Public Utilities (CAP. 359

CHAPTER 359

T H E PUBLIC UTILITIES ACT

Arrangement of Sections
Section

1. Short title.

PRELIMINARY

2. Interpretation.

PART I

ESTABLISHMENT OF AUTHORITY AND VESTING
OFPROPERTY

3. Establishment and Incorporation of the Public Utilities
Authority.

4. Vesting of certain property rights and liabilities in the
Authority.

PART I1

RIGHTS POWERS AND DUTIES OF AUTHORITY

5. Right of Authority to supply electricity.
6. Right of Authority to provide telephone services.
7. Right of Authority to supply water.
8. Powers of Authority.
9. Power to delegate.

10. Powers of entry.

PART I11

FINANCIAL PROVISIONS

11. Power to borrow or raise capital.
12. Powers of the Authority to borrow from Government.
13. Application of Revenue.
14. Authorised Investments.
15. Tariffs.

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2 CAP. 359) Public Utilities

Section

16. Charges by agreement.
17. Accounting of Authority.
18. Cash deposits and payments.
19. Rules.
20. Annual Report.
2 1. Exemption from customs duty, consumption tax, income

tax, property tax and land tax.
22. Service contracts with Government.

PART IV

OFFENCES AND INJURIOUS ACTS

23. Injurious acts with intent to cut off supply.
24. Malicious or fraudulent dealings with electricity.
25. Wrongful and fraudulent practices.
26. Penalties in respect of other wrongful acts.
27. Occupier liable for wrongful user of service.
28. Felling trees within fifty feet of works.
29. Penalty for interfering etc. with telephone lines.
30. Indecent and offensive message not to be transmitted.
31. Secrecy with respect to telephone messages.
32. General offences with respect to water.
33. Selling water an offence.
34. Neglect to give notice of want of repair an offence.
35. Resisting or obstructing etc. an offence.
36. Offences by corporations.

PART V

MISCELLANEOUS

37. Power of Minister to give policy directions.
38. Power of Cabinet to act in interest of Antigua and

Barbuda.
39. Power to bring watercourses within, and to remove

watercourses and waterworks from the provisions
of this Act and to declare area to be a watershed.

40. Regulations by Minister.
41. Regulations by Authority.
42. Notices to be in writing.
43. Service of notices and documents.

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Public Utilities (CAP. 359 3

Section
44. Arbitration.
45. Validation and Indemnity.

FIRST SCHEDULE
SECOND SCHEDULE

PUBLIC UTILITIES

(4th July, 1973 .) 1011973.
1211973.
1611976.
711979.

1811989.

1. This Act may be cited as the Public Utilities Act.

PRELIMINARY

2. (1) In this Act- Interpretation.
< ( accountant" means the person appointed by the

authority as accountant under the provisions of the
Second Schedule and includes any person for the
time being performing the functions of the
accountant;

"apparatus" means any applicance used or which may
be used in connection with providing public utilities;

"Authority" means the Public Utilities Authority
established under section 3;

"Chairman" means the Chairman of the Authority
appointed by the Governor-General under the pro-
visions of the First Schedule and includes any per-
son for the time being performing the functions of
the Chairman;

"customer" means any person supplied or provided or
entitled to be supplied or provided with any public
utility;

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4 CAP. 359) Public Utilities

" customer's terminals" means the ends of the electric
line situate upon any customer's premises and
belonging to him, at which the supply of energy
is delivered from the service line;

"distributing main" means the portion of any main
which is used for the purpose of giving origin to
the service lines for the purposes of general supply;

6 ' electricity" or "electrical energy" or "energy" means
energy involving the use of electricity, electric cur-
rent or any like agency which may be produced
either by mechanical or chemical means and which
is generated, transmitted, supplied or used for any
purpose except the transmission of a message;

" electric line" means a wire or wires, conductor or other
means used for the purpose of conveying, transmit-
ting, or distributing electricity with any casing,
coating, covering, tube, pole or insulator enclos-
ing, surrounding, or supporting the same or any
part thereof, or any apparatus connected therewith,
for the purpose of conveying, transmitting or
distributing electricity;

< < financial year" means such period of twelve months
as the Authority with the approval of the Minister
may determine to be its financial year, so, however,
that the first financial year shall be the period com-
mencing with the commencement of this Act and
ending with such day as may be fixed by the
Authority with the approval of the Minister;

"functions" includes powers and duties;

"General Manager" means the person appointed by
the Authority as General Manager under the pro-
visions of the Second Schedule and includes any
person for the time being performing the functions
of the General Manager;

< 6 general supply" means the general supply of energy
to ordinary customers, but does not include the

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Public Utilities (CAP. 359

supply of energy to any one or more particular
customers under special agreement;

"land" means any land not being a street or portion
thereof;

"main" means an electric line laid down or erected in,
over, along, across or under any street, or public
place and through which energy may be supplied
or intended to be supplied, for the purposes of
general supply;

"Minister" means the Minister responsible for public
utilities; -

"private purposes" includes any purposes whatever to
which electricity may for the time being be
applicable, not being public purposes;

"public officer" shall have the meaning assigned to it
by the Constitution;

"public utilities" means services authorised under this
Act for supplying electricity, providing and main-
taining telephone services and telephones, and sup-
plying water; and "public utility" means any one
of such services;

"service line" means any electric line through which
energy may be supplied, or intended to be sup-
plied, to a customer's premises from any main or
transformer;

"street" includes any highway, whether over any bridge
or not, and any road, lane, footway, square, court,
alley or passage, over which the public have a right
of way; and the pavement of a street and all chan-
nels, drains and ditches at the side of a street shall
be deemed to be part of the street;

' 6 system" means an electrical system in which all the
conductors and apparatus are electrically connected
to a common source or sources of energy;

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6 CAP. 359) Public Utilities

L L water-course" means any pond, spring, stream, well,
water and water rights whether held together with,
or independently of, any land;

< L water-works" includes, wells, beds, pumps, dams,
reservoirs, cisterns, tanks, filters, catchments,
aqueducts, tunnels, sluices, conduits, mains, pipes,
stand-pipes, showers, valves, pumps, engines,
culverts, desalination plants, water treatment plants
and all machinery and appliances, lands, buildings
and things used for or in connection with the supply
of water constructed or maintained from public
funds or which after the commencement of this Act
shall be construed or maintained by the Authority;

"works" includes generating stations, sub-stations,
buildings, machinery, engines, transmission lines,
distributing mains, electric lines, poles, pillars,
street boxes, lamps, water-works, wells, dams, pipe-
lines, and any other works, apparatus, appliances,
matters or things of whatever description required
for the generation, transmission, transformation,
distribution, supply or use of energy.

(2) A reference in this Act to a Part or section or
Schedule shall, unless the contrary intention appears, be read
as a reference to a Part or section or Schedule of this Act;
and a reference in this Act to a subsection, paragraph or
subparagraph shall, unless the contrary intention appears,
be read as a reference to the subsection, paragraph or sub-
paragraph, as the case may be, of the section in which the
reference appears.

