Electricity Act (1964 Revision)

Section Interpretation Section In this Act, unless the context otherwise requires— " authorised undertaker " means a person authorised or required by any Act of Parliament— (i) to construct, maintain or repair any road or bridge or to carry out roadworks ; or (ii) to provide the public with a supply of gas or water, or with drainage or sewerage services; " board " means the Uganda Electricity Board reestablished under this Act; " bulk supply " means a supply of electricity to be used for the purposes of distribution; " case of emergency ", with reference to a right of entry on or to land or premises conferred under this Act, means a case in which the person requiring entry to the land or premises in question has reasonable cause to believe that circumstances exist which are likely to endanger life or property, and that immediate entry to the land or premises is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy; " consumer " means a person supplied or entitled to be supplied with electricity by the board ; " council " means the consultative council established under section 10 ; " distributing main " means the portion of any m...

Section Consultative council Section There is established a consultative council consisting of not more than twelve members to be appointed by the Minister of whom— Every member of the council (including the chairperson) shall vacate his or her office on the expiry of two years from the date of his or her appointment as member; but— The council shall be charged with the duties of advising the board and the Minister on— The board shall— not less than half shall be appointed to represent the interests of local authorities in the areas in which electricity is distributed under the provisions of this Act; and the remainder shall be appointed to represent agriculture, commerce, industry and the general interests of consumers of electricity or other persons interested in the development of electricity . The chairperson of the council shall be appointed by the Minister from among the members of the council . any member may at any time resign his or her office by writing under his or her hand addressed to the Minister ; the Minister may at any time terminate the appointment of any member if he or she is satisfied that it is in the public interest to do so; and any member on or after the ex...

Section Powers of Minister Section The Minister may, after consultation with the board , give to the board such directions of a general character as to the exercise and performance by the board of its functions under this Act as appear to the Minister to be requisite in the public interest, and the board shall give effect to the directions. In carrying out such measures of reorganisation, or such works of development, as involve substantial outlay on capital account and in the exercise and performance of its functions as to training, education and research, the board shall act in accordance with a general program settled from time to time in consultation with the Minister . The Minister may, after consultation with the board , give the board directions as to the use or disposal of any assets vested in the board which are not connected with the generation, transmission, distribution or supply of electricity or used by, let to or provided for those of its servants who are employed in or in connection with such generation, transmission, distribution or supply, and the board shall give effect to the directions. The board shall afford to the Minister facilities for obtaining information...

Section Tariffs and contracts Section The prices to be charged by the board for electricity to be supplied by it shall be so fixed as to enable the board to comply with section 7 and, subject to this section, the prices shall be— Tariffs fixed under subsection (1)— The board shall not enter into any contract— in accordance with such tariffs as may from time to time be fixed by the board after consultation with the council ; or where the tariffs in force are not appropriate owing to special circumstances, as may be agreed between the board and the consumer to whom the electricity is or is to be supplied. shall be so framed as to show, in addition to the prices to be charged, the principles on which the prices are fixed; shall be published in such manner as in the opinion of the board will secure adequate publicity for them; and may include a rent or other charge in respect of electrical fittings provided by the board on the premises of the consumer . to supply electricity to or take electricity from any person outside Uganda; or to provide a licensee with a bulk supply of electricity or to take a bulk supply of electricity from a licensee, The board , in fixing tariffs and making ag...

Section Funds and investment Section The board may— The board shall establish a general fund into which all monies received by the board shall be paid in the first instance, and out of which all payments by the board shall be made, except payments from a reserve fund established under this section. The board shall establish, maintain and make contributions to such other funds as may be necessary for the proper and efficient discharge of its functions and duties under this Act, and, in particular, shall establish and maintain and out of its profits make contributions to a reserve fund for the purpose of financing the expansion of its activities. The board may, with the approval of the Minister , establish, maintain and make contributions to any other fund which in its opinion is desirable for the proper and efficient discharge of its functions and duties under this Act. invest any monies which are in a fund established under this section, and which are not immediately required, in such investments and securities as are allowed by law for the investment of trust funds or, with the permission of the Minister for the time being responsible for finance, in any other investments, securit...

