Electricity Act, 1999
- Commenced on 1 November 1999
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
Part I – Preliminary
1. CommencementThis Act shall come into force on a day to be appointed by the Minister by statutory instrument, and different days may be appointed for the commencement of different provisions.
2. Object of ActThe object of this Act is to regulate the generation, transmission, distribution, sale, export, import and distribution of electrical energy in Uganda.
3. InterpretationIn this Act, unless the context otherwise requires—
Part II – Electricity Regulatory Authority
4. Establishment of authority
5. Composition of authority
6. Disqualification from appointmentA person shall not be appointed to the authority who—
7. Tenure of office of members
8. Termination of appointment
9. Remuneration of members of authorityThe members of the authority shall be paid such subsistence or other allowances as the Minister may, with the approval of Cabinet, specify in the instrument of appointment.
10. Functions of authorityThe functions of the authority are—
11. Conduct of functions
12. Meetings of authorityThe First Schedule to this Act has effect with respect to meetings of the authority and other matters to which it relates.
13. Special committees of authority
15. Delegation of functions
16. Independence of authorityThe authority shall, subject to the declared policy of the Government and, except as is otherwise provided in this Act, be independent in the performance of its functions and duties and exercise of its powers and shall not be subject to the direction or control of any person or authority.
17. Powers of Minister
Part III – Secretariat and staff of authority
19. Chief executive officer
20. Functions of chief executive officerThe chief executive officer is, subject to this Act, and subject, in particular, to the directions of the authority on matters of policy—
21. Other staff
Part IV – Finance
22. Funds of authorityThe funds of the authority consist of—
24. Power to operate bank accounts
25. Borrowing powersThe authority may, with the approval of the Minister given in consultation with the Minister responsible for finance with the approval of Parliament, borrow money from any source as may be required for meeting its obligations or for the discharge of its functions under this Act.
26. Application and investment of surplus funds
27. Financial year of authorityThe financial year of the authority shall be the twelve months beginning on the 1st July of each year and ending on the 30th June in the following calendar year.
28. Accounts and audit
Part V – Licensing
29. Notice of intended application
30. Publication of advertisement
32. Authority may invite applicationsNotwithstanding sections 29, 30 and 31, the authority shall, through a fair, open and competitive process in accordance with procedures prescribed by the authority by regulations or any other law, invite applications for any licence under this Act.
34. Processing of applicationsThe authority shall process all applications for a licence expeditiously and in any case not later than one hundred and eighty days after the authority receives the application.
35. Publication of notice of applications
36. Objection to grant of licenceAn affected party may lodge with the authority an objection to the grant of a licence, setting out the grounds of the objection.
37. Factors to be considered for application
38. Refusal to grant licence
39. Other licencesExcept for the promotion of efficiency and fair competition, nothing in this Act shall prevent the holder of a licence who has fulfilled all the obligations under that licence from applying for and obtaining any other licence under this Act.
40. Authority may order compliance
42. Revocation of licence
43. Modification of licence
44. Licensee's application for modification
45. Duration of licence
46. Transfer of licence
47. Performance of activitiesA licensee under this Act shall carry out his or her activities in accordance with his or her licence, this Act and Regulations made under this Act.
48. Records and reports
49. Removal of installations
50. Notice of accidents
Part VI – Licences
51. Generation licence
52. Reversion of hydropower plant
53. Transmission licenceNo person shall construct, own or operate an installation for the transmission of electricity without a transmission licence granted by the authority.
54. Licensee to provide access
55. System operator
56. Bulk supplier
57. Distribution licence
58. Access to users
59. Sale licence
60. Export and import licences
61. Prohibition of unlicensed activityA person who—
Part VII – Rural electrification
62. Obligations of GovernmentThe Government shall undertake to promote, support and provide rural electrification programmes through public and private sector participation in order to—
63. Rural electrification strategy
64. Rural Electrification Fund
65. Criteria for subsidy access
66. Rural electrification databaseThe Minister shall maintain a national rural electrification database to assist in the monitoring of progress and establishment of the targets of rural electrification.
Part VIII – Use of land for installations
67. Power of licensee to use land
68. Procedure for using public land
69. Removal or alteration of electric supply line
71. Compulsory acquisition of land
Part IX – Inspection
72. ReportsEvery licensee shall, at the end of every financial year, prepare and submit to the authority, in a form prescribed by the authority, a report on the operations and services of the licensee and the extent to which the conditions of the licence are being followed.
Part X – Tariffs
75. Tariffs and terms of supply
Part XI – Rights and duties of consumers
76. Duties of consumers
77. Supply of electricity
78. Licensee’s feesWhere a supply line or electrical equipment or plant is provided to a consumer by the licensee, the licensee may require the consumer to pay such access fees and other charges for services as may be approved by the authority, having regard to the circumstances.
