Electricity
152. Standard frequency anid voltage. (1) Electricity for the purposes of general supply shall be alternating current having a nominal frequency of 50 hertz.
(2) The standard low voltages shall be-
(a) for electricity provided from a three-phase system, a voltage of 415 volts between any two phase conductors and 240 volts between any phase conductor and the neutral conductor;
(b) for electricity provided from a single-phase system, a voltage of 240 volts between phase conductor and neutral conductor or 480 volts between phase conductors.
(3) All neutral conductors shall be earthed.
As amended by Act of 1980, No. 15, s. 23.
153, Supply at high voltage. (1) An Electricity Authority may agree to make supply available to a consumer at high voltage and such agreed voltage shall for the purpose of such supply be the standard voltage.
(2) The Electricity Authority shall in every case advise the Commission in writing of particulars of supply made available at high voltage.
(3) The advice shall, if practicable, be given before the installation is connected to the source of supply.
154. Variation of voltage at a consumer9s terminals. (1) During the whole of the period when supply is required to be maintained by the Electricity Authority to a consumer, it shall be maintained at the standard voltage.
(2) An Electricity Authority shall be deemed to Ilave supplied electricity at the voltages applicable unless the variations in voltage at a consumer's terminals exceed the following limits:-
(a) for low voltage--6 per centurn from the standard voltage;
(b) for high voltage not exceeding 22 000 volts-5 per centum from the standard voltage;
(c) for voltagcs in exccss of 22000 volts-as agreed between the EJectricity Authority and the consumer or, in the event of disagreement, as determined by the Con~mission.
As nrncnded by Act of 1980, No. 15, s. 24.
1155. Electricity Autlmority to provide constant supply. ( I ) From and afier the time when an Electricity Authority commences to supply electricity through any electric line at any standard voltage it shall maintzin a supply of sufficient electrjcity for the use of all the consumers for the time being entitled to be supplied from such line and such supply shall be const:lntly maintained :
92622- 4
98 SS. 156-158 ELE-ICITY' ACT 1976-1980
Provided that, for the purpose of testing o r for any other purpose connected with the efficient working of the undertaking, the Electricity Authority may discontinue the supply from time to time for brief periods as required.
(2) Except in cases of emergency, at least 48 hours' previous notice of any proposed discontinuance, stating the probable duration thereof, shall be given by the Electricity Authority to all consumers in the area that will be affected by such discontinuance, and such notice shall be given by advertisement in a newspaper circulating in the affected area or by some other method that is considered satisfactory by the Electricity Authority.
156. Limitation s f liability for failure to supply. An Electricity Authority is not liable in damages to any consumer or other person by reason of any partial or total failure of the supply of electricity from any cause whatsoever that is not due to the negligence or default of the Electricity Authority.
157. Electricity Authority not to prescribe special form of electrical article. Subject to this Act, an Electricity Authority is not entitled t o prescribe any special form of electrical article to be used by any person.
958. Interference with supply of electricity. (1) If in the opinion of an Electricity Authority-
(a) the use or intended use of any electrical article by a consumer to whom electricity is supplied or is intended to be supplied by the Electricity Authority unduly or improperly interferes with or is likely unduly or improperly to interfere with the supply of electricity by the Electricity Authority; or
(b) a consumer to whom electricity is supplied for any purpose uses the electricity so supplied or deals with it in any manner that unduly or improperly interferes with or is likely unduly or improperly to interfere with the supply of electricity by the Electricity Authority,
the Electricity Authority may by notice in writing to the consumer (which notice shall include advice of the consumer's right to apply to the Commission for a review and determination by the Commission) require him-
(c) to regulate the use of the electrical article; o r
(d) to use the electricity supplied to him for any purpose or deal with it in a manner
as directed in the notice so as not unduly or improperly to interfere or to be likely unduly or improperly to interfere with the supply of electricity by the Electricity Authority.
(2) If the consumer to whom notice is given is aggrieved by the notice or considers the requirements of the Electricity Authority thereunder are unreasonable, 11e may within the period of 30 days after the day the notice is served 011 him or within such extended period as the Commission may allow, it being hereby thereunto authorized, apply in writing to the Commission for a review and determination of the matter.
ELECTRICITY ACT 19761980 ss. 159,160 99
(3) The Commission shall appoint an electrical inspector to hear the consumer and the Electricity Authority and to make such other inquiries and tests as he considers desirable.
