CHAPTER 73:01
ELECTRICITY

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
LICENCES

   3.   Electricity supply activities to be carried on under licence

   4.   Licensees to hold only one type of licence

   5.   Applications for licences

   6.   Mode and procedure of application for licence

   7.   Criteria for consideration of application for licence

   8.   Incomplete premises

   9.   Conditions of a licence

   10.   Amendment or revocation of licences

   11.   Breach of conditions of licence

   12.   Duration and renewal of licences

   13.   Transfer of licence

   14.   Rural electrification licensees

   15.   Register of licences

PART III
TARIFFS

   16.   Licensees to charge only approved tariffs

   17.   Public hearing before tariff revision

   18.   Criteria for granting or revising tariffs

PART IV
TRANSMISSION, DISTRIBUTION, SYSTEM AND MARKET OPERATOR AND SINGLE BUYER LICENSEE

   19.   Transmission licence

   20.   Duties and functions of a transmission licensee and a distribution licensee

   20A.   Duties and functions of system and market operation licensee

   20B.   Duties and functions of single buyer licensee

   21.   Power sales and purchase contracts

   22.   Import and export of power

   23.   Wheeling of power

   24.   Third party access

   25.   Load Dispatch Centre

   26.   Functions and reports of the Load Dispatch Centre

PART V
SYSTEM OPERATION

   27.   Requirements of the Load Dispatch Centre

   28.   Transmission or distribution licensee not to own a generation station

   29.   Transmission or distribution licensee to conduct operations in accordance with Grid Code

   30.   Generators to sell power to single buyer licensee

PART VI
DISTRIBUTION

   31.   Duties of distributor

   32.   Delays in supply

   33.   Standby supply

   34.   Customers’ installation testing

   35.   Interference with licensee’s system

PART VII
INSPECTION, ACCIDENTS, INQUIRIES AND INVESTIGATIONS

   36.   Entry and inspection of premises

   37.   Licensee to report accidents

   38.   Inquiries and investigations

PART VIII
RIGHTS OVER LAND

   39.   Wayleaves over land

   40.   Right of entry on land

   41.   Trees or buildings interfering with electricity supply and equipment

   42.   Breaking up of streets

   43.   Licensees’ equipment not part of the land

   44.   Compensation for damage caused by licensee

PART IX
OFFENCES AND PENALTIES

   45.   Offences

   46.   Penalties

PART X
MISCELLANEOUS PROVISIONS

   47.   Consumer and customer education brochure

   48.   Resolution of disputes by the Authority

   49.   Service of notice

   50.   Distribution licensee may discontinue supply for non-payment, etc.

   51.   Right of appeal to the High Court

   52.   By-laws, rules, codes and guidelines

   53.   Repeal and savings

22 of 2004
12 of 2016
G.N. 39/2007

An Act to make provisions for the regulation of the generation, transmission, wheeling distribution, sale, importation and exportation, use and safety of electricity and for matters connected therewith or incidental thereto

[28TH DECEMBER, 2007]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Electricity Act.

2.   Interpretation

   In this Act unless the context otherwise requires—

   “Authority” means the Malawi Energy Regulatory Authority established under section 3 of the Energy Regulation Act.

   “average selling price” means the weighted average of the price paid by the single buyer in its contracts with generators, imports and any other supply obtained by the single buyer;

   “bulk consumer” means a consumer that is allowed to buy electricity directly from a generator;

   “case of emergency” with reference to a right of entry on or to land or premises conferred under this Act, means a case in which the person requiring entry to the land or premises in question has reasonable cause to believe that circumstances exist which are likely to endanger life or property, and that immediate entry to such land or premises is necessary to verify the existence of the circumstances or to ascertain the cause or to effect a remedy;

   “customer” means a person purchasing electricity;

   “consumer” means a person using electricity;

   “contract of supply” means a contract between the operator of an electricity undertaking and any other person for the supply of electricity to that person;

   “distribution” means the conveyance of electricity at less than 66,000 volts, or as may be prescribed by notice in the Gazette, from the transmission grid to customers through a distribution power system, and the terms “distribute” and “distributing” have corresponding meanings;

   “distributor” means a person distributing electricity;

   “distribution line” means any cable underground or overhead line for the distribution or reticulation of electricity from an electricity undertaking to a customer, together with any transformers, switchgear or other works necessary to, and used in connexion with, such cable underground or overhead line, and the buildings or such part thereof as may be required to accommodate transformers, switchgear and other works;

   “electricity” means electric energy generated from hydro, thermal, coal, diesel, oil, biomass, gas, photovoltaic, wind, nuclear and any other source as defined in Energy Laws;

   “electricity undertaking” means any installation works or services for the commercial generation, transmission, wheeling, distribution or supply of electricity which is owned or operated by a licensee, and ’electricity undertaker’ bears a corresponding meaning;

   “energy laws” has the meaning ascribed thereto in the Energy Regulation Act;

   “generation” means the production of electricity for sale, and the terms “generate” and “generating” have corresponding meanings;

   “generator” means a person generating electricity;

   “generation station” means any station for generating electricity, including any building, plant and machinery used for the purpose and all accessories necessarily incidental thereto, together with the site thereof, and any site intended to be used for such a station;

   “Grid Code” means the set of rules made by the Authority for operation, dispatch and reporting of the Malawi electricity supply industry;

   “independent power producer” means a person that privately builds, owns and operates facilities to generate and sell electricity to the Malawi electricity supply industry;

   “interconnected system” means all high voltage electricity lines of 66,000 volts and above, or as may be prescribed by notice in the Gazette, including the related substations and associated equipment and generation stations to which they are connected and any distribution system connected thereto;

   “licensee” means the holder of a licence granted by the Authority under this Act for the generation, transmission, distribution, importation or exportation of electricity, system and market operator and single buyer of electricity;

   “Load Dispatch Centre” means a business area within the system and market operator which is used for co-ordination of generation, transmission and distribution of electricity in the interconnected electricity system.

   “power purchase agreement” means a contract between a generator and a single buyer or between a single buyer and a distributor to buy electricity for a pre-established period of time;

   “regulated consumer” means a consumer that must buy electricity from a distributor;

   “rural electrification” means grid or off-grid extension of distribution lines and generation of electricity in rural and remote areas whose internal rate of return is up to a maximum value set by the Authority, line voltage level is less than 66 kilovolts and generation capacity is up to 5 megawatts;

   “single buyer” means a licensee responsible for buying electricity from generators;

   “system and market operator” means a licensee responsible for operating the transmission system and the electricity market of Malawi;

   “supply” means the sale of electricity to customers;

   “supplier” means a person supplying electricity;

   “transmission” means the conveyance of electricity at 66,000 volts or more, or as may be prescribed by notice published in the Gazette, from generators or import points to distributors or large customers or export point through a transmission power system, and the terms “transmit” and “transmitting” have corresponding meanings;

   “transmitter” means a person transmitting electricity.

   “wheeling of power” means the transmission of power from a seller to a buyer using a transmission system of one grid to a load outside the grid boundary.

PART II
LICENCES

3.   Electricity supply activities to be carried on under licence

   (1) A person shall not carry on or be engaged in any activity for the supply of electricity, including the export of electricity from, and import of electricity into, Malawi, without a generation, transmission, importation, exportation, system and market operation, single buyer or distribution licence, as the case may be, issued by the Authority.

   (2) The activities in the electricity supply industry for which a licence is required are—

   (a)   generation of electricity for sale;

   (b)   operation of a transmission network;

   (c)   operation of a distribution network for the supply of electricity;

   (d)   importation of electricity into Malawi; and

   (e)   exportation of electricity out of Malawi.

   (f)      system and market operation;

   (g)   buying electricity from generators.

   (3) The Authority has the power—

   (a)   to determine whether any person is carrying on or engaging in any activity for the supply of electricity; and

   (b)   to order any person not holding a licence and who is required to apply for and hold a licence under this Act to cease carrying on or be engaged in any activity in the generation, transmission, importation, exportation or distribution of electricity.

4.   Licensees to hold only one type of licence

[This section is not in force]

   (1) Save as provided for in subsection (2), a licensee shall not be granted more than one type of licence listed in section 3 (2).

   (2) A holder of a transmission licence before commencement of this Act, shall hold simultaneously licences for distribution, imports, exports, system and market operator and single buyer.

   (3) A person may hold more than one generation licence.

   (4) A licensee breaches this section if he or she holds more than 5 per cent shares in another company which holds a licence under this Act.

   (5) A person that holds a licence for generation may also hold a licence for exportation.

5.   Application for licences

   (1) A person required to hold a licence under this Act shall apply to the Authority for a generation, transmission, system and market operator, single buyer, exportation, importation or distribution licence, as the case may be.

   (2) On commencement of this Act, the Authority shall issue licences for system and market operation and single buyer to the current holder of transmission and distribution licences.

   (3) On commencement of this Act, the authority shall issue a licence for the generation facilities currently in the country.

6.   Mode and procedure of application for licence

   (1) Every application for a licence shall be made to the Authority and be advertised by the Authority at the expense of the applicant, in the prescribed manner.

   (2) Every application for the licence shall be accompanied by—

   (a)   licence application fees as the Authority shall prescribe by notice published in the Gazette; and

   (b)   a schedule of the proposed tariffs which a licensee intends to charge customers.

   (3) Any person may object to the issuing of the licence, and any such objection shall be submitted to the Authority in the prescribed manner and time.

   (4) The Authority shall consider an application under subsection (1) and any objection thereto, and may for that purpose arrange for a public hearing of the application at a suitable time and place of which not less than fourteen days’ notice shall be given to the applicant and every objector.

   (5) At the hearing of an application under subsection (4) the applicant and any objector may be represented by a legal practitioner and may lead evidence in support of the application or objection.

   (6) Not later than thirty days after conclusion of a hearing in terms of subsection (4) or if no hearing was arranged, thirty days after the expiry of the period allowed for the submission of objections in terms of subsection (3), the Authority shall either grant or refuse the application for the issue of a licence.

   (7) If an application for the issue of a licence is refused, the Authority shall inform the applicant in writing of the reasons for the refusal.

   (8) If an application for the issue of a licence is granted, the Authority shall issue the licence in the prescribed manner and the licence shall—

   (a)   specify the particular activity authorized by the licence;

   (b)   define the area in respect of which the licence is issued;

   (c)   contain or have attached to it any conditions imposed in relation to the licence in accordance with this Act; and

   (d)   contain a schedule specifying the approved tariffs that may be charged by the licensee to its customers.

7.   Criteria for consideration of application for licence

   (1) The Authority shall, in considering the application for the issue renewal, amendment or transfer of a licence, give due consideration to matters or activities which may adversely affect, or result in damage to, the environment or the rights of others, weighed against the advantages in general that may be derived from the grant of the application.

   (2) Without derogating from the generality of the provisions of subsection (1) the Authority may—

   (a)   request from the applicant, an environmental and social impact assessment study indicating the extent of any potential damage to or pollution of the environment or social disruption and the steps proposed to be taken by the applicant to prevent or minimize such damage or pollution and to restore the environment generally and in terms of existing environmental legislation;

   (b)   request the applicant to submit details of the technical and economic-financial resources available to the applicant to execute the work, to operate the system in an effective, efficient and safe manner and to carry on the business to which the application or licence relates, substantiated by documentary proof where applicable;

   (c)   request the applicant to submit details of its shareholding structure and related business interests as would be material in terms of section 4 (4);

   (d)   take into consideration the extent to which the activities of the applicant may be detrimental to or adversely affect the rights and operation of other licensees or their customers in their area of operation; and

   (e)   take into consideration the ability of the applicant to provide an effective service to customers.

8.   Incomplete premises

   (1) If an application for a licence is made in respect of premises which still require work of a structural nature to be carried out including the installation of plant and equipment, before operations under the licence can be commenced, the Authority may, upon approval of the plans in respect of such work grant the licence subject to compliance with such conditions and requirements, and within such period, as the Authority may determine before the licence can be issued.

   (2) The Authority shall in writing inform the applicant of the conditions and requirements imposed under subsection (1).

   (3) The Authority may at any time, on application of the applicant concerned—

   (a)   withdraw or amend any condition or requirement referred to in subsection (1);

   (b)   extend or further extend the period referred to in subsection (1); and

   (c)   approve an amended plan in respect of the premises.

   (4) When the Authority is satisfied that the subsection (1) have been completed in accordance with the approved plan thereof, the conditions and requirements have been complied with and the premises are suitable for the purpose for which they will be used under the licence, the Authority shall issue such licence.

   (5) A licence granted in terms of subsection (1) shall lapse if it is not issued before the expiration of the period referred to in that subsection or any extension thereof under subsection (3) (b).

9.   Conditions of a licence

   (1) A licence shall be subject to such conditions as may be prescribed under this Act.

   (2) Without derogating from the generality of the power conferred by subsection (1) conditions prescribed under that subsection may include provisions relating to—

   (a)   implementation of environmental impact mitigation measures proposed by the licensee in his or her application;

   (b)   the obligation of the licensee, upon cessation of the activities carried on under the licence concerned, with regard to the destruction, dismantling or removal of any buildings, walls, installations, equipment, structures, waste dumps or other facilities erected or used for purposes of, or in connexion with, those activities, whether on the premises of the licensee or elsewhere, and the restoration of any land disturbed by such activities;

   (c)   the furnishing by the licensee of acceptable security for compliance with any condition contemplated in paragraph (a) or (b) or acceptable security for compliance with duties of a licensee under this Act; and

   (d)   lodging with the Authority of annual returns containing prescribed particulars.

10.   Amendment or revocation of licences

   (1) Subject to section 11, the Authority may revoke or amend a licence or a condition of a licence

   (a)   on application, or with the consent, of a licensee;

   (b)   upon material breach by the licensee of any of the conditions of the licence or the provisions of this Act, or the Energy Regulation Act; or

   (c)   if subsequent to granting of the licence it is discovered that information furnished in connexion with that application was incorrect or incomplete in a material respect.

   (2) The provisions of section 6 shall apply mutatis mutandis to applications for amendment or revocation of a licence under subsection (1).

11.   Breach of conditions of licence

   If a licensee fails to comply with his licence, the conditions on which it was granted or the provisions of this Act or the Energy Regulation Act, or modifies the purpose for which the licence was granted, or fails to commence or complete any works required in his licence, the Authority may serve him or her a notice in writing requiring him to comply within such reasonable period as the Authority may determine, and where the licensee fails to comply, the Authority may—

   (a)   call for any security provided by the licensee to rectify the breach where feasible;

   (b)   impose such penalties or sanctions as may be provided for under this Act or the Energy Regulation Act, or the licensing conditions of such licensee which may include recovery in a court by the Authority from such licensee of any profit earned by the licensee as a result of the non-compliance;

   (c)   amend the licence; and

   (d)   revoke the licence or suspend the licence and appoint new managers, for a period not exceeding one year, to manage the operations of the licensed activity temporarily while conducting competitive bidding to identify a licensee to take over that licensed activity.

12.   Duration and renewal of licences

   (1) Unless sooner revoked under section 10, a licence shall remain valid for such period as shall be prescribed in the licence which period shall not exceed—

   (a)   in the case of a generation licence, fifty years;

   (b)   in the case of a transmission licence, thirty years;

   (c)   in the case of a distribution licence, twenty years; and

   (d)   in the case of a licence to export or import electricity, thirty years.

   (e)   in the case of a system and market operator and a single buyer, twenty five years.

   (2) A licensee may within a period of not less than twelve months before the date fixed for the termination of the licence, make application to the Authority for a renewal of such licence and the application shall be made in accordance with this Act.

   (3) A licence shall be renewed if the Authority is satisfied that the licensee has acted in accordance with the terms and conditions of the licence and the provisions of this Act, and that renewal of such licence will further enhance the objectives of this Act.

13.   Transfer of licence

   (1) A licence may not be transferred or ceded to any other person, unless the Authority has granted approval therefor.

   (2) An application for the transfer of a licence shall—

   (a)   be made by the licensee and proposed transferee jointly;

   (b)   be submitted to the Authority; and

   (c)   be advertised at the expense of the applicant, in the prescribed manner.

   (3) Any objection to the transfer of a licence shall be submitted to the Authority in the prescribed manner.

   (4) The Authority shall consider an application in terms of subsection (1) and any objection thereto, and may for that purpose, at its discretion, arrange for public hearing of the application at a suitable time and place of which not less than fourteen days notice shall be given to the applicants and every objector.

   (5) At a hearing of an application under subsection (4), the applicant and an objector may be represented by a legal practitioner and may lead evidence in support of the application or objection.

   (6) Not later than thirty days after conclusion of a hearing under subsection (4) or, if no hearing was arranged, thirty days after expiry of the period allowed for the submission of objections under subsection (3), the Authority shall either grant or refuse the application for transfer.

14.   Rural electrification licensees

   The Authority may, by notice published in the Gazette, prescribe special and less onerous licensing regulations in respect of applications for rural electrification.

15.   Register of licences

   The Authority shall keep and maintain a public register of licences issued, including the following information—

   (a)   the terms and conditions of each licence; and

   (b)   such other information as may be prescribed or required under this Act.

PART III
TARIFFS

16.   Licensees to charge only approved tariffs

   (1) Subject to the provisions of this Part, a licensee shall not charge any customer any tariffs higher than those specified in the schedule of approved tariffs for his or her licence.

   (2) The schedule of tariffs approved by the Authority under subsection (1) shall comprise—

   (a)   a base tariff determined in accordance with the principles laid down in section 18; and

   (b)   a tariff adjustment formula which takes into consideration exchange rate movement, consumer price index increases and other unavoidable cost increases and expected efficiency gains in the sector.

   (3) The expected efficiency gains referred to in subsection (2) for distribution licensee shall include—

   (a)   reduction of technical and non-technical losses;

   (b)   accounts receivables of not more than sixty days;

   (c)   connexion rates; and

   (d)   customer-employee ratio,

   (e)   any other performance indicator as deemed necessary by the Authority.

   (4) The Authority shall determine the components of the base tariff from time to time, by notice published in the Gazette.

   (5) The Authority shall, every four years, revise the base tariff and review the tariff adjustment formula referred to in subsection (2) for all licensees, with the exception of generation licensees.

   (6) At the end of four years and before the Authority approves the new base tariff or new tariff adjustment formula for the next period, the base tariff and respective tariff adjustment formula shall remain in force.

   (7) The generation component of the base tariff shall be adjusted based on the respective power purchase agreements, and informed by the single buyer to the Authority.

   (8) Every licensee, with the exception of a generation licensee, shall publish the approved tariff or any revision thereof in a manner prescribed by the Authority.

   (9) A single buyer shall publish the tariff agreed in each power purchase agreement, as well as the resulting average selling price.

17.   Public hearing before tariff revision

   (1) Before revising the base tariff and the tariff adjustment formula in accordance with section 16 (5) the Authority shall publish the proposed tariff revision and may cause tariff studies to be carried out.

   (2) Any objection to the tariff revision shall be submitted to the Authority in the prescribed manner and time.

   (3) The Authority shall consider the objections and tariff studies in terms of subsection (1), and shall for that purpose, arrange for a public hearing of the tariff revision at a suitable time and place of which not less than fourteen days notice shall be given.

   (4) At a hearing in terms of subsection (3) any objector may be represented by a legal practitioner and may lead evidence in support of the objection.

   (5) Not later than thirty days after conclusion of a hearing under subsection (3), the Authority shall either revise the tariff or leave it as it may be or modify the proposed revisions.

18.   Criteria for granting or revising tariffs

   (1) The tariff of charges for new entrants or revision of tariff of charges provided under this Act shall be approved by the Authority and shall be set at levels sufficient to allow the licensee an opportunity to recover his costs of service, including a reasonable return on capital and encourage efficiency.

   (2) In addition to the principles set in subsection (1), the Authority shall have regard to the following when setting or revising tariff of charges—

   (a)   predictability of adjustments;

   (b)   financial sustainability of licensees;

   (c)   price stability;

   (d)   equity and fairness;

   (e)   cost of service;

   (f)   quality of service; and

   (g)   the value of the Malawi Kwacha in relation to foreign currencies.

PART IV
TRANSMISSION, DISTRIBUTION, SYSTEM AND MARKET OPERATOR AND SINGLE BUYER LICENSEE

19.   Transmission licence

   (1) The Authority shall issue a transmission licence to the system and market operator to build, operate and maintain the transmission network in Malawi.

   (2) The Authority shall issue additional transmission licences to generators that need to connect their plants with the network owned and operated by the system and market operator.