Section Borrowing powers of the board Section The board may— from time to time— with the consent of the Minister for the time being responsible for finance or in accordance with the terms of any general authority issued by the Minister for the time being responsible for finance, borrow temporarily, by way of bank overdraft or otherwise, such sums as it may require for meeting its obligations or exercising or performing its functions under this Act; and raise monies by way of loans; or issue stock, in such amounts and for such purposes and periods as Parliament may by resolution approve. The repayment of monies borrowed by the board and the payment of interest and of all charges connected with the borrowing shall be a liability of the board and shall be charged on its property, assets and revenues.

Section Accounts and annual report Section A person or firm shall not be appointed to audit the accounts of the board under subsection (1) unless he or she or, in the case of a firm, every partner in the firm— The board shall as soon as possible after the end of each financial year — The accounts of the board shall be subject to annual audit by an auditor appointed by the board and approved by the Minister . is a member of one or more of the professional bodies specified in the Fifth Schedule to the Accountants Act; or is otherwise qualified to audit the accounts of companies incorporated under the Companies Act. make to the Minister a report in such form as the Minister may direct on the exercise and performance by it of its functions during that year and on its future policy and programme; and deliver to the Minister a copy of its accounts audited in accordance with subsection (1). The Minister shall lay on the table of Parliament a copy of the report and accounts made and delivered to him or her under subsection (3).

Section Board’s rights in relation to the generation, etc. of electricity Section The conditions which the board may impose under subsection (2) may include conditions providing for— The board — Notwithstanding the other provisions of this section— subsection (1) shall not apply to a person who generates electricity for his or her own use if— Subject to this section, no person other than the board shall generate electricity or transmit, distribute or supply electricity to any other person. The board may, subject to such conditions not inconsistent with this Act and for such period as it thinks fit, grant a licence authorising any person to generate electricity for his or her own use or to generate or supply electricity for some other person’s use. the manner in which electricity may be supplied to any person; the amount to be charged for electricity supplied to any person; the keeping of accounts and their audit; and the keeping of records and statistics. may refuse to grant a licence under this section and may revoke a licence so granted; and shall, if requested to do so by the applicant or licensee, as the case may be, inform him or her of the reasons for any refusal or revocatio...

Section Reestablishment of the board Section Subject to this Act, the former board is reestablished under the same name. All lands, buildings, rights, monies, securities, credits, effects and all property of or to which immediately prior to the commencement of this Act the former board was seised, possessed or entitled and the benefit of all contracts entered into by the former board insofar as a benefit existed immediately prior to the commencement of this Act shall be vested in the board to the same extent and for the same estate or interest as they were previously vested in the former board to be held and enjoyed, sued for, recovered, maintained, dealt with and disposed of in accordance with this Act. The board shall in all respects be subject to and discharge all obligations and liabilities to which the former board was subject immediately prior to the commencement of this Act; and where any such obligation or liability was undertaken by the former board by virtue of any contract made by the former board , the contract shall be deemed to have been made by the board notwithstanding that it was entered into prior to the commencement of this Act. In this section, "former board " m...

Section Constitution of the board, etc. Section Subject to this section, the board shall consist of a chairperson and not less than five nor more than eight other members who shall— be appointed by the Minister ; be eligible for reappointment; and hold office for such period, being not less than two years, and subject to such conditions (including conditions as to payment by the board of salary or other remuneration), as the Minister directs at the time of appointment or, with the consent of the person appointed, at any time thereafter. The chairperson and members of the board shall be appointed by the Minister from persons appearing to the Minister to be qualified for membership by reason of their having had experience of and shown capability in electricity supply, local government or industrial, agricultural, commercial, financial, educational, scientific or administrative matters. The appointment of the chairperson or of any other member of the board may be terminated by six months’ notice in writing given by the Minister to the chairperson or the member, or by the chairperson or the member, to the Minister . The Minister may give general or special directions to the board relat...

Section Meetings and procedure of the board Section Subject to this section, the board shall regulate its own procedure. The board shall appoint a member of the board to be its deputy chairperson. The chairperson, or in his or her absence the deputy chairperson, shall preside at meetings of the board and shall have a casting as well as a deliberative vote. In the absence of the chairperson and the deputy chairperson from any meeting of the board , the members present shall elect one of their number to preside at that meeting, and the member so elected shall in respect of that meeting have the powers and perform the duties of the chairperson, except that he or she shall not have a casting vote. The quorum at a meeting of the board shall be three and, subject to the provisions of this section relating to the casting vote of the chairperson or deputy chairperson, every question before any such meeting shall be decided by a majority of the members present and voting. The board shall under the powers conferred by section 8 (1)(e) appoint and employ a secretary, who shall not be a member of the board .

