AUTHORISATIONS (SUSPENSION, REFUSAL AND REVOCATION) REGULATIONS

AUTHORISATIONS (SUSPENSION,

REFUSAL AND REVOCATION)

SUBSIDIARY LEGISLATION 545.19

AUTHORISATIONS (SUSPENSION, REFUSAL AND

REVOCATION) REGULATIONS

22nd August, 2008

LEGAL NOTICE 195 of 2008, as amended by Acts XXXIV of 2014 and

XXV of 2015; and Legal Notice 80 of 2016.

The title of these regulations is the Authorisations

(Suspension, Refusal and Revocation) Regulations.

(1) Unless stated otherwise in these regulations, the

definitions in the Act shall apply.

(2)

In these regulations, unless the context otherwise requires

"the Act" means the Regulator for Energy and Water Services

Act;

"applicant" means a person who has submitted an application for

the issue or transfer to him of an authorisation and in the case of a

legal person shall also include any other person who has a

controlling or beneficial interest in that person;

"authorised provider" means any person who holds a valid

authorisation to operate, provide or carry out any activity or

operation or service however so described relating to energy or

water and in the case of a legal person also includes any natural or

legal person who has a controlling interest in that person.

These regulations shall apply to any natural or legal

person, who applies to the Regulator for the issue, transfer or

renewal of an authorisation, to carry out any operation or activity

relating to energy or water.

Applicants and authorised providers applying to the

Regulator for the issue, transfer or renewal of an authorisation shall

provide the Regulator with all relevant information as may be

required by the Regulator for the purpose of satisfying itself that

the applicant or the authorised provider is a fit and proper person to

hold an authorisation.

(1) The Regulator may refuse the application for the issue

or transfer of an authorisation, and in the case of a renewal of an

authorisation, suspend or revoke an authorisation, if an applicant

for the issue of an authorisation or an authorised provider has -

(a) contravened any provision of, or committed an offence

against -

(i)

the Act, any regulations prescribed thereunder,

any subsidiary legislation prescribed under any

of the provisions of the Petroleum (Importation,

Storage and Sale) Ordinance, the Enemalta

(Transfer of Assets, Rights, Liabilities and

Obligations) Act or the Water Services

Corporation Act or any regulations kept in force

AUTHORISATIONS (SUSPENSION,

REFUSAL AND REVOCATION)

by virtue of the provisions of any of the

aforesaid Acts or deemed to have been issued

thereunder, or of any other law for which the

Regulator is the competent authority;

(ii) the Consumer Affairs Act, the Competition Act,

the Companies Act, or any regulations

prescribed thereunder;

(iii) the Public Health Act or the Metrology Act; or

(b) committed a voluntary criminal offence liable to a

punishment of imprisonment for at least one year.

(2) When making a decision under subregulation (1), the

Regulator shall take into account -

(a) the

seriousness

of,

and

circumstances

surrounding the offence or the contravention;

(b) the explanation offered by the convicted person;

(c) the relevance of the offence to the proposed role

in the case of an application for an authorisation

or for the transfer thereof and the relevance to

the authorisation in the case of an authorisation

already issued by the Regulator or deemed to

have been issued by the Regulator;

(d) the passage of time since the offence was

committed and evidence of the individual’s

rehabilitation

Provided that the Regulator, when considering whether an

applicant for the issue or transfer of an authorisation or for a

renewal of an authorisation, is a fit and proper person to be a holder

thereof, the Regulator shall also have regard to the following

matters

(i)

any evidence of actual harm or detriment to

other authorised providers or consumers;

(ii) evidence pointing to risks to authorised

providers and consumers from dealings with the

applicant or the authorised provider.

(1) Where criminal proceedings in respect of an offence to

which regulation 5 refers are pending sub judice against an

applicant or an authorised provider, the Regulator may suspend an

au t ho ri sat io n or t he co nsi de ra ti on o f an ap pl ic ati on f o r an

authorisation or for the transfer of an authorisation during the time

when the said proceedings are pending.

(2) In considering whether to take any action under this

regulation, the Regulator shall act in accordance with the criteria

listed in regulation 5(2).