Public Utilities (Amendment) Bill

Bill No. 14/1974

Read the first time on 25th March 1974.
An Act to amend the Public Utilities Act (Chapter 211 of the Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —
Short title and commencement
1.  This Act may be cited as the Public Utilities (Amendment) Act, 1974 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of section 2
2.  Section 2 of the Public Utilities Act (hereinafter in this Act referred to as “the principal Act”) is hereby amended by deleting the expression “section 46” appearing in the definition of “licence” therein and substituting therefor the expression “Parts V and VA”.
Amendment of section 19
3.  Section 19 of the principal Act is hereby amended —
(a)by inserting immediately after the word “consumers” appearing in the sixth line of subsection (3) thereof the words “or for the conservation of electricity supplies or for such other reasons affecting the public interests”;
(b)by inserting immediately after subsection (3) thereof the following new subsection: —
(4)  Where any person operates an electrical or supply installation without a licence issued under Part V of this Act the Board may forthwith cut off the supply of electricity to that electrical or supply installation.”;
(c)by deleting the expression “or (3)” appearing in subsection (4) thereof and substituting therefor the expression “, (3) or (4)”; and
(d)by renumbering subsections (4), (5) and (6) thereof as subsections (5), (6) and (7) respectively.
Repeal and re-enactment of Part V
4.  Part V of the principal Act is hereby repealed and the following substituted therefor: —
PART V
LICENSED ELECTRICAL AND SUPPLY INSTALLATIONS
Interpretation
45.  In this Part, unless the context otherwise requires —
“authorised officer” means an officer authorised by the Board for the purposes of this Part;
“electrical installation” 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, whether such appliances, wires, fittings or apparatus are or are not supplied by the person contracting or undertaking to instal 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 which are not used for the consumption of electricity on such premises or solely for purposes incidental to the conveyance or control of electricity so consumed;
“electrical worker” means a person who is licensed as such under the Electrical Workers and Contractors Licensing Act, 1974;
“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.
Licence required for use of electrical or supply installation
46.—(1)  No person shall —
(a)use, work or operate or permit to be used, worked or operated any electrical or supply installation; or
(b)supply to or for the use of any other person electricity from any electrical or supply installation,
except under and in accordance with the terms of a licence expressly authorising such use or supply, as the case may be.
(2)  Such licence may be granted by the Board on payment of such fee, if any, as may be prescribed.
(3)  A licence shall not be transferred without the consent of the Board.
(4)  A licence shall be subject to such conditions as may be prescribed and to such further conditions, if any, as may be imposed and endorsed on the licence by the Board.
(5)  A licence may be for such period as the Board may approve.
(6)  In every licence for the use of a supply installation there shall be set out —
(a)the area of supply;
(b)the declared voltage frequency and the variations permitted thereon;
(c)the maximum charges payable by consumers; and
(d)such other matters as the Board may consider desirable.
Supply lines and other apparatus on State land
47.—(1)  Subject to the approval of the Commissioner of Lands and to such conditions as the Commissioner of Lands may impose, a licence for a supply installation may extend to authorising the licensee to lay, place or carry on, under or over State land to the extent and in the manner specified in the licence, such supply lines, and to erect and maintain in or upon State land such posts and other apparatus as may, in the opinion of the Board, be necessary or proper for the purposes of the supply installation and, subject always to the approval of the Commissioner of Lands, such authorisation may be given or added to at any time during the currency of the licence by endorsement thereon.
(2)  All apparatus placed in or upon State land which is not removed therefrom within six months, or such longer period as the Commissioner of Lands may permit, after the expiration or earlier determination of the licence under the authority of which the apparatus was so placed, shall vest in and become the property of the Government.
Licensing of electrical and supply installation
48.—(1)  No electrical or supply installation shall be operated unless it is licensed under the provisions of this section.
(2)  Every application for a licence to operate an electrical or supply installation shall be made to the Board in such form as the Board may direct.
