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Enemalta Act (Cap. 272) Consolidated

CHAPTER 272

ENEMALTA ACT

To provide for the establishment of a body corporate to be known as Enemalta, and for the exercise and performance by or on behalf of such body of functions relating to the acquisition, transformation, manufacture, distribution and sale of sources of energy and the production, generation, distribution and sale of energy; to provide for the transfer to the said body of certain installations, equipment or other property; and to make provision in respect of matters ancillary thereto or connected therewith.

1st October, 1977;
1st February, 1978

ACT XVI of 1977, as amended by Acts XXIX of 1979, XIII and XVII of 1983, XVI of 1987, XXXIV of 1989, XXIII of 1991, XV of 1995, XVI of 1997, XXV of 2000, XXII of 2005, and XXVII and XXXII of 2007; Legal Notice 423 of 2007; Act XV of 2009; and Legal Notice 41 of

2010.

ARRANGEMENT OF ACT

SCHEDULE

PART I

PRELIMINARY

Short title 1. The title of this Act is the Enemalta Act.

Interpretation. Amended by: XXIX. 1979.3; XXIII. 1991.53; XXVII. 2007.3; XXXII. 2007.8.

2. (1) In this Act, unless the context otherwise requires -

"app aratus" i n rel a tion to el ectrical ener gy, includes all machines, consuming devices and fittings in which conductors are used or of which they form part;
"appointed day", in relation to the provisions of Part IV of this
Act, means the day on which article 25 comes into force;
"Board" means the Board of Directors established by article 5;
"chairman", " d e p uty chairman" and "membe rs " mean the chairman, the deputy chairman and a member, respectively, of the Board;
''Chief Executive Officer'' means the Chief Executive Officer appointed in accordance with article 5;
"con ducto r" means an elect r ical cond uctor ar ran g ed t o b e electrically connected to a system;
"consumer", in relation to electrical energy, means a person to whom or to who s e accoun t electri c al ener gy i s su ppli e d by Enemalta;
"Corporat ion" m e an s t h e cor poration k nown as Enemalt a established by article 3;
"electrical energy" means elect rical en ergy when generate d, t r ansm itted , sup p li ed or used f o r any pur pose except the transmission of any communication or signal;
"electrical materials" includes electrical apparatus;
"Enemalt a" means the corporati on kn own by that n a m e and established by article 3;
''energy'' means all for m s of commercially av ailable energ y, including electricity, natural gas (including liquefied natural gas and liquefied petroleum gas), any fuel for heating and cooling (inc luding distri ct he ating and cooling), coal and li gnite, pe at, transport fuel (excluding aviation and foreign bunker fuels) and biomass as defined in Directiv e 200 1/77/EC of t h e E u ro pe a n Parliamen t an d of t h e Council o f 27th September 2001 on th e promotion of electricity produced from renewable energy sources in the internal electricity market;
''ener gy audi ts'' m eans a system atic pro cedur e th at ob tain s adequate knowledge of the existing energy consumption profile of a building or group of buildings, of an industrial operation and, or installation and of a private or public service, that identifies and quantifies cost-effective energy savings opportunities, and reports and findings;
'' en er gy ef fici ency' ' means a rat i o b e tw een an ou tput of performance, service, goods or energy, and an input of energy;
''energy efficiency improvement'' means an increase in energy end-use efficiency, due to technological, behaviou ral and, or economical changes;
''energy efficiency improvement programmes'' means activities that focus on groups of final customers and that normally lead to ve ri fia b l e an d m e a s urab l e or estima ble ener gy ef fic i ency improvement;
''energy serv ice'' m eans the ph ysical ben e fi t, ut il ity or g ood de rive d from a c o m b ination of ener gy with ener gy ef ficie n t technology and, or with action, which may include the operations, maintenance and control necessary to deliver the service, which is delivered on the basis of a contract and in normal circumstances has proven to lead to verifiable and measurable or estimable energy efficiency improvement and, or primary energy savings;
''final customer'' means a natural or legal person that purchases energy for his own end-use;
"financial year'' means the period of twelve months ending on the
31st December:
Provided that the financial year which commenced on the 1st Octo ber, 2 007 shall be fo r a perio d of fi fteen mo nth s and shal l terminate on the 31st December, 2008;
"gas" means all hydrocarbons in gaseous form whether in their natural state or obtained from petroleum or produced chemically;
"Gas Board" means the Gas Board established by the Gas Act,
1952 *;
"installatio n' ' means the whole of any plant or apparatu s, designed for the acquisition, supply, storage, use or distribution of any electrical energy or of petroleum, together with all necessary plant, buildings, land and pipelines whether surface, underground or marine in connection therewith, and, in relation to electrical en er gy, in cl ud es p r i m e m o vers, su pp l y li n e s an d co ns um i n g apparatus, if any;
"main" means a supply line through which electrical energy is or can be supplied, whether such line is in use or not;
"Mal ta Electricity Board" means the Malta Electricity Board established by the Electricity Act, 1963†;
"the Minister" means the Minister responsible for Enemalta and to the extent of any authority given, includes any person authorized by the said Minister in that behalf;
"off icer" and "servant" in relation to Enemalta includes any public officer detailed for duty with the Corporation;
"petroleum" means all natural hydrocarbons whether in liquid or gaseou s form , includi ng cru de oil, li quefied petrol eum g as and natural gas, and whether in a crude or natural state or in a processed or refined form;

*Repealed by this Act.

†Repealed by this Act.

Cap. 174. Cap. 355.

"p remi ses" in clu d es lands, b u il din g s, ho uses and any other structure whatsoever;
"prescribed" means prescribed by regulations, rules or orders made under or kept in force by this Act;
"private safety" means the obviation of danger to individuals or to private property;
" pu bl ic safet y" m ean s th e ob vi at io n of dan ge r t o th e gen eral public, to public property, and to streets, docks, wharves, piers, bridges, gas-works, wa ter- work s and their appu rtenanc e s a n d telegraphic, telephonic or other electrical signalling lines;
"street" includes any road, alley, square, path, lane, court, passage, open space or other place of public thoroughfare;
"supply line" means a conductor or conductors or other means of conveying, transmitting or distributing electrical energy, together with any casing, coating, covering, tube, pipe insulator or part enclosing, surrounding or supporting the same or any part thereof, or any building or apparatus connected therewith, for the purpose of transforming, conveying, transmitting or distributing electrical energy;
"system", in relation to electrical energy, means an electrical system in which all the conductors or apparatus are electrically or magnetically connected;
"transferred undertaking" means an undertaking to which article
25 applies in accordance with the provisions of that article;
"Trea s ury Clearance Fund" means the Fund establishe d by section 32 of the Financial Administration and Audit Act;
"Water Se rvices Corporation" means the Wa ter Services Corporation as defined by the Water Services Corporation Act, or, unless otherw ise provi ded, any other corporation or authority replacing that Corporation.
(2) Any reference in this Act to regulations, rules or orders made under this Act shall include a reference to regulations, rules or orders kept in force by this Act.

PART II

Establishment and functions of Enemalta. Amended by: XXIII.1991.53; XXV. 2000.36; XXVII. 2007.4;

XV. 2009.49.

CONSTITUTION, FUNCTIONS AND COMPOSITION OF ENEMALTA

3. (1) There is hereby established a corporation to be known as Enemalta.

