Electricity Act 2001

Source: Singapore Statutes Online | Archived by Legal Wires


Electricity Act 2001
2020 REVISED EDITION
This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021
An Act to create a competitive market framework for the electricity industry, to make provision for the safety, technical and economic regulation of the generation, transmission, supply and use of electricity, and for other matters connected therewith.
[1 April 2001: Except Parts III to X, sections 94 to 104 and section 105(1) and (2) ;
1 December 2002: Sections 82, 89 to 93, 103 and 104 ;
1 January 2003: Part III (with the exception of section 21(2) and (3)), Parts IV to VIII, sections 67 to 81, 83 to 88, 94 to 102 and 105(1) and (2) ]
PART 1
PRELIMINARY
Short title
1.  This Act is the Electricity Act 2001.
Interpretation
2.—(1)  In this Act, unless the context otherwise requires —
“ancillary service” means a service required or provided for the security or reliability of the electricity system;
“apparatus” means any electrical apparatus, equipment or accessory and includes all apparatuses, machines, consuming devices and fittings in which one or more conductors are used or of which they form a part;
“Appeal Panel” means a panel established by the Minister under section 65;
“authorised officer” means any person authorised by the Authority under section 3(2);
“Authority” means the Energy Market Authority of Singapore established under the Energy Market Authority of Singapore Act 2001;
“cable detection work” means any work of detecting or locating any electricity cable;
“cable detection worker” means any person whose trade or occupation requires or includes the personal performance by him or her of cable detection work;
“cable detection work licence” means a licence granted under section 81;
“code of practice” means a code issued or approved by the Authority under section 16;
“conductor” means an electrical conductor arranged to be electrically connected to an electrical system;
“consumer” means a person —
(a)to whom electricity is supplied and sold for consumption on that person’s own premises; or
(b)whose premises are for the time being connected to any system for the purpose of purchasing a supply of electricity for consumption on that person’s own premises;
“contestable consumer” means a consumer who, in accordance with this Act, purchases electricity —
(a)from a retail electricity licensee;
(b)directly from any wholesale electricity market; or
(c)indirectly from any wholesale electricity market through a market support services licensee;
[Act 37 of 2021 wef 29/01/2022]
“document” includes electronic records;
“Earth” means the conductive mass of the Earth whose electric potential at any point is conventionally taken as zero;
“earthworks” means —
(a)any act of excavating earth, rock or other material (by whatever means);
(b)any act done on, in or under the ground in connection with —
(i)any work for or relating to the construction, reconstruction, extension, renovation, alteration, demolition or repair of any building, road, railway, bridge, viaduct, flyover, sewer or sewerage works;
(ii)any work for or relating to the laying, inspecting, repairing or renewing of any main, pipe, cable, fitting or other apparatus;
(iii)any soil investigation work; or
(iv)such other works as are usually undertaken by a person carrying on business as a contractor in the construction industry or as a professional civil or structural engineer;
(c)any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any premises or street by any mechanical means; or
(d)the driving or sinking of any bar, rod, pole, picket, casing or tube into the ground;
“electric line” means any line which is used for carrying electricity for any purpose and includes —
(a)any support for the line, that is to say, any structure, pole or other thing in, on, by or from which the line is or may be supported, carried or suspended;
(b)any apparatus connected to the line for the purposes of carrying electricity;
(c)any wire, cable, tube, pipe or other similar thing (including its casing or coating) which surrounds or supports, or is surrounded or supported by, or is installed in close proximity to, or is supported, carried or suspended in association with, the line; and
(d)any electricity cable;
“electrical installation” means any appliance, wire, fitting 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 an electricity licensee or any other person, and includes a supply installation and any addition, alteration, and repair to an electrical installation, but does not include —
(a)any electric line, supply line or electrical plant —
(i)of a transmission licensee for the transmission of electricity; or
(ii)of a generation licensee for the generation of electricity;
(b)any appliance, wire, fitting or apparatus connected to and beyond any electrical outlet which is installed for the purpose of connecting electrical appliances, fittings or apparatuses and at which fixed wiring terminates;
[Act 43 of 2022 wef 08/12/2023]
(c)any appliance, wire, fitting or apparatus which is placed in, on, over or under any premises owned or occupied by a transmission licensee which is not used for the consumption of electricity on the premises or solely for the purposes incidental to the conveyance or control of electricity so consumed; or
[Act 43 of 2022 wef 08/12/2023]
(d)an electric vehicle charger within the meaning of the Electric Vehicles Charging Act 2022;
[Act 43 of 2022 wef 08/12/2023]
“electrical plant” means any plant, equipment, apparatus or appliance used for, or for purposes connected with, the supply of electricity;
“electrical or supply installation licence” means a licence granted by the Authority under section 67;
“electrical system” means an electrical system in which all the conductors and apparatuses are electrically or magnetically connected;
“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 or her of electrical work or a person who is otherwise competent or qualified to perform personally electrical work;
“electrical worker licence” means a licence granted by the Authority under section 82;
“electricity” means electrical power when generated, transmitted, supplied or used for any purpose except the transmission of any communication or signal;
“electricity cable” means a length of insulated single conductor or of 2 or more such conductors, whether or not the conductor or conductors are provided with an overall covering for mechanical protection, and —
(a)all other apparatus or devices connected to the conductor or conductors, as the case may be (including by any remote or wireless means); and
(b)any data communication cable used to monitor or control the transmission of electricity;
“electricity licence” means a licence granted or extended by the Authority under section 9;
“electricity licensee” means any person who is granted an electricity licence by the Authority;
“electricity system” means a system comprising a transmission system of a transmission licensee and generating stations connected directly or indirectly to the transmission system;
“electronic records” has the meaning given by the Electronic Transactions Act 2010;
“export”, in relation to electricity, means the supply of electricity generated in Singapore to any person or premises outside Singapore;
“generate” means to produce electricity by means of a generating station for the purpose of giving a supply to any premises or enabling a supply to be so given;
“generating station” means any installation used for, or for purposes connected with, the production of electricity;
“generating unit” means any apparatus used for, or for purposes connected with, the production of electricity;
“generation licensee” means a person who is authorised by an electricity licence to generate electricity;
“greenhouse gas” has the meaning given by section 2(1) of the Carbon Pricing Act 2018;
[Act 37 of 2021 wef 29/01/2022]
“high voltage” means a voltage exceeding 1000V a.c. or 1500V d.c. between conductors, or 600V a.c. or 900V d.c. between each conductor and Earth;
“import”, in relation to electricity, means the supply of electricity generated outside Singapore to any person or premises in Singapore;
“information” includes information contained in electronic records;
“installation” means, except for the purposes of Part 9, any plant, apparatus, structure, equipment or thing used for the generation, transmission, supply or use of electricity;
“licensed”  —
(a)in relation to a cable detection worker, means a person who holds a valid cable detection work licence permitting him or her to perform personally such cable detection work as is specified in his or her licence; or
(b)in relation to an electrical worker, means a person who holds a valid electrical worker licence permitting him or her to perform personally such electrical work as is specified in his or her licence;
“low voltage” means a voltage not exceeding 1000V a.c. or 1500V d.c. between conductors, or 600V a.c. or 900V d.c. between each conductor and Earth;
“main” means a supply line through which electricity is or can be supplied, whether the line is in use or not;
“market participant” means a person —
(a)authorised by an electricity licence; and
(b)registered in accordance with the market rules,
to trade in any wholesale electricity market, and includes —
(c)a transmission licensee;
(d)the Authority (if the Authority engages in the generation, import or export of electricity);
(e)any entity wholly-owned by the Authority that engages in the generation of electricity but is exempt under section 8 from the requirement of a generation licence; and
(f)any department of the Government which generates electricity before 1 April 2001;
[Act 37 of 2021 wef 29/01/2022]
“market rules” means the rules made or modified under section 46;
“market support services” means any of the following activities in connection with the supply of electricity:
(a)the reading of the register of any electricity meter and the management of data relating to meter reading;
(b)the facilitation of access to any wholesale electricity market for the purposes of obtaining supply of electricity for contestable consumers and retail electricity licensees;
(c)the provision of customer transfer services for retail electricity licensees and consumers to facilitate the transfer of contestable consumers between one retail electricity licensee and another or between retail electricity licensees and market support services licensees;
(d)the provision of other services related to access to any wholesale electricity market and the retail electricity market;
[Act 37 of 2021 wef 29/01/2022]
(e)the supply and sale of electricity to non‑contestable consumers;
(f)the inspection of electrical installations to assess their safety;
[Act 37 of 2021 wef 29/01/2022]
“market support services licensee” means a person who is authorised by an electricity licence to provide market support services;
“meter” means any device for measuring the flow of electricity;
“meter installation” means any meter and, if so equipped, its associated equipment, apparatus, device and installation, including any self-contained meter transformers, wiring, seal, meter test terminal block, test links, fuses, lamps, data recorders, circuit breakers, and communication modems required to provide remote access to the metered data so that readings from the meter can be taken;
“modification” includes any amendment, addition, alteration and variation;
“non-contestable consumer” means a consumer who is not a contestable consumer;
“occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on the person’s own account or as an agent of another person, but does not include a lodger;
“premises” includes buildings, structures, streets, lands, waters, tenements, easements of any tenure, whether State land or not, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
“regulations” means the regulations made under this Act;
“retail” means to sell or offer to sell electricity to a contestable consumer;
“retail electricity licensee” means a person who is authorised by an electricity licence to retail electricity to a contestable consumer;
“retail electricity market” means the market in which electricity is retailed to a contestable consumer;
“shares”, in relation to a company, means shares in, or stocks forming part of, the capital of the company;
“street” includes any road, highway, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, the way over any public bridge, and any road, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, sewers, drains, tunnels, ditches and reserves at the side of any street are deemed to be part of the street;
“supply” means the supply of electricity through electric lines, and includes —
(a)the supply of electricity generated outside Singapore to any person or premises in Singapore; and
(b)the supply of electricity generated in Singapore to any person or premises outside Singapore;
“supply installation” means the whole of any plant or apparatus in an installation owned or managed by a person for the provision of electricity (other than electricity used for the transmission of any communication or signal) solely for the person’s own use, including any machine supplying mechanical energy to a generator, with all necessary related plant, buildings and land, supply lines and consuming apparatuses, if any;
“supply line” means a conductor or other means of conveying, transmitting or distributing electricity, together with all or any part of any casing, coating, covering, tube, pipe, insulator or post enclosing, surrounding or supporting the conductor or any part thereof, or any related building or apparatus for the purpose of transforming, conveying, transmitting or distributing electricity;
“trade” means —
(a)to sell electricity, ancillary services or any other electricity-related product or service to a person other than a consumer who is being supplied and sold electricity by a retail electricity licensee or market support services licensee; or
(b)to purchase electricity, ancillary services or any other electricity-related product or service, where such purchase is made by a person other than a consumer who is being supplied and sold electricity by a retail electricity licensee or market support services licensee;
“transmission agent licensee” means a person authorised by an electricity licence to transmit electricity for or on behalf of a transmission licensee;
“transmission licensee” means a person authorised by an electricity licence to transmit electricity;
“transmission system” means a system of interconnected electric lines, electrical plants and substations used to transmit electricity;
“transmit” means to convey electricity by means of a transmission system —
(a)from an electrical plant to a substation;
(b)from one electrical plant to another or from one substation to another;
[Act 27 of 2024 wef 01/07/2025]
(c)from a substation or an electrical plant to the electrical installation serving the premises of a consumer or, where such premises are not served by an electrical installation, from a substation or an electrical plant directly to such premises; or
[Act 27 of 2024 wef 01/07/2025]
(d)from an electrical plant or substation to the territorial limit of Singapore, or vice versa;
[Act 27 of 2024 wef 01/07/2025]
“wholesale electricity market” means an electricity market established by the market rules for the trading of electricity, ancillary services or any other electricity-related product or service.
[18/2006; 42/2018]
[Act 37 of 2021 wef 29/01/2022]
(2)  For the purposes of this Act, where a transmission licensee uses any generating unit (including any energy storage system) for, or for purposes connected with, its transmission of electricity, then, despite any production of electricity from the generating unit for, or for purposes connected with, its transmission of electricity, the transmission licensee is not regarded as generating electricity to the extent of that use.
[Act 37 of 2021 wef 29/01/2022]
PART 2
ADMINISTRATION
Authority to administer Act
3.—(1)  The Authority is charged with the general administration of this Act and the exercise of the functions and duties imposed on the Authority by this Act.
(2)  The Authority may authorise any person to assist it in the exercise of its functions and duties under this Act, either generally or in a particular case.
(3)  Subject to the provisions of this Act, it is the function and duty of the Authority —
(a)to protect the interests of consumers with regard to —
(i)the prices charged and other terms for the supply of electricity;
(ii)the reliability, availability and continuity of supply of electricity; and
(iii)the quality of electricity services provided;
(b)to promote —
(i)the efficient use of electricity by consumers; and
(ii)economic efficiency and the maintenance of such efficiency in the electricity industry;
(c)to perform the functions of economic and technical regulator for the electricity industry, including the exercise of licensing and regulatory functions in respect of the generation, transmission, import, export, trading and retail of electricity, the provision of market support services, the operation of any wholesale electricity market and the establishment of standards of performance and codes of practice relating to any matter in connection therewith;
(ca)to implement (whether through regulation or otherwise) policies, strategies, measures, standards or any other requirements on any matter for or connected with the reduction in emission of any greenhouse gas in the generation, transmission, import, export or supply of electricity;
[Act 37 of 2021 wef 29/01/2022]
(d)to secure that electricity licensees whose prices are controlled by the Authority are able to provide an efficient service and maintain financial viability;
(e)to ensure security of supply of electricity to consumers and to arrange for the secure operation of a transmission system of a transmission licensee in accordance with the market rules or other codes of practice;
(ea)in connection with any purpose under paragraph (a), to construct, acquire (whether by purchase, lease or otherwise), develop, manage (including by leasing out for use) or operate —
(i)any generating unit (including any energy storage system);
(ii)any generating station or any part of a generating station; or
(iii)any of the following (whether in or outside Singapore) for or in connection with the import of electricity to, or the export of electricity from, Singapore:
(A)any electrical installation or any part of an electrical installation;
(B)any electric line or any part of an electric line;
(C)any generating unit (including any energy storage system);
(D)any generating station or any part of a generating station;
[Act 37 of 2021 wef 29/01/2022]
(f)to protect the public from dangers arising from the generation, transmission, supply or use of electricity;
(fa)to cooperate and collaborate with the Land Transport Authority of Singapore in the discharge of its functions under the Land Transport Authority of Singapore Act 1995 or other written law insofar as those functions relate to —
(i)promoting and regulating the safe use of electric vehicle chargers in Singapore;
(ii)setting of standards for devices and equipment that are electrical installations and used in the charging of an electric vehicle; and
(iii)undertaking or facilitating the development and maintenance in Singapore of accessible charging points in public and common areas and other ancillary facilities that allow for the safe transfer of electricity to an electric vehicle;
(g)to create an economic regulatory framework in respect of the generation, transmission, import, export, trading and retail of electricity, the provision of market support services and the operation of any wholesale electricity market which —
(i)promotes and safeguards competition and fair and efficient market conduct or, in the absence of a competitive market, prevents the misuse of monopoly or market power; and
(ii)provides non-discriminatory access to any wholesale electricity market and to transmission services and market support services;
(h)to advise the Government on all matters relating to the generation, transmission, trading, retail and use of electricity, the provision of market support services and the operation of any wholesale electricity market; and
(i)to do such other things as are required under this Act and take such steps as are necessary or expedient for the effective discharge of its functions and duties under this Act.
[42/2018; 13/2021]
(4)  In performing its functions and exercising its powers, the Authority must —
(a)use its reasonable endeavours to apply principles and methodologies to licensees who conduct similar activities within a particular sector of the electricity industry in a non‑discriminatory manner; and
(b)act in a reasonable manner in all circumstances.
(5)  Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.
(6)  For the purposes of this section, “consumers” includes both existing and future consumers of electricity.
Power to obtain information
4.—(1)  The Authority or any authorised officer may by notice require any person to furnish, within a reasonable period specified in the notice, all documents and information relating to any matter as reasonably required by the Authority to carry out the functions or duties assigned to the Authority by or under this Act, which are within the knowledge of that person or in that person’s custody or under that person’s control.
(2)  The power to require a person to furnish any document or information under subsection (1) includes the power —
(a)to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information;
(b)if the document or information is not furnished, to require that person to state, to the best of that person’s knowledge and belief, where it is; and
(c)if the information is recorded otherwise than in legible form, to require the information to be made available to the Authority in legible form.
[18/2006]
(3)  Any person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence.
(4)  Any person who —
(a)intentionally alters, suppresses or destroys any document or information which the person has been required by a notice under subsection (1) to furnish; or
(b)in furnishing any document or information required under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement,
shall be guilty of an offence.
(5)  If any person fails to comply with a notice under subsection (1), the court may, on the application of the Authority, make such order as the court thinks fit to secure compliance with such notice and any such order may provide that all the costs or expenses of and incidental to the application are to be borne by such person or by any officer of a company or other association who is responsible for the failure.
(6)  The Authority through an authorised officer may, at any time after the expiry of the period specified in the notice referred to in subsection (1), enter any building or place where the Authority has reason to believe that any document or information, in respect of which it has given the notice, may be found, and seize or take extracts or copies of any such document or information.
(7)  The Authority is entitled without payment to keep any document or information, or any copy or extract thereof, furnished to it under subsection (1) or obtained under subsection (6).
[18/2006]
(8)  Except in the performance of the person’s functions or duties or when required to do so by any court or under any written law, no person who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority may disclose any information relating to the affairs of the Authority or of any other person which has been obtained by the person in the performance of the person’s functions or duties.
(9)  Any person who contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Restriction on disclosure of confidential information
5.—(1)  This section applies if —
(a)any information or document is given by a person to the Authority under this Act (other than Part 7); and
(b)at the time such information or document is given, the person notifies the Authority in writing that it is of a confidential or commercially sensitive nature.
(2)  The Authority must not disclose to any person the information or the contents of a document to which this section applies unless —
(a)the Authority is of the opinion that —
(i)the disclosure of the information or the contents of the document would not cause detriment to the person supplying it or to any other person who is aware of the information or document; or
(ii)although the disclosure of the information or the contents of the document would cause detriment to the person supplying it or to any other person who is aware of the information or document, the public benefit in disclosing it outweighs that detriment;
(b)the Authority gives written notice to —
(i)the person who supplied the information or document; and
(ii)any other person whom the Authority is aware has supplied the information or document to the person referred to in sub-paragraph (i), where the identity of such other person is known to the Authority,
stating that the Authority wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure, setting out detailed reasons why the Authority wishes to make the disclosure and setting out a copy of this section; and
(c)no appeal is made to the Minister under subsection (3) within 7 days of the date of the giving of the notice.
(3)  A person aggrieved by a notice under subsection (2)(b) may appeal to the Minister under section 98(1) within 7 days of the date of giving of the notice.
[18/2006]
(4)  Subsection (2) does not prevent the Authority from disclosing any information or the contents of any document —
(a)to any member, officer or employee of the Authority or any agent, consultant, committee or panel acting for or under the direction of the Authority;
(b)to the Minister or any agent, consultant, committee or panel acting for or under the Minister’s direction;
(c)to an Appeal Panel;
(d)when required to do so by any court or under any written law; or
(e)for the purposes of any criminal proceedings.
[18/2006]
(5)  For the purposes of this section, the disclosure of any information or the contents of a document already in the public domain at the time the Authority wishes to disclose it cannot cause detriment to any person referred to in subsection (2)(a).
PART 3
LICENSING OF ACTIVITIES RELATING TO ELECTRICITY
Prohibition on unauthorised activities relating to electricity
6.—(1)  No person may —
(a)engage in the generation of electricity;
(b)engage in the transmission of electricity;
(c)transmit electricity for or on behalf of a transmission licensee (other than as an employee of the transmission licensee);
(d)engage in the retail of electricity;
(e)import or export electricity;
(f)provide any market support services;
(g)trade in any wholesale electricity market;
(h)operate any wholesale electricity market; or
(i)carry on any other activity relating to electricity that the Minister may, by order in the Gazette, specify,
unless the person is authorised to do so by an electricity licence granted under section 9 or is exempted under section 8.
[18/2006; 42/2018]
(1A)  The requirement of an electricity licence in subsection (1) for a person that engages in the generation or transmission of electricity, imports or exports electricity, or trades in any wholesale electricity market, does not apply to the Authority.
[Act 37 of 2021 wef 29/01/2022]
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction.
[18/2006]
Application for licence, extension or exemption
7.—(1)  An application for an electricity licence, an extension to an electricity licence or an exemption under this Part must be —
(a)made in writing to the Authority and must be in such form as may be determined by the Authority; and
(b)accompanied by such information and documents and fee as may be determined by the Authority.
(2)  In determining whether to grant or extend an electricity licence to or for a particular person, the Authority must consider the following:
(a)the ability of that person to finance the carrying on of the particular activity;
(b)the experience of that person in carrying on the activity, and that person’s ability to perform the duties which would be imposed on that person under this Act and the electricity licence, if granted;
(c)whether that person is related to any gas transporter under the Gas Act 2001;
(d)whether or not that person is related to any electricity licensee or any person granted an exemption under section 8; and
(e)the functions and duties of the Authority under section 3.
Exemption
8.—(1)  Subject to subsections (6) and (7), the Authority may, with the approval of the Minister, by order in the Gazette, exempt any person or class of persons from complying with section 6(1) for any specified period —
(a)generally or to such an extent as may be specified in the order; and
(b)unconditionally or subject to such conditions as may be specified in the order.
(2)  An exemption order, unless previously revoked, continues in force for such period as may be specified in the order.
(3)  In granting an exemption under this section, the Authority must act in a manner so as not to discriminate between members of a particular class.
(4)  Without limiting subsection (1)(b), the conditions imposed under that subsection may require any person carrying on any activity in pursuance of the exemption —
(a)to comply with any direction given by the Authority as to such matters as are specified in the exemption order or are of a description so specified;
(b)to do or not to do such things as are specified in the exemption order or are of a description so specified, except insofar as the Authority consents to the person’s doing or not doing them; and
(c)to refer for determination by the Authority such questions arising from or under the exemption order as are specified in the order or are of a description so specified.
(5)  If any condition of an exemption granted to a class of persons is not complied with by any person of that class, the Authority may give to that person a direction declaring that the exemption, so far as the exemption relates to that person, is revoked to such extent and with effect from such date as may be specified in the direction.
(6)  A transmission licensee, a transmission agent licensee and a market support services licensee must not be granted an exemption under this section.
[18/2006]
(7)  An electricity licensee who is authorised by a licence to operate any wholesale electricity market must not be granted an exemption under this section.
Electricity licences
9.—(1)  The Authority may grant or extend an electricity licence, unconditionally or subject to such conditions as the Authority may impose and specify in the licence, and revocably or irrevocably as specified therein, authorising any person to —
(a)generate electricity;
(b)transmit electricity;
(c)transmit electricity for or on behalf of a transmission licensee;
(d)retail electricity;
(e)import or export electricity;
(f)provide any market support services;
(g)trade in any wholesale electricity market;
(h)operate any wholesale electricity market; or
(i)for the purpose mentioned in paragraph (i) of section 6(1), carry on such activity relating to electricity as may be specified in any order made under that paragraph.
[18/2006; 42/2018]
[Act 37 of 2021 wef 29/01/2022]
(2)  No transmission licensee, transmission agent licensee or market support services licensee may be granted an electricity licence to carry out any activity other than the transmission of electricity, the transmitting of electricity for or on behalf of a transmission licensee or the provision of market support services, respectively.
[18/2006]
(3)  A gas transporter under the Gas Act 2001 must not be granted an electricity licence under subsection (1)(a), (d), (e) or (g).
(4)  No electricity licensee who is authorised by a licence to operate any wholesale electricity market may be granted an electricity licence to carry out any activity other than the operation of that market.
(5)  Every electricity licence granted or extended under this section must be in writing and continues in force, unless revoked or suspended in accordance with this Part, for such period as may be specified in the electricity licence.
(6)  An electricity licence may include any restriction or condition (whether or not relating to the activities authorised by the electricity licence) which appears to the Authority to be requisite or expedient having regard to the functions and duties of the Authority under section 3.
(7)  Without limiting subsections (1) and (6), an electricity licence may include any condition —
(a)requiring the electricity licensee —
(i)to pay to the Authority a fee on the grant of the electricity licence or to pay to it periodic fees during the currency of the licence or both, of such amount as may be determined by or under the licence;
(ii)to enter into any agreement or arrangement on specified terms or on terms of a specified type relating to its trading or operation or for the connection to or use of any electric line or plant owned or operated by the electricity licensee or the other party to the agreement or arrangement;
(iii)to observe, with such modification or exemption as may be approved by the Authority, specified codes of practice and the market rules;
(iv)to maintain specified financial accounting records and prepare financial accounts according to specified principles;
(v)to appoint, at such intervals and on such terms as the Authority may direct, an independent technical auditor for the purposes specified in the condition;
(vi)to prepare for approval by the Authority guidelines regarding the procedures the licensee must follow in the event of any public emergency;
(vii)to do or not to do such things as are specified in the electricity licence or are of a description so specified; and
(viii)where the electricity licensee is a transmission licensee, to carry out any work related to the development of a transmission system or the supply of electricity to any premises;
(b)controlling or fixing prices to be charged for the services provided by a transmission licensee, a market support services licensee or an electricity licensee authorised to operate any wholesale electricity market including —
(i)the fixing of prices or the rate of increase or decrease in prices;
(ii)the fixing of a maximum price or maximum rate of increase or minimum rate of decrease in the maximum price;
(iii)the fixing of an average price or an average rate of increase or decrease in the average price;
(iv)the setting of pricing policies or principles;
(v)the setting of prices with reference to a general price index, the cost of production, a rate of return on assets employed or any specified factor; and
(vi)the setting of prices with reference to the quantity, location, period or other specified factors relevant to the activities authorised by the licence;
(c)in the case of a transmission licensee, a market support services licensee or an electricity licensee authorised to operate any wholesale electricity market —
(i)imposing controls and restrictions, directly or indirectly, on the creation, holding or disposal of shares in the licensee or its shareholders or of interests in the undertaking of the licensee or any part thereof; and
(ii)imposing restrictions on the carrying on by the licensee of any trade or business which is not related to the activity which the licensee is authorised by its electricity licence to carry on; and
(d)which provides for any one or more of the conditions specified in the electricity licence to cease to have effect at such times and in such manner and circumstances as may be specified in or determined by or under the condition.
[18/2006]
(8)  The Authority must in writing notify an applicant for the grant or extension of an electricity licence of its decision to grant or refuse to grant or extend the licence and, in the case of a decision to refuse to grant or extend the licence, the reasons for its decision.
Special condition in market support services licence
10.  Without limiting section 9(1) and (6), the conditions specified in an electricity licence, to which a market support services licensee may be subject, may include a requirement that the licensee must provide market support services to a contestable consumer on terms and conditions approved by the Authority for the purpose of allowing the consumer (if the consumer remains a contestable consumer under section 41(1)) to purchase electricity indirectly from any wholesale electricity market through the licensee in circumstances in which —
(a)the contestable consumer does not, cannot or no longer wishes to purchase electricity from a retail electricity licensee or directly from any wholesale electricity market; or
(b)a retail electricity licensee is unable or refuses to retail electricity to the contestable consumer for any reason.
[42/2018]
Restriction on transfer of electricity licence
11.—(1)  No electricity licence is transferable to any other person without the approval in writing of the Authority.
(2)  Any purported transfer of an electricity licence is void.
Modification of conditions of electricity licence
12.—(1)  Subject to this section, the Authority may modify the conditions of an electricity licence.
(2)  The Authority must not modify any condition of an electricity licence unless the Authority is satisfied that the modification is requisite or expedient having regard to the functions and duties of the Authority under section 3.
(3)  Before making any modification to the conditions of an electricity licence under this section, the Authority must give notice to the electricity licensee concerned and other electricity licensees likely to be affected by the proposed modification —
(a)stating that the Authority proposes to make a modification in the manner specified in the notice;
(b)stating the reasons why the Authority proposes to make the modification, including whether the need for the modification was the subject of a prior representation made by a third party or the electricity licensee concerned; and
(c)specifying the period from the date of the giving of the notice (not being less than 28 days) within which written representations with respect to the proposed modification may be made.
(4)  Where the Authority receives any written representation under subsection (3), the Authority must consider such representation and may —
(a)reject the representation; or
(b)withdraw or amend the proposed modification in accordance with the representation or otherwise,
and, in either event, it must thereupon issue a written direction to the electricity licensee concerned requiring that effect be given to the proposed modification specified in the notice (if any) or to such modification as may be subsequently amended by the Authority, within a reasonable time.
(5)  Any electricity licensee who is aggrieved by a decision of the Authority under subsection (4) may, within 14 days of the receipt by it of the direction of the Authority, appeal to the Appeal Panel under Part 8.
(6)  The Authority must not enforce a direction given under subsection (4) —
(a)during the period referred to in subsection (3)(c) unless the electricity licensee concerned consents to the modification referred to under subsection (3)(a) taking effect before the end of such period; and
(b)whilst the appeal of any electricity licensee is under consideration by the Appeal Panel.
(7)  If no written representation is received by the Authority within the period specified in subsection (3)(c) or if any written representation made under that subsection is subsequently withdrawn, the Authority may forthwith carry out the modification as specified in the notice given under that subsection.
Revocation or suspension of electricity licence
13.—(1)  Subsection (2) applies if the Authority is satisfied that —
(a)an electricity licensee has gone into compulsory liquidation or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
(b)any circumstance specified in an electricity licence that gives rise to the Authority’s power to revoke or suspend the licence exists;
(c)an electricity licensee has not complied with any direction or requirement issued by the Authority under section 14;
(d)an electricity licensee is no longer in a position to operate in conformity with this Act or the terms and conditions of its electricity licence; or
(e)the public interest or security of Singapore requires.
(2)  The Authority may, by written notice and without any compensation —
(a)revoke an electricity licence or suspend an electricity licence for such period as the Authority thinks fit; and
(b)in the case of subsection (1)(b) or (c), require the payment of a financial penalty, in addition to the imposition of any sanction under section 14, of an amount not exceeding 10% of the annual turnover of that part of an electricity licensee’s business in respect of which the licensee holds a licence, ascertained from the licensee’s latest audited accounts, or an amount not exceeding $1 million, whichever is higher.
Enforcement
14.  If the Authority is satisfied that an electricity licensee is contravening, or is likely to contravene or has contravened any condition of its electricity licence, any code of practice or other standard of performance applicable to the licensee, any provision of this Act or any direction (including a direction under paragraph (a)) issued by the Authority to or applicable to the electricity licensee, the Authority may by written notice to the electricity licensee do one or more of the following:
(a)direct the electricity licensee to do or not do such things as are specified in such direction;
(b)require the electricity licensee to provide a performance bond, guarantee or any other form of security on such terms and conditions as the Authority may determine;
(c)require the electricity licensee to pay a financial penalty of an amount not exceeding 10% of the annual turnover of that part of the licensee’s business in respect of which the licensee holds a licence, ascertained from the licensee’s latest audited accounts, or an amount not exceeding $1 million, whichever is higher.
[18/2006]
15.  [Repealed by Act 18 of 2006]
Codes of practice
16.—(1)  The Authority may issue or approve one or more codes of practice and other standards of performance for the regulation of activities and conduct in the electricity industry.
(2)  A code of practice issued or approved under this section may be modified by the Authority in accordance with the relevant code of practice by notice published in such manner as will secure adequate publicity.
(2A)  A code of practice issued or approved under this section may require the reduction of any emission of any greenhouse gas in the generation, transmission, import, export or supply of electricity, whether through importing from any source, or the use of any resource, methodology or technology, or the imposition of any emission standard, or otherwise.
[Act 37 of 2021 wef 29/01/2022]
(3)  If any provision in any code of practice issued or approved by the Authority is inconsistent with the regulations, such provision, to the extent of the inconsistency —
(a)has effect subject to such regulations; or
(b)having regard to such regulations, does not have effect.
(4)  Any code of practice issued or approved by the Authority under this section is deemed not to be subsidiary legislation.
(5)  In this section, a reference to a code of practice includes a standard of performance.
[18/2006]
Direction by Authority
17.—(1)  The Authority may give directions for or with respect to codes of practice and other standards of performance and procedures to be observed by electricity licensees and other persons —
(a)to ensure the reliability of the supply of electricity to the public;
(b)to ensure the security of the electricity system;
(c)to maintain the voltage or reactive flow of power through a transmission system of a transmission licensee;
(d)in the interests of public safety; or
(e)as may be necessary to allow the Authority to carry out its functions and duties under section 3.
[42/2018]
(2)  In giving any direction under subsection (1), the Authority must have regard to the market rules, the effect and purpose of the market rules and the implication of the direction on the market rules.
(3)  Any person who fails to comply with any direction given under subsection (1) shall be guilty of an offence.
Compliance with codes of practice
18.—(1)  Every electricity licensee must comply with the codes of practice and other standards of performance issued or approved under section 16 and directions given under section 17.
(2)  No electricity licensee may allow electricity to be generated, transmitted, supplied or retailed or market support services to be provided otherwise than in accordance with any applicable code of practice or other standards of performance specified in the conditions of its electricity licence, the regulations or any direction given by the Authority.
Exclusion of liability of Authority
19.  Despite the grant of any electricity licence, the Authority is not liable in any circumstance for any loss, damage or cost sustained by any person as a result of any default, negligence, breach or other wrongful act or omission of any electricity licensee or any agent or employee of the electricity licensee.
Duties of electricity licensees
20.—(1)  It is the duty of a generation licensee to develop and maintain a reliable, efficient, coordinated and economical system of electricity generation in accordance with the market rules and such applicable codes of practice and other standards of performance as may be issued or approved by the Authority under section 16.
(2)  It is the duty of a transmission licensee —
(a)to develop and maintain a reliable, efficient, coordinated and economical transmission system in accordance with such applicable codes of practice and other standards of performance as may be issued or approved by the Authority under section 16;
(b)to facilitate competition in the generation and sale of electricity by making its transmission system available to persons authorised to generate, trade or retail electricity or to provide market support services on terms which neither prevent nor restrict such competition; and
(c)to provide non-discriminatory access to its transmission system for the supply and use of electricity in accordance with this Act, its transmission licence and the market rules.
(3)  It is the duty of a retail electricity licensee to develop and maintain a reliable, efficient, coordinated and economical electricity retail business in accordance with such applicable codes of practice and other standards of performance as may be issued or approved by the Authority under section 16.
(4)  It is the duty of a market support services licensee —
(a)to develop and maintain a reliable, efficient, coordinated and economical system for the provision of market support services in accordance with such applicable codes of practice and other standards of performance as may be issued or approved by the Authority under section 16;
(b)to facilitate competition in the retail of electricity by providing market support services to consumers and retail electricity licensees on terms which neither prevent nor restrict such competition; and
(c)to provide non-discriminatory access to its market support services in order to facilitate retail competition in accordance with this Act, its market support services licence and the market rules.
(5)  It is the duty of an electricity licensee to ensure that it will not do or not omit to do any act which will adversely affect, directly or indirectly, the security and stability of the electricity supplied by it or by any other person to consumers.
Connections to and use of key facilities, etc.
20A.—(1)  The Authority may direct any person mentioned in any of the following paragraphs to allow an electricity licensee (E) to carry out any activity described in the paragraph:
(a)to connect any key conduit of E to any key facility or key conduit of a person and to use the key facility or key conduit of the person;
(b)to install and use any key conduit of E at any premises owned or occupied by a person;
(c)to install and use any usage equipment of E at a key facility or key conduit of a person, or a key conduit of E, mentioned in paragraph (a) or (b);
(d)to use any prescribed wharf or jetty owned or occupied by a person, to berth any vessel on which E is to load or from which E is to discharge any material of E, and to load the material onto or discharge the material from the vessel;
(e)to use any equipment, apparatus, appliance or facility, or any key conduit, of a person at any prescribed wharf or jetty, to enable E
(i)to load any material of E onto or discharge any material of E from any vessel berthed at the prescribed wharf or jetty; or
(ii)to bring any material of E to or away from the prescribed wharf or jetty;
(f)to install and use any equipment, apparatus, appliance or facility of E at a prescribed wharf or jetty owned or occupied by a person, to enable E to carry out any activity described in paragraph (e)(i) or (ii).
[Act 27 of 2024 wef 01/07/2025]
(1A)  To avoid doubt, the Authority may issue directions to more than one person at any one time, in relation to the same E.
[Act 27 of 2024 wef 01/07/2025]
(1B)  To avoid doubt, the premises mentioned in subsection (1)(b) need not be premises at which any key facility or key conduit of a person (to which E is to connect its key conduit) is situated, or at which E is to install any usage equipment.
[Act 27 of 2024 wef 01/07/2025]
(1C)  The Authority may make a direction under subsection (1) only if it considers that the direction is necessary —
(a)in the public interest; or
(b)to ensure the security and reliability of the supply of electricity to the public.
[Act 27 of 2024 wef 01/07/2025]
(2)  For the purpose of subsection (1), the direction may —
(a)require the person to allow E to enter any premises owned or occupied by the person for the purposes of carrying out any activity mentioned in subsection (1) and specified in the direction, and in any event require the person not to do, or cause or allow to be done, anything that may prevent E from carrying out the activity; and
(b)require the person and E to enter into an agreement within the period of 30 days after the connection or installation under subsection (1)(a), (b), (c) or (f) has been made or the use in subsection (1)(d) or (e) has commenced, for the purposes of —
(i)granting E a wayleave —
(A)for the continuation of the connection or installation at the premises;
(B)for E to be able to carry out maintenance works on —
(BA)the connection at the premises; or
(BB)the key conduit, usage equipment, equipment, apparatus, appliance or facility of E installed at the premises; or
(C)for E to continue the use specified in the direction,
as the case may be; and
(ii)reasonably compensating the person for any loss suffered as a result of the connection, installation or use,
and the person and E must comply with a direction under subsection (1) to the extent that it relates to either of them.
[Act 27 of 2024 wef 01/07/2025]
(2A)  The Authority may, upon the request of the person or E, grant one or more extensions of the period mentioned in subsection (2)(b).
[Act 27 of 2024 wef 01/07/2025]
(3)  If the person and E are unable to agree on the terms for any matter so as to be able to enter into an agreement in accordance with a requirement under subsection (2)(b), either the person or E may request the Minister to establish an Appeal Panel under section 65 to determine the reasonable terms for that matter.
[42/2018]
[Act 27 of 2024 wef 01/07/2025]
(4)  The decision of the Appeal Panel under subsection (3) must include a date on which the person and E are treated as having entered into an agreement comprising —
(a) (if any) the terms agreed between the person and E; and
[Act 27 of 2024 wef 01/07/2025]
(b)the terms determined by the Appeal Panel,
and the person and E are treated as having entered into an agreement with each other as from that date on all such terms.
[42/2018]
[Act 27 of 2024 wef 01/07/2025]
(5)  The direction of the Authority under subsection (1) is revoked as from the date mentioned in the Appeal Panel’s decision under subsection (4) to the extent the decision is inconsistent with that direction.
[42/2018]
(6)  Nothing in subsection (4) prevents the person and E from varying or terminating the agreement treated as entered into under that subsection.
[42/2018]
[Act 27 of 2024 wef 01/07/2025]
(7)  A person need not comply with a direction given by the Authority under subsection (1) for so long as an appeal under section 98 against the direction is pending.