   (3) On recommendation of the single buyer and upon approval by the Minister, the Authority may issue a transmission licence to a person different from a transmission operator to build, operate and maintain transmission facilities:

   Provided that the holder of this licence shall operate under the coordination of the transmission licensee, following the orders of the system and market operator licensee.

20.   Duties and functions of a transmission licensee and a distribution licensee

   (1) The duties and functions of the transmission licensee shall be to—

   (a)   build, operate and maintain the transmission network in Malawi;

   (b)   undertake transmission planning in collaboration with the single buyer licensee;

   (c)   provide information for the single buyer licensee's planning activities;

   (d)   coordinate the operation of the transmission system with the system and market operator licensee;

   (e)   comply with the operation procedures and criteria established in the market rules and Grid Code for the reliable and economic operation of the transmission system; and

   (f)   coordinate the importation and exportation of electricity as instructed by the single buyer licensee.

   (2) The duties and functions of the distribution licensee shall be to—

   (a)   plan, build, operate and maintain the distribution network in Malawi;

   (b)   supply electricity to consumers;

   (c)   take meter readings, prepare and deliver invoices, and collect payments from consumers;

   (d)   provide information to the single buyer licensee for planning and forecasts purposes;

   (e)   coordinate the operation of the distribution system with the system and market operator licensee;

   (f)   forecast the electricity consumption in each node or zone supplied by the licensee at every time segment of the day; and

   (g)   provide information to the system and market operator licensee for the daily generation dispatch.

20A.   Duties and functions of system and market operation licensee

   (1) The duties and functions of the system and market operator licensee shall be, to—

   (a)   guarantee to all generation plants a fair dispatch and non-discriminatory access to the transmission system;

   (b)   own, manage and operate the Load Dispatch Centre in a non-discriminatory manner and at least cost in the interconnected system;

   (c)   plan and control the daily operation of the integrated and interconnected system;

   (d)   dispatch generation in line with market rules and the Grid Code;

   (e)   optimize the use of reservoirs, taking into consideration other water usages and environmental constraints;

   (f)   supervise and coordinate the real time operation of the market;

   (g)   meter and settle transactions between licensees;

   (h)   determine the actual power of generation units of the interconnected system;

   (i)   determine the valued balance of the movement of electricity resulting from the integrated operation of the system;

   (j)   provide accurate information to licensees and companies interested to invest in the sector;

   (k)   manage imports and exports arising from the operation of the Southern Africa Power Pool's Day Ahead electricity market;

   (l)   represent Malawi in the Southern Africa Power Pool;

   (m)   submit periodic reports to the Authority in respect of each of the functions in this subsection; and

   (n)   perform such other duties incidental to and connected with the objective of the Load Dispatch Centre.

   (2) For the purposes of subsection (1), “Southern Africa Power Pool” means a cooperation of the national electricity companies in Southern Africa that have created a common power grid between their countries and a common market for electricity.

20B.   Duties and functions of single buyer licensee

   The duties and functions of the single buyer licensee shall be to—

   (a)   prepare a long term forecast of demand, taking into consideration the targets of electricity supply coverage and expected economic growth in consultation with the Minister;

   (b)   undertake least cost long-term generation and transmission expansion plan;

   (c)   prepare a ranking of generation projects to be tendered out with the approval of the Minister;

   (d)   prepare a ranking of transmission projects to be built, in coordination with the transmission licensee, with the approval of the Minister;

   (e)   organize, with the approval of the Minister, open tenders for independent power producers that shall comply with guidelines established by the Authority;

   (f)   evaluate unsolicited proposals from independent power producers and recommend to the Minister for approval;

   (g)   negotiate and submit power purchase contracts to the Authority for approval, and sign the contracts with the independent power producers;

   (h)   prepare the annual generation forecast;

   (i)   conclude power purchase agreements with generation licensees;

   (j)   conclude power supply contracts with distribution licensees; and

   (k)   conclude power purchase agreements for importation and exportation of electricity.

21.   Power sales and purchase contracts

   (1) In order to comply with their obligations to meet the total demand for electricity within their area of distribution, distributors shall sign electricity supply contracts with the single buyer licensee at rates agreed upon between the parties and approved by the Authority.

   (2) All licensees shall sell or purchase bulk power through the single buyer licensee.

22.   Import and export of power

   (1) The single buyer licensee shall, under licence from the Authority, whenever there is need for additional generation capacity, consider purchase of power from other countries through international interconnectors.

   (2) The single buyer licensee shall under licence from the Authority, whenever there is excess generation capacity or reserve capacity when feasible, consider sale of power to other countries through international interconnectors.

   (3) Apart from the single buyer licensee no other licensee shall be licensed to import or export power into and out of Malawi, respectively:

   Provided that a distribution licensee may be licensed to export power out of Malawi if such export is through a distribution line, and provided further that export of power shall not affect the local capacity to meet the demand for power at any time.

23.   Wheeling of power

   The wheeling of power through the Malawi transmission system shall be in accordance with the principles of the Southern Africa Power Pool.

24.   Third party access

   (1) A transmission licensee who is licensed to transmit electricity may not, upon the request of another licensee, refuse that licensee the right of transmitting electricity through its electrical or transmission line against payment of compensation at a rate approved by the Authority, except if such refusal is reasonably based on an insufficiency of technical availability of capacity.

   Provided that in case of insufficiency of technical availability of capacity, the allocation shall be based on the economical dispatch of generation.

   (2) For purposes of this section there is a rebuttable presumption that there is always available capacity in the transmission system until the contrary is demonstrated by the transmission licensee to the satisfaction of the Authority.

   (3) The tariff of charges charged by a transmission licensee shall be approved by the Authority and the tariff shall reflect cost of service and be non-discriminative.

25.   Load Dispatch Centre

   A transmission licensee shall own, manage and operate the Load Dispatch Centre which shall be responsible for coordination of generation, transmission, load dispatch and distribution in a non-discriminatory manner and at least cost in the interconnected system.

26.   Functions and reports of the Load Dispatch Centre

   (1) A transmission licensee shall, through the Load Dispatch Centre, be responsible for the following functions—

   (a)   the planning and control daily of the integrated operation of the interconnected system to ensure satisfaction of demand through safe, reliable and low cost operation;

   (b)   the carrying out of load dispatch in real time at minimum cost;

   (c)   the determination of the actual power of generation units of the interconnected system;

   (d)   the determination of the valued balance of the movement of electricity resulting from the integrated operation of the system; and

   (e)   the performance of such other duties incidental to and connected with the objective of the Load Dispatch Centre.

   (2) A transmission licensee shall submit periodic reports to the Authority in respect of each of the functions in subsection (1).

PART V
SYSTEM OPERATION

27.   Requirements of the Load Dispatch Centre

   (1) The Load Dispatch Centre shall perform daily the economical dispatch of generation, in accordance with the market rules and the Grid Code.

   (2) Every generator shall comply with the instructions of the Load Dispatch Centre and shall inform the Load Dispatch Centre daily of its availability.

28.   Transmission or distribution licensee not to own a generation station

   No transmission licensee or distribution licensee shall be licensed to build, own or operate and maintain a generation station for sale of power whether for firm or standby purpose.

29.   Transmission or distribution licensee to conduct operations in accordance with Grid Code

   A transmission and distribution licensee shall conduct its operations in accordance with the Grid Code.

30.   Generators to sell power to single buyer licensee

   All generators shall sign power sale agreements with the single buyer licensee for sale of their power at a price to be agreed between the parties but approved by the Authority.

PART VI
DISTRIBUTION

31.   Duties of Distributor

   Subject to the terms and conditions of a licence issued in accordance with this Act and the Energy Regulation Act, every distributor shall supply electricity to every consumer who is in a position to make satisfactory arrangements for payment under a contract of supply with that operator.

32.   Delays in supply

   Where a distributor unduly refuses to supply any applicant with electricity, the applicant may appeal to the Authority, which shall determine the conditions under which the distributor shall undertake such supply.

33.   Standby supply

   A consumer shall not be entitled to a standby supply of electricity from the distributor in respect of any premises unless that consumer has agreed to pay and has given security to pay, such minimum annual sum as shall give to the distributor a reasonable return (which return shall be determined by the Authority) on any capital expenditure and any other standing charges which may be incurred in meeting the maximum demand for the premises.

34.   Customers’ installation testing

   A distributor shall test any installation of an applicant before a supply of electricity:

   Provided that the testing of such installation shall not render the operator liable in law for any damages or injury flowing from defective installations of applicants.

35.   Interference with licensee’s system

   A customer shall ensure that the operations of his or her system does not interfere with the smooth and safe operation of the licensee’s system to which he or she is connected.

PART VII
INSPECTION, ACCIDENTS, INQUIRIES AND INVESTIGATIONS

36.   Entry and inspection of premises

   The Authority, or any person authorized by it in writing, may at all reasonable times enter any premises or any licensed activity for the purpose of ascertaining whether or not the provisions, of this Act or the Energy Regulation Act, or the conditions of any licence are being complied with, or for the purpose of any inspection which is incidental to or connected with the carrying out of the duties of the licensee.

37.   Licensee to report accidents

   (1) A licensee shall send to the Authority notice of any accident of such a kind as to have caused, or likely to have caused, loss of life or serious personal injury which has occurred in any part of such licensee’s works or equipment, together with notice of any loss of life or serious personal injury occasioned by any such accident.

   (2) Nothing contained in subsection (1) shall absolve the licensee from the duty of complying with the provisions of any other written law relating to the reporting of accidents.

38.   Inquiries and investigations

   (1) The Authority may, at its own instance or on receipt of a complaint or inquiry relating to the supply of electricity, appoint any person to make inquiries in respect thereof and report thereon to the Authority.

   (2) On receipt of a report under subsection (1), the Authority may—

   (a)   issue such notice, licensing conditions, guidelines, or directives as it is empowered to do under this Act or the Energy Regulation Act; or

   (b)   institute a formal investigation.

   (3) The Authority shall on receipt of a complaint regarding unlawful conduct by a licensee, institute a formal investigation in respect of that complaint.

   (4) Upon instituting a formal investigation under subsection (2) or (3) the Authority may appoint any person to chair the investigation and as many persons as may be necessary to assist with the investigation; and the person so appointed and the persons assisting him may summon witnesses and conduct the investigation in accordance with the procedure the Authority shall publish in the Gazette.

   (5) On completion of the investigation under subsection (4) the person chairing it shall submit his written report thereon to the Authority.

   (6) On receipt of the report under subsection (5), the Authority—

   (a)   may refer it to the Attorney General for his consideration;

   (b)   if a licensee is involved—

      (i)   may issue notice, licensing conditions, guidelines, or directives as it is empowered to do or make under this Act or the Energy Regulation Act; or

      (ii)   may amend or revoke the licence of that licensee in accordance with this Act or the Energy Regulation Act; and

   (c)   shall give a copy of the report to a concerned customer or consumer or affected person who requests for it.

PART VIII
RIGHTS OVER LAND

39.   Wayleaves over land

   (1) Subject to the Public Roads Act, a licensee may, for the purpose of the construction, maintenance, carrying on or extension of any of its works, place, lay down or carry any transmission line or distribution line or water pipeline or other equipment through, over or under any land whatsoever:

   Provided that the licensee shall not, without the consent of the owner, be entitled under this section to interfere with any existing building.

   (2) A licensee shall, not less than thirty days before placing, laying down or carrying any transmission line, or distribution line, water pipeline or other equipment through, over or under any land without the consent of the owner, lessee or occupier of such land, give notice of the intended work either by notice published in the Gazette or in a paper in general circulation.

   (3) Every notice referred to in subsection (2) shall—

   (a)   describe the nature of the intended work;

   (b)   describe the name of the place where the plan of the intended work shall be open for inspection during normal hours of business; and

   (c)   be served on any person resident in Malawi whose place of residence is known to the licensee, its staff or agents, and who is known or believed to be the owner, lessee or occupier of any land through, over and under which it is intended that any transmission or distribution line, water pipeline or other equipment shall be carried.

   (4) If the place of residence of any person who is believed by the licensee, its officers, servants or agents to be the owner, lessee or occupier of any land is not known to the licensee, its staff or agents, or if for any reason it is not possible to effect service of the notice upon such persons, then, or in either of those events, the licensee shall cause such notice, or a true copy thereof, to be posted in a conspicuous position upon such land.

   (5) If the owner, lessee or occupier of any land through, over or under which it is intended that any transmission line or distribution line, water pipeline or other equipment shall be placed, laid down or carried, objects to the intended work and shall have served notice in writing of such objection at the office of the licensee at any time within the period of thirty days referred to in subsection (2), the intended work, in so far as it affects the land of the person serving such notice of objection, shall not be commenced unless the Authority approves the commencement of the intended work notwithstanding such objection.

   (6) Where any notice of objection is given in accordance with subsection (5), the Authority may appoint such person or persons as it may think fit to make inquiry into the necessity, propriety or desirability of the intended work, and into the objections made thereto, and to report to the Authority in respect of those matters and on receiving the report of such person or persons, the Authority may make a decision either to allow the intended work, with such modifications, if any, or disallow the intended work, as it may deem necessary.

   (7) Nothing in this section shall authorize or empower the licensee to lay down or place any transmission line or distribution line, water pipeline or other equipment in, through or against any building, or in, on or through any land covered with buildings, without the consent of the owner, lessee or occupier thereof, so however that any overhead line and any support, stay, strut or structure required for the sole purpose of supporting any overhead line may be placed in, on, through or over any land or against any building with the consent of the Authority if, in his opinion, the consent of such owner, lessee or occupier is being unreasonably withheld, and in any such case, the Authority shall determine the amount of compensation, whether by way of payment of a lump sum or an annual rental, or of both, to such owner, lessee or occupier.

   (8) If the owner, lessee or occupier of any land in, on, through or over which any transmission line or distribution line, water pipeline or other equipment is placed, laid down or carried, or, in the case of a street, the local or other authority concerned, shall require and request that the position of such transmission line or distribution line, water pipeline or other equipment be changed, the Authority may, by notice in writing, order the licensee to alter the position of such transmission line or distribution line, water pipeline or other equipment, subject to such conditions as, in the absence of agreement between the parties, may be specified by the Authority.

   (9) Where any rights over land have been acquired by a licensee, whether by an agreement or under this Part, then, notwithstanding the fact that those rights may not have been registered against the title to the land which they relate in accordance with the written law relating to registration of title or deed, those rights shall be binding on the owner of such land and on the successor in title.

40.   Right of entry on land

   (1) Any member, or staff or agent of the licensee, duly authorized in that behalf by the licensee, and any contractor executing any work for the licensee together with its agents and staff may, on giving to the occupier such notice as, having regard to all the circumstances of the case, is reasonable, enter upon land at any time between the hours of six o’clock in the forenoon and six o’clock in the evening for the purpose of surveying, setting out and marking the line of any intended transmission line or distribution line, water pipeline or other equipment.

   (2) It shall be lawful for the licensee or any person in that behalf duly authorized by the licensee in writing any time between the hours of six o’clock in the forenoon and six o’clock in the evening, or, in the case of emergency, at any other time, to enter into and upon any premises, through, or under which the licensee has placed a transmission line or distribution line, water pipeline or other equipment, in order to perform and carry out the licensee’s purpose on such and or premises, or to maintain, remove, repair or replace any such transmission line or distribution line, water pipeline or other equipment or carrying out any works urgently needed to be done in relation thereto.

41.   Trees or buildings interfering with electricity supply and equipment

   (1) Where, on any land, trees or undergrowth of any kind obstruct or interfere with the construction, working or supply and maintenance of any transmission line, distribution line, water equipment, pipeline or other equipment, the licensee may give to the owner, lessee or occupier of the land upon which such trees or growth are situated not less than fourteen days’ notice in writing of its intention to enter upon the land and to cut down or to trim such trees or growth, and after the expiry of the time limit in the notice, may enter upon the land and effect such notified intention.

   (2) The owner, lessee or occupier, on receiving notice in accordance with subsection (1), may at his or her own expense and at any time before the expiry of the time limit in the notice, but in consultation with the licensee to ensure safety, cut down or trim the trees or undergrowth so as to comply with the requirements of the licensee in that regard.

   (3) Notwithstanding the provisions of subsection (1) and after taking such immediate action which is essential in order to protect any transmission line, distribution line, water pipeline or other equipment from damage by any trees or undergrowth on any land, the licensee may without any notice to the owner, lessee or occupier, enter upon such land and cause such trees or undergrowth to be cut down or trimmed in such a manner as may be necessary to prevent the anticipated or other damage.

   (4) Except with the permission of the licensee, no person shall erect any building or structure in the wayleave or in such a position or in such a manner as likely to interfere with the supply of electricity through any transmission line or distribution line and if after a transmission line or distribution line has been constructed, any person erects any building or structure in the wayleave or in such a position or in such a manner as likely to interfere with the supply of electricity through such transmission line or distribution line the licensee may request such a person to remove or adjust such a building or structure as may be necessary; and if such person fails or omits to comply with such a request, the licensee may apply to the Authority for an order for the removal or adjustment of the building or structure and, after such inquiry as it may deem necessary, the Authority may make such order as it deems fit.

   (5) No person, owner, occupier or lessee shall grow trees or undergrowths or allow trees or undergrowths to grow or to be grown on the land he owns, occupies or leases in such a manner as likely to interfere with the supply of electricity through any transmission or distribution line of the licensee.

42.   Breaking up of streets

   (1) Subject to subsection (2), where the licensee has acquired the right to place the transmission line or distribution line across, under or along any street either in accordance with the Act or any other written law, the licensee may break up any street in which such right has been acquired and may from time to time as may be necessary repair, alter or remove any such lines.

   (2) Before the licensee exercises any power conferred by this section, it shall give to the local or other authority concerned and to respective owners of all water pipes, telephone cables or other installations at least thirty days notice in writing of its intention to exercise such power:

   Provided that in any case of emergency, the licensee shall give notice thereof to such authority and to respective owners of all water pipes, telephone cables or other installations, as soon as is practically possible after the emergency has arisen.

   (3) Except in cases of emergency, the powers conferred by this section shall only be exercised under the superintendence of the local authority or other authority concerned, and according to such specifications and such plan showing the route along which the transmission lines or distribution lines are to be erected as may be approved by that authority, or if any difference arises with regard to the specification, plan or route, then according to such specification and such plan as may be approved by the Authority:

   Provided that if the authority concerned fails, within reasonable time, to exercise the powers of superintendent conferred by this section, after such notice shall have been given to the authority, then the licensee may exercise those powers without superintendent of the authority.

   (4) Every licensee that carries out any work authorized by this section shall—

   (a)   comply with the relevant by-laws and regulations of the local or other authority concerned;

   (b)   complete the work with reasonable dispatch;

   (c)   reinstate and make good the street opened or broken up in the course of such work and remove therefrom all material remaining as a result of the work;

   (d)   leave the street in all respects in a clean and tidy state; and

   (e)   cause all works to be at all times properly fenced and guarded and to be adequately marked with warning lights during the hours of darkness while the street is in the course of being opened, broken up or obstructed.

   (5) If a licensee fails to comply with subsection (4), the local authority or other authority concerned may cause to be carried out, at the expense of the licensee, any work necessary for the due discharge of that duty.

43.   Licensees’ equipment not part of land

   Any lines, meters, fittings, works or apparatus belonging to a licensee and lawfully placed or installed in or upon any premises not in his possession shall, whether or not fixed to any part of such premises, remain the property of and may be removed by the licensee, and are not liable to be taken in execution under any process of law or any proceedings in insolvency or liquidation against the owner or occupier of such premises.

44.   Compensation for damage caused by licensee

   (1) The licensee shall make good to the reasonable satisfaction of the local or other authority, or the owner, as the case may be, of all public and private roads, streets and paths opened or broken up by the licensee in the course of its operations and shall also pay fair and reasonable compensation or rent or both for all losses or damage caused in the execution of any of its powers conferred by this Act.

   (2) Where a dispute arises as to whether any road, street or path has been adequately made good, or as to the amount of compensation or annual rent to be paid under subsection (1), such dispute shall be referred to a Resident Magistrate having jurisdiction in the District in which the cause of the dispute arose and for that purpose the Resident Magistrate shall have jurisdiction in all of such disputes irrespective of the amount of compensation or rent involved and may make such award as he deems fair and reasonable to the person who is found to be entitled thereto.

   (3) Either party to the dispute may appeal from the decision of the Resident Magistrate to the High Court.