(4) The electrical inspector shall make a report and recommendat~on to the Commission on completion of the hearing, inquiries and tests referred to in subsection (3).
(5) The Commission, after consideration of the report and recommendation of the electrical inspector, shall make such determination and issue such direction as it considers is appropriate in the circumstances.
(6) The determination and direction given by the Coinmission shall be final and binding on the Electricity Authority and the consumer, shall be com~nunicated in writing by the Commission to the Electricity Authority and the consumer, and shall be complied with by them or either of them accordingly, as the case requires.
(7) If the consumer-
(a) subject to subsection (2), fkils or refuses t o comply with any requirement of the Electricity Authority contained in a noticc referred to in subsection (I);
(b) does not apply to the Commissioll for a review and determination pursuant to subsection (2) within the period or extended period, as the case requires, referred to tllereia;
(c) does not within the period of seven days after comn2unication in writing to him by the Commission of its determination and direction pursuant to subsection (6) comply therewith, the Electricity Authority may refuse supply to the consumer or may disconnect the installation or any part thereof in relation to the consumer until the consumer complies or, at the discretion of the Electricity Authority, agrees to comply with the requirements of the Electricity Authority or the Commission, as the case may be.
As amended by Act of 1980, No. 15, s. 25.
Division 11-Coonditions Governing the Supply or A(iditioizal Strppiy of Eiectuicity to Consumers
159. Application for supply. Any person who requires a supply of electricity from an Electricity Authority or who intends to carry out any alterations or additions to his electrical installation or to increasc the power rating of electrical articles used by him other than by the use of lamps of higher rating or electrical articles connected to existing general purpose outlets shall make application t o the Electricity Authority for that purpose, in the manner prescribed or, if the maI:ner is not prescribed, in the manner determined by the Electricity Authority.
160. Scapply of electricity affected by metering arrangements or special crrraditiosrs. Where-
(a) having regard to metering arrangements on any premises in respect of which there are two or more occupiers i t is not practicable that each occupier be a consumer froni the Electricity Authority in question; or
100 SS. 161-163 ELECTRICITY ACT 1976-1980
(b) by virtue of the terms and conditions upon and subject to which an occupier occupies premises or any part thereof such occupier is not the consumer of electricity from the Electricity Authority in question,
the consu~ner from the Electricity Authority in respect of those premises may supply electricity to the occupier and recover from h i n ~ the cost thereof, but if he elects to recover the cost of electricity supplied on the basis of thc metered consumption of electricity by the occupier, the amount he charges the occupier shall not exceed the amount the occupier would have been charged for the electricity if such occupier was the consumer from the Electricity Authority.
161. S o discrimination between consumers. Save as is otherwise provided in this Act, every person within the Area of an Electricity Authority shall on application to the Authority be entitled to a supply of electricity on the same terms on which any other person in that Area is entitled in similar circumstances to a corresponding supply.
162. Supply of electricity under tariff conditions. (1) Upon receipt of an application completed i11 accordance with this Act for an initial or additional supply of electricity, the Electricity Authority shall
~lndertake to make supply available at an appropriate prescribed tariff- (a) in the case of initial supply of electricity, to any premises
where such supply can be made available from existing low voltage distribution mains in the road in which the premises are situated by means of an additional single phase service line without reinforcement of the distribution system or the provision of additional generating plant ;
(b) in the case of an additional supply of electricity, to any existing installation, not subject to agreement conditions, where such additional supply call be rilade available from the existing service line without reinforcement of the distribution system or the provision of additional generating plant.
( 3 ) After receiving an application as aforesaid for an initial or additional supply of electricity in any case other than one referrecl to in subsection ( I ) , the Electricity Authority shall undertake to make supply n\ailable at an appropriate prescribed tariff where it is reasonably estinlated that the revenue from such supply is likely to meet the Illectricit~r Authority's costs of pro~~iding and maintaining such supply of electric~l).
Ah amended by Act of 1980, No. 15, s. 26.
