Act No. XXXIV of 2014: An Act to make provision for the transfer of all the assets, rights, liabilities and obligations of Enemalta Corporation to Enemalta plc, to regulate the functions of distribution system operators, to repeal the Enemalta Act, and to make provision with respect to matters ancillary thereto or connected therewith

4. (1) Notwithstanding the provisions of any other law, all Employees of persons in the employment of the Corporation immediately before the the Corporation. coming into force of this article shall, upon the coming into force of this article, be transferred to and become employees of Engineering Resources Ltd by virtue of this article and without the need of any other formalities. VERŻJONI ELETTRONIKA A 736 (2) Engineering Resources Ltd shall take on all the rights and obligations which the Corporation had towards the employees prior to the transfer of the employees in virtue of this article, and each of such employees shall, for all intents and purposes of any law, be deemed to have been in the employment of Engineering Resources Ltd since the date on which he took up the employment with the Corporation, and each of such employees shall, for all intents and purposes of any law continue to enjoy the same rights and conditions held immediately before the coming into force of this article, including but not limited to pension rights or rights relating to the computation of any pension Cap. 93. or of any pensionable service under the Pensions Ordinance or of any other law. Application of 5. Notwithstanding the provisions of the Disposal of the Disposal of Government Government Land Act: Land Act. Cap. 268. (a) the disposal of any land in favour of the Company in virtue of this Act shall be valid and shall have effect without the need of any further authorisation other than this article, and the Cap. 268. provisions of the Disposal of Government Land Act shall not apply to any disposal of any land by the Company or any of its successors in title (including any land transferred to the Company by virtue of this Act) to any person, and such disposals shall not require any further authorisation in terms of the Disposal of Government Land Act; (b) the Minister may by order in the Gazette remove any restrictive conditions imposed by the Government on the Corporation in any public deed by virtue of the application of Cap. 268. article 3(1)(e) of the Disposal of Government Land Act in respect of the disposal of any land made by the Government in favour of the Corporation where such land is subsequently transferred to the Company by virtue of paragraph (a); (c) the Government may make available any land used by the Corporation for the purpose of generation of electricity immediately prior to the coming into force of this article for use by the Company or to any other entity in which the Company has any shareholding, as subject to any conditions as the Government may deem fit. Part II Regulation of Distribution System Operators Installations. 6. For the purposes of any of its functions, a distribution system operator may, subject to the provisions of this Act and to any requirement under any other law, install any installation in public VERŻJONI ELETTRONIKA A 737 roads, and open and break up the surface of any street: Provided that any of these powers may not be exercised without the approval of the Authority for Transport in Malta.

7. (1) A distribution system operator may reduce, as it Duties of a thinks fit, the quantity of energy supply to any consumer if, by reason distribution system operator of any unforeseen circumstances beyond the control of the in relation to the supply of distribution system operator, it appears that the supply of electrical electrical energy generated is insufficient to enable the full quantity to be energy. conveniently supplied. (2) Where the quantity of energy supplied has been reduced as aforesaid no liability shall be incurred by the said distribution system operator in respect of any loss or damage caused by such reduction.

8. A distribution system operator shall not be liable for any Limitation of loss or damage, whether material or consequential, to any person or liability of distribution property for any cessation of the supply of energy which may be due system operator. to unavoidable accident, fair wear and tear or overloading due to unauthorised connection of apparatus, or to the reasonable requirements of the electrical system, or to the defects in any electrical installation not provided by the distribution system operator.

9. The prices to be charged by a distribution system operator Prices, fees, and for the supply of electrical energy and related services shall be in other charges by a distribution accordance with such tariffs as may, from time to time, be prescribed system operator. by the said distribution system operator following the written approval by the Authority.

10. (1) A distribution system operator may only enter into Contracts of contracts for the procurement of goods, services or materials, other supply or works. than petroleum, or for the execution of works, in accordance with the Public Procurement of Entities operating in the Water, Energy, S.L. 174.06 Transport and Postal Services Sectors Regulations. (2) A distribution system operator may obtain petroleum, for the exercise of its functions, in such manner and under such terms and conditions as it may deem fit.

