ACT No. XXVII of 2007 AN ACT to amend various laws relating to energy resources.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

13th November, 2007

ACT No. XXVII of 2007

AN ACT to amend various laws relating to energy resources.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows

The short title of this Act is the Various Laws (Energy

Resources) (Amendment) Act, 2007.

PART I

This Part amends the Enemalta Act, and it shall be read

and construed as one with the Enemalta Act, hereinafter in this Part

referred to as ''the principal Act''.

Article 2 of the principal Act shall be amended as follows

(a)

immediately before the definition ''conductor'' there

shall be added the following new definition

'' ''Chief Executive Officer'' means the Chief

Executive Officer appointed in accordance with article 5;'';

(b) immediately before the definition ''financial year''

there shall be added the following new definitions

'' ''energy'' means all forms of commercially

available energy, including electricity, natural gas

(including liquefied natural gas and liquefied petroleum

gas), any fuel for heating and cooling (including district

heating and cooling), coal and lignite, peat, transport fuel

(excluding aviation and foreign bunker fuels) and biomass

as defined in Directive 2001/77/EC of the European

Parliament and of the Council of 27th September 2001 on

the promotion of electricity produced from renewable

energy sources in the internal electricity market;

''energy audits'' means a systematic procedure that

obtains 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;

''energy efficiency'' means a ratio between an

output 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,

behavioural and, or economical changes;

''energy efficiency improvement programmes''

means activities that focus on groups of final customers

and that normally lead to verifiable and measurable or

estimable energy efficiency improvement;

''energy service'' means the physical benefit, utility

or good derived from a combination of energy with energy

efficient 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;'';

(c)

the definition ''financial year'' shall be substituted by

the following

'' ''financial year'' means the period of twelve

months ending on the thirty first day of December;'';

(d) the definition ''installation'' shall be substituted by

the following

'' ''installation'' means the whole of any plant or

apparatus, designed for the acquisition, supply, storage,

use or distribution of any electrical energy or of petroleum,

together with all necessary plant, buildings, land and pipe-

lines whether surface, underground or marine in

connection therewith, and, in relation to electrical energy,

includes prime movers, supply lines and consuming

apparatus, if any'';

(e)

the definition ''Minister'' shall be substituted by the

following

'' ''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;'';

and

(f)

the definition ''petroleum'' shall be substituted by the

following new definition

'' ''petroleum'' means all natural hydrocarbons

whether in liquid or gaseous form, including crude oil,

liquefied petroleum gas and natural gas, and whether in a

crude or natural state or in a processed or refined form;''.

Article 3 of the principal Act shall be amended as follows

(a)

sub-article (2) thereof shall be substituted by the

following

''(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.'';

(b) sub-article (3) thereof shall be substituted by the

following

''(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.'';

(c)

sub-article (4) thereof shall be substituted by the

following

''(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 Malta Transport Authority;

(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 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.'';

(d) sub-article (5) thereof shall be substituted by the

following

''(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, whether in whole

or in part, and whether as operator, concessionaire,

manager, agent, independent contractor or otherwise, any

functions, activities, operations, duties or transactions

which Enemalta is authorised and empowered or obliged to

carry on or engage in or perform under or in accordance

with the Act

Provided that this sub-article shall not be

interpreted as exempting any person so authorized by

Enemalta from complying with the requirements of any

other law.'';

(e)

sub-article (6) thereof shall be substituted by the

following

''(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.''; and

(f)

immediately after sub-article (6) thereof, there shall

be added the following new sub-articles (7) and (8)

''(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 sub-article (2)(a) or (b) insofar

as the said requirement refers to one or any of the

purposes so listed.''.

Subarticle (1) of article 4 of the principal Act shall be

amended as follows

(a)

for the words ''for the purposes of its functions''

there shall be substituted the words ''for the purposes or

attainment of its functions''; and

(b) for the words ''conducive to the exercise or

performance of its functions'' there shall be substituted the

words ''conducive to the exercise or performance or attainment

of its functions''.

For article 5 of the principal Act there shall be substituted

the following

''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 relating to the acquisition,

production or marketing of energy 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 conduct of

the Corporation, its 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 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.

(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.''.

Article 5A of the principal Act shall be deleted.

In article 6 of the principal Act, the word ''non-elected'' Amendment of

shall be deleted.

In article 7 of the principal Act, the words ''or election'' Amendment of

shall be deleted.

For article 11 of the principal Act there shall be substituted Substitution of

the following

''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 accordance with

such directives as may be established from time to time by the

Minister after consulting the Minister responsible for finance.''.

Article 13 of the principal Act shall be deleted.

Article 14 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof, immediately after the

words ''any other law'' there shall be added the words ''or in any

authorisation, licence or permit howsoever described''; and

(b) in paragraph (c) of sub-article (2) thereof,

immediately after the words ''liable for any'' there shall be added

the words ''loss or'' and immediately after the word ''damage,''

there shall be added the words ''whether material or

consequential''.