163. Supply of electricity tuidcr agreement conditions. (1) I n any caw in i1.11ich a supply of electricity cannot be given in terms of section 162, the 1;lectricity Authority, after receiving an application con~pleted in accordance with thic Act for an initial or additional s ~ ~ p p l y of clcctrici t?,, n:ay req?\ire thc applicant-
(2) to enter into a guarsntec agreement for a period of year7 prescribed tl~ercin to pay to the Electricity Authorjty a sum 5pcci;icd by the Electricity Authority for each year or hilling
ELECTRICITY ACT 1976-1980 s. 163 101
period nominated in the agreement during its currency unless he consumes electricity that at the tariff rates applicable for the time being will produce to the Electricity Authority each nominated year or billing period revenue equal to or in excess of the sum specified as aforesaid by the Electricity Authority for each nominated year or billing period during the currency of the guarantee agreement in which case he shalI pay the amount payable in respect of such consumption;
(b) to enter into an agreement to provide a sun1 related to the estimated expense of providing and maintaining the initial or additional supply of electricity applied for and to receive such repayments of the aforesaid sum as may be prescribed in the agreement;
(c) to enter into an agreement to pay to the Electricity Authority a non-repayable contribution related to the estimated expense of providing and maintaining the initial or additional supply of electricity applied for;
(d) to enter into an agreement to pay a specified or variable minimum annual charge for all electricity consumed or to consume electricity which at the tariff rates applicable for the time being will produce to the Electricity Authority an annual revenue equal to or in excess of the annual guaranteed payment ;
(e) to enter into an agreement to pay a fixed annual charge for a term not exceeding 30 years, in addition to paying (at the applicable tariff rates) for all electricity consumed;
(C) to enter into an agreement incorporating-
(i) any two or more of the requirements referred to in paragraphs (a) to (e) inclusive;
(ii) other conditions that may from time to time be approved by the Commission for general application in respect of any class of prospective consumers.
(2) The Commission may from time to time determine as matters for general application-
(a) the maximum period of any agreement, and the rnaximuln guarantee or the method of calculation of the maximum guarantee specified by the Electricity Authority in any agreement under subsection (I) (a);
(b) the method of calculation of the sum to be provided under any agreement made pursuant to subsection (1) (b) and the method of determining repayments of such sum;
(c) the method of calculation of the non-repayable contribution to be paid to the Electricity Authority in any agreement under subsection (1) (c);
(d) the minimum annual charges or method of determination of the minimum annual charges payable pursuant to any agreement under subsection (1) (d);
102 SS. 164,165 ELEKXRICITY ACT 1976-1980
(e) the method of calculation of the fixed annual charge payable pursuant to any agreement under subsection (I) (e),
and shall notify all Electricity Authorities of any such determination;
and every Electricity Authority shall give effect to any such determination.
(3) If an Electricity Authority offers a supply of electricity subject to an agreement being entered into in accordance with a provision of subsection (I), the offer is not binding on the Electricity Authority unless within a period of two months from the date of the offer there is tendered to the Electricity Authority such agreement duly executed by the owner of the premises or, at the discretion of the Electricity Autliority, by the applicant (in a case where the applicant is not the owl?er of the premises).
(4) If such offer of supply of electricity is made to a group of applicants in a p a r t i c ~ ~ l a r area, the offer is not binding on the Electricity Authority unless within a period of two montl~s from the date of the offer there is tendered to the Electricity Authority the agreement duly executed by or on behalf of, rand so that it is bii?ding upon, every member of the group.
16.1. Refusal of supply of electricity. In any case in which a supply of electricity cannot be given in terms of section 162 or offered in terms of section 163, the Electricity Authority shall advice the applicant that supply of electricity cannot be made available on the grounds that it is reasonably estimated that the revenue from such supply is not likely to meet the Electricity Authority's costs of providing and maintaining such supp1y of electricity, and such advice shall inform the applicant of his right of appeal under section 168.
1165. Advice to applicants for supply. (1) After receiving an application completed in accordance with this Act for an initial or additional supply of electricity, the Electricity Authority shall advise the applicant, within 21 days from the date of receipt of such application, if supply cannot be made available without extei~sion or reinforcement of the distribution system, the provision of additional generating plant or the completion or variation of a supply agreement.
(2j Where the Electricity Authority undertakes to make supply available under section 162 (2), it shall advise the applicant, within a period of two months from the date of the application, that supply can be made available a t an appropriate prescribed tariff.
(3) Where the Electricity Authority proposes to offer supply under aection 163, it shall advise the applicant, within a period of f o ~ ~ r months from t!te date of tlie application for supply, of the agreement conditions.
(4) Where the Electricity Authority proposes to refuse supply under section 164, it shall advise thc applic,;nt, within n period of four months from the date of the application for supply, that supply cannot be made available.
As amended by Act of 1980, No. 15, r. 27.
