Assault on licensed electricity suppliers

Any person who wilfully obstructs, resists or in any way interferes with, or who assists any other person in obstructing, resisting, or in any way interfering with any officer or employee of a licenced electricity supplier acting under the provisions of this Act or by-laws or regulations made thereunder, commits an offence and shall be liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months, or to both such fine and term of imprisonment. 64 SCHEDULE I ELECTRICITY ACT Electricity Meters [section 48] Consumption to be Ascertained by Appropriate Meter 1.–(1) Where a customer of a licenced electricity supplier is to be charged for his supply wholly or partly by reference to the quantity of electricity supplied, the supply shall be given through, and the quantity of electricity shall be ascertained by, an appropriate meter. (2) The meter shall be provided by the licenced electricity supplier, whether by way of sale, hire or loan. (3) The meter shall be installed on the customer’s premises in a position determined by the licenced electricity supplier, unless in all the circumstances it is more reasonable to place it outside those premises or in some other position. (4) The electricity supplier may require the replacement of any meter provided and installed in accordance with sub- sections (2) and (3) above where its replacement– (a) is necessary to secure compliance with this Schedule or any regulations made under it; or (b) is otherwise reasonable in all circumstances, and any replacement meter shall be provided and installed in accordance with those sub- sections. (5) Where the customer refuses or fails to take his supply through an appropriate meter provided and installed in Electricity 65 accordance with sub-paragraphs (2) and (3), the supplier may refuse to give or may discontinue the supply. (6) For the purposes of this paragraph, a meter is an appropriate meter for use in connection with any particular supply if it is of a pattern or construction which, having regard to the terms on which the supply is to be charged for, is particularly suitable for such use. Restrictions on use of Meters 2.–(1) No meter shall be used for ascertaining the quantity of electricity supplied by a licenced electricity supplier to a customer unless the meter is– (a) of an approved pattern or construction and is installed in an approved manner; and (b) certified under paragraph 5, and in this Schedule “approved” means approved by or under regulations made under this paragraph. (2) Regulations made under this paragraph may provide for– (a) determining the fees to be paid for approvals given by or under the regulations; (b) revoking an approval so given to any particular pattern or construction of meter and requiring meters of that pattern or construction which have been installed to be replaced with meters of an approved pattern or construction within a prescribed period; (c) revoking an approval so given to any particular manner of installation and requiring meters which have been installed in that 66 Electricity manner to be installed in an approved manner within such a period, and may make different provision for meters of different descriptions or for meters used or intended to be used for different purposes. 3.–(1) If an electricity supplier supplies electricity through a meter which is used for ascertaining the quantity of electricity supplied and is not of an approved pattern or construction or is not installed in an approved manner he shall be liable on summary conviction to a fine not exceeding ten thousand dollars. (2) Where the commission by any person of an offence under this paragraph is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this sub-section whether or not proceedings are taken against the first-mentioned person. (3) In any proceedings in respect of an offence under this paragraph, it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence. 40 of 1999. (4) Proceedings for an offence under this paragraph may be instituted by or on behalf of the Commission. Meter Examiners 4.–(1) The Commission shall appoint competent and impartial persons as meter examiners for the purpose of this Schedule. 40 of 1999. Electricity 67 (2) There shall be paid out of money provided by the National Assembly to meter examiners such remuneration and such allowances as may be determined by the Commission with the approval of the National Assembly. 40 of 1999. (3) All fees payable in respect of the examination of meters by meter examiners shall be paid into the Consolidated Revenue Fund. Certification of Meters 5.–(1) Subject to sub-section (2), a meter may be certified– (a) by a meter examiner appointed under paragraph 4; or (b) by a person who is authorized to certify meters of that description by or under regulations made under this paragraph, and in this paragraph “examiner” means a meter examiner or a person so authorized. (2) No meter shall be certified unless the examiner is satisfied– (a) that the meter is of an approved pattern or construction; and (b) that the meter conforms to such standards (including standards framed by reference to margins of error) as may be prescribed, and references in this Schedule to prescribed margins of error shall be construed accordingly. (3) An examiner may certify any meter submitted to him, notwithstanding that he has not himself examined or tested it, if, 40 of 1999. 