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>–

(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 1 st January 2006.

Immediately after regulation 87 of the principal regulations,

there shall be added the following new regulation>

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 Cap. 9.

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>

(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.”.

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