ELECTRICITY ACT 1976-1980 ss. 166, I67 103
166. Requirements where agreement in existence. Notwithstanding any other provision of this Act, if any person requires a supply of electricity-
(a) to premises in respect of which an agreement with the Electricity Authority is for the time being in force, the Electricity Authority may require the applicant to enter into an agreement under similar terms and conditions and for a period of not less than the remaining period of the existing agreement and when this is done the existing agreement shall be deemed to be cancelled at the time the new agreement comes into force;
(b) from any electric line in respect of which a consumer being supplied with electricity therefrom is receiving such supply subject to an agreement for the time being in force with the Electricity Authority, the Electricity Autl~ority shall require such person to enter into an agreement upon such terms and conditions as may be reasonably required by it; and in determining the terms and conditions of such agreement the Electricity Authority shall have regard to but shall not be bound by the terms and conditions of the agreement then in force.
167. ']Temporary srapply of electricity. (1) If an Electricity Authority receives an application completed in accordance with this Act for a n initial or additional supply of electricity that in the opinion of the Electricity Authority is for a temporary period, it shall advise the applicant within a period of four months from the date of such application-
(a) that a supply of electricity cannot be made available on the grounds that it is reasonably estimated that the revenue from such si~pply is not likely to meet the Electricity Authority's costs of providing and maintaining such supply of electricity;
or
(b) that a supply of electricity can be made available provided that the applicant pays to the Electricity Authority a non-repayable sum equal to the total expense of providing and laying down the required electric lines and works or additions to existing electric lines or works that may be necessary for the purpose of providing such supply together with the cost of removing the same and, if so required by the Electricity Authority, enters into a guarantee agreement in accordailce with the provisions of section 163.
(2) If so required by the Electricity Authority in a case to which subsection (1) (b) refers, the applicant shall deposit with the Electricity Authority suflicient security for the payment to it of all moneys that may become due to it from the applicant.
(3) (a) If at any time the temporary supply of electricity to a consumer is disconnected by the Electricity Authority, the Electricity Authority nlay forthwith demolish and remove any temporary electric lines or works provided and used in connexion therewith, provided that at the request of the consumer such electric lines or works inay be
104 s. 168 ELECTRICITY ACT 1976-1980
retained for a further period from the date of such disconnexion upon and subject to such further terms and conditions as are agreed to between the Electricity Authority and the consumer.
(b) If the Electricity Authority and the consumer fail to agree upon the further terms and conditions, either one may give written notice of disagreement to the Commission, and the Commission may thereupon determine those terms and conditions, including the duration of the said further period of retention.
(c) The written determination of the Comnlission is binding on the Electricity Authority and the consumer.
(4) No other person shall be entitled as of right to supply from a temporary electric line or any portion thereof, but the Electricity Authority may provide such supply at its discretion under and subject to such terms and collditions as it may consider reasonable.
168, Appeal to Commission. ( I ) A person dissatisfied with-
(a) the refusal of an Electricity Authority to supply electricity to him as applicant pursuant to section 164;
(b) the terms and conditions upon and subject to which an Electricity Authority offers supply of electricity to him as applicant pursuant to section 163, 165 or 166
may appeal therefrom to the Commission which shall have jurisdiction to hear and determine the same and the decision of the Commission shall be final.
(2) An appeal shall be instituted within 30 days after notification of the refusal or terms and conditions of the offer to the person dissatisfied, and no later, by filing a notice of appeal in the office of the Commission setting out the grounds of appeal and annexing thereto a copy of the application to the Electricity Authority and a copy of the offer or refusal of supply of the Electricity Authority.
(3) The appellant shall serve a copy of the notice of appeal on the Electricity Authority as soon as practicable after he files the notice in the office of the Commission and in any case not later than seven days after the notice is so filed.
(4) The Electricity Authority shall advise the Commission in writin,c within one month after service on it of the copy of the notice of appeal of the grounds upon which it has relied in making the offer or the refusal that is the subject of appeal.
(5) The Commission may determine the appeal on the material contained in the notice of appeal and annexures referred to in subsection (2) and in the advice in writing referred to in subsection (4) or it may direct an employee of the Commission to make an investigation by hearing the views of the parties and making such other inquiries as he thinks fit, after which he shall make a recommendation to the Conlmission regarding the appeal, which recommendation the Commission shall take into consideration in conjunction with the said material in determining the appeal.