PART I PRELIMINARY Short title
1. This Act may be cited as the Electric Light and Power Act, 2013. Interpretation
2. In this Act, affiliate, in relation to a body corporate, has the meaning assigned to it by
section 440 of the Companies Act, Cap. 308, business day means a day other than a Saturday, Sunday or public holiday, Chief Technical Officer means the Chief Technical Officer in the Ministry responsible for Works, Commission means the Pair Trading Commission established by section 3 of the Fair Trading Commission Act, Cap. 326B, Committee means the Electric Light and Power Advisory Committee established by section 4, connected, in relation to a grid, means having a point of delivery in respect of the grid, control has the meaning assigned to it by section 441 of the Companies Act, Cap. 308, cumulative installed capacity, in relation to more than one generation system,means the sum of the installed capacity of the systems, electricity means electric voltage, electric current, electric energy or any like agency, electric line means a wire, conductor or other apparatus used for the purpose of conveying, transmitting or distributing electricity, with any casing, coating, covering, tube, pipe or insulator enclosing, surrounding or supporting the same, or any part thereof, or any apparatus connected therewith, for the purpose of conveying, transmitting or distributing electricity, generation system means a system for the generation of electricity, grid means a system for the generation, transmission, distribution and supply of electricity, grid code means the minimum technical and commercial requirements to be satisfied by a person who owns, controls or operates a grid or supplies electricity to, or receives electricity from, a grid, installed capacity means the sum of the maximum rated electric output of each generator in a generation system, as determined by the manufacturer of the generator, license means a license issued pursuant to section 6, licensee means a person who holds a license, Minister means the Minister to whom responsibility for Energy is assigned, point of delivery means the physical point at which a generation system is attached to a grid for the purpose of metering, public grid means the grid to which the public has access for the supply of electricity, public utility means the person who owns, controls or operates the public grid, renewable energy means any form of energy that is replenished by natural processes at a rate that equals or exceeds its rate of use and includes solar energy, wind energy and energy from geophysical and biological sources, service provider has the meaning assigned to it by section 2 of the Fair Trading Commission Act, Cap. 326B, telecommunications has the meaning assigned to it by section 2 of the Telecommunications Act, Cap. 282B, telecommunications network has the meaning assigned to it by section 2 of the Telecommunications Act, Cap. 282B, telecommunications service has the meaning assigned to it by section 2 of the Telecommunications Act, Cap. 282B, works includes electric line,? and any buildings, machinery, engines, equipment or other things required to supply electricity. PART II LICENSING license required for supply of electricity in certain cases (1) No person shall supply electricity to another except in accordance with a license issued to the person. (2) Subsection (1) does not apply to a person who supplies electricity to the public grid where the cumulative in,stalled capacity of the generation systems owned, controlled or operated by the person for the supply of electricity does not exceed the amount set out in paragraph 1 of the First Schedule. (3) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of 100 000 or to imprisonment for 2 years or to both and where the offence is a continuing one, to a further fine of 10 000 for every day or part of a day during which the offence continues after a conviction is first obtained. Advisory Committee (1) There is hereby established a committee to be called the Electric Light and Power Advisory Committee. (2) The Second Schedule applies to the constitution of the Committee and otherwise in relation thereto. (3) The functions of the Committee are to (a) consider and make recommendations to the Minister in respect of applications for the issue or renewal of licenses or for approval of assignments of licenses or of rights thereunder, and (b) advise the Minister on any other matter relevant to the administration of this Act. (4) A member of the Committee shall be paid such remuneration as the Minister determines. Application for license (1) A person may, in such form as may be approved by the Minister, apply to the Minister for a license to supply electricity. (2) An applicant shall submit with his.application (a) such information and documents as the Minister may require to determine whether a license should be issued to the applicant, and (b) such fee as may be prescribed. (3) Where the applicant is the public utility or proposes to operate a generation system the installed capacity of which equals or exceeds the amount set out in paragraph 2 of the First Schedule, the applicant shall publish, in at least 2 daily newspapers, at least twice at intervals of 2 weeks, notice of his application in such form