Article 15 of the principal Act shall be amended as

follows

(a)

in sub-article (4) thereof, for the words ''water

supply'', there shall be substituted the words ''the Water Services

Corporation''; and

(b) in sub-article (5) thereof, for the words ''water

supply'', there shall be substituted the words ''the Water Services

Corporation''.

In the proviso to sub-article (2) of article 16 of the

principal Act, for the words ''two hundred thousand'', there shall be

substituted the words ''one million''.

In sub-article (2) of article 18 of the principal Act, for the

words ''transfer to the Government, or the application in such manner

as may be specified in the direction, of any part of such excess, in

particular such part thereof which derives from the sale of

petroleum'', there shall be substituted the words ''transfer to the

Government of any part of such excess''.

For article 20 of the principal Act there shall be substituted

the following

''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 shall prevent Enemalta from charging other prices 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

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 consumers similarly situated or make

undue discrimination as between persons similarly situated

having regard to the place and time of supply, the quantity of

electrical energy supplied, the consumer load and power factor,

the purpose for which the supply is taken and any other

circumstance which could justify a preferential or

discriminatory treatment.''.

Article 21 of the principal Act shall be amended as Amendment of

article 21 of the

follows

principal Act.

(a)

in sub-article (1) thereof, for the word ''six'' there

shall be substituted the word ''four''; and

(b) sub-article (4) thereof shall be substituted by the

following

''(4) The Minister shall at the earliest opportunity

and not later than eight weeks after he has received a copy

of the estimates of Enemalta, or if at any time during the

period the House of Representatives is not in session,

within 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.''.

For article 22 of the principal Act there shall be substituted

the following

''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 of the Corporation to be audited or examined by

the Auditor General who shall for this purpose have power to

carry out such physical checking and other verifications as he

may 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 the Minister together with a report by the Board

detailing 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 the copy of the audit and report of Enemalta

referred to in sub-article (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.''.

In sub-article (1) of article 23 of the principal Act, the

words ''and approved by the Minister'' shall be deleted.

Article 28 of the principal Act shall be amended as

(a)

for the proviso to sub-article (1) thereof, there shall

be substituted the following

''Provided that the Chief Executive Officer shall be

selected and appointed with the approval of the Minister.'';

and

(b)

sub-articles (3) and (4) thereof shall be deleted.

For article 35 of the principal Act there shall be substituted Substitution of

the following

''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 accordance 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 sub-article shall not apply to

such operator, concessionaire, manager, agent,

independent contractor or other third party as is

referred to in article 3(5).''.

For article 36 of the principal Act there shall be substituted Substitution of

the following

''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 the Corporation by this Act or

otherwise acquired 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.''.

Paragraph (c) of article 39 of the principal Act shall be

For article 40 of the principal Act there shall be substituted

the following

''40 (1) Enemalta, upon receiving reasonable notice

from the Minister requiring it to fix public lamps or to supply

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 directions 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.''.

For paragraph 2 of the Schedule to the principal Act, there

shall be substituted the following

''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.''.

PART II

This Part amends the Water Services Corporation Act, and Amendment of

it shall be read and construed as one with the Water Services the

Services

Corporation Act, hereinafter in this Part referred to as ''the principal Corporation

Act.

For the definition ''financial year'' in sub-article (1) of Amendment of

article 2 of the principal Act, there shall be substituted the following: article

principal Act.

'' ''financial year'' means the period of twelve months

ending on the thirty first day of December;''.

Article 3 of the principal Act shall be amended as follows

Amendment of

article 3 of the

principal Act.

(a)

paragraph (a) of sub-article (2) thereof shall be

substituted by the following

''(a) to acquire, produce, keep, distribute, sell,

export or otherwise dispose of water for domestic,

commercial, industrial or other purposes;'';

(b) immediately after paragraph (e) of sub-article (2)

thereof, there shall be added the following new paragraph

''(f) to generate new forms and services of

revenue, even if not directly or indirectly related to the use

of water for domestic, commercial, industrial or other

purposes.'';

(c)

paragraphs (e) and (f) of sub-article (4) thereof shall

be substituted by the following

''(e) exercise, perform, discharge and delegate all

such rights powers, duties and functions as are by or under

this Act vested in or assigned to the Corporation;

(f) do all such acts as may be necessary or

conducive for the proper performance or attainment of its

functions;'';

(d) immediately after paragraph (f) of sub-article (4)

thereof, there shall be added the following new paragraphs

''(g) 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;

(h) hold and administer and, if and when it thinks

fit, realize any assets it may hold from time to time.'';

(e)

for sub-article (5) thereof, there shall be substituted

the following

''(5) For the purpose of its functions under this

Act, and with the written authority of the Minister, the

Corporation may grant to any third party of its choice the

right to carry on or engage in or perform, whether in whole

or in part, and whether as operator, concessionaire,

manager, independent contractor or otherwise, any

functions, activities, operations, duties or transactions

which the Corporation is authorised and empowered or

obliged to carry on or engage in or perform under or in

accordance with this Act

Provided that this sub-article shall not be

interpreted as exempting any person so authorized by the

Corporation from complying with the requirements of any

other law.''; and

(f)

immediately after sub-article (5) thereof, there shall

be added the following new sub-article

''(6) In carrying out its functions at law, the

Corporation shall

(a)

ensure that it is in possession of any

licences, permits or authorizations, 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, licencees 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

licences or other authority as the Corporation

may deem necessary.''.