11. Any distribution system operator may, unless otherwise Power of entry instructed by the Authority, nominate any persons to enter any for ascertaining condition of premises, at all reasonable times, to which electrical energy is, has installations, etc. been or is to be supplied by the distribution system operator, or in which any installation, apparatus, instrument, plant or accessories are, have been or are to be installed, or otherwise exist, for or in connection with the supply, storage, distribution, sale or other VERŻJONI ELETTRONIKA A 738 disposal of electrical energy by the distribution system operator, for the purpose of: (a) inspecting, maintaining and, if need be, repairing any of the items mentioned above, as well as any electric lines, meters, fittings, works or apparatus belonging to the distribution system operator or installed therein; (b) ascertaining such data or information as the distribution system operator may require in connection with the services given by the distribution system operator; (c) removing all or any installations, apparatus, instruments, plant or accessories belonging to the distribution system operator, whenever any service provided by the said distribution system operator is no longer required or where the distribution system operator is authorised to withdraw its services: Provided that the distribution system operator shall repair all damage caused by any such entry, inspection or removal: Provided further that the power of entry into any private property in terms of this article shall only be exercised in the presence of a Police officer and under the supervision of such Police officer. Offences 12. (1) The execution of all work in connection with the relating to precautions in services given by a distribution services operator shall be carried out execution of works. in such manner as may be prescribed by or under this Act or by or under any other law, and without prejudice to the public safety or private safety. (2) Any person who, without lawful excuse, contravenes or fails to comply with the provision of this article shall be guilty of an offence under this Act. Offences 13. (1) No person shall use any electrical energy or any relating to installations, installation, apparatus, instrument or their accessories, supplied by a etc., supplied. distribution system operator, or any petroleum supplied for sale or other disposal by or on behalf of the distribution system operator, whether directly or indirectly, for purposes other than that for which it is supplied; and any declaration or clear indication by a distribution system operator as to the purpose for which any thing as aforesaid has been supplied shall be conclusive evidence of such purpose. (2) Any person who contravenes the provision of this article shall be guilty of an offence against this Act. VERŻJONI ELETTRONIKA A 739

14. Any person who - Other offences. (a) obstructs or impedes a member of a distribution system operator in the exercise of his duties under this Act or under any regulations made under this Act; or (b) contravenes or fails to comply with any of the provisions of this Act or of any such regulations as aforesaid or any order lawfully given under the provisions of this Act or of such regulations; or (c) where any licence or permission is required under the provisions of this Act or under any regulations made under this Act, for the use of the services or facilities of a distribution system operator, makes use of such services or facilities without such a licence or permission or contravenes or fails to comply with the conditions of any such licence or permissions, shall be guilty of an offence under this Act.

15. (1) Any person guilty of an offence against this Act or Penalties for against any regulations, rules or orders made under this Act, shall, offences. without prejudice to his liability under the Criminal Code or any other Cap. 9. law, be liable, on conviction, to imprisonment for a term not exceeding six months, or to a fine (multa) not exceeding one thousand two hundred euro (€1,200), or to both such imprisonment and fine. (2) Where an offence against this Act as is referred to in article 14(c) has been committed, any installation, apparatus, instrument, plant, equipment or other thing used in or for the purpose of the commission of the offence shall be forfeited to the Government. Part III Miscellaneous

16. The Minister may, either on the recommendation of the Power to make Authority, or on his own initiative after consultation with the regulations. Authority, make regulations to give better effect to the provisions of this Act and, without prejudice to the generality of the foregoing, in particular to: (a) provide for ancillary matters in relation to and in connection with the transfer of assets and liabilities, and the rights and obligations of the Corporation to the Company in accordance with the provisions of article 3; VERŻJONI ELETTRONIKA A 740 (b) regulate the manner in which a distribution system operator is to install any installations, and how these are to be installed, operated, maintained, protected or controlled and the technical standards or specifications to be observed with respect to such installations; (c) provide for the measures to be taken to ensure compliance with international and other standards used in the distribution of electricity and for the means to be used and the measures to be adopted to ensure safety and prevent danger, damage or nuisance in relation to any aspect of the distribution of electricity; (d) provide for any transitory, consequential, ancillary or related measures. References to 17. Without prejudice to any other provision of this Act, any Enemalta Corporation. reference in any law to the Corporation shall, as from the date referred to in article 3(1), be deemed to be a reference to the Company and any of its successors in title from time to time as the case may be. References to 18. Without prejudice to any other provision of this Act, any the Enemalta Act. reference in any law to the Enemalta Act shall, as from the date Cap. 272. referred to in article 3(1), be deemed to be a reference to this Act as in force from time to time. Amendment of 19. Notwithstanding the provisions of any other law, the subsidiary legislation. amendments to subsidiary legislation in Parts IV, VI, VII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XIX and XXI of this Act shall come into force by virtue of this Act without the need of any further formalities. Part IV Amendments to Cinema and Stage Regulations Amendment of 20. This Part amends the Cinema and Stage Regulations and it the Cinema and Stage shall be read and construed as one with the Cinema and Stage Regulations. S.L. 10.17 Regulations, hereinafter in this Part referred to as "the Regulations". Deletion of 21. Regulation 31 of the Regulations shall be deleted. regulation 31 of the Regulations. Amendment of 22. In regulation 35 of the Regulations, the words "and the regulation 35 of the Regulations. manager of Enemalta" shall be deleted. VERŻJONI ELETTRONIKA A 741 Part V Amendments to Petroleum (Importation, Storage and Sale) Ordinance