and manner and with such particulars as the Minister may direct or approve. (4) An applicant to whom subsection (3) applies shall not be issued a license until (a) a period of 3 months from the date of the first publication of notice of his application pursuant to subsection (3) has expired, and (b) an opportunity has been given to all interested parties, during the period specified in paragraph (a), to make representations or objections to the Minister in relation to the application. Issue of license (1) The Minister may, upon payment of such fee as may be prescribed, issue to a person who satisfies the requirements of subsection (3), a license granting a non exclusive right to supply electricity for any purpose within any area and for such period as the Minister considers appropriate in the circumstances. (2) In determining whether to issue a license to an applicant, the Minister shall (a) consider the recommendation of the Committee in relation to the applicant, and (b) take into account, where relevant (i) the current and projected demand for electricity, (ii) the cumulative installed capacity of (A) the generation systems that are a part of, or are connected to, the public grid, (B) the generation systems of licensees, and (C) the renewable energy generation systems that are a part of, or are connected to, the public grid, and of each type of renewable energy generation system, classified according to the source of renewable energy utilised, and (iii) the purposes of this Act, being, among other things, to promote the generation of electricity from sources of renewable energy and to enhance the security and reliability of the supply of electricity. (3) The Minister shall not issue a license pursuant to subsection (1) unless he is satisfied that (a) the facility and location intended to be used pursuant to the license is safe and adequate for the purpose, (b) the applicant possesses (i) the financial capacity to build and maintain tlie facility, (ii) the technical capability to operate the facility safely, reliably and efficiently, and (iii) the capacity to prevent or minimise any damage to the environment that may arise out of the operations to be conducted under the license, ' (c) any planning permission required under the Town and Country Planning Act, Cap. 240 has been obtained, and (d) the issue of a license to the applicant would not result in the cumulative installed capacity of the renewable energy generation systems of all licensees being in excess of suoh amount as may be prescribed by the Minister, by Order, after consultation with the Chief Electrical Officer and the Commission. Terms and conditions of license (1) The Minister may provide in a license (a) the limits within which, and the conditions under which, electricity may be supplied including whether (i) any of the provisions of Part III apply to the licensee, (ii) electricity is to be generated only from sources of renewable energy, (b) measures for securing (i) a safe, regular and efficient supply of electricity, and (ii) the safety of the public from personal injury and from fire or other danger, (c) for the prevention and mitigation of damage to property in connection with the supply and use of electricity, (d) for inspection of the business of a licensee, (e) for the enforcement of the performance by the licensee, of his obligations, by the imposition of penalties or otherwise, and (f) such other conditions as the Minister considers appropriate in the circumstances. (2) A license is subject to the following terms and conditions where applicable (a) electric lines placed above or under the ground for the supply of electricity shall be adequately protected to the satisfaction of the Chief Electrical Officer and, where such Insulation is found to be inadequate, defective or worn, shall be immediately repaired or replaced, (h) poles and other structures to be used for the support of electric lines and that are in close proximity to a road shall be placed only in such positions as are in accordance with the standards approved by the Chief Technical Officer, (c) a licensee shall not permit any part of a circuit to be connected with earth except so far as may be necessary for carrying out the obligations under his license or this Act, unless the connection is (i) approved by the Chief Electrical Officer, and (ii) made in accordance with the conditions, if any, of the approval. (3) The Chief Electrical Officer shall, in imposing conditions pursuant to subsection 2)(c), have due regard to any existing use of earth connections for the purpose of telecommunications. Amendment of license (1) The Minister may amend a license • (a) with the agreement of the licensee, or (b) where the licensee breaches a condition of the license or of this Act. (2) ' Notwithstanding subsection (1 )(b) the Minister shall not amend a license without giving the licensee written notice of the intended action and the reason for it, and an opportunity to make representations in relation thereto. Renewal of license and notification of changes (1) A license may be renewed, upon payment of suoh fee as may be prescribed, for such period as the Minister considers appropriate in the circumstances. (2) A licensee shall notify the Minister where (a) control of the licensee