(2) Subject to the provisions of this Act, and to any requirement under any other law, Enemalta shall have the following functions under this Act:
(a) the generation, purchase, acquisition, transmission, transfer, distribution and supply of electrical energy;
(b) the importation, purchase, acquisition, manufacture, bottling, holding, storage, distribution, sale, export or
any other disposal of petroleum in any form thereof, including bunkering;
(c) the delivery of energy services, energy efficiency improvement programmes and other energy efficiency improvement measures to the final customer; and
(d) the promotion of efficiency in the use of energy.
(3) Subject to the provisions of this Act, and to any requirement under any other law, it shall be the duty of Enemalta, for the purpose of carrying out its functions under this Act:
(a) to develop and maintain an efficient system;
(b) to manage and operate all undertakings and other installations and all property, transferred to and vested in Enemalta by virtue of this Act or otherwise acquired by the Corporation;
(c) to establish, manage and operate such installations, as Enemalta may consider expedient to establish, manage or operate;
(d) to provide the harnessing, generation and use of other sources and forms of energy;
(e) to advise the Minister on all matters relating to any of its functions under this Act.
(4) For the purposes of any of its functions, Enemalta may, subject to the provisions of this Act, and to any requirement under any other law:
(a) acquire, construct, reconstruct, maintain and operate all appropriate installations;
(b) acquire any property which the Corporation considers necessary or expedient for the purpose of constructing, extending or maintaining any installation;
(c) hold and administer and, if and when it thinks fit, realize any assets it may hold from time to time;
(d) do all acts and things necessary, including the opening and breaking up of the surface of any street:
Provided that the opening and breaking up of the surface of any street for any of the purposes aforesaid shall not be undertaken without the approval of the Authority for Transport in Malta;
(e) carry on, whether as principal or as agent or as a contractor, all such other activities as may appear to Enemalta requisite, advantageous or convenient to be carried on for or in connection with the performance or attainment of any of the functions of the Corporation under this Act or in order to make the best use of the assets of the Corporation;
(f) open branches and appoint agents and correspondents in Malta and abroad;
(g) exercise, perform, discharge and delegate all such

Cap. 423.

Cap. 156. Cap. 194.

rights, powers, duties and functions as are by or under this Act vested in or assigned to the Corporation;
(h) do all such acts as may be necessary or conducive for the proper performance or attainment of its functions;
(i) do all such other acts as are incidental to or consequential upon the exercise, performance and discharge of its powers, duties and functions under this Act or for the attainment of the functions of the Corporation.
(5) For the purpose of its functions under this Act, and with the written authority of the Minister, Enemalta may grant to any third party of its choice the right to carry on or engage in or perform, w h eth e r i n w hol e or in part , and whether as operator , co ncessionaire, manag e r, agent, i ndepen d ent cont racto r or otherwise, any functions, ac tivities, oper a tions, dut ies or tran sact io ns wh ich En em al ta is a u thorised and empowered or obliged to carry on or engage in or perform under or in accordance with the Act:
Provided that this subarticle shall not be interpreted as exempting any person so authorized by Enemalta from complying with the requirements of any other law.
(6) In carrying out its functions at law, Enemalta shall:
(a) ensure that it is in possession of any licences, permits or authorisations howsoever described as it is required to have at law and that it abides with any conditions as may be imposed in any such licences, permits or authorisations;
(b) be subject to and abide by any laws, orders, directives, standards, and other legal requirements howsoever described, as may be imposed by or under the Malta Resources Authority Act or any other law;
(c) carry out such functions directly through its officials or employees or indirectly through contractors, or other agents no matter how appointed as long as they are properly authorized and for such purpose the Corporation may issue such agents with such authority that the Corporation may deem necessary, insofar as such appointment is not inconsistent with any requirement imposed by any law and, or authorisation, howsoever described.
(7) The provisions of this article shall not affect any right, power or authority conferred by a licence issued pursuant to the Petroleum (Production) Act, or pursuant to that Act and to that Act as applied by the Continental Shelf Act.
(8) Any authorisation or licence howsoever described that Enemalta enjoys in virtue of this article shall expire on the coming into force of any requirement under this Act or any other law to obtain any other authorisation or licence howsoever described for any or all the purposes listed in subarticle (2)(a) or (b) insofar as
the said requirement refers to one or any of the purposes so listed.

4. (1) Enemalta shall be a body corporate having a distinct legal personality and shall be capable, subject to the provisions of this Act, of entering into cont racts, of acquiring, holdi ng and disposing of any kind of property for the purposes or attainment of its functions, of suing and being sued, and of doing all such things and entering in to all such tran sactions as are incidental or co nduciv e to t h e exercise or perform a nce or attain ment of i t s functions under this Act, including the lending or borrowing of money.

(2) The legal representation of Enemalta shall vest in the chairman:
Provided that the Corporation may appoint any one or more of the other members of the Board or of the officers or servants of the Corporation to appear in the name and on behalf of Enemalta in any judicial proceedings and in any act, contract, instrument or other document whatsoever.
(3) Any document purporting to be an instrument made or issued by Enemalta and signed by the chairman on behalf of the Corporation shall be rece ived in evidence and s h a l l, until the contrary is proved, be deemed to be an instrument made or issued by Enemalta.

Legal personality and representation of Enemalta. Amended by: XXVII. 2007.5.

5. (1) There shall be a Board of Directors, which shall be responsible for the formulation and implementation of the policy and strategy of Enemalta and give to the Chief Executive Officer such directions as it deems fit.

(2) The Board shall consist of not less than three and not more than nine members appointed by the Minister. The Minister shall designate one of the appointed members as chairman and another such member as deputy chairman and such other member shall have all the powers and perform all the functions of the chairman during his absence or until a new chairman has been appointed following resignation, termination of appointment or death of the chairman.
(3) The Minister shall choose the members from among persons who appear to him to be qualified by reason of having had experience of, and shown capacity in, matters r e lating to the acqui si tio n, prod uctio n o r mark eti ng of ener gy or sources of energy, or to the organization of workers, industry, trade, finance or administration. The members shall receive, out of the funds of the Corporation, such remuneration as the Minister may from time to time determine.
(4) Subject to the provisions of this Act, and to any directions of the Board, the executive c ond uct o f t h e Corpo r atio n, i t s administration and organization and the administrative control of its officers and other employees shall be the responsibility of the Chief Executive Officer of the Corporation who shall also have such other powers as may from time to time be delegated to him by the Board.
The Chief Executive Officer shall be responsible for the

Establishment and composition of Board of Directors. Amended by: XVI.1987.2. Substituted by: XXVII. 2007.6.

implementation of the business plan and budget of the Corporation.
The Chief Executive Officer shall be responsible towards the Board of Directors and may be invited to attend and be heard at all meetings of the Board. He shall not, however, have a vote or be counted for the purpose of constituting a quorum.
S.L. 452.96 (5) A Works Council, in terms of the Employee (Information and Consultation) Regulations, shall be set up by the Corporation and the Chief Executive Officer shall ensure that it meets at least once a month.

Duration of appointment to Board of Directors. Amended by:

XVI. 1987.4; XXVII. 2007.8.

6. Subject to the provisions of articles 7 and 9, the members of the Board shall hold office for such period and on such terms and conditions as the Minister may deem appropriate; and a member shall, on ceasing to be a member, be eligible for re-appointment:

Provided that the M i nister may at any ti me ter m i n ate the appointment of any member of the Board if, in his opinion, such member is unfit to continue in office or has become incapable of properly performing his duties as a member of the Board.

Disqualification from being member of the

Board of Directors.

