Legislative Instrument 1661
L.1. 1661
PUBLIC UTILITIES (TERMINATION OF SERVICE)
REGULATIONS, 1999
In exercise of the powers on the Public Utilities Regulatory Commission Act, 1997 (Act 538) these Regulations are mae this 29th day of January 1999.
1, (1) Subject to these Regulations, a public untility may terminate the service it provides to a consumer where the consumer fails to pay for the bills for the service used for more than twenty-eight days from date of demand of payment;
(a) defaults on an agreed payment schedule for the service;
(b) defaults on an agreed payment schedule for the installation of the service;
(c) tampers or interferes with a meter or a public utility equipment or permits any person to damage any ot the public utility's installation or equipment;
(d) illegally connects the service or allows the service to be used in such a manner as to interfere with the supply to others;
(e) uses a service which was legally connected in an unauthorized manner;
(f) refuses to allow a public utility employee or agent to read a meter or check utility equipment when th public utility employee has followed the
prescribed procedures for obtainingaccess;or
(g) requests the termianiton himself.
(2) A public untility may also trminate a service it provides to a consumer without notice where any part of the apparatus or equipment connected with supply
to the premises of the consumer becomes defective or unsafe and disconnection becomes necessary for maintenance or repairs.
Conditions where termination prohibed
2. A public utility is prohibited from terminatin the service to a consumer where-
(a) the consumer has lodged a complaint with the public utility in respect of a disputed billl and has paid or continues to a reasonable amount;
(b) a complaint in respect of a disputed bill or meter reading is under investigation by the Commissions or a consumer service committee established
by the Commission and the consumer has paid or continues to pay a reasonble amount; or
(c) an unpaid billl is in the name or a previous occupant or owner and the current occupant of the premises did not use th service billed.
Notice to terminate service
3. (1) Except as other wise provided in thses Regulations, no public utility shall discontinue its service to a consumer unless it gives the consumer a written notice of termination of at least fourteen days before the date for termination of service
(2) A public utility may terminate a service without the notice under sub regulation (1) if the public utility finds that the service is being obtained by
the consumer illegallly or through tampered equipment and the public utility-
(a) has evidence that the condition was not inherited or that the consumer knew, or should have known, that he was not being fully billed for the
service; or
(b) has presented a written estimated bill for the service to a person at the premises and given notice that it will continue the service but the
notice may include a requirement for an immediate payment of fifty percent of the bill.
(3) A notice to terminate a service printed on bill of the consumer is adequate notice for the purpose of these Regualation.
Time when service may be terminated
(1) Subject to these Regulations a public utility may terminate the service to a consumer only between the hours of 8.00.am to 5.00 p.m from Monday to Thursday in the week except that no termination shall be effected-
(a) on a public holiday.
(b)at the time when the public utility is aware or ought to be aware that there is an issure of safety to people, animals or property; or
(c) during emergency situations on or related to the premises of the consumer.
(2) Notwithstanding sub-regulation (1), a public utility may terminate a service between the hours of 8.00 a.m to 5.00.p.m on Fridays provided the public utility has gacilites for reconnection on Saturdays.
Special protection for residential consumers
5. (1) Notwithstanding any provision of these Regulations to the contrary, the special protection provided under this regualtion shall apply as specified herein
(2) Where there is failure to pay a bill for service provided sto a consumer an the public utility is aware that the consumer and all adults living with him-
(a) are of the age of sixty-five or above; or
(b) are blind or disabled
The public utility shall contact the consumer and endeavor to agree on a payment arrangement with the consumer except that where such an arrangement cannot be arrived at or made, the public utility shall continue to provide the service for further period of thirtuy days from the date of any scheduled disconnection.
(3) At the end of thirty days, the public utility shall serve written notice on the owner or occupier of the premises and wait for at least seven days before terminating the serbvice.
(4) where in any circumstances relating to a consumer, a doctor issues certificate that a medical wmergency exists which will be aggravated by the lack of a utility service, the public shall continure to provide the service to the consumer for thirty days from the date of any scheduled disconnections.