PART I

ESTABLISHMENT O F AUTHORITY AND VESTING
O F PROPERTY

Establishment
and
incorporation
the Public
Utilities
Authoritv.

3. (1) There is hereby established a body to be called
the Public Utilities Authority which shall be a body corporate
with perpetual succession and a common seal with power
to purchase, take, hold and dispose of land and other pro-
perty, to enter into contracts, to sue and be sued in its said
name and to do all things necessary for the purposes of this
Act.

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Public Utilities (CAP. 359 7

(2) The provisions of the First Schedule shall have effect First Schedule.
as to the constitution, members, committees, operation, pro-
cedure and meetings of the Authority and otherwise in rela-
tion thereto.

( 3 ) The seal of the Authority shall be authenticated in
the manner prescribed in the First Schedule and shall be
judicially and officially noticed.

(4) The provisions of the Second Schedule shall have Second Schedule.
effect as to the officers and employees of the Authority, their
appointment, dismissal and conditions of service and other-
wise in relation thereto.

-.

4. ( 1 ) Upon the date of coming into operation of this ~tt~;g;~o,rt,,
Act all lands, buildings, installations, equipment and all other rights and
forms of property, whether real or personal, and all interests liabilities in the

Authority.
therein, of whatsoever nature, belonging to the Government
in Antigua and Barbuda and used exclusively for the pur-
poses of-

(a) the Electricity Division;

(b ) the Telephone Department; and

( 6 ) the Water Division
shall become vested in the Authority

(2) Notwithstanding any of the provisions of this Act,
except with the prior written permission-

(a) of the Governor-General acting in accordance
with the advice of the Cabinet, the Authority shall not
dispose of by sale, lease, sub-lease, mortgage, easement,
or otherwise any land or interest in land vested in the
Authority;

(6) of the Cabinet, the Authority shall not dispose
of by sale, bailment, or otherwise, or turn to account,
any personal property or interest therein vested in the
Authority.

( 3 ) If any question shall arise under subsection ( 1 )
whether any land, building, installation, equipment or other
form of property was used exclusively for the purposes of
the Electricity Division, the Telephone Department or the

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8 CAP. 359) Public Utilities

Water Division, a certificate under the hand of the Minister
shall be conclusive.

(4) Upon the date of coming into operation of this Act
the benefits and burdens of any contract for or in connec-
tion with supplying or providing public utilities to which the
Government is a party (including the rights to recover and
receive all moneys due and payable to the Government) and
which subsists or is in force immediately before such date
of coming into operation, shall be deemed to have been
transferred from the Government to the Authority.

(5) Upon the date of coming into operation of this Act
every agreement as respects any public utility or related to
or connected in any way whatsoever with any public utility
(other than a contract referred to in subsection (4)) whether
that agreement is in writing or not, and every deed, bond
or other instrument as respects any public utility or related
to or connected in any way whatsoever with any public utility;
to which agreement, deed, bond or other instrument the
Government was a party or which affected the Government,
and whether or not of such a nature that the rights, liabilities
and obligations thereunder could be assigned, shall have effect
as if the Authority were a party thereto or affected thereby
instead of the Government and as if for every reference
(however worded and whether express or implied) therein
to the Government there were substituted in respect of
anything to be done on or after such date of coming into
operation a reference to the Authority.

(6) Any proceedings upon contract, agreement, deed,
bond or other instrument to which reference is made in
subsections (4) and (5) which are pending immediately before
the date when this Act comes into operation and to which
the Government was a party shall be continued as if the
Authority was a party thereto in lieu of the Government.

PART I1

RIGHTS POWERS AND DUTIES O F AUTHORITY

Right of 5 . (1) Subject to subsection (2) the Authority shall
Authority to
supply have the exclusive right to generate, distribute, supply and
electricity. sell electricity within Antigua and Barbuda and to perform

services incidental thereto.

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Public Utilities (CAP. 359 9

(2) The Authority may give written permission to any
person to generate and supply electricity at any place within
Antigua and Barbuda.

(3) Any person who generates, distributes, supplies or
sells electricity without the prior written permission of the
Authority shall be guilty of an offence and liable on sum-
mary conviction to a fine not exceeding three thousand dollars
or to imprisonment for a term not exceeding six months.

6. (1) The Authority shall have the exclusive right ~ ~ ~ O ~ f y
to establish, maintain and work telephone services, t&phone provide
lines and exchanges and telephones within Antigua and $$!,"r
Barbuda and to perform services incidental thereto.

(2) Any person who establishes, maintains or works any
telephone services, telephone line or telephone without the
prior written permission of the Authority shall be guilty of
an offence and liable on summary conviction to a fine not
exceeding fifteen hundred dollars or to imprisonment for a
term not exceeding three months.

(3) A person shall not be guilty of an offence under
subsection (2) if he installs, maintains or works a telephone
line on and within premises occupied solely by himself:

Provided that such telephone line shall not be connected
in any manner with any place or thing situate outside such
premises or with any place or thing which, although situate
on such premises, is not under the sole control and for the
exclusive use of such person.

7. (1) The Authority shall have the exclusive right : ~ ; ~ o ~ ~ y to
to supply, distribute, maintain and sell water within Antigua water.
and Barbuda and to perform services incidental thereto.

(2) Any person who supplies, distributes, maintains or
sells water with the intention of depriving the Authority of
its income, or of its rights under subsection (1) shall be guilty
of an offence and liable on summary conviction to a fine
not exceeding fifteen hundred dollars or to imprisonment
for a term not exceeding three months.

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10 CAP. 359) Public Utilities

Powers of
Authority. 8. ( 1 ) Subject to the provisions of this Act, the

Authority shall, for the purpose of carrying out its functions
under this Act, have power to do anything or to enter into
any transaction which in its opinion is calculated to facilitate
the proper discharge of its functions or is incidental or con-
ducive thereto.