Amended by:

XVI.1987.5;

XXVII. 2007.9.

7. A person shall be disqualified for appointment to, or for remaining a member of, the Board if he -

(a) is a member of the House of Representatives, or
(b) has any financial or other interest in any enterprise or activity as is likely to affect prejudicially the discharge by him of his functions as a member of the Board.

Temporary retirement from sittings of the

Board of Directors.

Resignation from the Board and publication of appointment and termination of office.

Amended by: XVI. 1987.6.

8. Any member who has a direct or indirect interest in any contract made or proposed to be made by Enemalta, not being an interest which disqualifies such member from remaining a member, shall disclose the nature of his interest at the first meeting of the Board after the relevant facts have come to his knowledge; and after the disclosure has been recorded in the minutes of the Board, t h at m e mber sh all w ithdr aw f r om any m eeting at wh ich such contract is discussed or decided on by the Board.

9. (1) A member of the Board may resign his office by letter addressed to the Minister.

(2) The appointment or election of any person as member of the Board and the termination of office of any such member shall be notified in the Gazette.

Provisions with respect to proceedings of the Board.

10. (1) The meetings of the Board shall be called by the chairman, either on his own initiative or at the request of any two of the other members. Without prejudice to the other requirements of this Act, no decision shall be valid which is not supported by at least two members of the Board or which is taken at a meeting of the Board at which the chairman , or in his absence the deputy chairman, is not present.

(2) Half the number of members for the time being constituting the Board shall form a quorum at any meeting. Decisions shall be adopted by a simple majority of the votes of the members present
and voting. The chairman, or in his absence the deputy chairman, shall have an initial vote and, in the event of an equality of votes, a casting vote.
(3) Subject to the provisions of this Act, the Board may regulate its own procedure.
(4) Subject to the foregoing provisions of this article, no act or proceeding of the Board shall be invalidated merely by reason of the existence of any vacancy among the members.
(5) All acts done by any person acting in good faith as a mem b er of th e Bo ard shall be v a lid as if he were a member notw ith st andin g t h at som e d e fect i n h i s appo int m ent or qualification be afterwards discovered. No act or proceeding of the Board shall be questioned on the ground of the contravention, by a director, of the provisions of article 8.

11. Subject to the provisions of the Constitution and of any other enactment applicable thereto, and without prejudice to the other provisions of this Act, the appointment of officials and other employees of Enemalta shall be made in accor dance with such directives as may be established from time to time by the Minister after consulting the Minister responsible for finance.

12. (1) The Minister may, in relation to matters that appear to him to affect the public interest, from time to time give to the Corporation directions of a general or of a specific character, not inconsistent with the provisions of this Act, on the policy to be fo llo wed or ot her act ion t o b e t a ken in th e car ry ing o u t of th e functions vested in Enemalta by or under this Act, and the Board shall, as soon as practicable, give effect to all such directions.

(2) The Board shall afford to the Minister facilities for obtaining information with respect to the property and activities of Enemalta and furnish him with ret u rns, accounts and other information with respect thereto, and afford to him facilities for the verification of information furnished, in such manner and at such times as he may reasonably require.

Staff appointments. Substituted by: XXVII. 2007.10.

Powers of the Minister in relation to the Corporation and duties of the Board towards Minister.

13. (Deleted by XXVII. 2007.11.).

14. (1) Subject to the provisions of this Act and to any other requirement provided under any other law or in any authorisation, licence or permit howsoever described, Enemalta may -

(a) supply petroleum to such persons, in such manner and under such conditions as are deemed by the Corporation to be most advantageous;
(b) supply electrical energy to any person who undertakes to enter into a contract with Enemalta, giving such security as the Corporation may require, to take or continue to receive, and to pay for a supply of electrical energy upon such terms and conditions and for such period as the Corporation may determine:

Exemption from certain duties. Amended by: XV.1995.9.

Duties of Enemalta in relation to the supply of petroleum and electrical energy. Amended by:

XXV. 2000.36; XXVII. 2007.12.

Provided that any person who immediately before the repeal of the Electricity Act, 1963, by this Act was registered as a consumer with, or otherwise receiving energy from , the Malta Electricity Board, shall continue, subject to the provisions of this Act and of any regulations made thereunder, to be so registered with, or to rece ive ener gy from, Enemalta, as the ca se may be, a s if he originally were regist ered with, or recei ved energy from , th e Corporation.
(2) With respect to the supply of electrical energy by Enemalta, the following provisions shall have effect:
(a) Enemalta may reduce as it thinks fit the quantity of energy supplied to any consumer, if, by reason of any unforeseen circumstances beyond the control of the Corporation, it appears that the supply of electrical energy generated is insufficient to enable the full quantity to be conveniently supplied;
(b) where the quantity of energy supplied has been reduced as aforesaid no liability shall be incurred by Enemalta in respect of any loss or damage caused by such reduction;
(c) Enemalta shall not be liable for any loss or damage, whether material or consequential, to person or property or for any cessation of the supply of energy which may be due to unavoidable accident, fair wear and tear or overloading due to unauthorised connection of apparatus, or to the reasonable requirements of the electrical system, or to the defects in any electrical installation not provided by the Corporation.

Enemalta and Water Services Corporation. Amended by: XXIII. 1991.53; XXVII. 2007.13.

15. (1) The provisions of the Schedule to this Act shall have ef fect with respect to the operation by the Wa ter Services Corpo r ation of a meter -reading , account -keeping and bill- collection service common to, and in the joint interest of, the Water Services Corporation and Enemal ta, and to the exercise and p e rform a nce by th e Wa t e r Servi ces C o rp orati o n on b e hal f of Enemalta of such functions as are or as may from time to time be

lawfully vested in Enemalta in relati on to the acts and matt ers specified in paragraph 1 of the said Schedule.
(2) The Minister may, if, after consultation with Enemalta, he is satisfied that it is no longer necessary or expedient for a joint service to be maintained as aforesaid, by order revoke the Schedule to this Act; and any agreement entered into be tw een th e Water Services Corporation and Enemalta in pursuance of paragraph 6 of that Schedule or kept in force under this Act as if it had been so entered into (hereinafter in th is article referred to as "the agreement") shall thereupon cease to have effect.
(3) The Minister may from time to time, with the concurrence of Enemalta, by order vary the provisions of the Schedule to this Act to su ch ex tent an d in such man n er as th e Min i ster may determine; and as from such date on which any such order comes into force the provisions of the agreement shall have effect subject
to such modifica tions as may be ne cessary to pre v ent any inco nsist ency betw een the provi si ons of the agreement and the provisions of the said Schedule as varied by the order.
(4) The Minister may also, with the concurrence of the Minister responsible for the Wa ter Serv ices Corp orati on, and after consultation with Enemalta, by order vary the provisions of the Sc hed u l e t o th is A c t an d of any a g re em en t as is referred to i n subarticle (2), in such way that the joint service for meter-reading, account-keeping and bill-collection, shall be operated by Enemalta on its own behalf and on behalf of the Water Services Corporation and thereupon the provisions of this article and of the said Schedule shall have ef fect as provi ded in such order and with such modifications as may be appropriate to the purpose.
(5) Any order made under this article may contain such t r ansitorial, supplement a ry and in cidental prov isi ons as the Minister, after consultation with, or with the concurrence of, the Minister responsible for the Water Services Corporation, or the Corporation, as the case may require, may deem to be necessary or expedient for the purpose of the order.

