Electrical Workers and Contractors Licensing Act

(CHAPTER 89)

(Original Enactment: Act 13 of 1974)

REVISED EDITION 1985

(30th March 1987)

An Act to provide for the licensing of electrical workers and electrical contractors.

[1st January 1975]

Short title

1. This Act may be cited as the Electrical Workers and Contractors Licensing Act.

Interpretation

2. In this Act, unless the context otherwise requires —

“Board” means the Public Utilities Board constituted under section 3 of the Public Utilities Act [Cap. 261];

“electrical contractor” means a person —

(a)	who, in the course of or in connection with or for the purposes of any trade or business carried on by him, performs or carries out any electrical work on any electrical installation or who offers to perform or carry out such work or who causes or arranges such work to be performed or carried out; or
(b)	who, for profit or reward, offers his services to other persons as an electrical contractor;

“electrical installation” includes a supply installation and means any appliances, wires, fittings or other apparatus placed in, on, over or under any premises and used for or for purposes incidental to the conveyance, control or use of electricity supplied or intended to be supplied by the Board or any other person, and whether the appliances, wires, fittings or apparatus are or are not supplied by the person contracting or undertaking to install the same, and includes additions, alterations and repairs to an electrical installation, but does not include —

(a)	any electricity supply main or service line of the Board;
(b)	any appliances, wires, fittings or apparatus connected to and beyond any electrical outlet socket which is installed for the purpose of connecting portable electrical appliances, fittings or apparatus and at which fixed wiring terminates; or
(c)	any appliances, wires, fittings or apparatus which are placed in, on, over or under any premises owned or occupied by the Board and which are not used for the consumption of electricity on such premises or solely for purposes incidental to the conveyance or control of electricity as consumed;

“electrical work” means any work performed or carried out on any electrical installation and includes the installing, constructing, erecting or repairing thereof or the altering of the structure thereof or the replacing of any part thereof or the adding of any part thereto or the carrying out of any work thereon for the maintenance thereof, but does not include work in relation to —

(a)	the manufacturing of any electrical installation or the assembling thereof in the course of or in connection with its manufacture for the purpose of producing a new article; or
(b)	the oiling, greasing, cleaning or painting of any electrical installation;

“electrical worker” means any person whose trade or occupation requires or includes the personal performance by him of electrical work or a person who is otherwise competent or qualified personally to perform electrical work;

“licence” means any licence issued by the Board under this Act;

“licensed”, in relation to —

(a)	an electrical worker, means a person who is the holder of a current licence permitting him to perform personally such electrical work as is specified in his licence; and
(b)	an electrical contractor, means a person who is the holder of a current licence permitting him to carry on trade or business as an electrical contractor in respect of such electrical work as is specified in his licence;

“supply installation” means the whole of any plant or apparatus under one ownership or management, designed for the supply or use, or both supply and use, as the case may be, of electricity (other than electricity supplied or used for the transmission of any communication or signal) including any machine supplying mechanical energy to a generator, with all necessary plant, buildings and land in connection therewith, pipelines, supply lines and consuming apparatus, if any.

Administration and delegation of authority

3.—(1) This Act shall be administered by the Board.

(2) For the purpose of the administration of this Act, the Board may delegate any of its authority, powers, duties or functions under this Act to any committee consisting of such number of members as the Board thinks fit or to any member or officer of the Board.

(3) Any such delegation may be made either generally or for any particular purpose and may be revoked or altered by the Board.

(4) Any committee, member or officer of the Board acting within the scope of any such delegation shall be deemed to be the Board for the purposes of this Act.

(5) The Board, any committee or any member or officer of the Board shall not be held personally liable to any person in respect of any act done or decision or determination made in good faith in the course of administering this Act.

Powers of Board

4. Subject to this Act, the Board may —

(a)

issue, suspend, cancel, alter, extend, renew or replace any licence;

(b)

classify any licence as an “electrical worker’s licence” or as an “electrical contractor’s licence” or in such manner as it determines;

(c)

specify —

(i)	the nature of the electrical work in respect of which a licence is issued and restrict such work to any type or class of electrical work or any type or class of electrical installation; or
(ii)	the circumstances or manner in which the holder of a licence may perform or carry out electrical work;

(d)

attach any exemptions to any licence or impose any terms, conditions or restrictions thereon; or

(e)

do any act or thing which is prescribed or is necessary or convenient for carrying out the objects of this Act or incidental thereto.

Restrictions on licences

5.—(1) Subject to this Act —

(a)	an electrical worker’s licence or any class or type thereof shall not entitle the holder thereof to do any act or thing for which a person is required to be licensed as an electrical contractor under this Act; and
(b)	an electrical contractor’s licence or any class or type thereof shall not entitle the holder thereof to do any act or thing for which a person is required to be licensed as an electrical worker under this Act.

(2) A person may at the same time hold both an electrical worker’s licence and an electrical contractor’s licence under this Act.

