Electricity Supply (Amendment) (No. 2) Regulations, 2010

L.N. 52 of 2010

ENEMALTA ACT

(CAP.272)

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Electricity Supply (Amendment) (No. 2) Regulations, 2010

IN exercise of the powers conferred by article 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 and the Minister for

Resources and Rural Affairs, has made the following regulations:–

The title of these regulations is the Electricity Supply

(Amendment) (No. 2) Regulations, 2010 and they shall be read

and construed as one with the Electricity Supply Regulations, 1940

hereinafter referred to as “the principal regulations”.

Regulation 2 of the principal regulations shall be

amended as follows

(a) immediately before the definition “Chairman” there

shall be inserted the following new definition

“ “application” means an application for the supply

of electricity made to the Chairman in accordance with

these regulations;”;

(b) immediately after the new definition “application”

there shall be inserted the following new definition

“ “BHP” means Break Horse Power;”;

(c) immediately after the definition “Chairman” there

shall be added the following new definition

“ “close family member” means the parents,

spouse, or children of the consumer;”;

(d) for the definition “Enemalta” there shall be

substituted the following

“ “Enemalta” means the Enemalta Corporation as

established by the Enemalta Act, and any reference made

to “Corporation” therein, shall be read and construed as

being a reference to Enemalta

Provided that any reference to Enemalta shall, also

be construed as being a reference to any subsidiary or

associate company of Enemalta, or to any other entity,

however so described, duly authorized in writing by

Enemalta to perform any of the functions that Enemalta

may undertake in accordance with these regulations;”;

(e)

immediately after the definition “Enemalta” there

shall be inserted the following new definition

“ “H.T. contribution” means high tension

contribution;”;

(f) immediately after the definition “kVAh” there shall

be inserted the following new definition

“ “maximum demand made in any period” means

twice the greatest number of units supplied during any

thirty consecutive minutes during the year or, as the

case may be, the quarter, as registered by the maximum

demand indicator of the meter installed in such premises

by Enemalta

Provided that -

(a) where the seal of a maximum demand

indicator of the meter is found broken or tampered

with, the indicator shall be conclusively deemed to

have registered the highest demand in KW or KVA,

depending on the applicable tariff, which the meter

is capable of registering; or

(b) where a maximum demand indicator of

the meter is found to be defective, for reasons other

than breaking or tampering, the maximum demand

made in any period during the last preceding year

or, as the case may be, during the last preceding

corresponding quarter, shall, unless it is otherwise

agreed between Enemalta and the consumer, apply

to the year or, as the case may be, to the quarter

in relation to which such indicator is found to be

defective, until the indicator is repaired or replaced

by Enemalta

Provided further that, without prejudice to the

other provisions of these regulations, and for the

purposes of this paragraph only, “year” means a

period of approximately twelve consecutive months

ending on such day not earlier than the 24th day of

March and not later than the 7th day of April on

which a reading is carried out.”.

(g) in the definition “Office”, for the words “the Head

Office of Enemalta.”, there shall be substituted the words “the

Head Office of Enemalta;”;

(h) immediately after the definition “Office” there

shall be added the following new definition

“ “reading” means a reading of the current

consumption of electricity by an officer authorised by

Enemalta to undertake such readings, or through remote

reading mechanism;”;

(i) immediately after the definition “reading” there

shall be added the following new definition

“ “smart meter” means an advanced electricity

meter that stores data related to the consumption of

electricity enabling two-way transfer of data through

a network, primarily for monitoring and billing

purposes;”;

(j) immediately after the new definition “smart meter”

there shall be added the following new definition

“special readings of meters” means the reading of

a meter made at the request of the consumer.”.

For regulation 3 of the principal regulations there shall be

substituted the following

3. (1) Bill collectors, meter readers and

“Identification

any Enemalta officer carrying out field duties and

requiring access to private premises, shall, when on

duty and visiting such private premises, clearly identify

themselves as acting on behalf of Enemalta.