PART III

FINANCIAL PROVISIONS

16. (1) Enemalta may, with the approval in writing of the Minister given after consultation with the Minister responsible for finance, borrow, secure or raise money by debentures, debenture st ock, o r ot her securit y, for any on e or m o re of th e foll owing purposes of the Corporation:

(a) the provision of working capital;
(b) the carrying out of the functions of Enemalta under this Act;
(c) the provision of capital for the expansion of, and addition to, the fixed assets of Enemalta;
(d) the redemption of any debentures or debenture stock or other security that Enemalta is required or entitled to redeem;
(e) any other expenditure properly chargeable to capital account.
(2) Enemalta may, from time to time, borrow by way of overdraft or otherwise, for periods not exceeding twelve months, su ch su ms as th e Corp orati o n may requ ire f o r carr yin g ou t i t s functions under this Act:
Provided that for any amount in excess of two million and three hundred and twenty-nine thousand and three hundred and seventy- three euro and forty cents (2,329,373.40), there shall be required the approval in writing of the Minister.

Power to borrow or raise capital. Amended by:

XIII. 1983.5; XXVII. 2007.14;

L.N. 423 of 2007.

Borrowing by advances from Government and establishment of the Enemalta Loan Fund.

17. (1) Whenever it may be necessary for Enemalta to borrow by way of advances from the Government any sums which may be required for carrying out any of the functions of Enemalta under this Act, the Minister responsible for finance after consultation w ith the Mi nister may, by w arrant un der h i s hand and with out further appropriation other than this Act, authorise the Accountant General to make advances to the Corporation ei ther out of the proceeds of any loan contracted or raised for the purpose or out of the Consolidated Fund; and such advances shall be made on such terms and conditions as the Minister responsible for finance may direct.

(2) The Minister responsible for finance may, for any of the requirements of Enemalta of a capital nature contract or raise loans, o r in cur lia bi lit ie s, fo r suc h per i o d s and o n su ch te rm s a n d con d ition s as he m a y deem appr op riate; and any sums due in respect of or in connection with any such loan or liability shall be a charge on the Consolidated Fund.
(3) Notice of any loans, liabilities or advances made or incurred under the fore go ing prov is io ns of this arti cle shall be given to the House of Representatives as soon as practicable.
(4) Pending the raising of any such loan as is mentioned in subarticle (2) o r for t h e purpos es of p r ovi ding En emalta w ith working capital the Minister re sponsible for finance may, by warrant under his hand and without further appropriation other than this Act, authorise the Accountant General to make advances out of the Treasury Clearance Fund to Enemalta under such terms as shall be specified by the said Minister upon the making thereof.
(5) The proceeds of any loan raised for the purpose of making advances to Enemalta and any other moneys to be advanced to the Corporation under this article shall be paid into a fund which shall be specially established for the purpose and which shall be known as "Enemalta Loan Fund".
(6) Sums received by the Accountant General from Enemalta in respect of advances made to the Corporation under subarticle (1) shall be paid into the Enemalta Loan Fund.
(7) Sums received by the Accountant General from Enemalta in respect of advances made to the Corporation under subarticle (4) shall be paid, as respects amounts received by way of repayment int o th e Tr e a s u r y C l ea ra nc e Fu nd, a n d , as r e s p e c t s amo unts received by way of interest, into the Consolidated Fund.

Application of revenue. Amended by: XXVII. 2007.15.

18. (1) The revenue of Enemalta for any financial year shall be applied in defraying the following charges:

(a) the remuneration, fees and allowances of the members of the Board;
(b) the salaries or wages, fees, remuneration, pensions, superannuation allowances, gratuities and other allowances of the officers, employees, servants, agents and technical or other advisors of Enemalta, and payments for the maintenance of any pension scheme
or other scheme established under the provisions of this Act, and any payment to the Government on account of pensions or gratuities under article 31 or
32;
(c) the establishment and working expenses of the Corporation and expenditure on, or the provision for, the maintenance of any of the installations of Enemalta, and the discharge of the functions of the Corporation properly chargeable to revenue account;
(d) interest on any debentures, debenture stock or other security issued, interest on any overdraft and on any loan raised or advances received by Enemalta;
(e) sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making provision for the redemption of debentures or debenture stock or other security or for the repayment of other borrowed money;
(f) such sums as it may be deemed appropriate to set aside in respect of depreciation on the property of Enemalta having regard to the amount set aside out of revenue under paragraph (e);
(g) the payment of any other expenditure approved by the
Board and properly chargeable to revenue account.
(2) Subject to such directions as the Minister, after consultation with the Minister responsible for finance, may from time to time give, any excess of revenue over expenditure shall be applied by Ene m alta to the creation of re ser v e funds t o f i nance fut u re ex pansio n o f t h e Cor por at ion ; an d, wit hou t preju d i c e t o the generality of the powers given to the Minister by this subarticle, any directio n gi ven by th e Minister as aforesaid may orde r the transfer to the Government of any part of such excess.

19. Any funds of Enemalta not immediately required to be expended in the meeting of any obligations or the carrying out of any functions of Enemalta may be invested from time to time in such manner as may be approved by the Minister.

20. (1) The prices to be charged by Enemalta for the supply of electrical energy and related services shall be in accordance with such tariffs as may, from time to time, be prescribed by Enemalta following the written approval by the Malta Resources Authority.

(2) Nothing in subarticle (1) or in any such tariff as aforesaid sha l l prevent Enemalta from ch argi ng oth e r pr ices by special agreement, provided that these are lower than those established by tariff.
(3) In prescribing tariffs, Enemalta shall ensure that the prices charged are adequate to provide sufficient revenue to Enemalta in any financial year -
(a) to cover operating expenses, including taxes, if any, and to make provision for adequate maintenance, for depreciation, for interest payments on borrowings and

Investment of funds.

Prices, fees and other charges by Enemalta. Amended by: XXV. 2000.36. Substituted by: XXVII. 2007.16.

Estimates of Enemalta. Amended by: XVII. 1983.2; XXVII. 2007.17.

for other interest payments;
(b) to meet periodic repayments on long term indebtedness to the extent that any such repayment exceed the provisions for depreciation;
(c) to create reserves to finance a reasonable part of the cost of future expansion, being expenses, repayments and reserves incurred or made by the Corporation in the exercise of its functions relating to electrical energy; and
(d) to provide a reasonable return on investment and expenditure,
and any such tariffs and agreements shall not give undue preference as between con s u m ers similarly situated or make undu e discrimination as between persons similarly situated having regard to the place and time of supply, the quantity of electrical energy supplied, the consum er load a nd power factor, t h e purpose for which the supply is taken and any other circumstance which could justify a preferential or discriminatory treatment.

21. (1) Enemalta shall cause to be prepared in every financial year, and shall not later than four weeks before the end of each such year ad opt , estimates of the i n come and exp e n d it ure o f th e Corporation for the next following financial year.

(2) The estimates shall be made out in such form and shall contain such information and such comparisons with previous years as the Minister shall direct.
(3) A copy of the estimates of Enemalta shall, upon their adoption by the Corporation, be sent forthwith by the Board to the Minister.
(4) The Minister shall at the earliest opportunity and not later than eight weeks after he has received a copy of the estimates of Enemalt a , or if at an y tim e duri ng the period th e House of Repr esentati ves i s n o t in session, withi n eight weeks from the beginning of the next following session, cause such estimates to be laid on the Table of the House of Representatives together with a motion that the House approve the said estimates. Not more than two sittings shall be allotted for the debate in the House on such a motion and both the motion and the approval of the estimates by the House may be with or without amendments to the estimates.
(5) No expenditure shall be made or incurred by Enemalta that has not been approved by the House of Representatives:
Provided that -
(a) until the expiration of six months from the beginning of a financial year or until the approval of the estimates for that year by the House, whichever is the earlier date, the Corporation 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;
(b) expenditure approved in respect of a head or subhead
of the estimates may, with the approval of the Minister, be incurred in respect of another head or subhead of the estimates;
(c) if in respect of any financial year it is found that the amount approved by the House is not sufficient or a need has arisen for expenditure for a purpose not provided for in the estimates, Enemalta may adopt supplementary estimates for approval by the House, and pending such approval, but subject to its being given, may in special circumstances and with the approval of the Minister, incur the relative expenditure; moreover in such case the provisions of this Act applicable to the estimates shall as near as practicable apply to the supplementary estimates.
(6) All estimates and supplementary estimates approved by the House of Representatives shall, as soon as practicable, be published in the Gazette.

