Public Utilities (Amendment) Act (No. 8 of 1993)

1. This Act may be cited as the Public Utilities (Amendment) Short title. Act 1993.

2. The Public Utilities Act, 1973, in this Act referred to as the Amendment of principal Act is amended as follows - section 2 of No.10 of 1973. (a) in section 2, repeal the definition "electricity" or "electrical energy" or "energy" and substitute the following - "electricity" or "electrical energy" or "en- ergy" means energy involving the use of electricity, electric current or voltage which may be produced by mechanical, chemical or other means and which is generated, transmit- ted, supplied or used for any purpose except the transmission of a message". ANTIGUA 2 The Public Utilities (Amendment) No. 8 of 1993. AND Act, 1993. BARBUDA (b)in section 2, insert after the word "with" in line three of the definition of "electric line" the words "or without" (c) in section 2, insert after the definition of "chairman" the following - "Commission" means the Commission estab- lished by section 15. Amendment of 3. Section 4 of the principal Act is amended as follows - section 4. (a)by deleting the word "Department"in paragraph (b) of subsection (1) and wherever it occurs and substi- tuting the word "Division". (b) by deleting the words "of the Governor-General acting in accordance with the advice" appearing in paragraph (a) of subsection (2). Amendment of 4. Section 5 of the principal Act is amended as follows- section 5. (a) by repealing subsection (2) and substituting the following - "(2) The Authority may, on application, and on such terms and conditions as it thinks fit, grant a licence to any person to generate and supply electricity - (a) at a place where the Authority does not generate or supply elec- tricity; (b) at a place where the authority generates and supplies electric- ity, but in the opinion of the Authority, there is need for addi- tional generation to supplement the existing supply". (b)by deleting the words "one thousand" in line four of subsection (3) and substituting the words "five thousand". No. 8 of 1993. The Public Utilities (Amendment) 3 ANTIGUA Act, 1993. AND BARBUDA (c) by renumbering subsection(3)as subsection(6)and by inserting the following as subsection (3) - "(3) 1 uthority may - (a) refuse to grant a licence to any person under subsection 2(b) if such person owes the Authority any mor,ev in respect of charges due in respect of the installation or the supply of any utility; (b) cancel the licence of any person who is in possession of a licence granted under subsection (2)(b) if such person's supply of elec- tricity has been discontinued for failure to pay on demandcharges due in respect of any electricity supplied. (4) The Authority may apply to a Magis- trate for an order to seize any generator or other mechanical equipment used in generat- ing electricity by any person whose licence has been cancelled under section 3(b). (5) The Magistrate may in any order made under this section - (a) direct the Authority to release any generator or other mechani- cal equipment seized under this section to theowner if such owner pays to the Authority the amount owed to it at the time specified in the order; (b) include in such order.the condi- tions under which any generator or equipmentordered to be seized may be disposedof if the amount owed to the Authority is not paid within the time specified in the order; ANTIGUA 4 The Public Utilities (Amendment) No. 8 of 1993. AND Act, 1993. BARBUDA (c) make any other directions as he may consider necessary in the circumstances." (6) A certificate signed by the General Manager of the Authoritystating that a person whose electricity under section 5 has been discontinued has been generating electricity shall be conclusive evidence for the purposes of subsection (5). Amendment of 5. Section 6(2) of the principal Act is amended by deleting the section 6(2). words "five hundred appearing therein and substituting the words "five thousand". Amendment of 6. Section 7(2) of the principal Act is amended by deleting the section 7(2). words "five hundred and "three months" appearing therein and substituting the words "five thousand and "six months" respec- tively. Amendment of 7. Section 8(2) of the principal Act is amended by inserting section 8(2). after the word "generating" appearing therein the following: "transmitting," Section 15 8. Section 15 of the principal Act is repealed and replaced by repealed and the following - replaced. "(1)For the purpose of determing the tariff to be paid for any utility provided or supplied under this Act, there is established a Commission with power, functions and constitution as are specified in the Fourth Schedule. ( 2 )The rates to tariff to be charged by the Authority or by any other person or body licensed by the Authority for any utilities supplied or provided by it to customers shall be as determined by Order of the Cabinet on the recom- mendation of the Commission. ( 3 ) Any order made under subsection (2) shall be published in the Gazette. Amendment of 9. Section 23(1)(a) of the principal Act is amended by section 23. deleting the word "injures" and substituting the word "damage". Amendment of 10. Section 24 of the principal Act is amended by deleting the section 24. words "five hundred" and substituting the words "five thou- sand. Amendment of 11. Section 26 ( 1 ) of the principal Act is amended by deleting section 26 (1). the words "five hundred and substituting the words "five thousand". No. 8 of 1993. The Public Utilities (Amendment) 5 ANTIGUA Act, 1993. AND BARBUDA

12. Section 29 of the principal Act is amended by deleting the Amendment of section 29. words "five hundred and substituting the words "five thou- sand.