is transferred, or ' (b) there is a material change in the circumstances of the licensee that impacts upon the ability of the licensee to conduct operations under his license. Assignment of license etc (1) A licensee may, subject to subsection (4), assign his license or any rights thereunder where the prior written approval of the Minister is first obtained, and the assignment shall be deemed to be a license issued pursuant to this Act. (2) The Minister shall, within 60 days of receipt of an application for approval under subsection (1), determine the application and notify the licensee in writing of his decision. (3) For the purpose of determining an application referred, to in subsection (2), the Minister (a) may require such information and documents as may be necessary to enable him to determine whether the proposed assignee is a suitable person to hold a license, and (b) shall take into account whether the proposed assignee satisfies the requirements of this Act for the issue of a license. (4) Where it is proposed to assign a license or any rights thereunder to a person other than an affiliate of the licensee, the Crown shall have the right of first refusal. (5) Where a dispute arises under this section, the dispute shall be determined by a judge in Chambers. (6) A licensee shall not, by virtue of an assignment referred to in subsection (1) , be relieved of any obligations and liabilities which the licensee incurred prior to the assignment. , (7) A person who contravenes subsection (1) is guilty of an offence and is liable on conviction on indictment (a) in the case of the public utility, to a fine of 10 000 000, and (b) in any other case, to a fine of 100 000, . Revocation of license 11,(1) The Minister may revoke a license where (a) the licensee (i) made false statements of material facts or committed fraud in the application for the license, or (ii) wilfully or negligently failed to conduct, in accordance with this Act and the terms and conditions of the license, the operations in respect of which the license was issued, or (b) the Minister is satisfied that there is other just and reasonable cause for revoking the license. (2) Notwithstanding subsection (1), the Minister shall not revoke a license without giving the licensee written notice of the intended action and the reason for it, and an opportunity to make representations in relation thereto. Register of licenses and renewable energy generation systems (1) The Minister shall cause to be maintained a register that contains (a) a duplicate of each license issued, (b) a list of the renewable energy generation systems installed in Barbados, whether pursuant to a license or otherwise, that includes the source of renewable energy utilised by, and the installed capacity of, each system, and (c) such other information as the Minister considers appropriate for the purposes of this Act. . (2) The register shall be open to public inspection,
PART III INTERCONNECTION AND TARGETS FOR ELECTRICITY SUPPLY FROM SOURCES OF RENEWABLE ENERGY Interconnection
(1) The public utility shall, in accordance with subsection (2), make interconnection services available to (a) another licensee, or (b) another person who owns, controls or operates a renewable energy generation system, at the request of the other licensee or person.
(2) Interconnection services referred to in subsection (1) shall be (a) offered at points along the public grid subject to . (i) the approval of the Chief Electrical Officer, (ii) such agreement between the parties as may be approved by the Commission for the purpose, and ' (iii) the payment of such fee as may be specified by the public utility and approved by the Commission in respect of interconnection, (b) made available (i) on terms and conditions that are reasonable, transparent and non discriminatory, and (ii) within a reasonable time.
(3) The public utility shal I purchase electricity from a licensee or other person referred to in subsection (1) at such rate as may be agreed by the parties and approved by the Commission.
(4) Where parties fail to agree on the terms and conditions of an Agreement referred to in this section or a dispute arises in respect of such an agreement, any patty may, in writing, refer the matter to the Commission for determination.
(5) Subsections (1), (2) and (3) are conditions of any license issued for the operation of the public grid. Targets for supply of electricity from sources of renewable energy
(1) The Minister may, by Order, after consultation with (a) the public utility, (b) the Committee, , (c) the Commission, and (d) such other persons as the Minister may deem appropriate, prescribe the minimum and maximum amounts of electricity to be permitted by the public utility to be supplied to the public grid.
(2) Without prejudice to the generality of subsection (1), minimum and maximum amounts may be prescribed for electricity generated (a) from different sources of renewable energy, and (b) on different types of premises, whether domestic, commercial or otherwise.
PART IV POWERS, OBLIGATIONS AND RESTRICTIONS IN RESPECT OF ELECTRICITY SUPPLY Power to break up streets etc.
(1) Subsections (2) to (9) apply to (a) the public utility, and (b) any other licensee, where the Minister so provides in his license.