22. (1) Enemalta shall cause to be kept proper accounts and other records in respect of its operations.

(2) The accounts of Enemalta shall be audited by an auditor or auditors to be appointed by it and approved by the Minister:
Provided that the Minister may require the books and accounts o f th e Corporation to be audited or exam ined by the Auditor General who shall for this purpose have power to carry out such physical checking and other verifications as he m ay deem necessary.
(3) A copy of the audited accounts of Enemalta shall, upon their adoption by the Corporation, be sent forthwith by the Board to t h e Minister t ogeth er wit h a report b y the Board detaili ng the activities of the Corporation in that year.
(4) The Minister shall, at the earliest opportunity and not later than the first sitting of the House after four weeks from the receipt of th e co py of the audi t and rep o rt o f Enemalta referred to in subarticle (3), cause such audit and report to be laid before the House of Representatives together with the motion laid before the House under article 21.

Accounts and audit. Substituted by: XVII. 1983.3. Amended by: XVI.1997.8. Substituted by: XXVII. 2007.18.

23. (1) All moneys of Enemalta accruing from any operations under this Act shall be paid into a bank or banks appointed by resolution of the Board. Such moneys shall, as far as practicable, be paid into that bank from day to day, except such sum as the Board may authorise to be retained to meet pet t y disbursem e nts and immediate payments.

(2) All payments out of the funds of Enemalta, except petty disbursements not exceeding a sum to be fixed by the Board, shall be made by such officer or officers of the Corporation as the Board shall appoint or designate for that purpose.
(3) Cheques against or withdrawals from any bank account of
Enemalta shall be signed by such officer of the Corporation as may

Cash deposits and payments. Amended by: XXVII. 2007.19.

be designated by th e Bo ard fo r that purpose and sh all b e countersigned by the chairman or such other member of the Board or other officer of the Corporation as may have been authorised by the Board for that purpose.
(4) Enemalta shall also provide for:
(a) the manner in which and the officers by whom payments are to be approved;
(b) the title of any account held with the bank or banks into which the moneys of the Corporation are to be paid, and the transfer of funds from one account to another;
(c) the method to be adopted in making payments out of the funds of the Corporation;
(d) generally as to all matters necessary for the proper keeping and control of the accounts and books and the control of the finances of the Corporation.

Annual report. Amended by: XVII. 1983.4.

24. (1) The Board shall, not later than four weeks before the end of each financial year, make and transmit to the Minister a report dealing generally with the activities of Enemalta during that year and containing such information relating to the proceedings and policy of the Corporation as the Minister may from time to time require.

(2) The Minister shall cause a copy of every such report to be l a i d on the Ta b l e of the House of Represent a tives as soon as practicable.

PART IV

Transfer to Enemalta of certain undertakings.

TRANSFER TO ENEMALTA OF CERTAIN UNDERTAKINGS

25. (1) With effect from the appointed day all the undertakings to which this article applies shall, by virtue of this Act and without further assurance, be transferred to, and shall vest in, Enemalta under the same title by which they were held by the Government or by the Malta Electricity Board or by the Gas Board immediately before such day.

(2) Such transfer shall extend to the whole of such undertakings and shall include all plant, lands, works, stocks and o t her pro p erty mo vable or imm ovab l e, assets, pow ers, righ ts, privileges and causes of action held or enjo yed in connection t h erewi t h or app er t ain i ng theret o, as well as al l li ab ilit ies and obl igatio ns af fecti ng o r relatin g to any o f th e afo r esaid undertakings or other thing included therein as aforesaid.
(3) This article applies to any undertaking or installation, and any appara tus, in strument or plant, and all th ings accessory or ancillary thereto, which, immediately before the appoint ed day were vested in or belonged to the Malta Electricity Board or the Gas Board or were vested in or belonged to the Government and
were operated by the Government for the supply of petroleum.

26. Subject to the provisions of this Act, all laws, rules, regulations, orders, judgments, decrees, awards, deeds, bonds, advances, contracts, agreements, instruments, documents, warrants and workin g arran g ement s , subsisting im mediately before the appo in ted day, affect ing or relat i n g t o any of t h e t r an sferred undertakings or the Malta Electricity Board or the Gas Board, or to which either of the said Boards was a party, shall be of as full force and ef fect against or in fav our of Enemalt a , and shall be enforceable as fully and ef fectually as if, instead of the Government, or the Malta Electricity Board or the Gas Board, as the case may require, Enemalta had been named therein or had been a party thereto.

27. (1) Where anything has been commenced by or under the authority of the Government, or the Malta Electricity Board or the Gas Board prior to the appointed day and such thing is in relation to any of the transferred undertakings or any right or liability transferred by or under this Act, such thing may be carried on and completed by or under the authority of Enemalta.

(2) Where immediately before the appointed day any legal p r oceed i ng is p e n d in g t o which the Government or the Malta Electricity Board or the Gas Board is or is entitled to be a party, and such proceeding has reference to any of the tr an sferred undertakings or any right or liability transferred by or under this Act, Enemalta shall, on the appointed day, be substituted in such proceeding for the Government or the Malta Electricity Board or the Gas Board as the case may require, or shall be made a party thereto in like manner as the Government or the Malta Electricity Board or the Gas Board as the case may be, would have become, and such proceeding shall not abate by reason of the substitution.
(3) The Minister may by order make such incidental, consequential and supplemental provisions as may be necessary or expedient for the purpose of securing and giving full effect to the transfer of any undertaking or any right or liability to Enemalta by or under this Act and may make such orders as may be necessary to make any powers and duties exercised by the Government, or the Malta Electricity Board or the Gas Board, in relation to any of the transferred undertakings, exercisable by and on behalf of Enemalta.

Construction of existing laws, contracts, etc.

Transitory provisions.

PART V

Appointment and functions of officers and servants of Enemalta and appointment and functions of management committees. Amended by: XXVII. 2007.20.

Cap. 9.

MANAGEMENT COMMITTEES AND OFFICERS AND SERVANTS OF ENEMALTA

28. (1) Enemalta shall appoint and employ, at such remu nerat ion and upo n such terms an d co ndit ion s as it may, in accordance with article 11, determine, such officers and servants of the Corporation as may from time to time be necessary for the due and efficient discharge of the functions of the Corporation:

Provided that the Chief Executive Officer shall be selected and appointed with the approval of the Minister.
(2) With effect from such day or days as the Minister may by order determine, there shall be in respect of each of such parts of the business of Enemalta as the Minister may in any such order specify (hereinafter referred to as "business sector") a management committee which shall, subject to the provisions of this Act and to t h e direction s of the Board, be resp onsible for the day to day management and administration of their respective business sector an d fo r the prom pt an d due exec uti o n of t h e po licy an d oth e r decisions o f the Board relating thereto. Each management committee shall also have such other functions as may be assigned or delegated to it by the Board.