13. Section 300f the principal Act is amended by deleting the Amendment of words "five hundred" and substituting the words "five thou- section 3o. sand.

14. Section 31 of the principal Act is amended by deleting the Amendment of section 31. words "five hundred" and substituting the words "five thou- sand."

15. Section 32 (1) of the principal Act is amended by deleting Amendment of section 32(1). the words "five hundred" and substituting the words "five thousand."

16. Section 33 of the principal Act is amended by deleting the Amendment of section 33. words "one hundred and substituting the words "five thousand."

17. Section 34 of the principal Act is amended by deleting the Amendment of words "one hundred" and substituting the words "five thousand." section 34.

18. Section 37A of the principal Act is amended as follows Amendment of section 37A. (a) by repealing paragraph (b) and substituting the following - "(b) that with respect to any public utility, the Authority is for any reason unable or unwill- ing to act and that such conduct on the part of the Authority is contrary to the interest of the State;" (b) by inserting after paragraph (b) the following - "(c) that it is in the public interest so to do;" the Cabinet may assume the control and management of the Authority for such period as the Cabinet may deem necessary and may perform all the functions and exercise all the rights, powers and duties appertaining thereto as are vested in the Authority under and by virtue of this Act." ANTIGUA 6 The Public Utilities (Amendment) No. 8 of 1993. AND Acr, 1993. BARBUDA Insertion of 19. The principal Act is amended by inserting after section section 37B in 37A the following - principal Act. "Past acts, etc. 37B (1) Any act or thing done or omitted to regularised. be done in relation to the Authority by the Cabinet, the Minister or any public officer or aperson acting by and with the authorityof the Cabinet or a public officer between - (a) the23rd of June, 1979 and the day on which the Cabinet assumes control and management of the Authority under section 37A; or (b) the23rdof June, 1979 and the day on which Cabinet appoints new Directorsto the Board underpara- graph 1 of the First Schedule; whichever is earlier, is hereby declared to be valid for all intents and purposes and deemed to have been lawfully done under the provi- sions of this Act. (2) For the purposes of this section "act or thing" includes execution of agreements, ap- pointment or dismissal of employees." Amendment of 20. Section 39(3) of the principal Act is amended by deleting section 39. the words "three hundred" and substituting the words "one thousand." Amendment of 21. Section 40(2) of the principal Act is amended by deleting section 40. the words "one hundred" and substituting the words "one thousand." Amendment of 22. The First Schedule to the principal Act is amended as First Schedule. follows- (a) repeal paragraph 1 and substitute the following - "The Authority shall be governed by a board of five Directors, appointed by the Cabinet from amongst persons appearing to it to be qualified by reason of having had experience of and shown capacity in matters relating to trade, law, finance, science, engineering, management, administration or labour rela- tions". No. 8 of 1993. The Public Utilities (Amendment) 7 A NTIGUA AND Act. 1993. BARBUDA (b) delete from the Schedule the words "Governor- General" wherever these appear and substitute the word "Cabinet". (c) delete from the schedule the word "Commissioner" or "Commissioners" wherever these appear and substitute the word "Director" or "Directors". (d) in paragraph 4 repeal subparagraph (1) and substi- tute the following - "(1) A Director shall, subject to the provi- sions of this Act, hold office for three years and may, at the expiration of such term be eligible for reappointment". (e) in paragraph 9(4) delete the word "five" and substi- tute the word "three".

