No. 8 of 1993. The Public Utilities (Amendment)
Act, 1993.
ANTIGUA
AND
BARBUDA
: Assent,
Wilfred Jacobs,
Governor-General.
17th February, 1993.
ANTIGUA AND BARBUDA
No. 8 of 1993.
AN ACT to amend the Public Utilities Act, 1973 (No. 10 of
1973)
[ 18th February, 1993. I
ENACTED by the Parliament of Antigua and Barbuda as
follows -
1. This Act may be cited as the Public Utilities (Amendment) short title.
Act 1993.
2. The Public Utilities Act, 1973, in this Act referred to as the Amendment of
principal Act is amended as follows - section 2 of
No. 10 of 1973.
(a) in section 2, repeal the definition "electricity" or
"electrical energy" or "energy" and substitute the
following -
"electricity" or "electrical energy" or "en-
ergy" means energy involving the use of
electricity, electric current or voltage which
may be produced by mechanical, chemical or
other means and which is generated, transmit-
ted, supplied or used for any purpose except
the ~ansrnission of a message".
ANTIGUA 2 The Public Utilities (Amendment) No. 8 of 1993.
AND
BARBUDA
Act, 1993.
(b) in section 2, insert after the word "with" in line three
of the definition of "electric line" the words "or
without"
(c) in section 2, insert after the definition of "chairman"
the following -
"Commission" means the Commission estab-
lished by section 15.
Amendment of 3. Section 4 of the principal Act is amended as follows -
section 4.
(a) by deleting the word "Department" in paragraph (b)
of subsection (1) and wherever it occurs and substi-
tuting the word "Division".
(b) by deleting the words "of the Governor-General
acting in accordance with the advice" appearing in
paragraph (a) of subsection (2).
Amendment of 4. Section 5 of the principal Act is amended as follows-
section 5.
(a) by repealing subsection (2) and substituting the
following -
"(2) The Authority may, on application, and
on such terms and conditions as it thinks fit,
grant a licence to any person to generate and
supply electricity -
(a) at a place where the Authority
does not generate or supply elec-
tricity;
(b) at a place where the authority
generates and supplies electric-
ity, but in the opinion of the
Authority, there is need for addi-
biond generation to supplement
the existing supply".
(b) by deleting the words "one &oosx4d" 21 h e lour of
subsection (3) md subs~tuGsrg the words "five
thousanc8".
No. 8 of 1993. The Public Utilities (Amendment) 3 ANTIGUA
Act, 1993. AND
BARBUDA
(c) by renumbering subsection (3) as subsection (6) and
by inserting the following as subsection (3) -
"(3) '; : ~thority may -
(a) refuse to grant a licence to any
person under subsection 2(b) if
such person owes the Authority
any mor,C;v in respect of charges
due in respect of the installation
or the supply of any utility;
(b) cancel the licence of any person
who is in possession of a licence
granted under subsection (2)(b)
if such person's supply of elec-
tricity has been discontinued for
failure to pay on demandcharges
due in respect of any electricity
supplied.
(4) The Authority may apply to a Magis-
trate for an order to seize any generator or
other mechanical equipment used in generat-
ing electricity by any person whose licence
has been cancelled under section 3(b).
(5) The Magistrate may in any order made
under this section -
(a) direct the Authority to release
any generator or other mechani-
cal equipment seized under this
section to theowner if such owner
pays to the Authority the amount
owed to it at the time specified in
the order;
(6) include in such order'the condi-
tions under which any generator
or equipment ordered to be seized
may be disposed of if the amount
owed to the Authority is not paid
within the h e specified in the
order;
ANTIGUA 4 The Public Utilities (Amendment) No. 8 of 1993.
AND
BARBUDA
Act, 1993.
(c) make any other directions as he
may consider necessary in the
circumstances."
(6) A certificate signed by the General
Manager of the Authority stating that a person
whose electricity under section 5 has been
discontinued has been generating electricity
shall be conclusive evidence for the purposes
of subsection (5).