PART IX
OFFENCES AND PENALTIES

45.   Offences

   (1) Any person who carries on in any manner any activity for the supply of electricity in contravention of this Act, or fails to carry out any order or decision of the Authority made or given under this Act or otherwise contravenes the provisions of this Act, shall be guilty of an offence.

   (2) Without prejudice to the right of a licensee to recover for any illegal consumption of electricity, including costs associated with such recovery, a customer or any other person who—

   (a)   illegally connects electricity to any premises;

   (b)   disturbs or tampers with any electricity meter or other measuring instrument or apparatus;

   (c)   denies access to premises for inspections by authorized personnel of the licensee or the Authority; or

   (d)   damages or vandalizes any electricity installation equipment or apparatus,

shall be guilty of an offence.

   (3) Any transmitter who denies access on his system to licensees shall be guilty of an offence.

46.   Penalties

   Any person who is guilty of an offence under this Act shall be liable to a fine of K5,000,000 and to imprisonment for ten years.

PART X
MISCELLANEOUS PROVISION

47.   Consumer and customer education brochure

   The Authority shall develop and publish an information brochure and other modes of communication for consumer and customer education on the structure and price regulation or on technical, safety and legal aspects of the electricity supply industry.

48.   Resolution of disputes by the Authority

   (1) The Authority shall, if requested by a party to a dispute, act as a mediator or arbitrator in disputes between licensees or between a licensee and its customer or a licensee and the Coordination Centre relating to—

   (a)   the right to supply electricity;

   (b)   the duty to supply electricity;

   (c)   the tariffs and charges at which electricity is applied;

   (d)   delays in or refusal to supply electricity; and

   (e)   the quality of electricity supply and the provision of services in connexion therewith.

   (2) The Authority may act as mediator or arbitrator in any matter in respect of which a licensee or customer requests the Authority to act as such.

   (3) The Authority may, on approval of the parties involved, appoint a suitable person to act as mediator or arbitrator on its behalf and any action or decision of a person so appointed shall be deemed to be an action by or decision of the Authority.

   (4) The Authority shall by notice published in the Gazette prescribe the procedure to be followed and arbitration fees to be paid in arbitrating a dispute and the decision of the Authority, shall be binding on the disputing parties, subject only to the right of each party to appeal to the High Court as provided in this Act.

49.   Service of notice

   Any notice or other document required or authorized to be given, delivered or served under this Act may be given, delivered or served—

   (a)   by delivering it to the person to whom it is to be given or delivered or on whom it is to be served;

   (b)   by leaving it at the usual or last known place of abode of that person;

   (c)   by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode or postal address;

   (d)   in the case of company, by delivering it to the secretary or clerk thereof at its registered or numbered office or by sending it in a prepaid registered letter addressed to the secretary or clerk of the company at that office; or

   (e)   if it is not practicable after reasonable enquiry to ascertain the name or address of a person to whom it should be given or delivered or on whom it should be served, as being a person having an interest in land, being the person to whom by the description of the person having that interest in the premises (naming those premises) to which it relates, or by delivering it to some person on the premises or, if there is no person on the premises to whom it can be addressed, by affixing a true copy of it to some conspicuous part of the premises.

50.   Distribution licensee may discontinue supply for non-payment, etc.

   (1) A licensee shall not vary or discontinue a supply which is required to be constantly maintained except—

   (a)   for causes beyond the control of the licensee; or

   (b)   where the consumer has failed to pay charges lawfully due in accordance with the conditions of supply or any written law, as the case may be; or

   (c)   where the consumer has failed to comply with the conditions of supply or any written law and failed to remedy his default within seven days of receiving written notice from the licensee calling upon him to do so.

   (2) A licensee may temporarily vary or discontinue a supply of electricity under subsection (1)—

   (a)   without prior notice to a consumer likely to be affected—

      (i)   where such action is necessary to prevent danger to life or damage to property;

      (ii)   in any emergency, from whatsoever cause arising, to ensure the proper working of the licensed activity or of any other licensed activity with which it is interconnected;

      (iii)   by the automatic operation of a protective device installed to disconnect supply of electricity in fault conditions; or

      (iv)   by the automatic or hand operation of a device installed to disconnect a supply of electricity in terms of the conditions or agreement to supply; or

   (b)   on giving not less than twenty-four hours notice—

      (i)   for the purposes of making alterations or additions to a system;

      (ii)   for normal maintenance work; or

      (iii)   for testing a device referred to in paragraph (a) (iii) or (iv).

51.   Right of appeal to the High Court

   (1) Any person aggrieved by the decision or action of the Authority under this Act may appeal to the High Court by way of petition and lodged within three months from the date of the decision or action of the Authority.

   (2) The Chief Justice may make such rules as he considers proper in relation to the procedure on the hearing of such appeals, including the appointment and remuneration of assessors and regulating the costs of the appeal.

52.   By-laws, rules, codes and guidelines

   (1) The Authority may make by-laws, rules, codes and guidelines to give effect to this Act or for its better administration.

   (2) The by-laws, rules, codes and guidelines to be promulgated by the Authority under subsection (1) for distribution licensees shall apply to rural electrification schemes.

53.   Repeal and savings

   (1) Subject to subsection (2), the Electricity Act is hereby repealed.

   (2) Anything done in accordance with the Electricity Act repealed by subsection (1), prior to the commencement of this Act and which may be done in accordance with the provisions of this Act shall be deemed to have been done in accordance with this Act.

   (3) Any subsidiary legislation made or deemed to have been made under the Electricity Act, repealed by subsection (1) in force immediately before the commencement of this Act—

   (a)   shall remain in force, unless in conflict with this Act, and shall be deemed to be subsidiary legislation made under this Act; and

   (b)   may be replaced, amended or repealed by subsidiary legislation made under this Act.

   (4) All licences issued by the Electricity Council in accordance with the Electricity Act repealed by subsection (1), prior to the commencement of this Act, if not in conflict with the provisions of this Act, shall be deemed to be licences granted by the Authority in accordance with this Act.

SUBSIDIARY LEGISLATION

ELECTRICITY BY-LAWS

ARRANGEMENT OF BY-LAWS

   BY-LAW

PART I
PRELIMINARY PROVISIONS

   1.   Citation

   2.   Interpretation

PART II
LICENSING

   3.   Licence application fees

   4.   Objects of licensing system

   5.   Applications

   6.   Advertising

   7.   Objections

PART III
INSTALLATION PERMITS

Division 1—The committee

   8.   Establishment of Committee

   9.   Rules and procedures

   10.   Permit required

   11.   Meetings of the Committee

   12.   Technical qualifications

   13.   Types of permit

Division 2—Application for Permit

   14.   Application for permit

   15.   Companies and organisations

   16.   Conditions to be satisfied

   17.   Voting

   18.   Grant of permit

   19.   Cancellation of permit

   20.   Obtaining information

PART IV
SUPPLY AND QUALITY OF SERVICE

Division 1—Supply

   21.   Declared method of supply to consumers

   22.   Licensee to provide constant supply

   23.   Licensee may lessen or discontinue supply

   24.   Licensee shall not permanently connect

   25.   Disconnexion of works in certain circumstances

   26.   Protection of telegraph lines

   27.   Inspection and testing

   28.   Availability of By-laws

Division 2—Construction of licensee’s or private owner’s works

   29.   Design and protection of works

   30.   Switch gear

   31.   Fuses

   32.   Automatic circuit breakers

   33.   Joints and connexions

   34.   Isolating and protective devices

   35.   Switchboards

   36.   Building for electrical purposes

   37.   Outdoor substations

   38.   Earthing of metal-work

   39.   Earthing of consumer’s installation

   40.   Earth electrodes

   41.   Leakage to earth

   42.   Arc-suppression coils

   43.   Service lines on consumer’s premises

   44.   Construction and installation of cables

   45.   Metallic protection for high-voltage cables

   46.   Identification of neutral conductor, cable labeling and insulation test

Division 3—Standards of measurement

   47.   Fundamental electrical units

   48.   Derived electrical units

   49.   Measurement of electricity

Division 4—Quality of Service and Supply Standards

   50.   Quality of service and supply standards

PART V
SAFETY CODE RULES

Division 1—Application of Part

   51.   Application of this Part

Division 2—General Provisions

   52.   Information and instruction

   53.   Variation

   54.   Special procedures

   55.   Objections

   56.   Accident and dangerous occurrences

   57.   Duties

   58.   Safety equipment and protective clothing

   59.   Electric shock

Division 3—General Safety Precautions

   60.   Access to work in operational premises

   61.   Vessel containing flammable substance

   62.   Work in fire protected areas

   63.   Work on poles, towers and high structures

   64.   Access to high-voltage apparatus and conductors

   65.   High-voltage switching

   66.   Records

   67.   Failure of supply

   68.   Voltage testing devices

Division 4—Safety Precautions for Work on or near High-Voltage Systems

   69.   General requirements

   70.   Isolation of apparatus and conductors

   71.   Earthing

   72.   Approach to exposed live high-voltage conductors or insulators supporting them

   73.   Work in substations and switching stations containing exposed live high-voltage conductors

   74.   Permit to work

   75.   Sanction-for-test

   76.   Procedure for temporary withdrawal or suspension

   77.   Limitation

Division 5—Safety Precautions and Procedures Applicable to Low-Voltage Systems

   78.   General

   79.   Requirements for work on dead low-voltage apparatus

   80.   Prosecutions for work on dead low-voltage cables

   81.   Precautions for work on dead low-voltage overhead lines

   82.   Work on live low-voltage apparatus and conductors

   83.   Precautions for work on live low-voltage cables

   84.   Precautions for work on live low-voltage overhead lines

   85.   Application of high-voltage rules to work on low-voltage apparatus and conductors

   86.   Testing and adjustment of low-voltage apparatus

PART VI
WIRING

Division 1—General

   87.   Administration of by-laws

   88.   Application of by-laws

   89.   Inspection of installations

   90.   Procedure for settling disputes

   91.   Prior notification to undertaker

   92.   Accommodation to be provided

   93.   Meter panels and connexions

   94.   Custody of licensee’s property

   95.   Disconnexion in certain circumstances

   96.   Connexion of neutral with earth

   97.   Protection of telecommunication

   98.   Guidance and instructions

   99.   Certificate of inspection and testing

Division 2—Construction of Consumer’s Installations

   100.   Design and mechanical protection

   101.   Electrical protection

   102.   Isolation and control position

   103.   Earthing of metal-work

   104.   Protection against earth leakage

   105.   Arc-suppression coils

   106.   Earthing of installation

   107.   Electrode boilers

   108.   Auto-transformers

   109.   Capacitors

   110.   Indoor substations

   111.   Outdoor substations

Division 3—Underground Cables

   112.   Construction and installation

   113.   Joints and connexions

   114.   Metalic protection of high-voltage cables

   115.   Identification and insulation test

Division 4—Overhead lines

   116.   Overhead lines

   117.   Constructional materials requirements

   118.   Minimum heights and insulation

   119.   Unmetered service lines

   120.   Overhead lines crossing railway tracks

   121.   Different voltages in proximity

   122.   Loading conditions and factors of safety

   123.   Periodic testing and inspecting

   124.   Danger notices

   125.   Unauthorised climbing of supports

Division 5—Protective multiple earthing

   126.   Provision of protective multiple earthing

   127.   Applications of protective multiple earthing

   128.   Limitations

   129.   Connexions at transformers

   130.   Use of cables

   131.   Use of overhead lines

   132.   Use of cables and overhead lines

   133.   Overall resistance

   134.   Neutral and earth conductor

   135.   Separate installations

Division 6—Private Generation and Supply

   136.   Application to private owner

   137.   Consumer and private owner

   138.   Liquid and gaseous fuel

   139.   Plant rooms

   140.   Protection of batteries

   141.   Installation of batteries

   142.   Labeling

   143.   Connecting private plant

   144.   Private owner to comply with relevant by-laws

Division 7—Offences

   145.   Offences and penalties

PART VII
CUSTOMER SERVICE

Division 1—Objectives

   146.   Objectives

Division 2—Customer Information and Education

   147.   Information and obtaining service

   148.   Billing and metering information

   149.   Modifications to tariffs, terms and conditions of service

   150.   Information on tariffs, terms and conditions of service

   151.   Information on customer usage

   152.   Information on service provider performance

   153.   Customer information programmes

Division 3—Customer service centres and customer complaints

   154.   Operation of a customer service centre

   155.   Information about customer service centres

   156.   Filing a complaint with a service provider

Division 4—Establishing a Service

   157.   Application process

   158.   Effect application

   159.   Confidentiality

   160.   Obligation to provide service and grounds for refusal

   161.   Notice of Refusal of service

   162.   Applicant’s recourse to the Authority

   163.   Commencement of service

   164.   System extensions

   165.   System extension or expansion cost refunds

Division 5—Treatment of Capital Contributions

   166.   Service provider to treat contribution as trust funds

   167.   Requirement to provide acceptable collateral

   168.   Payment before reconnexion

Division 6—Metering and Control Equipment

   169.   Installation

   170.   Access to metering equipment

   171.   Meter testing and accuracy

   172.   Obtaining meter data

Division 7—Service Quality and Continuity

   173.   Continuous service

   174.   Records of interruptions

   175.   Minimum service standards

Division 8—Customer Obligations and Rights

   176.   Obligations of the customer

   177.   Disconnexion of service

   178.   Situations in which disconnexion is prohibited

   179.   Disconnexion of service during dispute over a bill

   180.   Diagram and specifications

   181.   Electrical installation

   182.   Fault on electrical installation

   183.   Equipment to be provided by the customer

   184.   Charges in case of improper use

Division 9—Billing

   185.   Details on bills

   186.   Information on billing and payment history

   187.   Records retention

   188.   Adjustments for billing error

PART VIII
TARIFFS AND CHARGES

Division 1—Applications

   189.   Application

   190.   Objectives

Division 2—Tariff principles

   191.   General duties of licensee

   192.   Ring-fence accounting

   193.   Allowable assets, revenue and costs

   194.   Principles

   195.   Regulation of costs and investments

   196.   Licence conditions

   197.   Components of tariff computation

   198.   Automatic tariff adjustment formula

   199.   Special pricing agreements

PART IX
MISCELLANEOUS

   200.   Surcharges and levies

   201.   Licence fees

   202.   Register of licences

   203.   Information about installation

   204.   Discipline

   205.   Appeals

   206.   General offences and penalties

   207.   Annual fees

   208.   Transitional Arrangement

   Schedules

      First Schedule—Application fees

      Second Schedule—Application Forms

      Third Schedule—Minimum Section Clearance

      Fourth Schedule—Minimum Heights of Overhead Lines

      Fifth Schedule—Minimum Heights of Overhead Lines Crossing Railway Trucks

      Sixth Schedule—Fundamental Units

      Seventh Schedule—Minimum Section Clearance

      Eighth Schedule—Minimum Requirements For Protection of Private Generation

      Ninth Schedule—Minimum Distances Between Power Lines and Wayleaves

      Tenth Schedule—Quality of Service and Supply Standards

G.N. 11 of 2012.

ELECTRICITY BY-LAWS

unders s. 52

PART I
PRELIMINARY PROVISIONS

1.   Citation

   These By-laws may be cited as the Electricity By-laws.

2.   Interpretation

   In these By-laws, unless the context otherwise requires—

   “additional earth” means earthing equipment of an approved type, applied after the issue of a safety document;

   “applicant” in relation to a service, means a natural person or legal entity in the process of seeking to become a customer of a service provider;

   “apparatus” means any item of electrical machinery or equipment in which conductors are used or supported, or of which they form part;

   “auditor” means a person registered as an accountant or auditor in terms of the Public Accountants and Auditors Act;

    “authorised person” means an authorised person appointed by the licensee in writing to carry out specific operational duties;

   “billing error” means an error by a service provider resulting in incorrect charges to the customer—

   (a)   billing errors include—

      (i)   incorrect meter readings or clerical errors by a service provider representative, such as applying the wrong rate;

      (ii)   performing an incorrect calculation; or

      (iii)   failure by the service provider to send a bill to a customer;

   (b)   billing errors do not include—

      (i)   errors resulting from theft or unauthorised use, switched or mismarked meters by other than the service provider;

      (ii)   inaccessible meter location; or

      (iii)   failure of the customer to take advantage of a rate or condition of service that may apply;

   “business day” means any day other than Saturday, Sunday or a public holiday;

   “cable” means an insulated conductor or an assemblage of such conductors enclosed within a common sheathing;

   “caution notice” means a notice in writing conveying a warning against interference;

   “circuit main earth” means earthing equipment of an approved type, applied before the issue of, and at a position recorded in a safety document;

   “Committee” means the Electrical Installations Permits Committee established under these By-laws;

   “competent person” means a person appointed by a licensee in writing—

   (a)   having sufficient technical knowledge or experience to enable him avoid danger and who may be nominated to receive and clear specified safety documents; or

   (b)   being capable of installing electrical installations and of altering, extending and maintaining existing electrical installations;

   “complaint” means any communication by an applicant or a customer to a service provider alleging—

   (a)   the service provided by the service provider to be inadequate and in need of improvement;

   (b)   a breach of the contract, if any, under which the service provider provides electricity service to that customer; or

   (c)   a breach by the service provider of any applicable law;

   “conductor” means a bar, tube, wire or line used for conducting electricity;

   “customer installation” means the consumer’s electrical wiring together with any electricity consuming device connected with such installation;

   “control engineer” means—

   (a)   for the generation control centre, an engineer responsible for the operation of the generation equipment;

   (b)   for the Load Dispatch Centre, an engineer responsible for coordinating generation, transmission and supply operation; or

   (c)   for the Area Control Centre, an engineer responsible for the operation of the distribution systems in a designated area;

   “danger” means a risk to health, life or bodily injury;

   “danger notice” means a notice of durable material inscribed with the word “DANGER” in white letters at least 31 mm in height together with a red symbol, illustrating a skull and cross-bones, all on a red background;

   “dead” means disconnected from a live system and fully discharged;

   “designated engineer” means an engineer appointed by a licensee to be responsible for the application of these By-laws;

   “disconnexion notice” means a notice stating—

   (a)   in bold-face at the top of the notice: “Disconnexion Notice”;

   (b)   the date on or after which disconnexion will occur;

   (c)   that if the customer disputes the reason for disconnexion, the customer may file a complaint with the service provider and request that the Authority mediates or arbitrates the dispute between the customer and the service provider in the event that the customer remains unsatisfied with the service provider’s reason for disconnexion of service to the customer; and

   (d)   the address and telephone numbers of the Authority;

   “earth” means the conductive mass of the earth, whose electric potential at any point is conventionally taken as zero;

   “earthed and connected with earth” means connected with the general mass of earth in such manner as will ensure at all times an immediate and efficient discharge of electricity and cognate expressions shall be construed accordingly;

   “electrical inspector” means a person appointed in accordance with by-law 102;

   “electrical insolation work” means the installation, alteration or repair, wholly or partially, of any conductor, apparatus or system of wiring in or upon premises, connected or intended to be connected to a supply of electricity;

   “electrical installations person” means a person who carries out electrical installations work and holds a valid permit issued under these By-laws;

   “electric line” means a cable, overhead line or other equipment intended to be used for the purpose of conveying, transmitting or distributing electricity together with any casing, covering, tube, pipe or insulation surrounding or supporting the same, or any part thereof or any apparatus connected therewith for the purpose of conveying, transmitting or distributing electricity;

   “estimated system expansion cost” has the meaning given in by-law 179;

   “extra-low-voltage” means normal operating voltage not exceeding 30 volts alternating current or 50 volts direct current;

   “failing load” means a load on a support which, if exceeded will result in the conductor not being supported in accordance with these By-laws;

   “high-voltage” means voltage exceeding 650 volts AC;

   “high-voltage live line work” means work in an approved manner on the conductors or apparatus of a high-voltage overhead line, with the conductors being live;

   “immediate supervision” means supervision by a person, having adequate technical knowledge, experience and competence, who is continuously available at the location where work or testing is in progress and attends the work area as is necessary for the safe performance of the work or testing;

   “insulated conductor” means a conductor covered with insulation suitable for the normal operating voltage;

   “insulation” means non-conducting material rounding, or supporting a conductor or any part thereof;

   “isolated” means disconnected from an associated plant, apparatus or conductor by an isolating device in the isolating position or by adequate physical separation with sufficient gap;

   “isolating device” means a device for rendering plant and apparatus isolated;

   “key-safe” means an approved type of device used for the secure retention of keys;

   “Licensed Activity” means an activity for the generation, distribution, transmission, import or export of electricity for which a licence is intended to be or has been granted under the Act;

