S.L. 545.1 Art. 88Tampered meters, theft of electricity and unregistered consumption.

(1) Where duly authorised representatives of the distribution system operator are reasonably satisfied that an electricity meter has been tampered with or that a consumer or a person has obtained an unlawful supply of electricity, or that a consumer or a person is responsible for theft of electricity, the distribution system operator shall have the right to:

(a) immediately suspend the supply of electricity to the relative meter that was tampered with or to the consumer or person it deems responsible for obtaining the unlawful supply or for the theft and to continue with the suspension until such time as the consumer or person responsible settles all dues to the distribution system operator or, if such person disputes the fact or the amount due by him, until such time as the dispute is settled; and

(b) demand in writing the payment, by the consumer or persons concerned, 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 mentioned in this regulation, which amount shall be based on a maximum period of five years, with interests calculated on the basis of the rate established by regulation 66(3), and interest will continue to accrue until all dues are finally settled; and

(c) demand the additional payment of a settlement charge for potential damages suffered by the distribution system operator equivalent to 200% of the amount due for the supply of electricity obtained in an unlawful manner; and

(d) demand the fee due to the distribution system operator for the removal of the tampered meter and where applicable the re-installation of an electricity meter; and

(e) refuse to restore the supply of electricity before all amounts due by the consumer as prescribed by paragraphs (a), (b), (c), and (d) have been paid or a written agreement for their payment has been made with the distribution system operator.

(2) The findings in terms of sub-regulation (1)(a) and the sums due to the distribution system operator in terms of sub-regulation (1)(b), (c) and (d) shall be served in writing to the consumer or to the person concerned either by registered mail or by official letter filed in court, and any consumer or person wanting to contest the findings or any amount due shall do so by filing a claim in the Arbitration Tribunal as provided for in Schedule IV to the Arbitration Act: Provided that the criminal proceedings that may be instituted against the consumer or person concerned under the Criminal Code or any other law, shall be independent of the above-

mentioned procedures, but no civil action for the recovery of the amounts due to the distribution system operator shall be instituted against the consumer or person concerned if such consumer or person concerned agrees to pay the distribution system operator the amounts due in terms of sub-regulation (1)(b) to (d): Provided further that the Chairman of the distribution system operator shall, in his absolute discretion:

(a) waive criminal proceedings against any person or consumer as aforesaid;

(b) for good and sufficient cause to be stated in writing, alter, vary or do away with altogether the effects of any provision of this regulation with respect to any individual consumer or person or any particular class of consumers or persons.

(3) In the event that an offender is a repeat offender in that the said person had been on a previous occasion already found by the distribution system operator according to the provisions of this regulation to be responsible for theft of electricity or of having obtained an unlawful supply of electricity, on the second offence 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.

(4) In the event that an offender is a repeat offender in that the said person had been on at least two previous occasions already found by the distribution system operator according to the provisions of this regulation to be responsible for theft of electricity or of having obtained an unlawful supply of electricity, 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 as aforesaid. FIRST SCHEDULE

Regulation 36(6)