Amendment of
section 6(2).
Amendment of
section 7(2).
Amendment of
section 8(2).
Section 15
repealed and
replaced.
Amendment of
section 23.
Amendment of
section 24.
Amendment of
sedion 26 (1).
5. Section 6(2) of the principal Act is amended by deleting the
words "five hundred appearing therein and substituting the
words "five thousand".
6. Section 7(2) of the principal Act is amended by deleting the
words "five hundred and "three months" appearing therein and
substituting the words "five thousand and "six months" respec-
tively.
7. Section 8(2) of the principal Act is amended by inserting
after the word "generating" appearing therein the following:
"transmitting,"
8. Section 15 of the principal Act is repealed and replaced by
the following -
"(1) For the purpose of determing the tariff to be paid
for any utility provided or supplied under this Act, there
is established a Commission with power, functions and
constitution as are specified in the Fourth Schedule.
(2 ) The rates to tariff to be charged by the Authority or
by any other person or body licensed by the Authority for
any utilities supplied or provided by it to customers shall
be as determined by Order of the Cabinet on the recom-
mendation of the Commission.
(3 ) Any order made under subsection (2) shall be
published in the Gazette. "
9. Section 23(l)(a) of the principal Act is amended by
deleting the word "injures" and substituting the word "damage".
10. Section 24 of the principal Act is amended by deleting the
words "five hundred" and substituting the words "five thou-
sand.
11. Section 26 ( 1 ) of the principal Act is amended by deleting
the words "five hundred and substituting the words "five
thousand".
No. 8 of 1993. The Public Utilities (Amendment) 5 ANTIG'ITA
Act, 1993. AND
BARBUDA
12. Section 29 of the principal Act is amended by deleting the Amendment of
words "five hundred and substituting the words "five thou- Se"ion29.
sand.
13. Section 300f the principal Act is amended by deleting the Amendment of
words "five hundred" and substituting the words "five thou- 30.
sand.
14. Section 3 1 of the principal Act is amended by deleting the Amendment of
words "five hundred" and substituting the words "five thou- Sedi0n31.
sand."
15. Section 32 (1) of the principal Act is amended by deleting Amendment of
the words "five hundred" and substituting the words "five sedion32(1).
thousand."
16. Section 33 of the principal Act is amended by deleting the Amendment of
words "one hundred and substituting the words "five thousand." e i o n 33.
17. Section 34 of the principal Act is amended by deleting the Amendment of
words "one hundred" and substituting the words "five thousand. " section 34.
18. Section 37A of the princii Act is amended as follows - Amendment of
section 37A.
(a) by repealing paragraph (b) and substituting the
following -
"(b) that with respect to any public utility, the
Authority is for any reason unable or unwill-
ing to act and that such conduct on the part of
the Authority is contrary to the interest of the
State;"
(b) by inserting after paragraph (b) the following -
"(c) that it is in the public interest so to do;"
the Cabinet may assume the control and management of the
Authority for such period as the Cabinet may deem necessary
and may perform all the functions and exercise all the rights,
powers and duties appertaining thereto as are vested in the
Authority under and by virtue of this Act."
ANTIGUA 6 The Public Uriliries (Amendment) NO. 8 of 1993.
AND
BARBUDA
Acr, 1993.
Insertion of 19. The principal Act is amended by inserting after section
section 37B in 37A the following -
principal Act.
"past acts, etc. 37B (1) Any act or thing done or omitted to
regularised. be done in relation to the Authority by the
Cabinet, the Minister or any public officer or
aperson acting by and with the authority of the
Cabinet or a public officer between -
(a) the23rd of June, 1979 and the day
on which the Cabinet assumes
control and management of the
Authority under section 37A, or
(b) the23rdof June, 1979 and the day
on which Cabinet appoints new
Directors to the Board underpara-
graph 1 of the First Schedule;
whichever is earlier, is hereby declared to be
valid for all intents and purposes and deemed
to have been lawfully done under the provi-
sions of this Act.