   “limitation-of-access” means a safety document that defines the limits and nature of work that may be carried out from the ground level in high voltage substations or when verbal instructions are not considered sufficient for that purpose, and where a permit-to-work or sanction-for- test is not applicable on medium voltage network;

   “live” means electrically charged;

   “line conductor” means a conductor of an overhead line;

   “low-voltage” means normal operating voltage exceeding 30 volts AC or 50 volts direct current but not exceeding 250 volts;

   “main” means an electric line through which electricity is supplied or is intended to be supplied by the service line;

   “medium-voltage” means normal operating voltage exceeding 250 volts but not exceeding 650 volts;

   “metal armouring” means a metal wire or a metal type completely covering a cable and manufactured as an integral part of the cable;

   “metal sheathing” means a continuous and water tight metal sleeve surrounding a cable and manufactured as an integral part of the cable;

   “metal-work” means any metal-work other than—

   (a)   a conductor and its associated live parts; or

   (b)   an earth conductor;

   “overhead line” means a conductor erected above ground and in the open air and includes any pole-mounted substation or switch gear associated therewith;

   “permit” means a permit issued under these By-laws;

   “perm it-to-work” means a safety document specifying the high-voltage apparatus made safe to work on and the work that is to be carried out;

   “personal supervision” means supervision by a person having adequate technical knowledge, experience or competence such that he is always in the presence of the person being supervised while the work or testing is being carried out;

   “plant” means a mechanical plant including all machinery and equipment not elsewhere defined as apparatus;

   “pole mounted substation” means transformer equipment, high-voltage switch gear or high-voltage apparatus mounted on a support and associated with the operation and control of an overhead line;

   “private owner” means—

   (a)   a person producing electricity for own use and not for sale; and

   (b)   a person who generates electricity for own use and in these By-laws, where the context admits, licensee includes a private owner;

   “protective multiple earthing” means more than one connexion with earth in accordance with these By-laws;

   “ring-fence” means the keeping of separate accounting records in respect of a licensed activity so that revenue and cost, assets and liabilities, reserves and provisions of or reasonably attributable to the licensed activity are separately identifiable in the books of the licensee from those of any other activity, business or operations of the licensee;

   “safety distance” means the distance from the nearest high-voltage exposed conductor not earthed, or from an insulator, supporting a high-voltage conductor which must be maintained to avoid danger;

   “safety document” means a limitation of access, permit-to-work or sanction-for-test;

   “safety lock” means a device, for instance a padlock, used exclusively for approved purposes, such as locking off the points at which the circuit can be energized, and different from all other standard locks used in systems;

   “sanction-for-test” means a safety document specifying the high-voltage apparatus made safe for testing, and the conditions under which the testing is to be carried out;

   “senior authorised person” means an authorised person appointed in writing by a licensee, to carry out specific operational duties that may include authority to issue and cancel safety documents;

   “service cable” means the final cable provided by the service provider connecting to the service provider’s network;

   “service line” means an electric line through which electricity may be supplied or is intended to be supplied by the licensee to a consumer either from a mains or directly from the premises of the licensee;

   “service provider” means a person licensed by the Authority as a distributor of electricity;

   “special pricing agreement” means an agreement between a licensee who distributes electricity and a customer whereby the licensee, notwithstanding these By-laws, offers to the customer charges or tariffs lower than those approved by the Authority for that licensee;

   “supply terminals” means the end of a service line at which the supply of electricity is delivered from the said line to the consumer;

   “support” means a structure or pole for supporting an overhead line and includes any stay or strut associated therewith;

   “switching” means the operation of circuit breakers, isolators, disconnectors, fuses or other methods of making or breaking an electrical circuit or the application and removal of circuit main earths;

   “system” means an electrical system in which conductors and apparatus are electrically connected to a common source of supply;

   “system expansion” means an expansion of the capacity of a service provider’s network, including transformer upgrading, in order to connect more customers to an area served by the existing distribution network;

   “system extension” means an extension of a service provider’s existing electricity distribution system to an area not previously served by the service provider and shall not include a customer service cable;

   “tariff” means a price or schedule of prices for the supply and distribution of electricity to customers by a service provider as approved by the Authority;

   “terms and conditions of service” means, with respect to any particular service provider, the terms and conditions on which the Authority has authorised the service provider to sell electricity to its customers;

   “telecommunication” bears the meaning, as defined in the Communications Act;

   “telecommunication line” bears the meaning as defined in the Communications Act;

   “telecommunication lines protection” means standards to enforce section 40 (2) (b) of the Communications Act;

   “voltage” means—

   (a)   the electro-motive force existing between any pair of live conductors forming part of the common supply of electricity or between any part of either of such conductors and earth; and

   (b)   in the case of alternating current, means the virtual voltage or root-mean square value as determined by the square root of the mean value of the squares of the instantaneous values of the voltage during complete cycle;

   “working and access clearance” means the distance to be maintained from the nearest live exposed high-voltage conductor, to ensure observance of the safety distance in work on systems; and

   “working party” means—

   (a)    persons under the immediate supervision of a competent or senior authorised person and shall be a member of the working party; or

   (b)    a competent or senior authorised person when working alone.

PART II
LICENSING

3.   Licence application fees

   A person applying for issue, transfer, amendment or renewal of a licence shall pay the application fee specified in Part A of the First Schedule hereto.

4.   Objects of licensing system

   The objects of the licensing system are to promote—

   (a)   effective, reliable and appropriate systems of electricity supply;

   (b)   long-term sustainability of resources;

   (c)   efficiency and cost effectiveness;

   (d)   management of quality of supply and services;

   (e)   responsiveness to the interests of customers;

   (f)   justice, equity and transparency in the electricity supply industry;

   (g)   health and safety of persons;

   (h)   responsible protection of the environment;

   (i)   recognition and response to regional policies, objectives and developments: and

   (j)   responsiveness to customers, private, non-governmental and statutory institutions where to do so would support the purposes of the Act.

5.   Applications

   (1) An application for the issue, renewal, amendment or transfer of a licence shall be made in Form EA 1 for generation. Form EA 2 for transmission, import or export and Form EA 3 for distribution contained in Second Schedule hereto and shall be accompanied by the appropriate application fee in accordance with by-law 3 hereof.

   (2) Any person making an application shall, in so far as it is applicable to an application, include the following information in an application under paragraph (1)—

   (a)   the name, nationality and postal, physical and business address of the applicant, and in the case of an application for a transfer of a licence, this information shall be provided with regard to both the licensee and the proposed transferee;

   (b)   the type of application, namely an application for the issue, renewal, amendment or transfer of a licence;

   (c)   the type of activity to which the application applies, namely generation, transmission, supply, distribution, importation or exportation of electricity;

   (d)   in the case of an application for the issue or amendment of a licence—

      (i)   the proposed location of where the applicant intends to erect or alter plant;

      (ii)   a description, including a schematic layout, of the proposed plant which the applicant intends to erect or alter; and

      (iii)   a description, including a schematic layout, of the area within which the applicant intends to carry out the activities to be authorised under the licence;

   (e)   in the case of an application for the issue of a licence, a complete list of the standard tariffs which the applicant intends to charge, to be specified in the schedule of approved tariffs to be contained in the relevant licence; and

   (f)   in the case of the issue, renewal, amendment or transfer of a licence, an outline of the intended operational and business plan, unless such plan has already been submitted during a previous application and has not changed in which case such previous plan shall be attached;

   (g)   in the case of an application for a licence, an estimate of the expected income and expenditure during the first full year of operation and one additional year of the relevant activity to be carried on by the applicant under a licence;

   (h)   in the case of an application for the issue, amendment or transfer of a licence, copies of letters of recommendation as to the credit worthiness of the applicant or transferee from at least one local commercial bank and one reputable international bank;

   (i)   in the case of an application for the issue, amendment or transfer of a licence, a copy of the advertisement referred to in by-law 6 and a copy of the newspaper in which such advertisement was placed;

   (j)   in the case of application for amendment or transfer of licence, the reasons for such amendment or transfer shall be given;

   (k)   such other particulars the Authority may require in general or in the case of a particular type of or particular licence, or in terms of the Act or any subsidiary legislation made thereunder, in order to enable the Authority to make a decision on such application or on conditions to be imposed on a licence in terms of the Act.

   (3) The Authority shall not consider any application unless the Authority has received all the prescribed information.

6.   Advertising

   (1) An applicant applying for the issue, amendment or transfer of a licence shall submit an advertisement to that effect to the Authority which shall be advertised by the Authority at the cost of the applicant not more than fourteen (14) days prior to the submission of such application to the Authority.

   (2) An advertisement referred to in paragraph (1) shall be published in at least one daily newspaper circulating in Malawi.

   (3) The advertisement shall—

   (a)   specify the information required in terms of by-law 5 (2) (a), (b), (c) and (d) (i); and

   (b)   list the information required in terms of by-law 5 (2) (d) (ii) and (iii), (e), (f) and (g) and indicate clearly the physical address where such complete information can be inspected during normal business hours by any interested person.

7.   Objections

   (1) Any person desiring to object against an application advertised in terms of by-law 6 may, within a period of thirty (30) days after the date of the publication of an advertisement, lodge a written objection against such application with the Authority.

   (2) The objection, shall be lodged in Form EA 4 contained in the Second Schedule hereto, and the person objecting shall include the following information in the objection—

   (a)   his name, nationality, postal and physical address;

   (b)   a copy of the newspaper in which the advertisement was placed;

   (c)   the nature of his interest vis-a-vis the application; and

   (d)   his detailed reasons for the objection.

   (3) The Authority shall provide the applicant to whom the objection relates, a complete copy of the objection within seven (7) days of such objection being lodged with the Authority.

   (4) Where there has been no objection or where the Authority considers that the objections are not serious or that they can be adequately addressed in correspondence with the person objecting and the applicant, the Authority shall not call for public hearing but in all other cases the Authority shall call for a public hearing.

   (5) If no public hearing is to be held with regard to an application, the Authority shall give the relevant applicant at least fourteen (14) days to respond to the Authority in writing to an objection lodged in terms of this by-law.

PART III
INSTALLATION PERMITS

Division 1—The Committee

8.   Establishment of Committee

   (1) There is hereby established an Electrical Installation Permits Committee.

   (2) The Committee shall consist of the following members—

   (a)   two (2) persons representing the Authority who shall be Chairperson and Secretary, respectively;

   (b)   one (1) person representing the holders of a distribution and supply licences;

   (c)   one (1) qualified and practicing electrical engineer appointed by the Board of Engineers;

   (d)   one (1) person representing the National Construction Industry; and

   (e)   a recognized person from the renewable testing and training centre for renewable energies.

9.   Rules and procedures

   The Committee shall, with the approval of the Authority, make such rules and procedures as may, in the opinion of the Committee, be necessary for the performance of the Committee’s functions under these By-laws.

10.   Permit required

   (1) A person shall not practice as an electrical installations person unless he is in possession of a valid permit issued by the Authority.

   (2) A permit under these By-laws may be issued to an individual person or to a firm or a company, as the case may be:

   Provided that a permit issued to a company or a firm shall be on condition that the firm or company has in its employment a person who possesses a valid permit issued by the Authority.

   (3) A Permit issued to a firm or a company on account of an employee who possesses a permit ceases to be valid when that employee ceases to be employed by the firm or company.

   (4) No person holding a permit under these By-laws shall be used for purposes of application by a firm or a company unless such person is an employee of that firm or company.

   (5) A person employed by a company or firm may obtain a permit issued under these By-laws notwithstanding the fact that such company or firm is in possession of its own valid permit.

11.   Meetings of the Committee

   (1) The Committee shall meet at such times as the Committee may determine.

   (2) At any meeting of the Committee, three (3) members shall form a quorum.

12.   Technical qualifications

   (1) A person shall not be considered for a permit under these By-laws unless he possesses any of the following technical qualifications—

   (a)   a Degree from a recognized university in the relevant field of study;

   (b)   a Higher Technician’s Diploma from a recognized institution;

   (c)   an Ordinary Technician’s Diploma from a recognized institution;

   (d)   a City and Guilds Certificate;

   (e)   a Craftsman’s Certificate from a recognized institution;

   (f)   a Degree, Diploma or Certificate in the relevant field of renewable energy technologies from a recognized university or institution or other qualification acceptable by the Committee; or

   (g)   any other technical qualification recognized by the Committee.

   (2) The Committee shall use the qualifications under paragraph (1) and relevant experience to determine the class of permit which the Committee shall issue to each respective applicant.

13.   Types of permit

   (1) The Committee may, subject to such conditions as it may impose, issue any of the following types of permit—

   (a)   CLASS A for carrying out all and any kind of class of electrical installation work;

   (b)   CLASS B for carrying out electrical installation work of such medium value or complexity, including heavy low-voltage and simple high-voltage connexions up to 33 kV;

   (c)   CLASS C for carrying out electrical installation work of such small value including—

      (i)   installation in multi-storied building and other big buildings of complex design and commercial buildings; or

      (ii)   installation of light plants of up to a level of 400 volts;

   (d)   CLASS D for carrying out work restricted to any specialised class of electrical installation work, including—

      (i)   installation in residential premises not exceeding five (5) bedrooms; and

      (ii)   repairs on equipment of up to 240 volts;

   (e)   CLASS E for carrying out specialised fields such as—

      (i)   centralized cooling and refrigeration;

      (ii)   installation of generator sets;

      (iii)   solar systems and other renewable energy technologies; and

      (iv)   electrical installation systems and designs.

   (2) The Committee shall consider an application for a permit within a period of thirty (30) days from the date of application.

   (3) A permit issued under these By-laws may be renewed but shall not be transferable.

   (4) Subject to by-law 14, a permit issued under these By-laws shall be renewed annually on 31st December.

Division 2—Application For Permit

14.   Application for permit

   (1) An application for a permit shall be submitted in writing to the Committee and the permit shall be issued in the prescribed form and subject to such conditions as the Committee may determine.

   (2) Every person issued with a permit under these By-laws shall exhibit such permit at all times in his usual place of business.

   (3) Every person applying for a permit shall pay the permit fees specified in Part E of the First Schedule hereto.

15.   Companies and organisations

   (1) Every company or firm applying for a permit under these By-laws shall have amongst its staff persons qualified to be issued with Class A or B categories of permit and shall pay the permit fees specified in Part F of the First Schedule hereto.

   (2) Whenever a company or firm holding a licence under these By-laws does not have amongst its staff persons qualified to be issued with class A or B category of permit, the firm or company’s permit shall automatically be cancelled.

16.   Conditions to be satisfied

   Any person who applies to the Committee for a permit shall be required to satisfy the Committee—

   (a)   that he is at least eighteen (18) years of age and is a fit and proper person to conduct the business of electrical installations;

   (b)   that he has satisfactory knowledge of the latest edition of the rules and regulations and of all legislation applicable to the type of installation specified in the permit he is applying for;

   (c)   that he has made adequate provisions for the carrying out of his work and for the supervision of his staff;

   (d)   that he has suitable premises from which to conduct his business;

   (e)   that he has suitable instruments to enable him carry out the recognized tests on the type of installation to which his permit applies; and

   (f)   that in the case of renewal of a licence, the standard of work and the conduct of business have been satisfactory during the period of validity of the previous permit.

17.   Voting

   In the event of non-consensus among the members of the Committee when deciding whether to grant a permit or not, the matter shall be decided by a majority vote, taken at a meeting at which at least two-thirds (2/3) of all the members are present.

18.   Grant of permit

   The Committee shall make recommendation to the Authority which permit to grant to an applicant and the Authority shall issue the said permit to the applicant.

19.   Cancellation of permit

   (1) The Committee may, at any time, refuse to grant or renew a permit or cancel a permit if it is satisfied that the person has failed to comply with any conditions contained in these By-laws.

   (2) In case of refusal to grant a permit or cancellation of a permit, the Committee shall request the applicant concerned in writing, to appear in person or by representation, before the Committee and show cause why the Committee should not exercise its power under paragraph (1) of this by-law.

20.   Obtaining information

   In order to obtain any information and to carry out any inspection as provided under these By-laws, the Committee may, at its direction, request any person to carry out any such inspection or tests as it may require and to furnish a report of such inspection to the licensee.

PART IV
SUPPLY AND QUALITY OF SERVICE

Division 1—Supply

21.   Declared method of supply to consumers

   (1) Subject to paragraph (4), before giving a supply of electricity to a consumer, a licensee shall declare, in writing, to the consumer the standard type of current and number of phases, the standard frequency and the standard voltage at which the licensee proposes to deliver the electricity to the supply terminals.

   (2) Subject to paragraph (4), for the purposes of paragraph (1)—

   (a)   the standard type of current and number of phases shall be alternating current, one or three phases;

   (b)   the standard frequency shall be fifty (50) cycles per second;

   (c)   the standard voltage shall be—

      (i)   230 volts phase to neutral for a single-phase supply; or

      (ii)   400 volts phase to phase for three-phase supply.

   (3) A licensee shall constantly maintain the standards referred to in paragraph (2) (a), (b) and (c), subject to a permissible variation—

   (a)   of frequency, between a lower limit of 48.75 cycles per second and an upper limit of 51.25 cycles per second;

   (b)   of voltage of plus or minus six per centum (6%) of the voltage stated in paragraph (2) (c).

   (4) A licensee may depart from paragraph (1), (2) or (3), with the approval of the Authority—

   (a)   by agreement with a consumer to whom it is intended to give an individual supply of electricity from a distributing main to be used solely for the purposes of that one consumer;

   (b)   by agreement with each consumer, in a group of consumers to whom it is intended to give a supply of electricity from a common distributing main for the group;

   (c)   in giving a supply of electricity at high-voltage in accordance with a published tariff; or

   (d)   in giving a special supply of electricity for purposes outside the terms of the licensee’s published tariffs:

   Provided that a departure made in accordance with this paragraph to a consumer shall not adversely affect any other consumer.

   (5) Before giving a supply of electricity to a consumer in accordance with paragraph (4), the licensee shall declare, in writing, to the consumer the type of current and, if alternating current, the number of phases and frequency and the voltage at which he proposes to deliver the electricity to the supply terminals.

   (6) Where a supply of electricity is given in accordance with paragraph (4) a licensee shall constantly maintain supply as declared in paragraph (5), subject to a permissible variation—

   (a)   of frequency, if alternating current, not exceeding two and a half per centum (2½%) above or below the declared frequency;

   (b)   of voltage, not exceeding six per centum (6%) above or below the declared voltage where the special agreement for the supply stipulates a different permissible voltage variation.

   (7) Before giving a bulk supply of electricity to another licensee for redistribution, the licensee supplying the electricity shall declare in writing to the licensee receiving the electricity the type of current and, if alternating current, the number of phases and frequency and the voltage at which it is proposed to deliver the electricity:

   Provided that where the bulk supply is alternating current intended for redistribution to consumers to whom paragraphs (1), (2) and (3) apply—

   (a)   the declared frequency shall be fifty (50) cycles per second which shall be constantly maintained subject to the permissible variations set out in paragraph (3) (a);

   (b)   any limits to voltage variation agreed between the two (2) licensees, with the approval of the Authority, shall be such as will not adversely affect any consumer in respect of paragraph (3) (a).

   (8) Except for causes beyond the control of the licensee and subject to paragraph (7) —

   (a)   any permissible variation provided for in this by-law to a declared frequency of fifty (50) cycles per second shall be compensatory adjusted to give a mean frequency of fifty (50) cycles per second as far as practicable in each continuous period of twenty-four (24) hours;

   (b)   any permissible variation provided for in this by-law to a declared voltage may be exceeded during control operations on the system for a period not longer than ten (10) consecutive minutes.

   (9) Subject to the terms and conditions of a contract of supply between a licensee and a consumer, nothing provided under this by-law shall prevent the licensee and the consumer, by agreement, to terminate the contract of supply made in accordance with paragraphs (1), (2) and (3) and substituting therefor a new contract of supply made in accordance with paragraphs (4), (5) and (6), or vice versa provided that no other consumer is adversely affected by such substitution.

22.   Licensee to provide constant supply

   (1) Subject to paragraph (2), from the time a licensee begins to supply electricity through a distributing main or service line, he shall maintain a supply of electricity in terms of the agreement, sufficient for the use of each consumer entitled for the time being to be supplied therefrom and that supply shall be constantly maintained to each consumer without change—

   (a)   in the declared method of supply set out in by-law 21 except as provided for therein;

   (b)   in the relationship between the neutral conductor and earth or between the neutral conductor and any phase conductor;

   (c)   in the phase rotation, except by agreement in writing between a licensee and a consumer with the approval of the Authority provided that no other consumer is adversely affected thereby.