Section Board to be body corporate, etc. Section Every document purporting to be— The board shall be a body corporate having perpetual succession and a common seal and may in its corporate name sue and be sued and, for and in connection with the purposes of this Act, may acquire, hold, manage and dispose of real and personal property, borrow and lend money, enter into contracts and perform such other acts as bodies corporate may by law perform. The seal of the board shall be authenticated by the signature of the chairperson of the board or some other member of the board authorised by the board to act for that purpose, and of the secretary to the board or some other person authorised by the board to act in that behalf. Any order or decision of the board may be signified on behalf of the board under the hand of the chairperson of the board , any other member of the board authorised by the board to act for that purpose or the secretary to the board . Any instrument or contract (other than an instrument or contract relating to land ) which, if executed or entered into by a person not being a body corporate, would not require to be under seal, may be executed or entered into on behalf o...

Section Functions of the board Section The functions of the board shall be— to generate, transmit, distribute and supply electricity and to establish, acquire, maintain and operate undertakings for that purpose; to secure, so far as practicable, the development, extension and cheapening of supplies of electricity ; to make such provision as appears to it to be appropriate, either by itself or in consultation with any other organisation, for advancing the skill of its employees by education, training or otherwise; to conduct either by itself, or jointly with any other person, research, experiments or trials for the improvement of methods of generation, transmission, distribution or use of electricity and incur such expenditure for the purpose as the board may think fit, and make contributions to the expenditure of any other person engaged on such research, experiments or trials with the object of achieving such improvements and of promoting the use of electricity ; and to perform any duty it is required to perform under this Act.

Section Revenue to exceed outgoings Section For the purposes of subsection (1), the words "the outgoings of the board properly chargeable to revenue account" mean all charges which in the normal conduct of business are proper to be charged to revenue account, including, in particular, proper provisions for— The board shall so perform its functions under this Act as to ensure that, taking one year with another, the revenues of the board exceed the outgoings of the board properly chargeable to revenue account. the depreciation or renewal of assets or the redemption of any loan raised by the board (whichever is the greater); and allocations to reserves.

Section General powers of the board Section Subject to this Act, the board may, for the purpose of exercising and performing its functions under this Act— The board may appoint a chief executive officer to the board who shall— supply electricity to, or take electricity from, any person inside or outside Uganda; make and recover charges for electricity supplied by it; acquire by purchase, lease or otherwise, construct, erect, maintain, alter or improve buildings, machinery, plant, transmission lines, distribution lines, mains, waterworks, reservoirs, canals, watercourses, railways, roads, bridges, pipe lines and any other apparatus or works; sell, let, exchange or hypothecate any buildings, machinery, plants, transmission lines, distribution lines, mains, waterworks, reservoirs, canals, watercourses, railways, roads, bridges, pipe lines and other apparatus or works which it has acquired, constructed or erected; appoint and employ such persons as it thinks fit, pay them such remuneration and allowances as it thinks fit, grant them such leave as it thinks fit, and dismiss them; provide for persons in its employ or their dependents by means of insurance with an insurance company or a p...

Section Acquisition of land Section Whenever any land or interest in land is required by the board , the board may— When any notice has been served on the Minister under subsection (1)(b)— In this section— if the land is alienated public land , acquire it by agreement with its owner; or if the land is unalienated public land , or if the board is unable to acquired it by agreement, notify the Minister that the land or the interest in the land specified in the notice is required by the board . if the land is unalienated public land , the Minister may, in his or her discretion, upon such terms as he or she may think fit to impose, make such arrangements with the Uganda Land Commission or the appropriate district land board as may be necessary to place the land at the disposal of the board ; or if the land is alienated public land , the Government may, in its discretion and if it is permitted by law so to do, acquire the land compulsorily and then make such arrangements with the Land Commission as may be necessary to place it, upon such terms as the Government may think fit to impose, at the disposal of the board . "alienated" in relation to public land has the same meaning as in the L...