23. This Part amends the Petroleum (Importation, Storage and Amendment of Sale) Ordinance and it shall be read and construed as one with the the Petroleum (Importation, Petroleum (Importation, Storage and Sale) Ordinance, hereinafter in Storage Sale) and this Part referred to as "the Ordinance". Ordinance. Cap. 25.

24. In article 11 of the Ordinance, the words "or of the Amendment of article 11 of the Enemalta Act, or kept in force by that Act" shall be deleted. Ordinance. Part VI Amendments to Police Licences Regulations

25. This Part amends the Police Licences Regulations and it Amendments of shall be read and construed as one with the Police Licences the Police Licences Regulations, hereinafter in this Part referred to as "the Regulations". Regulations. S.L.128.01

26. In item 89 of the First Schedule to the Regulations, the Amendment of reference to the "Enemalta Act" shall be amended to refer to the item 89 of the First Schedule "Malta Resources Authority Act". to the Regulations. Part VII Amendments to Water Services Corporation Act

27. This Part amends the Water Services Corporation Act and Amendment of it shall be read and construed as one with the Water Services the Water Services Corporation Act, hereinafter in this Part referred to as "the principal Corporation Act. Act". Cap. 355.

28. Article 22 of the principal Act shall be deleted. Deletion of article 22 of the principal Act.

29. In sub-article (4) of article 28 of the principal Act, for the Amendment of words "at the earliest opportunity and not later than eight weeks after article 28 of the principal Act. he has received a copy of the estimates of Enemalta" there shall be substituted the words "within eight weeks from receipt of a copy of the estimates".