   (2) A licensee shall not lessen or discontinue a supply which is required to be constantly maintained in accordance with paragraph (1) except—

   (a)   for causes beyond the control of the licensee;

   (b)   where the consumer has failed to pay charges lawfully due in accordance with the conditions of supply or any written law, as the case may be;

   (c)   where the consumer has failed to comply with the conditions of supply or any written law and failed to remedy his default within seven (7) days of receiving from the licensee a notice calling upon him to do so; or

   (d)   where required or permitted by the provisions under these By-laws.

23.   Licensee may lessen or discontinue supply

   (1) A licensee may temporarily lessen or discontinue a supply of electricity referred to in by-law 22—

   (a)   without prior notice to a consumer likely to be affected—

      (i)   where such action is necessary to prevent danger to life or damage to property;

      (ii)   in any emergency, arising from whatsoever cause, including any political cause, to ensure the proper working of the licensee or any other undertaking with which it is interconnected;

      (iii)   by the automatic operation of a protective device installed to disconnect a supply of electricity in faulty conditions;

      (iv)   by the automatic or hand operation of a device installed to disconnect a supply of electricity in terms of the conditions or agreement to supply;

   (b)   on giving not less than twenty-four (24) hours notice—-

      (i)   for the purposes of making alterations or additions to a system;

      (ii)   for normal maintenance work; or

      (iii)   for testing a device referred to in sub-paragraph (a) (iii) or (iv) above.

   (2) A licensee shall resume the normal supply of electricity as soon as it is safe and expedient to do so after the temporary lessening or discontinuance referred to in paragraph (1).

   (3) The notice required in accordance with paragraph (1) (b) shall state the period during which the supply may be affected and shall—

   (a)   be served on all affected consumers;

   (b)   be published in a newspaper circulating in the area affected; or

   (c)   be announced on radio operating in the area affected.

   (4) In temporarily lessening or discontinuing a supply of electricity in the circumstances set out in paragraph (1) (a) (ii), a licensee, unless all his consumers are affected thereby, may select which consumer or group of consumers shall have lessened or continued supply.

24.   Licensee shall not permanently connect

   (1) A licensee shall not permanently connect a consumer’s installation or part thereof with his low-voltage or medium-voltage electric lines if he or a person authorised by him is aware that the connexion, if made, would cause a dangerous leakage of electricity from such installation or part thereof.

   (2) A licensee shall not permanently connect a consumer’s installation or part thereof with his high-voltage electric lines unless he or a person authorised by him is satisfied that the high-voltage portion of the consumer’s installation is of a standard of construction and safety not less than that required for a licensee’s high-voltage works in accordance with these By-laws.

25.   Disconnexion of works in certain circumstances

   (1) Every section of a licensee’s works, including cables and overhead lines, which is in such a faulty condition so as to cause or is likely to cause death or injury to any person or damage to any property and where the condition becomes known to the licensee or to a person authorised by him to operate the section, the licensee or the duly authorised person shall disconnect from the supply of electricity immediately and shall not reconnect it until the faulty condition of the section is remedied.

   (2) Every section of a licensee’s works, including cables and overhead lines, which because of a faulty condition, is causing interference with the use of a telegraph line and where the faulty condition becomes known to the licensee or to a person authorised by him to operate the section, the licensee or the dully authorised person shall disconnect from the supply of electricity and shall not reconnect it until the faulty part of the section is remedied.

   (3) Nothing provided under paragraph (1) or (2) shall prevent a licensee from temporarily reconnecting a section referred to therein to a supply of electricity for testing purposes where such temporary reconnexion can be made without risk to life or property.

26.   Protection of telegraph lines

   A licensee shall comply with the Communications Act in regard to protection of telegraph lines where—

   (a)   a cable laid by him crosses or is in close proximity to an underground telegraph line; or

   (b)   an overhead line installed by him crosses or is in close proximity to an overhead telegraph line.

27.   Inspection and testing

   (1) A consumer shall not be relieved of any liability or responsibility for inspecting, testing or maintaining, in a safe condition, his own installation by virtue of any obligation to inspect or test placed on a licensee.

   (2) For the purposes of by-law 24 (2) or by-law 25, a licensee may, in lieu of an inspection or test by himself or by a person authorised by him, accept from a consumer a certificate in approved form given on behalf of the consumer by an electrical installations person or competent person that the consumer’s installation or part thereof has been inspected and tested in a manner approved by, and with results satisfactory to, the licensee.

   (3) A consumer shall cause his electrical wiring to be tested every five (5) years and maintain and keep a record thereof until the next installation testing and the record shall indicate the particulars of the installations person who carried out the inspection and the work or repairs done, if any.

28.   Availability of By-laws

   A licensee shall keep a copy of these By-laws at each office, depot or service centre attached to his licensed activity.

Division 2—Construction of Licensee’s or Private Owner’s Works

29.   Design and protection of works

   (1) The works of a licensee shall—

   (a)   be sufficient in size and rating to perform their intended functions;

   (b)   be designed, constructed, installed and protected, where necessary, with such material and of such quality as to prevent danger;

   (c)   be specially designed and constructed or additionally protected where exposed to—

      (i)   the weather;

      (ii)   wet conditions;

      (iii)   vermin;

      (iv)   corrosion;

      (v)   flammable surroundings;

      (vi)   dust; or

      (vii)   explosive atmosphere,

so as to prevent danger from such exposure.

   (2) A licensee shall ensure that conductors and live parts, except as otherwise provided for in these By-laws are—

   (a)   where necessary, fully insulated and mechanically protected; or

   (b)   placed and safeguarded to prevent danger.

   (3) A licensee shall ensure that high-voltage conductors and high-voltage live parts, unless completely surrounded and protected by earthed metal, have the minimum section clearances set out in the Third Schedule hereto or are guarded by a protective barrier in order to prevent inadvertent touching or dangerous approach by a person standing on any floor-level, walkway, stairway or working platform.

30.   Switch gear

   A licensee shall ensure that a switch, fuse-switch, circuit-breaker or isolating link is—

   (a)   accurately adjusted to make and maintain good contact;

   (b)   provided with an operating handle which is insulated from the electrical conductors;

   (c)   arranged in such a way that it cannot accidentally reclose from the open position;

   (d)   arranged so as to make and break all live poles of the supply simultaneously, except in the case of fuses or where an isolating link is intended for use on a circuit not carrying load; and

   (e)   designed or constructed so that in breaking a live circuit an arc is not maintained.

31.   Fuse

   A licensee shall ensure that a fuse is designed, constructed, installed and protected in such a manner that—

   (a)   it effectively interrupts the circuit current under fault or abnormal overload conditions; and

   (b)   the fusible portion may be readily be removed or replaced without danger.

32.   Automatic circuit-breakers

   A licensee shall ensure that an automatic circuit-breaker is designed, constructed, installed and protected in such a manner that—

   (a)   it effectively interrupts the circuit current under fault or abnormal overload conditions;

   (b)   there is no danger from overheating or arcing or the scattering of hot oil when it operates; and

   (c)   where arranged for manual closing, the operating mechanism provides trip-free operation.

33.   Joints and connexions

   A licensee shall ensure that an electrical joint or connexion is designed, constructed, installed and protected in such a manner that—

   (a)   electrical conductivity is maintained satisfactorily;

   (b)   its insulation, where insulation is necessary, is suitable for the formal operating voltage; and

   (c)   its mechanical strength is suited to its location and environment.

34.   Isolating and protective devices

   (1) A licensee shall ensure that isolating and protective devices—

   (a)   for disconnecting all voltages from any part of a system; and

   (b)   starting and stopping every motor,

are provided to prevent danger.

   (2) Every part of a system shall be protected from excess current except a control or other circuit where such protection may be undesirable or unnecessary.

35.   Switchboards

   (1) A licensee shall ensure that a switchboard is designed, constructed, installed and placed in such a manner that the—

   (a)   parts which have to be handled or adjusted are readily accessible from the working platform; and

   (b)   measuring instruments and indicators are observable from such platform:

   Provided that where such handling, adjustment or observation is made from another position, such additional precautions as are necessary to prevent danger shall be taken.

   (2) A licensee shall ensure that a low-voltage or medium-voltage switchboard which has bare conductors normally exposed that they can be touched—

   (a)   is located in an area specially provided or be suitably fenced or enclosed; or

   (b)   has a working platform or passageway that has—

      (i)   a firm and even floor;

      (ii)   adequate means of access free from danger;

      (iii)   a clear head-room of not less than 2.12 metres; and

      (iv)   a clear width of not less than 1.2 metres measured from any bare conductor or a clear width of 2.43 metres between bare conductors arranged in switchboards on opposite sides of the same passageway.

36.   Building for electrical purposes

   (1) A building constructed by a licensee for the accommodation of any of his works shall—

   (a)   be substantially constructed and designed for its intended purposes;

   (b)   be arranged in a such manner to prevent, as far as practicable, access thereto except by a doorway or gateway;

   (c)   enclose the works in such a manner that they cannot readily be interfered with from outside;

   (d)   be ventilated, kept dry and made vermin-proof, as far as practicable;

   (e)   have fixed outside each entrance a notice of durable material inscribed with the word “DANGER” in white letters of at least 3.13 centimetres in height on a red background; and

   (f)   have fixed inside, printed instructions as to the proper first-aid treatment of persons suffering from electric shock.

   (2) Where the building referred to in paragraph (1) is below ground level, the licensee shall ensure that—

   (a)   it has adequate means of access by a door or trap-door with a staircase or ladder securely fixed and so placed that no live part of a system or conductor shall be within reach of a person thereon; and

   (b)   where a person is to be regularly employed therein and high-voltage is present, it has access referred to in sub-paragraph (a) by door and staircase only.

37.   Outdoor substations

   (1) Any part of a licensee’s works for the transformation, control, regulation or switching of electricity in the open air shall, except as otherwise provided for in these By-laws—

   (a)   be completely enclosed in a metal casing connected with earth at all points below a height of 3.0 metres from the ground;

   (b)   be mounted on the supports of an overhead line; or

   (c)   be enclosed by a fence not less than 1.8 metres in height fitted with a suitable anti-climbing device for the purpose of preventing access not authorised by the licensee.

   (2) A licensee shall ensure that a notice of durable material inscribed with the word “DANGER” in white letters of at least 3 centimetres in height on a red background shall be fixed to the metal casing, supports or fence referred to in paragraph (1) (a), (b) or (c).

38.   Earthing of metal-work

   (1) A licensee shall ensure that—

   (a)   metal-work attached to or forming part of a metal or reinforced concrete support and a metal transformer case or metal switch handle mounted thereon is connected with earth;

   (b)   metal-work attached to or forming part of a wooden support which is liable to become dangerous because of leakage across or failure of the insulation—

      (i)   is connected with earth if the metal-work is within 3 metres of the ground; or

      (ii)   where the metal-work is not connected with earth and is more than 3 metres above the ground, it has effective secondary insulation sufficient to withstand the voltage to earth.

   (2) Notwithstanding sub-paragraph (b), where a metal-work is mounted on a wooden support, a licensee shall ensure that—

   (a)   a metal transformer case together with its associated metal-work and a metal switch handle is connected with earth;

   (b)   a high-voltage switch is inserted in the operating rod between the switch handle and the switch insulator capable of withstanding the normal operating voltage where such switch handle is within 3 metres of the ground.

   (3) A licensee shall ensure that metal cradle or a stay-wire is—

   (a)   connected with earth; or

   (b)   has inserted insulation capable of withstanding the normal operating voltage.

   (4) A licensee shall ensure that a metal armouring or metal sheathing, except sheathing intended for use as a concentric neutral conductor at earth potential—

   (a)   is connected with earth;

   (b)   has earth continuity maintained by a separate earth conductor across any joint-box or terminal enclosure associated with the cable; and

   (c)   where the joint-box or enclosure referred to in sub-paragraph (b) is of metal and bonded thereto.

   (5) Save as otherw ise provided in these By-laws, the licensee shall ensure that any metal-work associated with or forming part of a licensee’s works, unless isolated from and not likely to come into contact with live parts or with earthed metal-work, is connected with earth.

39.   Earthing of consumer’s installation

   (1) Where a licensee provides protective multiple earthing in accordance with Part V, he shall, before supplying a consumer with electricity therefrom, interconnect with his own earthing arrangements the main earthing conductor of the consumer’s installation.

   (2) In any other case other than that set out in paragraph (1), a licensee may, before supplying a consumer with electricity, permit an interconnexion between his own earthing arrangements and the main earthing conductor of the consumer’s installation, subject to such conditions as the licensee considers necessary .

40.   Earth electrodes

   A licensee shall ensure that an earth electrode is installed in a way that no voltage gradient is maintained at ground-level which may cause danger to life.

41.   Leakage to earth

   A licensee shall ensure that where metal-work is earthed, the associated earthing system is designed, constructed and maintained in a way that any leakage resulting from contact of negligible resistance between a live conductor or live part and any metal-work connected with earth is sufficient to operate the protective device which is installed to make that conductor or part dead.

42.   Arc-suppression coil

   Nothing provided under by-law 41 shall prevent a licensee from using an arc-suppression coil inserted between the transformer or generator neutral and earth in such a manner as to ensure that in the event of a live conductor or live part coming into contact with earth or with any metal-work connected with earth an arc between that conductor or part and earth is immediately suppressed and the voltage of that conductor or part thereof is reduced to prevent, as far as reasonably practicable, the risk of accident therefrom.

43.   Service lines on consumer’s premises

   (1) A licensee shall ensure that a service line has a suitable fusible cut-out or cireuit-breaker as a protective device placed, as near as practicable, to the supply terminals on the consumer’s premises.

   (2) A protective device referred to in paragraph (1) shall be—

   (a)   supplied and installed by a licensee or, in the event of agreement between him and the consumer, by the consumer;

   (b)   of adequate rupturing capacity, suitably enclosed and of fire-resisting construction;

   (c)   placed at a position to be selected by the licensee after consultation with the consumer; and

   (d)   inserted in each live conductor and not in any neutral conductor permanently connected with earth.

   (3) Where supply of electricity is provided at high-voltage, a licensee shall make provision that—

   (a)   the protective device referred to in paragraph (1) can be isolated from the service line; and

   (b)   the consumer can cut off all voltage at or after the supply terminals without danger.

44.   Construction and installation of cables

   (1) A licensee shall ensure that a cable is fully insulated for the normal operating voltage and is of a type and construction and is laid or installed in a manner suited to its particular environment and shall take into account—

   (a)   by-law 29 (a), (b) and (c);

   (b)   the normal usage of the ground in which any part of it is to be laid; and

   (c)   any foreseeable risk of damage to the cable and danger to persons, property and to other electrical services, water, gas, sewerage and telegraph services, railways and constructional works at or below ground-level.

   (2) A licensee shall ensure that a component used with a cable is of a type and construction and is laid or installed in a manner suited to that cable and shall take into account—

   (a)   paragraph (1); and

   (b)   by-law 33 where a joint or connexion is necessary.

45.   Metallic protection for high-voltage cables

   (1) A licensee shall ensure that a high-voltage cable is laid or installed so that it is completely surrounded and protected by earthed metal as provided—   

   (a)   by its own metal sheathing or metal armouring; or

   (b)   by an extraneous metallic covering.

   (2) A licensee shall ensure that a joint, connexion or termination of a high-voltage cable is surrounded and protected by earthed metal.

   (3) Notwithstanding paragraph (1) or (2), the surrounding and protection by earthed metal referred to therein may be omitted in a power station, substation, switch-room or similar premises designed for electrical purposes:

   Provided that where it is omitted, the high-voltage cable, joint, connexion and terminal shall—

   (a)   have the section clearances required in accordance with by-law 29(3); or

   (b)   be guarded by a protective barrier to prevent inadvertent touching or dangerous approach by a person standing on a normal floor-level, walkway, stairway or working platform.

46.   Identification of neutral conductor, cable labeling and insulation test

   (1) A licensee shall ensure that a neutral conductor of a cable can, at its termination, be permanently identified so that it is readily and uniformly distinguishable from other conductors.

   (2) Where two or more cables forming part of different circuits terminate at adjacent positions, a licensee shall ensure that each circuit—

   (a)   is permanently labeled on its exterior or on its terminating box or component; or

   (b)   has other means of identification so that it is readily distinguish-able from other circuits.

   (3) A licensee shall ensure that a cable is subject to an insulation test after being laid or installed before being connected to a supply of electricity and that it is not connected if the connexion would result in an electrical leakage which might be a danger to persons or property.

   (4) A licensee shall ensure that no cable is permanently connected to a supply of electricity unless tests have been carried out—

   (a)   to ensure compliance with these By-laws; and

   (b)   to establish electrical continuity of conductors.

Division 3—Standards of Measurement

47.   Fundamental electrical units

   (1) The fundamental electrical units of measurement shall be—

   (a)   the ohm;

   (b)   the ampere; and

   (c)   the volt,

and the value of each is set out in Part I of the Sixth Schedule hereto.

   (2) Denominations of standards for the fundamental electrical units referred to in paragraph (1) are set out in Part II of the Sixth Schedule hereto.

   (3) Limits of accuracy attainable in the use of standards denominated in paragraph (2) are set out in Part III of the Sixth Schedule hereto.

48.   Derived electrical units

   The electrical unit for the measurement of electricity shall be the kilowatt-hour and the value of such unit shall be derived from the fundamental units referred to in by-law 62 and shall be set out in Part IV of the Sixth Schedule hereto.

49.   Measurement of electricity

   (1) The amount of electricity supplied by the licensee shall, except where otherwise agreed between the consumer and the licensee, with the approval of the Authority, be ascertained by means of an appropriate meter or meters supplied by the licensee.

   (2) In addition to a meter which may be placed upon the premises of a consumer to ascertain the amount of the supply, the licensee may place upon those premises such meter or other apparatus as may be desired for the purpose of ascertaining or regulating the amount of electricity supplied to the consumer, the number of hours during which the supply is taken, the maximum rate of supply taken by the consumer or any other quantity or time connected with the supply.

   (3) A meter used by a licensee for measuring a supply to a consumer of electricity in kilowatt/hours shall have permissible limits of error in registration not exceeding two decimal point five per centum (2.5%) above nor below a true and precise registration of kilowatt/hours.

Division 4—Quality of Service and Supply Standards

50.   Quality of service and supply standards

   (1) A holder of a transmission licence and every holder of a distribution licence shall comply with and adhere to the quality of service and supply standards set out in the Tenth Schedule hereto.

   (2) Persistent or gross breach of the standards referred to in paragraph (1) by a licensee may lead to suspension, amendment or cancellation of the licence by the Authority.

PART V
SAFETY CODE RULES

Division 1—Application of Part

51.   Application of this Part

   (1) This Part shall apply to electrical systems and to associated plant and apparatus under licensees’ or private owners’ ownership or control.

   (2) Rules, documents or procedures issued by other authorities or licensees may apply in accordance with management instructions, but where no such rules, documents or procedures have been issued, or if there is a conflict between such rules, documents or procedures with these By-laws, these By-laws shall prevail.

Division 2—General Provisions

52.   Information and instruction

   (1) Each licensee shall sufficiently inform and instruct its employees about the system, plant or apparatus affected by a particular operation or work, and the rules, procedures or documents which apply to such licensee’s operations.

   (2) A licensee shall, in addition to paragraph (1), furnish information to other persons not being its employees who are likely to be exposed to danger by the operations or work of the licensee, to such extent as may, in the licensee’s opinion be reasonably practicable.

53.   Variation

   The Authority may, in exceptional or special circumstances, vary these By-laws and issue additional guidelines to such extent as may, in the opinion of the Authority, be necessary to achieve the objectives of these By-laws.

54.   Special procedures

   A licensee shall ensure that work on or testing of apparatus, conductors or plant to which these By-laws are for special reasons not applicable, shall be carried out according to a special procedure, which shall adhere to the safety requirements prescribed under these By-laws.

55.   Objections

   (1) A person who receives instructions regarding the operation of or work upon a licensee’s systems and associated plant and apparatus shall, if he has an objection on safety grounds against the carrying out of such instructions, lodge the objection with the person issuing the instructions.

   (2) Where an objection has been raised under paragraph (1), the licensee or other concerned entity shall institute investigations into the merits of the objection and, if necessary, refer the matter to an immediate supervisor for a decision before proceeding with the operation or work.