(2) Without prejudice to the generality of the provisions
of subsection (1) the powers of the Authority shall include
powers-

(a) to do all acts and things necessary for develop-
ing, controlling, generating, distributing and selling elec-
tricity for public and private purposes;

(b) to undertake electrical wiring installation and
servicing of electrical equipment and to provide elec-
tricity to industrial, commercial and residential premises;

( 6 ) subject to subsection (3), from time to time to
cause standards together with fixtures and fittings and
other apparatus to be erected or placed, and electric,
telephone, and water lines to be laid and carried through,
across, over or under any street or, after reasonable
notice in that behalf to the owner or occupier, through,
over or under any land whatsoever, enclosed or
otherwise:

Provided that all such standards, fixtures, fittings and
other apparatus and electric, telephone and water lines shall
remain the sole property of the Authority and shall not be
deemed to become part of any freehold by reason of being
affixed thereto;

(d) subject to subsection (3), from time to time to
cause such lamp irons, lamp posts, standards or other
lighting apparatus to be put or fixed upon or against
the walls or palisades of any building or enclosure or
to be put up or erected in such other manner as shall
be deemed proper, and also to cause such number of
lamps of such sizes and kinds to be provided and affixed
and put on such lamp irons, lamp posts and standards
as are necessary for lighting the streets;

(e) subject to subsection (4), to cut and remove
from any street and to enter upon and to cut and remove
from any private or public lands any tree, or any branch,

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Public Utilities (CAP. 359 11

bough or other part of a tree growing on such lands
in such proximity to any main used for conducting elec-
trical energy or to any telephone structure or water lines
as to interfere with, endanger or otherwise prejudicially
affect the working of the Authority;

Cf) to set examinations for and issue licences to elec-
tricians and wiremen;

(g) to do all acts and things necessary for providing
and maintaining telephone services and telephones for
the use of the public in general;

(h ) to disconnect a customer's telephone line from
one exchange or group line and connect it with any &er
exchange or group line or party line;

(11 to make any alteration in a customer's telephone
line;

Q to alter a customer's telephone number and the
name of the exchange with which any customer's
telephone line is connected;

(k) to provide and maintain coin or hire collection
telephone instruments for the use of the public in
general;

(I) to do all acts and things necessary for the pro-
duction, distribution, supply and sale of water to the
public in general for domestic and commercial use;

(m) to establish, operate and maintain a sewage
system in Antigua and Barbuda;

(n) to control, manage, maintain, operate and
supervise all watercourses, and waterworks in Antigua
and Barbuda, and provide (so far as is practicable) an
adequate supply of water for the use of the public in
general;

(0) to construct or lay down any waterworks for
improving or augmenting the water supply;

@) whenever it may be expedient or necessary for
the purpose of conserving the water supply or for
extending, altering or repairing the waterworks or for
the purpose of connecting or repairing water services
or in the case of fire, to diminish, withhold, suspend

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12 CAP. 359) Public Utilities

or divert (without prejudice to the payment of charges)
the supply of water through the waterworks;

(q) to manufacture, import, export, buy, sell, col-
lect and generally deal in and with electrical, telecom-
munications, water and sewage system equipment of
every type.

(3) In the exercise of the powers given by paragraphs
(c) and (6) of subsection (2), the Authority-

(a) shall not be deemed to acquire any right other
than that of user only in or over the soil of any enclosed
and other land whatsoever through, over or under which
it places any of the works; and should any of the work
so carried through, over or under any such land become
a nuisance or the cause of loss to the owner of such land,
the Authority shall remove or alter such work or shall
give reasonable compensation as provided by
paragraph (6) of this subsection; and

(b) shall do no more damage than is necessary in
the circumstances and shall make full compensation to
any person interested for all damage sustained by him
by reason or in consequence of the exercise of such
powers. In the event of disagreement, the amount of
such compensation shall be determined by arbitration:

Provided that no compensation shall be payable in
respect of any right of user acquired under the authority of
paragraph (a) of subsection (3).

(4) In the exercise of the powers given by paragraph
(e) of subsection (2), the Authority-

(a) shall not, except with the consent of the
occupier, enter upon private lands until after the
expiration of seven days notice of the intended entry
to the occupier of such land; and

(b) shall make full compensation to the owner of
any tree so cut and for any damage suffered by the owner
or occupier in respect thereof and the amount of such
compensation shall in the event of disagreement, be
determined by arbitration.

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Public Utilities (CAP. 359 13

9. It shall be lawful for the Authority, with the Power to
approval of the Minister, to delegate to any person or body delegate.

of persons as its agents, any of the powers and duties con-
ferred on the Authority by this Act in relation to the carry-
ing out of any activity authorised under section 8.

10. Any officer, servant or agent of the Authority Powers of entry.
may, at all reasonable times, enter any premises to which
any public utility is or has been supplied under this Act for
the purpose of-

( a ) inspecting the electric lines, telephone lines,
telephones, accumulators, meters, pipes, fittings and
other apparatus belonging to the Authority; a

( 6 ) ascertaining the quantity of electrical energy
or water consumed or supplied; or

(c ) where the supply of any public utility is no
longer required, or, where the Authority is authorised
to discontinue, disconnect, stop the supply of any public
utility from any premises, removing any electric lines,
telephone lines, telephones, accumulators, meters, pipes
fittings and other apparatus belonging to the Authority:

Provided that the Authority shall repair all damage
caused by such entry, inspection or removal.

@

1-
PART I11

FINANCIAL PROVISIONS

1 . (1) The Authority may from time to time, with Power to borrow
or raise capital.

the approval of the Minister responsible for finance, bor-
row, secure or raise money by the issue of debentures or
debenture stock, or other security, for all or any of the follow-
ing purposes-

&
( a ) the provision of working capital;

( 6 ) the fulfilling of the functions of the Authority
under this Act;

(c) the provision of capital for the expansion of and
addition to, its fixed assets;

(d) the redemption of any debenture or debenture
stock or other security that the Authority is required
or entitled to redeem;

Powers of the
Authority to
borrow from
Government.

Application of
revenue.

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CAP. 359) Public Utilities

(e) any other expenditure properly chargeable to
capital account.

( 2 ) The Authority may, from time to time, borrow by
way of overdraft or otherwise such sums as the Authority
may require for meeting its obligations and discharging its
functions under this Act.

12. (1) The Authority may with the approval of the
Minister responsible for finance, from time to time borrow
by way of advances from the Government such sums as may
be necessary for carrying out its functions under this Act.

( 2 ) For the purpose of making advances to the Authority
under this section, the Minister responsible for finance may
authorise advances out of the proceeds of any loan raised
for the purpose or out of the reserve fund, revenues or surplus
balances of Antigua and Barbuda.

(3) Pending the raising of any such loan, the Minister
responsible for finance by warrant under his hand may
authorise the Accountant-General to make advances out of
the revenues of Antigua and Barbuda to the Authority in
such sums and on such terms and conditions as the Minister
responsible for finance may think fit for the purposes
authorised by this Act.

(4) The repayment of any such advances and the pay-
ment of interest thereon shall be made by the Authority in
like manner and on like conditions as borrowings by the
Authority, subject to any special terms and conditions which
may be stipulated with respect to any such advance by the
Minister responsible for finance upon the making thereof.

13. (1) The revenue of the Authority for any finan-
cial year shall be applied in defraying the following charges-

(a) the remuneration, fees and allowances of the
members of the Authority or of any committee thereof;

( b ) the salaries, fees, remuneration and gratuities,
including payments for maintenance of the Provident
Fund or Pension Fund authorised by this Act, of the
officers, or agents and employees, and technical and
other advisers, of the Authority.