(2) Without prejudice to any other law allowing

the entry into any premises at all reasonable times

to a service provider, such officers shall carry an

identification pass issued by Enemalta which pass shall

be produced each time that any such person requests

admission to any private premises in the course of his

work

Provided that a consumer may refuse admission to

his premises to any such officers who fail to produce a

pass

Provided further that any persons acting on behalf

of, or engaged by Enemalta to carry out work on its

behalf, shall present a similar identification pass when

visiting the premises of a consumer to undertake such

work.”.

Regulation 13 of the principal regulations shall be

In paragraph (e) of sub-regulation 3 of regulation 14

of the principal regulations, for the words “Lm35” there shall be

substituted the words “€ 81.52”.

Regulation 15 of the principal regulations shall be

amended as follows

(a) in item (iii) of paragraph (b) thereof for the words

“Lm10,000” there shall be substituted the words “€23,293”;

(b) in item (iv) of paragraph (b) thereof for the words

“Lm25” there shall be substituted the words “€58.23”; and

(c) in item (i) of paragraph (c) thereof for the words

“Lm10,000” there shall be substituted the words “€23,293”.

Regulation 19 of the principal regulations shall be

amended as follows

(a) in sub-article (4) thereof for the words “Lm5” and

“Lm10” wherever they occur, there shall be substituted the

words “€11.65” and “€23.29” respectively; and

(b) in sub-article (6) thereof for the words “Lm5”

there shall be substituted the words “€11.65”.

In regulation 25 of the principal regulations for the words

“Lm5” there shall be substituted the words “€11.65”.

In regulation 27 of the principal regulations for the words

“Lm100” there shall be substituted the words “€232.93”.

In regulation 28 of the principal regulations for the

words “Lm5” there shall be substituted the words “€11.65”.

In regulation 34 of the principal regulations for the

words “Lm1,000” wherever they occur, there shall be substituted

the words “€2,329”.

In regulation 57 of the principal regulations for the

words “who may be present at the test.” there shall be substituted

the words “who may be present during the test:” and immediately

thereafter there shall be added the following new proviso

“Provided that before carrying out any such test,

Enemalta shall serve prior written notice on the consumer,

at least two working days before, of the time, date and place

when such a test is carried out. The contact details of the

relative office in case of queries or related issues shall be

made available to the consumer, also on the aforementioned

written notice.”.

In sub-regulation (2) of regulation 61 of the principal

regulations, the words, “at the Manager’s discretion,” shall be

deleted.

In regulation 71 of the principal regulations immediately

after the words “regulation 67” there shall be inserted the words

“or regulation 85”.

In regulation 72 of the principal regulations for the

words “that may be due by him under these regulations.” there

shall be substituted the words “that may be due by the consumer

under these regulations:” and immediately thereafter there shall be

added the following proviso

“Provided that Enemalta may, as from the date

established in such notice, discontinue the supply of

electricity and remove the meter.”.

Regulations 73, 75 and 76 of the principal regulations

shall be deleted.

Sub-regulation (1) of regulation 83 of the principal

regulations shall be amended as follows

(a) for the words “Consumers shall at all reasonable

times” there shall be substituted the words “Subject to

the provisions of regulation 83A, consumers shall at all

reasonable times”;

(b) in paragraph (e) thereof, for the words “or horse-

power installed in the premises.”, there shall be substituted

the words “or horse power installed in the premises;”; and

(c) immediately after paragraph (e) thereof, there shall

be added the following new paragraph

“(f) installing, inspecting, testing, replacing,

removing or doing any other work as may be deemed

necessary by Enemalta on a smart meter, or any related

works.”.

