![]() |
Home
| Databases
| WorldLII
| Search
| Feedback
Maltese Laws |
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
Articles | ||
Part I. | Preliminary | 1-2 |
Part II. | Constitution, Functions and Composition of Enemalta | 3-15 |
Part III. | Financial Provisions | 16-24 |
Part IV. | Transfer to Enemalta of certain undertakings | 25-27 |
Part V. | Ma nage me nt Co mm it te es and Officers and Servants of Enemalta | 28-34 |
Part VI. | Contracts and Power to acquire or dispose of property | 35-36 |
Part VII. | Miscellaneous Provisions | 37-47 |
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.
"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
(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.
(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.
(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.
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.
(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.
(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.
(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.
(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.).
(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.
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
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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
(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.
(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
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.
(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.
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.
(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.
(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.
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.
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.
(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.)
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.
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)
(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.
(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.
(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.
(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.
(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.
(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.
8. | (a) | Notwithstanding the other provisions of this Act and of this Schedule, Enemalta may, with the written authority of the Minister, engage or contract any third party other than the Water Services Corporation, to perform a meter-reading, account keeping and bill collection service and any other function ancillary to such services, whether jointly with and, or separately from either or both the Water Services Corporation and Enemalta. |
(b) | Where an engagement or contract is made by Enemalta in pursuance of paragraph (a), the powers and functions vested in the Water Services Corporation by virtue of this Act and the Schedule thereto, shall mutatis mutandis vest and apply to any third party engaged or contracted by virtue of the said paragraph. | |
(c) | Notice of any engagement or contract made in pursuance of the provisions of paragraph (a) shall be published by notice in the Gazette. |
WorldLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.worldlii.org/mt/legis/laws/ea272c210