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Public Utilities (CAP. 359 15

(c) working expenses, and expenditures on, or pro-
vision for, the maintenance of the property and of any
of the works of the Authority, and the insurance of the
same and the discharge of the functions of the Authority
properly chargeable to revenue account;

(4 interest on any debenture and debenture stock
or other security issued, and on any loan raised by the
Authority;

(e) sums required to be transferred to a sinking fund
or otherwise set aside for the purpose of making provi-
sion for the redemption of debentures or debenture stock
or other security or the repayment of other borrowed -
money;

Cf) such sums as it may be deemed appropriate to
set aside in respect of depreciation on the property of
the Authority having regard to the amount set aside
out of the revenue under paragraph ( e ) ;

e) any other expenditures authorised by the
Authority and properly chargeable to revenue account.

(2) The balance of the revenue of the Authority shall
be applied to the creation of reserve funds to finance f~lture
modernisation and expansion.

14. Funds of the Authority not immediately required tJ2::ds,
to be expended in the meeting of any obligations or the
discharge of any functions of the Authority may be invested
from time to time in securities approved by the Minister
responsible for finance for investment by the Authority.

15. (1) The price to be charged by the Authority for Tar'ffs.
public utilities supplied or provided by it to customers shall
be in accordance with such tariffs as may be fixed from time
to time by Order of the Cabinet after consultation with the
Authority.

(2) Such Order shall be published in the Gazette.

16. Notwithstanding the provisions of section 15, the ~~~;~~~
Authority may make any agreement with a customer as to
the price to be charged by it for supplying or providing any

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16 CAP. 359) Public Utilities

public utility and the mode in which such amount is to be
ascertained:

Provided that the amount so charged by the Authority
shall not exceed the limits of price authorised by section 15.

Accounting of
Authority. 17. (1) All decisions, orders, rules and regulations

relating to the financial operations of the Authority and
authorised by this Act shall be made by resolution of the
Authority at a meeting thereof and shall be recorded in the
minutes of the Authority.

(2) The Authority shall keep proper accounts and other
records in respect of its operations, and shall cause to be
prepared a statement in respect of each financial year.

(3) The accounts of the Authority shall be audited by
auditors to be appointed annually by the Authority.

(4) The Authority shall, before the commencement of
each financial year, submit to the Minister for the informa-
tion of the Parliament a copy of its income and expenditure
budget, in relation to such year. The Minister shall cause
copies of such budgets to be laid on the table of each Chamber
of the Legislature.

(5) After the end of each financial year, the Authority
shall, as soon as the accounts of the Authority have been
audited, cause a copy of the statement of accounts to be
transmitted to the Minister, together with a copy of any report
made by the auditors on that statement or on the accounts
of the Authority. The Minister shall cause a copy of every
statement and report to be laid on the table of each Chamber
of the Legislature.

(6) Notwithstanding any power of the Authority con-
ferred by this Act, where the Authority intends to embark
upon any programme for expanding its facilities and ser-
vices that will involve borrowing moneys upon the credit
of Antigua and Barbuda or that will require a longer period
than one year to complete, the Authority shall obtain the
approval of the Minister responsible for finance thereto before
incurring any liability in respect thereof.

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Public Utilities (CAP. 359

18. (1) All moneys of the Authority accruing from Cash deposits
its operations under this Act shall be paid into some bank and payments.
or banks appointed by resolution of the Authority, and such
moneys shall, as far as practicable be paid into the bank
from day to day, except such sum as the accountant may
be authorised by rules made under section 19 to retain in
his hands to meet petty disbursements for immediate
payments.

(2) All payments out of the funds of the Authority except
petty disbursements not exceeding a sum to be fixed by rules
made under section 19, shall be made by the accountant,
or on his behalf by any other officer appointed the
Authority, in accordance with any such rules.

(3) Cheques against any banking account required to
be kept or withdrawals from any savings bank account shall
be signed by the accountant and countersigned by the General
Manager or any member of the Authority or any officer of
the Authority appointed by resolution of the Authority for
the purpose, and any such resolution shall be certified by
the chairman and forwarded to the bank or banks concerned.

19. The Authority shall by resolution make rules in Rules.
respect of the following matters-

(a) the..manner in which and the officers by whom
payments are to be approved;

(b) the bank or banks into which the moneys of
the Authority are to be paid, the title of any account
with any such bank, and the transfer of one fund from
one account to another;

(c) the appointment of a member of the Authority
or an officer of the Authority to countersign cheques
on behalf of the General Manager or in the absence
of the General Manager;

(d) the sum to be retained by the accountant to
meet petty disbursements and immediate payments and
the maximum sum that may be so disbursed for any
one payment;

( e ) the method to be adopted in making payments
out of the funds of the Authority; and

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18 CAP. 359) Public Utilities

V) generally as to all matters necessary for the pro-
per keeping and control of the accounts and books and
the control of the finance of the Authority.

Annual report. 20. (1) The Authority shall as soon as practicable
after the end of each financial year, make and transmit to
the Minister a report dealing generally with the activities
of the Authority during the preceding financial year and con-
taining such information relating to the operations and policy
of the Authority as the Minister may from time to time direct.

(2) The Minister shall cause a copy of every such report
to be laid on the table of each Chamber of the Legislature.

Exemption from
customs duty,

21. (1) Notwithstanding anything in any other Act
consumDtion tax, contained, all plant, machinery, appliances, apparatus, equip-

' ment and maierials of every kind \hatsoev&imported-into
property tax and
land tax. Antigua and Barbuda bv the Authoritv for the purpose of

carr$ng out its function; under this ~ c t shall b' frek of all
customs duty and consumption tax or any other tax having
a similar effect, whatsoever.

(2) Notwithstanding anything contained in the Income
Cap. 212. Tax Act the income of the Authority shall be wholly exempt

from payment of income tax.

(3) Notwithstanding anything contained in the Property
Cap. 348. Tax Act the property of the Authority shall be wholly exempt

from payment of property tax.

(4) Notwithstanding anything contained in the Land
Tax Act all land vested in the Authority shall be wholly
exempt from payment of land tax.

Service contracts
with

22. The Authority may enter into contracts with
Government. Government for the supply of water, telephones, electricity

or sewerage.

LAWS OF ANTIGUA AND BARBUDA

Public Utilities (CAP. 359 1 9

PART IV

OFFENCES AND INJURIOUS ACTS

23. ( 1 ) Any person who- Injurious acts
with intent to

( a ) maliciously cuts or injures any electric line or
works of the Authority with intent to cut off any supply
of electrical energy;

( 6 ) maliciously causes any interruption to the
supply of electricity supplied by the Authority; or

(c) incites any other person to do any of the acts
mentioned in paragraphs ( a ) or ( b ) ,

shall be guilty of a misdemeanour and, on conviction on
indictment, be liable to imprisonment for a term not
exceeding two years.

(2) Nothing in this section shall exempt a person from
any proceedings for any offence which is punishable under
any other provision of this Act or under any other law:

Provided that no .person shall be punished twice for the
same offence.

