Utilities Regulations and Competition Authority (Amendment) Act, 2015 (No. 47 of 2015)

2. Amendment of section 2 of the .principal Act. .. . . ... ..... ............ 2

3. Amendment of section 4 ofthc principal Act.. ...... . .... .... ... ... ."",,3

4. Amendment of section 5 of the principill I\(.;L.... . ..... ........ ... ...... .......... . 3

5. InserLion o rn ew seclions 5A, 5il, 5C, 5D and 5E into the principal Act.. ....... ..... 3

6. Amendment to seclion 13 orthe principal Act....... ......................... .......... ..5

7. Amendment of section 14 of the principal /\ct ....................................... ............ 5 s. Amendment of ~cction 1R lhc princ ipal A<..:l... ...... ..... ......... ..... ................. ...6

9. Am~nJmen t of ::;ecliun 20 of the principal Act. .... .... .. ........... .6

10. Amendment of section 23 of the principal Act... .............. ..6

11. Amendmcnt of section 32 of thc principal Act. ........ ....... ........ .................. . ..... 7 12. /\ Illencimenl of secljon 46 of th~ prim:ipal Act. . ... .. ...... . ... .. ......... ......7 No. 47 of2015 UTILITIES REGULATION ANt) COMPETITION AUTHORITY (AMENDMENT) ACT, 2015 AN ACT T O AMEND TH E UTI L ITIES REGULATIO N AN D COM PETITION AUTHORITY ACT TO ENA BLE AN D FACILITAT E U RC A I N FULFILLI NG ITS FUNCTION AS I NDEPENDENT REGUL ATOR OFTHE EL ECTRI CITY SECTOR AN D FOR CONNECTED M AT TE RS [Date of Assent - 30th December, 2015] Enacted by the Parliament of The Bahamas

1. Short title. (\) This Act, which amends the Utilities Regulation and Competiti on Authority Ad , may be cited as the Utilities Regulation and Competition Authority (Amendment) Act, 2015 . (2) This Act shall come into force on a day to be appointed by the Mini ster by Not ice publi shed in the Gazette.

2. Amendment of section 2 of the principal Act. The principal Act is amended in section 2 by - (a) the deletion o f the phrase "d irector o f pol icy and regulation", together with the accompanying definition, and the substitution of the following - ""direct or of electron ic cOlllmuniClitions" means the executive member responsible for developing and implementing policy and reg ulation of the electronics communi cation sector, appoi nted in accordance with section 23; ' Vol. VI, (Ch306) Page - 2 "diredur uf utilities und energy" meZlns the execlltive mcmbcr responsible ror ("h.: vd oping and imple menting policy and regulation of the rcgul ah:d s~ctors. oLher than e lectronic conulllmicmions, appointed in accordance with S(!clion 23;"; and (b) the il1Sel1iol1 in the appropriate alphabe tical omer or the rollowing words and their dcfmitions- ""financial interest" means any tqui ty interest (incl uding stocks, stock options, bonds) or other o\vncrship i Jllcr~st; "untJcrtakin~" means [l body corporrlte, pa11nel"ship, unincorporated associ ation, or any person, carrying on [l trade or business with or \vithout a vicw to profi t;""

3. Amendment of section 4 of the principal Act The pri ncipal Act is amended in st:cli on 4 hy - (a) in paragmph (k) or subsection (2) - "(i) the deletion o f the word " operators" and the substitution of lhe words "licensees and undertakings, or flny othcr person," ; (ii) the insertion immediately after the word " um..lt:r" o r the words " this Act or;" ; and (b) in paragraph (d) of subst:ctiun (3), the deletion of the words "\lireclor o f pulicy and reguhl lion" and the substitution of Ihe words ""director of electroni c communications or the di rector of utilities an d energy;""

4. Amendment of section 5 of the principal Act. The principal Act is amtndt:d in sec ti on 5 by the deletion of subsection (2) and t]I('; substi tuti on o f the follovvin g - "(2) In conductin g an invt:,Sti g:..l li on under subsection (1), UReA may- (a) request in ""riting Ihnt a licensee or lmdertaking, or any uther person, that is the subject o f the investigation provide the informatio n and documents sel oul in the request """ithin the lime specitied in the request: and (b) cnter premises and inspect, copy and n:tain document.s to the extent pcnnitted under a warrant obtained unde r st:ction 6.""