(3)  A licence shall be surrendered by the licensee to the Board for cancellation if the electrical or supply installation is no longer required to be used. Thereafter, if the licensee wishes to operate the electrical or supply installation again, it shall be treated in all respects as if it were a new electrical or supply installation.
(4)  A licence may be suspended or revoked in accordance with regulations made under section 63 of this Act.
Exemptions
49.  The Board may, by notification in the Gazette, exempt from all or any of the provisions of this Part —
(a)any electrical or supply installations owned and operated by the Board, the Government or any statutory authority;
(b)any electrical or supply installations used exclusively for domestic purposes;
(c)such other electrical or supply installations as the Board may consider desirable.
Control by electrical worker
50.—(1)  A licensee shall employ or appoint such class or classes of electrical workers as the Board may direct to operate or to be in charge of or to control any electrical or supply installation and no other person shall operate or be in charge of or control such electrical or supply installation.
(2)  Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars and, if the contravention is continued, to a further fine not exceeding one hundred dollars for every day or part thereof during which the contravention is continued after conviction.
Inspection of electrical or supply installations
51.—(1)  A licensee shall cause an electrical or supply installation to be inspected at such intervals as the Board may deem necessary.
(2)  An inspection referred to in subsection (1) of this section shall be carried out by such class or classes of electrical workers as the Board may direct.
(3)  On completion of the inspection a certificate as to the fitness of the electrical or supply installation for licensing purposes shall be issued by the electrical worker who carried out the inspection.
Restriction of use to specified purposes
52.  A licensee who is, by the conditions of his licence, restricted to using or supplying electricity for specified purposes only, shall not use or supply electricity for any purpose other than those so specified.
Procedure in case of defect in an electrical or supply installation
53.—(1)  Any electrical worker appointed to operate or to be in charge of or to control an electrical or supply installation who becomes aware of a defect therein and every licensee who becomes aware of a defect in an electrical or supply installation shall forthwith make good or remove the defect or make a report thereon to the Board.
(2)  In the event of a report being made to the Board, the Board may by notice in writing posted on the premises where the electrical or supply installation is installed or working, or served upon the licensee or the electrical worker who is appointed to operate or to be in charge of or to control the electrical or supply installation, require the defect to be made good or removed within such period as may be specified in the notice, and in such case the electrical or supply installation shall not be operated or used after the expiration of that period unless the defect has been made good or removed to the satisfaction of the Board:
Provided that, if the Board is of the opinion that the defect is likely to cause immediate danger, it may, by notice posted or served as aforesaid, forthwith suspend the operation and use of the electrical or supply installation until the defect is made good or removed and in such case the electrical or supply installation shall not be operated or used so long as the notice of suspension remains in force.
(3)  The Board shall not be liable for any loss or damage caused to any person by the suspension of the operation and use of any electrical or supply installation or by the suspension or cancellation of a licence under this section.
(4)  Any person who contravenes or fails to comply with any of the provisions of subsection (1) or (2) of this section shall be guilty of an offence under this Act.
Suspension and revocation of licence
54.—(1)  The Board may in its discretion require that, before the issue of any licence, such security as it may specify shall be furnished for the due observance of the terms and conditions of the licence and of the provisions of this Act and any regulations made thereunder.
(2)  A licence may at any time be suspended or revoked by the Board on breach of any of the conditions thereof or for non-compliance with any of the provisions of this Act, the Electrical Workers and Contractors Licensing Act, 1974 or any regulations made thereunder respectively, or in default of payment of any money due, or if the licensee ceases to work or operate any electrical or supply installation in respect of which the licence was granted.
(3)  The licensee shall not be entitled to compensation for any loss caused to him by the suspension or revocation of a licence under this section.
Existing electrical or supply installations
55.  All electrical or supply installations which have been operated or the construction of which has been completed or begun before the date of the coming into operation of the Public Utilities (Amendment) Act, 1974 shall be subject to this Act and the regulations made thereunder.
