Electricity Supply (Amendment) (No. 2) Regulations, 2008

L.N. 330 of 2008

ENEMALTA ACT

(CAP. 272)

Electricity Supply (Amendment) (No. 2) Regulations, 2008

IN exercise of the powers conferred by articles 20 and 39 of the

Enemalta Act, Enemalta, with the approval of the Minister for

Infrastructure, Transport and Communications, and with the approval

of the Malta Resources Authority: -

(1) The title of these regulations is the Electricity Supply

(Amendment) (No. 2) Regulations, 2008 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 October, 2008.

Sub-regulation (1) of regulation 2 to the principal regulations

shall be amended as follows

(a)

the definition “Board of Trade Unit” shall be deleted;

(b) the definition “quarter” shall be deleted;

(c)

the definition “Unit” shall be deleted;

(d) immediately before the definition “Enemalta” there

shall be added the following new definition

“ “day consumption” means the consumption

registered between 06.00 hours and 22.00 hours of the same

day;”;

(e) immediately after the definition “installation” there

shall be added the following new definitions

“ “kWh” means kilo Watt hour;

“kVAh” means kilo Volt Ampere hour;

“night consumption” means the consumption registered

between 22.00 hours of one day and 06.00 hours of the

following day”.

Sub-regulation (2) of regulation 4 to the principal regulations Amends

4 of the principal

shall be deleted.

regulation.

Regulation 14 of the principal regulations shall be amended Amends regulation

14 of the principal

as follows

regulations;

(a) in item (b) of sub-regulation (1) thereof, immediately

after the words “per phase” there shall be added the words “and a

supply in excess of 60 Amps per phase, provided through one meter,

shall be deemed as a bulk supply for the purposes of these

regulations”;

(b) item (c) of sub-regulation (1)thereof shall be substituted

as follows

“(c) Without prejudice to the other provisions of these

regulations an installation charge shall be due on every new

application for a service amounting to €300 for the provision of a

Single Phase Service or to €900 for the provision of a Three Phase

Service

Provided that the replacement of a Single Phase Service with

a Three Phase Service or of a Three Phase Service with a Single

Phase Service shall be deemed to be a new application for the

purposes of these regulations and shall be subject to the charges

established by this sub-regulation for a new application

Provided further that, only in the case of a Residential

Premises Service, up to the 30th June 2009, the replacement of a

Three Phase Service with a Single Phase Service shall be subject

to a charge of €163.06 but shall thereafter be deemed to be a new

application for the purposes of these regulations and shall be subject

to the charge established by this sub-regulation for a new

application.”.

(c) in item (d) of sub-regulation (1) thereof the words

“Lm100” shall be substituted with the words “€430” and the words

“Lm300” shall be substituted with the words “€1300”;

(d) in item (a) of sub-regulation (2) thereof the words

“domestic or industrial or commercial” shall be substituted with

the words “Residential or Non-Residential”;

(e) in item (d) of sub-regulation (2) thereof the words “An

industrial/ commercial premises forming part of” shall be

substituted with the words “A Service within”; and

(f) in item (b) of sub-regulation (3)thereof the words “,

normally for industrial and commercial concerns,” shall be deleted.

For regulation 36 of the principal regulations there shall be Amends regulation

36 to the principal

substituted the following

regulations.

36. (1) For the purposes of these regulations a

Residential Premises Service shall be charged for in

accordance with the First Schedule to these regulations.

(2) For the purposes of these regulations a Non-

Residential Premises Service shall be charged for in

accordance with the Second Schedule to these regulations.

(3) Notwithstanding the provisions of any other

law, the Chairman shall, at any time and in his discretion,

having regard to the provisions of these regulations, determine

whether a Service is to be deemed a Residential Premises

Service or a Non-Residential Premises Service for the

purposes of these regulations.

(4) For the purposes of these regulations, a

consumer shall be entitled to submit an application requesting

that a Service to individual units of residence, used solely

and regularly as private dwellings, as may be confirmed by

documentary evidence, be registered as a Residential Premises

Service

Provided that the Service to the common parts of a

condominium consisting entirely of premises used

exclusively for residential purposes may also be

submitted for registration as a Residential Premises

Service

Provided further that, unless otherwise authorised

by the Chairman, for good and sufficient cause, a

consumer shall only be entitled to register as a Residential

Premises Service, a Service to one Primary Residence,

a Service to one Secondary Residence and a Service to

one Garage which does not exceed 30 square metres in

area and is used exclusively for private, non-commercial

purposes

Provided also that in the case of uninhabited

premises intended for residential use, the Corporation

may allow such a service to be registered as a Residential

Premises Services for a period of up to twelve months.