Section Board’s duty to supply Section Where electricity is supplied by the board under subsection (1)— The Minister may make regulations prescribing the conditions on which the board shall make and continue to make available a supply of electricity if it is required to do so by the owner or occupier of premises situated more than one hundred yards from the nearest distributing main of the board , and, without prejudice to the generality of the foregoing, the regulations may— authorise the board — The board may refuse to give a supply of electricity to any premises if it is reasonably satisfied that— the electrical fittings on those premises — Subject to this Act, the board , on being required to do so by the owner or occupier of any premises , shall within a reasonable time make and continue to make a supply of electricity available to those premises , unless the premises are situated more than one hundred yards from the nearest distributing main of the board . Any requisition made under subsection (1) shall be in writing and shall specify the premises to which it relates and the maximum power required. the board shall provide any electric lines which may be necessary for the purp...

Section Supply for public lamps, etc. Section Subject to this section, the board , upon being required to do so by an urban authority exercising jurisdiction in an area in which the board is maintaining a general supply of electricity , shall within a reasonable time supply electricity in such quantities as may be necessary to any public lamps, traffic signals, traffic bollards or other street signs or apparatus maintained or operated by that authority. Where a supply of electricity is provided under subsection (1), the urban authority shall refund to the board , to such extent as may be agreed between the authority and the board , or, in case of disagreement, determined by the Minister , the cost of providing such electric lines as may be needed for the purpose of the supply.

Section Supply for temporary purposes Section Notwithstanding any other provision of this Act, where the board provides a consumer with a supply of electricity for purposes which are reasonably determined by the board to be temporary purposes, the consumer shall pay to the board the whole cost of providing and removing the electric lines necessary for the purposes of the supply.

Section Supply for stand-by purposes, etc. Section Notwithstanding any other provision of this Act, no person shall be entitled to demand or to continue to receive for the purposes of a stand-by supply only a supply of electricity from the board for any premises having a separate supply of electricity or a supply (in use or ready for use for the purpose for which the stand-by electricity is required) of gas, steam or other form of energy, unless he or she has agreed with the board to pay to it such minimum annual sum as will give it a reasonable return on the capital expenditure incurred by it in providing such stand-by supply and will cover other standing charges incurred by the board in meeting the possible maximum demand for those premises . Subsection (1) shall apply to supplies of electricity taken from the board on extraordinary occasions in like manner as it applies to supplies taken for stand-by purposes. Any dispute arising between the board and a consumer as to the application of this section to a particular case, or as to the sum to be paid under it, shall be determined by the Minister .

Section Maximum power Section Subject to subsection (2), the maximum power with which any consumer shall be entitled to be supplied shall be of such amount as the consumer may require to be supplied, not exceeding what may reasonably be anticipated as the maximum consumption on the consumer ’s premises . Where any consumer has required the board to supply him or her with maximum power of any specified amount, the consumer shall not be entitled to alter that maximum except upon reasonable notice to the board , and any expenses reasonably incurred by the board in respect of the service lines by which electricity is supplied to the premises of that consumer , or in respect of any electrical plant or electrical fittings of the board upon those premises , consequent upon the alteration, shall be refunded by that consumer to the board . Any dispute as to the sum to be refunded by a consumer to the board under subsection (2) shall be determined by the Minister .

Section Use of transformers Section If for the purpose of supplying a consumer the board has provided a separate transformer on the premises of the consumer , the board may (unless it is otherwise agreed in writing between the board and the consumer )— substitute for the transformer originally provided a transformer of the same or of a different capacity; and use the transformer originally provided or the substituted transformer, for the purpose of supplying other consumers, so long as such use does not prejudice or interfere with the supply to the consumer on whose premises the transformer is erected. Nothing in this section shall authorise the board to install a transformer which will extend beyond the limit of the site provided by the consumer without the consumer ’s consent. In this section, "transformer" includes switchgear, electric lines and ancillary apparatus.

Section Special fittings Section The board shall not be entitled to require the use by a consumer of any special form of electrical fittings , except as may be prescribed in regulations made under this Act. The provisions of this section shall not prejudice the operation of section 17 (5) or 32 .

Section Use of meters Section The value of the supply shall, except in cases where— the tariff which applies is of a kind which renders the use of a meter inappropriate; or it is otherwise agreed between the consumer and the board , Such meter or meters as may be required for the purpose of ascertaining the value of the supply shall be provided by the board subject to the payment by the consumer of such reasonable charges as may be fixed by the board . Every meter shall be of such construction and pattern, and be capable of ascertaining the value of the supply within such limits of error, as may be prescribed. Every meter shall be sealed by the board with a seal having its distinguishing brand or mark impressed on it; and the board may, in order to protect the meter, install suitable cutouts or other protective devices on the consumer ’s premises on the supply side of the meter, and may seal the cutouts or other protective devices with a seal having its distinguishing brand or mark impressed on it.