(2) Subject to subsections (3) and (4) and to the terms and conditions of his license, a licensee may, for the purpose of supplying electricity or for any matter related to such purpose (a) open and break up any street, road, bridge or pavement, (b) open and break up any sewer, drain or tunnel within, under or along any street, road, bridge or pavement, (c) lay down pipes, conduits, machinery and other apparatus, and (d) do such other things as he considers necessary or expedient in connection with paragraphs (a) to (c).
(3) A licensee shall not undertake an activity referred to in subsection (2) unless he (a) gives to the Chief Technical Officer, 21 days' written notice of his intention to undertake the activity, and (b) obtains the consent of the Chief Technical Offi9er for the activity.
(4) Where a licensee intends to undertake an activity referred to in subsection (2), the licensee shall give to the owners or occupiers of the premises that are likely to be affected by the activity, 7 days' written notice of his intention to undertake the activity. .
(5) Notwithstanding subsections (3) and (4), where an emergency arises, the licensee may commence an activity referred to in subsection (2) without complying with subsections (3) and (4) but shall as soon as possible after (a) the necessity for the activity has arisen, or (b) the activity is begun, notify tire persons referred to in subsections (3) and (4) of the activity.
(6) Where the owners or occupiers referred to in subsection (4) cannot be identified or located after the licensee made reasonable efforts so to do, Ihe licensee shall publish notice of the activity referred to in subsection ( 2) in at least 2 daily newspapers and the owners or occupiers shall be taken to have been thereby notified.
(7) A licensee shall (a) fence any portion of any street, road, bridge or pavement that is broken up, and (b) provide adequate warning devices to indicate the fact of disrepair.
(8) A licensee shall, without unnecessary delay, restore to the satisfaction of the Chief Technical Officer, any streets, roads, bridges, pavements, sewers and like structures that he disturbs pursuant to subsection (2). •
(9) Where a licensee (a) fails to fence or provide adequate warning devices, or (b) delays in making restoration, as required by subsection (7) or (8), as the case may be, the Chief Technical Officer may carry out the necessary work and recover from the licensee, all reasonable expenses incurred ill carrying out the work.
(10) A person who, without reasonable excuse, hinders or obstructs an employee or agent of a licensee in the conduct of an activity pursuant to this
section is guilty of an offence and is liable on summaiy conviction to a fine of
(11) Nothing in this Act authorises a licensee to cany out an activity referred to in subsection (2) in respect of a street, road, bridge or pavement or a sewer, drain or tunnel within, under or along any street, road, bridge or pavement, that is not repairable by the Chief Technical Officer, without the consent of the person by whom it is repairable. Power to alter positions of pipes and wires 16.(1) Subsections (2) and (3) apply to' (a) the public utility, and (b) any other licensee, where the Minister so provides in his license.
(2) Subject to this Act, the Utilities Regulation Act, Cap. 282 and his license, a licensee may alter the position of any pipes or wires that (a) are under or upon any sheet or place that the licensee is authorised to break up, and (b) may interfere with the exercise of the powers of the licensee under this Act.
(3) A licensee shall (a) prior to altering the position of any pipes or wires, make or secure such compensation to the owner of the pipes or wires, and (b) comply with such conditions as to the mode of making the alterations referred to in paragraph (a), as may, prior to the commencement of the alterations, be agreed upon by the licensee and the owner of the pipes or wires.
(4) Any dispute with respect to the compensation or conditions referred to in subsection (3) shall be referred to the Commission for determination.
(5) Any other person may, in the same manner as that provided for a licensee in subsections (2) and (3), alter the position of any pipes or wires of a licensee that (a) are under or upon any street or place that the person is authorised to break up, and (b) may interfere with the lawful exercise of any power vested in the person. Restrictions on works above ground
(1) Notwithstanding anything in tins Act, a licensee shall not, without the consent of the Chief Technical Officer, place an electric line above ground and along, over or across a street.
(2) Where a licensee contravenes subsection (1), the Chief Technical Officer may (a) require the licensee forthwith to remove the electric line placed contrary to that subsection, or (b) remove the electric line and recover from the licensee, the expense of such removal.