Electrical interference with signalling processes or circuits
56.  If the Board is satisfied that the working or operation of any electrical or supply installation causes electrical interference with any radiocommunication, telecommunication, telegraph, telephone or other electrical signalling process or circuits, owned or operated by or on behalf of the Government or by any person licensed under the provisions of the Telecommunication Authority of Singapore Act, 1972 (Act 2 of 1972), the licensee shall be called upon to abate the interference and if, within a period of fourteen days or such longer period as is considered reasonable by the Board in any particular circumstances, the interference has not been effectually abated, the Board may order the cancellation of the licence and prohibit the working or operation of the electrical or supply installation.
Compliance with regulations
57.—(1)  A printed copy of the regulations made under this Part shall be posted up in a prominent position in every premises to which they apply and a copy thereof shall be supplied free of charge by the licensee to any electrical worker or person affected thereby who may apply for it.
(2)  The licensee and all his agents, electrical workers and persons affected thereby shall comply with all such regulations.
(3)  In the event of any breach of such regulations, the Board may by written order prohibit the use of any electrical or supply installation until the regulations are complied with and every such order shall be immediately complied with by the person concerned.
Entry into premises
58.—(1)  Subject to the provisions of subsection (2) of this section, an authorised officer may enter upon any premises in or upon which any electrical or supply installation may be, at all reasonable hours of the day and also at any time when the electrical or supply installation is in operation.
(2)  The authorised officer seeking to enter any premises under the powers conferred by subsection (1) of this section shall carry, and shall produce on demand, an official identification card or badge in such form as the Board may direct, and no person shall be obliged to admit to his premises any person purporting to be an authorised officer except upon production of such identification card or badge.
Serious accidents to be reported and investigated
59.—(1)  When any accident causing or resulting in loss of life or hurt to any person or serious damage to property has occurred in connection with any electrical or supply installation, the owner of the premises concerned or the licensee or the management thereof shall report the accident to the Board by the quickest means available, and subsequently with the least possible delay shall report in writing to the Board the facts of the matter so far as the facts are known. Any authorised officer shall as soon as practicable after receipt of the first report —
(a)visit the place where the accident occurred;
(b)make a preliminary investigation of the circumstances;
(c)record in writing his findings upon such investigation;
(d)forward his report to the Board; and
(e)if there has been any loss of life or there is reason to believe that any person has been seriously injured, send a copy of his findings to a Magistrate.
(2)  In the event of loss of life or grievous hurt to any person due to any accident arising from the use or operation or caused by any electrical or supply installation, no alteration or addition shall, without the consent of the Board, be made to any part of the electrical or supply installation which may have contributed towards the cause of the accident nor shall any alteration be made without such consent to the site of the accident until investigations have been completed:
Provided that nothing herein contained shall operate to interfere with rescue work or work necessary for the general safety of life or property.
(3)  If upon a preliminary investigation under subsection (1) of this section, it appears that there is reason to believe that the accident was due to any failure to comply with the provisions of this Act, the Electrical Workers and Contractors Licensing Act, 1974 or any regulations made thereunder respectively or to neglect to obey any lawful order given by the Board or if the officer investigating is satisfied that the accident might have been prevented if proper precautions had been taken and observed in the operation or working of any electrical or supply installation the Board shall hold an inquiry into the nature and cause of the accident with the assistance, if deemed necessary by the Board, of one or more persons of electrical or other special skill and experience to be nominated by the Board as assessors. At the conclusion of the inquiry a copy of the findings taken at the inquiry together with the opinion of the Board shall be forwarded to the Public Prosecutor.
(4)  Any person who, without lawful excuse, contravenes or fails to comply with any of the provisions of subsection (1) or (2) of this section shall be guilty of an offence under this Act.
Power to administer oaths, etc.
60.  For the purpose of holding inquiries under this Act, any authorised officer shall have power to administer oaths and affirmations and shall be vested with the powers of a Magistrate for compelling the attendance of witnesses, maintaining order and otherwise conducting the inquiries, and persons summoned to attend any such inquiry shall be legally bound so to attend.