56.   Accident and dangerous occurrences

   Every electrical accident and dangerous occurrence involving a licensee’s system shall be reported immediately to the appropriate control engineer who shall report to the designated engineer.

57.   Duties

   (1) A person engaged in the operations or work on electrical systems and associated plant and apparatus shall comply with these By-laws and other related rules and legal procedures relevant to his duties.

   (2) A person shall not neglect his duties on the ground that he is ignorant of the relevant legal requirements and procedures.

   (3) A person who has any doubts concerning duties shall report the matter to an immediate supervisor for advice before proceeding with the work.

58.   Safety equipment and protective clothing

   (1) Every licensee shall obtain and issue to its employees safety equipment and protective clothing which comply with the standards approved by the Authority.

   (2) Each employee working under circumstances requiring safety precautions shall wear appropriate protective clothing and foot wear or such other protective clothing, as may be necessary, having regard to the work that employee may be involved in.

59.   Electric shock

   (1) Every licensee shall train each person involved with the operation of or work upon the licensee’s system and associated plant and apparatus in the treatment of electric shock.

   (2) Every licensee shall provide each employee with a copy of these By-laws.

Division 3—General Safety Precautions

60.   Access to work in operational premises

   (1) No person shall, without authority, enter or have access to any operational premises such as a control room, substation, switching station or underground chamber belonging to or under the control of a licensee.

   (2) A barrier, door or gate restricting access to an underground chamber or other confined space, substation or tunnel shall be kept locked and the control of the keys shall be in accordance with approved procedure.

   (3) A person shall not enter or work in any indoor substation or confined space such as an underground chamber, tunnel, vessel, tank, pit, culvert or pipeline without the consent of a senior authorised person.

   (4) Where it becomes necessary for a person to enter and work in any of the places specified under paragraph (3), adequate safety precautions shall be taken against danger arising from toxic and flammable or abnormal temperature.

   (5) Safety precautions under paragraph (4) include—

   (a)   use of approved natural or forced ventilation or air conditioning;

   (b)   wearing approved breathing apparatus;

   (c)   testing the atmosphere using approved specialised equipment;

   (d)   prohibition of smoking and use of exposed flame; and

   (e)   posting a person outside such place to keep in constant touch with the person engaged in the work with appropriate rescue equipment, ready and capable of assisting in an emergency.

   (6) A person using the apparatus under paragraph 5 (b) shall be specially trained in its use.

   (7) Before a person enters an area under this by-law, he shall be issued with a limitation-of-access, and the arrangements for access and work and the precautions to be taken shall be in accordance with approved procedures.

61.   Vessel containing flammable substance

   (1) A person shall not smoke or expose a flame near any flammable substance.

   (2) A person shall not engage in work involving application of heat unless that person has taken all practical precautions to prevent a fire or explosion. The prevention of fire or explosion shall be by removal of the flammable substance and any fumes, or by rendering them non-explosive and non-flammable.

   (3) A person shall not enter a vessel that has recently been emptied of oil or other flammable or toxic substance unless a senior authorised person is satisfied that all dangerous vapours have been expelled, and a limitation-of-access has been issued.

62.   Work in fire protected areas

   (1) Unless alternative approved safety procedures apply because of special circumstances, before access or work is carried out in an enclosure protected by automatic fire-extinguishing equipment—

   (a)   the automatic control shall be rendered inoperative and the equipment left on manual control, and a caution notice attached;

   (b)   the precautions taken to render the automatic control inoperative and the conditions under which it may be restored shall be noted on a safety document or written instruction issued for such access or work or other activity; and

   (c)   the automatic control shall be restored immediately after the persons engaged in the work have withdrawn from the enclosure.

   (2) Only approved portable fire-extinguishers shall be made available and shall be the only extinguishers to be used near live apparatus and conductors.

   (3) In the handling of fire-extinguishers, the safety distances specified in by-law 87 shall be maintained.

   (4) After the discharge of a portable fire-extinguisher in an enclosed space, personnel shall leave the space until the precautions specified in by-law 76 (3) have been taken.

   (5) After an explosion, fire or discharge of a fire-extinguisher in an enclosed space, the space shall be adequately ventilated before any person enters it.

63.   Work on poles, towers and high structures

   (1) A person shall not climb any pole unless that pole has been tested in a manner approved by the Authority and climbing and descending a pole shall be by approved means and methods.

   (2) A person shall not climb a pole which is impaired by decay or damage, or whose stability is in doubt until that pole has been supported by approved means.

   (3) Where a pole is supported as provided under paragraph (2), the pole shall be climbed by one person at a time or access to its top may be by other approved means independent of the pole.

   (4) A person gaining access to work on a tower, pole or other high structure shall use safety belts, harnesses or other safety equipment of an approved type.

   (5) A person working on a tower, pole or other high structure shall be in visual range of another person who shall be fully conversant with approved rescue procedures.

   (6) Every gate or device to prevent climbing of towers and gantries supporting high-voltage conductors shall always be kept secured in an approved manner, and access shall be controlled by a senior authorised person or an authorised person in receipt of an appropriate safety document.

64.   Access to high-voltage apparatus and conductors

   (1) Guards to an access ladder, barrier, door or gate on or in an outdoor compound preventing access to a live high-voltage conductor shall be kept secured in an approved manner, and access to them shall be according to approved procedure.

   (2) Any barrier, door or gate preventing access to a totally enclosed chamber, cubicle or cell containing live high-voltage conductors shall be kept locked and the keys shall be accessible only by a senior authorised person.

   (3) Any spout shutter not required for immediate work or operation shall, if the spout is otherwise made accessible, be locked and the key accessible only by a senior authorised person.

65.   High-voltage switching

   (1) High-voltage switching shall not be carried out by any person other than an authorised person, a senior authorised person or by remote control directed by a control engineer.

   (2) Notwithstanding paragraph (1), an authorised person may, for the purpose of training and acting under the personal supervision of a senior authorised person, carry out high-voltage switching.

   (3) Except in cases of emergency, high-voltage switching shall not be carried out without the authority of the appropriate control engineer.

   (4) When a control engineer gives authority for high-voltage switching to be carried out, he shall communicate directly with the person intending to carry out the switching, and where for special reasons direct communication is not possible, an approved procedure shall be followed.

   (5) Before any high-voltage switching is carried out on any system that may affect another system, the control engineer authorizing the switching shall communicate with the control engineer of the other system and the switching shall be agreed between them and recorded in the respective control books of all control engineers concerned.

   (6) Where high-voltage switching is to be carried out for issuing a safety document and there are two or more control functions involved, in the absence of a standing agreement for such matter, the control engineers concerned shall—

   (a)   agree on the person to be in control of the part of the system in the isolated state and to be responsible for giving consent to the issuing of a safety document; and

   (b)   such agreement between the control engineers shall be recorded in the respective control log books by each control engineer.

   (7) Where there are special requirements to be complied with before, during or after high-voltage switching operations, approved procedures shall apply and special provisions shall be made to ensure that the control engineers, the operators and others affected are aware of their responsibilities.

   (8) High-voltage switching with the control engineer’s authority shall be carried out without undue delay and all such switching or switching in emergency, shall be reported to the control engineer as soon as possible. For emergency switching, the circumstances demanding such switching shall be reported at the same time.

   (9) If a switch gear shows any sign of distress, the operator shall report its condition to the control engineer who shall in turn report to a higher authority in order to have it examined before taking a decision about further operation.

   (10) An operator shall, while operating a switching gear mounted on a pole or other structure from ground level where necessary, wear rubber gloves or use other approved equipment.

   (11) A person shall not undertake switching or work on high-voltage equipment by signal or pre-arranged understanding after an agreed interval of time.

66.   Records

   (1) Even message by telephone or otherwise relating to the operation of a high-voltage system shall be recorded down and shall be read back to the sender to ensure that it has been accurately received.

   (2) A control engineer shall ensure that a record is made of the time and particulars of all high-voltage switching including that carried out by the control engineer by remote control.

67.   Failure of supply

   (1) A failure of supply to or from any part of a high-voltage system from whatever cause, shall immediately be reported to the control engineer.

   (2) During a failure of supply, all apparatus and conductors shall be regarded as live unless they are isolated and proved dead by approved means.

68.   Voltage testing devices

   (1) Voltage testing devices shall be of an approved type and shall be used in accordance with approved procedures.

   (2) Voltage testing devices shall be tested in an approved manner immediately before and after use and where this is not practically possible, in accordance with other approved procedures.

Division 4—Safety Precautions for work on ro near high-voltage systems

69.   General requirements

   (1) Subject to the exceptions specified in this by-law and those expressly allowed by individual rules, a person shall not undertake any repair, maintenance, cleaning, alteration or such work, on or within the safety distance of an exposed conductor, part of a high-voltage system distance of an exposed conductor or part of a high-voltage system unless such parts of the system are—

   (a)   dead;

   (b)   isolated and all practicable steps taken to lock off from all points of supply, including voltage and auxiliary transformers, common earthing equipment and other sources from which the apparatus and conductors may become live, with caution notices fixed at all points of isolation;

   (c)   earthed by approved means at all points of disconnexion of high-voltage supply from the system or between such points and the point of work;

   (d)   screened where necessary to prevent danger, and danger notices are attached to apparatus containing live conductors and attached near other live conductors;

   (e)   identified at the point of work by approved means; and

   (f)   released for work by the issue of an appropriate safety document that shall not be issued unless such person is fully conversant with the precise parts of the systems, apparatus and conductors to be worked upon, the nature and extent of the work to be done and the safety precautions to be taken.

   (2) It is the duty of the person issuing the appropriate safety documents to ensure compliance with the provisions of paragraph (1).

   (3) Notwithstanding the provisions of paragraph (1)—

   (a)   work such as cleaning and painting of earthed metal enclosures, connexions or disconnexions of circuits to or from live high-voltage systems, live line testing and live insulator washing may be carried out but only according to approved procedures;

   (b)   as a safeguard for personnel carrying out cleaning and painting works on substations, the system diagram in the appropriate local office shall be marked to show the work locations;

   (c)   high-voltage live line on high-voltage overhead lines may be carried out but only according to approved procedures; and

   (d)   where the design of apparatus does not allow strict compliance with all the requirements in paragraph (1) and if an operational procedure for carrying out the work does not exist, the work shall be carried out—

      (i)   in accordance with special instructions issued by an authorised person to ensure that safety is achieved; and

      (ii)   under the personal supervision of the authorised person, with the control engineer kept informed of the circumstances.

70.   Isolation of apparatus and conductors

   (1) Isolation or reconnexion of high-voltage apparatus or conductors shall not be initiated except with the sanction of the control engineer.

   (2) Safety locks shall be used to lock all switch gears at points where the circuit on which work is to be carried out is likely to be energized and the keys for such locks shall be kept in a key safe, if provided, or in some other safe place under the control of an authorised person.

   (3) Safety locks shall be fitted to the switch gear at all points of isolation immediately following the sectionalisation of defective apparatus.

   (4) Details of the isolation referred to in paragraph (1) and the deposit of safety lock keys associated with the isolation shall be recorded by the Control Centre.

   (5) Where the circuit on which work is to be carried out is controlled only by fuses or links, the fuses or links (and carriers) shall—

   (a)   be removed and kept in a safe place preferably in the possession of the person responsible for issuing the safety documents;or

   (b)   where such removals are not practicable approved procedures to ensure safety shall be followed.

   (6) When the mechanical isolation of a voltage transformer involves physical difficulty in withdrawal to achieve total high-voltage isolation, the withdrawal of the voltage transformer, secondary fuses or links may be accepted as isolation, and fuses or links so withdrawn shall be kept in a safe place in the possession of the person responsible for issuing the safety document and caution notices shall be fixed at all points of isolation.

71.   Earthing

   (1) Where high-voltage apparatus or conductors are to be discharged and earthed in accordance with by-law 84 (1), the discharging and earthing shall be done when reasonably practicable, by using a circuit-breaker or earthing switch provided for the purpose of making the earthing connexion, and where a circuit-breaker is used, the trip feature shall be rendered inoperative before closing and unless this is not practicable it shall then be done afterwards. After closing, the circuit-breaker or earthing switch shall be locked in the earthed position, so that it remains inoperative while it is in the circuit main earth.

   (2) Where circuit-breaker is used to make the earth connexion, the operation of closing to earth shall be carried out locally and SCADA shall not be used for this purpose.

   (3) Where sub-paragraph (1) is not reasonably practicable or not applicable, the high-voltage apparatus and conductors shall be checked by means of an approved testing device to verify that they are not live, and may then be discharged and earthed by an earthing lead applied by means of an approved earthing appliance.

   (4) Where work is carried out on an overhead system to which a consumer remains connected, a circuit main, earth shall be provided and maintained between that consumer and the point of work.

   (5) Due to the possibility of low-voltage and high-voltage inversions such as those from customers’ generation, care shall be taken when using earthing lead following a test with the conductor to verify that the circuit is not live, and one conductor shall be earthed and subsequent tests carried out to verify that the remaining conductors are not live before applying an earth to them.

   (6) Earthing leads and associated clamps shall be of an approved type and of adequate capacity for duty at the point of application, and shall be adequately maintained and always examined immediately before use.

   (7) Subject to paragraph (1), the general procedure to be followed when using earthing leads shall be as follows—

   (a)   the circuit shall be verified that it is not live and where practicable, checked by means of an approved voltage testing device or other approved means;

   (b)   the circuit shall be verified that it is not live and, where practicable, checked by means of an approved earthing pole or other approved appliance and care shall be taken to ensure that good contact is made and that earthing leads are clearly visible;

   (c)   earthing leads shall be connected to earth before being connected to the phase conductors and shall only be connected to the phases by means of an approved earthing pole or other approved appliance. Care shall be taken to ensure that good contact is made and that earthing leads are clearly visible;

   (d)   all phases shall be earthed, even if work is to be carried out only on one phase;

   (e)   earthing leads shall not be applied in any cell or compartment in which there is any exposed metal live at high-voltage that may be a source of danger, and shall be applied so that they remain clearly visible as far as it is reasonably practicable;

   (f)   when earthing leads are being removed, each lead , shall be disconnected from its phase conductor by means of an approved earthing appliance before it is removed from its earth connexion; and

   (g)   for earthing on spout contacts of metal-enclosed switch gear, only approved appliances shall be used and a person shall not insert a hand or tool into contact with spouts for this purpose.

   (8) A person shall not operate a high-voltage earthing switch or circuit main earth connected or disconnected, except with the consent of the control engineer, or under the terms of a sanction-for-test, or by an authorised person or by a competent person acting under the personal supervision of a senior authorised person.

   (9) Each operation of circuit main earths shall be reported to the control engineer as soon as possible after completion, and when operating to a high-voltage switching schedule, the application or removal of circuit main earths shall be reported to the control engineer at the appropriate control break.

   (10) The location of each circuit main earth shall be recorded on the safety document.

   (11) Additional earths applied after the issue of a permit-to-work or sanction-for-test may be attached or removed by a competent person.

72.   Approach to exposed live high-voltage conductors or insulators supporting them

   (1) The safety distances designated in the Seventh Schedule shall be maintained at the respective system voltages between any part of a person or object and the nearest exposed live high-voltage conductor.

   (2) A distance of three hundred (300) millimetres shall be maintained at all system voltages, from the portion of insulators supporting live high-voltage conductors which is outside the appropriate safety distance to the conductors.

   (3) Subject to the provisions of paragraph (4), a person shall not allow any part of his body or any other object not provided for within the approved procedures, to approach exposed high-voltage conductors or insulators supporting such conductors within the safety distances specified in paragraph (2)—

   (a)   unless the conductors have been made safe for work and a safety document issued as required by by-law 84 (1); and

   (b)   such person’s hands shall be kept below shoulder height when in the vicinity of the exposed live high-voltage conductors, unless it is unavoidable.

   (4) When a person is applying an approved voltage testing device to high-voltage conductors contained within the open spouts of metal enclosed switch gear, it is allowable for those parts of the body of such person required to do the task to approach within the safety distances specified in paragraph (2), subject to approved procedures.

   (5) Where exposed high-voltage conductors are not isolated, the only objects that shall be made to approach them or the insulators supporting them, within the safety distances specified in paragraph (2), shall be insulated devices approved for high-voltage live line work or approved voltage testing devices.

   (6) Where exposed conductors are isolated but not proved dead, the only objects that shall be caused to approach them or the insulators supporting them within the safety distances specified in paragraph (2), shall be insulated devices approved for high-voltage live line work or approved voltage testing devices.

   (7) Where exposed high-voltage conductors in a substation have been isolated, a circuit main earth may be applied to the apparatus following a visual examination to confirm that adequate isolation has been achieved.

   (8) Taking account of the nature and location of the work and the hazards and the presence of persons, an authorised person or the person in charge of the work, shall establish working and access clearances to ensure that the safety distances specified in paragraph (2) are maintained, both in respect of those persons present and the objects being handled.

   (9) Where work is to be carried out within a one (1) metre distance of the safety distance specified in paragraph (2), a supervisor shall ascertain if any of the following additional precautions have been taken before work commences—

   (a)   danger notices or red pennants are attached to the pole or structure at a distance not less than that specified in that paragraph; or

   (b)   a limitation-of-access has been issued defining the work to be carried out in the vicinity of live conductors and detailing any specified potential hazards to be avoided.

   (10) Danger notices or red pennants shall be attached by a senior authorised person or engineer or by a competent person acting under personal supervision of an authorised person or senior competent person.

73.   Work in substations and switching stations containing exposed live high-voltage conductors

   (1) The following provisions apply to a zone of work—

   (a)   when work is to be carried out in a substation, or switching station in which there are exposed live high-voltage conductors, the zone of work shall be properly identified by an authorised person, and shall be defined as far as possible by the use of approved barrier roping, yellow demarcation ribbons or by other approved means and shall be arranged so that the specified working and access clearances, from the nearest exposed live conductor or supporting insulator to ground level or platform or access way which may be repaired to be used, are established;

   (b)   the zone of work to be defined at ground level shall be only that in which the work is to be carried out;

   (c)   if the work cannot be carried out without leaving the ground level or a platform or access way, the working and access clearances shall be obtained from the nearest exposed live high-voltage conductor to the points from which work is actually carried out, and in such cases, access shall only be by means of an approved ladder or other approved means;

   (d)   a person shall not climb any structure to gain access, and in the case of terminal poles in substations, access shall be in accordance with approved procedures;

   (e)   if the work is such that the specified working and access clearances are not sufficient to avoid danger, other suitable arrangements shall be made;

   (f)   the approved barriers or roping shall be clearly visible, so far as it is reasonably practicable, and shall not be supported by any structure carrying electrical apparatus or conductor and shall not carry any notice; and

   (g)   at ground level, the section so defined shall be clearly distinguished by green flags by day or, if not otherwise satisfactorily illuminated, by green lights at night, fixed on separate supports and suitably spaced within the safe boundary. Danger notices shall be attached to adjoining apparatus containing live conductors or adjacent conductor supports at the limits of the zone of work.

   (2) Where necessary to prevent danger, the means of access to and from the zone of work shall be defined in an approved manner.

   (3) The working and access clearance required at the zone of work under paragraph (1) shall be as specified in by-law 87 (8).

   (4) The following provisions apply to the use of portable ladders and long objects where there are exposed live conductors—

   (a)   the type of portable ladders shall be approved and shall be of no greater length than is required for the work involved;

   (b)   portable ladders and other long objects shall not be used without the permission of an authorised person, who shall define the conditions of use to the senior authorised person in charge of the work, the movement and erection of such ladders and objects shall then be carried out only under the personal supervision of the senior authorised person and shall be carried only in a horizontal position and as near the ground as reasonably practicable;

   (c)   portable ladders provided for giving access to fixed ladders which terminate above ground level, and to provide access in other approved cases, shall be padlocked in position or otherwise secured by a senior authorised person while work is being carried out; and

   (d)   all portable ladders within substations, or switching stations shall be securely locked to a suitable anchorage when not in use.

   (5) The following provisions apply to the use of cranes, scaffolds and other equipment—

   (a)   when cranes, scaffolds or other equipment and materials transported by vehicles or otherwise are taken into or out of a substation, the route to be followed shall be agreed by an authorised person, and the cranes, scaffolds or other equipment shall be connected to the substation earthing system as soon as reasonably practicable;

   (b)   the limits of operation of such equipment shall be defined by an authorised person to a senior authorised person who shall be in charge of the work, and thereafter the equipment shall be erected or moved only within such limits under the personal supervision of the senior competent person.