Section Removal, etc. of meters Section The board shall not remove, alter, adjust or readjust any meter in any premises unless— it does so with the consent of the consumer ; or it has given at least forty-eight hours’ notice of its intention to do so,

Section Correctness of meters Section Subject to this section, the register of a meter shall be conclusive evidence, in the absence of fraud, of the value of the supply . If any dispute arises between the board and a consumer as to the correctness of the register of a meter, that dispute shall be determined on the application of either party to the dispute by an electrical inspector ; and the decision of the inspector shall be final and binding on both parties. If an electrical inspector in determining a dispute of the kind mentioned in this section finds that the meter with which the dispute is concerned is registering incorrectly, that meter shall (in the absence of proof to the contrary) be deemed to have so registered from the date of the penultimate periodical meter reading which occurred before the dispute arose or, if there was no such reading, since the meter was installed.

Section Testing of meters Section The board shall— establish in such places as may be prescribed testing stations for the purpose of examining, testing and regulating meters; equip all testing stations so established with such standard or substandard instruments as may be prescribed; and maintain all such instruments in proper working order and cause them to be tested by such methods and at such intervals of time as may be prescribed.

Section Special reading of meters Section Where at the request of the consumer the board reads a meter at a time other than the time for the normal periodical reading of the meter, the board shall be entitled, in order to defray the cost to itself of the reading, to recover from the consumer such charges (not exceeding a maximum to be prescribed) as it thinks appropriate.

Section Notice to be given to the board prior to removal Section Twenty-four hours’ notice in writing shall be given to the board by every consumer before he or she quits any premises supplied with electricity by it; and, in default of that notice, the consumer so quitting shall be liable to pay to the board the money due in respect of that supply— up to such time as notice of removal is given; up to the next usual date for ascertaining the register of the meter or otherwise for determining the charges due to the board in respect of the premises ; or up to the date from which any subsequent occupier of the premises may require the board to supply electricity to the premises , Notice of the contents of subsection (1) shall be endorsed upon any demand note for charges for electricity . Nothing in this section shall invalidate any agreement entered into between the board and any consumer as to the period for which a supply of electricity shall be taken by the consumer .

Section Payments in arrear Section Where any person ceases to be a consumer in respect of any premises without paying the electricity charges, meter rent or other charges due by him or her, the board shall not be entitled to require from the next consumer in respect of the premises the payment of the arrears unless the new consumer has undertaken with the former consumer to pay or exonerate that consumer from the payment of the arrears or unless the former consumer is still resident on the premises .

Section Security for payment Section The board may, before or after it has given a supply of electricity to any premises , by notice in writing require the consumer within seven days after the date of the service of the notice to give to it sufficient security by cash deposit or otherwise for the payment of all monies which may become due to it in respect of the supply, if the consumer has not already given that security or if any security given has become invalid or insufficient.

Section Discontinuance of supply Section The board may discontinue the supply of electricity — to a consumer who— to any premises — Where the board is by virtue of this section authorised to discontinue a supply of electricity , it may cut or disconnect any electric line through which the supply is provided, and may refuse to reconnect the supply until— there have been paid to it— fails to pay any sum (not being the subject of a bona fide dispute) due from the consumer for electricity supplied to him or her by the board under this Act; but where the consumer has given to the board a deposit as security for a supply of electricity , the board shall not discontinue the supply unless the sum due to it for that supply exceeds the sum so deposited and payment of the sum due has been demanded; fails to pay any sum (not being the subject of a bona fide dispute) due from the consumer to the board under this Act otherwise than for electricity supplied to the consumer ; fails to give any deposit or other security which the consumer is required to give under this Act; makes any alteration or addition to his or her electrical fittings without notifying the board ; fails to give reasonable faci...

Section Failure to supply Section Subject to this Act— Nothing in this section shall— where the board makes default in supplying electricity to any consumer to whom it may be and is required to supply electricity under this Act, it is liable in respect of each default to a penalty not exceeding fifty shillings for each day on which the default occurs; where the board makes default in supplying electricity to any public lamps or other apparatus to which it may be and is required to supply electricity under section 18 (1), it is liable in respect of each default to a penalty not exceeding fifty shillings for each lamp or other piece of apparatus and for each day on which the default occurs. The penalties to be inflicted on the board under this section shall in no case exceed in the aggregate in respect of any defaults, not being wilful defaults on the part of the board , the sum of one thousand five hundred shillings for any one day; and in no case shall any penalty be inflicted in respect of any default if the court is of opinion that the default was caused by inevitable accident or force majeure or some other cause beyond the control of the board , or was of so slight or unimportan...

Section Maps and plans Section The board shall cause to be made on such a scale or scales as may be prescribed— plans of every urban area, and of any other area which may be prescribed, in which distributing mains have been laid or erected by it showing— Where a map or plan is made under the provisions of this section— the board shall, if required to do so by the Minister or a local authority , as the case may be, supply free of charge— a map or maps showing the route of all electric lines laid or erected by it for operation at or in excess of thirty-three thousand volts; and the position of all distributing mains; the depth below the surface of all underground distributing mains; and the position and depth below the surface of all underground service lines. the board shall cause that map or plan to be duly corrected once in every year so that it is accurate on the date of correction; every such map or plan, or a copy of it, marked with the date when it was made or, if it has been corrected, last corrected shall be kept by the board and shall at all reasonable times be open to inspection by any person; any person who inspects any such map or plan may take a copy of it; the board ma...

Section Entry on premises to ascertain quantity of electricity consumed, etc. Section Subject to section 54 , any duly authorised servant or agent of the board may at all reasonable times enter on any premises to which electricity is or has been supplied by the board — for the purpose of ascertaining the quantity of electricity consumed or supplied; in order to install, inspect, maintain, test or repair meters, electrical plant or electrical fittings ; or where a supply of electricity is no longer required or where the board is authorised under this Act to discontinue a supply, for the purpose of removing any meters, electrical plant or electrical fittings belonging to the board .

Section Wayleaves Section Subject to this Act, the board may— Before exercising any of the powers mentioned in subsection (1), the board shall serve notice in writing of its intention to do so— place any electric line below ground across any land , and above ground across any land not covered by buildings; for the purpose of supplying electricity to the occupier of premises which consist of a part and not the whole of a building, place any electric line or meter in, through or across any stair, passage or court providing a common means of access to the building, or elsewhere in or upon the building; and utilise any land , building, wall or bridge for the support of any electric line . in a case where the power is to be exercised on, in or in respect of any land , building, road , wall or bridge occupied, maintained or controlled by an authorised undertaker or a local authority , upon the authorised undertaker or local authority , as the case may be; in a case where the power is to be exercised on, in or in respect of any unalienated public land or any land , building, wall or bridge occupied, maintained or controlled by the Government (not being a case where subsection (2)(a) appli...

Section Power to cut trees, enter on land, etc. Section Subject to this Act, the board by its duly authorised servants or agents may— cut, lop, fell, burn or otherwise clear away any tree, shrub, hedge, underwood or grass, and any other kind of vegetation, to such an extent as may be necessary— enter on any land or premises and do such other things as may be necessary— Before exercising— Notwithstanding subsection (4)— for the purpose of preventing interference with the construction, erection, placing, maintenance, repair, alteration or removal of any electric line or with the transmission of electricity by any electric line ; for the purpose of preventing damage to any electric line by fire or otherwise, and ensuring access to the line; or for or in connection with the exercise of any of the powers conferred on the board under the other provisions of this section or of this Part of this Act; and for or in connection with the carrying out of any survey or other investigation which is preliminary or incidental to or connected with the exercise or the possible or intended exercise of any of the powers conferred on the board under this Part of this Act, or which is reasonably necessar...

Section Moving of lines, etc. Section An order of the kind mentioned in subsection (1) may— The Minister may, if he or she thinks fit, make an order requiring the board to alter the position of any of its electric lines or of any pole, strut or other support for an electric line , which has been placed on or in or affixed to any land , building, wall or bridge. be made either of the Minister ’s own motion or on the application of the owner, occupier or controlling authority of the land , building, wall or bridge to which it relates; be made subject to such terms and conditions (not, subject to subsection (2)(c), being pecuniary terms or conditions as to compensation) as the Minister thinks fit; and where it is not made of the Minister ’s own motion, may contain a provision requiring the person on whose application it is made to refund to the board the whole or a specified part of the cost of carrying out the order.

Section Power to break up roads, etc. Section Subject to this section and the other provisions of this Act, the board may, for the purpose of constructing, erecting, placing, maintaining, repairing, altering or removing electric lines or apparatus— The board , before executing any works (not being emergency works or minor works ) which necessitate the exercise of any of the powers mentioned in subsection (1), shall— Where the appropriate authority— The board shall not begin any works to which this section applies (other than emergency works ) unless— Where it executes works to which this section applies, the board shall— ensure at its own expense that— In the case of works to which this section applies being emergency works , the board — Where an appropriate authority— open and break up the soil and pavement of any road or bridge; and open or break up any sewer, drain or tunnel under such road or bridge. send to the person having the management or control of any road , bridge, sewer, drain or tunnel likely to be affected by the exercise of the power ( referred to in this section as the "appropriate authority") notice in writing of its intention to execute the works together with a...

Section Alteration of pipes, etc. Section The board may by notice in writing call upon any authorised undertaker permanently or temporarily to alter at the expense of the board the position of any pipe, wire or drain, except a main drain, controlled by the undertaker which is likely to interfere with the exercise of the board ’s powers under this Act, and any authorised undertaker may in like manner call upon the board permanently or temporarily to alter at the expense of the authorised undertaker the position of any electric line or apparatus of the board which may interfere with the exercise of the lawful powers of the undertaker. Where the party on which a notice of the kind mentioned in this section has been served does not within a reasonable time agree to carry out the alteration called for by the notice, the Minister on the application of the party serving the notice may, if he or she thinks fit and subject to such terms and conditions (not being pecuniary terms or conditions as to compensation) as he or she thinks fit, authorise the party serving the notice to make the alteration at its own expense. If the Minister is satisfied that as a result of the exercise by an authori...

Section Works which affect other lawful works Section Where in the exercise of its powers under this Act the board ’s works are likely to affect any lawfully placed sewer, drain, pipe or wire belonging to or controlled by an authorised undertaker , or where in the exercise of any lawful powers in relation to the laying of a sewer, drain, pipe or wire the works of any authorised undertaker are likely to affect any lawfully placed electric line or apparatus belonging to the board , then, subject to this section, the party executing the works (referred to in this section as "the operator") shall— In the case of emergency works the operator shall be deemed to have complied with the requirements of subsection (1) if— not begin any works until he or she has given to the party controlling or owning the sewer, drain, pipe, wire, line or apparatus likely to be affected by the works (hereafter in this section referred to as "the owner") notice of his or her intention to execute the works, including a plan showing the nature of the works and the place where he or she intends to execute them, and until seven days have expired from the date on which notice was given; during the execution of any...

Section Emergencies Section Subject to sections 39 and 41 , the servants or agents of the board may, in a case of emergency , enter on any land or enter any premises without giving notice to any person and by force if need be and there execute such emergency works as may be necessary in the circumstances.

Section Electrical inspectors Section Subject to any regulations which may be made under section 58 , it shall be the duty of an electrical inspector — The Minister may, by notice in the Gazette , appoint such persons as the Minister thinks fit to be electrical inspectors for the purposes of this Act. to inspect and test, whenever he or she thinks fit, the board ’s electrical plant and test instruments and the supply of electricity given by the board ; and to perform such other duties as may be imposed on him or her under this Act. An electrical inspector may charge in connection with the performance of his or her duties such fees as may be prescribed, and any such fee received by an electrical inspector shall be paid into the Consolidated Fund. A written report of an inspection or test carried out by an electrical inspector under this Act which purports to be signed by the inspector shall be presumed, until the contrary is shown, to have been made by the inspector and may be used in any legal proceedings as prima facie evidence of the result of the inspection or test; but where any report is so used the court may, if it thinks fit, cause its maker to be summoned to give oral evide...

Section Testing of board’s electrical plant Section Where an electrical inspector tests any of the board ’s electrical plant — he or she shall give to the board reasonable notice of his or her intention to carry out the test, together with a sufficient indication of the nature and scope of the test; he or she shall carry out the test at such hours as will in his or her opinion least interfere with the supply of electricity by the board ; he or she shall not without the written authority of the Minister be entitled to have access to or interfere with the board ’s mains at any points other than those at which the board has reserved for itself access to those mains; the board shall not be held responsible for any interruption in the supply of electricity which may be occasioned by or required by the electrical inspector for the purpose of the test; and he or she shall not without the written authority of the Minister test any particular portion of electrical plant more than once in any period of three months.