(5) For the purposes of these regulations, a

Service which is not registered as a Residential Premises

Service in terms of this regulation or a Service which

has not been submitted for registration as a Residential

Premises Service in terms of this regulation, shall be

considered as a Non-Residential Premises Service, unless

otherwise determined by the Chairman.”.

Regulation 37 of the principal regulations shall be deleted.

Regulation 38 of the principal regulations shall be deleted.

Regulation 39 of the principal regulations shall be deleted.

Regulation 40 of the principal regulations shall be deleted.

Regulation 41 of the principal regulations shall be deleted.

Regulation 43 of the principal regulations shall be deleted.

Regulation 44 of the principal regulations shall be deleted;

In regulation 50 of the principal regulations, immediately

after the word “Enemalta” shall be added the following words “, and

Enemalta shall be entitled to charge a fee of €1500 if a meter installed

on a consumer’s premises is subsequently found to be missing”.

Regulation 53 of the principal regulations shall be amended

as follows

(a) for sub-regulation (1) there shall be substituted the

following

(b) “(1) A charge of € 55 shall be made for the replacement

or the removal of a meter, when such meter shall have been removed

or replaced at the request of the owner of the premises or of the

consumer applying for its replacement or removal”; and

(c) sub-regulation (2) thereof shall be deleted.

In regulation 59 of the principal regulations immediately after Amends

59 of the principal

the words “on being tested” there shall be added the words “at the request regulations.

of the consumer” and the words “one euro and sixteen cents (€1.16)”

shall be substituted with the words “€70”.

Regulation 63 of the principal regulations shall be amended Amends regulation

63 of the principal

as follows

regulations.

(a) in paragraph (a) the words “€4.66” shall be substituted

with the words “€5”;

(b) in paragraph (b) the words “€11.65” shall be substituted

with the words “€15”; and

(c) in paragraph (c) the words “€23.29” shall be substituted

with the words “€35”.

Regulation 65 of the principal regulations shall be deleted.

Deletes regulation

65 of the principal

regulations.

In regulation 71 of the principal regulations the words

Amends regulation

71 of the principal

“€139.76” shall be substituted with the words “€140”.

regulations.

Deletes regulation

Regulation 87 of the principal regulations shall be deleted.

87 of the principal

regulations.

For the First Schedule to the principal regulations there shall Amends the First

Schedule to the

be substituted the following new Schedule

principal

regulations.

“FIRST SCHEDULE

(Regulation 36)

A Residential Premises Service shall be billed, for any period or

periods as Enemalta may, from time to time determine, in accordance

with the following charges and tariffs

1) Without prejudice to the other provisions of these regulations

a Residential Premises Service shall be subject to the following Annual

Service Charge

(a) up to the 31st December 2008 a charge of €27.95,

irrespective of whether the service is a Single Phase Service or a

Three Phase Service; and

(b) from the 1st January 2009 a charge of €65 for a Single

Phase Service and a charge of €195 for a Three Phase Service; and

2) Without prejudice to the other provisions of these regulations

a Residential Premises Service shall be subject to the following

Consumption Tariff based on a cumulative consumption per annum

i) For every kWh of the first 2,000 kWh…………… €0.161; and

ii) For every kWh of the next 4,000 kWh……………€0.173; and

iii) For every kWh of the next 4,000 kWh……………€0.189; and

iv) For every kWh of the next 10,000 kWh…………..€0.209; and

v) For every kWh of the remaining consumption……€0.232; and

3) Without prejudice to the other provisions of these regulations

a Residential Premises Three Phase Service exceeding 60 Amps per

phase shall also be subject to a Maximum Demand Tariff at the rate of

€21.05 per annum per kW of the Maximum Demand in any period during

the year.