(3) Where a licensee places an electric line above ground in any position, a magistrate may, on the application of the Chief Technical Officer, if the magistrate is satisfied that the line is, or is likely to become, dangerous to the public, order the removal of the line by such person and upon such terms as he thinks fit, Restrictions on placement of electric lines etc.
(1) Where (a) an electric line or other work is laid down or erected in, over, along, across or under a street for the purpose of supplying electricity, or in any other position for such purpose, in such a manner as not to be entirely enclosed within a building or buildings, or (b) an electric line or other work laid down or erected as described in paragraph (a) is used for the purpose of supplying electricity otherwise than in pursuance of a license, the Minister may, if he thinks fit, by written notice to be served upon the person who owns, uses or is entitled to use the electric line or other work, require that the line or other work be continued and used only in accordance with such conditions and subject to such measures for the protection of the public and the telecommunications network as the Minister may, by or in pursuance of the notice, determine.
(2) Where a person fails to comply with the conditions or measures referred to in subsection (1), the Minister may require the person to remove the electric line or work.
(3) Subsection (1) does not apply to an electric line or other work laid down or erected by an owner or occupier of premises in order for electricity generated upon the premises to be supplied to another part of the premises. Restrictions on use of electric lines
(1) Where an electric line or other work is used for the supply of electricity in such a manner as adversely to affect the telecommunications network or telecommunications service, the Minister may, by written notice to be served upon the person who owns, uses or is entitled to use the electric line or work, require that the supply be continued only in accordance with such conditions and measures for the protection of the network and service,, as the Minister may, by or in pursuance of the notice, determine.
(2) Where a person fails to comply with the conditions or measures referred to in subsection (1), the Minister may require the supply of electricity through the electric line or other work forthwith to be discontinued.
(3) Subsection (1) does not apply to an electric line or other work laid down or erected and used for the supply of electricity in accordance with a license. Service of section 18 or 19 notice
(1) A notice authorised to be served upon a person pursuant to section 18 or 19 may be served (a) personally, or Q ) by ' (i) courier service, (ii) post, (iii) facsimile, (iv) electronic mail, or (v) such other method as may be prescribed by the Minister by Order.
(2) A notice served by post shall be deemed to have been served at the time when the letter containing the notice would be delivered in the usual course of post, and in proving such notice, it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post. Penalty for failure to comply with section 18 or 19 notice
(1) A person who, without reasonable excuse, fails to comply with the requirements of a notice served upon him pursuant to section 18 or 19 is guilty of an offence and is liable on summary conviction to a fine of 10 000 or to imprisonment for 2 years or to both.
(2) A magistrate may, in addition to any fine imposed pursuant to subsection (1), order the removal of any electric line or other work specified in the notice, by such person and upon such terms as the magistrate thinks fit. Protection of property of government, licensees and service providers
(1) A licensee shall not lay down an electric line or do any other work for the supply or use of electricity whereby the telecommunications network or the pipes or other works of the Crown or of other licensees or service providers are or may be adversely affected.
(2) Before an electric line is laid down or any work is done within 9 feet of any part of the telecommunications network or of the pipes or other works of the Crown or of Other licensees or service providers (other than the repairs or the laying of connections with mains where the direction of the electric lines so laid down crosses the lines of the telecommunications network or the pipes or other works of other service providers, at right angles at the point of shortest distance and continues the same for a distance of 6 feet on each side of such point), the licensee shall, not morethan 28 nor less than 7 business days before commencing such work, give written notice to the Minister or the other licensees or service providers affected, asrthe case may be, specifying the course and nature of the work including the gauge of any electric lines.
(3) The licensee shall comply with any reasonable requirements, whether general or specific, as may be made by the Minister or the other licensees or service providers, as the case may be, for the purpose of preventing the telecommunications network or the pipes or works of the Crown or of the other licensees or service providers from being adversely affected by the work.
(4) Any dispute with respect to a requirement referred to in subsection (3), between the licensee and the Minister or the other licensees or service providers, shall be referred to a judge in Chambers for determination.