(3) (Deleted by: XXVII. 2007.20.). (4) (Deleted by: XXVII. 2007.20.).

(5) The members of the Board and all officers and servants of Enemalta shall be deemed to be public officers or servants within the meaning of the Criminal Code.

Superannuation schemes, etc., for officers and servants of Enemalta.

29. (1) Subject to the approval of the Minister, and so far as consistent with the provisions of this part relating to public officers who accept permanent employment with Enemalta an d to other government employees or employees of the Malta Electricity Board or the Gas Board transferred to the service of the Corporation, the Bo ard m a y est a bli s h a schem e or schem e s for th e pay m en t of superannuation allowances, pensions or gratuities to officers and servants of the Corporation who r e ti re fr om t h e service of t h e Corporation or otherwise cease to hold office with the Corporation by reason of age, or of infirmity of body or mind, or of abolition of office.

(2) No assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, an d n o p ensio n, gratuity or other allowance granted under any such scheme to any person who has been employed by Enemalta, shall be as signable or tr ansf er able, o r li able to be garnished or seized for or i n respect of any debt or claim what soever, other than a debt due to the Corporation or th e Government.

Detailing of public officers for duty with Enemalta.

30. (1) All pensionable officers, and all non-pensionable officers of the general service branch of the public service, detailed for duty with the Malta Electricity Board immediately before the

commencement of this article shall, as from such commencement, be detailed for duty with Enemalta, and any direction given under the Electricity Act, 1963,* detailing any such officer as aforesaid
for duty with the Malta Electricity Board, shall, notwithstanding the repeal of that Act, have effect as if such officer were detailed for duty with Enemalta by a direction of the Prime Minister given
under this Act:
Prov ided th at an y p eri od of dut y i n t he service of th e Malt a Electricity Board shall for the purposes of the duration of any such direction be deemed to be a peri od of dut y in th e servi ce of Enemalta.
(2) The Prime Minister may, at the request of Enemalta, from time to time direct that any person holding a pensionable office in the public service or any other office in the general service branch of the public service shall be detailed for duty with Enemalta in such capacity and with effect from such date as may be specified in the Prime Minister ’s direction.
(3) The period during which a direction as aforesaid shall apply to any officer specified therein, shall, unless the officer dies, or retires from the public service, or otherwise ceases to hold office at an earlier date, or unless a different period is specif ied in such direction, end on the happening of any of the following events, that is to say:
(a) the acceptance by such officer of an offer of transfer to the service of, and permanent employment with, Enemalta made in accordance with the provisions of article 32; or
(b) the revocation of such direction by the Prime Minister, in relation to such officer.
(4) Where a direction as aforesaid is revoked by the Prime Minister in relation to any officer, the Prime Minister may, by further direction, detail such officer for duty with Enemalta in such capacity and with effect from such date as may be specified in the Prime Minister ’s direction, and the provisions of subarticle (3) shall thereupon apply to the period of duration of any such further direction in relation to such officer.

31. (1) Where any officer is detailed for duty with Enemalta under any of the provisions of article 30, 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 Corporation, but he shal l for all other in tent s and p u rp oses rem a in and b e considered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid -
(a) shall not during the time in respect of which he is so detailed -
(i) be precluded from applying for a transfer to a

Status of public officers detailed for duty with Enemalta.

Cap. 93. Cap. 58.

department of the Government in accordance with the terms and conditions of service attached to the appointment under the Government held by him at a date on which he is so detailed for duty; or
(ii) be so employed that his remuneration and conditions of service are less favourable than those which are attached to the appointment under the Government 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 Enemalta; and
(b) shall be entitled to have his service with Enemalta considered as service with the Government for the purposes of any pension, gratuity, or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and of any other right or privilege to which he would be entitled, and liable to any liability to which he would be liable, but for the fact of his being detailed for duty with Enemalta.
(3) Where an application is made as provided in subarticle (2)(a)(i), the same consideration shall be given thereto as if the applicant had not been detailed for service with Enemalta.
(4) Enemalta 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 Corporation as aforesaid during the period in which he is so detailed.

Offer of permanent employment with Enemalta to public officers detailed

for duty with

Enemalta.

Cap. 93. Cap. 58.

32. (1) Enemalta may, with the approval of the Prime Minister, offer to any officer detailed for duty with the Corporation under any of the provisions of article 30 permanent employment with Enemalta 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 iden tical 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 Enemalta offered to him under the prov isions of subarticle (1) shall, for all purposes other than those of the Pensions Ordinance and of the Wi dows’ and Orphans’ Pens ions Act, and saving the provisions of article 28(5), be deemed to have ceas ed to be in service with the Government and to have entered into service with Enemalta 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 Enemalta shall be deemed to be servic e with the
Government within the meanings thereof respectively.
(4) Every such officer as aforesaid who, immediately before accepting permanent employment with Enemalta, was a contributor under the Widows’ and Orphans’ Pens ions Ac t shall continue to contribute and to benefit thereunder to all intents as if his service with the Corporation were service with the Government.
(5) Enemalta 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 employment with the Corporation as aforesaid during the period commencing on the date of such officer ’s acceptance.

Cap. 58.

33. (1) Every person in the employment of the Malta Electricity Board or of the Gas Board immediately b e fore the com m encement of this article shall, with ef fect from such commencement, be deemed to be transferred to the service, and shall become an employee, of Enemalta at the same rate of pay, and, as near as may be, on the same conditions, as those on which each such employee was employed with either of the aforesaid Boards immediately before such date:

Provided that, in respect of any such employees to which section
29 of the Electricity Act, 1963* applied, the provisions of article 32 shall apply as if they had accepted permanent employment with
Enemalta and service with the Malta Electricity Board shall, for the
p u rpos e s of t h e sa id art i cl e 32, be de eme d to be s e rvice with
Enemalta.
(2) Nothing in this article shall be deemed to affect the right of En emal ta to termi n ate th e empl oym en t of any such empl oy ee transferred to the service of Enemalta, or to vary his rate of pay or conditions of service.
(3) Where an employee who has been transferred to the service of Enemalta under this article is also an employee who had been transferred to the Malta Electricity Board under section 30 of the
Electricity Act, 1963*, and such person is subsequently appointed to a pensionable office in the public service, his servic e with
Enemalta (together with his service with the Malta Electricity
Board) shall be deemed to have been service with the Government.

Transfer of Malta Electricity Board and Gas Board employees to Enemalta.

34. (1) Where an employee transferred to the service of Enem alta under article 33 is also an emplo y ee who had been transferred to the Malta Electricity Board under section 30 of the

El ectri c i t y Act, 1 963 * , an d su ch pe rs on di es, ret i r e s fro m or otherwise ceases to be in th e service with Enemalta in circumstances in which, if his service with Enemalta and with the
Board aforesaid had been service with the Government, a gratuity could have been granted in respect of such service, Enemalta may, with the concurrence of the Minister responsible for finance, grant
in respect of his whole service a gratuity not exceeding that which could have been granted if his service with Enemalta and with the

Retirement of employees transferred to the service of Enemalta.

Board aforesaid had been service with the Government.
(2) The Government shall pay to Enemalta, in respect of any gratuity granted under subarticle (1), a contribution equal to such proportion of the gratuity as the term of service of the employee with the Government bears to the total term of his service with the Government and Enemalta.
(3) Nothing in this article shall be deemed to prevent Enemalta from granting, in accordance with any scheme established under article 29, an y sum or sums to any such em ployee by way of pension, gratuity or other allowance in addition to any gratuity granted under the provisions of subarticle (1), but the Government shall not be required to make an y contribut ion towards any additional sum so granted.
(4) The provisions of article 29(2) shall apply to any pension, gratuity or other allowance granted under this article.