[Act 27 of 2024 wef 01/07/2025]
(8)  Any person who contravenes a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.
[Act 27 of 2024 wef 01/07/2025]
(9)  In this section —
“key conduit” means any of the following:
(a)any electric line;
(b)any pipe or channel for transporting —
(i)any fuel required in connection with the generation of electricity (including for the purpose of creating or maintaining any stocks of fuel, whether or not pursuant to section 27), but not any gas as defined in section 2 of the Gas Act 2001;
(ii)any coolant (including seawater) required in connection with the cooling of any electrical plant used in generating or transmitting electricity; or
(iii)any waste (including emissions) produced in connection with the generation of electricity, or the production of fuel for use in connection with the generation of electricity;
(c)any other conduit prescribed by regulations made under section 103 as a key conduit for the purposes of this section;
“key facility” means any of the following:
(a)any electrical plant (including any energy storage system);
(b)any facility for receiving, storing or pumping —
(i)any fuel required in connection with the generation of electricity (including for the purpose of creating or maintaining any stocks of fuel, whether or not pursuant to section 27), but not any gas as defined in section 2 of the Gas Act 2001;
(ii)any coolant (including seawater) required in connection with the cooling of any electrical plant used in generating or transmitting electricity; or
(iii)any waste (including emissions) produced in connection with the generation of electricity, or the production of fuel for use in connection with the generation of electricity;
(c)any other facility prescribed by regulations made under section 103 as a key facility for the purposes of this section;
“prescribed wharf or jetty” means a wharf or jetty prescribed by regulations made under section 103 for the purposes of this section;
“usage equipment” means any equipment, apparatus or appliance connected with the use or operation of a key facility or a key conduit.
[Act 27 of 2024 wef 01/07/2025]
Connections to and use of key facilities, etc.: supplementary provisions
20B.—(1)  An agreement under section 20A ceases to be binding on the person and E upon —
(a)the determination of the agreement upon the expiration of a period specified in the agreement;
(b)the termination of the agreement pursuant to a term contained in the agreement, or any written law or rule of law; or
(c)despite anything in the agreement, the person ceasing, after the agreement is entered into, to own the key facility or key conduit to which E’s key conduit is connected, or to own or occupy the premises at which E’s key conduit, usage equipment, equipment, apparatus, appliance or facility is installed.
(2)  Upon the agreement ceasing to be binding on the person and E, a notice to remove any connection, or E’s key conduit, usage equipment, equipment, apparatus, appliance or facility, covered by the agreement, may be given to E by —
(a)where subsection (1)(a) or (b) applies, the person; or
(b)where subsection (1)(c) applies, the person who is the owner of the key facility or key conduit to which E’s key conduit is connected or the owner or occupier of the premises (as the case may be) following the change in the ownership or occupation.
(3)  The notice must give E at least the period prescribed by regulations made under section 103 to effect the removal.
(4)  E may, during the period given in the notice to remove, apply to the Authority —
(a)where E is of the view that the period given to it (including where the period is the prescribed period mentioned in subsection (3)) is insufficient for it to effect the removal — for an extension of the period; or
(b)for another direction under section 20A(1).
(5)  Where E has made an application under subsection (4), E need not comply with the notice to remove pending the Authority’s decision on the application.
(6)  Where the Authority refuses to grant the application under subsection (4), then, unless the person cancels the notice, E must comply with the notice to remove before the end of the latest of the following periods:
(a)the period in the notice to remove;
(b)for an application under subsection (4)(b), the period prescribed by regulations made under section 103 after the date of the Authority’s refusal to grant the direction requested;
(c)the period specified (if any) in the notice of the Authority’s refusal.
(7)  Despite subsection (6), E need not comply with the notice to remove if E appeals under section 98 against a decision of the Authority mentioned in that subsection, for so long as the appeal is pending.
(8)  Where the decision on appeal confirms the decision of the Authority, E must comply with the notice to remove before the end of the later of the following periods:
(a)for an application under subsection (4)(b), the period prescribed by regulations made under section 103 after the date of the decision on appeal;
(b)the period specified (if any) in the decision on appeal.
(9)  Where, pursuant to section 20A, E has at any premises installed any key conduit, usage equipment, equipment, apparatus, appliance or facility, each of these —
(a)continues to remain the property of E and is deemed not to be a fixture, and does not vest in the owner of the premises; and
(b)is not to be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is.
(10)  In this section, “key conduit”, “key facility” and “usage equipment” have the meanings given by section 20A(9).
[Act 27 of 2024 wef 01/07/2025]
Non-contestable consumers
21.—(1)  A market support services licensee must provide market support services to a non-contestable consumer in accordance with this Act and its licence, and on terms and conditions approved by the Authority.
(2)  A market support services licensee must not discontinue the provision of market support services to any non-contestable consumer except in accordance with its licence.
(3)  Nothing in this section is to be taken as requiring a market support services licensee to procure a supply of electricity to the premises of any non-contestable consumer if —
(a)it is prevented from doing so by circumstances not within its control;
(b)circumstances exist by reason of which its doing so would or might involve the market support services licensee or any other electricity licensee being in breach of this Act, and the market support services licensee or other electricity licensee has taken all reasonable steps to prevent the circumstances from occurring and to prevent them from having that effect; or
(c)any building on the premises has been erected in contravention of any written law or is in a ruinous or dangerous condition.
Tariffs set by market support services licensee for non‑contestable consumers
22.—(1)  Subject to this section, the prices to be charged by a market support services licensee and to be paid by non-contestable consumers for the supply of electricity must be in accordance with such tariffs as may be set from time to time by the market support services licensee in accordance with the conditions of its electricity licence and with the approval of the Authority.
(2)  A tariff set by a market support services licensee under subsection (1) must be published in such manner as will secure adequate publicity for it.
(3)  In setting tariffs under subsection (1), a market support services licensee must neither show undue preference as between consumers similarly situated nor exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply and the quantity of electricity supplied.
Power to require security
23.—(1)  Subject to this section, where any person requires a supply of electricity, a market support services licensee or transmission licensee may require the person, or any retail electricity licensee acting on behalf of a consumer, to give it reasonable security for the payment to it of all money which may become due to it in respect of —
(a)the supply of electricity; or
(b)the provision of all or any main or electrical plant,
as the case may be.
(2)  Where any person fails to give the security required under subsection (1), the market support services licensee or the transmission licensee may, if it thinks fit, refuse to provide the supply of electricity or to provide or procure the provision of all or any main or electrical plant (as the case may be) for so long as the failure continues.
(3)  Where any person has not given the security under subsection (1), or the security given by that person has become invalid or insufficient —
(a)the market support services licensee or the transmission licensee may by notice require that person, within 7 days after the service of the notice, to give it reasonable security for the payment of all money which may become due to the market support services licensee or the transmission licensee in respect of the supply of electricity; and
(b)if that person fails to give such security, the market support services licensee or the transmission licensee may if it thinks fit discontinue the supply of electricity for so long as the failure continues.
Recovery of charges
24.—(1)  Subject to subsection (2), if a market support services licensee has good cause to direct a transmission licensee to disconnect a non-contestable consumer from a transmission system of the transmission licensee, including the failure of the consumer to pay an account, the market support services licensee may issue a direction to the transmission licensee to disconnect the consumer from the transmission system.
[42/2018]
(2)  A market support services licensee must not direct a transmission licensee to disconnect the supply of electricity to any residential premises by reason of failure by the consumer to pay an account for that supply if the failure occurs through lack of sufficient income of the consumer and of any other person normally resident on the premises supplied until —
(a)the market support services licensee has offered to advise the consumer about optional methods of arranging payment of the account; and
(b)the consumer —
(i)refuses or fails to accept that offer of advice within the period (being not less than 7 days) specified by the market support services licensee in each case; or
(ii)accepts the offer of advice, but refuses or fails to take any reasonable action to pay the account within the period (being not less than 7 days) specified by the market support services licensee.
(3)  A transmission licensee who receives a direction from a market support services licensee under subsection (1) must comply with that direction as soon as possible.
(4)  Subject to this section, if a contestable consumer has not, on the due date, paid all charges due from the contestable consumer to a transmission licensee, the licensee may —
(a)in accordance with its licence and the market rules, disconnect that consumer from the transmission system of the transmission licensee to which the charges relate;
(b)discontinue the supply of electricity to the premises, or any other premises occupied by the consumer by any other means that the licensee thinks fit; and
(c)recover any expenses incurred in so doing from the consumer.
[42/2018]
(5)  Where a transmission licensee has disconnected the supply of electricity to any premises in consequence of any default on the part of a consumer, the licensee must, subject to the market rules, reconnect the supply of electricity to the consumer within a reasonable time if the consumer in default has —
(a)made good the default;
(b)paid the reasonable expenses of disconnecting and re‑connecting the supply; and
(c)given such security as the transmission licensee may reasonably require.
(6)  Where a market support services licensee receives any payment from a consumer and the consumer has not, in making the payment, indicated to the market support services licensee the charges in respect of which the payment is to be made, the licensee may apportion the payment received to pay such charges in such proportion and manner as may be prescribed.
Additional terms of supply of electricity
25.—(1)  Where any person requires a supply of electricity, a market support services licensee or a transmission licensee may require (or may cause a retail electricity licensee to require) that person to accept in respect of the supply —
(a)any condition requiring the person to provide sufficient premises and to construct such rooms, buildings or structures as may be considered necessary by the licensee to accommodate and house the electrical plant required for the purposes of the supply;
(b)any condition giving the licensee the right to use the premises, rooms, buildings or structures provided or constructed under paragraph (a) for the purposes of the supply; and
(c)any restriction which must be imposed for the purpose of enabling the licensee to comply with this Act and its licence.
(2)  If a retail electricity licensee is required to secure the provision or acceptance of any one or more of the conditions or restrictions referred to in subsection (1), the retail electricity licensee must do all things necessary to secure the provision or acceptance of such conditions or restrictions as may be required in each particular case.
Determination of disputes by Authority
26.—(1)  Any dispute between a consumer and a market support services licensee as to whether supply of electricity should be provided to that consumer —
(a)may be referred to the Authority by either party; and
(b)on such a reference, is to be determined by the Authority, whose decision is final and conclusive between the parties.
(2)  Notwithstanding that a dispute between a consumer and a market support services licensee has been referred to the Authority, the licensee must, subject to sections 21(3) and 41(13), supply electricity to the consumer until the dispute is determined by the Authority.
Fuel stocks
27.—(1)  In respect of any generating station, the Authority may give a direction requiring the electricity licensee who operates it —
(a)to make such arrangements with respect to stocks of fuel held at or near that generating station for the purposes of its operation as will —
(i)enable those stocks to be brought within a specified time to, and thereafter maintained at, a specified level; and
(ii)ensure that they do not fall below that level, except as may be permitted by the terms of the direction or by a direction under subsection (2); and
(b)to create such stocks and make such arrangements with respect to them,
and the amount of any stocks may be specified by reference to the period for which it would enable the generating station to be maintained in operation.
(2)  In respect of any generating station, the Authority may, in the event of an emergency, give a direction —
(a)authorising or requiring the electricity licensee who operates it to make such use as may be specified of any stocks held at or near that generating station; and
(b)requiring that electricity licensee to operate, or not to operate, that generating station for specified periods, at specified levels of capacity or use specified fuels.
(3)  In this section, “specified” means specified by or under the direction of the Authority and such direction may —
(a)specify the cases and circumstances in which any stocks are to be treated as held at or near any generating station;
(b)specify the extent to which the direction may be treated as complied with;
(c)specify the manner in which any period mentioned in subsection (1) or (2) is to be determined; and
(d)require anything falling to be specified under the direction to be specified by such person and by reference to such matters as may be specified.
(4)  A direction under subsection (1) or (2) which confers on any person the function of specifying anything falling to be specified under the direction may require that person to exercise that function in the manner specified by the direction.
PART 4
SPECIAL ADMINISTRATION ORDER
[18/2006]
Special administration order
28.—(1)  A special administration order is an order of the Minister made in accordance with section 29 in relation to an electricity licensee directing that, during the period for which the order is in force, all or any of the affairs, business and property of that electricity licensee is to be managed directly or indirectly by the Authority —
(a)for securing one or more of the purposes of such an order set out in subsection (2); and
(b)in a manner which protects the respective interests of the shareholders and creditors of that electricity licensee.
[42/2018]
(2)  The purposes referred to in subsection (1)(a) are —
(a)the security and reliability of the supply of electricity to the public;
(b)the survival of the electricity licensee, or the whole or part of its business for which it is authorised by its licence to carry on, as a going concern;
(c)the transfer to another company, or (as respects different parts of the area to which the electricity licensee’s licence relates, or different parts of its business or undertaking) to 2 or more different companies, as a going concern, of such of the electricity licensee’s undertakings as it is necessary to transfer in order to ensure that the functions and duties which have been vested in the electricity licensee by virtue of its licence may be properly carried out; or
(d)the carrying out of the functions and duties which have been vested in the electricity licensee pending the making of the transfer and the vesting of those functions and duties in other company or companies.
(3)  The Minister may make regulations —
(a)for giving effect to this section and section 29, including regulations governing the transfer of the electricity licensee’s business or undertaking referred to in subsection (2)(c); and
(b)where a special administration order is made, for applying, omitting or modifying the provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018.
[40/2018]
[Act 37 of 2021 wef 29/01/2022]
Power to make special administration order, etc.
29.—(1)  If, on an application made to the Minister by the Authority, the Minister is satisfied in relation to any electricity licensee that any one or more of the grounds specified in subsection (2) are satisfied in relation to that electricity licensee, the Minister may make any one or more of the following orders:
(a)a special administration order in relation to that electricity licensee;
(b)an order requiring the electricity licensee immediately to take any action or to do or not to do any act or thing in relation to that part of its business or undertaking to which its electricity licence relates as the Minister may consider necessary;
(c)an order appointing a person to advise the electricity licensee in the proper conduct of that part of its business or undertaking to which its electricity licence relates.
(2)  The grounds referred to in subsection (1) are —
(a)the electricity licensee is or is likely to be unable to pay its debts;
(b)the occurrence of a public emergency;
(c)the Minister considers it in the interest of the security and reliability of supply of electricity to the public; or
(d)the Minister considers it in the public interest.
(3)  Notice of any application under subsection (1) must be given immediately by the Authority to such persons and in such manner as may be determined by the Authority.
(4)  Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity.
(5)  Any decision of the Minister under subsection (1) is final.
(6)  For the purposes of this section, an electricity licensee is unable to pay its debts if —
(a)where the electricity licensee is a company incorporated under the Companies Act 1967 — it is deemed to be unable to pay its debts under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; or
(b)where the electricity licensee is a variable capital company incorporated under the VCC Act — it is deemed to be unable to pay its debts under —
(i)the repealed section 254(2) of the Companies Act 1967 as applied by section 130 of the VCC Act as in force before the operative date; or
(ii)section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018, as applied by section 130 of the VCC Act as in force on the operative date.
[S 26/2022 wef 13/01/2022]
(7)  Despite any written law —
(a)an electricity licensee must not be wound up voluntarily without the consent of the Authority;
(b)no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to an electricity licensee without the consent of the Authority;
(c)no step may be taken by any person to enforce any security over an electricity licensee’s property, except where that person has served on the Authority 14 days’ notice of that person’s intention to take that step;
(d)no step may be taken by any person to enforce a judgment or order of court obtained against an electricity licensee, except where that person has served on the Authority 14 days’ notice of that person’s intention to take that step; and
[Act 25 of 2021 wef 01/04/2022]
(e)no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to an electricity licensee, unless that person has served 14 days’ written notice of that person’s intention to make the application on the Authority.
[40/2018; 42/2018]
(8)  The Authority must be a party to —
(a)any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 or Part 11 of the VCC Act relating to the winding up of the affairs of an electricity licensee; or
[S 26/2022 wef 13/01/2022]
(b)any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to an electricity licensee.
[40/2018]
(9)  In this section, unless the context otherwise requires —
“operative date” means the date of commencement of section 48 of the Variable Capital Companies (Miscellaneous Amendments) Act 2019;
“VCC” has the meaning given by section 2(1) of the VCC Act;
“VCC Act” means the Variable Capital Companies Act 2018.
[S 26/2022 wef 13/01/2022]
Remuneration and expenses of Authority and others
30.—(1)  Where a special administration order has been made under section 29(1)(a), the Authority may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the electricity licensee to the Authority.
(2)  The Authority may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by an electricity licensee to any person appointed by the Minister under section 29(1)(c) to advise the electricity licensee in the proper conduct of the business or undertaking to which its electricity licence relates.
PART 4A
CONTROL OF ELECTRICITY LICENSEES AND ENTITIES
WITH INTERESTS IN TRANSMISSION SYSTEMS
Interpretation of this Part
30A.  In this Part, unless the context otherwise requires ––
“arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied;
“associate” has the meaning given to that expression in regulations made under section 30C;
“business trust” has the meaning given by section 2 of the Business Trusts Act 2004;
“corporation” has the meaning given by section 4(1) of the Companies Act 1967;
“designated business trust” means a business trust that is established wholly or partly in respect of a transmission system (or any part thereof) and which has been declared by the Minister to be a designated business trust for the purposes of section 30B;
“designated electricity licensee” means any of the following:
(a)a transmission licensee;
(b)a transmission agent licensee;
(c)any other electricity licensee declared by the Minister to be a designated electricity licensee for the purposes of this Part;
“designated entity” means an entity, not being an electricity licensee —
(a)that owns a transmission system (or any part of a transmission system); or
(b)which the Authority is satisfied —
(i)will engage in (but has not yet commenced engaging in); or
(ii)is engaging in,
an activity mentioned in section 6(1) that is critical to Singapore’s energy security and reliability,
and is declared by the Minister to be a designated entity for the purposes of this Part;
[Act 27 of 2024 wef 01/07/2025]
“entity” includes a corporation and a limited liability partnership;
“equity interest” has the meaning given to that expression in regulations made under section 30C;
“limited liability partnership” means a limited liability partnership formed under section 4(1) of the Limited Liability Partnerships Act 2005;
“trustee-manager” has the meaning given by section 2 of the Business Trusts Act 2004.
[18/2006; 42/2018]
Control of acquisition of equity interest in designated electricity licensee, etc.
30B.—(1)  A designated electricity licensee, a designated entity or the trustee-manager of a designated business trust must give notice in writing to the Authority if any person acquires equity interest in the licensee, the entity or the business trust, respectively, whether through a series of transactions over a period of time or otherwise, that would result in that person holding 5% or more but less than 12% of the total equity interest in the licensee, the entity or the business trust, respectively.
[18/2006]
(2)  The notice under subsection (1) must be given within 5 days after the designated electricity licensee, the designated entity or the trustee‑manager of the designated business trust (as the case may be) becomes aware of the acquisition mentioned in that subsection.
[42/2018]
(3)  No person may, whether through a series of transactions over a period of time or otherwise, become a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller of a designated electricity licensee, a designated entity or a designated business trust without obtaining the prior written approval of the Authority.
[18/2006]
[Act 27 of 2024 wef 01/07/2025]
(3A)  No person may, whether through a series of transactions over a period of time or otherwise, cease to become a 50% controller or a 75% controller of a designated electricity licensee, a designated entity or a designated business trust without obtaining the prior written approval of the Authority.
[Act 27 of 2024 wef 01/07/2025]
(4)  No person may acquire as a going concern —
(a)the business, or any part of the business, of a designated electricity licensee conducted pursuant to its licence;
(b)the business, or any part of the business, of a designated entity which —
(i)for a designated entity within paragraph (a) of the definition of “designated entity” in section 30A — relates to its transmission system or any part thereof; and
(ii)for a designated entity within paragraph (b) of the definition of “designated entity” in section 30A — relates to the activity or any part thereof by reason of which it is a designated entity; or
[Act 27 of 2024 wef 01/07/2025]
(c)the business, or any part of the business, of a designated business trust relating to a transmission system or any part of a transmission system in respect of which, wholly or in part, the business trust is established,
unless the person, and the licensee, the entity or the trustee‑manager of the business trust (as the case may be) obtain the prior written approval of the Authority.
[18/2006; 42/2018]
(5)  The Authority may approve an application of a person under subsection (3) if the Authority is satisfied that —
(a)the person, and every associate of the person known to the Authority, is a fit and proper person;
[Act 27 of 2024 wef 01/07/2025]
(b)having regard to the likely influence of the person and every associate of the person known to the Authority, the designated electricity licensee, the designated entity or the trustee-manager of the designated business trust (as the case may be) will continue to conduct its business prudently and comply with the provisions of this Act; and
[Act 27 of 2024 wef 01/07/2025]
(c)it is in the public interest to do so.
[18/2006]
(5A)  The Authority may approve an application of a person under subsection (3A) if the Authority is satisfied that —
(a)the designated electricity licensee, the designated entity or the trustee-manager of the designated business trust (as the case may be) will continue to conduct its business prudently and comply with the provisions of this Act, despite the person ceasing to be a 50% controller or a 75% controller; and
(b)it is in the public interest to do so.
[Act 27 of 2024 wef 01/07/2025]
(6)  The Authority may approve an application under subsection (4) if the Authority is satisfied that —
(a)the person acquiring the business is a fit and proper person;
(b)the acquisition will not affect the security and reliability of the supply of electricity to the public; and
(c)it is in the public interest to do so.
[18/2006]
(7)  Any approval by the Authority under this section may be granted subject to such conditions as the Authority may determine, including but not limited to any condition —
(a)restricting the disposal or further acquisition of equity interests or voting power in the designated electricity licensee, designated entity or designated business trust; or
(b)restricting the exercise of voting power in the designated electricity licensee, designated entity or designated business trust.
[42/2018]
(8)  The Authority may at any time add to, vary or revoke any condition imposed under this section.
[42/2018]
(9)  Any condition imposed by the Authority under this section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the licensee, the entity or the business trust.
[18/2006]
(10)  Any approval granted by the Authority under this section is without prejudice to the operation of Part 7.
[18/2006]
(11)  In this section —
“12% controller” means a person, not being a 25% controller, who, alone or together with the person’s associates —
(a)holds 12% or more of the total equity interest in; or
(b)is in a position to control 12% or more of the voting power in,
the licensee, the entity or the business trust;
[Act 27 of 2024 wef 01/07/2025]
“25% controller” means a person, not being a 30% controller, who, alone or together with the person’s associates —
(a)holds 25% or more of the total equity interest in; or
(b)is in a position to control 25% or more of the voting power in,
the licensee, the entity or the business trust;
[Act 27 of 2024 wef 01/07/2025]
“30% controller” means a person, not being a 50% controller, who, alone or together with the person’s associates —
(a)holds 30% or more of the total equity interest in; or
(b)is in a position to control 30% or more of the voting power in,
the licensee, the entity or the business trust;
[Act 27 of 2024 wef 01/07/2025]
“50% controller” means a person, not being a 75% controller, who, alone or together with the person’s associates —
(a)holds 50% or more of the total equity interest in; or
(b)is in a position to control 50% or more of the voting power in,
the licensee, the entity or the business trust;
[Act 27 of 2024 wef 01/07/2025]
“75% controller” means a person who, alone or together with the person’s associates —
(a)holds 75% or more of the total equity interest in; or
(b)is in a position to control 75% or more of the voting power in,
the licensee, the entity or the business trust;
[Act 27 of 2024 wef 01/07/2025]
“indirect controller” means any person, whether acting alone or together with any other person, and with or without holding equity interest or controlling voting power in the licensee, the entity or the business trust, as the case may be —
(a)in accordance with whose directions, instructions or wishes the directors of the licensee, the directors or other officers of the entity, or the trustee-manager of the business trust are accustomed or under an obligation, whether formal or informal, to act; or
(b)who is in a position to determine the policy of the licensee, the entity or the business trust,
but does not include —
(c)in the case of the licensee, a person who is the chief executive officer, a director or the chairperson of the board of directors of the licensee whose appointment as such has been approved by the Authority under section 30G; or
(d)a person in accordance with whose directions, instructions or wishes the directors of the licensee, the directors or other officers of the entity or the trustee‑manager of the business trust are accustomed to act by reason only that they act on advice given by the person in the person’s professional capacity.
[18/2006; 42/2018]
Regulations for carrying out section 30B
30C.—(1)  The Authority may, with the approval of the Minister, make such regulations under section 103 as are necessary or expedient for carrying out the purposes of section 30B.
[18/2006; 42/2018]
(2)  Without limiting subsection (1), the regulations may prescribe —
(a)the meaning of equity interest and the circumstances under which a person would be considered to hold a percentage of the total equity interest in a designated electricity licensee, a designated entity or a designated business trust;
(b)the circumstances under which a person would be considered to be in a position to control a percentage of the voting power in a designated electricity licensee, a designated entity or a designated business trust;
(c)the circumstances under which a person would be considered to have acquired as a going concern a business referred to in section 30B(4);
(d)the circumstances under which a person would be considered to be an associate for the purposes of sections 30B, 30D and 30F; and
(e)the manner in which any notice or application under section 30B must be given or made, and the person or persons who are required to give the notice or make the application.
[18/2006; 42/2018]
Power to exempt
30CA.  The Authority may, by order in the Gazette, exempt —
(a)any person or class of persons; or
(b)any class or description of equity interests,
from section 30B(1), (3), (3A) or (4), subject to such conditions as may be specified in the order.
[42/2018]
[Act 27 of 2024 wef 01/07/2025]
Power to issue directions
30D.—(1)  The Authority may issue any direction to a person under subsection (2), (2A) or (3) if the Authority is satisfied that —
(a)the person has contravened section 30B(3), (3A) or (4);
[Act 27 of 2024 wef 01/07/2025]
(b)in the case of a person who has obtained the Authority’s approval under section 30B(3) or who has been exempted from section 30B(3) under section 30CA —
(i)the person or any associate of the person is not or ceases to be a fit and proper person;
[Act 27 of 2024 wef 01/07/2025]
(ii)having regard to the likely influence of the person or any associate of the person —
(A)the designated electricity licensee or designated entity (as the case may be) is not, or is no longer, likely to conduct its business prudently or to comply with the provisions of this Act; or
(B)the trustee-manager of the designated business trust is not, or is no longer, likely to conduct the business of the business trust prudently or to comply with the provisions of this Act; or
[Act 27 of 2024 wef 01/07/2025]
(iii)it is not, or is no longer, in the public interest to allow the person to continue to be a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller, as the case may be;
[Act 27 of 2024 wef 01/07/2025]
(ba)in the case of a person who has obtained the Authority’s approval under section 30B(3A) or who has been exempted from section 30B(3A) under section 30CA, and ceases to be a 50% controller or a 75% controller of the designated electricity licensee, designated entity or trustee-manager of the designated business trust, as the case may be —
(i)the designated electricity licensee or designated entity (as the case may be) is not conducting, or is no longer likely to conduct, its business prudently or to comply with the provisions of this Act because of the cessation; or
(ii)the trustee-manager of the designated business trust is not conducting, or is no longer likely to conduct, the business of the business trust prudently or to comply with the provisions of this Act because of the cessation;
[Act 27 of 2024 wef 01/07/2025]
(c)in the case of a person who has obtained the Authority’s approval under section 30B(4) or who has been exempted from section 30B(4) under section 30CA, and who has acquired as a going concern a business mentioned in section 30B(4) —
(i)the person is not or ceases to be a fit and proper person; or
(ii)it is not, or is no longer, in the public interest to allow the person to continue to own or manage that business;
(d)the person has furnished false or misleading information or documents in connection with an application under section 30B;
(e)the Authority would not have granted its approval under section 30B had it been aware, at that time, of circumstances relevant to the person’s application for such approval; or
(f)any condition imposed on the person under section 30B or 30CA has not been complied with.
[18/2006; 42/2018]
[Act 27 of 2024 wef 01/07/2025]
(2)  Where the person is a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller of a designated electricity licensee, designated entity or designated business trust, the Authority may, by written notice —
(a)direct the person to take such steps as are necessary, within such period as may be specified by the Authority, to ensure that the person ceases to be a 12% controller, a 25% controller, a 30% controller, a 50% controller, a 75% controller or an indirect controller of the licensee, entity or business trust;
[Act 27 of 2024 wef 01/07/2025]
(b)direct the person or any of the person’s associates to transfer or dispose of all or any of the equity interests in the licensee, entity or business trust held by the person or the person’s associate (called in this section and section 30E the specified equity interests) within such time and subject to such conditions as the Authority considers appropriate;
(c)restrict the transfer or disposal of the specified equity interests; or
(d)make any other direction that the Authority considers appropriate.
[42/2018]
[Act 27 of 2024 wef 01/07/2025]
(2A)  Where the person has ceased to be a 50% controller or a 75% controller of a designated electricity licensee, designated entity or designated business trust (as the case may be), the Authority may, by written notice —
(a)direct the person to take any steps that are necessary, within the period specified by the Minister, to resume being a 50% controller or a 75% controller, as the case may be;
(b)direct any transferee to whom the person had transferred its equity interests so as to cease to be a 50% controller or a 75% controller (called in this section and section 30E the relevant equity interests) to take any steps that are necessary, within the period specified by the Minister, to transfer all or any of those equity interests back to the person;
(c)restrict the transfer or disposal of the relevant equity interests; or
(d)make any other direction that the Minister considers appropriate.
[Act 27 of 2024 wef 01/07/2025]
(3)  Where a person has acquired as a going concern a business referred to in section 30B(4), the Authority may —
(a)direct the person to transfer or dispose of all or any part of the business within such time and subject to such conditions as the Authority considers appropriate;
(b)restrict the transfer or disposal of the business or any part of the business; or
(c)make any other direction that the Authority considers appropriate.
[18/2006; 42/2018]
(4)  Before issuing any direction to a person under subsection (2), (2A) or (3), the Authority must, unless the Authority decides that it is not practicable or desirable to do so, give to the person written notice of the Authority’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction.
[18/2006]
[Act 27 of 2024 wef 01/07/2025]
(5)  Upon receipt of any written representation referred to in subsection (4), the Authority must consider it for the purpose of determining whether to issue the direction.
[18/2006]
(6)  Any person to whom a direction is issued under this section must comply with the direction.
[18/2006]
(7)  The Authority may vary or revoke any direction issued under this section.
[18/2006]
Effect of directions
30E.—(1)  Any direction issued to a person under section 30D takes effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the designated electricity licensee, the designated entity or the designated business trust, as the case may be.
[18/2006]
(2)  Where any direction is issued under section 30D(2)(b) or (c) or (2A)(b) or (c), despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution, of the licensee, the entity or the business trust, as the case may be —
(a)no voting rights are exercisable in respect of the specified equity interests or relevant equity interests unless the Authority expressly permits such rights to be exercised;
[Act 27 of 2024 wef 01/07/2025]
(b)no equity interest of the licensee, the entity or the business trust may be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified equity interests or relevant equity interests unless the Authority expressly permits such issue or offer; and
[Act 27 of 2024 wef 01/07/2025]
(c)except in a winding up of the licensee, the entity or the business trust, payments must not be made by the licensee, the entity or the trustee‑manager of the business trust of any amount (whether by way of dividends or otherwise) in respect of the specified equity interests or relevant equity interests unless the Authority expressly authorises such payment,
until the transfer or disposal is effected in accordance with the direction or until the direction is revoked, as the case may be.
[18/2006; 42/2018]
[Act 27 of 2024 wef 01/07/2025]
Offences, penalties and defences
30F.—(1)  Any person who contravenes section 30B or 30D(6) shall be guilty of an offence and shall be liable on conviction —
(a)in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or
(b)in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.
[18/2006]
(2)  Where a person is charged with an offence in respect of a contravention of section 30B(3) or (3A), it is a defence for the person to prove that —
(a)the person was not aware that the person had contravened section 30B(3) or (3A); and
[Act 27 of 2024 wef 01/07/2025]
(b)the person has, within 14 days of becoming aware that the person had contravened section 30B(3) or (3A), notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to the person’s holding of equity interest or control of voting power in the licensee, the entity or the business trust as the Authority may direct.
[18/2006]
[Act 27 of 2024 wef 01/07/2025]
(3)  Where a person is charged with an offence in respect of a contravention of section 30B(3), it is also a defence for the person to prove that, even though the person was aware of the contravention —
(a)the contravention occurred as a result of an increase in the holding of equity interest or in the voting power controlled by any of the person’s associates;
(b)the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the licensee, the entity or the business trust; and
(c)the person has, within 14 days of the date of the contravention, notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to the person’s holding of equity interest or control of voting power in the licensee, the entity or the business trust as the Authority may direct.
[18/2006]
(3A)  Where a person is charged with an offence in respect of a contravention of section 30B(3A), it is also a defence for the person to prove that, even though the person was aware of the contravention —
(a)the contravention occurred as a result of a decrease in the holding of equity interest or in the voting power controlled by any of the person’s associates;
(b)the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interest in, or under which they act together in exercising their voting power in relation to, the licensee, the entity or the business trust; and
(c)the person has, within 14 days of the date of the contravention, notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to the person’s holding of equity interest or control of voting power in the licensee, the entity or the business trust as the Authority may direct.
[Act 27 of 2024 wef 01/07/2025]
(4)  Except as provided in subsections (2), (3) and (3A), it is not a defence for a person charged with an offence in respect of a contravention of section 30B(1), (3) or (3A) to prove that the person did not intend to or did not knowingly contravene section 30B(1), (3) or (3A).
[18/2006]
[Act 27 of 2024 wef 01/07/2025]
Appointment of chief executive officer, director, etc., of designated electricity licensee
30G.—(1)  No designated electricity licensee may appoint a person as its chief executive officer, its director or the chairperson of its board of directors unless it has obtained the prior written approval of the Authority.
[18/2006]
(2)  Where a person has been appointed by a designated electricity licensee as its chief executive officer, its director or the chairperson of its board of directors in contravention of subsection (1), the Authority may issue a direction to the licensee to remove the person as its chief executive officer, its director or the chairperson of its board of directors, as the case may be.
[18/2006]
(3)  This section has effect despite the provisions of any other written law or of the memorandum or articles of association, or other constitution, of the designated electricity licensee.
[18/2006]
(4)  In this section —
“chief executive officer”, in relation to a designated electricity licensee, means any person, by whatever name described, who is —
(a)in the direct employment of, or acting for or by arrangement with, the designated electricity licensee; and
(b)principally responsible for the management and conduct of any type of business of the designated electricity licensee,
and includes any person for the time being performing all or any of the functions or duties of a chief executive officer;
“director” has the meaning given by section 4(1) of the Companies Act 1967.
[18/2006]
PART 5
MATTERS RELATING TO ELECTRICITY LICENSEES
Works by electricity licensee
31.—(1)  Subject to the provisions of this Act, a generation licensee, market support services licensee or transmission licensee may, for any purpose connected with the carrying on of the activities authorised by or required under its electricity licence —
(a)install under, over, in, on, along or across any land, premises, street or bridge and from time to time inspect, maintain, adjust, repair, alter, replace or remove —
(i)any electric line or electrical plant;
(ii)any structure for housing or covering any such line or plant; and
(iii)any meter, switch and any other suitable and proper apparatus, for the purpose of leading off service lines and other distributing conductors or of examining, testing, measuring, directing or controlling the supply of electricity or of testing the conditions of the mains and other portions of the works; and
(b)execute any work requisite for or incidental to the purposes of any work falling within paragraph (a), including for those purposes —
(i)excavating any land, street or drain;
(ii)tunnelling or boring under any land, street, sewer or drain;
(iii)removing or using all earth and materials in or under any land, street, sewer or drain;
(iv)erecting, placing or installing equipment, apparatus and other electrical plant in or under any land, building, street or bridge; and
(v)erecting, placing or installing poles on any land or street.
[18/2006]
(2)  A licensee referred to in subsection (1) must obtain the written approval of the Authority —
(a)before issuing a notice under subsection (7); or
(b)in the case of an emergency specified in subsection (7), before carrying out any work,
if the work to be carried out under this section is in relation to any matter specified in subsection (1)(a)(i), (ii) or (iii) which is owned or operated by another electricity licensee.
[18/2006]
(3)  The right of a licensee to carry out any work in accordance with this section has effect despite any agreement which prohibits the carrying out of the work.
[18/2006]
(4)  All such works, including the upper surface or covering thereof, must be constructed of such materials and maintained by the licensee referred to in subsection (1) in such manner as not to be a source of danger, whether by reason of inequality of surface or otherwise; and when such licensee lays any electric line that is liable to touch any main, pipe, line or other service, the conducting portion of the electric line must be effectually insulated.
[18/2006]
(5)  The licensee referred to in subsection (1) must pay compensation to any person who suffers any damage or loss of value to the person’s property as a result of any work performed by the licensee under subsection (1) of such amount as may be agreed between the licensee and the person, and such compensation may include an annual payment for the use of any land or immovable property for the licensee’s purpose.
[18/2006]
(6)  The licensee referred to in subsection (1) does not acquire any right other than that of a user only in respect of any land or property under, over, in, on, along or across which the licensee installs any electric line or electrical plant or executes any work under this section.
[18/2006]
(7)  Except in the case of an emergency arising from any fault in any electric line or electrical plant, the licensee referred to in subsection (1) must, before entering any land for the purpose specified in subsection (1), give 14 days’ written notice to the owner or occupier of the land, stating as fully and accurately as possible the nature and extent of the work to be carried out.
[18/2006]
(8)  Subject to subsection (9), the owner or occupier of the land who is given a notice under subsection (7) must comply with the notice and do all things necessary to facilitate the carrying out of the work specified in the notice.
[18/2006]
(9)  The owner or occupier of the land may, within 14 days of the receipt of the notice referred to in subsection (7), lodge a written objection with the Authority and the Authority must specify the date by which an inquiry into such objection must be made.
(10)  If no objection is lodged within the period specified in subsection (9), the licensee may enter on the land and do all or any of the works specified in the notice.
[18/2006]
(11)  Where an objection lodged under subsection (9) is not withdrawn before the date fixed for an inquiry into the matter under that subsection, the Authority must hold an inquiry, giving each party an opportunity to be heard.
(12)  Upon the conclusion of the inquiry, the Authority may authorise, either unconditionally or subject to such terms, conditions and stipulations as it thinks fit, the carrying out of any of the works specified in the notice given under subsection (7).
[18/2006]
(13)  The decision of the Authority under subsections (2) and (12) is final.
[18/2006]
(14)  The licensee referred to in subsection (1) must do as little damage as possible in the exercise of the powers conferred by subsection (1) and must, as soon as practicable, make good any damage done in the exercise of those powers.
[18/2006]
(15)  Where any dispute arises as to whether a licensee referred to in subsection (1) has sufficiently made good any damage done in the exercise of the powers conferred by subsection (1), the dispute —
(a)may be referred to the Authority by either party; and
(b)on such a reference, is to be determined by the Authority whose decision is final and conclusive between the parties.
[18/2006]
(16)  A licensee referred to in subsection (1) must exercise the powers conferred by subsection (1) in such manner as will secure that nothing which it installs or keeps installed under, over, in, on, along or across any premises, street or bridge becomes a source of danger to the public.
[18/2006]
(17)  A licensee referred to in subsection (1) is not, when exercising the powers conferred by subsection (1), liable for or required to pay any person any fee, charge or expense for the right to enter or use any land or premises.
[18/2006]
(18)  A licensee referred to in subsection (1) must not, without the written approval of a Government authority or statutory authority, enter or use any land or premises belonging to the Government authority or statutory authority for the purpose of exercising the powers conferred by subsection (1).
[18/2006]
Power to fell trees, etc.
32.—(1)  Where, in the opinion of an electricity licensee, there is at any time danger or suspected danger that any tree or vegetation near the licensee’s installation or plant may obstruct or interfere with the supply of electricity or cause damage to such installation or plant, the licensee may cause the tree or vegetation to be felled or dealt with in any other manner that will, in its opinion, avert the danger.
(2)  An electricity licensee is, in the exercise of its powers under subsection (1), subject to the provisions of the National Parks Board Act 1996 and the Parks and Trees Act 2005.
(3)  Where any tree or vegetation, which has been felled or dealt with under subsection (1), was in existence before the electricity licensee’s installation or plant was placed, erected or installed, the licensee must, subject to subsections (4) and (5), pay to any person adversely affected such sum as may be agreed between the licensee and the person, or in the absence of agreement, such sum as may be determined by the Authority.
(4)  No further compensation may be paid for the felling, lopping or clearing of any tree or vegetation where the action is necessary for the maintenance of an electricity licensee’s installation or plant and the tree or vegetation has grown or has been allowed to grow since the payment of compensation under subsection (3).
(5)  No compensation is payable by an electricity licensee under subsection (3) in respect of any tree or vegetation within 20 metres of the centre line of any road constructed or maintained by the Government or by any public authority unless it is proved that the tree or vegetation was in existence prior to the construction of the road.
(6)  Where the owner or occupier of any land fells, lops or clears any tree or vegetation adjacent to an electricity licensee’s installation or plant, the owner or occupier must give the licensee 14 days’ written notice of the intention of the owner or occupier to do so and must take such reasonable precautions as the licensee may require for the protection of such installation or plant.
(7)  If any such owner or occupier fails to give notice under subsection (6) or having given notice fails to take any such reasonable precautions as the electricity licensee may have required, such owner or occupier is liable to pay the licensee any cost and expense incurred by the licensee for any damage caused to any such installation or plant, subject to the Authority’s approval in the case of any dispute.
(8)  If any tree or vegetation is felled, lopped or cleared upon land adjacent to an electricity licensee’s installation or plant, it is presumed until the contrary is proved that the tree or vegetation was felled, lopped or cleared by the owner or occupier of the land or by the employees or agents of the owner or occupier acting as such.
Entry upon premises by electricity licensee for purposes of exploration
33.—(1)  Subject to this section and without prejudice to any other right of entry, a person authorised in writing by a transmission licensee or market support services licensee may, at any reasonable time, enter upon and survey any premises for the purpose of ascertaining whether the premises would be suitable for use for any purpose connected with the carrying on of the activities which the licensee is authorised by its electricity licence to carry on.
(2)  A person authorised to enter upon any premises under this section must not demand to do so as of right unless —
(a)7 days’ notice of the intended entry has been given to the occupier; and
(b)if required to do so, the person has produced evidence of the person’s authority.
(3)  The power to survey premises conferred by this section includes the power to search and bore for the purposes of ascertaining the nature of the subsoil, but works may not be carried out on the premises for this purpose unless —
(a)notice of the proposed works is included in the notice given under subsection (2); and
(b)where premises are held by any statutory authority which objects to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of its undertaking, the Minister gives his or her approval.
(4)  Where any person exercises any power conferred by this section, the licensee by whom the person was authorised must make good any damage done to the premises.
(5)  An electricity licensee must not, without the written approval of a Government authority or statutory authority, authorise any person to enter or use any premises belonging to the Government authority or statutory authority for the purpose of exercising the powers conferred by subsection (1).
Entry during continuance of supply
34.  A person authorised by a transmission licensee or market support services licensee to enter upon any premises may, at all reasonable times, on the production of some duly authenticated document showing the person’s authority, enter any premises to which a supply of electricity is being given for any of the following purposes:
(a)inspecting any electric line or electrical plant belonging to the licensee;
(b)ascertaining the register of any electricity meter;
(c)removing, inspecting or re-installing any such meter or installing any substitute meter;
(d)carrying out all other works necessary to maintain the supply of electricity.
Entry during discontinuance of supply
35.—(1)  Where —
(a)a transmission licensee or market support services licensee is authorised by this Act or its electricity licence to disconnect or discontinue the supply of electricity to any premises;
(b)a person occupying premises supplied with electricity by a retail electricity licensee or market support services licensee ceases to require such a supply; or
(c)a person entering into occupation of any premises previously supplied with electricity by a retail electricity licensee or market support services licensee does not require such a supply,
any person authorised in writing by the transmission licensee or market support services licensee may at all reasonable hours, on production of some duly authenticated document showing the person’s authority, enter the premises for the purposes of disconnecting the supply or removing any electrical plant, electric line or electricity meter, as the case may be.
(2)  Subject to section 39, the person so authorised by a transmission licensee or market support services licensee must not enter any dwelling house in actual occupation without 6 hours’ previous notice to the occupier, unless the occupier has given the occupier’s consent to the entry.
Entry for replacing, repairing or altering electric line or electrical plant
36.—(1)  Any person authorised by an electricity licensee in writing may, after 7 days’ notice to the occupier of any premises or to the owner of any premises which are unoccupied, at all reasonable times, on production of some duly authenticated document showing the person’s authority, enter the premises for the purpose of —
(a)placing a new electric line or electrical plant in the place of or in addition to any existing line or plant which has already been lawfully placed and which belongs to that licensee; or
(b)maintaining, inspecting, repairing, removing or altering any such existing line or plant.
(2)  In the case of an emergency arising from any fault in any electric line or electrical plant, entry may be made under subsection (1) without the notice required by that subsection, but the notice must then be given as soon as possible after the occurrence of the emergency.
Relocation of installation
37.—(1)  Where an installation has been laid under or upon any land by an electricity licensee and the owner or occupier of the land desires to use the land in a manner which renders it necessary or convenient to move such installation, the owner or occupier may request the licensee to move the installation accordingly.
(2)  An electricity licensee may, at the request of the owner or occupier of any premises under or upon which any installation of the licensee is situated, relocate the installation if the licensee is satisfied that such relocation is reasonable and the owner or occupier complies with such terms and conditions as the licensee may impose, including terms and conditions relating to the payment by the owner or occupier of all costs and expenses necessary for the relocation.
(3)  Where an installation has been laid under or upon any land by an electricity licensee and the installation is no longer in use by the occupier of the land or any other person for the purpose of the transmission or supply of electricity, the licensee may at its own volition, or at the reasonable request of the owner of the land, remove the installation from the land at the expense of the electricity licensee.
(4)  For the purposes of this section, “owner” includes any person having a leasehold interest in the land or premises with an unexpired term of not less than 7 years.
Electrical plant not fixtures and not subject to distress
38.  Any electrical plant, electric line, electricity meter, appliance, accessory, fitting and appurtenance owned or let for hire or lent to a consumer by an electricity licensee and which has been affixed or fastened to any part of the premises —
(a)continues to remain the property of that licensee and is deemed not to be a fixture, and does not vest in the owner of the premises; and
(b)is not to be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is.
[Act 25 of 2021 wef 01/04/2022]
Repurposing of installations
38A.—(1)  This section applies to a person who —
(a)is an electricity licensee or is exempted under section 8; and
(b)owns, or manages or controls, a relevant installation.
(2)  A person must not, without the prior approval of the Authority, use or allow the use of the relevant installation or any part of the relevant installation (including following any modification, replacement or disposal of any part of the relevant installation) other than as or as part of such relevant installation.
(3)  Regulations made under section 103 may exclude any of the following from the application of this section:
(a)any electricity licensee or person exempted under section 8;
(b)any relevant installation or any part of any relevant installation;
(c)any use of any relevant installation or part of any relevant installation (including following any modification, replacement or disposal of any part of the relevant installation), generally or in prescribed circumstances.
(4)  A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.
(5)  In this section, “relevant installation” means any of the following:
(a)a generating station;
(b)a generating unit;
(c)a transmission system;
(d)an energy storage system (including where the system is not part of a generating station, generating unit or transmission system).
[Act 27 of 2024 wef 01/07/2025]
Power to discontinue supply of electricity in emergency, etc.
39.—(1)  Where an electricity licensee is of the opinion that immediate action is necessary on the occurrence of any emergency, in the interest of public safety or in order to avoid undue interference with the efficient supply of electricity to other consumers or for such other reasons affecting public interest, the licensee —
(a)may forthwith discontinue the supply of electricity to any person;
(b)must immediately thereafter give written notice of the discontinuance to the person; and
(c)not being a market support services licensee, must immediately inform the market support services licensee of the discontinuance.
(2)  An electricity licensee is not liable for any loss or damage caused to any person by such discontinuance of the supply of electricity to the person.
Emergency plans
40.—(1)  The Authority may require an electricity licensee to prepare and file with the Authority such emergency plans in accordance with, and as may be specified in, its licence and the market rules.
(2)  The Authority may, with the approval of the Minister, direct an electricity licensee to implement an emergency plan prepared by that licensee on one or more occasions and with such modifications as the Minister may, from time to time, consider necessary.
Contestable consumers
41.—(1)  The Authority may, with the approval of the Minister, make regulations prescribing the circumstances in which a consumer becomes, or ceases to be, a contestable consumer (including upon the grant of an application made by the consumer to be or to cease to be such).
[42/2018]
(2)  A market support services licensee must provide market support services to a contestable consumer in accordance with this Act and its licence, and on terms and conditions approved by the Authority.
(3)  A contestable consumer is to purchase electricity for consumption on the consumer’s own premises in accordance with any one of the following options:
(a)purchase electricity from a retail electricity licensee on mutually agreed terms and conditions;
(b)subject to subsection (4), purchase electricity directly from any wholesale electricity market at prevailing market prices;
(c)purchase electricity indirectly from any wholesale electricity market through a market support services licensee at prevailing market prices.
(4)  A contestable consumer must not purchase electricity directly from any wholesale electricity market unless the consumer is granted a licence by the Authority to do so and is registered as a market participant in accordance with the market rules.
(5)  A consumer has the option to, within a period of 30 days from the date on which the consumer is classified under subsection (1) as a contestable consumer (or such further period as the Authority may determine) —
(a)commence purchasing electricity under a contract with a retail electricity licensee; or
(b)commence purchasing electricity directly from any wholesale electricity market.
(6)  If a consumer commences purchasing electricity under subsection (5)(a) or (b) and has an existing agreement under which any person supplies and sells electricity to the consumer, that agreement ceases to have effect from the date on which the consumer commences purchasing electricity under the relevant option.
(7)  If a consumer does not commence purchasing electricity under subsection (5)(a) or (b), the consumer is deemed to commence purchasing electricity indirectly from any wholesale electricity market through a market support services licensee at prevailing market prices with effect from the date immediately after the expiry of the period referred to in that subsection.
(8)  Where subsection (7) is applicable and the consumer has an existing agreement under which any person supplies and sells electricity to the consumer, that agreement ceases to have effect from the date immediately after the expiry of the period referred to in subsection (5).
(9)  Despite subsections (5) and (7), a contestable consumer may, at any time after the expiry of the period referred to in subsection (5), enter into an arrangement to purchase electricity for consumption on the consumer’s own premises under any one of the options specified under subsection (3).
(10)  At such time when —
(a)a contestable consumer does not, cannot or no longer wishes to purchase electricity from a retail electricity licensee or directly from any wholesale electricity market; or
(b)a retail electricity licensee is unable or refuses to retail electricity to a contestable consumer for any reason,
a market support services licensee must (if the contestable consumer remains as such under this section) provide the contestable consumer access to any wholesale electricity market for the purpose of allowing the consumer to purchase electricity indirectly from that market through the licensee at prevailing market prices.
[42/2018]
(11)  Nothing in subsections (6) and (8) has the effect of extinguishing any right or liability of any party under the existing agreement referred to in those subsections where such right or liability had accrued on the date the agreement ceased to have effect under those subsections.
(12)  A market support services licensee must not discontinue the provision of market support services to any contestable consumer except in accordance with its licence.
(13)  Nothing in this section is to be taken as requiring a market support services licensee to procure a supply of electricity to the premises of any contestable consumer if —
(a)it is prevented from doing so by circumstances not within its control;
(b)circumstances exist by reason of which its doing so would or might involve the market support services licensee or any other electricity licensee being in breach of this Act, and the market support services licensee or other electricity licensee has taken all reasonable steps to prevent the circumstances from occurring and to prevent them from having that effect; or
(c)any building on the premises has been erected in contravention of any written law or is in a ruinous or dangerous condition.
PART 5A
ELECTRICITY RATIONING
[Act 27 of 2024 wef 01/07/2025]
Meaning of electricity shortage
41A.  An electricity shortage situation is a situation where, owing to any circumstances (including a shortage of any fuel required to generate electricity) —
(a)in the opinion of the Authority —
(i)the amounts of electricity that can be generated in and imported into Singapore will likely not meet the needs of some consumers in Singapore; or
(ii)if no measures are taken, the secure operation of a transmission system of a transmission licensee will be threatened; or
(b)the amounts of electricity being generated in and imported into Singapore do not meet the needs of some consumers in Singapore.
[Act 27 of 2024 wef 01/07/2025]
Directions for electricity rationing
41B.—(1)  Where there is an electricity shortage situation, the Authority may, with the approval of the Minister, give to any one or more persons such directions for the purpose in subsection (2) to do any act in subsection (3) that the Authority considers necessary.