(2) For the purposes of this section "act or
thing" includes execution of agreements, ap-
pointment or dismissal of employees."
Amendment of 20. Section 39(3) of the principal Act is amended by deleting
section 39. the words "three hundred" and substituting the words "one
thousand."
Amendment of 21. Section 40(2) of the principal Act is amended by deleting
section 40. the words "one hundred" and substituting the words "one
thousand."
Amendment of 22. The First Schedule to the principal Act is amended as
First Schedule. follows -
(a) repeal paragraph 1 and substitute the following -
"The Authority shall be governed by a board
of five Directors, appointed by the Cabinet
from amongst persons appearing to it to be
qualified by reason of having had experience
of and shown capacity in matters relating to
trade, law, finance, science, engineering,
managemen4 administration or labour rela-
tions".
No. 8 of 1993. The Public Utilities (Amendment) 7 ANTIGUA
Act. 1993. AND
BARBllDA
(b) delete from the Schedule the words "Governor-
General" wherever these appear and substitute the
word "Cabinet".
(c) delete from the schedule the word "Commissioner"
or "Commissioners" wherever these appear and
substitute the word "Director" or "Directors".
(d) in paragraph 4 repeal subparagraph (1) and substi-
tute the following -
"(1) A Dirzctor shall, subject to the provi-
sions of this Act, hold office for three years
and may, at the expiration of such term be
eligible for reappointment".
(e) in paragraph 9(4) delete the word "five" and substi-
tute the word "three".
23. The principal Act is amended by the insertion after the Insertion of
Third Schedule the following - Fourth Schedule.
"FOURTH SCHEDULE
Composition of 1. (1) The Commission shall consist of the
commission. following -
(a) A chairman;
(b) two persons with requisite knowl-
edge and experience in account-
ing or engineering or business to
be appointed by the Minister;
(c) one person representing the gen-
eral public to be appointed by the
Minister on the advice of the
Trade unions;
(d) one person representing the busi-
ness community to be appointed
by the Minister on the advice of
the Antigua and Barbuda Cham-
ber of Commerce and Industry
Limited.
( e ) a barrister or solicitor of at least
ten y ears standing to beappoint4
by the Minister.
ANTIGUA 8 The Public Utilities (Amendment) No. 8 of 1993.
AND
BARBUDA
Tenure.
Act, 1993.
(2) The Chairman shall be appointed by the
Prime Minister from among the members of
the Commission.
2. (1) Any person appointed as a member
of the Commission shall serve for a term of
three years and at the expiration of such term
may be eligible for reappointment.
(2) A member of the Commission, other
than the Chairman, may at any time resign his
office by an instrument in writing addressed
to the appointing authority and transmitted
through the Chairman.
(3) The Chairman may resign his office by
an instrument in writing addressed to the
Prime Minister.
(4) The appointment, resignation, termi-
nation or death of a member of the Commis-
sion shall be published in the Gazette.
(5) Where a member is unable to act by
reason of illness or other cause, another per-
son may be appointed in accordance with
paragraph 1 to act as amember in his place for
that occasion or until the termination of the
disability.
Termination of 3. The Prime Minister or the Minister
appointment. may, as the case may be, terminate the ap-
pointment of the Chairman or a member for
any good or sufficient cause and in particular
if a member -
(a) becomes of unsound mind or
incapable of carrying out his
duties;
(b) becomes bankrupt or compounds
with his creditors;
(c) is convicted of an offence of
which the penalty is one thou-
sand dollars or more or impris-
onment exceeding three months;
No. 8 of 1993. The Public Utilities (Amendment) 9 ANTIGUA
Act, 1993. AND
BARBUDA
(d) is guilty of misconduct in relation
to his duties;
je) is absent during three consecu-
tive meetings of the Commission
without the written approval of
the Chairman of the Commis-
sion;
If) fails to carry out any of the duties
or functionsconferredor imposed
on him by or under this Act.
