Govt formulates energy regulation Bill, 2019

THE government has formulated the energy regulation bill whose objective, among others, is to provide for the licensing of enterprises in the energy sector.

Other objectives include to continue the existence of the Energy Regulation Board (ERB) and redefine its functions, reconstitute and revise the functions of the Board, repeal and replace the energy regulation Act, 1995 and provide for matters connected with, or incidental to, the foregoing.

The voluminous document is from the Attorney General’s Chambers.

The bill highlights that where the ERB is satisfied, after due investigation, and a person admits that they contravened a provision of this Act, “which is not an offence, the Energy Regulation Board may impose and administer penalty as prescribed.”

“If a person, on whom an administrative penalty is imposed, in accordance with this section, fails to pay the penalty within the time ordered by the Energy Regulation Board, the Energy Regulation Board may recover the penalty by action in a court of competent jurisdiction,” the bill reads.

It also highlights that the validity of any proceedings, act or decision of the ERB Board shall not be affected by any vacancy in the membership of the Board or any defect in the appointment of any member or by reason that any person not entitled to do so, took part in the proceedings.

“The Board shall cause minutes to be kept of the proceedings of every meeting of the Board. A member of the Board or any committee of the Board thereof shall be paid allowances that may be determined by the Emoluments Commission on recommendation from the minister,” it states.

“A person who is present at a meeting of the Board or a committee of the Board at which any matter, is subject of consideration and in which that person or any member of the person’s relative or associate is directly or indirectly interested in a private capacity shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not, unless the Board or the committee otherwise directs, take part in any consideration or discussion of, or vote on any question relating to that matter.”

It added that the funds of the ERB shall consist of such monies as may be appropriated by Parliament.

“[It will] be paid to the Energy Regulation Board by way of grants or donations; (c) be derived from interest on investment made under paragraph,” read the bill.

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