68 Electricity (a) the meter is submitted to him by a person authorized by the Commission for the purposes of this sub-paragraph; (b) the meter is accompanied by a report stating that the meter has been examined and tested by the person submitting it and containing such other information as may be prescribed; (c) the examiner considers that the report indicates that the meter is entitled to be certified; (d) the meter is one of a number submitted at the same time by the same person, and the examiner has himself examined and tested as many of those meters as he may consider sufficient to provide a reasonable test of all of them. (4) Regulations under this paragraph may make different provisions for meters of different descriptions or for meters used or intended to be used for different purposes and may include provision– (a) for the termination of certification in the case of meters which no longer conform to the prescribed standards and in such other cases as may be prescribed; (b) for determining the fees to be paid for examining, testing and certifying meters, and the person to whom they are to be paid; and (c) as to the procedure to be followed in examining, testing and certifying meters. (5) Regulations under this paragraph may also include provision forElectricity 69 (a) determining the fee to be paid in respect of any authorization under sub-sections (1) or (3); (b) imposing conditions on any such authorization; and (c) withdrawing any such authorization before the end of any period for which it is given if any of those conditions are not satisfied. Apparatus for Testing, etc., of Meters 40 of 1999. 6.–(1) It shall be the duty of a person to whom this paragraph applies, that is to say, a licenced electricity supplier or a person authorized by the Commission for the purposes of paragraph 5 (3) to– (a) provide and maintain such apparatus for the examination, testing and regulation of meters, and such apparatus for the sealing and unsealing of meters, as may be specified by a direction of the Commission; 40 of 1999. (b) use apparatus so provided and maintained to carry out such examination, testing and regulation of meters, or to seal or unseal meters in such circumstances, as may be so specified; and (c) keep such records and make such reports of things done in pursuance of sub-section (b) above as may be so specified. (2) It shall also be the duty of a person to whom this paragraph applies to afford to meter examiners, acting in the exercise of their functions under this Schedule, all necessary facilities for the use of apparatus provided and maintained in pursuance of sub-section (1). 70 Electricity (3) Where the Commission considers that any person to whom this, paragraph applies has made satisfactory arrangements whereby apparatus provided by some other person is available for the examination, testing or regulation of the first- mentioned person’s meter, the Commission may direct that this paragraph shall not apply to that person to such extent as may be specified in the direction. 40 of 1999. 40 of 1999. (4) Any two or more persons to whom this paragraph applies may, with the approval of the Commission, enter and carry into effect arrangements whereby apparatus provided by one or more of the parties is to be available to all or any of them for the purposes of fulfilling their obligations under this paragraph. Testing, etc., of Meters 7.–(1) It shall be the duty of a meter examiner, on being required to do so by any person, and after giving notice to such persons as may be prescribed– (a) to examine and test any meter used or intended to be used for ascertaining the quantity of electricity supplied to any premises; (b) to determine whether it is of an approved pattern or construction and, if it is installed for use, whether it is installed in an approved manner; (c) to determine whether it is in proper order for ascertaining the quantity of electricity supplied within the prescribed margins of error and, if it has been in use and there is a dispute as to whether it registered correctly at any time, to determine if possible whether it registered within those margins at that time; and Electricity 71 (d) to make a written report of his conclusions as to the matters mentioned in sub-section 1(b) and (c). (2) If a meter examiner determines that a meter is, or was at any time, operating outside the prescribed margins of error, he shall if possible, give an opinion as to, (a) any period for which the meter has or may have been so operating; and (b) the accuracy (if any) with which it was or may have been operating for any such period. (3) Regulations under this paragraph may make provision for determining the fees to be paid for examining and testing meters, and the persons by whom and the circumstances in which they are to be paid. (4) In relation to a meter used or intended to be used by an electricity supplier, this paragraph shall have effect as if any reference to the prescribed margins of error included a reference to any margins of error agreed between the electricity supplier and the customer (in this Schedule referred to as “agreed margins of error”). 