Amendments To The Law "on Regulators Of Public Services"

Original Language Title: Grozījumi likumā "Par sabiedrisko pakalpojumu regulatoriem"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/194033

The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on regulators of public services" to make the law "on regulators of public services" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2000, nr. 22; 2001, 11, 21; 2005, nr. 2. No; 2006, nr. 1; 2007; 2008, 15 No 3. no; 2009, no 2) follows: 1. Replace the entire Act (except for the transitional provisions) the word "Commission" (fold) with the word "Governor" (fold).
2. in article 2: express the second subparagraph by the following: "(2) the regulation of the public service as a business in the following sectors (hereinafter adjustable sectors): 1) energy;
2) electronic communications;
3) post;
4) rail transport;
5) municipal waste management;
6) water. "
turn off the third;
to make the fourth subparagraph by the following: "(4) The types of public services the provision of which requires to be controlled, adjustable sectors determined by the Cabinet of Ministers."
3. Make the text of article 3 by the following: "adjustable public services the provision of which is regulated under this Act, is the production of goods, provision of services and infrastructure (building or civil engineering solutions, as well as resources related to their use of complex, required for the production of goods or the provision of services) services sectors under the sectoral adjustment of special laws (public services)."
4. To exclude article 6, first paragraph, the words "or municipal".
5. Put the name of the article 7, first and second subparagraph by the following: ' article 7. The regulator (1) the Governor shall ensure that the public service sectors are adjustable in compliance with this law, as well as adjustable sectors special laws.
(2) Adjustable sectors creates a single regulator — the public service Regulatory Commission, which is overseeing the Economic Minister in a derived public person. "
6. Turn off the article 8.
7. Article 9, first paragraph: make the introductory paragraph as follows: "(1) the Governor shall perform the following functions:";
turn off paragraph 2, the words "(this function does not perform local Governor)";
Add to part with 10 and 11 by the following: ' 10) take the energy merchant objects and other objects of power supply under the operational control of the energy sector legislation;
11) hydroelectric waterworks structures safety and operational monitoring of conformity according to the law "on the premises of a hydroelectric waterworks" safety. "
8. Article 10: to supplement the first part after the word "information" with the words "irrespective of the degree of secrecy";
turn off the fifth and sixth.
9. Article 11: make the second paragraph as follows: "(2) the Governor in the performance of its functions are not subordinate to the State or municipal institutions.";
turn off the third;
to make the fourth subparagraph by the following: "(4) the regulatory administrative act issued under this Act may appeal to the administrative court. The administrative district court case as a Court of first instance of the three judges. Judgment of the Court of appeal, by an appeal in cassation. ";
to supplement the article with a fifth by the following: "(5) the application for administrative acts issued by the regulators of the cancellation of the recognition of the unenforceable or invalid submission in court does not suspend the operation of this administrative act."
10. Turn off the second part of article 14.
11. Replace article 15, first paragraph, the words "public organizations" with the word "associations".
12. To complement the chapter II with 15.1 article as follows: "article 15.1. Local advisory bodies (1) the Governor and local interests in the perspective of cross-cultural creates municipal advisory body.
(2) the municipal by-laws approved by the advisory bodies of the Governor's Council.
(3) municipal advisory body candidates nominated by members of the local Union of Latvia. "
13. in article 16: make the fourth paragraph as follows: "(4) the decision of the Governor on the issue of licences, the licences granted withdrawal (cancellation), the refusal to grant a licence, as well as on the amendment to the licence terms, if they apply to the public service, the term of the licence or the licence area, within 30 days after the adoption of the relevant decision shall be published in the newspaper" Latvian journal "and your website on the internet.";
turn off the sixth.
14. Turn off the article 18, third subparagraph, the introductory part, the words "informing the concerned Ministry or sector controlled the local government".
15. Article 19: express first and second subparagraph by the following: "(1) the public service tariffs, adjustable sectors of the public service shall be calculated in accordance with the tariff calculation methodologies and on his own initiative or at the request of the regulator the regulator calculated tariff, together with the draft tariff calculation project costs that make up those tariffs.
(2) the Governor shall assess the public service presented in the draft tariff calculated within 90 days of receiving it. If the regulator finds that tariff project is calculated wrong or unfounded, it can ask the public service providers to make the tariff conversion project. ";
turn off the third;
to make the seventh subparagraph by the following: "(7) the Governor assessed the draft tariff approved or rejected within 30 days of the matter.";
turn off the eighth, eleventh and a dsmit divp.
16. the express article 20 the last sentence by the following: "where a change in factors affecting tariffs, the Governor may propose a tariff revision."
17. Article 21 of the expression as follows: "article 21. Tariff transparency (1) Regulator of the tariff calculation methodology shall be published in the newspaper "Gazette" and its homepage on the internet 10 days after its discovery.
(2) the Governor shall determine the order in which the users may be familiar with the provider of the public service of the tariffs submitted projects, to submit their proposals and recommendations to the regulator and the public service. That procedure shall be published in the newspaper "Latvian journal" 10 days after its discovery.
(3) the public service provider tariff information of the calculated project 10 days after submission of the draft regulator publishes the newspaper "journal" or in at least one local newspaper. If a project concerns the specific administrative area users, public service provider shall provide the appropriate information for the municipality's homepage on the internet, if any.
(4) the Governor in certain tariffs within 10 days after the adoption of the relevant decision shall be published in the newspaper "Gazette", as well as at least one local newspaper. If certain tariffs affect the specific administrative area users, these tariffs shall submit to the Governor a municipality into its homepage on the internet, if any.
(5) the approved tariffs shall take effect not earlier than the 30th day following that of their publication.
(6) the application for the annulment of the administrative act, recognition of the unenforceable or invalid, the regulator and approved tariff, the Court does not suspend the submission of administrative act. "
18. off 23.
19. the express article 26, second paragraph, the second sentence as follows: "that records the total accounting records is separate."
20. Article 30: replace the second paragraph, first and second sentence, the words "the State controlled industries" with the words "adjustable sectors";
turn off third.
21. Article 31: make the second paragraph as follows: "(2) State fees for public service annual rate adjustment may not exceed 0.2 per cent of public services provided by the operators for the net turnover in the previous calendar year.";
Add to article 2.1 part as follows: "(21), which began in the public service, the State fee for the first year of operation of the same planned cost the public service in the form of net turnover during the first year of operation.";
to make a fifth by the following: "(5) a State fee for the regulation of public services administered by the Governor in accordance with the taxation laws and regulations governing."
22. Article 36: turn in the second paragraph, the word "State";
to supplement the article with the third part as follows: "(3) the Governor creates the necessary regional departments, taking into account the planning region."
23. Make the text of article 37 as follows: "The Board may appoint a citizen of Latvia, which has a corresponding higher education, knowledge and experience which provide the statutory tasks and who comply with the law" on State secrets "requirements that must be met in order to receive the special permission for access to State secrets."
24. Article 38: make the first part of paragraph 4 by the following: ' 4) to which the prosecution initiated for an intentional criminal offence; "
to supplement the first part of paragraph 5 with the following: "5) which have been identified as not complying with the law" on State secrets "requirements that must be met in order to receive a special permit for access to State secrets."
off in the third paragraph, the word "(Council)."
25. Make the text of article 46 as follows:

