisions of the Competition Act as amended by virtue of the Competition Act and the Malta Competition and Consumer Affairs Authority (Amendment) Act, 2021 shall not apply to investigations instituted by the Director General (Competition) and to any judicial proceedings filed by the Director General (Competition) in accordance with the Competition Act before the entry into force of the Competition Act and the Malta Competition and Consumer Affairs Authority (Amendment) Act,

2. Regulations made under the Malta Standards Authority Act shall continue to be in force as if made under the provisions of this Act and may be amended and revoked accordingly. Regulations.
3. National standards shall be designated as SM XXX:YYYY, where XXX is an integer number and YYYY the year of adoption. National standards. Act No. XLV of
4. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT FIRST SCHEDULE (ARTICLE 44) FORM OF OATH I, ............................ swear/solemnly affirm that I will fully and honestly fulfil my duties as an officer of the Authority in conformity with the requirements of the Malta Competition and Consumer Affairs Authority Act 2011, and any other laws that the Authority administers and of all orders made thereunder, and that I will not, except in the performance of my duties under that Act and such other laws and orders, disclose or make known during my service as an officer within such Authority or at any time thereafter, any matter which comes to my knowledge relating to any person, household or undertaking by reason of my service as an officer within such Authority. So help me God. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT SECOND SCHEDULE (ARTICLE 37) RULES OF PROCEDURE RELATIVE TO THE COMPETITION AND CONSUMER APPEALS TRIBUNAL Deleted by XVI.2019.
5. Substituted by: XVI.2019.69; XLIV.2021.
6. MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT THIRD SCHEDULE (ARTICLE 18) LIST OF EU LEGISLATIVE ACTS FOR THE PURPOSES OF WHICH THE OFFICE FOR CONSUMER AFFAIRS IS THE NATIONAL COMPETENT AUTHORITY
7. Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.
8. Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers.
9. Council Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.
10. Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/
12. Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No. 2006/2004 of the European Parliament and of the Council (Unfair Commercial Practices Directive).
13. Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/ EEC.
14. Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
15. Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (only with regard to Articles 1, 2c, 4 to 8 thereof).
16. Regulation (EU) No. 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No. 2006/
18. Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT sea and inland waterway and amending Regulation (EC) 2006/
20. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (with regard to Article 20 thereof).
21. Regulation (EC) No. 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (with regard to Articles 23 and 24 thereof).
22. Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
23. Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution f