Electricity Supply (Amendment) Regulations, 2009

L.N. 164 of 2009

ENEMALTA ACT

(CAP. 272)

Electricity Supply (Amendment) Regulations, 2009

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) Regulations, 2009 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 April, 2009.

Regulation 14 of the principal regulations shall be amended

as follows

(a) in the second proviso to paragraph (c) of sub-

regulation (1) thereof, immediately after the words “Residential

Premises Service” there shall be added the words “or a Domestic

Premises Service”; and

(b) in paragraph (a) of sub-regulation (2) thereof,

immediately after the words “Residential or Non-Residential”

there shall be added the words “or Domestic” and the words

“domestic or industrial or commercial” shall be substituted with

the words “Residential or Non-Residential or Domestic”.

For regulation 36 of the principal regulations there shall

be substituted the following

36 (1) For the purposes of these regulations

“Tariffs for

supply of

a Residential Premises Service shall be charged for in

electricity.

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) For the purposes of these regulations

a Domestic Premises Service shall be charged for in

accordance with the Third Schedule to these regulations.

(4) 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, a Non-Residential

Premises Service or a Domestic Premises Service for the

purposes of these regulations.

(5) 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

Domestic 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 Domestic 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 Domestic 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 meters 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 Domestic Premises

Services for a period of up to twelve months.

(6) For the purposes of these regulations a

consumer may request the Chairman to register individuals

resident in Malta, on a Domestic Premises Service and if

the Chairman accepts such a request, the Service shall be

considered, until at least one individual is registered on

the Service, as a Residential Premises Service

Provided that no one individual shall be registered

on more then one Service at the same time and that no

individual will be registered on a garage or on the common

parts of a condominium.

(7) For the purposes of these regulations, a

Service which is not registered as a Domestic Premises

Service or as a Residential Premises Service in terms of

this regulation or a Service which has not been submitted

for registration as a Domestic Premises Service or a

Residential Premises Service in terms of this regulation,

shall be considered as a Non-Residential Premises Service,

unless otherwise determined by the Chairman.”.

The First Schedule to the principal regulations

shall be amended as follows

(a) item 2) thereof shall be substituted with the following

new item

“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 and which may be

billed on a pro rata basis

i) For every kWh of the first 2,000 kWh………… €0.119; and

ii) For every kWh of the next 4,000 kWh…………€0.134; and

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

(b) paragraph i) of item 4) shall be deleted.

The Second Schedule to the principal regulations shall be

amended as follows

(a) item 2) shall be substituted with the following item

“2) Without prejudice to the other provisions of

these regulations a Non-Residential Premises Service,

shall be subject to one of the following Consumption

Tariffs based on a cumulative consumption per annum

and subject to the relative conditions and which may be

billed on a pro rata basis

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……….. € 0.104; and

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

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

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

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

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

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

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

ix) For every kWh of the remaining consumption…€ 0.086; 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…….… € 0.106; and

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

iii) For every kWh of the next 4,000 kWh……….€ 0.127; and

iv) For every kWh of the next 10,000 kWh…… ..€ 0.142; and

v) For every kWh of the next 40,000 kWh…….€ 0.159; and

vi) For every kWh of the next 40,000 kWh……...€ 0.144; and

vii) For every kWh of the next 900,000 kWh…….€ 0.131; and

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

ix) For every kWh of the remaining consumption € 0.088; and

night consumption shall be subject to the

following tariff

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

For every kWh of the next 4,000 kWh……€ 0.107; and

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

For every kWh of the next 10,000 kWh… .€ 0.135; and

For every kWh of the next 40,000 kWh….€ 0.152; and

For every kWh of the next 40,000 kWh…...€ 0.137; and

For every kWh of the next 900,000 kWh…..€ 0.124; and

For every kWh of the next 4,000,000 kWh…€ 0.107; and

For every kWh of the remaining consumption € 0.081; or

c) The registered consumer on a Non-

Residential Premises Service that is rated above 100

Amps per phase may apply to be meter 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 .€ 0.103; and

ix) For every kVAh of the remaining consumption € 0.079; 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………..€ 0.098; and

ii) For every kVAh of the next 4,000 kVAh ………€ 0.105; and

iii) For every kVAh of the next 4,000 kVAh ………€ 0.117; and

iv) For every kVAh of the next 10,000 kVAh ……..€ 0.131; and

v) For every kVAh of the next 40,000 kVAh … …..€ 0.146; and

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

vii) For every kVAh of the next 900,000 kVAh …....€ 0.121; and

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

ix) For every kVAh of the remaining consumption .. € 0.081; and

night consumption shall be subject to the

following tariff

i)

For every kVAh of the first 2,000 kVAh………€ 0.091; and

ii) For every kVAh of the next 4,000 kVAh … … € 0.098; and

iii) For every kVAh of the next 4,000 kVAh … … € 0.110; and

iv) For every kVAh of the next 10,000 kVAh … . .€ 0.124; and

v)

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

vi) For every kVAh of the next 40,000 kVAh ……..€ 0.126; and

vii) For every kVAh of the next 900,000 kVAh …....€ 0.114; and

viii) For every kVAh of the next 4,000,000 kVAh ….€ 0.098; and

ix) For every kVAh of the remaining consumption…€ 0.074.”; and

(b) item 3) shall be deleted.

Immediately after the Second Schedule there shall be

added a new Third Schedule to the principal regulations as follows

“THIRD SCHEDULE

(Regulation 36)

A Domestic 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 Domestic Premises Service shall be subject to

the following Annual Service Charge

(a) 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 Domestic Premises Service shall be subject to

the following Consumption Tariff based on a cumulative

consumption per annum and which may be billed on a pro rata

basis

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 Domestic 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) All the above rates are inclusive of Value Added

Tax.

5) The following provisions shall apply with respect to

the registration of persons on a Domestic Premises Service or

on a Residential Premises Service

(a) a consumer shall furnish in writing to

Enemalta, within such time as may be stipulated by

Enemalta, any information together with any supporting

documents which may be required for the purpose of

such registration;

(b) a consumer shall notify Enemalta in writing of

any change in the circumstances, on the basis of which

such registration is made, not later than one month from

when such change occurs;

(c) any change in the number of persons registered

on a Domestic Premises Service or on a Residential

Premises Service shall be taken into account, for the

purpose of such registration, from the date of the first

normal meter reading following the date on which the

change in the number of persons occurs or the date on

which Enemalta is notified in writing of such a change, at

the discretion of Enemalta;

(d) a person residing in a tenement may apply to

Enemalta so that he shall be registered on a tenement

other than that in which he resides;

(e) any application shall be made in such form as

may be issued by Enemalta from time to time;

(f) every arrangement made in terms of this item

shall be valid until the 31st December of the year in which

it was made or for which it was renewed, and it shall

be deemed to have been renewed for the next following

year, unless the consumer, not later than the last day of

November of the year in which the arrangement is in

force, gives notice in writing to Enemalta that he does

not want the said arrangement to be so renewed.”.