30. The First Schedule of the principal Act shall be deleted. Deletion of the

First Schedule to the principal Act. VERŻJONI ELETTRONIKA A 742 Part VIII Amendments to Local Councils (Delegation of Street Lighting Installation) Order Amendment of 31. This Part amends the Local Councils (Delegation of Street the Local Councils Lighting Installation) Order and it shall be read and construed as one (Delegation of Street Lighting with the Local Councils (Delegation of Street Lighting Installation) Installation) Order, hereinafter in this Part referred to as "the Order". Order. S.L. 363.91 Substitution of 32. Article 3 of the Order shall be substituted by the following: article 3 of the Order. "3. All street lighting installations shall be installed or maintained, as the case may be, strictly in accordance with the regulations made in terms of the Malta Resources Authority Act and also in accordance with the standards, specifications, work- methods and procedures established by the "Street Lighting Devolution Manual" – Document Reference No. SLDM – 01, published with the approval of the Malta Resources Authority, as amended from time to time, hereinafter referred to as the "Manual".". Part IX Amendments to Duty on Documents and Transfers Rules Amendment of 33. This Part amends the Duty on Documents and Transfers the Duty on Documents and Rules and it shall be read and construed as one with the Duty on Transfers Rules. S.L. 364.06 Documents and Transfers Rules, hereinafter in this Part referred to as "the Rules". Amendment of 34. In the proviso to sub-rule (1) of rule 10 of the Rules, the rule 10 of the Rules. words "Enemalta Corporation, or" shall be deleted. Part X Amendments to Notice for the Purposes of the Interpretation of "trader" in the Consumer Affairs Act Amendment of 35. This Part amends the Notice for the Purposes of the the Notice for the Purposes of Interpretation of "trader" in the Consumer Affairs Act and it shall be the Interpretation of read and construed as one with the Notice for the Purposes of the "trader" in the Interpretation of "trader" in the Consumer Affairs Act, hereinafter in Consumer Affairs Act. this Part referred to as "the Notice". S.L. 378.06 Amendment of 36. In article 2 of the Notice, the reference to "Enemalta" shall article 2 of the Notice. be deleted. VERŻJONI ELETTRONIKA A 743 Part XI Amendments to Electricity Supply Regulations 37. This Part amends the Electricity Supply Regulations and it Amendment of shall be read and construed as one with the Electricity Supply the Electricity Supply Regulations, hereinafter in this Part referred to as "the Regulations". Regulations. S.L. 423.01 38. In regulation 2 of the Regulations, immediately after the Amendment of definition "day consumption", there shall be added the following new regulation 2 of the Regulations. definition: " "distribution system operator" shall have the same meaning as under the Electricity Market Regulations;". 39. In the Regulations any reference to "Enemalta" shall be General amended to refer to the "distribution system operator" and any amendment and construction of reference to the "Chairman" or "Office" shall be a reference to the references in the Regulations. Chairman of the distribution system operator and the registered office of the said distribution system operator. Part XII Repeal of Enemalta (Gas Board) Rules 40. This Part repeals the Enemalta (Gas Board) Rules, Repeal of Enemalta (Gas hereinafter in this Part referred to as "the Rules". Board) Rules. S.L. 423.06 41. The Rules are hereby repealed. Repeal of Rules. Part XIII Repeal of Election of Director-Worker Regulations 42. This Part repeals the Election of Director-Worker Repeal of Regulations, hereinafter in this Part referred to as "the Regulations". Election of Director-Worker Regulations. S.L. 423.10 43. The Regulations are hereby repealed. Repeal of Regulations. Part XIV Amendments to Electricity Market Regulations 44. This Part amends the Electricity Market Regulations and it Amendment of shall be read and construed as one with the Electricity Market the Electricity Market Regulations, hereinafter in this Part referred to as "the Regulations". Regulations. S.L. 423.22 VERŻJONI ELETTRONIKA A 744 Amendment of 45. In sub-regulation (1) of regulation 8 of the Regulations, for regulation 8 of the Regulations. the word "Enemalta" there shall be substituted the words "distribution system operator". Amendment of 46. Regulation 21 of the Regulations shall be amended as regulation 21 of the Regulations. follows: (a) in paragraph (b) of sub-regulation (1) thereof, for the word "Enemalta" there shall be substituted the words "the distribution system operator"; and (b) in paragraph (e) of sub-regulation (4) thereof, for the words "Enemalta Corporation" there shall be substituted the words "a distribution system operator". Amendment of 47. In regulation 26 of the Regulations, for the words regulation 26 of the Regulations. "Enemalta Corporation", wherever they occur, there shall be substituted the words "the distribution system operator", and for the words "the rest of Enemalta business" there shall be substituted the words "the rest of its business". Amendment of 48. In the Second Schedule to the Regulations, for the word the Second Schedule to the "Enemalta" there shall be substituted the words "the distribution Regulations. system operator". Part XV Amendments to Electrical Installations Regulations Amendment of 49. This Part amends the Electrical Installations Regulations the Electrical Installations and it shall be read and construed as one with the Electrical Regulations. S.L. 423.39 Installations Regulations, hereinafter in this Part referred to as "the Regulations". Amendment of 50. In regulation 2 of the Regulations, the definition of regulation 2 of the Regulations. "Enemalta" shall be deleted. Amendment of 51. In paragraph (d) of sub-regulation (1) of regulation 11 of regulation 11 of the Regulations. the Regulations, for the word "Enemalta" there shall be substituted the words "a distribution system operator". Amendment of 52. In paragraph (b) of regulation 22 of the Regulations, for regulation 22 of the Regulations. the word "Enemalta" there shall be substituted the words "a distribution system operator". Amendment of 53. In regulation 23 of the Regulations, for the word regulation 23 of the Regulations. "Enemalta" there shall be substituted the words "a distribution system operator". VERŻJONI ELETTRONIKA A 745 Part XVI Amendments to Feed-in Tariffs Scheme (Electricity Generated from Solar Photovoltaic Installations) Regulations 54. This Part amends the Feed-in Tariffs Scheme (Electricity Amendment of Generated from Solar Photovoltaic Installations) Regulations and it the Feed-in Tariffs Scheme shall be read and construed as one with the Feed-in Tariffs Scheme (Electricity Generated from (Electricity Generated from Solar Photovoltaic Installations) Solar Regulations, hereinafter in this Part referred to as "the Regulations". Photovoltaic Installations) Regulations. S.L. 423.46 55. Regulation 2 of the Regulations shall be amended as Amendment of regulation 2 of follows: the Regulations. (a) the definition "Enemalta" shall be deleted; and (b) immediately after the definition "distribution system", there shall be added the following definition: " "distribution system operator" shall have the same meaning as under the Electricity Market Regulations;". 56. In the Regulations any reference to "Enemalta" or to the General "Corporation" shall be substituted by a reference to the "distribution amendment of the Regulations. system operator". Part XVII Amendments to Fisheries Conservation and Management Act 57. This Part amends the Fisheries Conservation and Amendment of Management Act and it shall be read and construed as one with the the Fisheries Conservation Fisheries and Conservation and Management Act, hereinafter in this and Management Part referred to as "the principal Act". Act. Cap. 425. 58. Sub-article (4) of article 29 of the principal Act shall be Amendment of article 29 of the substituted by the following: principal Act. "(4) In this article, the word "petroleum" means all natural hydrocarbons whether in liquid or gaseous form, including crude oil, liquefied petroleum gas and natural gas, and whether in a crude or natural state or in a processed or refined form.". VERŻJONI ELETTRONIKA A 746 Part XVIII Amendments to Use of Fuel in Bakeries Regulations Amendment of 59. This Part amends the Use of Fuel in Bakeries Regulations the Use of Fuel in Bakeries and it shall be read and construed as one with the Use of Fuel in Regulations. S.L. 449.14 Bakeries Regulations, hereinafter in this Part referred to as "the Regulations". Amendment of 60. In paragraph (a) of regulation 3 of the Regulations, for the regulation 3 of the Regulations. words "the Enemalta Corporation or by any other approved agent for such purposes" there shall be substituted the words "any person regulated by the Malta Resources Authority". Part XIX Amendments to Mutual Recognition of Qualifications Act Amendment of 61. This Part amends the Mutual Recognition of Qualifications the Mutual Recognition of Act and it shall be read and construed as one with the Mutual Qualifications Act. Recognition of Qualifications Act, hereinafter in this Part referred to Cap. 451. as "the principal Act". Amendment of 62. The Schedule to the principal Act shall be amended as the Schedule to the principal follows: Act. (a) the word "Wireman" in the first column shall be substituted by the words "Authorisation A" and "Authorisation B"; (b) the words "Enemalta Corporation" in the second column shall be substituted by the words "Malta Resources Authority"; and (c) the words "Electricity Supply Regulations (S.L. 423.01)" in the third column shall be substituted by the words "Electrical Installations Regulations (S.L.423.39)". Part XX Amendments to Development Planning (Procedure for Applications and their Determination) Regulations Amendment of 63. This Part amends the Development Planning (Procedure Development Planning for Applications and their Determination) Regulations and it shall be (Procedure for Applications read and construed as one with the Development Planning (Procedure and their for Applications and their Determination) Regulations, hereinafter in Determination) Regulations. this Part referred to as "the Regulations". S.L. 504.103 VERŻJONI ELETTRONIKA A 747 64. In Schedule 3 to the Regulations, for the words "Enemalta Amendment of Corporation" there shall be substituted the words "The distribution Schedule 3 to the Regulations. system operator as defined in the Electricity Market Regulations". Part XXI Repeal of the Enemalta Act 65. This Part repeals the Enemalta Act, hereinafter in this Part Repeal of the Enemalta Act. referred to as "the principal Act". Cap. 272. 66. The principal Act is hereby repealed. Repeal of principal Act. Passed by the House of Representatives at Sitting No. 184 of the 25th July, 2014. ANĠLU FARRUGIA Speaker RAYMOND SCICLUNA Clerk of the House of Representatives