8.–(1) This paragraph applies where there is a genuine dispute as to the accuracy of a meter used for ascertaining the quantity of electricity supplied to any premises and notice of the dispute is given– (a) to the electricity supplier by the customer, or to the customer by the electricity supplier; or (b) to the electricity supplier and to the customer by any other person interested. (2) Where it becomes necessary for the supplier to remove a meter for examination, a careful note shall be taken of the meter 72 Electricity reading and the meter shall be sent to the meter examiner within forty-eight hours. In no circumstances shall the meter be removed or altered by the customer. (3) Where the customer removes or alters the meter in contravention of sub-section (2) he shall be liable on summary conviction to a fine not exceeding one thousand dollars. Presumption and Evidence 9.–(1) This paragraph applies to meters used for ascertaining the quantity of electricity supplied to any premises. (2) The register of a meter to which this paragraph applies shall be admissible in any proceedings as evidence of the quantity of electricity supplied through it. (3) Where electricity has been supplied for any period through such a meter which is of an approved pattern or construction and is installed in an approved manner, the register of the meter shall be presumed to have been registering for that period within the prescribed margins of error unless the contrary is proved. (4) Where a meter to which this paragraph applies has been operating for any period within the prescribed margins of error the meter shall be conclusively presumed to have been correctly registering for that period the quantity of electricity supplied through it. (5) The report of a meter examiner on any question relating to such a meter shall be admissible in evidence in any proceedings in which that question is raised; and any conclusions in the report as to the accuracy of the meter when it was tested shall be presumed to be correct unless the contrary is proved. Electricity 73 Meters to be kept in Proper Order 10.–(1) A customer of an electricity supplier shall at all times, at his own expense, keep any meter belonging to him in proper order for correctly registering the quantity of electricity supplied to him; and in default of his doing so the supplier may discontinue the supply of electricity through that meter. (2) An electricity supplier shall at all times, at his own expense, keep any meter let for hire or lent by him to any customer in proper order for correctly registering the quantity of electricity supplied. (3) An electricity supplier shall have power to remove, inspect and reinstall any meter by which the quantity of electricity supplied by him to a customer is registered, and shall, while any such meter is removed, fix a substituted meter on the premises; and the cost of removing, inspecting and reinstalling a meter and of fixing a substituted meter shall be defrayed by the supplier. (4) Sub-sections (2) and (3) are without prejudice to any remedy the supplier may have against the customer for failure to take proper care of the meter. Interference with Meters 11.–(1) Where any person intentionally or by culpable negligence, (a) alters the register of any meter used for measuring the quantity of electricity supplied to any premises by an electricity supplier; or (b) prevents any such meter from duly registering the quantity of electricity supplied, 74 Electricity he or she is liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both such fine and term of imprisonment. (2) Where any person is prosecuted for an offence under sub-section (1) above, the possession by him of artificial means for causing an alteration of the register of the meter or, as the case may be, the prevention of the meter from duly registering shall, if the meter was in his custody or under his control, be prima facie evidence that the alteration or prevention was intentionally caused by him. (3) Where an offence under sub-section (1) has been committed, the supplier may discontinue the supply of electricity to the premises until the matter has been remedied, and remove the meter in respect of which the offence was committed. 40 of 1999. (4) Where an electricity supplier removes a meter under sub- section (3) above, he shall keep it safely until the Commission authorizes him to destroy or otherwise dispose of it. Interpretation 12. In this Schedule“agreed margins of error” has the meaning given by paragraph 7 (4) above; “approved” means approved by or under regulations made under paragraph 2 above; “electricity supplier” means a person authorized by a licence under this Act to supply electricity; “prescribed” means prescribed by regulations; Electricity 75 “prescribed margins of error” has the meaning given by paragraph 5(2) above; 40 of 1999. “regulations” means regulations made by the Commission with the approval of the Minister. 76 Electricity SCHEDULE II ELECTRICITY ACT Preservation of Amenity and Fisheries [section 49] 1.