(5) A licensee who contravenes subsection (1), (2) or (3) is guilty of an offence and is liable on summary conviction to a fine of 1 000 for every day during which such contravention continues or, if telecommunications or the supply of water or gas is wilfully interrupted, 5 000 for every day on which such interruption continues.
(6) It is a defence to a charge under subsection (5) for a person to prove that (a) the immediate execution of the works was required to avoid an accident or was otherwise a work of emergency, and (b) he forthwith served on the Minister or on the other licensees or service providers affected, as the case may be, written notice of the execution thereof, stating the reason for executing the same without previous notice,
(7) For the purposes of this section, the telecommunications network or the pipes or works of the Crown or of other licensees or service providers shall be deemed to be adversely affected by a work if telecommunications or the supply of water or gas by means of such pipes or works is, whether b.y induction or otherwise, in any manner affected by the work or by any use made of the work. Use of electrieity
(1) Subject to section 25, a licensee shall not control or interfere with the manner in which the electricity he supplies is used.
(2) No person shall (a) use the electricity supplied to him for any purpose, or (b) deal with the electricity in any manner, so as unduly or improperly to interfere with the electricity supplied to another.
(3) Any dispute arising out of subsection (1) or (2) between a licensee and a person entitled to be supplied with electricity under this Act shall be referred to the Commission for determination. Power of entry, inspection etc.
(1) A licensee may, at any reasonable time, enter any premises to which he supplies or has supplied electricity, to (a) inspect the electric lines, meters, capacitors, fittings, works and apparatus for the supply of electricity, belonging to the licensee, (b) ascertain the quantity of electricity consumed or supplied, or (c) remove any electric lines, meters, capacitors, fittings, works or apparatus belonging to the licensee, where a supply of electricity is no longer required or the licensee is authorised to discontinue the supply of electricity to the premises.
(2) A licensee shall repair any damage caused by an entry or inspection or the removal of anything pursuant to subsection (1), Discontinuation of electricity supply Notwithstanding anything contained in the Utilities Regulation Act, Cap. 282, where a person fails or refuses to pay a charge for electricity or any other sum payable by him to a licensee in respect of the supply of electricity to him, or engages in an act capable of affecting the safety, reliability, security or correct recording of the supply of electricity, the licensee may discontinue the supply of electricity and for the purpose, cut or disconnect any electric line or other work through which the electricity may be supplied until (a) the charge or other sum, together with any expenses incurred by the licensee in so cutting off the supply of electricity, is fully paid, and (b) all requirements for the safe restoration of an accurately metered supply of electricity are met. Electric lines not subject to distress in certain cases Electric lines, meters, capacitors, fittings, works or apparatus belonging to a licensee and placed on premises not in the possession of the licensee for the purpose of supplying electricity shall not be subject to removal or disconnection by a landlord or to distress or any other remedy of a landlord for rent of the premises against any person in whose possession the premises may be. Damaging work with intent to cut off supply A person who, without lawful excuse (a) damages an electric line or other work with intent to cut off a supply of electricity, or (b) tampers with an electric line or other work and the tampering results in the disruption of service or the incorrect measurement or recording of the amount of electricity used or impacts on safety, is guilty of an offence and is liable on summary conviction to a fine of 50 000 or to imprisonment for 2 years or to both.
PART V MISCELLANEOUS Saving of certain privileges
(1) Subject to subsection (2), nothing in this Act or in a license shall (a) affect the exclusive right of the Crown in respect of telecommunications services, (b) authorise or enable any person to (i) transmit any message, (ii) perform any of the incidental services of receiving, collecting or delivering messages, or (in) give to any other person any power, authority or facility of any kind whatever in connection with the transmission of messages or the performance of any of the incidental services of receiving, collecting or delivering messages.