Remuneration. 4. A member shall be paid such remunera-
tion or allowance as the Cabinet may deter-
mine.
Declaration of 5. (1) A member who is in any way,
interest. whether directly or indirectly interested in a
coqtract or proposed contract with, or in any
other matter concerning a public utility shall
declare the nature of his interest on the first
convenient opportunity at which it is practi-
cable for him to do so and shall not take part
in the deliberationsof the Commission thereto.
(2) Where in the course of any deliberation
of the Commission upon any agreement or
licence concerning apublic utility, it comes to
the notice of a member that he is in any way
directly or indirectly interested therein the
provisions of subparagraph (1) shall apply
and such member shall withdraw from the
deliberation.
(3) This paragraph shall not apply to an
interest in any matter relating to the terms on
which the right to participate in any service
provided by a public utility is offered to the
general public.
(4) Any person who fails to comply with
the provisions of this section commits an
offence and is liable on conviction thereof to
a fine of five thousand dollars or to imprison-
ment for twelve months.
ANTIGUA 10 The Prdblic Utilities (Amendment) No. 8 of 1993.
AND
BARBUDA
Act, 1993.
Functions of the 6. (1) The functions of the Commission
commission. are -
(a) to hear and determine claims by
a public utility for an increase of
the tariffs payable in respect of
its service;
(b) to hear and determine objections
toclaims by apublic utility for an
increase of the tariff chargeable
for its service:
(c) to hear and determine complaints
in respect of tariffs payable for
any service provided by a public
utility;
(d) to hear and determine objections
to agreements signed by or li-
cences granted by the Authority
to a person or body for the supply
of utility to the public;
(e) to hear and determine any other
complaints lodged by any person
against the supply or provision
of a utility to the public;
0 to hear and determine any matter
referred to it by the Minister.
(2) For the purpose of this Schedde a
public Utility includes the Authority or any
person licensed by the Government or the
Authority to provide any service to the public
for which a tariff is charged.
Agreement and 7. (1) The Authority shall, on the coming
licences to be into force of this Act, submit to the Commis-
registered. sion for registration, copies of all agreements
and licences made with or granted to any
person or body for the supply of utility in
respect of which a tariff is charged.
(2) The Authority shail, not later than thirty
days after signing any agreement with, or
No. 8 of 1993. The Pllblic Utilities (Amendment) 1 1 ANTIGIIA
Act, 1993. AND
BARBUDA
granting a licence to, any person or body for
the supply of a utility for which a tariff is
charged, submit such agreement or licence to
the ComLLission for registration.
(3) Any person aggrieved by the terms and
conditions or other effects of any agreement
submitted for registration, shall by writing
lodged any complaint or objection to such
agreement or licence and the reasons for his
objection to the Commission who shall by
notice in writing informed the Authority and
all parties concerned of such objections and
the notice of objection shall be considered as
a complaint to be dealt with by the Commis-
sion.
(4) The Commission shall, after hearing all
the parties concerned in any objections lodged
to the Commission make any recommenda-
tions as it considers proper to the Cabinet.
Claim made by 8. (1) Where a public utility desires to
public utility. make a claim for an increase in the tariffs
payable to it for any of its services it shall,
sixty days before such claim is submitted to
the Commission publish in the Gazette and in
at least twonewspapers circulating in Antigua
and Barbuda, a notice of its intention to make
the claim.
(2) A notice published pursuant to
subparagraph (1) shall -
(a) specify the particulars of the
claim;
(b) invite any person who objects to
an award or other determination
allowing such claim;
to make a complaint to the Commission,
within thirty days of the publication of the
claim.
ANTIGLTA 12 The Public Utilities (Amendment) No. 8 of 1993.
AND
BARBUDA
Act, 1993.