–(1) In formulating any relevant proposals, a licence holder authorized to generate or supply electricity shall, (a) have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archeological interest; and (b) do all he reasonably can to mitigate any effect which the proposals would have on the natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects. (2) In considering any relevant proposals for which its consent is required under section 51 or 52, the Commission shall have regard to– (a) the desirability of the matters mentioned in paragraph (a) of paragraph (1) above; (b) the extent to which the person by whom the proposals were formulated has complied with his duty under sub-section (b) of that paragraph; and (c) any other environmental factors which need to be taken into account. Electricity 77 (3) In this paragraph“building” includes structure; “relevant proposals” means any proposals for, (a) the construction or extension of a generating station of a capacity not less than 10 megawatts, or for the operation of such a station in a different manner; (b) the installation (whether above or below ground) of an electric line; or (c) the execution of any other works for or in connection with the transmission or supply of electricity. (4) The Commission may by Order provide that sub-section (3) above shall have effect as if for the capacity mentioned in sub-section (a) there were substituted such other capacity as may be specified in the Order. 40 of 1999. 2.–(1) A licence holder shall within twelve months from the grant of his licence prepare, and from time to time modify, a statement setting out the manner in which he proposes to perform his duty under paragraph l(l) above, including in particular the consultation procedures which he intends to follow. (2) Before preparing or modifying a statement under this paragraph, a licence holder shall consult with any relevant or interested bodies or organization or societies. 78 Electricity SCHEDULE III ELECTRICITY ACT Consents [sections 51 and 52] Application for Consent l.–(1) An application for a consent under section 51 or 52 of this Act shall be in writing and shall describe by reference to a map the land to which the application relates, that is, the land, (a) on which the generating station is proposed to be constructed, extended or operated; or (b) across which the electric line is proposed to be installed or kept installed. (2) An application for a consent under section 51 of this Act shall also state– (a) the length of the proposed line and its nominal voltage; and 40 of 1999. (b) whether all necessary wayleaves have been agreed with owners and occupiers of land proposed to be crossed by the line, and shall be supplemented, if the Commission so directs, by such additional information as may be specified in the direction. 40 of 1999. (3) The Commission may by regulations make provision for determining the fees to be paid on application for consent under section 51 or 52 of this Act, and the circumstances in which they are to be paid. Electricity 79 (4) Any sums received under this paragraph shall be paid into the Consolidated Revenue Fund. Objections by Relevant Planning Authority 2.–(1) Where an application is made to the Commission for its consent under section 51 or 52 of this Act, notice of the application shall be served on the relevant planning authority. 40 of 1999. 40 of 1999. (2) Where the relevant planning authority notifies the Commission that they object to the application and their objection is not withdrawn, the Commission, (a) shall cause a public inquiry to be held; and (b) before determining whether to give its consent, shall consider the objection and the report of the person who held the inquiry. 40 of 1999. (3) For the purpose of sub-section (2) above the Commission may make regulations limiting the time within which notification of objections may be made to the Commission by relevant planning authorities, and providing that the objections which are not notified within the time so limited may be disregarded for those purposes. 40 of 1999. (4) Sub-section (2) above shall not apply where the Commission proposes to accede to the application subject to such modifications or conditions as will give effect to the objections of the relevant planning authority. 40 of 1999. (5) The Commission may make regulations providing that, in relation to applications for consent under section 51 of this Act for electric lines of a nominal voltage less than 132 kilovolts, the provisions of this paragraph shall have effect with such modifications as may be prescribed. 80 Electricity (6) In this Schedule, “relevant planning authority” means a local planning authority within the meaning of the Housing and Town Planning Act. CAP. 182. Objections by other Persons 3.