(5) A certificate issued under sub regulation (4) may be renewed for an addition thirty days if the doctor explains why the lack or service would aggravate the medical emergency and the consumer has sufficintly demonstrated his inability to pay the utility bill.
(6) At the end of the first thirty days or the renewal period, the public utility shall serve written notice on the owner or occupier of the premises and wait at least seven days before terminating the service.
Special protection for non-residential consumers
6. (1) Notwithstandign any provision of these Regulations to the contrary, the special protection specified in this regulation shall apply to non- residential consumers.
(2) where premises are used as a hospital, health care facilily, old persons home, residential school or institution which provides car for disabled persons who are dependent or mentally retarded, and there is failure to pay for service provided, the public utility shall contact the consumer and endeavor to agree on a payment arrangement with the consumer.
(3) where such arrangement cannot be made, the utility shall contnue to provide the service for thirty days, from the date of any scheduled disconnection.
(4) At the end of the period of thirty days, the public utility shall serve written notice on a principal officer of the institution, which owns or occupies the premises before terminating service.
Reconnection of service terminated for non-payment
7. If a public utility terminates a consumer's service for non-payment, the public utility shall reconnect the service within twenty-four hours after payment of
(a) the full amount owed;
(b) reconnection charges; and
(c) other lawful charges related to the service.
Reconnection of service upon arrangement
8, (1) Without prejudice to regulation 7, service terminated by a public utility shall be restored as follows-
(a) if a consumer enters into a payment agreement with the public utility, the public utility shall reconnect the service within twenty-four hours of the consumer signing the payment agreement and making the required down payment.
(b) if the service was terminated because of a violation of any regulation by the consumer, the reconnection shall occure twenty-four hours after the consumer makes the request and the public utility company receives approptiate evidence that the violation has been corrected;
(c) if the service is terminated under sub reguation (2) of regulation 1, the utility shall reconnect the service within wenty-four hours of rectifying the defect or conducting the necessary maintenance or repairs; or
(d) if circumstances beyond the public utility's control prevent a required reconnection, service shall be restored within twenty-four hours after the circumstances cease to exist.
(2) The commission may order reconnection if sthe service was teriminated in error or where a complaint has been filed and the undisputed billing has been paid.
offices
9.(1) Subject to sub regulation (3) of this regulation any person who contravenes these regulation commits an offences and is liable on summary conviction to a fine not exceeding ¢5 million or imprisonment for a term not exceeding one year or to both.
(2) In the case of a continuing offence, an additional penalty not exceeding ¢100,000in respect of each day on which the offence continues after conviction may be imposed on the person
(3) Where the offence is committed by a public utility which is a body corporte or by a partnarship or other firm, every director or officer of that body corporate or any member of the partnership or frim or other lperson concerned with the management of th public utility shall aslo be guilty of an offence and shall on convition be liable to a fine not eceeding ¢ 10 million for the offence and shall addition be liable to the payment of compensation for any damage resulting fromm the breach unless he proves to the satisfaction of the court that-
(a) he exercised due diligence to secure compliance with the provisions of ot the Act; and
(b) the offence was committed without his knowledge, consent or connivance.
Interpretation
10. In these Regulation-
"Act" means Public Utilities Regulatory Commission Act, 1997 (Act 538);
"Commission" means Public Utiliies Regulatory Commission;
"public utility" has the same meaning as under the Act,
"reasonable amount"means-
(a) Where service has been provided for a period of 12 months or more, the amount based on average units used by the consumer over the previous 12month
(b) where service has been provided for less than a period of 12 months, the amount based on the average units used by the consumer for the period the service was providd; or
(c) where the service is new the based on 60% of the units used or estimate units used.
Consequential amendment
1. (1) The Electricity Corporation of Ghana (Electricity Power) Regulations, 1988(L.I.1366) is amended by the revocation of regulation 18
(2) The Water and Sewerage regulations, 1979(L.I.1233) is amended by the revocation of reguolation 16.
(3) The Water Charges Regulations, 1995(L.I. 1597) is amended by the revocation of regulation 2.
NANA (DR,) S.K.B. ASANTE Chairman,Public Utilities Regulatory Commission
Date of Gazette notification:5th February 1999.
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