Section Testing on consumer’s premises Section An electrical inspector , if and when required to do so by any consumer , shall, on payment by the consumer of such fee as may be prescribed, test the variation of voltage at which electricity is supplied by the board to the consumer or make such other inspection and testing of the electrical plant of the board upon the consumer ’s premises as may be necessary for the purpose of determining whether the board has complied with this Act. Where an electrical inspector carries out a test under this section, he or she shall as soon as may be after the completion of the test make and deliver a written report of the results of that testing to the person by whom he or she was required to make the test, and to the board . If the board or any person to whom a report has been delivered under subsection (2) is dissatisfied with the report, it or he or she may appeal to the Minister against the report, and thereupon the Minister shall inquire into and decide upon the matter of the appeal, and the Minister ’s decision shall be final and binding on all parties. If a report made under this section or the Minister ’s decision on it shows that the board...

Section Test instruments Section On such of its supply premises as may be prescribed, the board shall set up and keep such suitable and proper instruments of such pattern and construction as may be approved by the Minister , and shall take and keep recorded such observations as may be prescribed. On such of its supply premises as are not for the time being prescribed under subsection (1), the board shall provide and maintain proper facilities for setting up and connecting instruments of the kind mentioned in that subsection. The board shall keep in efficient working order all instruments which it is required under this section to place, set up or keep on its supply premises , and any electrical inspector may examine and record the readings of those instruments. Any record made by the board or an electrical inspector under the provisions of subsection (1) or (3) shall be receivable in any proceedings as evidence of the observations and readings recorded in it, and any observations and readings so recorded shall be presumed to be correct until the contrary is shown. In this section, "supply premises " means premises from which the board supplies electricity by any distributing mains.

Section Inspector’s power of entry, etc. Section Subject to section 54 , an electrical inspector may at all reasonable times in the execution of his or her duty under this Act enter the premises of any consumer and enter on any land across which any electric line of the board has been placed. An electrical inspector shall have the right to have access at all reasonable times to the premises of the board for the purpose of testing the electrical plant and test instruments of the board , and ascertaining if they are in order, and in case they are not in order the inspector may require the board forthwith to have them put in order. The board may be represented by its servants or agents whenever an electrical inspector inspects or tests its electrical plant or test instruments under this Act, but those servants or agents shall not interfere with the inspection or testing.

Section Board to give facilities for testing Section The board shall afford all facilities for the proper execution of the provisions of this Act relating to inspection and testing and the readings and inspections of instruments and shall comply with all the requirements of this Act in that behalf; and in case the board makes default in complying with any of the provisions of this section, it is liable in respect of each default to a penalty not exceeding five hundred shillings, and to a penalty not exceeding fifty shillings for each day on which the default continues.

Section Accidents Section In this section, "accident" means accident by explosion or fire, and any other kind of accident likely to cause loss of life or personal injury, which— As soon as may be after the occurrence of any accident, or of any loss of life or personal injury caused by such accident, becomes known to the board , the board shall give notice in writing thereof to the Minister . The Minister may appoint any electrical inspector , or any other person the Minister thinks fit, to inquire and report as to the cause of any accident (whether or not he or she has received notice of the accident from the board ) or as to the manner and extent in and to which the provisions of this Act have been complied with in matters relating to and connected with the accident. Any person appointed under subsection (2) who is not an electrical inspector shall for the purposes of the appointment have the powers of an electrical inspector . If the board makes default in complying with subsection (1), it is liable for each default to a penalty not exceeding five hundred shillings. has occurred in or in connection with any electrical plant or electrical fittings of the board , or in or in connec...

Section Defective plant, etc. Section If at any time it is established to the satisfaction of the Minister that— any electrical plant of the board is defective so as not to be in accordance with this Act; the board is supplying electricity otherwise than in accordance with this Act; or the board is carrying out any work, or generating, transmitting, distributing or supplying electricity , in a manner which is or is likely to be dangerous to the public safety, the Minister may, by The Minister may, in any notice of the kind mentioned in subsection (1), forbid the use of any electrical plant from a specified date until the requisition contained in that notice has been complied with; and if the board makes use of any such electrical plant when its use is so forbidden, it is liable to a penalty not exceeding five thousand shillings for each day during which the use continues.