Prohibitions

6.—(1) Except as provided by this Act, no person shall —

(a)	perform or carry out personally any electrical work or offer or undertake to perform or carry out personally any such work unless he is licensed as an electrical worker in respect of that electrical work;
(b)	advertise or otherwise hold himself out as an electrical worker, or as a licensed electrical worker, or as a person competent or qualified or legally permitted personally to perform or carry out electrical work, unless he is licensed as an electrical worker in respect of that electrical work;
(c)	carry on any trade or business, or advertise, or otherwise hold himself out, as an electrical contractor unless he is licensed as an electrical contractor in respect of all electrical work performed or carried out or intended to be performed or carried out in the course of or in connection with or for the purposes of his trade or business; or
(d)	cause or arrange for any electrical work to be performed or carried out or offer or undertake to perform or carry out such work unless he is licensed as an electrical contractor in respect of all electrical work carried out or intended to be carried out pursuant to that arrangement, offer or undertaking.

No person to connect electrical installation with an electrical installation of Board

(2) No person shall, except with the consent of the Board —

(a)	make any connection with wires or by other means between an electrical installation and any electrical installation of the Board; or
(b)	tamper or interfere in any way with any electrical installation of the Board.

(3) Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both.

Cases in which person can recover damages on illegal contract

7. Nothing in this Act or any other law shall prevent —

(a)

a person who enters into any contract in contravention of this Act, but without knowledge of the fact that the other party to the contract (being the person undertaking to perform or cause to be performed any electrical work) is not licensed as required by section 6, from recovering from that unlicensed party such damages for any breach of contract as may have been recovered if this Act had not been enacted; or

(b)

a licensed electrical worker or licensed electrical contractor who is employed by or makes a contract or sub-contract with another person without knowledge of the fact that that person is not licensed as an electrical contractor as required by section 6, from recovering from that unlicensed person any wages, any sum agreed under any contract, any reasonable remuneration for work done or materials supplied by that licensed electrical worker or electrical contractor, as the case may be, or such damages for any breach of contract as may have been recovered if this Act had not been enacted.

Savings in certain cases

8. Notwithstanding any other provisions of this Act, but subject to any other written law, it shall not be unlawful for —

(a)	a person to replace any lamp not being any lamp belonging to the Board;
(b)	a person to replace any fuse in premises used for residential purposes, not being a fuse belonging to the Board;
(c)	an officer or employee of the Board to perform or carry out personally any electrical work in the course of his employment or duties as such officer or employee;
(d)	the Board to do any act or thing on or in connection with its own electrical installation; and
(e)	a person, other than an electrical worker, whose trade or occupation normally includes the performance of work on any appliance, plant or machinery driven, or operated by, or incorporating any electrical installation, to perform or carry out that work in the normal course of his trade or occupation or for purposes incidental thereto, so long as he does not perform or carry out work on any part or circuit which is, or may be, connected to a source of electricity supply.

Evidentiary provision

9. In any proceedings for an offence under this Act a certificate purporting to be signed by the General Manager of the Board, or by the person performing the duties of the General Manager for the time being, and stating that any person described in the certificate is or is not licensed under this Act, shall be sufficient evidence of the matters stated in the certificate.

Fraud

10. Any person who wilfully or fraudulently procures or attempts to procure for himself or for any other person a licence under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, and any person who knowingly aids or assists therein shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both.

Jurisdiction

11. Any offence punishable under this Act or any regulations made thereunder may be tried by a District Court or a Magistrate’s Court.

Exemption of persons and electrical installations

12.—(1) The Board may, with the approval of the Minister by notification in the Gazette, exempt —

(a)	any person, body of persons, association, company or statutory board from all or any of the provisions of this Act or any regulations made thereunder; and
(b)	any electrical installation from all or any of the provisions of this Act if it is of the opinion that such exemption is desirable in the public interest.

(2) An exemption under subsection (1)(b) may specify the electrical installation exempted —

(a)	specifically;
(b)	by reference to a class or type of electrical installation;
(c)	by reference to the area in which the electrical installation is situated; or
(d)	in any other manner.

Board may make regulations

13. The Board may, with the approval of the Minister, make any regulations, not inconsistent with this Act, which may be necessary or convenient for carrying this Act into effect or for facilitating the operation or administration of this Act and, without in any way limiting or restricting the generality of the foregoing, may make regulations prescribing —

(a)	the class or classes of licences to be issued under this Act, the form and duration of licences, the terms and conditions upon which and the circumstances in which licences may be issued, held, suspended, cancelled, altered, extended, renewed or replaced and the fees payable in respect thereof;
(b)	the qualifications and other requirements required of applicants and the examination or testing of applicants for licences under this Act and the fees payable in respect of such examination or testing and the circumstances in and conditions on which applicants may be exempted from such examination or testing;
(c)	a register to be kept of all licences issued under this Act, the particulars to be entered in the register and for the publication of the names of holders of licences;
(d)	the manner in which the Board may exercise its powers and carry out its duties under this Act; and
(e)	fines not exceeding $2,000 or imprisonment not exceeding one year or both for contraventions of the regulations.

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