   (6) Danger notices, barriers and screens shall be fixed or moved only by, or under the personal supervision of an authorised person.

   (7) In the event of a lightning storm, work on exposed conductors in outdoor substations or outdoor switching stations, or on apparatus directly connected to exposed conductors shall cease immediately where necessary, to prevent danger, and the control engineer shall be informed.

74.   Permit-to-work

   (1) A permit-to-work shall be issued by a senior authorised person before any work is carried out on any apparatus or conductor.

   (2) A permit-to-work shall only be issued with the knowledge of the control engineer, who shall maintain a record of the issue and cancellation of each permit-to-work.

   (3) When working on a high-voltage switching schedule, the issue and cancellation of a perm it-to-work shall be recorded by the control engineer after its issue as soon as it is practicable.

   (4) Where more than one working party is involved in work on apparatus or conductors associated with the same circuit main earths, the authorised person in charge of the high-voltage switching schedule shall record the issue of all safety documents on his copy of the high-voltage switching schedule or danger envelope.

   (5) If after agreement with the control engineer, it is found necessary to move any point of isolation located between the zone of work and a live high-voltage system, every outstanding permit-to-work shall be cancelled and new ones issued for any subsequent work on the apparatus.

   (6) A permit-to-work shall be explained and issued to the person in direct charge of the work, who after reading its contents and confirming that he understands it and is conversant with the nature and extent of the work to be done, shall sign receipt and its duplicate.

   (7) The recipient of a permit-to-work shall be a competent person who shall retain the permit-to-work in his possession at all times while work is being carried out.

   (8) Where more than one working party is involved, a permit-to-work shall be issued to the competent persons in direct charge of each working party and they may, where necessary, be cross-referenced with each other.

   (9) A permit-to-work shall be cleared and cancelled—

   (a)   when work on the apparatus or conductor for which it was issued has been completed;

   (b)   where it is necessary to issue a sanction-for-test, in which case, all permits-to-work that are associated with the apparatus and conductors to be tested shall be cancelled;

   (c)   where it is necessary to change the person in charge of the work detailed on the permit-to-work; or

   (d)   at the discretion of an authorised person, when it is necessary to interrupt or suspend the work detailed on the permit-to-work.

   (10) The recipient shall sign the clearance and return the permit-to-work to a senior authorised person who shall cancel it and inform the control engineer, and in all cases, the recipient shall indicate in the clearance section whether the work is complete or not, and whether all gears and tools have been removed or not.

   (11) Where more than one permit-to-work have been issued for work on high-voltage apparatus or conductors associated with the same circuit main earths, the control engineer shall ensure that all such permits-to-work have been cancelled before the circuit main earths are removed.

   (12) Where there is a requirement for a permit-to-work to be temporarily withdrawn or suspended, such withdrawal or suspension shall be in accordance with an approved procedure.

75.   Sanction-for-test

   (1) A sanction-for-test shall be issued by a senior authorised person initiating the testing under these By-laws before any testing is carried out on any apparatus or conductor.

   (2) Apparatus shall be connected to earth in accordance with by-law 84(c) prior to the issue of a sanction-for-test.

   (3) A sanction-for-test shall only be issued with the knowledge of the control engineer, who shall maintain a record of the issue of each sanction-for- test or its cancellation.

   (4) When working on a high-voltage switching schedule, the issue or cancellation of a sanction-for-test shall be recorded by the control engineer after its issue or cancellation as soon as it is practicable.

   (5) A sanction-for-test shall be explained and issued to a person in direct charge of the testing, who after reading its contents and confirming that he understands it and is conversant with the nature and extent of the testing to be done, shall sign its receipt and duplicate.

   (6) The recipient of a sanction-for-test shall be a senior authorised person who shall retain the sanction-for-test in his possession at all times whilst tests are being done.

   (7) When testing on apparatus for which a sanction-for-test has been issued is suspended or completed, the recipient shall sign the clearance and return the sanction-for-test to an authorised person who shall cancel it and inform the control engineer.

76.   Procedure for temporary withdrawal or suspension

   Where there is a requirement for a sanction-for-test to be temporarily withdrawn or suspended, such withdrawal or suspension shall be in accordance with an approved procedure.

77.   Limitation

   (1) A limitation-of-access shall be issued by an authorised person or a senior authorised person specially authorised to do so when it is considered necessary to have written instructions to avoid danger and when a permit-to-work or a sanction-for-test is not applicable.

   (2) Where a limitation of access is required for work above ground level in a high-voltage substation, it shall only be issued by an authorised person with the knowledge of the control engineer.

   (3) A person issuing a limitation-of-access shall determine from the nature of the work, occasions when the control engineer shall record its issue and cancellation.

   (4) A limitation-of-access shall, when there is danger, be issued for the following types of activity—

   (a)   work in proximity to but outside the working and access clearance from exposed live high-voltage conductors;

   (b)   when work is to proceed in the vicinity of an overhead line and the line is made dead in accordance with by-law 84;

   (c)   access to and work in underground chambers and similar confined spaces;

   (d)   work on plant operated by or containing compressed air or other gases; or

   (e)   such other access or work as may be specified by a designated engineer.

   (5) A limitation-of-access shall be explained and issued to the person in direct charge of the work, who after reading its contents and confirming that he understands it and is conversant with the nature and extent of the work to be done, shall sign its receipt and duplicate.

   (6) The recipient of a limitation-of-access shall be an authorised person who shall retain it in his possession at all times whilst work is being carried out.

   (7) Where more than one working party is involved, a limitation-of- access shall be issued to the competent persons severally having personal supervision of each working party.

   (8) A limitation-of-access shall be cancelled by the recipient signing the clearance and returning the limitation-of-access for cancellation to an authorised person or senior authorised person specially authorised to do so.

Division 5—Safety Precautions and Procedures Applicable to Low-Voltage Systems

78.   General

   (1) Where work or testing is carried out on or near low-voltage apparatus and conductors—

   (a)   precautions shall be taken to prevent danger of body injury due to electric arc or electric shock;

   (b)   the conductors shall be covered with insulation and screening, and the adequacy of these materials to prevent danger shall be assessed before work or testing is carried out; and

   (c)   precautions appropriate to work on or near exposed conductors shall be applied.

   (2) Danger may arise in the following circumstances—

   (a)   where a person confuses apparatus and conductors which have been made dead with those which remain live;

   (b)   dead apparatus and conductors are accidentally or inadvertently made live;

   (c)   if a person accidentally or inadvertently makes contact with adjacent live conductors; or

   (d)   if inadequate precautions are taken during live work or testing.

   (3) The term “earthed” when applied to the low-voltage system, comprises the bonding of the phase conductors (including any switch or earth wire) to the neutral conductors by means of an approved device or leads.

   (4) Control and operation of low-voltage systems shall be in accordance with an approved procedure, and only persons appointed in accordance with an approved procedure shall carry out activities such as switching and the live testing of low-voltage systems.

   (5) Work or testing of low-voltage apparatus and conductors shall be carried out by a competent person, and where working arrangements so require, approved procedures for the control of work, including the issue of a safety document shall apply.

   (6) Where work or testing involves the initial connexion or the re-arrangement of conductors to a consumer, the electricity supply shall not be provided to the consumer until checks have been made at an appropriate point on the system to ensure correct polarity at the supply terminals and where necessary, in the case of a three-phase supply, the phase rotation shall additionally be checked.

   (7) A person shall not erect or dismantle a low-voltage overhead line under a live high-voltage overhead line without the authority of an authorised person, who shall ensure that when necessary, because of insufficient clearance, the high-voltage line is made dead and a permit-to-work issued.

   (8) When a low-voltage overhead line conductor is to be raised or lowered or otherwise held on temporary support or connexions, approved procedures shall be followed to ensure that no danger is caused at locations such as road or rail crossing where other persons may be present.

79.   Requirements for work on dead low-voltage apparatus

   (1) When work is to be carried out on dead low-voltage apparatus—

   (a)   the conductors shall be isolated from all sources of supply from the system;

   (b)   where the isolating devices are lockable, safety locks shall be applied;

   (c)   if components such as fuses and links are removable, they shall be removed;

   (d)   caution notices shall be securely fixed at all points of isolation; and

   (e)   keys and removed components shall be kept in a secure place in the possession of the person in charge of the work.

   (2) Conductors shall be earthed using an earthing device or earthing leads approved for use on the conductors concerned.

   (3) Except when work on a low-voltage system is being carried out as part of approved high-voltage live line work, the following requirements apply—

   (a)   if the work requires a point of isolation to be established on a high-voltage system, an appropriate safety document shall be issued;

   (b)   if the work requires a high-voltage system to be made dead, isolated and earthed, a permit-to-work shall be issued; and

   (c)   if the work is being done in conjunction with work on a high-voltage system which has been made dead, isolated and earthed, the work shall be included on the permit-to-work issued for the high-voltage work.

   (4) Suitable precaution shall be taken by approved screening or other approved means to avoid danger from inadvertent contact with adjacent live conductors including, where necessary, the fixing of danger notices to apparatus containing live conductors adjacent to other live conductors and at the limits of the zone in which the work may be carried out.

   (5) Where conductors are likely to become live due to the operation of a consumer’s generator, the following precautions shall be taken to prevent danger—

   (a)   the conductors shall be isolated from the consumer’s system; or

   (b)   the conductors shall be earthed on an earth provided between the point of work and the consumer’s system.

   (6) Before work is connected, the apparatus and conductors shall be identified and proved dead at the point of work by means of an approved voltage testing device, and whilst work is in progress, any live working method that can reasonably be applied to minimize the risk of danger from the conductors being accidentally or inadvertently made live shall be used.

80.   Precautions for work on live low-voltage cables

   (1) A cable to be worked on shall be identified in accordance with the following—

   (a)   unless the point of work can be visually traced from a point where the conductors are accessible and have been proved dead at that point, it will be necessary to open the cable as if it is live and test each conductor with an approved voltage testing device; and

   (b)   if the cable has been damaged or is faulty, it shall not be presumed dead, and consequently, the test shall be made at a safe distance from the suspected point of damage on fault and the cable shall be visually traced from the point of test to the suspect point of damage or fault. Appropriate precautions shall be taken to avoid danger from electric arcing until the point of damage or fault is located.

   (2) Where work is to be carried out on an auxiliary cable which may be subject to induced voltage from a high-voltage circuit, additional precautions to prevent danger from these voltages shall be taken in accordance with approved procedures.

81.   Precautions for work on dead low-voltage overhead lines

   (1) Bare open-wire low-voltage conductors shall be earthed using approved eartning leads, and where insulated but unscreened conductors are present, the requirements for live working shall be observed until the conductors have been proved dead.

   (2) Any unearthed steelwork such as an offset racket or the upper portion of a stay above the insulator shall be treated as live until it is or the conductors have been proved dead.

82.   Work on live low-voltage apparatus and conductors

   (1) A person shall not carry out low-voltage live work except in accordance with an approved procedure, which shall ensure adequate protection from danger from electric shock and inadvertent short-circuiting of the conductors.

   (2) Where low-voltage live work is to be carried out, the authorised person in charge of the working party shall make an assessment of the site conductors, and the work shall only commence where site conditions enable work to be done safely.

   (3) If the site conditions become unsafe, low-voltage live working shall be suspended and the following requirements shall be followed—

   (a)   the apparatus to be worked on shall be visually inspected to ascertain if it is in a satisfactory condition;

   (b)   there shall be adequate working space and safe means of escape;

   (c)   the working space and the apparatus to be worked on shall be adequately illuminated; and

   (d)   if the work is to be done outdoors, it shall only be done if weather conditions are not unduly adverse.

   (4) Every person who carries out live working shall be an authorised person and shall have received appropriate training in the particular low-voltage live working procedure, and adequately instructed by the senior authorised person in charge of the working party.

   (5) Tools and equipment approved for that purpose shall be the only tools used for work on, or the testing of low-voltage apparatus and conductors.

   (6) A person shall not carry out work which involves, or is equivalent to a manipulation of bare live conductors unless accompanied by another person who shall be available to render or obtain assistance in an emergency.

83.   Precautions for work on live low-voltage cables

   (1) A cable to be worked on shall be identified by approved means, and all metal-work adjacent to the point of work shall be adequately shrouded with approved insulating material to prevent inadvertent contact. The metallic sheaths of cables shall be bonded to each other with an approved insulated conductor before jointing and cutting to ensure continuity of the electrical circuit through the sheath.

   (2) Unless alternative approved procedures allow, during all work including the change of cut-outs, only one conductor shall be bared at a time and insulating gloves and an insulating mat shall be used.

84.   Precautions for work on live low-voltage overhead lines

   (1) Where work is carried out on live overhead lines, any unearthed steelwork such as an offset bracket shall be proved dead using an approved voltage testing device.

   (2) When work is carried out on insulated but un-screened low-voltage conductors, a person working on such conductors shall wear insulated gloves and use insulated tools to prevent danger that may arise if the insulation has deteriorated or is damaged.

85.   Application of high-voltage rules to work on low-voltage apparatus and conductors

   Safety rules applicable to work on high-voltage systems, apparatus and conductors may, with the necessary modifications, be applied to work on low-voltage systems, apparatus and conductors in accordance with approved procedures.

86.   Testing and adjustment of low-voltage apparatus

   (1) Testing and adjustment including functional testing may be made with low-voltage apparatus live if a person making such testing and adjustment uses approved insulated tools and instruments.

   (2) If the testing or adjustment requires covers to be removed so that terminals or connexions that are live or can be made live are exposed or temporarily disconnected, precautions shall be taken to prevent unauthorised access to or interference with the apparatus. Such precautions shall include, where necessary, personal supervision or erection of suitable barriers or screening and the display of danger notices.

   (3) If the conductors are to be made dead in order to avoid danger, appropriate requirements under by-laws 94 and 95 shall be applied.

   (4) In this Part, “low-voltage” applies to a licensee’s 400/240V distributing mains and services.

PART VI
WIRING

Division 1—General

87.   Administration of by-laws

   (1) The Authority or any of its authorised members or officers or other person authorised by it shall, subject to any special or general directions of the Authority, be responsible for the administration and the proper execution of these By-laws, and shall have such powers of entry and inspection for such purposes as the Authority may specifically or generally direct.

   (2) Any member or officer of the Authority or any other authorised person referred to in paragraph (1) shall be deemed to have been appointed as an electrical inspector.

88.   Application of by-laws

   (1) Subject to paragraphs (2) and (3) and by-law 151, these By-laws shall apply to every consumer and every private owner.

   (2) Divisions 2, 3 and 4 shall not apply to—

   (a)   the construction, installation, quality, alteration, operation, control, protection, inspection and testing of parts of a consumer’s or private owner’s installation which are used exclusively for mining or factory purposes at a mine or factory where such parts comply with the electrical provisions of any written law relating to such construction, installation, quality, alteration, operation, control, protection, inspection and testing at a mine or factory.

   (3) By-law 125 shall not apply to the construction of a substation by a consumer or private owner for the accommodation of a high-voltage part of his installation where such substation complies with any written law relating to its construction.

89.   Inspection of installations

   (1) All installations made prior to the coming into force of these Regulations shall be required to be inspected by an electrical installations person and be issued with a Certificate of Installation by the electrical installations person within two (2) years of the coming into force of these Regulations.

   (2) All electrical installations shall be inspected by an electrical installations person and issued with a Certificate of Compliance every five (5) years from the date of their previous Inspection Certificate.

90.   Procedure for settling disputes

   Where a difference arises between a consumer and a licensee, such dispute shall be resolved in accordance with the Energy Regulation Act.

91.   Prior notification to undertaker

   (1) Before any work is commenced on a new installation or on any alteration or extension to an existing installation, an electrical installations person or a competent person, authorised by a consumer or prospective consumer, as the case may be, to carry out the work, shall, for and on behalf of the said consumer or prospective consumer—

   (a)   advise the licensee in writing with reference to—

      (i)   the purpose, type and extent of the proposed work;

      (ii)   the electrical loading of equipment for which the supply or additional supply, as the case may be, is required;

   (b)   obtain from the licensee in writing details of—

      (i)   the type of current, number, of phases and frequency if alternating current, and voltage at which the licensee proposes to deliver electricity to the supply terminals;

      (ii)   the licensee’s property which is to be accommodated in accordance with by-law 107;

      (iii)   the meter panel and connexions required in accordance with by-law 107;

      (iv)   earthing requirements; and

      (v)   proposed tariff.

   (2) Where the work referred to in paragraph (1) is commenced it shall—

   (a)   not thereafter be changed in relation to its purpose, type, extent and electrical loading except as may be agreed with the licensee; and

   (b)   be executed to suit the licensee’s stated specification details referred to in paragraph (1) (b).

92.   Accommodation to be provided

   (1) A consumer requiring a supply of electricity, or a consumer receiving a supply of electricity who requires an alteration in the terms of his original electricity supply agreement involving a change in the licensee’s metering arrangements, shall unless otherwise agreed in writing with the licensee, provide all necessary accommodation on his premises for the undertaker’s property as is necessary to provide the said supply or change in metering arrangements, as the case may be.

   (2) Accommodation referred to in paragraph (1) shall be located at a position to be agreed between the consumer and the licensee and be of a type, design and size required by the licensee.

   (3) Where the accommodation referred to in paragraph (1) is outside a building, it shall be fully weatherproofed and have no means of access other than by a lockable door.

   (4) Where the accommodation referred to in paragraph (1) is located in a substation, switch room, or similar compartment designed solely for electrical purpose, such place shall have a lockable door and shall not be used for purposes other than accommodation of the licensee’s property.

   (5) Where a group of shops, offices, flats, tenements, or workshops is to be erected for occupation by separate tenants or a building is to be converted for such use and it is intended that each tenant shall have an individually metered supply of electricity, the owner of the building shall—

   (a)    provide such accommodation at one or more places as may be required by the licensee for his meters and other property; and

   (b)   ensure that each tenant has—

      (i)   free access to the meter registering the tenant’s supply of electricity for checking and inspecting purposes; and

      (ii)   a main switch and fuses or a circuit-breaker necessary for controlling the tenant’s supply of electricity situated in that part of the building occupied by the tenant.

93.   Meter panels and connexions

   (1) A consumer who has provided accommodation in accordance with by-law 107 shall supply two copies of a plan to a scale of not less than 1:500 on which it shall be agreed between him and the licensee the route of the service mains and entry point to the premises.

   (2) The consumer shall further unless otherwise agreed in writing with the licensee—

   (a)   supply and fix in a manner and at a position to be agreed between the consumer and licensee, a meter panel of the size, type, design and construction required by the licensee;

   (b)   supply and fix such additional component parts as may be required for the operation of transformer metering where such metering is to be used;

   (c)   supply all necessary meter loops, line and load connexions; and

   (d)   where the service line to be used is an overhead line, supply and fix, at a position to be agreed between the consumer and licensee, internal service mains and roof shackles.

94.   Custody of licensee’s property

   (1) A consumer shall take all reasonable steps necessary to ensure the safe custody of the licensee’s property installed on the consumer’s premises for or incidental to the supply of electricity.

   (2) Accommodation provided by a consumer under the provisions of these By-laws for the licensee’s property shall be maintained by the consumer, his servants and agents in a fit and proper state.

   (3) A consumer, his servants and agents on whose premises property belonging to a licensee is accommodated for or incidental to the supply of electricity shall not, in relation to the said property—

   (a)   permit access thereto by a person other than—

      (i)   the licensee;

      (ii)   a person authorised by the licensee; or

      (iii)   an electrical inspector;

   (b)   unless permitted by the licensee—

      (i)   remove or attempt to remove the property from its position;

      (ii)   remove or attempt to remove any lock or seal attached to the property;

      (iii)   connect thereto or disconnect therefrom, a consumer’s installation or other electrical circuit; or

      (iv)   alter, adjust, handle, operate, tamper or interfere with the property in any way.

95.   Disconnexion in certain circumstances

   (1) Any part of a consumer’s installation which is in a faulty condition as to have caused or is likely to cause death or injury to any person or damage to any property shall, on the faulty condition becoming known—

   (a)   subject to by-law 34 (2), immediately be disconnected by that consumer or person from the supply of electricity; and

   (b)   subject to paragraph (3), not be reconnected until the faulty condition of the said part has been remedied.

   (2) Any part of a consumer’s installation, which, due to a faulty condition, is causing interference with the use of a telecommunication line, shall, on the faulty condition becoming known to the consumer or to a person authorised by him to operate the installation—

   (a)   subject to regulation 34 (2), be disconnected by that consumer or person from the supply of electricity; and

   (b)   subject to sub-regulation (3), not be reconnected until the faults condition of the said part has been remedied.

