S.L. 545.41 Art. 27Penalties and offences.          Cap. 387.

(1) Where duly authorised representatives of the distribution system operator are reasonably satisfied that an electricity meter and, or any apparatus which is part of the electrical installation or connection, has been tampered with, or that a customer or a person has obtained an unlawful connection, or that a customer or a person is responsible for the theft of electricity, the distribution system operator shall have the right to immediately access the meter and parts of the electrical installation or connection and:

(a) immediately suspend the connection to the meter, electrical installation or connection that was tampered with, or to the customer or person it determines has obtained the unlawful network connection or for the theft, until such time as the customer or person concerned settles all dues to the distribution system operator or, if such person disputes the allegation and, or the amount due as determined by the distribution system operator, until such time as the dispute is settled;

(b) require in writing from the customer or persons concerned payment of the amount which is calculated by the distribution system operator to be due to it for the supply of electricity obtained in the unlawful manner provided for in this regulation, which amount shall be based on a maximum period of five (5) years, with interests calculated on the basis of the rate established in regulation 20(4), and interest shall continue to accrue until all amounts due are settled;

(c) require in writing from the customer or persons concerned the additional payment of a settlement charge for potential damages suffered by the distribution system operator equivalent to two hundred percent (200%) of the amount due for the supply of electricity obtained in an unlawful manner;

(d) require in writing from the customer or persons concerned the charge due to the distribution system operator for the removal of the meter which has been tampered with and, where applicable, the re-installation of the meter; and

(e) where duly authorised representatives of the distribution system operator are reasonably satisfied that an electricity meter has been tampered with through the indication stickers or the security alarm, an administration fee as established in item 18 of the Sixth Schedule shall be due by the customer.

(2) The distribution system operator shall not be obliged to restore the connection until such time as all amounts payable are settled by the customer or persons concerned or until a written agreement acknowledging the amounts due to the distribution system operator and setting out a schedule for payment of such amounts, has been made with the distribution system operator. Where the amounts due to the distribution system operator are equal to, or in excess of five thousand euro (€5,000), the written agreement shall be in the form of a constitution of debt received before a notary public in Malta.

(3) The distribution system operator shall not be liable for any damages which may be incurred by the customer or persons concerned whilst undertaking any action required for removing the meter or other parts of the electrical installation, or any other action which is ancillary thereto.

(4) The findings in accordance with sub-regulation (1)(a)

and the sums due to the distribution system operator in accordance with sub-regulation (1)(b), (c) and (d) shall be served in writing to the customer or to the person concerned either by registered mail or by judicial letter, and any customer or person wishing to contest the findings or any amount due may file a claim in accordance with the

Fourth Schedule to the Arbitration Act:

Provided that any criminal proceedings that may be instituted against the customer or person concerned shall be independent of the procedures instituted under this regulation.

(5) In case of a repeat offender in that the said person had been found by the distribution system operator on one (1) previous occasion to be responsible for theft of electricity or of having obtained an unlawful supply of electricity in accordance with this regulation, the settlement charge to make good for any potential damages suffered by the distribution system operator shall amount to twice the charge which would have been due had the said offence been the first offence of such person.

(6) In the event that an offender is a repeat offender in that the said person had been found by the distribution system operator on at least two (2) previous occasions to be responsible for theft of electricity or of having obtained an unlawful supply of electricity in accordance with this regulation, the settlement charge to make good for any potential damages suffered by the distribution system operator shall amount to the charge which would have been due had the said offence been the first offence multiplied by the number of times that the offender was found responsible for theft of electricity or of having obtained an unlawful supply of electricity.

(7) Without prejudice to regulation 27(1), in the event that a meter is found broken, the replacement cost provided for in item 19 of the Sixth Schedule shall be due by the customer.

(8) Any person who, without reasonable excuse refuses to allow access to any premises occupied by such person to an officer or other person authorised by the distribution system operator for any purpose set out in regulation 18(1), or hinders or obstructs an officer or other person so authorised in the performance of any act permitted by regulation 18(1), shall be guilty of an offence against these regulations and shall be liable to a fine (multa) of not less than two hundred euro (€200) and not more than one thousand euro (€1,000) for each occasion on which refusal of access, hindrance and, or obstruction occurs.

FIRST SCHEDULE (regulation 24)