Immediately after regulation 83 of the principal

regulations, there shall be added the following new regulation

83A. (1) Prior to installing or doing any other

work relating to smart meters on the premises of a

appointments

consumer, Enemalta shall notify in writing the consumer

smart meters.

of the date of the appointment when such work shall

be undertaken by Enemalta at the premises of the

consumer

Provided that in notifying an appointment,

Enemalta shall endeavour to provide the consumer

with an approximate indication of the time of the

appointment.

(2) A notification of an appointment shall be

communicated to the consumer at least four working

days prior to the date proposed for the undertaking of

the said works and shall clearly state the purpose of the

appointment providing the consumer with contact details

to communicate with an Enemalta representative in case

of queries.

(3) The consumer may request Enemalta to

reschedule any such appointment

Provided that such a rescheduled appointment shall

be held within a period of fifteen working days from the

date of the appointment originally notified by Enemalta

to the consumer

Provided further that the consumer shall, under pain

of nullity, communicate his request for a rescheduling at

least two working days before the scheduled day for the

appointment communicated to him by Enemalta.

(4) The consumer may request a rescheduling of

the appointment beyond the period of fifteen working

days if he provides Enemalta with written documentation

which demonstrates that the consumer shall not be able

to be present within such a period due to any of the

following reasons

(a) his ill-health conditions or those relating

to a close family member;

(b)

the death of a close family member;

(c)

travel reasons;

(d)

jury service;

(e)

at the discretion of the Chairman

Provided that in no instance may the

consumer request a rescheduling beyond the period

of sixty working days from the date of the original

appointment.

(5) Where the consumer requests Enemalta to

reschedule an appointment in any of the following

instances

(a) between 8.00 a.m. and 4.00 p.m. on any

day from Monday to Friday, not being a public

holiday, and not beyond the period of fifteen

working days of the first scheduled visit, Enemalta

shall not issue any charges;

(b) between 4.00 pm and 8.00 pm on

any day from Monday to Friday not being a

public holiday, or between 8.00 am and 4.00 pm

on a Saturday, as long as the appointment is not

beyond the period of fifteen working days of the

first scheduled visit, Enemalta may issue a charge

equivalent to an after hours fee of €10; and, or

(c) between 8.00 a.m. to 4.00 pm on a

Sunday or a public holiday, or beyond the period

of fifteen working days of the first notified visit,

Enemalta may issue a charge equivalent to an after

hours fee of €25.

(6) The consumer shall be refunded any after

hours fee paid to Enemalta for an appointment held

in accordance with this regulation if the consumer

requested rescheduling because of any of the following

(a)

performance of jury service;

(b) a court summons;

(c)

travel abroad;

(d) a previously scheduled medical

appointment, whether of the consumer or of a close

family member who needs to be accompanied by

the consumer;

(e) where the consumer is undergoing

medical treatment or a close family member is

undergoing medical treatment which necessitates

the presence of the consumer; or

(f)

at the discretion of the Chairman

Provided that in any of the instances listed in this

subregulation, Enemalta may require the consumer

to furnish proof as it may reasonably require to

substantiate the reason why the consumer is requesting a

rescheduling of the appointment.

(7) Without prejudice to the provisions of this

regulation, an appointment scheduled in accordance with

this regulation which is not honored by the consumer

shall, for the purposes of these regulations, be considered

to be an unsuccessful scheduled visit.”.

In regulation 85 of the principal regulations for the

words “is refused or rendered difficult or impossible.” there shall be

substituted the words “is refused or rendered difficult or impossible

or if the consumer does not comply with the requirements of

regulation 51 after being given two months notice in writing to

carry out the necessary alterations as required by Enemalta to be

compliant with that regulation:” and immediately thereafter, there

shall be inserted the following proviso

“Provided that for the purposes of this regulation,

access shall be deemed to have been refused, if Enemalta,

or its representatives, for any reason whatsoever, are not

afforded access to premises in terms of regulations 83 or

84, notwithstanding their reasonable efforts to notify the

consumer or the occupant of the premises of their requirement

to enter the premises.”.