24. Any person who maliciously or fraudulently Malicious or
fraudulent

abstracts, causes to be wasted or diverted, or consumes or dealings with
uses any electricity generated by the Authority shall be guilty electricity.
of an offence and liable on summary conviction to a fine
not exceeding fifteen hundred dollars or to imprisonment
for a term not exceeding six months.

25. (1) Any person who- Wrongful and fraudulent
(a) without the consent of the Authority lays, erects, practices.

or installs or permits to be laid, erected or installed any
conductor, and connects it with any conductor to which.
electrical energy is supplied under this Act;

( b ) in case the value of the supply of such electrical
energy is not ascertained by meter, uses any apparatus
or lamp other than that he has contracted to pay for,
or uses such apparatus or lamp at any time other than
the time specified and for which he has contracted to
pay; or

LAWS OF ANTIGUA AND BARBUDA

2 0 CAP. 359) Public Utilities

(c) improperly uses the supply of electrical energy
or supplies any other person with any part of the elec-
trical energy supplied to him,

shaJl forfeit to the Authority, a sum not exceeding three hun-
dred dollars for every such default, and also a sum not
exceeding three hundred dollars for every day such conduc-
tor shall so remain, or such apparatus or lamp shall be so
used, or such supply continued to be so furnished, without
prejudice to the right of the Authority to recover in addition
the amount of any damage suffered by it.

(2) The Authority may discontinue the supply of elec-
trical energy to the premises of any person who has committed
any of the acts mentioned in subsection (1) until the matter
complained of has been remedied, but no longer,
notwithstanding any contract previously existing.

(3) The amount of any forfeit or damage to which the
Authority is entitled under this section may be recovered
by it as a civil debt.

Penalties in 26. (1) Any person who wilfully, fraudulently, or by
respect of other
wrongful acts. culpable negligence-

(a) injures or permits to be injured any works of
the Authority;

(b) alters the index of any meter for ascertaining
the consumption of electrical energy, or prevents any
meter from duly registering the value of the supply of
electrical energy; or

(c) abstracts, consumes, or uses the electrical energy
of the Authority,

shall (without prejudice to any other right or remedy for the
protection of the Authority or punishment of the offender)
for every such offence or default forfeit and pay to the
Authority a sum not exceeding seven hundred and fifty
dollars, and the Authority may in addition thereto recover
the amount of any damage sustained by it.

(2) The Authority may discontinue the supply of elec-
trical energy to such person until the matter complained of
has been remedied, but no longer, notwithstanding any con-
tract previously existing.

LAWS OF ANTIGUA AND BARBUDA

Public Utilities (CAP. 359 2 1

(3) The existence of artificial or unlawful means for
causing such alteration or prevention (when such meter is
in the custody of the consumer) or for abstracting, consum-
ing or using the electrical energy supplied by the Authoritjl
shall be prima facie evidence that such alteration, abstraction
or consumption as the case may be, has been wilfully,
fraudulently or negligently caused or permitted.

(4) The amount of any forfeit or damage to which the
Authority is entitled under this section may be recoverable
by it as a civil debt.

27. If at any time after the supply of electrical energy occupier liable
for wrongful user

to any premises has been cut off by the Authority it be found
that the supply has been renewed without the order of the
Authority and that such electrical energy is being used by
any person, the occupier of such premises shall be deemed
(until the contrary is proved) to have authorised such user
and shall be liable on summary conviction to a fine not
exceeding three hundred dollars for each day the electrical
energy has been so used.

28. (1) It shall not be lawful for any person to trim,
cut, or fell any tree the trimming, cutting or felling of which works,
is likely to constitute a danger to any works unless he shall
have given to the Authority twenty-four hours previous notice
of such trimming, cutting or felling.

(2) Any person who contravenes subsection (1) shall be
liable on summary conviction to a fine not exceeding fifteen
hundred dollars or to imprisonment for a term not exceeding
six months.

29. Any person who- Penalty for
interfering etc.

(a) without authority interferes with any telephone
line or apparatus provided, maintained or installed by
the Authority;

(6) wilfully damages any such line or apparatus;

(c) prevents the transmission of, or causes delay
to, any telephone message; or

(d) intercepts or attempts to intercept any telephone
message,

LAWS OF ANTIGUA AND RARBUDA

Indecent and
offensive message
not to be
transmitted.

Secrecy with
respect to
telephone
messages.

General offences
with respect to
water.

CAP. 359) Public Utilities

shall be guilty of an offence and liable on summary convic-
tion to a fine not exceeding fifteen hundred dollars or to
imprisonment for a term not exceeding six months.

30. Any person who uses a telephone-
( a ) for the transmission of any message or

communication, which is grossly offensive or of an
indecent, obscene, or menacing character, whether
addressed to an operator or any other person; or

( b ) for the persistent making of telephone calls
without reasonable cause and for the purpose of caus-
ing annoyance, inconvenience or needless anxiety to any
other person,

shall be guilty of an offence and liable on summary convic-
tion to a fine not exceeding fifteen hundred dollars or to
imprisonment for a term not exceeding six months.

3 1. ( 1 ) A person employed by the Authority who per-
forms duties in connection with telephone services shall regard
and deal with all telephone messages and every information
connected therewith as secret and confidential.

( 2 ) Any such person who communicates or attempts to
communicate any telephone message or any information con-
nected therewith to any person-

( a ) other than a person to whom he is by duty
authorised to communicate such message; or

( 6 ) otherwise than for the purposes of this Act,

shall be guilty of an offence and liable on summary convic-
tion to a fine not exceeding fifteen hundred dollars or to
imprisonment for a term not exceeding six months.

32. ( 1 ) Every person who-
( a ) bathes in any watercourse or any part of the

waterworks; or

( b ) drives or permits or suffers any animal to be
driven into or to enter into any watercourse or into any
waterworks; or

(c) washes in or throws into or causes or suffers
to be washed in or thrown into any watercourse or water-

LAWS OF ANTIGUA AND BARBUDA

Public Utilities (CAP. 359 2 3

works any animal or the carcase or part of the carcase
of any dead animal; or

(6) puts or throws or causes or suffers to be put
or thrown into any watercourses or waterworks any rub-
bish, dirt or filth, or any foul or offensive or obnoxious
matter, whether solid or liquid; or

(e) washes or cleanses or suffers or causes to be
washed or cleansed in any watercourse or waterworks
any cloth, wool, leather or skin of any animal or any
clothes; or

V) causes or suffers the water from any sink, privy,
sewer, drain, engine or boiler or any foul or filthy water-
being and lying upon any land or premises, which is
under his management and control or under the
management and control of his servants or agents, to
run or flow into any watercourse or waterworks; or

(g) does or commits any other act or thing what-
soever whereby any water flowing to or from any water-
course or waterworks is fouled or polluted or the flow
thereof impeded or interrupted or the water improperly
abstracted or wasted; or

(h) without the consent of the Authority, diverts
or takes the water supplying or flowing into any water-
works; or

( I ) without the consent of the Authority, constructs,
alters or extends the service in his premises or connects
any tap on his premises with the distributory pipes of
the waterworks; or

without the consent of the Authority, does any
act whereby the water from any watercourse or water-
works is drawn off or diminished in quantity or wasted;
or

(k) wilfully moves, breaks or injures any lock, cock,
valve, tap, pipe or other appliance forming part of or
used in connection with the waterworks,

shall be guilty of an offence and liable on summary convic-
tion to a fine not exceeding fifteen hundred dollars or to
imprisonment for a term not exceeding six months.