Offences
61.—(1)  Any person who wilfully tampers with or adjusts any electrical or supply installation or any part thereof so as to cause or to be likely to cause danger to human life or limb or injury to any property of any kind shall be guilty of an offence under this Act and for each such offence shall be liable on conviction to imprisonment for a term not exceeding five years.
(2)  Any person who by any rash or negligent act or omission committed or omitted in respect of any electrical or supply installation or part of any electrical or supply installation under his control causes hurt to any person or injury to any property shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.
(3)  Any person who, in contravention of the provisions of section 46 of this Act, supplies electricity from an electrical or supply installation to or for the use of any other person shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars and, if the contravention is continued, to a further fine not exceeding two hundred dollars for every day or part thereof during which the contravention is continued after conviction.
(4)  A licensee of a supply installation who without express authority from the Board supplies electricity or lays down any supply line or constructs any electrical works outside the area of supply specified in his licence shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars, and any such unauthorised line or works may be removed by order of the Board, and the reasonable cost of such removal may be recovered from the licensee.
(5)  Any person who, in contravention of the provisions of section 46 of this Act, uses, works or operates, or permits to be used, worked or operated, any electrical or supply installation shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars and, if the contravention is continued, to a further fine not exceeding one hundred dollars for every day or part thereof during which the contravention is continued after conviction.
(6)  Any person who obstructs or impedes any officer of the Board in the exercise of his duties under this Act, the Electrical Workers and Contractors Licensing Act, 1974 or any regulations made thereunder respectively or fails to comply with any order lawfully given in pursuance of this Act, the Electrical Workers and Contractors Licensing Act, 1974 or any such regulations shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars and, in the case of a continuing offence, to a further fine not exceeding one hundred dollars for every day or part thereof during which the offence is continued after conviction.
(7)  Any licensee who, without lawful excuse, fails to comply with any condition expressed or, by virtue of this Act or the Electrical Workers and Contractors Licensing Act, 1974, implied, in his licence shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding five hundred dollars and, if the failure is continued, to a further fine not exceeding fifty dollars for every day or part thereof during which the failure is continued after conviction.
Board not liable
62.  Notwithstanding the issue of a licence by the Board in respect of an electrical or supply installation, the Board shall not be responsible for the operation or maintenance of any electrical or supply installation or for any damages to any person or thing whatsoever by reason of operating or omitting to operate or maintaining or omitting to maintain any electrical or supply installation.
Power to make regulations
63.  The Board may, with the approval of the Minister, make regulations not inconsistent with the provisions of this Part prescribing —
(a)the powers, duties and functions of its employees and the manner in which such powers, duties and functions are to be exercised and carried out;
(b)the intervals, times and manner at or in which any electrical or supply installation shall be inspected, the notice (if any) to be given in relation to inspections and the preparations to be made by the licensees and the management for such inspections;
(c)the control of standards for electrical machinery, electric lines, wiring, fittings, accessories, appliances, consuming devices, control and protective gear associated with the generation, transmission, distribution and application of energy and the manner in which such machines, electric lines, wiring, fittings and apparatus shall be erected, fixed, protected, inspected, tested and maintained;
(d)the approval and control of electrical apparatus, appliances, equipment and material with the object of securing their safety in service and the prohibition of the use, sale or hire of all electrical apparatus, appliances, equipment and material which are in the opinion of the Board unsafe;
(e)the fees to be paid for licences and any other fees which require to be prescribed under the provisions of this Part;
(f)the forms and contents of, and the conditions to be prescribed in, licences and the conditions for suspension, extension and revocation of licences and the manner in which applications for licences shall be made;
(g)the manner of holding inquiries under this Part;
(h)the form of notices and the manner of service thereof;
(i)the means to be adopted, whether by prohibition or otherwise, to prevent or abate any nuisance or pollution likely to arise or arising from the working of any electrical or supply installation or apparatus;
(j)any other matters required to be prescribed by this Part or which may appear to the Board expedient for the better carrying out of the provisions of this Part, or for securing the safety of the public; and
(k)the penalties to be imposed for breaches of the regulations.