(2) Subsection (1) shall not apply in respect of communications that are directly transmitted along electric lines solely for the purpose of the management of the grid. Fees A licensee shall pay to the Accountant General in respect of a license issued under this Act, such annual fee as may be prescribed. Recovery of penalties, fees and expenses Any (a) penalty imposed pursuant to this Act, (b) fee payable pursuant to section 29 that remains unpaid for a period of 3 months after the date on which it becomes payable, or (c) expense incurred by the Chief Technical Officer pursuant to section 15(9) or 17(2), is recoverable as a debt due to the Crown in civil proceedings before a magistrate for District A notwithstanding that the amount sought to be recovered exceeds the normal monetary limit on the jurisdiction of the magistrates' courts. Grid Code The public utility shall, subject to the approval of the Commission and the Chief Electrical Officer, issue a grid code. Review of decisions
(1) A person who is aggrieved by a decision of the Minister under this Act may, within 14 days of being notified of the decision, apply for a review of the decision.
(2) The filing of an application pursuant to subsection (1) does not operate as stay of the decision unless the Minister so provides,
(3) The Minister may, on a review of a decision, confirm, modify or reverse the decision or any part of the decision, and, where such a decision may not be made without a hearing, the decision shall not be reviewed without a further hearing. Minister may make Regulations etc
(1) The Minister may make Regulations for (a) the form and manner in which an application for the issue or renewal of a license or for approval of an assignment of a license or of a right thereunder is to be made, (b) the information and documents to be submitted with an application, (c) the publication of such notices and advertisements as may be required in respect of an application, (d) the manner in which and the time within which representations or objections in relation to an application are to be made, (e) the holding, in such cases as the Minister thinks fit, of enquiries in relation to applications, (j) tla fees to be paid in respect of applications for and licenses issued under this Act including different fees for different classes of license and different annual fees in respect of different classes of license, (g) the limits within which and the conditions under which electricity is to be provided, (h) securing (i) a safe, regular and efficient supply of electricity, (ii) the protection of the public from personal injury, nuisance, fire and other danger, (i) for the prevention and mitigation of damage to property in connection with the supply of electricity, (j) for the inspection of the business and facilities of a licensee, (lc) for enforcement of the performance by the licensee, of his obligations by the imposition of penalties or otherwise, and (I) any other matter necessary or convenient to give effect to this Act.
(2) The Minister may, by Order, amend the First and Second Schedules. Application of certain Acts
(1) This Act shall be read together with the Fair Trading Commission Act, Cap. 326B and the Utilities Regulation Act, Cap. 282.
(2) The Fair Trading Commission Act shall apply in respect of any dispute referred to the Commission under this Act. Repeal of Cap. 278
(2) Notwithstanding subsection (1), the Orders set out in the First, Second and Third Schedules to the Electric Light and Power Act Cap. 278 and the Electric Light and Power Order, 1981 (S.I. 1981 No. 216) (a) shall continue in force to the extent that they were in force prior to the commencement of this Act, and (b) may be amended or revoked by the Minister, by Order, as if they were Orders made under this Act.
(3) Notwithstanding section 3, for as long as the Orders set out in the First, Second and Third Schedules to the Electric Light and Power Act, Cap. 278 continue in force, the public utility shall not be held to be in breach of that section and shall be treated for the purposes of this Act as if it were a licensee under this Act.
(4) Nothing in subsection (1) or (2) shall restrict any right given to, or remove any obligation imposed on, the public utility under this Act, and where there is a conflict between the Orders set out in the First, Second and Third Schedules to the Electric Light and Power Act, Cap. 278 and this Act, this Act shall prevail. Consequential amendments The enactment set out in the first column to the Third Schedule is amended in (he manner set out opposite thereto in the second column. Commencement This Act shall come into operation on a day to be fixed by Proclamation. FIRST SCHEDULE (Section 3) INSTALLED CAPACITY 1. The installed capacity is, for the purpose of section 3(2) (a) 5 kilowatts for systems used for the generation of electricity for domestic purposes only, and (b) 100 kilowatts for systems used for the generation of electricity for any other purpose. 