LAWS OF ANTIGUA AND BARBUDA

2 4 CAP. 359) Public Utilities

(2) In proving interference with the due flow of water
from the waterworks or of any watercourse or the pollution
thereof, evidence may be given of repeated acts which
together caused such interference or pollution, although each
act taken by itself may not be sufficient for that purpose.

Selling water an
offence.

33. If any person whose premises are supplied with
water by the Authority sells to any other person any such
water he shall be guilty of an offence and liable on summary
conviction to a fine not exceeding three hundred dollars or
to imprisonment for a term not exceeding two months.

Neglect to give
notice of want of

34. Any person whose premises are supplied with
repair an offence. water by the Authority who suffers any stop-cock, pipe or

other waterworks on his premises to be out of repair, without
giving notice to the Authority, so that the water supplied
to him shall be wasted, shall be guilty of an offence and liable
on summary conviction to a fine not exceeding three hun-
dred dollars or to imprisonment for a term not exceeding
two months.

Resisting or
obstructing etc.,

35. Any person who obstructs, resists, molests or
an offence. assaults or who assists any person in obstructing, resisting,

molesting or assaulting any employee of the Authority or
any other person acting under the provisions of this Act shall
be liable on summary conviction to a fine not exceeding seven
hundred and fifty dollars or to imprisonment for a term not
exceeding three months.

Offences by
corporations.

36. Where an offence against any of the provisions
of this Act or any regulations made thereunder has been com-
mitted by a body corporate, every person who at the time
of the commission of the offence was a director, general
manager, secretary or other similar officer of the body cor-
porate, or was purporting to act in any such capacity, shall
be deemed to be guilty of that offence unless he proves that
the offence was committed without his consent or connivance
and that he exercised all such diligence to prevent the com-
mission of the offence as he ought to have exercised, having
regard to the nature of his functions in that capacity and
to all the circumstances.

LAWS OF ANTIGUA AND BARBUDA

Public Utilities (CAP. 359 25

PART V

MISCELLANEOUS

37. (1) The Minister may give to the Authority such Power of
Minister to give directions as to the policy to be followed by the Authority policy directions.

in the performance of its functions as appear to the Minister
to be necessary in the interests of Antigua and Barbuda and
the Authority shall give effect to such directions.

( 2 ) The Authority shall furnish the Minister with
returns, accounts and other information as he may require
with respect to the property and activities of the Authority
and shall afford to him facilities for verifying such informa-
tion in such manner and at such times as he may reasxably
require.

38. ( 1 ) Notwithstanding any other provision of this Power of Cabinet
to act in interest

Act, where the Cabinet is satisfied- of Antigua and
Barbuda.

(a) that there has been failure by the Authority to
comply with or to give effect to any direction or require-
ment of the Minister pursuant to section 37; or

(b) that with respect to any public utility, the
Authority is for any reason unable or unwilling to act
and that such conduct on the part of the Authority is
contrary to the interest of Antigua and Barbuda,

the Cabinet may assume the control and management of such
public utility 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.

(2) In the exercise of its functions under subsection ( 1 )
of this section, Cabinet may delegate any of its rights, powers
or duties or issue directions to such public authority, public
officer, committee or person as to Cabinet may seem fit in
the interests of Antigua and Barbuda.

(3) A notice published in the Gazette stating that the
Cabinet has acted in pursuance of subsection ( 1 ) of this sec-
tion shall be conclusive evidence of the assumption by the
Cabinet of the functions, rights, powers and duties mentioned
in that subsection and of the date of such assumption stated

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 359) Public Utilities

in the notice; and the Cabinet may in like manner by notice
published in the Gazette specify the termination of any such
assumption of control and management and the date thereof.

(4) For the avoidance of doubt, it is hereby expressly
declared that the assumption of control and management
by the Cabinet as provided for in this section shall be to
the exclusion of any other Authority, body or person what-
soever, or their agents; and such exclusion shall continue
until the publication of a notice of termination of control
and management as provided for in subsection (3) of this
section.

(5) This Act shall, for the purposes of this section, be
construed with such modifications, adaptations, qualifica-
tions and exceptions as may be necessary to bring it into
conformity with this section.

Power to bring
watercourses

39. The Authority may with the approval of the
within. and to Minister from time to time bv Order ~ublished in the Gazette
remove
watercourses and

and in at least one newspaper circulating in Antigua and
waterworks from Barbuda-
the provisions of
this A C ~ and to (a) declare that any watercourse shall be subject
declare area to
be a watershed. to the provisions of this ~ c t and thereupon the said pro-

visions shall apply accordingly;

(6) declare that the provisions of this Act shall cease
to apply to any watercourse or waterworks and
thereupon the said provisions shall cease to apply
accordingly;

( c ) where in their opinion the drainage or water
from any area flows or is conveyed to a watercourse
or waterworks, declare that area or any part of that area
to be a watershed.

Regulations by
Minister.

40. (1) The Minister after consultation with the
Authority may make regulations generally for giving effect
to the provisions of this Act and, without prejudice to the
generality of such power, may make regulations in respect
to all or any of the following matters, that is to say-

(a) the methods of determining the charges payable
by customers for the consumption or use of public
utilities;

LAWS OF ANTIGUA AND BARBUDA

Public Utilities (CAP. 359 27

( 6 ) the provision and hiring of meters and the
charges therefor;

(c) the conditions under which a supply of public
utilities may be discontinued, disconnected or stopped;

(4 the inspection of the property, both real and
personal, of the Authority;

( e ) the charges to be made for connecting to, or
installing on, premises public utilities or appliances used
or to be used in connection with public utilities;

(f) the system and mode of supply of electricity;

(g) the terms and conditions upon which telephsae
services and telephones may be used by the public;

(h) the proper working of telephone services,
telephone lines, telephones or telephone exchanges or
the inspection of premises where telephones exist or may
exist;

(i) the erection and use of coin or hire collection
telephone instruments;

Q the cleaning, maintenance, protection and
prevention of obstruction of watercourses and water-
sheds; and

(k) generally for securing the safety of persons and
property from injury from shock or fire or otherwise,
and the prevention of accidents.