4) Without prejudice to the other provisions of these regulations

a Residential Premises Service, which is provided to a Primary Residence

or a Secondary Residence, shall be eligible to an Eco Reduction of the

amount due for consumption of electricity for the billing period in

question, which shall be calculated in accordance with the following

rates, on a pro rata basis of the relative annual cumulative consumption

i) If no individual is registered on a Residential Premises

Service, the Service shall not be eligible for an eco-reduction;

ii) If only one individual is registered on a Residential

Premises Service, the Service shall be eligible for an eco-reduction

of 25% of all the amount due for consumption of electricity for the

billing period in question if the consumption shall not exceed the

pro rata equivalent consumption of 2,000 kWh per annum; or

iii) If more then one individual is registered on a

Residential Premises Service, the Service shall be eligible for an

Eco Reduction

a) of 25% of all the amount due for consumption of

electricity for the billing period in question if the consumption

shall not exceed the pro rata equivalent of 1,000 kWh per

annum per individual registered; or

b) of 15% of all the amount due for consumption of

electricity for the billing period in question if the consumption

shall exceed the pro rata equivalent of 1,000 kWh per annum

per individual registered but shall not exceed or be equal to,

the pro rata equivalent consumption of 1,750 kWh per annum

per individual registered;

Provided that no one individual shall be registered on

more then one Service at the same time and that the Eco

Reduction shall only apply for Primary Residences and

Secondary Residences;

Provided further that an Eco Reduction shall only be

calculated on the basis of an Actual Reading of the

consumption taken by a representative of Enemalta or by a

Consumer Reading provided to a representative of Enemalta

through an established procedure, by the consumer registered

on the Service, and notwithstanding the provisions of any

other law, if an Actual Reading or a Consumer Reading as

defined in this proviso shall not be available for the billing

period in question, the Service’s eligibility for an Eco

Reduction for that billing period shall be forfeited

permanently.

All the above rates are inclusive of Value Added Tax.”.

The Second Schedule to the principal regulations shall be Amends the Second

Schedule to the

substituted with the following new Schedule

principal

regulations.

“SECOND SCHEDULE

(Regulation 36)

A Non-Residential Premises Service shall be billed for any period

or periods as Enemalta may from time to time determine, in accordance

with the following charges and tariffs

1) Without prejudice to the other provisions of these regulations

a Non-Residential Single Phase Service shall be subject to an annual

Service Charge of €120 and a Non-Residential Three Phase Service

shall be subject to an annual Service Charge of €360.

2) Without prejudice to the other provisions of these regulations

a Non-Residential Premises Service, other then Services which are

authorised by the Corporation to be charged in accordance with

regulation 3) to this schedule, shall be subject to one of the following

Consumption Tariffs based on a cumulative consumption per annum

and subject to the relative conditions

a) Electricity consumption will be metered in kWh and will be

billed at the following tariffs

i) For every kWh of the first 2,000 kWh…….….. €0.147;and

ii) For every kWh of the next 4,000 kWh…….…..€ 0.155; and

iii) For every kWh of the next 4,000 kWh…….….€ 0.168; and

iv) For every kWh of the next 10,000 kWh…..…...€ 0.183; and

v) For every kWh of the next 40,000 kWh……….€ 0.200; and

vi) For every kWh of the next 40,000 kWh….........€ 0.185; and

vii) For every kWh of the next 900,000 kWh….......€ 0.172; and

viii) For every kWh of the next 4,000,000 kWh........€ 0.160; and

ix) For every kWh of the remaining consumption….€ 0.134; or

b) The registered consumer on a Non-Residential Premises

Service with a consumption exceeding 5,000,000 kWh may apply

to be billed at day and night kWh rates at the following tariffs

day consumption shall be subject to the following tariff

For every kWh of the first 2,000 kWh…….… € 0.150; and

i)

ii)

For every kWh of the next 4,000 kWh……….€ 0.158; and

iii)

For every kWh of the next 4,000 kWh……….€ 0.171; and

iv)

For every kWh of the next 10,000 kWh…… ..€ 0.186; and

v)

For every kWh of the next 40,000 kWh…….€ 0.203; and

vi)

For every kWh of the next 40,000 kWh……...€ 0.188; and

vii)

For every kWh of the next 900,000 kWh…….€ 0.175; and

viii)

For every kWh of the next 4,000,000 kWh… .€ 0.163; and

For every kWh of the remaining consumption € 0.137; and

ix)

