Licensee Supply Regulations 2024

These Regulations come into operation on 3 January 2024.

Interpretation

If a consumer quits any premises at which electricity has been supplied by a licensee without giving notice to the licensee at least three working days before he quits the premises, he shall be liable to pay the licensee all charges in respect of the supply of electricity to the premises accruing up to whichever of the following first occurs, namely —

The provisions of subregulation (2), or a statement of the effect thereof, shall be endorsed on every demand note for electricity charges payable to a licensee by a consumer.

If a consumer quits any premises at which electricity has been supplied to him by a licensee without paying any amount due from him by way of charges in respect of the supply, the licensee may refuse to furnish him with a supply of electricity at any other premises until he pays the amount due:

Provided that the licensee shall not be entitled to require payment of that amount from the next occupier of the premises.

If a consumer has not, after the expiry of seven working days from the making of a demand in writing by a licensee for payment thereof, paid all monies due from him in respect of the supply of electricity by the licensee to any premises or the provision by the licensee of any supply line or electrical equipment, the licensee, after the expiration, of not less than three working days notice of his intention, may —

In default of payment, the consumer’s supply of electricity from the installation may be disconnected by serving a notice to the consumer stating the reason and date the supply is to be disconnected, at least seven working days in advance, before the intended disconnection:

Provided that no disconnection of the supply shall be carried out during the eve of weekends or public holidays.

All sums of money payable to the licensee shall be paid at the office as stated on the bill, which has been authorized by the licensee to receive such monies.

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Notwithstanding subregulation (3), money payable to the licensee may be made by electronic means as determined by the licensee from time to time.

In the event it is not possible for the licensee to read the meter due to the following circumstances:

Subject to subregulation 13(1), the licensee may levy a surcharge of one point five percent per month which shall be calculated for every day or part of a day for any such period of late payment of monies due from a consumer to the licensee in respect of the electricity supplied by the licensee immediately after thirty days the monies remain unpaid under subregulation (1).

The imposition of surcharge shall be subject to the following conditions:

The deposit may be payable by electronic means or in the form of cash, cheque, bankers draft, cashier order, bank guarantee or any other form of negotiable instrument from any licensed financial institution, and the said deposit shall be subject to adjustment from time to time upon variation of the estimated charges.

The deposit shall be a security and not a payment in advance and shall not relieve the consumer from any liability under regulation 4.

In default of payment of deposit within the time specified in subregulation (1), the supply to the consumer’s installation may be disconnected, by serving a notice to the consumer, stating the reason and date the supply is to be disconnected, at least seven working days in advance before the intended disconnection and the supply may remain disconnected until such time after the deposit has been paid:

Provided that the disconnection of the supply shall not be carried out during the eve of weekends or public holidays.

Where the licensee has collected the deposit from the consumer under subregulation

, the licensee shall pay a sum equivalent to two point five percent per annum or such percentage to be determined by the Minister as a rebate on the amount of deposit, other than deposit paid in the form of bank guarantee, held by licensee, to be calculated on a pro-rated basis from the date of the supply until the supply has been terminated and shall credit it into the consumer’s account at the end of January of every year.

The licensee shall refund the deposit not later than thirty days after the termination of the supply to the consumer, his successor in title, lawful assign, trustee, personal representative, administrator or any person entitled to that amount of money, subject to the deduction of any amount then due to the licensee by the consumer:

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Provided that the deposit shall not be refunded to any person other than the consumer, but where a person is able to furnish the licensee with a discharge and indemnity letter, such deposit may be refunded to such person.

For the purposes of this regulation, “deposit” shall include additional deposit.

Restoration of supply

The requirements of this subregulation are that the consumer in default —

The obligation imposed by subregulation (1) shall be a duty owed by the licensee to any person who may be affected by a failure to comply with the obligation.

Where a duty is owed by virtue of subregulation (3) to any person, any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person.

In any proceedings brought against a licensee in pursuance of subregulation (4), it shall be a defence for the licensee to prove that it took all reasonable steps and exercised all due diligence to avoid failing to comply with the obligation imposed by subregulation (1).

Notice of disconnection, cessation or interruption of supply

Notwithstanding subregulation (1), the licensee shall not in any circumstances, including for scheduled maintenance under subsection 29(1) of the Enactment, except in the circumstances beyond the control of the licensee, temporarily cease or interrupt the supply without first giving prior notice in Form B of the Schedule at least forty-eight hours to the consumer before the intended temporary cessation or interruption of supply.