(2) Regulations made under paragraph @ of subsec-
tion (1) may-

(a) authorise any employee of the Authority to cut,
fell, or burn any tree or underwood whatsoever grow-
ing or that shall grow within a distance of thirty feet
of any watercourse or watershed; and

( b ) prohibit within a distance of thirty feet from
any watercourse or watershed the cultivation of any land
or the depasturing or grazing thereon of any livestock.

(3) Any breach of regulations made under this section
shall be punishable on summary conviction by a fine not

LAWS OF ANTIGUA AND BARBUDA

2 8 CAP. 359) Public Utilities

exceeding one thousand dollars or to imprisonment for a term
not exceeding three months.

(4) Regulations made under this section shall be sub-
ject to negative resolution of the House of Representatives.

Regulations by 41. (1) The Authority may make regulations relating
the Authority.

to the following matters-

(a) the methods of making application for a supply
of public utilities;

(b) the time, place and manner for the payment
of moneys payable under this Act or any regulations
made thereunder and the mode of collection;

(c) the fixing and testing of meters;

(d) the protection of the property, both real and
personal, of the Authority;

( e ) the prevention of the misuse or waste of elec-
trical energy or water and the misuse of telephones;

(f) the conditions under which electrical fixtures
and fittings may be installed;

(g) the wiring of buildings and other structures sup-
plied or intended to be supplied with electricity;

(h ) the qualifications to be required and the
examination and licensing of electricians and wiremen;

(2) the forms of licences to be issued to electricians
and wiremen;

@ the fees to be charged in respect of the examina-
tion and licensing of electricians and wiremen;

(k) the prohibition of the installation of any
apparatus for the supply of electricity except by licenc-
ed electricians and wiremen;

(I) reslating the supply of water to customers;

(m) the prevention of waste, misuse and pollution
of water and the securing of the waterworks from injury
of any kind;

(n) the sanitary control of watersheds.

LAWS OF ANTIGUA AND BARBUDA

Public Utilities (CAP. 359

(2) Any breach of regulations made under this section
shall be punishable on summary conviction by a fine not
exceeding three hundred dollars.

(3) Regulations made under this section shall have no.
force or effect until they have been approved by the House
of Representatives and published in the Gazette.

42. Notices to be given under this Act or regulations Notices to be in
writing. made thereunder shall be in writing.

43. (1) A notice or other document required or per- S ~ ; f C ~ ~ ; ~
mitted by this Act or regulations made thereunder to be given
to or served on any person may be given to or served*
such person personally, or by leaving the same at his usual
or last known place of abode or business with some adult
person therein, or may be posted in a prepaid letter addressed
to such person at his usual last known place of abode or
business.

(2) Any notice or other document which is to be given
to any person as the owner or occupier of any land or other
premises may be addressed to him as the "owner" or
6 ' occupier", as the case may be, of the land or other premises
(naming them) and may be posted in some conspicuous place
on the land or other premises or, where the premises are
a building, may be left with some adult person in the building:

Provided that service shall not be effected in the man-
ner provided in this subsection if it would be practicable after
reasonable inquiry to effect service in any manner provided
in subsection (1).

44. Where any matter is by this Act or regulations Arbitration.
thereunder directed to be determined by arbitration, such
matter shall be determined by a fit and competent person
as arbitrator, to be agreed to by the parties to the arbitra-
tion, or failing such agreement by the parties, by arbitra-
tion in accordance with the provisions of the Arbitration Act. Cap. 33.

45. All acts, matters and things whatsoever done or Validati~n and
omitted to be done, in good faith, by the Government, the lndemn'ty'
Cabinet, the Public Service Commission, the Minister, any
public officer, or any person acting by and with the authority

LAWS OF ANTIGUA AND BARBUDA

30 CAP. 359) Public Utilities

of the same (hereinafter collectively called the said persons
and authorities) between the second day of January 1979
and the twenty-second day of June, 1979, (both days
inclusive) affecting, concerning or relating to public utilities
or to the Authority o r to the officers and employees of the
Authority, their appointments, dismissal, conditions of ser-
vice and otherwise, are hereby declared to be valid for all
intents and purposes whatsoever and each and every one
of the said persons and authorities liable to be legally pro-
ceeded against in respect of or in connection with all o r any
of the aforesaid acts, matters and things, unlawfully o r im-
properly done or omitted to have been done, are hereby freed,
acquitted, discharged and indemnified as well against the
Queen's Most Excellent Majesty, Her Heirs and Successors
as against all persons whatever, from such liability.

FIRST SCHEDULE Section 3 (2)
& 3 (3).

Appointment of 1. The Authority shall consist of nine persons to be
Commissioners. designated Commissioners, appointed by the Governor-General

from amongst persons appearing to him to be qualified by reason
of having had experience of and shown capacity in matters relating
to trade, law, finance, science, administration or labour relations.

Temporary 2. The Governor-General may appoint any person appear-
appointments. ing to him to have the qualifications necessary for appointment

under the provisions of paragraph 1, to act temporarily in the place
of any Commissioner in the case of the absence or inability to
act of such Commissioner.

Chairman. 3. (1) The Governor-General shall appoint one of the Com-
missioners to be the Chairman of the Authority.

(2) The Chairman shall keep the Minister fully informed
concerning the activities and business of the Authority and shall
furnish the Minister with such information as the Minister, acting
in his discretion, may request with respect to any particular mat-
ter relating to the activities and business of the Authority.

(3) The Authority may by instrument in writing direct that
subject to such conditions as may be specified in that instrument,
such of the functions of the Authority as may be so specified shall

LAWS OF ANTIGUA AND BARBUDA

Public Utilities (CAP. 359 3 1

(without prejudice to the performance of those functions by the
Authority) be performed by the Chairman.

(4) The Governor-General shall appoint one of the Commis-
sioners to be the Deputy Chairman of the Authority.

(5) In the case of the absence or inability to act of the Chair-
man the Deputy Chairman shall perform the functions of the
Chairman.

(6) In the case of the absence or inability to act of the Chair-
man and the Deputy Chairman the Governor-General may appoint
one of the remaining Commissioners to perform the functions of
the Chairman.

(7) In the case of the absence or inability to act at any mmting
of both the Chairman and the Deputy Chairman the remaining
Commissioners shall elect one of their number to act as Chair-
man at that meeting.

4. (1) A Commissioner shall, subject to the provisions of Tenure of office.
this Schedule, hold office for such period being not less than two
nor more than five years as may be specified in the instrument
appointing him, and shall be eligible for reappointment.

(2) The Governor-General may at any time revoke the
appointment of any Commissioners if he thinks it expedient so
to do.

5 . (1) Any Commissioner, other than the Chairman, may Resignation.
at any time resign his office by instrument in writing addressed
to the Governor-General and transmitted through the Chairman,
and from the date of the receipt by the Governor-General of such
instrument such Commissioner shall cease to be a Commissioner
of the Authority.

(2) The Chairman may at any time resign his office by
instrument in writing addressed to the Governor-General and such
resignation shall take effect as from the date of the receipt of such
instrument by the Governor-General.

