32.
| (1) Subject to the following provisions of this sections the Commissions any modify the conditions of a generation, transmission or distribution licence if the licensee does not consent to the modifications. |
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| (2) Before making any modification under this section, the commission shall investigate the following questions :-
| | (a) whether any matters which relate to the generation transmissions (including the procurement and sale of electricity in bulk) distribution or supply of electricity under a licence operate, or may be expected to operate, against the public interest ; and | | |
| | (b) if so whether those matters could be remedied or presented by modifying the conditions of the relevant licensee. | | |
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| (3) In its report to the Minister the Commission shall set out the following -
| | (a) the effects adverse to be public interest which it thinks the matters specified in the report have or may be expected to have ; and | | |
| | (b) proposed modifications of the conditions of the relevant licence by which in its opinion. Those effects could be remedied or presented. | | |
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| (4) The Commission may at any time, by notice to the Minister, revise the report provided under this section by adding to, or excluding matters from, such report. |
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| (5) To assist the Minister in the consideration of the report, Commissions shall give to the Minister -
| | (a) any information the Commission has relating to matters within the scope of the investigation conducted by it and which the Minister required or which the Commissions thinks it would be appropriate for the Minister to have ; and | | |
| | (b) any other assistance which the Commissions is able to give in relations to matters with the scope of such investigation and which is requested by the Minister. | | |
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| (6) As soon as practicable after preparing a report under this section, the Commissions shall -
| | (a) serve a copy of the report on the relevant licensee ; and | | |
| | (b) publish particular of the report in such manner as it considers appropriate for bringing them to the attention of persons likely to be affected by them. | | |
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| (7) A licensee may within twenty days of service of a copy of the report on the licensee make any representations to the Minister, which the Minister shall take into consideration in making his or her decision. |
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| (8) Within thirty five days of receiving the report under subsection (2), the Minister shall advise the Commission, in writing either to give effect to the proposed modifications, or as the case may require, not to give effect to the proposed modification. Where the Minister advises the Commissions to give effect to the proposed modifications, the Commissions shall make such modification to the conditions of the relevant licence as appear to the Commission to be necessary for the purpose of remedying or preventing the effects adverse to the public interest which have been identified in the report. |
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| (9) The minister shall, when advising the Commission under subsection (8). State his or her reasons for his or her advice and shall have regard to the objectives set out in section 4. |
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| (10) The Commission shall send a copy of the Minister's advice to the licensee to whom it relate and publish the advice in such manner, as it considers appropriate for bringing the advice to the attention of persons likely to be affected by it. As soon as practicable after making modifications under this section the Commissions shall send a copy of the modifications to the licensee and to the Minister. |
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| (11)
| | (a) A licensee shall have the right of appeal to the Court of Appeal against any modification made under this section. | | |
| | (b) The Supreme Court Rules relating to appeals to the Supreme Court from the court of appeal or other court or tribunal (rule 28 of the Supreme Court Rules of 1990 or such provisions of law as would correspond to such rule ) shall mutatis mutandis, apply to all matters connected with the filing, hearing and disposal of an appeal preferred under this section. | | |
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Sri Lanka Consolidated Acts