5. Insertion of new sections 5A, 58, 5C, 50 and 5E into the principal Act. The principal Act is amended by the insertion, immediatel y after section 5, of the rollowi ng new sections - Page,3 " SA. Destroying or fals ifying documents. (1 ) A liccnsee or undl:rlaking, or any other person, required to produce a document under section 5 shall not- (a) illtentional ly or rcekkssiy destroy or otherwise d ispose of, falsify or conceal such document; or (b) cause or permit such document to h~ destroyed, disposed of, falsified or concealed . (2) A licensee or undcrtaking, or any o ther person, \\'ho ~o ntra ven~s or l:,il5 to comply with a provision of (his section commits an OffCIlC':, SR. False or misleading inl'lIr matiun , (1) No persotl shall provid e inform ati on to UReA or an authorised reprcsentatiVt: of UReA, in connection \\-;th n function or duty of URCA lmder this Act or a regulated s~ctor law, ",;hlch is fal st:: or mislead ing in a material partiCUlar, (2) A person who conlravenes suhSCdinn (1) co mmits an offence. Sc. Fa lsely prctcndin g to be e_lIlployee of URCA. (I ) N o person shall atte mpt fraudule ntly to obtain under section 5 entry to the premises of, o r information rrom, a licensee or undenaking or any other person. (2) A person who obtains, or attempts to obtain. entry to premises or intormation hy falsely presenting himself to be an ofti cer, employee or agent of URCA commi ts an ofii:m:e. SD. Obstruction ofUnCA in thl! pcrfurmancc of its duties. (1) No person shall at atly time molest Ilr, withou t cause, hinder or obstruct an officer. employee or agcnt o f URe A in the performance or his dllties or anything which such officer, employec or agent is authorised! empowered or required to do under this Act or allY reg ulateu sec tor Ii\W', (2) A person \vflo eontra vt: nes subsee linn (1 ) commits an ofience, SE. Making of false statcments. ( I) No person shall , in gi ving info rmation or making an application to URCA or to auy olher person under or for the pnrposes o f this Act or any regulated sector law, make any slakment which is [:l lse in ;t ma terial p::lrticular. (2) A person comm its an offe nce who, pursuant to subsection ( I ), knowingly o r reck less ly makl.:s a stakmen l which is false in a materia l particular. (3) No person shall - (a) proclU'c or attcmpt to pnu.:urc for himself or for any other person a liccncc under this Act or any regulated sector law by maki ng or producing, or causing to be made or produced. a false or fiaud ulem representation or declaration, either \·erbHlly or in wTiting: or (b) kno\vingly a id or ass ist in a procurement or attempt to proc ure under paragra rh (a). (4) A person cOlllmits an offenl:t: who willully or fraudulently contrave nes a pJovi sion of s uhsc~tiuTi (1).". 6" Amendment to section 13 of the principal Act SCl:lill n D of the principa l Act is amended by- (a) in su bsection (L) - ( i) in the chapeau, the deletion of the word -<fivc" and Ihe subsli lution or the word "seven" ; (ii) in paragraph (a), the delclion o f lhl;: word " Lwo" and Ihe substitution of the \vord "three"; and (iii) in paragraph (b), the dddion or the words "the director of po licy and regul ati on'" and the );ub~l i l u tio n of the words '''the director o f d t::l.:tronic I.:ommunication and the director of utilities and energy_ respectivdy"; ami (b) the deletion of su bst:clion (5) and lhe substitution of the following " (5) The secrelary to the board - (a) simII hI.: apf10inted by the board to carry out such function s as the board may ddc rmim: from time to time: and (h) may allend meetings of lhe board but is not cnti tk d lll vole thereat unless olherv.;se authorised by [his Act.".

7. Am endm ent of section 14 of the principa l Act. Section 14 of the pri nci pal ...\..:1 i~ amended in subseclion (4) by the ins ertion, im med iately after the word ·'experli se"', 01" the words " in accordance wi th sl:dion 1X(2)( b}(ii ) and is o t" . Page - S 8, Amendment of section 18 the principal Ac t. Section 18 of the principal Ac t is amended by - (a) in paragraph (e) of subsection (2), the deletion of the words ";-.cclion 20" and the substitution of the words "this secti on"; alld (b) by the deletion of subsections (4) and (5 ) respectively and the suhstitution o r the fo ll owing new subscctions - "(4) Subject to section 44 and \vithout prejudice to sect ion \9( 1), a non-executive member shall be appointed for an initi al teml of three years. (5) Except where a non-executive rm:m ber advises the Govemor- (ienewl in v.[rili ng that he does not wish to be reappointed, a non-executive memher may, Ilpon expiry of the initial tenn. be reappoi nted fo r onc or more further terms . (6) Each term of appoinlmc:nt of a non-execmivc member shall be for a period of Lhn:e years,".

9. Amendment of section 20 o f t he principa l A c t. The princ ipal Aet is amcmkJ. hy the deletion of section 20.

10. Amendme nt of section 23 ofthe prin ci pal Act. St:dion 21 or lhe principal Act is amended by - (a) in subsection ( I), the deletion of the words ·'diredor or policy lind regulation" and tbe substitution of the words " the d irector of I.:ll.:clronic communications and (he director of uti iitie .. and energy·'; (b) the deletion of subsection (3) and the substituLion of the fo llo\\.'ing s ubsec tions - "(3) Upon the expiry of the initial term, the board may reappoint an execu tive member fo r one or more further terms, each such krm noL to exceed fiv e years. (4) Notwithstand ing any provision of (his Acl. whert: Ihe re is a vacancy in the of1i ce of or a prolonged absem:c by an executi ve memher, the board may delegate the po\vcr to perform the dlltics of the vacant oillee or absent me mber, unti l the vacancy is fi lled or fo r the period of absence - (a) to a re main ing me mber; or (b) to any other person w ith appropriatl; expertise in Ihe relevant regulated seclor.". Page - 6

11 . Amendment of section 32 of the principal Act. Secrion 32 of tlle principal Act is am('nd('d in suhscciion (4) hy - (a) the ddetiun of paragraph (b) and Ihe subslitution of the following new paragraphs (b) and (e) - "(b) the director of electronic communications; (e) the direc tor of utiliti es and energy; and"; and (b) the fe -naming of the existing paragraph (c) as paragraph (d).

12. Amendment of section 46 of the principal Act. The principal Act is amended by the deletion of subsection (1) and the substitution of the follo\ving - "( I) A member of the Board or member of staff of lJ RCA ~hal\ oat be pe rsonall y liable for any act done or default occasioned honafide in execution or intended executio n of a ny of the functions of UReA under this Act or nny regulated sector law.", Pnge - 7