night consumption shall be subject to the following tariff

i) For every kWh of the first 2,000 kWh….....… € 0.144; and

ii) For every kWh of the next 4,000 kWh….....…€ 0.152; and

iii) For every kWh of the next 4,000 kWh….....…€ 0.165; and

iv) For every kWh of the next 10,000 kWh…......€ 0.180; and

v) For every kWh of the next 40,000 kWh….....€ 0.197; and

vi) For every kWh of the next 40,000 kWh….......€ 0.182; and

vii) For every kWh of the next 900,000 kWh….....€ 0.169; and

viii) For every kWh of the next 4,000,000 kWh…..€ 0.157; and

ix) For every kWh of the remaining consumption ...€ 0.131; or

c) The registered consumer on a Non-Residential Premises

Service that is rated above 100 Amps per phase may apply to be

metered and billed in kVAh at the following tariffs

i) For every kVAh of the first 2,000 kVAh……...€ 0.135; and

ii) For every kVAh of the next 4,000 kVAh .….€ 0.143; and

iii) For every kVAh of the next 4,000 kVAh ……€ 0.155; and

iv) For every kVAh of the next 10,000 kVAh … .€ 0.168; and

v) For every kVAh of the next 40,000 kVAh …..€ 0.184; and

vi) For every kVAh of the next 40,000 kVAh …..€ 0.170; and

vii) For every kVAh of the next 900,000 kVAh ....€ 0.158; and

viii) For every kVAh of the next 4,000,000 kVAh .€ 0.147; and

ix) For every kVAh of the remaining consumption € 0.123; or

d) The registered consumer on a Non-Residential Premises

Service that is rated above 100 Amps per phase and has a

consumption exceeding 5,500,000 kVAh may apply to be billed at

day and night kVAh rates at the following tariffs

day consumption shall be subject to the following tariff

i) For every kVAh of the first 2,000 kVAh….…..€ 0.138; and

ii) For every kVAh of the next 4,000 kVAh ….…€ 0.145; and

iii) For every kVAh of the next 4,000 kVAh .……€ 0.158; and

iv) For every kVAh of the next 10,000 kVAh .…..€ 0.171; and

v ) For every kVAh of the next 40,000 kVAh .…..€ 0.187; and

vi) For every kVAh of the next 40,000 kVAh .…..€ 0.173; and

vii) For every kVAh of the next 900,000 kVAh .....€ 0.161; and

viii) For every kVAh of the next 4,000,000 kVAh...€ 0.150; and

ix) For every kVAh of the remaining consumption € 0.126; and

night consumption shall be subject to the following tariff

i) For every kVAh of the first 2,000 kVAh………€ 0.132; and

ii) For every kVAh of the next 4,000 kVAh …… € 0.140; and

iii) For every kVAh of the next 4,000 kVAh …… € 0.152; and

iv) For every kVAh of the next 10,000 kVAh …. .€ 0.165; and

v) For every kVAh of the next 40,000 kVAh .…..€ 0.181; and

vi) For every kVAh of the next 40,000 kVAh …...€ 0.167; and

vii) For every kVAh of the next 900,000 kVAh .....€ 0.155; and

viii) For every kVAh of the next 4,000,000 kVAh ..€ 0.144; and

ix) For every kVAh of the remaining consumption…..€ 0.120.