79. Exceptions to duty to supply electricity
Part XII – Offences and penalties
81. Offences relating to installations and equipment
82. Offences relating to supply of electricity and electrical works
83. Offences relating to licencesA licensee who without lawful excuse fails to comply with any term of his or her licence commits an offence and is liable on conviction to a fine not exceeding one hundred currency points and to a further fine not exceeding ten currency points for every day or part of a day during which the offence continues after conviction.
84. Offences relating to registrationA person who fails or neglects to register any installation under section 51(2) commits an offence and is liable on conviction to a fine not exceeding ten currency points and a further fine not exceeding one currency point for every day or part of a day during which the offence continues after conviction.
85. Damage to public lamps, etc.A person who, negligently and without lawful authority, extinguishes or damages any public lamp or defaces any post, bracket or other means of support of a public lamp commits an offence and is liable on conviction to a fine not exceeding five currency points or to imprisonment for a term not exceeding one year or both.
86. Diversion of energy and damage to supply linesAny person who willfully or negligently causes energy to be diverted from its proper course or to be wasted, or who breaks, throws down, causes to fall or damages any supply line, post, pole or other equipment, installation or any part thereof, as the case may be, connected with the supply of energy, commits an offence and is liable on conviction to a fine not exceeding thirty currency points or to imprisonment for a term not exceeding three years or to both.
87. Interference with electrical installations
88. Installation of electrical wiring
89. General penaltyA person convicted of an offence against this Act for which no penalty is expressly provided is, on conviction, liable to a fine not exceeding ten currency points and in case of the continuing of the offence to a fine not exceeding one currency point for every day or part of a day during which the offence continues after conviction.
90. CompensationAny person who removes, destroys or damages whether willfully or otherwise, any installation or any part of an installation or a public lamp, post, bracket or other means of support of a public lamp, or other instrument used in connection with any installation for recording the output or consumption of energy is, in addition to any penalty to which he or she may be liable under this Act, liable to pay full compensation for the damage he or she has done; and the compensation is recoverable by civil action or suit before any court.
91. False information
92. Compensation order
Part XIII – Electricity Disputes Tribunal
93. Establishment of tribunalThere is established the Electricity Disputes Tribunal.
94. Chairperson and vice chairperson of tribunal
95. Appointment of other members
96. Qualifications for appointmentA person may only be appointed as a member of a tribunal if the person is of high moral character and proven integrity and has proven experience in at least one of the following areas—
97. Tenure of officeA member of the tribunal shall hold office for five years and is eligible for reappointment.
98. Conditions of appointmentSubject to this Act, a member of the tribunal shall hold office on such terms and conditions as are prescribed in his or her letter of appointment.
99. Disqualification from appointment to tribunalA person shall not be appointed a member of the tribunal or be requested to give technical advice who—
100. Oath of officeA person who is appointed a member of the tribunal shall, before assuming the duties of his or her office, take and subscribe the Oath of Allegiance and the Judicial Oath in the Fourth Schedule to the Constitution.
101. Termination of appointment
102. Disclosure of interestWhere a member of the tribunal as constituted for the purposes of a proceeding has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member’s functions, he or she shall disclose the interest to the parties to the proceedings and shall not take part in the proceeding or exercise any powers in relation to the matter to which the proceeding relates.
103. Official seal
104. Arrangement of business
105. Constitution of tribunal for exercise of powers
106. Technical advice
107. RemunerationA member of the tribunal or a person giving technical advice to the tribunal shall be paid an allowance that may be determined by the Minister.
108. Funds of tribunalThe funds of the tribunal shall consist of—
109. Jurisdiction of tribunal
110. Power of review and appeals from tribunal
111. Procedure of tribunal
112. Registrar of tribunal
Part XIV – Miscellaneous
114. Administrative proceduresThe Minister shall, in consultation with the authority, lay down administrative procedures for the regulation of electricity distribution and sales to consumer activities involving generation systems of a capacity not exceeding two megawatts.
115. Annual and other reports
116. Common seal and other instruments of authority
117. Documents to be public documents
118. Immunity of members and staff of authority
120. Grid codeThe authority shall, by statutory instrument, make regulations to establish a grid code.
121. Amendment of SchedulesThe Minister may, by statutory instrument, amend any of the Schedules to this Act.
Part XV – Transitional provisions
122. Initial licences
123. Continuance of operations of Uganda Electricity BoardNotwithstanding the repeal in section 130(1), the Uganda Electricity Board established under the Electricity Act, shall continue to operate under a licence to be issued by the Minister under section 122.
124. Saving of licencesWithout prejudice to section 130, a licence issued under the Electricity Act which is in force immediately before the commencement of this Act—
125. Successor companyThe Minister shall, in accordance with the Public Enterprises Reform and Divestiture Act, cause to be incorporated under the Companies Act, a successor company or companies to assume all the duties, objectives and functions of the Uganda Electricity Board, except those to be exercised by the authority under this Act, and to take over the property, rights and liabilities to which the Uganda Electricity Board is entitled or subject to.
126. Vesting of property in successor company
127. Issuing of securities and shares
128. Employees of Uganda Electricity Board
129. Pension fund and former employees
130. Repeal and savings
History of this document
01 November 1999
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