PART VI

Contracts of supply or works.

Amended by:

XIII. 1983.5;

XXXIV. 1989.2.

Substituted by:

XXVII. 2007.21.

S.L. 174.06

CONTRACTS AND POWER TO ACQUIRE OR DISPOSE OF PROPERTY

35. (1) Enemalta shall only enter into contracts for the procurement of goods, services or materials, other than petroleum, or for the execution of works, in a ccordance with the Public Procurement of Entities operating in the Water, Energy, Transport and Postal Services Sectors Regulations:
Provided that the Minister may further limit Enemalta’s procurement procedures.
(2) Enemalta shall obtain petroleum in such manner and under such terms and conditions as it may, with the concurrence of the Minister, determine or agree:
Provided that this subarticle shall not apply to such operator, concessionaire, manager, agent, independent contractor or other third party as is referred to in article 3(5).

Power to acquire and dispose of property. Substituted by: XXVII. 2007.22.

36. (1) Subject to the provisions of the last preceding article, Enemalta may, for the purpose of the due and efficient discharge or attainment of its functions under this Act:

(a) purchase or otherwise acquire and hold any movable property and dispose of any such property; and
(b) purchase or otherwise acquire and hold any lands or other immovable property or interest therein and take any such property on lease or on any other title whatsoever.
(2) Enemalta may, subject to the requirement of any other law and with the written consent of the Minister, dispose, hypotecate, grant or alienate or encumber under any title and subject to any conditions whatsoever, any movable or immovable property, right,
undertaking, installation or other asset or interest therein vested in t h e Corpo r at ion by th is Act or oth e rwise acq u ired by the Corporation at any time:
Provided that for the purpose of any alienation, disposal or grant of any immovable property or any interest therein, Enemalta shall observe the provisions stipulated in any one of paragraphs (a) to (f) of article 3(1) of the Disposal of Government Land Act, in respect of that immovable property or any interest therein.

Cap. 268.

PART VII

MISCELLANEOUS PROVISIONS

37. (deleted by XXV.2000.36.)

38. (deleted by XXV.2000.36.)

39. Enemalta may, with the approval of the Minister, make regulations, not inconsistent with the provisions of this Act, or the provisions in or under any other law regulating the functions of Enemalta, to prescribe and otherwise make provision with respect to:

Licence for generation of energy, supply of petroleum, etc.

Grant of licences by Enemalta and other arrangements.

Power to make regulations. Amended by: XXII. 2005.89; XXVII. 2007.23.

(a) the duties of any officers of the Corporation relating to the inspection of any installation, equipment, plant, apparatus, works and other property of the Corporation, the intervals, times and manner in which any installations, apparatus or other property of Enemalta shall be inspected, and the notice (if any) to be given in relation to inspections;
(b) the conditions under which any installation, apparatus or other property of the Corporation shall be installed, worked, operated, maintained, protected, controlled or in any way safeguarded and the prohibition of the use of any dangerous installation, apparatus or fittings;

(c) (deleted by XXVII. 2007.23.);

(d) subject to the provisions of article 20(5), any tariff of prices, fees and charges which may be or are required to be prescribed by or under the provisions of this Act or of any regulations made thereunder and the time, place and manner for the payment of such prices, fees or charges and the mode of collecting and disposal thereof;

(e) (deleted by XXV.2000.36.); (f) (deleted by XXV.2000.36.); (g) (deleted by XXV.2000.36.); (h) (deleted by XXV.2000.36.);

(i) the methods to be adopted for the provision of services provided by the Corporation, the security to be furnished by persons who wish to avail themselves of such services, the conditions for the discontinuance of such services in cases where the requirements of this Act or of any regulation made thereunder is not complied with, or where a person is in arrears of his payments of any proper prices, charges or fees or uses defective apparatus, instruments or fittings, and also in other cases where such discontinuance may be deemed necessary or advisable;
(j) such procedures, measures or regulations which may, from time to time, be necessary for the recovery of any amount that may be due to Enemalta Corporation in relation to the supply of electricity and in relation to theft of electricity;
(k) such matters in connection with the issue of debentures or debenture stock under this Act as the Board may deem it necessary or expedient to prescribe, and, in particular, for regulating the method of issue, transfer, redemption, or other dealing with such debentures or debenture stock;
(l) any other matter which may be or is required to be prescribed by this Act; and
(m) any other matter which may appear to Enemalta necessary or expedient for the better carrying out of the provisions of this Act.

Public lighting. Substituted by: XXVII. 2007.24.

40. (1) Enemalta, upon receiving reasonable notice from the Min ist er requiring i t to fix pu blic lamp s o r to supp ly electrical energy to public lamps, shall supply and fix such public lamps and, in so far as it is able to do so, give and continue to give a supply of electrical energy to such lamps in such quantities as the Minister may from time to time require:

Provided that in regard to matters relating to public lighting Enemalta shall follow any di rections of a technical nature that might be issued by the Malta Resources Authority.
(2) The price to be charged by and paid to Enemalta for the supply and fixing of public lamps and for all electrical energy supplied to such lamps, and all matters relating thereto, shall be settled by agreement between the Government and the Corporation, after allowance is made for all relevant factors.
(3) In this article ''public lamp'' means an electrical lamp used for the lighting of any street.

Exemption from the provisions of this Act.

41. (deleted by XXV.2000.36)

42. Any person authorized by the Board may, at all reasonable times, enter any premises to which electrical energy is, has been or i s to b e sup p lied b y Enemal ta, o r in whi c h any installatio n, apparatus, instrument, plant or accessories are, have been or are to be inst all e d, o r ot herwi s e exi s t, for o r in co nne cti on wi th th e supply, storage, distribution, sale or other disposal of electrical energy or of petroleum by Enemalta, for the purpose of:

(a) inspecting, maintaining and, if need be, repairing any of the items mentioned above, as well as any electric lines, meters, fittings, works or apparatus belonging to Enemalta or installed therein;
(b) ascertaining such data or information as the Board may require in connection with the services given by Enemalta;
(c) removing all or any installations, apparatus, instruments, plant or accessories belonging to the Corporation, whenever any service provided by the Corporation is no longer required or where the Corporation is authorized to withdraw its services:
Provided that Enemalta shall repair all damage caused by any such entry, inspection or removal.

Power of entry for ascertaining condition of installations, etc. Amended by:

XXV. 2000.36.

43. (1) The execution of all work in connection with the services given by Enemalta shall be carried out in such manner as may be prescribed by or under this Act or by or under any other law, and without prejudice to the public safety or private safety.

(2) Any person who, without lawful excuse, contravenes or fails to comply with the provision of this article shall be guilty of an offence under this Act.

Offences relating to precautions in execution of works.

Amended by: XXV. 2000.36.

44. (1) No person shall use any electrical energy or any installation, apparatus, instrument or their accessories, supplied by Enemalta, or any petroleum supplied for sale or other disposal by or on behalf of Enem alta, whet her directly or indirectly, for pu rp ose s o t h e r t h a n th at f o r wh ich i t i s su pp li ed ; an d any declaration or clear indication by Enemalta as to the purpose for which any thing as aforesaid has been supplied shall be conclusive evidence of such purpose.

(2) Any person who contravenes the provision of this article shall be guilty of an offence against this Act.