3) Without prejudice to the other provisions of these regulations

a Non-Residential Premises Service provided to a Hotel or a Guesthouse,

irrespective of consumption, or to a Factory with an estimated annual

consumption of 1,200,000 kWh or 1,300,000 kVAh may be subject, on

applying, to one of the following Reduced Consumption Tariffs based

on a cumulative consumption per annum

a) Electricity consumption will be metered in kWh will be

billed at the following tariffs

For every kWh of the first 2,000 kWh….....… € 0.104; and

For every kWh of the next 4,000 kWh….....…€ 0.112; and

For every kWh of the next 4,000 kWh….....…€ 0.125; and

For every kWh of the next 10,000 kWh….......€ 0.140; and

For every kWh of the next 40,000 kWh….......€ 0.157; and

For every kWh of the next 40,000 kWh….......€ 0.142; and

For every kWh of the next 900,000 kWh.........€ 0.129; and

For every kWh of the next 4,000,000 kWh......€ 0.117; and

For every kWh of the remaining consumption.... € 0.091;or

b) The registered consumer on a Non-Residential Premises

Service with a consumption exceeding 5,000,000 kWh may apply

to be billed at day and night kWh rates at the following tariffs

day consumption shall be subject to the following tariff

i) For every kWh of the first 2,000 kWh….…… € 0.107; and

ii) For every kWh of the next 4,000 kWh…....…€ 0.115; and

iii) For every kWh of the next 4,000 kWh………€ 0.128; and

iv) For every kWh of the next 10,000 kWh……..€ 0.143; and

v) For every kWh of the next 40,000 kWh……..€ 0.160; and

vi) For every kWh of the next 40,000 kWh……..€ 0.145; and

vii) For every kWh of the next 900,000 kWh…....€ 0.132; and

viii) For every kWh of the next 4,000,000 kWh….€ 0.120; and

ix) For every kWh of the remaining consumption € 0.094;and

night consumption shall be subject to the following tariff

For every kWh of the first 2,000 kWh…….… € 0.101; and

For every kWh of the next 4,000 kWh…….…€ 0.109; and

For every kWh of the next 4,000 kWh…….…€ 0.122; and

For every kWh of the next 10,000 kWh……...€ 0.137; and

For every kWh of the next 40,000 kWh……...€ 0.154; and

For every kWh of the next 40,000 kWh……...€ 0.139; and

For every kWh of the next 900,000 kWh….....€ 0.126; and

For every kWh of the next 4,000,000 kWh......€ 0.114; and

For every kWh of the remaining consumption.. € 0.088; or

c) The registered consumer on a Non-Residential Premises

Service that is rated above 100 Amps per phase may apply to be

metered and billed in kVAh at the following tariffs

i) For every kVAh of the first 2,000 kVAh….…..€ 0.096; and

ii) For every kVAh of the next 4,000 kVAh ……€ 0.103; and

iii) For every kVAh of the next 4,000 kVAh ……€ 0.115; and

iv) For every kVAh of the next 10,000 kVAh …..€ 0.129; and

v) For every kVAh of the next 40,000 kVAh …..€ 0.144; and

vi) For every kVAh of the next 40,000 kVAh ......€ 0.131; and

vii) For every kVAh of the next 900,000 kVAh ....€ 0.119; and

viii) For every kVAh of the next 4,000,000 kVAh..€ 0.108; and

ix) For every kVAh of the remaining consumption € 0.084; or

d) The registered consumer on a Non-Residential Premises

Service that is rated above 100 Amps per phase and has a

consumption exceeding 5,500,000 kVAh may apply to be billed at

day and night kVAh rates at the following tariffs

day consumption shall be subject to the following tariff

For every kVAh of the first 2,000 kVAh….….€ 0.099; and

For every kVAh of the next 4,000 kVAh ……€ 0.106; and

For every kVAh of the next 4,000 kVAh ……€ 0.118; and

For every kVAh of the next 10,000 kVAh …..€ 0.132; and

For every kVAh of the next 40,000 kVAh …..€ 0.147; and

For every kVAh of the next 40,000 kVAh …..€ 0.133; and

For every kVAh of the next 900,000 kVAh ....€ 0.122; and

For every kVAh of the next 4,000,000 kVAh..€ 0.111; and

For every kVAh of the remaining consumption € 0.087; and

night consumption shall be subject to the following tariff

For every kVAh of the first 2,000 kVAh….…..€ 0.093; and

For every kVAh of the next 4,000 kVAh ….…€ 0.100; and

For every kVAh of the next 4,000 kVAh ….…€ 0.112; and

For every kVAh of the next 10,000 kVAh …...€ 0.126; and

For every kVAh of the next 40,000 kVAh …...€ 0.141; and

For every kVAh of the next 40,000 kVAh…....€ 0.128; and

For every kVAh of the next 900,000 kVAh .....€ 0.116; and

For every kVAh of the next 4,000,000 kVAh...€ 0.105; and

For every kVAh of the remaining consumption..…€ 0.081;

Provided that the Corporation shall, in its discretion, determine

whether the Hotel or Guesthouse or Factory applying for the Reduced

Tariff in terms of this regulation, be charged in terms of this regulation

or in terms of regulation 2) to this Schedule

Provided further that the Corporation may, in the case of a Hotel

or a Guesthouse or a Factory, having multiple activities, determine which

activities should be charged the Tariff established by this regulation

and which activities should be charged the Tariff established by

regulation 2) to this Schedule and the Corporation may order the

installation of sub-meters to discern between the consumption used for

the various activities.

4) Without prejudice to the other provisions of these regulations

a Non-Residential Premises Three Phase Service exceeding 60 Amps

per phase shall also be subject to a Maximum Demand Tariff at the

following rates

i) If consumption does not exceed or is equal to 5,000,000

kW, at a rate of €20.50 per kW of the Maximum Demand in any

period during the year;

ii) If consumption does not exceed or is equal to 5,500,000

kVA, at a rate of €19.20 per kVA of the Maximum Demand in any

period during the year;

iii) If consumption exceeds 5,000,000 kW or 5,500,000

kVA, at a rate of €17.20 of the Maximum Demand in any period

during the year;

5)

All the above rates are exclusive of Value Added Tax.”.

The Third Schedule to the principal regulations shall be

deleted.

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