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PUBLIC UTILITIES (TERMINATION OF SERVICE) (AMENDMENT) REGULATIONS, 2010  L. I 1964

 

Regulation

1.     Regulation 4 of L.I. 1651 amended

2.      Regulation 5 of L.I. 1651 amended

3.      Regulation SA inserted

4.      Regulation 7 of L.I. 1651 amended

5.      Regulation 9 of L.I. 1651 amended

 

 

                   PUBLIC UTILITIES (TERMINATION OF SERVICE) (AMENDMENT) REGULATIONS, 2010

IN exercise of the power conferred on the Public Utilities Regulatory Commission by section 48 (1) of the Public Utilities Regulatory Commission Act, 1997 (Act 538) these Regulations are made this 25th day of January, 2010.

Regulation 4 of L.I. 1651 amended

1. The Public Utilities (Termination of Service) Regulations, 1999(L.I.1651) referred to as the "principal Regulations" are amended in regulation 4 by the substitution for paragraph (a) of

"(a) on the eve of a public holiday or on a public holiday;"

Regulation 5 of L.I. 1651 amended

2. Regulation 5 of the "principal Regulations" is amended by the substitution for sub regulation (2) of

"(2) Where there is failure to pay a bill for service provided to a consumer and the public utility is aware that the consumer

(a) is sixty-five years or above, or

(b) is blind or disabled,

the public utility shall contact the consumer and endeavor to agree on a payment agreement with the consumer, except that where an agreement cannot be arrived at or made, the public utility shall continue to provide the service for a further period of thirty days after the date of any scheduled disconnection".

Regulation SA inserted

3. The "principal Regulations" are amended by the insertion after regulation 5 of        .

"Prohibition of termination from electric pole

SA (1) A public utility shall not terminate the service it provides to a consumer from the electric pole from which the service is supplied to the consumer's premises, unless the consumer

(a) illegally connects the service or allows the service to be used in a manner that will interfere with the elec­tricity supply of others;

(b) tampers or interferes; with a meter or public utility equipment or permits a person to damage any of the public utility's installations or equipment;

 (c) uses a service which was legally connected in an unauthorised manner; or

(d) refuses to allow a public utility employee or agent to read a meter or check utility equipment after repeated attempts by the employee or agent to read the meter or check the utility equipment.

(2) Despite sub regulation (1), where a consumer is liable for disconnection but prevents the officials of the public utility from discon­necting the service, the public utility may disconnect the service from the electric pole after serving written notice of the disconnection on the consumer" .

Regulation 7 of L.I. 1651 amended

4. Regulation 7 of the "principal Regulations" is amended by the substitution for the regulation of

"Reconnection of service terminated for non-payment

7.(1) If a public utility terminates a consumer's service for non­payment, the public utility shall reconnect the service within twenty-four hours after the payment of

(a) the full amount owed;

(b) reconnection charges; and

(c) other lawful charges related to the service.

(2) If a public utility terminates a consumer's electricity service for non-payment, the public utili~y shall reconnect the elec­tricity service in accordance with Rule 39 of the Electricity Supply and Distribution (Technical and Operational) Rules, 2005 (L.L 1816), after the payment of each lawful charge related to the electricity service."

Regulation 9 of L.I. 1651 amended

5. Regulation 9 of the "principal Regulations" is amended by the sub­stitution for the regulation of

"Offences

9.(1) Subject to sub regulation (3),.a person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine of not more’ than fifty penalty units or imprisonment for a term of not more than one year or to both.

 (2) In the case of a continuing offence, an additional penalty may be imposed on the person of not more than one penalty unit in respect of each day on which the offence continues after conviction.

(3) Where the offence is committed by a public utility that is a body corporate or by a partnership or other firm, each director or officer of that body corporate or any member of the partnership or firm concerned with the management of the public utility, is also considered to have committed an offence and is liable on summary conviction to a fine of not more than one hundred penalty units for the offence and in addition is liable to the payment of compensation for any damage resulting from the breach.

(4) A person shall not be convicted of an offence by virtue of sub regulation (3) if it is proved that

(a) due diligence was exercised to secure compliance with the provisions of the Act; and

(b) the offence was committed without the knowledge, consent or connivance, of that person."

DR. EMMANUEL K. ANNAN

Chairman, Public Utilities Regulatory Commission

 

 

 

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