6. The names of all Commissioners as first constituted and Publication of
every change in the membership thereof shall be published in the membership'
Gazette.

F
h 7. Each Commissioner shall make and subscribe an oath oath of

before the Governor-General that he will faithfully and to the best

LAWS OF ANTIGUA AND BARBUDA

3 2 CAP. 359) Public Utilities

of his ability, discharge the trust and perform the duties devolv-
ing upon him as such Commissioner.

Authentication of 8. (1) The seal of the Authority shall be authenticated by
seal and
documents. the signatures of the Chairman or one of the Commissioners

authorised to act in that behalf.

(2) All documents other than those required by law to be
under seal, made by, and all decisions of the Authority may be
signified under the hand of the Chairman or any member
authorised to act in that behalf or the General Manager.

Procedure and 9. (1) The Authority shall meet at such times as may be
meetings. necessary or expedient for the transaction of business, and such

meetings shall be held at such places and times and on such days
as the Authority shall determine.

(2) The Chairman may at any time call a special meeting
of the Authority and shall call a special meeting to be held within
seven days of a written request for that purpose addressed to him
by any two Commissioners.

(3) The Chairman or, in the case of the absence or inability
to act of the Chairman, the Deputy Chairman or the Commis-
sioner elected to act as Chairman in accordance with the provi-
sions of sub-paragraph (6) of paragraph 3 shall preside at the
meetings of the Authority, and when so presiding the Chairman,
Deputy Chairman or the Commissioner elected as aforesaid to
act as Chairman, as the case may be, shall have a casting vote only.

(4) The quorum of the Authority shall be five including the
Chairman or the Deputy Chairman or the Commissioner elected
to act as the Chairman as aforesaid.

(5) The decisions of the Authority shall be by majority vote.

(6) Minutes in proper form for each meeting shall be -kept
and shall be confirmed by the Chairman or Deputy Chairman,
as the case may be, as soon as practicable thereafter at a subse-
quent meeting. Certified copies of such minutes when so confirmed
shall be forwarded to the Minister.

(7) The Authority may co-opt any one or more persons to
attend any particular meeting of the Authority for the purpose
of assisting or advising the Authority, but no such co-opted per-
son shall have any right to vote.

LAWS OF ANTIGUA AND BARBUDA

Public Utilities (CAP. 359 33

(8) Subject to the provisions of this Schedule the Authority
may regulate its own proceedings.

(9) The validity of any proceeding of the Authority shall not
be affected on the ground-

(a) of the existence of any vacancy in the membership,
or of any defect in the constitution of the Authority or;

(b) of the contravention by a Commissioner of the pro-
visions of paragraph 14; or

(c) of any omission, defect or irregularity not affecting
the merits of the case.

-.
10. (1) The Authority may appoint a committee of the Power of

Authority to examine and report to it on any matter whatsoever f;$if'y to
arising out of or connected with any of its powers and duties under committees.
this Act.

(2) Any such committee shall consist of at least one member
of the Authority together with such other persons, whether members
of the Authority or not, whose assistance or advice the Authority
may desire.

(3) Where persons, not being members of the Authority are
members of a committee appointed under this paragraph, or where
any person is co-opted under the provisions of sub-paragraph (7)
of paragraph 9 the Authority may with the approval of the Minister
by resolution declare the remuneration and allowances of such
persons, and such sums shall be payable out of the funds and
resources of the Authority.

(4) The Authority may by resolution reject the report of any
such committee or adopt it either wholly or with such modifica-
tions additions or adaptations as the Authority may think fit.

1 . There shall be paid to the Chairman and other Com- Remuneration of
missioners such remuneration, if any (whether by way of salaries Commissioners'
or travelling or other allowances) as the Governor-General may
determine.

12. The funds of the Authority shall consist of such moneys Funds of the
as may from time to time be placed at its disposition for the pur- Authority'
poses of this Act by Parliament and such other moneys as may
lawfully be paid to or raised or borrowed by the Authority.

LAWS OF ANTIGUA AND BARBUDA

Protection of
Commissioners.

Declaration of
interest of
Commissioner.

Officer of
member of
Authority not
public office for
the purposes of
Chapter VII of
the Consitution.

Appointment of
employees and
establishment
and maintenance
of
superannuation
schemes.

Payment by
Authority to
Government in
respect of
emoluments and
pensions, etc.

CAP. 359) Public Utilities

13. (1) No action, suit, prosecution or other proceedings
shall be brought or instituted personally against any member of
the Authority in respect of any act done bonafide in pursuance
or execution or intended execution of this Act.

(2) Where any member of the Authority is exempt from liabili-
ty by reason only of the provisions of this paragraph the Authority
shall be liable to the extent that it would be if the said member
was a servant or agent of the Authority.

14. (1) It is the duty of a Commissioner who is in any
way directly or indirectly, interested in any contract or proposed
contract with the Authority to declare the nature of his interest
at the first meeting of the Authority at which it is practicable for
him to do so.

(2) A Commissioner shall not vote in respect of any contract
or proposed contract with the Authority in which he is in any
way interested, whether directly or indirectly.

15. The office of Commissioner shall not be a public office
for the purposes of Chapter VII of the Constitution.

SECOND SCHEDULE Section 3 (4)

1. (1) Subject to the provisions of this Act, the Authority
may appoint and employ at such remuneration and on such terms
and conditions as it thinks fit a General Manager, an accountant
and such other employees as may be necessary and proper for
the due and efficient administration, management and performance
by the Authority of its functions under this Act.

(2) The Authority may, with the approval of and subject to
such terms and conditions as may be imposed by the Governor-
General, provide for the establishment and maintenance of a Pen-
sion Scheme or a Provident Fund Scheme for the benefit of
employees of the Authority, and in every such scheme different
provisions may be made for different classes of employees.

2. (1) The emoluments of any public officer who is in the
service of the Authority shall, at the end of every month after
the commencement of this Act, be paid into the Consolidated Fund
by the Authority for the benefit of such public officers.

LAWS OF ANTIGUA AND BARBUDA

Public Utilities (CAP. 359 3 5

(2) The sums payable as contributions by Government under
the Social Security Act in respect of such public officers shall at Cap. 408.
the end of every month after the commencement of this Act be
paid into the Consolidated Fund by the Authority and such sums
shall be paid by Government into the Social Security Fund
established under the Social Security Act.

(3) The Authority shall, within three months after the end
of each financial year, pay to the Government in respect of such
public officers as a contribution to the pension and other rights
of such public officers under the Pensions Act such sum or sums Cap. 311.
of moneys as would have been due by Government in respect of
the accruing pension and other rights of such public officers under
the Pensions Act had such public officers not been in the service
of the Authority. -.

(4) In the event of the winding up or dissolution of the
~ u t h o i i t ~ any sums of money due under subparagraph ( I ) , (2)
or ( 3 ) shall rank as preferred debts.