Offences relating to installations, etc., supplied.

45. Any person who -

(a) obstructs or impedes any member of the Board or any officer, agent or servant of Enemalta in the exercise of his duties under this Act or under any regulations made under this Act; or
(b) contravenes or fails to comply with any of the provisions of this Act or of any such regulations as aforesaid or any order lawfully given under the provisions of this Act or of such regulations; or

Other offences.

Penalty for offences. Amended by: XIII. 1983.5;

L.N. 423 of 2007.

Cap. 9.

(c) where a licence or other permission is required under the provisions of this Act or under any regulations as aforesaid, for the use of the services or facilities of Enemalta, makes use of such services or facilities without such a licence or permission or contravenes or fails to comply with the conditions of any such licence or permission,
shall be guilty of an offence against this Act.
46. (1) Any person guilty of an offence against this Act or against any regulations, rules or orders made under this Act, shall, without prejudice to his liability under the Criminal Code or any other law, be liable, on conviction, to imprisonment for a term not ex ceedi ng si x mont hs, o r to a fi ne ( mu lta ) not exce eding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), or to both such imprisonment and fine.
(2) Where an offence against this Act as is referred to in article
3 8 or in ar ticle 45( c ) has been comm itt ed , an y in st al lation , apparatus, instrument, plant, equipment or other thing used in or for
the purpose of the commission of the offence shall be forfeited to the Government.

Saving. Cap. 25.

47. (1) All regulations, rules or orders made under, or kept in force by, the Gas Act, 1952* or the Electricity Act, 1963* or made under any provision of the Petr oleum (Importation, St orage and
Sale) Ordinance, repealed or amended by this Act, if and as in force immedi ately before th e commencement of th is article, shall so continue in force thereafter as if they had been made under this Act, or under the appropriate provisions amended by this Act, as the case may require, subject to such modifications, adaptations and limitations as may be necessary or expedient to give them effect as if they had been so made, and may be revoked, altered or amended accordingly.
(2) Any licence, permission or other authority granted under any enactment, or any provision thereof, repealed or amended by thi s Act, and still in force imme di at ely befor e su ch repeal or amendment, shall continue in force thereafter as if it were a licence, permission or authority granted under a corresponding provision of this Act, or, as the case may require, a provision as amended by this Act; and any such licence, permission or authority as aforesaid shall be treated and dealt with accordingly.

*Repealed by this Act.

SCHEDULE Amended by: XXIII. 1991.53;

[ARTICLE 15]

XXVII. 2007.25

L.N. 41 of 2010.

PROVISIONS AS TO JOINT METER-READING, ACCOUNT-KEEPING AND BILL- COLLECTION SERVICE AND AS TO THE EXERCISE OF CERTAIN FUNCTIONS BY THE WATER SERVICES CORPORATION ON BEHALF OF ENEMALTA.

1. The Water Services Corporation is hereby appointed in the name and on behalf of Enemalta to exercise and perform as fully and effectually in all respects as Enemalta itself all such functions as are or may from time to time be lawfully vested in Enemalta in respect of the acts and matters following, namely:

(a) to demand, require, receive, accept, cancel, waive and generally deal with any suretyship, security, deposit, or undertaking in respect of sums due to Enemalta for the supply of electrical energy, meter-rent and services (hereinafter in this Schedule referred to as "sums due to Enemalta");
(b) to carry out the reading of meters for the purpose of ascertaining the quantity of electrical energy supplied and, where applicable, the maximum demand;
(c) to keep accounts showing the sums due to Enemalta and to preserve any books or documents relating to or connected with such accounts;
(d) to undertake the computation, service and collection of bills in respect of sums due to Enemalta;
(e) to receive from consumers of electrical energy any notice of - (i) intention to discontinue the use of such energy; or
(ii) the carrying out of alterations to premises or to installations;
(f) to cause the supply of electrical energy to any consumer to be suspended in the case of non-payment of sums due to Enemalta after the expiration of the prescribed period, or of unjustified refusal of access to the premises; and for this purpose to cause the main fuses to be removed or the installation to be disconnected at the mains, whether overhead or underground;
(g) to cause the meter to be removed from the premises in the case of delay in the payment of sums due to Enemalta beyond three months, or earlier if so deemed necessary;
(h) to reconnect the supply, and, if necessary, replace the meter after payment of sums due to Enemalta has been made;
(i) to enter upon any premises and to carry out and do therein any act or thing within the authority of Enemalta;
(j) to assess, by means of such criteria as are within the discretion of Enemalta, the consumption of electrical energy in any premises to which entry for the purpose of reading the meters has been refused after reasonable notice has been given;
(k) generally to perform any other act, incidental or supplementary to the foregoing, which Enemalta, but for the provisions of this Schedule, would have been entitled to perform in relation to and for the purposes of meter-reading, account-keeping and bill-collection as applicable to
the supply of electrical energy.

2. If any sums due to Enemalta shall not be paid or if any goods or materials belonging to Enemalta are not returned by any consumer of electrical energy, the Water Services Corporation may, notwithstanding the provisions of article 1866 of the Civil Code, take any legal or other proceeding authorized by law for the recovery thereof in the name and on behalf of Enemalta.

3. While they are acting within the limits of the powers conferred on the Water Services Corporation by or under the provisions of this Schedule the officers and servants of the Water Services Corporation shall, for the purposes of any enactment or regulation containing any reference to the officers and servants of Enemalta, be deemed to be also the officers and servants of Enemalta.

4. The Water Services Corporation may, in respect of the accounts of Enemalta and of sums due to Enemalta, continue in force any arrangements entered into with any other government department for the computing of bills and keeping of accounts and for the provision of legal or other assistance.

5. Enemalta shall have a right of access to and inspection of the accounts kept by the Water Services Corporation in relation to the activities of Enemalta and shall have the right to keep at the offices of the Water Services Corporation such number of representatives as may from time to time be agreed between Enemalta and the Water Services Corporation.

6. From time to time as occasion may require, Enemalta and the Water Services Corporation may by means of a public deed in the acts of the Notary to Government, the terms of which shall first be approved by the Minister, enter into an agreement (hereinafter in this Schedule referred to as "the agreement") regulating all or any of the following matters:

(a) the access to and inspection of the accounts and the number and powers of the representatives of Enemalta referred to in paragraph 5 of this Schedule;
(b) the consideration (including reimbursement of any expenses and administrative charges properly met or incurred by the Water Services Corporation) to be paid to, or to be retained by, the Water Services Corporation in respect of the exercise and performance by the Water Services Corporation of the functions vested in it by this Schedule;
(c) the periods at which and the manner in which the Water Services Corporation shall remit to Enemalta sums collected by the Water Services Corporation on behalf of Enemalta or, to the extent that arrangements for set-off are made in the agreement, such balances thereof as are outstanding after any amounts due to the Water Services Corporation under the last preceding sub-paragraph have been deducted;
(d) the time and method of exchanging information and of using means of consultation between Enemalta and the Water Services Corporation for the better execution in their joint interest of the provisions of this Schedule and of the agreement;
(e) the financial, banking, auditing and administrative procedures to be followed by both sides for the regular and efficient working of the arrangements existing between them including, without prejudice to the generality of the foregoing, the forms to be used, the documents to be preserved, the books to be kept, the returns to be made, the notices to be
given or communicated and the accounts to be rendered;
(f) such other matters incidental and supplementary to the foregoing for which, with the approval of the Minister, they may deem it necessary and expedient to provide.

7. The Minister shall cause a copy of the agreement to be laid on the Table of the House of Representatives.