(3) A public utility may, at the end of the
period of publication specified in subparagraph
(I), make aclaim in the prescribed form for an
award or other determination allowing such
changes in the existing tariffs and the date
such tariffs are to come into force.
Lodging 9. (1) Every complaint to the Commission
complaints. shall be in writing and may be made by the
complainant in person, or by his counsel or
any person authorised by him in writing in that
behalf.
(2) The complainant shall furnish the par-
ticulars of the grounds upon which the com-
plaint is made in the prescribed form.
Justifying claims. 10. (1) The Commission may, on the re-
ceipt of a claim or complaint on any matter for
determination, cause a copy thereof to be
served upon such persons as it considers inter-
ested in the claim or the complaint and invite
them to provide the Commission in writing
with such evidence and arguments in support
of or against making an award or other deter-
mination allowing such changes in the exist-
ing tariff.
(2) The Commission shall determine the
time and place for the parties concerned to
make their representation to the Commission.
(3) The Commission may require evidence
or arguments to be presented in writing and
may decide the matters upon which it will
hear oral evidence or arguments.
(4) All matters. brought before the Com-
mission shall be determined by a majority of
the members thereof.
Appearance of 11. Every party lo a matter before the
paaies. Commission is entitled to appear at the heas-
ing of the c o m i s s i o ~ ~ and may be repa~sented
No. 8 of 1993. The Pftblic Utilifies (Amendment 1 13 ANTIGUA
Act, 1993.
by counsel or any other person who, in the
opinion of the Commission, is competent to
assist such person in the presentation of his
case.
Powers of the 12. (1) The Commission shall, in exercis-
commission. ing its functions under this Act, have all such
powers as are vested in the High Court in
enforcing the attendance of witnesses and
examining them on oath, and to compel the
production of documents and to enforce its
orders.
(2) A summons signed by the Chairman of
the Commission shall have the same force and
effect as any formal process capable of being
issued in any action taken in the High Court
for enforcing the attendance of witnesses and
compelling the production of documents.
Recommendation. 13. (1) The Commission shall, at the end of
a hearing for the determination of a claim by
a public utility to increase the rate payable for
any service, submit to the Cabinet without
delay a recommendation of the tariffs ap-
proved by it and reasons for its recommenda-
tion.
(2) In the case of a complaint relating to
any other matter between a complainant and
the public utility, the Commission may -
(a) make an interim order or award
relating to the matter or give
direction in pursuance of the hear-
ing;
(b) discuss the matter or refrain from
further hearing or from deter-
mining the matter if it thinks that
the matter is trivial or vexatious
or that further proceedings are
not necessary or desirable in the
public interest;
AND
BARBUDA
ANTIGUA 14 The Public Utilities (Amendment) No. 8 of 1993.
AND
BARBUDA
Act, 1993.
(c) order any party to pay to another,
such costs and expenses, includ-
ing expenses of witnesses as are
specified in the order;
(d) generally give all such directions
and do all such things as are
necessary or expedient for the
expeditious and just hearing and
determination of the martter.
Transistional 14. (1) The Commission shall, on the corn-
provisions. ing into force of this Act, and as soon as it is
reasonably practicable, request any public
utility or a body or person holding alicence for
the provision of services under this Act or any
other law, to file with it within a specified
time, on aprescribed form, tariffs showing all
rates established by it.
(2) The Commission shall order such tariff
to be printed in bold letters and post up at a
conspicuous place in the offices of the public
utility, any post office and such other places
as may be specified by the commission."
Passed the House of Representatives Passed the Senate this 11th
this 25th day of January, 1993. day of February, 1993.
C. L. Murray,
Speaker.
B. T. Carrott,
President.
L. A. Dowe, L. A. Dowe,
Clerk to the House of Representatives . Clerk to the Senate.
Printed at the Government Printing Office, Antigua and Barbuda,
by James Adoplhus McKenzie Sebastian, Government Printer,
-By Authority, 1993.
8 G 2 . 9 3 [Price $5.751
