S.L. 441.7 Art. 2Interpretation.

In these regulations, unless the context otherwise requires:

"the Act" means the Trading Licences Act;

"agricultural marketing centre" means a marketing centre established by the Agricultural Marketing Centres Regulations; "ailing parents, partner, or children" means parents, partner, son or daughter who are ill; "alcoholic beverage" means an alcoholic beverage falling under headings 22.03, 22.04, 22.05, 22.06, 22.07 and 22.08 of the Customs Tariff as set out in the First Schedule to the Import Duties

Act; "the Bank" means the Central Bank of Malta established by article 3 of the Central Bank of Malta Act; "beneficial owner" shall have the same meaning as assigned to it under the Prevention of Money Laundering and Funding of Terrorism

Regulations; "branch" means premises of a credit reference agency, other than its head office, from which all or some of the business of a credit reference agency is undertaken;

"bread" means staple food made from flour or meal mixed with other dry and liquid ingredients, usually combined with a leavening agent, and kneaded, shaped into loaves, and baked; "business model" means a step-by-step plan of action on how revenues and profits will be generated by a credit reference agency, as well as the services it plans to offer, including the expenses it will incur;

"the busker" means a person who produces on site and sells a work of art;

"CBM Directive No 15" means the Central Bank of Malta Directive No 15 entitled ‘Supervision of Credit Reference Agencies’; "Central Credit Register" means the Register established under article 24 of the Central Bank of Malta Act; "commercial partnership" shall have the same meaning as assigned to it under the Companies Act and shall include a company formed and registered under the Companies Act; "company" has the same meaning assigned to it by article 2 of the Companies Act;

"credit information" means a collection of public and non-public information and other related information, including Central Credit Register data, which when assessed, assembled and evaluated indicates the creditworthiness of a legal or natural person; "credit reference agency" means any undertaking licenced by the Trade Licensing Unit in terms of regulation 47A, the main business of which is to prepare, assemble and evaluate credit information and related credit and risk management services on legal and natural persons for the purpose of issuing credit scores to be furnished to third parties, provided that a credit reference agency is not precluded from carrying out other related tasks;

"credit score" means a measure of creditworthiness derived from credit information and which must under pain of nullity include data derived from the Central Credit Register; "critical operations" means any operations relating to the credit scoring and credit information granting services that, if interrupted, can put the business of a credit reference agency at risk, including, but not limited to financial loss, damage, interruption or a breach of security; "date of the ceasing of operations" means, in the case of a manufacturing activity as well as in the case of a wholesale and, or retail activity, the day when the last sale is made while in the case of provision of services it means the day when the last service for a charge is provided; "dealer in precious metals and stones" means any person who conducts the following operations:

(a) manufacture of jewellery and related articles where related articles in this case consists of;

(i) production of worked pearls;

(ii) production of precious and semi-precious stones in the worked state, including the working of industrial quality stones and synthetic or reconstructed precious or semi-precious stones;

(iii) working of diamonds;

(iv) manufacture of jewellery of precious metal or of base metals clad with precious metals, or precious or semi-precious stones, or of combinations of precious metal and precious or semi-precious stones or of other materials;

(v) manufacture of goldsmiths’ articles of precious metals or of base metals clad with precious metals including articles for religious use;

(vi) manufacture of technical or laboratory articles of precious metal (except instruments and parts thereof): crucibles, spatulas, electroplating anodes etc.

(vii) manufacture of precious metal watch bands, wristbands, watch straps and cigarette cases;

(b) precious metals production;

(c) retail sale of watches and jewellery, precious stones and precious metals in specialised stores where the main line of activity is the selling of watches, jewellery, precious stones and/or precious metals;

(d) retail sale of watches and jewellery, precious stones and precious metals in stores where the main line of activity is not the selling of watches and jewellery;

(e) wholesale of watches and jewellery;

(f) wholesale of gold and other precious metals;

(g) wholesale of precious stones. "door-to-door seller" means a person who offers the provision or supply of any type of goods or services in connection with commercial activities listed in Part 1 of the First Schedule of these regulations by means of a doorstep contract, whether the offer is unsolicited by the person to whom it is made, or is solicited by the latter person in response to any advertisement, but does not include vendors of food stuffs and drinks who sell their goods from door-to-door; "Farmers’ Market" means a market established in terms of the Farmers’ Markets Regulations;

''Financial Intelligence Analysis Unit'' shall have the same meaning as assigned to it in the Prevention of Money Laundering Act;

"form" means both a paper form and a form in an electronic format; "indemnity policy" means an insurance policy issued according to documented terms and conditions, provided by a reputable insurance company; "legal entity identifier" means a unique identifier consisting of a 20-character alpha-numeric code, which allows for the identification of legally independent entities in global financial markets; "legal organisation" has the same meaning assigned to it by article 1

of the Second Schedule of the Civil Code; "licence" or "trading licence" means a licence or trading licence pursuant to article 10 of the Act; "market hawker" means an individual who is licensed under the Act to sell by retail from any allocated site within the precincts of an open-air market;

"Member State" means a Member State of the European Economic Area;

"the Minister" means the Minister responsible for commerce; "open-air market" means any one of the markets listed under the Third Schedule; "operational policies" means any framework policies and practices of the credit reference agency; "partner" means a person who is or was married to the licensee or who is or was bound by a civil union with the licensee in terms of the Civil Unions Act; "person" means a natural or legal person; "person of the legal profession" means an advocate, a notary public or a legal procurator;

"personal data" has the same meaning assigned to it by article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

"police certificate" means a comprehensive police certificate or statement, issued by a national law enforcement authority or other public authority in charge of criminal records, on the status of an applicant’s criminal record; "precincts" means the established physical boundaries of a specific premises; "street hawker" means an individual who is licensed under the Act to sell by retail from any street by means of a vehicle or render a service as the Minister may specify, other than an open-air market; "street" shall have the same meaning assigned to it in the Activities Requiring Permit by Local Councils Regulations; "supervisory authority" means the Bank. "Trade Licensing Unit" means the unit within the Commerce Department responsible for trade licensing and includes the public officer responsible for trade within the Department and, to the extent of any authority given, includes any other officer within the Department; "vehicle" means any means of transport whether mechanically or self-propelled.