The notice under subregulation (2) shall be served —

inspecting any supply line or electrical equipment belonging to the licensee;

ascertaining the register of any electricity meter; or

removing inspecting or re-installing any electricity meter or installing any substitute meter.

For the purpose of subregulation (1), the person authorized by a licensee may, after giving three working days’ notice enter into any unoccupied, locked or blocked premises.

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Entry on discontinuance of supply

to discontinue the supply of electricity to any premises; and

to remove the electricity meter in respect of which an offence has been committed, any person authorized by the licensee may at all reasonable times, on production of any duly authenticated document showing his authority, enter the premises for the purpose of disconnecting the supply and removing the meter.

Where —

placing a new supply line or new electrical equipment in the place of or in addition to any existing line or equipment which has already been lawfully placed; or

repairing or altering any existing supply line or electrical plant.

In the case of emergency arising from faults in any supply line or electrical equipment, entry may be made under subregulation (1) without the notice required to be given by the same subregulation.

Powers of entry

the person shall ensure that the premises are left no less secure by reason of the entry; and

the licensee shall make good, or pay compensation for, any damage caused by the person, or by any person accompanying him in entering the premises, in taking any action therein authorized by these Regulations, or in making the premises secure.

A person exercising the powers of entry conferred by these Regulations may be accompanied by such persons as may be necessary or expedient for the purpose for which the entry is made, or for the purposes of subregulation (1).

Metering of supplies

The reading of the consumer’s meter shall be prima facie evidence of the amount of electricity consumed, provided that in the event a consumer has been undercharged or overcharged as a result of:

In the event that the supply of meters at any time is not equal to the demand, the licensee may make a fixed monthly charge for the supply.

The licensee shall give supply of electricity to the consumer at the prevailing tariff rates or any modifications thereof from time to time at the date of application pursuant to the provision of subsection 39(1) of the Enactment.

Where a consumer has been granted a supply of electricity and levied a particular tariff for such supply and subsequently discovered that a different tariff should have been levied or if the consumer converted his category from domestic to business or changed his business to a different kind of nature in which such change requires a different category of tariff to be imposed, the licensee shall be entitled to make retrospective adjustments to the consumer’s account in respect of the tariff of the period in question subject to the reference to the licensee’s records, the consumer’s consumption record and history, available technical evidence and other relevant circumstances:

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Provided that the period for such retrospective adjustments shall not exceed six months from the date of the licensee or the consumer has been informed of the discovery or changes.

When a situation under subregulation (4) or (5) occurs, the licensee and the consumer shall as soon as possible enter into an agreement to give effect to the actual tariff.

In the event the consumer refuses to enter into an agreement as mentioned under subregulation (6), the licensee shall have the right to disconnect the electricity supply from the said premise after giving fourteen days prior written notice to the consumer of its intention to do so.

Testing of meters

The test under subregulation (1) shall be made as soon as practicable after receipt of the request and the fee by the licensee and the consumer may be present at the test if he so desires.

The consumer shall not be levied a surcharge on the late payment of the bill rendered due to subregulation (1) until the matter is resolved.

If the meter is found to be inaccurate by more than three percent, the fee shall be refunded and the consumer’s account shall be adjusted.

If the meter is found to be registering the consumption of energy when no current is flowing, the fee shall be refunded and the consumer’s account shall be adjusted.

The accounts to be adjusted shall be limited to the bill rendered for the month previous to that in which the consumer requested a test of his meter, and to the account from the date of the last bill to the date of removal of the meter for testing:

Provided that the licensee may, if it considers special circumstances justify such a course, authorize adjustment of bills rendered prior to the above-mentioned period.

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Where in any case the licensee finds its meter is not registering correctly, the consumer’s account shall be adjusted as stated in subregulation (6).

Licensee’s installation

The consumer shall be liable for any cost, charges or fees incurred for the placement of the installation.

If in order to give a supply to the consumer, it is necessary to provide an extension of the licensee’s High Tension or Low Tension mains or to provide an installation, a contribution thereto may be required from the consumer.

Service of notice

A notice which is sent by registered post shall be deemed to have been served on the person to whom it is addressed on the day succeeding the day on which the notice would have been received in the ordinary course of post, if it is addressed —