–(1) The Commission may by regulations make provision for securing40 of 1999. (a) that notice of any application for consent under section 51 or 52 of this Act shall, in such circumstances as may be prescribed by the regulations, be published in such manner as may be so prescribed; 40 of 1999. (b) that notice of any such application shall, in such circumstances as may be prescribed by the regulations or where the Commission so directs, be served on such persons as may be so prescribed or, as the case may be, specified in the direction; (c) that every notice published or served in pursuance of the regulations shall state the time within which, and the manner in which, objections to the applications may be made by persons other than the relevant planning authority, and that the time so stated shall not be less than such minimum period as may be prescribed by the regulations; and 40 of 1999. (d) that, in so far as any such notice requires objections to be sent to any person other than the Commission, copies of the objections shall be sent to the Commission by that person, and in relation to applications for consent under section 51 of this Act to the extension of a generating station or to the operation of such a Electricity 81 station in a different manner, the regulations may include provision for enabling the Commission to give directions dispensing with the requirements of the regulations in such cases as it thinks fit. (2) Where in the case of an application for consent under section 51 or 52 of this Act40 of 1999. (a) the Commission is not required by virtue of paragraph 2(2) above to cause a public inquiry to be held; but 40 of 1999. (b) objections or copies of objections have been sent to the Commission in pursuance of regulations made under this paragraph, the Commission shall consider those objections, together with all other material considerations, with a view to determining whether a public inquiry should be held with respect to the application and, if it thinks it appropriate to do so, shall cause a public inquiry to be held, either in addition to or instead of any other hearing or opportunity of stating objections to the application. Public Inquiries 4.–(1) Where, in accordance with paragraph 2(2) or 3(2) above, a public inquiry is to be held in respect of an application for consent under section 51 or 52 of this Act, the Commission shall inform the applicant accordingly; and the applicant shall in two successive weeks publish a notice stating, 40 of 1999. (a) the fact that the application has been made, and the purpose of it, together with a description of the land to which it relates; 82 Electricity (b) a place in the locality where a copy of the application, and of the map referred to in it, can be inspected; and (c) the place, date and time of the public inquiry. (2) A notice under sub-section (1) above shall be published in one or more newspapers circulating in the locality in which the land in question is situated, or circulating respectively in the several localities in which different parts of that land are situated, as the applicant may consider appropriate. 40 of 1999. (3) If it appears to the Commission that, in addition to the publication of a notice in accordance with sub-sections (1) and (2) above, further notification of the public inquiry should be given (either by the service of notices, or by advertisements, or in any other way) in order to secure that the information specified in (a) to (c) of sub-section (1) above is sufficiently made known to persons in the locality, the Commission may direct the applicant to take such further steps for that purpose as may be specified in the direction. (4) Where in accordance with paragraph 2 (2) or 3 (2) above, a public inquiry is to be held in respect of an application for consent under section 51 or 52 of this Act, the public inquiry shall extend to all the matters arising in the concurrent proceedings, and any notice of the inquiry (in addition to any other matters required to be stated in it) shall indicate the extent of the inquiry accordingly. Provisions Supplementary to Paragraphs 2 to 4 40 of 1999. 5.–(1) Where in accordance with paragraph 2 (2) or 3 (2) above, a public inquiry is to be held and the application for consent relates to land in the areas of two or more relevant planning authorities, Electricity 83 (a) the application shall not be the subject of a public inquiry in so far as it relates to land which is not within the area of a planning authority who have notified the Commission that they object to the application, unless the Commission otherwise directs, having regard to objections by other persons of which it has notice; and 40 of 1999. (b) in so far as the application is to be the subject of a public inquiry in relation to land in the areas of two or more relevant planning authorities, the Commission may direct that separate public inquires shall be held, and where the Commission gives any such directions, the provisions of paragraphs 2 to 4 above shall apply with the necessary modifications. (2) For the purposes of sub-section (1) (a) above, a relevant planning authority who has notified the Commission that they object to the application shall be treated as not having done so if the Commission proposes to accede to the application subject to such modifications or conditions as will give effect to the objection. 40 of 1999. (3) In this Schedule, “necessary wayleave” means consent for the licence holder to install and keep installed the electric line on, under or over the land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing, altering, replacing or removing the electric line.