Article 5 of the principal Act shall be amended as follows

Amendment of

article 5 of the

principal Act.

(a)

for subarticle (2) thereof, there shall be substituted

the following

''(2) The Board shall consist of 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.''; and

(b) for subarticle (5) thereof, there shall be substituted

the following

''(5) Subject to the provisions of this Act, and to

any directions of the Board, the executive conduct of the

Corporation, its 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 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.''.

For article 6 of the principal Act there shall be substituted

by the following

'' Works

6. A Works Council, in terms the Employee

Council.

(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.''.

In article 7 of the principal Act the words ''or re-election as

the case may be'' shall be deleted.

In article 8 of the principal Act the words ''or election to,''

shall be deleted.

In sub-article (2) of article 10 of the principal Act the

words ''or election'' shall be deleted.

For article 13 of the principal Act there shall be substituted

the following

''13. 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 the Corporation shall be made in accordance

with such directives as may be established from time to time by

the Minister after consulting the Minister responsible for

finance.''.

Article 17 of the principal Act shall be deleted.

For sub-article (2) of article 23 of the principal Act there

shall be substituted the following

''(2) The Corporation may, from time to time, borrow by

way of overdraft or otherwise, for periods not exceeding twelve

months, such sums as the Board may require for carrying out its

functions under this Act

Provided that for any amount in excess of one

million liri, there shall be required the approval in writing of the

Minister.''.

For article 27 of the principal Act there shall be substituted

the following

''27. (1) The prices to be charged by the Corporation for

any service or facility provided by it under this Act shall be in

accordance with such tariffs as may, from time to time, be

prescribed by the Corporation following the written approval by

the Malta Resources Authority.

(2) Nothing in sub-article (1) or in any such tariff as

aforesaid shall prevent the Corporation from charging other

prices by special agreement, provided that these are lower than

those established by tariff.

(3) In prescribing tariffs, the Corporation shall ensure

that the prices charged are adequate to provide sufficient

revenue to the Corporation 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

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; and

(d) to provide a reasonable return on investment

and expenditure.''.

Article 28 of the principal Act shall be amended as Amendment of

article 28 of the

principal Act.

(a)

in sub-article (1) thereof, for the word ''six'' there

shall be substituted the word ''four''; and

(b) for sub-article (4) thereof, there shall be substituted

the following

''(4) The Minister shall at the earliest opportunity

and not later than eight weeks after he has received a copy

of the estimates of Enemalta, or if at any time during the

period the House of Representatives is not in session,

within eighth 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.''.

For article 29 of the principal Act there shall be substituted

the following

''29. (1) The Corporation shall cause to be kept proper

accounts and other records in respect of its operations.

(2) The accounts of the Corporation 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 of the Corporation to be audited or examined by

the Auditor General who shall for this purpose have power to

carry out such physical checking and other verifications as he

may deem necessary.

(3) A copy of the audited accounts of the Corporation

shall, upon their adoption, be sent forthwith by the Board to the

Minister together with a report by the Board detailing 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 the copy of the audit and report of the Corporation

referred to in sub-article (3), cause such audit and report to be

laid before the House of Representatives, together with the

motions laid before the House under article 28.''.

In sub-article (1) of article 30 of the principal Act, the

words ''and approved by the Minister'' shall be deleted.

Article 35 of the principal Act shall be deleted.

For article 41 of the principal Act there shall be substituted

the following

''41. The Corporation shall only enter into

contracts for the procurement of goods, services or

materials, other than petroleum, or for the execution of

works, in accordance with the Public Procurement of

Entities operating in the Water, Energy, Transport and

Postal Services Sectors Regulations

Provided that the Minister may further limit

the Corporation’s procurement procedures.''.

For sub-article (2) of article 42 of the principal Act there Amendment of

shall be substituted the following

''(2) The Corporation may, subject to the

requirement of any other law and with the written

consent of the Minister, dispose, hypotecate, 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 vested in the Corporation by this Act or as

otherwise required by the Corporation

Provided that for the purpose of any

alienation, disposal or grant of any immovable

property or any interest therein, the Corporation 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.''.

For paragraph 2 of the Schedule to the principal Act there Amendment to

shall be substituted the following

''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.''.

Passed by the House of Representatives at Sitting No. 586 of the

7th November, 2007.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives