ELECTRICITY SUPPLY ACT 1990

Transcription

1 ELECTRICITY SUPPLY ACT 1990 ELECTRICITY REGULATIONS (AMENDMENT) 20xx In exercise of the powers conferred by section 53 of the Electricity Supply Act 1990 [Act 447], the Minister makes the following regulations: Citation and commencement 1. These regulations may be cited as the Electricity Regulations (Amendment) 20xx and shall come into force on the.. 20xx. Amendment of regulation 2 2. The Electricity Supply Regulations 1994 [P.U. (A)38/1994], which in these Regulations are referred to as the principal Regulations, are amended in regulation 2 - (a) by inserting after the definition of accessory the following definition : accreditation authority means the Director General of the Department of Standards under the Standards of Malaysia Act 1996 [Act 549]; ; (b) by inserting after the definition of Certificate of Approval the following definitions : Certificate of Conformity means a Certificate of Conformity issued by a Conformity Assessment Body under the rules of a certification system, providing confidence that a duly identified equipment, process or service is in conformity with the specific requirements; ; 1

2 Certificate of Registration means a Certificate of Registration issued by the Commission under regulations 97B and 97C; ; (c) by inserting after the definition of Competent Electrical Engineer the following definitions : conformity assessment means a systematic examination to determine the extent to which any equipment, process or service fulfills specified requirements; ; Conformity Assessment Body (CAB) means a body whose activities and expertise include performance of all or any stage of the conformity assessment process except for accreditation, designation and registration; ; Amendment of regulation Regulation 97 of the principal Regulations is amended (a) in subregulation (1) by inserting at the beginning the words Subject to regulations 97C and 98A, and by substituting for the word No the word no ; (b) in paragraph (1)(c) by inserting after the word operation; the word or ; and (c) by inserting after paragraph (1)(c) the following : (d) any low voltage equipment,. 2

3 New regulations 97A, 97B and 97C 4. The principal Regulations are amended by inserting after regulation 97 the following regulations: Mutual Recognition. 97A. (1) The Commission may either on its own motion or upon an application by a foreign Conformity Assessment Body (CAB), recognize a foreign CAB which is recognized, registered or licensed by the relevant authority of the country in which the foreign CAB carries on its activities. (2) The Commission shall withdraw the recognition conferred by subregulation (1), if the foreign CAB has had its recognition, registration or licence cancelled, suspended, revoked or withdrawn by the relevant authority of the country in which the recognized foreign CAB carries on its activities. (3) All test reports, certificates, records or technical files produced by a recognized foreign CAB in respect of equipment under regulation 97 shall be recognized as valid and subsisting for the purposes of this Part, but without prejudice to any further testing or assessment to be done to them as the Commission deems necessary. Conformity Assessment Bodies 97B. (1) The Commission shall register a Conformity Assessment Body (CAB), CABs or classes of CABs for the purpose of certifying that any equipment under regulation 97 complies with the provisions of the safety and performance standards and other requirements as prescribed. (2) Any person may apply to the Commission, to be registered as a CAB, if such person has been accredited by the accreditation authority and satisfies the eligibility and qualification requirements. 3

4 (3) A Certificate of Registration of a CAB shall be in Form U1 as prescribed in the First Schedule and shall be valid for not less than one year and not exceeding three years from the date of issue or renewal thereof. (4) The Commission may cancel, suspend, revoke or withdraw the registration of any CAB within Malaysia made pursuant to this regulation if the Commission is satisfied that the said registered CAB (a) no longer has sufficient technical personnel to undertake proper and reliable assessments; (b) no longer has the technical competence to assess the equipment; (c) has been found guilty of any offence involving fraud, negligence, dishonesty, cheating or corrupt practices which may render its assessments, unreliable or the veracity of the assessments questionable; (d) has had any licence issued to it by any relevant authority revoked, withdrawn or suspended; (e) has not undertaken any proper and sufficient assessment and testing of equipment; (f) has gone into liquidation; (g) has ceased to carry on the business; 4

5 (h) has not complied with the determinations or directions issued by the Commission under the Act or these Regulations; or (i) has committed any offence under these Regulations. Registration manufacturers and importers of 97C.(1) Pursuant to regulation 97A, any person who intends to carry on a business or carries on a business of manufacturing or importing any equipment referred to in regulation 97 shall prior to the commencement or continuation of the business apply to be registered with the Commission in the manner deemed fit by the Commission. (2) A Certificate of Registration to manufacture or import the equipment referred in regulation 97 shall be in Forms V1 and W1 respectively as prescribed in the First Schedule and shall be valid for not less than one year and not exceeding five years from the date of issue or renewal thereof.. New regulations 98A and 98B 5. The principal Regulations are amended by inserting after regulation 98 the following regulations : Test report and Certificate of Conformity 98A (1) All manufacturers of equipment under regulation 97 issued with a Certificate of Registration under regulation 97C shall submit a test report issued by a testing laboratory which is accredited by the accreditation authority and shall have the equipment certified by a recognized CAB as to the equipment s conformity with the safety and performance standards recognized by the Commission. (2) Such accredited testing laboratory referred in 5

6 subregulation (1) shall issue a test report which shall be valid for not less than one year and not exceeding five years from the date of the report. Upon the expiry of the test report, the requirement under subregulation (1) shall be complied by the registered manufacturer. (3) All importers of equipment under regulation 97 issued with a Certificate of Registration under regulation 97C shall have the equipment certified by a recognized foreign CAB for submission to the Commission. (4) The recognized CAB referred in subregulation (1) and (3) shall issue a Certificate of Conformity for any equipment referred to in subregulation (1) and (3) which shall be valid for not less than one year and not exceeding three years from the date of issue. Upon its expiry, the registered manufacturer or importer of such equipment shall apply to the recognized CAB for renewal of the Certificate of Conformity. (5) The registered manufacturer or importer shall submit to the Commission the Certificate of Conformity which has a validity period of not less than one year before the date of expiry. (6) Notwithstanding the acceptance of the Certificate of Conformity and any other provision of these Regulations, the Commission may inspect, test or review the equipment and any documentation, test reports and conformity assessments submitted to it. (7) If, upon the conclusion of any inspection, test or review, the Commission is satisfied that the equipment is unsafe or does not conform to the safety and performance standards, then the Commission may 6

7 (a) make a determination that the equipment is unsafe or does not conform to the safety and performance standards; or (b) prohibit the manufacture or import of such equipment and to direct their withdrawal or recall and where necessary seize and remove them. Duties of manufacturers and importers 98B.(1) No registered manufacturer or importer shall use a CAB who is not recognized by the Commission or whose recognition has been cancelled, revoked, suspended or withdrawn. (2) The registered manufacturer or importer shall keep the technical files of the equipment issued with a Certificate of Conformity for not less than ten years after the last equipment has left the production line. (3) Recognized CABs within Malaysia shall keep the technical files of any equipment issued with a Certificate of Conformity for not less than six years after the expiry of the validity of the Certificate of Conformity. Amendment of regulation Regulation 102 of the principal Regulations is amended by inserting after the number 88 the mark,, deleting the word or and by inserting after the number 92 the words or 97C. Amendment of regulation Regulation 103 of the principal Regulations is amended 7

8 (a) in subregulation (1) by inserting after the number 88 the mark,, deleting the word or and by inserting after the number 92 the words or 97C ; and (b) in subregulation (2) by inserting after the number 88 the mark,, deleting the word or and by inserting after the number 92 the words or 97C. Amendment of regulation Regulation 104 of the principal Regulations is amended in subsection (1) by inserting after the number 88 the mark,, deleting the word or and by inserting after the number 92 the words or 97C. Amendment of regulation Regulation 105 of the principal Regulations is amended in subsection (1) by inserting after the number 88 the mark,, deleting the word or and by inserting after the number 92 the words or 97C. New regulation 109A 10. The principal Regulations are amended by inserting after regulation 109 the following regulation : Surveillance and offences 109A (1) The Commission may, from time to time, carry out market surveillance to determine if any equipment referred to in regulation 97 is safe and has the mark or label as prescribed in these Regulations affixed thereto. 8

9 (2) Whoever, intentionally or knowingly - (a) removes, withdraws or assists in the removal or withdrawal of any such equipment which do not bear the mark or label from any premises in order to obstruct or hinder the Commission, its authorised officers or agents from exercising any of its powers ; or (b) harbours, keeps, conceals, or is in the possession of any such equipment that do not bear the mark or label with the intention to sell or offer for sale, commits an offence. Amendment of First Schedule 11. The First Schedule of the principal Regulations is amended (a) by inserting after Form U the following form : 9

10 FORM U1 (regulation 97B) ELECTRICITY SUPPLY ACT 1990 CERTIFICATE OF REGISTRATION AS CONFORMITY ASSESSMENT BODY The Energy Commission hereby certifies in pursuance of section 4(l) of the Electricity Supply Act 1990 that. at... has satisfied the requirements of the Act and the Regulations made thereunder. The Energy Commission certifies that the above-mentioned has been registered and this Certificate of Registration shall be valid for a period of..year(s) from the date of issue stated below. Date of issue:... Place: Energy Commission * Not less than one year and not more than three years. 10

11 and (b) by inserting after Forms V and W respectively the following forms : FORM V1 (regulation 97C) ELECTRICITY SUPPLY ACT 1990 CERTIFICATE OF REGISTRATION AS MANUFACTURER The Energy Commission hereby certifies in pursuance of section 4(k) of the Electricity Supply Act 1990 that.. at... has satisfied the requirements of the Act and the Regulations made thereunder. The Energy Commission certifies that the above-mentioned has been registered and this Certificate of Registration shall be valid for a period of.years(s) from the date of issue stated below. Date of issue:... Place: Energy Commission * Not less than one year and not more than five years. 11

12 FORM W1 (regulation 97C) ELECTRICITY SUPPLY ACT 1990 CERTIFICATE OF REGISTRATION AS IMPORTER The Energy Commission hereby certifies in pursuance of section 4(k) of the Electricity Supply Act 1990 that.. at... has satisfied the requirements of the Act and the Regulations made thereunder. The Energy Commission certifies that the above-mentioned has been registered and this Certificate of Registration shall be valid for a period of year(s) from the date of issue stated below. Date of issue:... Place: Energy Commission * Not less than one year and not more than five years. 12