23. The principal Act is amended by the insertion after the Insertion of Third Schedule the following - Fourth Schedule. "FOURTH SCHEDULE Composition of 1. (1)The Commission shall consist of the commission. following - (a) A chairman; (b) two persons with requisiteknowl- edge and experience in account- ing or engineering or business to be appointed by the Minister; (c) one person representing the gen- eral public to be appointed by the Minister on the advice of the Trade unions; (d)one person representing the busi- ness community to be appointed by the Minister on the advice of the Antigua and Barbuda Cham- ber of Commerce and Industry Limited. ( e ) a barrister or solicitor of at least ten years standing tobeappointoo by the Minister. A N T I GUA 8 The Public Utilities (Amendment) No. 8 of 1993. AND Act, 1993. BARBUDA (2) The Chairman shall be appointed by the Prime Minister from among the members of the Commission. Tenure. 2. (1) Any person appointed as a member of the Commission shall serve for a term of three years and at the expiration of such term may be eligible for reappointment. (2) A member of the Commission, other than the Chairman, may at any time resign his office by an instrument in writing addressed to the appointing authority and transmitted through the Chairman. (3) The Chairman may resign his office by an instrument in writing addressed to the Prime Minister. (4) The appointment, resignation, termi- nation or death of a member of the Commis- sion shall be published in the Gazette. (5) Where a member is unable to act by reason of illness or other cause, another per- son may be appointed in accordance with paragraph 1 to act as amember in his place for that occasion or until the termination of the disability. Termination of 3. The Prime Minister or the Minister appointment. may, as the case may be, terminate the ap- pointment of the Chairman or a member for any good or sufficientcause and in particular if a member - (a) becomes of unsound mind or incapable of carrying out his duties; (b) becomes bankrupt or compounds with his creditors; (c) is convicted of an offence of which the penalty is one thou- sand dollars or more or impris- onment exceeding three months; No. 8 of 1993. The Public Utilities (Amendment) 9 ANTIGUA AND Act, 1993. BARBUDA (d)is guilty of misconductin relation to his duties; {e) is absent during three consecu- tive meetings of the Commission without the written approval of the Chainnan of the Commis- sion; (f) fails to carry out any of the duties or functions conferred or imposed on him by or under this Act. Remuneration. 4. A member shall be paid such remunera- tion or allowance as the Cabinet may deter- mine. Declaration of 5. (1) A member who is in any way, interest. whether directly or indirectly interested in a coqtract or proposed contract with, or in any other matter concerning a public utility shall declare the nature of his interest on the first convenient opportunity at which it is practi- cable for him to do so and shall not take part in the deliberations ofthe Commission thereto. (2) Where in t.Qe course of any deliberation of the Commission upon any agreement or licenceconcerningapublic utility, it comes to the notice of a member that he is in any way directly or indirectly interested therein the provisions of subparagraph (1) shall apply and such member shall withdraw from the deliberation. (3) This paragraph shall not apply to an interest in any matter relating to the tenns on which the right to participate in any service provided by a public utility is offered to the general public. (4) Any person who fails to comply with the provisions of this section commits an offence and is liable on conviction thereof to a fine of five thousand dollars or to imprison- ment for twelve months. ANTIGUA 10 The Public Utilities (Amendment) No. 8 of 1993. AND Act, 1993. BARBUDA Functions of the 6. (1) The functions of the Commission commission. are - (a) to hear and determine claims by a public utility for an increase of the tariffs payable in respect of its service; (b) to hear and determine objections toclaims by apublic utility for an increase of the tariff chargeable for its service: (c)to hear and determinecomplaints in respect of tariffs payable for any service provided by a public utility; (d) to hear and determine objections to agreements signed by or li- cences granted by the Authority to a person or body for the supply of utility to the public; (e) to hear and determine any other complaintslodged by any person against the supply or provision of a utility to the public; (j) to hear and determine any matter referred to it by the Minister. (2) For the purpose of this Schedule a public Utility includes the Authority or any person licensed by the Government or the Authority to provide any service to the public for which a tariff is charged. Agreement and 7. (1) The Authority shall, on the coming licences to be into force of this Act, submit to the Commis- registered. sion for registration, copies of all agreements and licences made with or granted to any person or body for the supply of utility in respect of which a tariff is charged. (2) The Authority shall, not later than thirty days after signing any agreement with, or No. 8 of 1993. The Public Utilities (Amendment) 11 ANTIGUA Act, 1993. AND BARBUDA granting a licence to, any person or body for the supply of a utility for which a tariff is charged, submit such agreement or licence to the ComL:1ission for registration. (3) Any person aggrieved by the terms and conditions or other effects of any agreement submitted for registration, shall by writing lodged any complaint or objection to such agreement or licence and the reasons for his objection to the Commission who shall by notice in writing informed the Authority and all parties concerned of such objections and the notice of objection shall be considered as a complaint to be dealt with by the Commis- sion. (4) The Commissionshall, after hearing all the partiesconcernedin any objectionslodged to the Commission make any recommenda- tions as it considers proper to the Cabinet. Claim made by 8. (1) Where a public utility desires to public utility. make a claim for an increase in the tariffs payable to it for any of its services it shall, sixty days before such claim is submitted to the Commission publish in the Gazeue and in at least twonewspaperscirculating in Antigua and Barbuda, a notice of its intention to make the claim. (2) A notice published pursuant to subparagraph (1) shall (a) specify the particulars of the claim; (b) invite any person who objects to an award or other determination allowing such claim; to make a complaint to the Commission, within thirty days of the publication of the claim. ANTIGUA 12 The Public Utilities (Amendment) No. 8 of 1993. AND Act, 1993. BARBUDA (3) A public utility may, at the end of the period of publicationspecifiedin subparagraph (1), make aclaim in the prescribed form for an award or other determination allowing such changes in the existing tariffs and the date such tariffs are to come into force. Lodging 9. (1) Every complaint to the Commission complaints. shall be in writing and may be made by the complainant in person, or by his counsel or any person authorisedby him in writing in that behalf. (2) The complainant shall furnish the par- ticulars of the grounds upon which the com- plaint is made in the prescribed form. Justifying claims. 10. (1) The Commission may, on the re- ceipt of a claim or complainton any matter for determination, cause a copy thereof to be served upon such persons as it considersinter- ested in the claim or the complaint and invite them to provide the Commission in writing with such evidence and arguments in support of or against making an award or other deter- mination allowing such changes in the exist- ing tariff. (2) The Commission shall determine the time and place for the parties concerned to make their representation to the Commission. (3) The Commission may require evidence or arguments to be presented in writing and may decide the matters upon which it will hear oral evidence or arguments. (4) All matters. brought before the Com- mission shall be determined by a majority of the members thereof. Appearance of 11. Every party to a matter before the parties. Commission is entitled to appear at the hear" ing of the commission and may be represented No. 8 of 1993. The Public Utilities (Amendment 13 ANTIGUA Act, 1993. AND BARBUDA by counsel or any other person who, in the opinion of the Commission, is competent to assist such person in the presentation of his case. Powers of the 12. (1) The Commission shall, in exercis- commission. ing its functions under this Act, have all such powers as are vested in the High Court in enforcing the attendance of witnesses and examining them on oath, and to compel the production of documents and to enforce its orders. (2) A summons signed by the Chairman of the Commission shall have the same force and effect as any formal process capable of being issued in any action taken in the High Court for enforcing the attendanceof witnesses and compelling the production of documents. Recommendation. 13. (1) The Commission shall, at the end of a hearing for the determination of a claim by a public utility to increase the rate payable for any service, submit to the Cabinet without delay a recommendation of the tariffs ap- proved by it and reasons for its recommenda- tion. (2) In the case of a complaint relating to any other matter between a complainant and the public utility, the Commission may - (a) make an interim order or award relating to the matter or give directionin pursuanceof the hear- ing; (b)discuss the matter or refrain from further hearing or from deter- mining the matter if it thinks that the matter is trivial or vexatious or that further proceedings are not necessary or desirable in the public interest; ANTIGUA 14 The Public Utilities (Amendment) No. 8 of 1993. AND Act, 1993. BARBUDA (c) order any party to pay to another, such costs and expenses, includ- ing expenses of witnesses as are specified in the order; (d) generally give all such directions and do all such things as are necessary or expedient for the expeditious and just hearing and determination of the martter. Transistional 14. (1) The Commission shall, on the com- provisions. ing into force of this Act, and as soon as it is reasonably practicable, request any public utility or a body or person holding alicence for the provision of services under this Act or any other law, to file with it within a specified time, on aprescribed form, tariffs showing all rates established by it. (2) The Commission shall order such tariff to be printed in bold letters and post up at a conspicuous place in the offices of the public utility, any post office and such other places as may be specified by the commission." Passed the House of Representatives Passed the Senate this 11th this 25th day of January, 1993. day of February, 1993. C. L. Murray, B. T. Carrott, Speaker. President. L. A. Dowe, L. A. Dowe, Clerk to the House of Representatives . Clerk to the Senate. Printed at the Government Printing Office, Antigua and Barbuda, by James Adoplhus McKenzie Sebastian, Government Printer, -By Authority, 1993. 800--2.93 [Price $5.75]