PART VA
WATER SERVICE WORKER
Interpretation
64A.  In this Part, unless the context otherwise requires —
“licensed”, in relation to a water service worker, means a person who is the holder of a current licence permitting him to perform personally such water service work as is specified in his licence;
“water service installation” means an installation within any premises including any pipes, water fittings, apparatus or appliances, connecting a meter to the premises and used for the supply of water thereto, but does not include an installation for the disposal of any waste, sullage water or sewage;
“water service work” means any work performed or carried out on any water service installation and includes the designing, 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;
“water service worker” means any person whose trade or occupation requires or includes the personal performance by him of water service work or a person who is otherwise competent or qualified personally to perform water service work.
No person to perform water service work or to hold himself out as a water service worker unless licensed
64B.—(1)  No person shall —
(a)perform or carry out personally any water service work or offer or undertake to perform or carry out personally any such work unless he is licensed as a water service worker in respect of that water service work;
(b)advertise or otherwise hold himself out as a water service worker or as a licensed water service worker, or as a person competent or qualified or legally permitted personally to perform or carry out water service work unless he is licensed as a water service worker in respect of that water service work.
(2)  Any person who contravenes any of the provisions of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.
Powers of Board
64C.  The Board may —
(a)issue, suspend, cancel, alter, extend, renew or replace any licence;
(b)classify any licence as a water service worker’s licence or in such manner as it determines;
(c)specify —
(i)the nature of the water service work in respect of which a licence is issued and restrict such work to any type or class of water service work or any type or class of water service installation; or
(ii)the circumstances or manner in which the holder of a licence may perform or carry out water service 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 to carrying out the objects of this Act or is incidental thereto.
Board may make regulations
64D.  The Board may, with the approval of the Minister, make any regulations, not inconsistent with this Part, 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 Part, 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 Part and the fees payable in respect of such examination or testing and the circumstances in and conditions on which an applicant may be exempted from such examination or testing;
(c)a register to be kept of all licences issued under this Part, the particulars to be entered into such 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 Part; and
(e)fines not exceeding two thousand dollars or imprisonment not exceeding one year or to both such fine and imprisonment for contraventions of the regulations.”.
Amendment of section 70
5.  Section 70 of the principal Act is hereby amended —
(a)by deleting the words “five hundred” appearing in the sixth line of subsection (1) thereof and substituting therefor the words “two thousand”; and
(b)by deleting the words “five hundred” appearing in the sixth line of subsection (3) thereof and substituting therefor the words “two thousand”.
Amendment of section 73
6.  Section 73 of the principal Act is hereby amended —
(a)by deleting the words “five hundred” appearing in the nineteenth and twentieth lines of subsection (1) thereof and substituting therefor the words “two thousand”;
(b)by deleting the word “fifty” appearing in the twentieth line of subsection (1) thereof and substituting therefor the words “one hundred”; and
(c)by deleting the word “fifty” appearing in the last line of subsection (2) thereof and substituting therefor the words “one hundred”.
Amendment of section 79
7.  Subsection (2) of section 79 of the principal Act is hereby amended by deleting the word “one” appearing in the fifth line thereof and substituting therefor the word “two”.
Amendment of section 82
8.  Section 82 of the principal Act is hereby amended by deleting the word “one” appearing in the tenth line thereof and substituting therefor the word “two”.
New sections 82A and 82B
9.  The principal Act is hereby amended by inserting immediately after section 82 thereof the following new sections: —
Fraud
82A.  Any person who wilfully or fradulently 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 under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.
Evidentiary provision
82B.  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.”.
Amendment of section 87
10.  Section 87 of the principal Act is hereby amended —
(a)by deleting the words “five hundred” appearing in the third and fourth lines thereof and substituting therefor the words “two thousand”; and
(b)by deleting the word “fifty” appearing in the fifth line thereof and substituting therefor the words “one hundred”.
Amendment of Schedule
11.  The Schedule to the principal Act is hereby amended by deleting paragraph 5 thereof.