"(1) the cabinet shall determine the President of the Council and of the members of the Council.
(2) the Executive Council shall determine the remuneration of staff in the annual State budget provided for remuneration within the priācij apr. "
26. the transitional provisions be supplemented with 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 of the following paragraph: "12. the public service Commission to regulate 2009 November 1, taking over from the municipal or local Government of the regulators thought (councils) in the municipality of adjustment function controlled sectors.
13. local President of powers of the Governor are valid until December 31, 2009 but the powers of the members of the Council — to 2009 October 31st regardless of mandate a specific deadline. The municipal President of regulators to regulate public service related things handed to public service Commission Regulation to 31 October 2009.
14. Up to the date of entry into force of the public service Commission issued the methodology of energy, municipal waste management and water management sectors, the Cabinet of Ministers of 26 June 2001 No. 281 of the terms "public service tariff calculation methodology municipal adjustable sectors".
15. the licence, which is issued by the municipal Governor before the entry into force of the amendments to the law on local government regulators, in force until their expiry.
16. public service Regulatory Commission in accordance with this law, article 15.1 till 31 October 2009. to create a consultative body representing the interests of the municipality and the cross-cultural. The Union of the Municipalities of Latvia until 31 august 2009. advisory bodies to nominate members to the candidates.
17. If an application is submitted to the administrative district court for administrative law, regulators issued until 31 October 2009. a decision on the application shall be adopted, as well as the appearance of the proposed administrative and judicial decision in this case and in accordance with an administrative procedure law.
18. Amendment of article 37 of this law and article 38 of the first paragraph of point 5, which stipulates the requirements and restrictions for Council members and candidates with respect to compliance with the law "on State secrets", does not apply to those Council members who are appointed to the post prior to the entry into force of the amendments.
19. The Municipal Council (the Council) or District Council, which is the Municipal Council (the Council), municipal institutions, financial, property and obligations of the transferee until December 31, 2009 creating a municipal regulatory Commission of liquidation, the law prescribed eliminates local regulators governing the public service of the municipal administrative territory.
20. If local regulators have established a number of municipalities, the Municipal Council (the Council) or the County Council, which is the relevant municipal councils (Soviets), local government bodies, financial, property and obligations of successor, before the local regulators agree on Elimination of its conditions.
21. the liquidation Commission of the Local regulator to 2009 December 31 ensure that audited the municipal Governor's 2009 annual report and activity closing balance as of 31 October 2009 are prepared and submitted to the appropriate Municipal Council (the Council). Local government regulators President and Chief accounting officer authorized to sign in the appropriate local regulators, audited the annual report for 2009 and the closing balance sheet of the institution until 31 December 2009.
22. The municipal Governor of winding up the activities of the Commission are financed from the municipal budget for the regulators. 2009 duty on adjustment of municipal public services in sectors controlled securities in full in the budget and the municipality counts municipal regulators.
23. The Cabinet of Ministers pursuant to article 9 of this law, the first part of paragraph 10 and 11 to the 2009 September 1, submitted to the Parliament amendments to the energy law and the law "on the premises of a hydroelectric waterworks safety." "
The Parliament adopted the law of 11 June 2009.
President Valdis Zatlers in Riga V. 30 June 2009 Editorial Note: the law shall enter into force on 14 July 2009.