   (3) Any part of an installation disconnected in accordance with paragraph (1) or (2) may be reconnected to a supply of electricity for testing purposes where such temporary reconnexion can be made without risk to life or property.

96.   Connexion of neutral with earth

   (1) On a single-phase two-wire or three-phase four-wire con-sumer’s installation operating at low-voltage or medium-voltage supplied from the consumer’s own generator or transformer, one generator or transformer winding directly supplying that voltage shall have—

   (a)   if single-phase, one pole or its neutral point earthed; and

   (b)   if three-phase, its neutral point earthed.

   (2) Where a consumer’s installation operates at a high-voltage and is designed for operating with an earthed neutral, the neutral of the generator or transformer winding shall be earthed at the point of generation or transformation:

   Provided that where the generator or transformer feeds a remote transformer, via a transmission line, the neutral of the generator or transformer shall be required to be earthed if the neutral of the transformer is earthed at the point of the remote transformation.

   (3) On a consumer’s installation which is high-voltage and designed for operating with an insulated neutral—

   (a)   provision shall be made to indicate a displaced neutral; and

   (b)   precautions shall be taken against a breakdown of insulation.

   (4) Save for operational purposes on a consumer’s high-voltage installation, a conductor which is connected to earth in accordance with this regulation shall be interrupted by a fuse, switch, circuit-breaker, link or other means whilst any phase conductor of the installation remains live.

97.   Protection of telecommunication

   A consumer shall comply with the standards for telecommunication lines protection where—

   (a)   a cable by him crosses or is in close proximity to an underground telecommunication line; or

   (b)   an overhead line installed by him crosses or is in close proximity to an overhead telecommunication line.

98.   Guidance and instructions

   (1) For the guidance of a person authorised by the consumer to operate, control or work on or near the consumer’s installation, whether under supervision or otherwise, where high-voltage may be present, the consumer shall issue instructions regarding the working procedure to be followed to ensure maximum safety.

   (2) The instructions referred to in paragraph (1) shall, where the person is engaged in inspection, testing, cleaning, repairs, painting or constructional or general maintenance work in proximity to live high-voltage conductors, require that person to observe the minimum section clearance set out in the Seventh Schedule hereto.

99.   Certificate of inspection and testing

   A consumer who wishes to supply a certificate for the purposes of by-law 27 (2), as read with by-law 35 (2), that his installation or part thereof has been inspected and tested shall furnish a certificate which shall be executed by either an electrical installations person or a competent person.

Division 2—Construction of Consumer’s Installations

100.   Design and mechanical protection

   (1) A consumer’s installation shall have conductors—

   (a)   sufficient in size and power rating for purposes for which the supply of electricity is to be used; and

   (b)   constructed, installed and protected so as to prevent, as reasonably practicable, danger to person or property.

   (2) The consumer’s installations shall not be temporarily or permanently added to unless—

   (a)   it has been ascertained that the current rating and condition of the existing installation, which will have to carry the additional load and the earthing arrangements, are adequate for the increased loading; and

   (b)   by-law 106 has been complied with.

   (3) Where the consumer’s installation or any part thereof is exposed to adverse weather, corrosive atmosphere or other adverse conditions, the installation or that part shall be constructed and, additionally or alternatively, protected to prevent danger to any person or property arising from such exposure:

   Provided that where the conditions comprise exposure to flammable surroundings or an explosive atmosphere, the consumer’s installation shall—

   (a)   be protected by a flameproof enclosure of an’ appropriate standard of construction; and

   (b)   be of such construction as to prevent danger or have intrinsically safe characteristics so as to prevent danger to any person or property.

   (4) Conductors and live parts of a consumer’s installation shall be—

   (a)   insulated and further effectively protected where necessary; or

   (b)   so placed and safeguarded as to prevent, so far as is reasonably practicable, danger to any person or property.

   (5) Medium-voltage conductors and medium-voltage live parts of a consumer’s installation shall be—

   (a)   completely enclosed in earthed metal which is electrically continuous and adequately protected against mechanical damage; or

   (b)   so constructed, installed and protected as to prevent, is reasonably practicable, danger to any person or property.

   (6) Subject to by-law 129, high-voltage conductors and high-voltage live parts of a consumer’s installation shall—

   (a)   be completely surrounded and protected by earthed metal;

   (b)   have the minimum section clearance set out in the Seventh Schedule; or

   (c)   be guarded by a protective barrier to prevent inadvertent touching or approach by a person standing at floor level or on a walkway, stair or working platform.

101.   Electrical protection

   (1) Every distinct circuit of a consumer’s installation shall be protected against excess current by means of a suitable fuse or automatic circuit-breaker—

   (a)   of adequate breaking capacity; and

   (b)   suitably located and of such construction as to—

      (i)   prevent danger from overheating, arcing or the scattering of hot metal when it comes into operation; and

      (ii)   permit the ready renewal of the fusible metal without danger to any person or property.

   (2) No fuse, non-linked switch or non-linked circuit-breaker shall be inserted in a conductor connected with earth.

   (3) A single-pole switch may only be inserted in a live conductor.

102.   Isolation and control position

   (1) Except in the case of an unmetered service line, effective means suitably placed for ready operation shall be provided so that all voltage may be cut off from every part of a customer installation as may be necessary to prevent danger, and such means shall include a fireman’s emergency switch on the exterior of a building, where necessary, to disconnect a high-voltage discharge-lamp installation or an electrified barrier.

   (2) An electricity consuming device which requires operation or attention in normal use shall be installed so that adequate means of access and working space are afforded for such operation or attention.

   (3) An electric motor shall be controlled by an efficient switch or switches for starting and stopping and the switch or switches shall be placed so as to be readily accessible to and easily operated by the person in charge of the motor.

103.   Earthing of metal-work

   (1) Metal-work of a consumer’s installation enclosing, supporting or otherwise associated with conductors operating at a voltage in excess of extra-low-voltage shall, where necessary to prevent danger, be connected with earth.

   (2) Metal-work attached to or forming part of a metal or reinforced concrete support and any metal transformer-case or metal switch handle mounted thereon shall be connected with earth.

   (3) Subject to paragraph (4), metal-work attached to or forming part of a wooden support which is liable to become dangerous of leakage across or failure of the insulation shall—

   (a)   if the metal-work is not more than 3 metres above the ground, be connected with earth; and

   (b)   where the metal-work is more than 3 metres above the ground, be connected with earth or have effective secondary insulation sufficient to withstand the voltage to earth.

   (4)—

   (a)   A metal transformer-case together with its associated metal-work and any metal switch handle shall be connected with earth if it is mounted on a wooden support; and

   (b)   a high-voltage switch with a switch handle not more than 3 metres above the ground shall have inserted in the operating rod between the switch handle and the switch, an insulator capable of withstanding the normal operating voltage if it is mounted on a wooden support.

   (5) A metal cradle or stay-wire shall—

   (a)   be connected with earth; or

   (b)   have inserted insulation capable of withstanding the normal operation voltage.

   (6) Metal armouring or metal sheathing, except sheathing intended for use as a concentric neutral conductor or earth potential, shall—

   (a)   be connected with earth;

   (b)   have earth continuity maintained by a separate earth conductor across any joint-box or terminal enclosure associated with the cable; and

   (c)   where the joint-box or enclosure referred to in sub-paragraph (b) is of metal, be bonded thereto;

   (7) Save as is otherwise provided in these By-laws, any metal-work associated with or forming part of the consumer’s installation shall, unless isolated from and not likely to come into contact with live parts or with earthed metal-work, be connected with earth.

104.   Protection against earth leakages

   (1) Every circuit of a consumer’s installation shall be protected against the persistence of earth leakage currents liable to be a danger to any person or property.

   (2) Where metal-work is earthed in accordance with the provisions of these By-laws, the associated earthing system shall—

   (a)   incorporate a protective device which makes any live conductor or live part dead when there is leakage as referred to in paragraph (1), between that live conductor or live part and any metal-work connected with earth; and

   (b)   be designed, constructed and maintained so that the leakage referred to in sub-paragraph (a) is sufficient to operate the protective device.

105.   Arc-suppression coils

   In addition to the protective device referred to in by-law 119(2)(a), an arc-suppression coil may be inserted between a transformer or generator neutral and earth in such a manner as to ensure that in the event of a live conductor or live part coming into contact with earth, or with any metal-work connected with earth, an arc between that conductor or part and earth shall be immediately suppressed and the voltage of that conductor or part shall be reduced so as to prevent, as far as reasonably practicable, danger to any person or property.

106.   Earthing of installation

   (1) Where a licensee operates a protective multiple earthing system in accordance with Division 4 of Part IV—Supply and Quality of Service of these By-laws and connexions with his own earth arrangements, the main earthing conductor of the consumer’s installation, before supplying a consumer with electricity therefrom, an earth electrode or electrodes shall be installed by the consumer at or on his premises by arrangement with and to the satisfaction of the licensee and shall also be interconnected with the said earthing arrangements.

   (2) Save as is provided in paragraph (1), where there is an interconnec-tion between the earthing arrangements of the licensee and the main earthing conductor of the consumer’s installation, the consumer shall comply with the conditions considered necessary by the licensee in accordance with the Part IV—Supply and Quality Service of these By-laws.

   (3) Where there is no interconnexion between the earthing arrangements of the licensee and the main earthing conductor of the consumer’s installation, the consumer shall provide and install his own earthing arrangements to ensure compliance with these By-laws.

   (4) An earth electrode of a consumer shall be installed so that no voltage gradient is maintained at ground level which may cause danger to life and property.

107.   Electrode boilers

   (1) In this by-law—“electrode boiler” includes an electrode type of water heater.

   (2) An electrode boiler shall—

   (a)   be used only on alternating current; and

   (b)   have an isolating and protecting circuit-breaker.

   (3) The circuit-breaker referred to in paragraph (3) (b) shall—

   (a)   be of the multi-pole linked type arranged to disconnect the supply from all electrodes simultaneously;

   (b)   have an over-current protective device for each electrode;

   (c)   have a locking-off device to prevent the electrode boiler inadvertently being made live whilst a person is working thereon;

   (d)   is arranged for direct hand operation from a position near the boiler, a id be readily accessible and visible to a person using the boiler;

   (e)   if not arranged for direct hand operation from a position near the boiler, have remote control by a hand-operated switch or push-button—

      (i)   with a lamp or other instrument to provide visual indication of the “ON” and “OFF” condition of the electricity supply fixed at or rear the boiler; and

      (ii)   readily accessible and visible to a person using the boiler;

   (f)   where the boiler is to be operated at high-voltage, have automatic tripping in the event of phase currents becoming unbalanced to the extent of ten per centum of the full load current of the boiler:

   Provided that—

      (i)   the margin may be increased to fifteen per centum (15%) where the higher setting is essential to ensure operational stability; and

      (ii)   an inverse time-element device may be associated with the automatic tripping to prevent unnecessary tripping where the imbalance is momentary or of short duration.

   (4) The earthing system of electrode boiler shall, in addition to complying with by-laws 117 and 118, include—

   (a)   the bond together of—

      (i)   the metallic shell and other metal-work of the boiler;

      (ii)   any water pipes or steam pipes of metal in metallic contact with the said shell or other metal-work; and

      (iii)   any metal armouring or metal sheathing of a cable providing a supply of electricity to the said boiler;

   (b)   the connexion of bonded metal-work referred to in sub-paragraph (a) to the neutral conductor and to the main earthing terminal of the consumer’s installation.

   (5) In the case of electrode boiler, the neutral conductor, main earthing conductor and bonding and the connexions, to such bonding shall have a current-carrying capacity not less than that of any live or phase conductor at all points except in a subsidiary tripping-circuit where the current-carrying capacity shall be in accordance with the designed tripping-circuit current.

   (6) An electrode boiler of a type other than a three-phase three-electrode balanced-load type shall not be connected to a supply of electricity otherwise than by means of a double-wound transformer situated within the same building as the said boiler or as close as is practicable and on the same premises.

108.   Auto-transformers

   (1) An auto-transformer shall not be fed from a circuit operating at a voltage exceeding low-voltage unless such auto-transformer is used—

   (a)   in motor starting or control-gear;

   (b)   in conjunction with and installed adjacent to a capacitor which is employed for improving the power factor; or

   (c)   in a high-voltage discharge-lighting circuit.

   (2) An auto-transformer shall not be used to supply—

   (a)   a socket-outlet;

   (b)   a portable appliance unless the auto-transformer is contained therein;

   (c)   an electric toy or model;

   (d)   earthed concentric wiring; or

   (e)   an extra-low-voltage circuit.

   (3) An auto-transformer shall—

   (a)   if used for step-up purposes—

      (i)   be supplied only from a system in which the neutral conductor is earthed; and

      (ii)   have the neutral conductor connected to the common pole of the primary and secondary windings:

   (b)   if used for step-down purposes, have the secondary winding insulated for the maximum voltage likely to be applied to the primary winding.

   (4) Where an auto-transformer is used for step-up purposes, means of isolation required in accordance with by-law 116 shall be arranged to disconnect all primary supply conductors simultaneously.

109.   Capacitors

   (1) Save in the case of a capacitor incorporated in apparatus for the sole purpose of radio interference suppression; or where the capacitor is so small that no risk of electric shock can arise therefrom, a capacitor shall have a high resistance leak or other means for the prompt and automatic discharge of electricity immediately the supply thereto is disconnected.

110.   Indoor substations

   (1) Subject to by-law 103 (3), a substation constructed by a consumer for the accommodation of a high-voltage part of his installation shall—

   (a)   be substantially constructed and designed specifically for its intended purposes; and

   (b)   be arranged so—

      (i)   as to prevent, as far as practicable, access thereto except by a doorway or gateway; and

      (ii)   that no hinged door opens inwards;

   (c)   enclose the said part of the installation, as far as practicable;

   (d)   be ventilated, kept dry and made vermin-proof, as far as practicable;

   (e)   have fixed outside each entrance a danger notice; and

   (f)   have prominently displayed inside, printed instructions as to the proper first-aid treatment of persons suffering from electric shock.

   (2) Subject to by-law 103, a substation referred to in paragraph (1) constructed below ground level shall—

   (a)   have adequate means of access by a door or trap door with a staircase or ladders securely fixed and placed so that no live part of the system or conductor is within reach of a person thereon; or

   (b)   where a person is to be regularly employed therein, have the access referred to in paragraph (a) by door and stair case only.

111.   Outdoor substations

   (1) Any part of the consumer’s installation for the transformation, control, regulation or switching of electricity in the open air shall, save as is otherwise provided for in Division 3 or 4—

   (a)   be mounted on the supports of an overhead line;

   (b)   be enclosed by a fence not less than 1.8 metres in height, fitted with a suitable anti-climbing device for the purpose of preventing access not authorised by the consumer; or

   (c)   where sub-paragraph (a) or (b) is not complied with, have all parts below the height of 3 metres from the ground completely enclosed in a metal casing.

   (2) A danger notice referred to in paragraph (1) (a), (b) or (c), shall be fixed to the supporters, fence or metal casing, as the case may be.

Division 3—Underground Cables

112.   Construction and installation

   (1) An underground cable shall be fully insulated for the normal operating voltage and shall be of a type and construction and be laid or installed in a manner suited to its particular environment and having regard to—

   (a)   by-law 116;

   (b)   the normal usage of the ground in which any part of it is to be laid; and

   (c)   foreseeable risk of damage to the cable and danger to persons, property and to other electrical services, railways and constructional works at or below ground level.

   (2) A component used with an underground cable shall be of a type and construction and shall be laid or installed in a manner suited to that cable and having regard to the provisions of—

   (a)   paragraph (1); and

   (b)   by-law 127 in circumstances where a cable joint or connexion is necessary.

113.   Joints and connexions

   An electrical joint or connexion associated with an underground cable shall be designed, constructed, installed and protected in a manner that—

   (a)   electrical conductivity is maintained satisfactorily;

   (b)   its insulation, where insulation is necessary, is suitable for the normal operating voltage; and

   (c)   its mechanical strength is suited to its location and environment.

114.   Metallic protection of high-voltage cables

   (1) Subject to paragraph (3), a high-voltage underground cable shall be laid or installed so that it is completely surrounded and protected by earthed metal as provided by—

   (a)   its own metal sheathing or metal armouring; or

   (b)   an outer metallic covering.

   (2) Subject to paragraph (3), a joint, connexion or termination of a high-voltage underground cable shall be completely surrounded and protected by earthed metal.

   (3) In a power station, substation, switch-room or similar premises designed for electrical purposes, it shall not be necessary for a high-voltage cable, joint, connexion or termination to be completely surrounded and protected by earthed metal where the cable, joint, connexion or termination has the minimum section clearance, or is guarded by the protective barrier required in accordance with by-law 115 (5).

115.   Identification and insulation test

   (1) A neutral conductor of an underground cable shall, at its termination, be permanently identified so that it is readily and uniformly distinguishable from other conductors.

   (2) Where two or more underground cables forming part of different circuits terminate at adjacent positions, each circuit shall—

   (a)   be permanently labelled on its exterior or on its terminating box or component; or

   (b)   have other means of identification, so that it is readily distinguished from other circuits.

   (3) An underground cable shall not be subject to an insulation test after being laid or installed and before being connected to a supply of electricity, and it shall not be so connected if the connexion would result in an electrical leakage which might be a danger to persons or property.

   (4) No underground cable shall be permanently connected to a supply of electricity unless tests have been made—

   (a)   to ensure compliance with these By-laws, and in particular by-law 118(1) and (2); and

   (b)   to establish that there is electrical continuity of conductors.

Division 4—Overhead Lines

116.   Overhead lines

   This Division shall apply to overhead lines other than—

   (a)   an overhead crane wire or trolley wire;

   (b)   an overhead line consisting entirely of insulated conductors enclosed in earthed metal sheathing or earthed metal armouring;

   (c)   a conductor used above ground and in the open air as a fence specially designed for the control of the movement of animals;

   (d)   an overhead telecommunication line;

   (e)   an overhead line and substation within a fenced enclosure specially erected by the consumer operating such line and substation for the purpose of prohibiting entry not authorised by him where such fence is not less than 1.8 m in height and is fitted with a suitable anti-climbing device.

117.   Constructional materials requirements

   (1) Line conductors shall be of acceptable conductor materials—

   (a)   line conductors and earth conductors are of copper, cadmium copper, steel-cored copper, aluminium, steel-cored aluminium, aluminium alloy, copper-clad steel, galvanized steel, stainless steel or any compatible combination of these materials;

   (b)   cradle supporting wires and stay-wires are of stranded galvanized steel or of material of not less than equivalent strength and durability;

   (c)   a support is made from wood, metal or reinforced concrete or a combination of these materials and where wood or metal is used in the construction of a support, such wood or metal is protected against decay or corrosion as far as is reasonably practicable:

   (d)   supports and the foundations thereof are constructed and placed, taking into account the characteristics of the ground in which they are embedded and to the load which they are to carry; and

   (e)   insulators are—

      (i)   of durable materials; and

      (ii)   designed to withstand the mechanical loading and electrical stresses of normal operating conditions.

   (2) Cradle supporting wires and stay-wires shall be of stranded galvanized steel or a material of a strength and durability not less than that of stranded galvanized steel.

   (3) A support shall be of wood, metal or reinforced concrete or a combination of these materials and any other acceptable materials, and where wood or metal is used in the construction of a support, such wood or metal shall be protected, as far as is reasonably practicable, against decay or corrosion.

   (4) Supports and the foundations hereof shall be constructed and placed having regard to the characteristics of the ground in which they are embedded and to the load, which they are to carry.

   (5) Insulators shall—

   (a)   be of durable materials; and

   (b)   be designed to withstand the mechanical loading and electrical stress of normal operating conditions.

118.   Minimum heights and insulation

   (1) A line conductor near a building or other permanently raised position existing at the time of erection of the line shall—

   (a)   if operating at extra-low-voltage, low-voltage or medium-voltage, be insulated at all places within a distance of 1.83 m from any part of such building or raised position; and

   (b)   if operating at high-voltage, be completely surrounded and protected by earthed metal or have the minimum section clearance or protective barrier required in accordance with by-law 115 (5) between it and any part of such building or raised position.

   (2) Service lines in the terminal span of a connexion between an overhead line and a building, or in a span between one building and another building, shall be insulated conductors.

   (3) The point of attachment of a service line shall—

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