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Enemalta Act (Cap. 272) Electricity Supply (Amendment) Regulations, 2006 (L.N.18 Of 2006 )

ENEMALTA ACT (CAP. 272)
Electricity Supply (Amendment) Regulations, 2006
IN exercise of the powers conferred by article 39 of the Enemalta Act, Enemalta, with the approval of the Minister for Investment, Industry and Information Technology and of the Minister for Resources and Infrastructure, has made the following regulations>–

Citation and commencement.

G.N. 223 of 1940.

Adds new regulation 88 to the principal regulations.

1. (1) The title of these regulations is the Electricity Supply (Amendment) Regulations, 2006 and they shall be read and construed as one with the Electricity Supply Regulations, 1939 hereinafter referred to as “the principal regulations”.
(2) These regulations shall be deemed to have come into effect on the 1st January 2006.
2. Immediately after regulation 87 of the principal regulations, there shall be added the following new regulation>

“Tampered meters, theft of electricity and unregistered consumption.

88. (1) Where duly authorised representatives of Enemalta are reasonably satisfied that an electricity meter has been tampered with or that a consumer or a person has obtained an unlawful supply of electricity, or that a consumer or a person is responsible for theft of electricity, Enemalta shall have the right to>
(a) immediately suspend the supply of electricity to the relative meter that was tampered with or to the consumer or person it deems responsible for obtaining the unlawful supply or for the theft and to continue with the suspension until such time as the consumer or person responsible settles all dues to Enemalta or, if such person disputes the fact or the amount due by him, until such time as the dispute is settled< and
(b) demand in writing the payment, by the consumer or persons concerned, of the amount which is calculated by Enemalta to be due to it for the supply of electricity obtained in the unlawful manner mentioned
in this article, which amount shall be based on a maximum period of five years, with interests calculated on the basis of the rate established by sub-regulation (3) to regulation 66 of these regulations, and interest will continue to accrue until all dues are finally settled< and
(c) demand the additional payment of a settlement charge for potential damages suffered by Enemalta equivalent to 10% of the amount due for the supply of electricity obtained in an unlawful manner< and
(d) demand the fee due to Enemalta for the removal of the tampered meter and where applicable the re-installation of an electricity meter< and
(e) refuse to restore the supply of electricity before all amounts due by the consumer as prescribed by paragraphs (a), (b), (c), and (d) of this sub-regulation have been paid or a written agreement for their payment has been made with Enemalta.
(2) The findings in terms of sub-regulation (1) and paragraph (a) hereof and the sums due to Enemalta in terms of paragraphs (b), (c) and (d) shall be served in writing to the consumer or to the person concerned either by registered mail or by official letter filed in court, and any consumer or person wanting to contest the findings or any amount due shall do so by filing a claim in the Arbitration Tribunal as provided for in Schedule IV to the Arbitration Act>
Provided that the criminal proceedings that may be instituted against the consumer or person concerned under the Criminal Code or any other law, shall be independent of the above-mentioned procedures, but no civil action for the recovery of the amounts due to Enemalta shall be instituted against the consumer or person concerned if such consumer or person concerned agrees to pay Enemalta the amounts due in terms of paragraphs (b) to (d) of sub-regulation (1) hereof>
Provided further that the Chairman of Enemalta shall, in his absolute discretion>
B 307

Cap. 387.

Cap. 9.

B 308
(a) waive criminal proceedings against any person or consumer as aforesaid<
(b) for good and sufficient cause to be stated in writing, alter, vary or do away with altogether the effects of any provision of this regulation with respect to any individual consumer or person or any particular class of consumers or persons.”.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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