2, For the purpose of section 5(3), the installed capacity is 1 megawatt. SECOND SCHEDULE (Section 4) ELECTRIC LIGHT AND POWER ADVISORY COMMITTEE 1. The Committee shall comprise (a) ex officio (i) the Permanent Secretary in the Ministry with responsibility for Energy, (ii) the Chief Energy Conservation Officer, (iii) the Chief Electrical Officer, (iv) the Chief Town Planner, and (b) 5 persons appointed by the Minister by instrument in writing from among persons qualified and experienced in accounts, engineering or law or such other area as, in the opinion of the Minister, is relevant to the discharge of the functions of the Committee. 2. The Minister shall appoint a person to be Chairman and another to be Deputy Chairman, of the Committee, 3. A member of the Committee, other than an ex officio member (a) shall, subject to this Schedule, hold office for a term of 3 years and is eligible for reappointment, and (b) may resign his office by instrument in writing addressed to the Minister, transmitted through the Chairman, and from the date of the receipt of the instrument by the Minister, unless some other date is mentioned in the instrument, shall cease to be a member. 4. The Minister may by instrument in writing (a) appoint a person to act temporarily in the place of a member appointed by him where the member is temporarily absent or unable to act, (b) revoke the appointment of a member appointed by him where he is satisfied that the member is (i) incapacitated physically or mentally to such an extent as to impair his ability to perform his duties or is otherwise unable or unfit to perform his duties, or (ii) is guilty of serious misconduct in relation to his duties. 5. A person who is appointed to fill a vacancy created by the death, resignation or removal from office of a member holds office only for the unexpired term of the member. 6. The appointment, resignation, death or removal from office of a member shall be notified in the Official Gazette. 7. The Committee shall meet at such times as may be necessary or expedient for the transaction of business, and such meetings shall be held at such places and times and on such days as the Committee determines. 8. Five members of the Committee shall constitute a quorum. 9. The Chairman, or in his absence, the Deputy Chairman, shall preside at meetings of the Committee. 10. Where die Chairman and the Deputy Chairman are absent from a meeting, the members present shall elect a member from among their number to preside at the meeting. 11. Decisions of die Committee shall be by a majority of votes, and where the voting is equal, the Chairman or other person presiding at the meeting shall, in addition to an original vote, have a casting vote. 12. The Minister may by instrument in writing appoint a person to perform the functions of secretary to the Committee. 13. All documents made by, and all decisions of, the Committee may be signified under the hand of the Chairman or any member of the Committee authorised to act in that behalf or by the secretary of the Committee, 14. Subject to this Schedule, the Committee may regulate its own procedure. THIRD SCHEDULE (Section 36) CONSEQUENTIAL AMENDMENTS Column 1 Column 2 Enactment Amendments Fair Trading Commission 1, In section 4 Act, Cap. 326B (a) delete subsection (1) and substitute the following
(1) The functions of the Commission are to (a) enforce the Utilities Regulation Act,Cap 282., (b) enforce any laws relating to consumer protection and fair competition which the Commission has jurisdiction to administer, and (c) discharge the functions with whichit is charged under the Electric Light, and Power Act, 2013, Act 2013 21., (b) in subsection (3) (i) in paragraph (j), delete the word and in the second placewhere it appears, THIRD SCHEDULE (Cont'd) Column 1 Enactment Fair Trading Commission Act, Cap. 326B (Cont'd) Column 2 Amendments (ii) in paragraph (k), delete the full stop and substitute thewords and, and (iii) insert after paragraph (k), the following (I) hear and determine disputes referred toit pursuant to the Electric Light and Power Act, 2013, Act2013 2L, in subsection (5) (i) in paragraph (b), delete the word and, (ii) in paragraph (c), delete the full stop and substitute thewords and, and (iii) insert after paragraph (c), the following (d) in the Electric Light and Power Act,2013, Act 2013 21., and in subsection (6), insert after the word Act in the second place where it appeal's, the words the Electric Light and Power Act, 2013, Act20I3 2L. Column 1 Enactment Fair Trading Commission Act, Cap. 326B (Concfd) Column 2 Amendments 2. In section 5(1), delete the words and the UtilitiesRegulation Act, Cap. 282. and substitute the words the Utilities Regulation Act and the Electric Light and Power Act, 2013, Act 2013 21.. 3. In section 6(3) (a) in sub paragraph (it), delete the word and, (b) insert after sub paragraph (ii), thefollowing (iii) such provisions of the Electric Lightand Power Act, 2013, Act 2013 21 as relate to the functions of the Commission, and, and (c) renumber sub paragraph (iii) as sub paragraph