(2)  The purpose of the directions is to prevent the electricity shortage situation from occurring or continuing, or to deal with or alleviate the electricity shortage situation.
(3)  A direction may require any person to whom the direction is given to do or not to do any thing in order to regulate the generation, transmission, supply or use of electricity, including —
(a)requiring a person to generate an amount of electricity specified in the direction, or not generate any electricity, for any period specified in the direction or on any specified day or at any specified time of any day in that period;
(b)requiring a person to generate electricity using the type of fuel specified in the direction; and
(c)requiring a person to supply to another person, or requiring a person to use, an amount of electricity specified in the direction, or not to supply or use any electricity, for any period specified in the direction or on any specified day or at any specified time of any day in that period.
(4)  Directions under this section may be issued at any one or more times during the electricity shortage situation, including to the same person.
(5)  Where the same direction is to be given to a class of persons, the Authority may, instead of issuing a direction to each person in the class, issue a direction for the class of persons.
(6)  The Authority must publicise a direction under subsection (5) in such manner as the Authority considers appropriate for bringing the direction to the attention of all persons in the class.
(7)  A direction under this section remains in force until revoked by the Authority, and such revocation does not prevent the issue of another direction under this section to the same person or class of persons, whether with the same requirements as or different requirements from the direction revoked.
(8)  The Authority is not required to consult any person, or provide any notice, before issuing any direction under this section.
(9)  A person (including an electricity licensee) who fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to one or both of the following:
(a)a fine not exceeding $50,000;
(b)imprisonment for a term not exceeding 3 years,
and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
[Act 27 of 2024 wef 01/07/2025]
Enforcement of directions
41C.—(1)  Where a direction under section 41B requires a reduction in or cessation of the use of electricity at any premises, and the requirement is not complied with, the Authority —
(a)may take such steps as are necessary to reduce or discontinue the supply of electricity to the premises, including by ordering a market support services licensee or transmission licensee to reduce or discontinue the supply of electricity to the premises by any means specified in the order; and
(b)must give the owner or occupier of the premises not less than 6 hours’ written notice of the reduction or discontinuance.
(2)  The steps in subsection (1) may include the disconnection of any connection to the premises for the purpose of supplying electricity to the premises, whether or not such connection is in use.
(3)  Where, for purposes of subsection (1)(a), the only way to reduce or discontinue the supply of electricity to any premises would require the Authority, or the market support services licensee or transmission licensee, to enter those or any other premises or physically access any equipment or apparatus at any premises, the Authority, market support services licensee or transmission licensee may, through any person authorised by the Authority, market support services licensee or transmission licensee (as the case may be), enter the premises or physically access the equipment or apparatus at any premises at all reasonable times —
(a)to carry out all works necessary to effect the reduction or discontinuance; and
(b)in any event (for the person authorised by the market support services licensee or transmission licensee) to carry out the order under subsection (1)(a).
(4)  A person authorised by the Authority, market support services licensee or transmission licensee under subsection (3) must, if requested by any person occupying, or having control or management of, the premises, produce —
(a)some duly authenticated document showing the person’s authority; and
(b)for a person authorised by the market support services licensee or transmission licensee, the order made by the Authority under subsection (1)(a).
(5)  A supply of electricity that has been reduced or discontinued pursuant to subsection (1)(a) may be increased or restored —
(a)only if the approval of the Authority for the increase or restoration is obtained in the manner and through any person required by the Authority; and
(b)upon the payment of the costs and expenses of such increase or restoration by the person seeking the Authority’s approval.
(6)  A person who does any act which the person knows or ought reasonably to know obstructs, hinders or otherwise prevents, or is likely to obstruct, hinder or otherwise prevent, any person authorised by the Authority, market support services licensee or transmission licensee (as the case may be) from exercising any power under subsection (3) shall be guilty of an offence.
(7)  Where a supply of electricity to any premises has been reduced or discontinued pursuant to subsection (1)(a), a person who does any act for the purpose of increasing or restoring the supply of electricity to the premises without the Authority’s approval for the increase or restoration under subsection (5), shall be guilty of an offence and shall be liable on conviction to one or both of the following:
(a)a fine not exceeding $10,000;
(b)imprisonment for a term not exceeding 3 months.
(8)  Where a supply of electricity to any premises has been reduced or discontinued pursuant to subsection (1)(a), and the supply increased or restored without the approval of the Authority, for so long as the order remains in force, if the amount of electricity used at the premises exceeds the amount permitted under the order, the occupier of the premises shall be guilty of an offence and shall be liable on conviction to one or both of the following:
(a)a fine not exceeding $10,000;
(b)imprisonment for a term not exceeding 3 months,
and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
[Act 27 of 2024 wef 01/07/2025]
Protection from liability
41D.—(1)  The Authority is not liable for any loss or expense suffered by any person in or as a result of complying with any direction made under section 41B(1) or any order made under section 41C(1)(a) by the Authority in good faith and with reasonable care, or as a result of any reduction or discontinuance of any supply of electricity to the person following from such direction or order.
(2)  A market support services licensee and a transmission licensee are not liable for any loss or expense suffered by any person as a result of the market support services licensee or transmission licensee (as the case may be) complying in good faith and with reasonable care with any order made by the Authority under section 41C(1)(a).
(3)  The Authority, a market support services licensee, a transmission licensee and any person authorised by the Authority or such licensee, are not liable for any loss or expense, or damage, suffered by any person as a result of the exercise in good faith and with reasonable care of any powers under section 41C(1) or (3) by the person so authorised by the Authority or such licensee.
[Act 27 of 2024 wef 01/07/2025]
Effect of directions on contracts
41E.—(1)  This section applies where —
(a)a direction under section 41B(1) applies to a person (A); and
(b)in order for A to comply with the direction, A must —
(i)take from another person less electricity than what A had contracted to take (including no electricity);
(ii)provide another person with less electricity than what A had contracted to provide (including no electricity); or
(iii)take from another person less fuel than what A had contracted to take (including no fuel), for the purpose of A generating electricity.
(2)  No action, suit or other legal proceedings lies against A for or in relation to A’s failure to comply with A’s contractual obligation as described in subsection (1)(b), to the extent that A’s failure is solely attributable to or occasioned by A’s compliance with the direction.
(3)  Where —
(a)A’s failure is in relation to a contract that is part of a chain of supply; and
(b)A’s failure results in any person (B) that is a party to some other contract in the chain of supply not being able to take or provide the electricity, or take fuel, which B had contracted to take or provide,
no action, suit or other legal proceedings lies against B for or in relation to B’s failure to the extent that B’s failure is solely attributable to or occasioned by A’s failure.
(4)  Despite any rule of law, neither A’s failure nor B’s failure —
(a)constitutes a breach of the contract with A or B (as the case may be) by which any other party to the contract may terminate the contract; or
(b)constitutes an event by which the contract is frustrated,
unless provided for in the contract pursuant to subsection (5).
(5)  Nothing in this section prevents the parties to a contract from specifically providing in the contract for the respective rights and obligations of the parties in the event a party to the contract is unable to take or provide electricity, or take fuel, in the amount contracted for as a result of —
(a)the party complying with a direction under section 41B(1) applicable to the party; or
(b)a party to some other contract in the same chain of supply as the firstmentioned contract complying with a direction under section 41B(1) applicable to the party to such other contract,
or otherwise providing for the effect on the firstmentioned contract of any matter mentioned in paragraph (a) or (b).
(6)  Nothing in this section prevents the parties to a contract entered into before the date of commencement of section 17 of the Energy Transition Measures and Other Amendments Act 2024 from agreeing on or after that date, to make a specific provision in the contract for the respective rights and obligations of the parties mentioned in subsection (5).
[Act 27 of 2024 wef 01/07/2025]
Requests for information, etc.
41F.—(1)  For the purpose of forming its opinion in section 41A(a) and issuing any directions under section 41B(1), the Authority may, by written notice to any person, request the person to furnish to the Authority any information and document within the knowledge of the person or in the person’s custody or under that person’s control, concerning the electricity usage of that person or any other person.
(2)  Any person who, upon a request mentioned in subsection (1) —
(a)fails to comply with the request;
(b)intentionally alters, suppresses or destroys any information or document required by the request; or
(c)provides to the Authority any information or document that is false, misleading or inaccurate in a material particular, or recklessly provides any such information or document,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[Act 27 of 2024 wef 01/07/2025]
PART 5B
MATTERS RELATING TO GENERATION ENTITIES
[Act 27 of 2024 wef 01/09/2025]
Interpretation of this Part
41G.  In this Part —
“gas” has the meaning given by section 2 of the Gas Act 2001;
“generation entity” means a person who engages in the generation of electricity, whether the person is authorised by an electricity licence to generate electricity, or is exempt under this Act from the requirement of such a licence;
“prescribed generation entity” means a generation entity that is prescribed as such, or that is within a class of generation licensees prescribed as such, pursuant to section 41H.
[Act 27 of 2024 wef 01/09/2025]
Application of this Part
41H.  This Part applies to any generation entity or any class of generation entities prescribed by regulations made under section 103 for the purposes of this Part.
[Act 27 of 2024 wef 01/09/2025]
Procurement of gas by prescribed generation entity
41I.—(1)  Unless the Authority otherwise allows, a prescribed generation entity that requires gas for any purpose must obtain the gas only from the holder of a gas importer’s licence (central import) under the Gas Act 2001.
(2)  Subsection (1) does not apply to any prescribed generation entity in respect of any contract to procure gas that the generation entity entered into before the date of commencement of section 18 of the Energy Transition Measures and Other Amendments Act 2024, or any such contract that is renewed or extended before, on or after that date.
(3)  However, no term or condition of such contract may be amended or modified except with the prior approval of the Authority.
(4)  Unless the Authority otherwise allows, a prescribed generation entity must not, in relation to gas obtained by it —
(a)from the holder of a gas importer’s licence (central import); or
(b)under a contract mentioned in subsection (2),
provide the gas to any other person, whether or not that person is a prescribed generation entity.
(5)  Without affecting section 14, where subsection (1), (3) or (4) is contravened —
(a)any contract by which the prescribed generation entity purports to obtain gas from a person that does not hold a gas importer’s licence (central import);
(b)any amendment or modification to a contract in contravention of subsection (3); or
(c)any contract by which the prescribed generation entity provides the gas mentioned in subsection (4) to any other person,
(as the case may be) is void to the extent of the contravention.
[Act 27 of 2024 wef 01/09/2025]
PART 6
WHOLESALE ELECTRICITY MARKET
Interpretation of this Part
42.—(1)  In this Part —
“constituent documents” means the memorandum and articles of association of the Market Company;
“Market Company” means the company which holds an electricity licence authorising it to operate any wholesale electricity market.
(2)  In the event of any inconsistency —
(a)between the constituent documents and this Act or the market rules, this Act or the market rules (as the case may be) prevail to the extent of the inconsistency; or
(b)between the market rules and this Act, this Act prevails to the extent of the inconsistency.
(3)  Nothing in this Part is to be construed as conferring on the Market Company the exclusive right or privilege to operate any wholesale electricity market.
Functions and powers of Market Company
43.—(1)  The functions of the Market Company are, subject to and in accordance with this Act, its electricity licence and the constituent documents —
(a)to operate and administer any wholesale electricity market specified in its licence;
(b)to schedule generating units, loads and a transmission system of a transmission licensee;
(c)to facilitate the planning and augmentation of a transmission system of a transmission licensee;
(d)to provide information and other services to facilitate decisions for investment and the use of resources in the electricity industry; and
(e)to exercise and perform any other powers and duties assigned to the Market Company under this Act, its licence, the market rules and any code of practice.
[42/2018]
(2)  The Market Company may engage in any business, undertaking or activity incidental to the performance of its functions.
Approval of Minister
44.—(1)  The approval in writing of the Minister is required for —
(a)the disposal of the whole or substantially the whole of the Market Company’s undertaking or property;
(b)the voluntary winding up of the Market Company; and
(c)the addition, deletion or alteration of any provision of the constituent documents.
(2)  The requirement under subsection (1) is in addition to the requirements prescribed by the Companies Act 1967 or the Insolvency, Restructuring and Dissolution Act 2018 in respect of the matters referred to in that subsection.
[40/2018]
(3)  Any act done or agreement made in contravention of subsection (1) has no effect and is unenforceable at law.
Liability of Market Company
45.—(1)  No suit or other legal proceedings shall lie against any director, officer, employee or agent of the Market Company or any person acting under the direction of the Market Company for anything which is in good faith done or not done, in the execution or purported execution of the functions of the Market Company.
(2)  Subsection (1) does not relieve the Market Company of any liability to which it would otherwise be subject in respect of a cause of action arising from any act or omission referred to in that subsection.
Market rules
46.—(1)  The Authority is to make initial market rules —
(a)establishing and governing, amongst other things —
(i)any wholesale electricity market; and
(ii)agreements and arrangements in connection with trading;
(b)governing the activities of the Market Company and market participants in and in relation to any wholesale electricity market; and
(c)governing the operation of the electricity system.
(2)  To avoid doubt, rules made for the purpose of subsection (1)(a) may make provision governing the activities of market support services licensees in and in relation to any wholesale electricity market.
[18/2006]
(3)  The Market Company —
(a)may modify the market rules in accordance with the market rules; and
(b)must modify the market rules when directed to do so by the Authority.
[18/2006]
(4)  The market rules made or modified in accordance with this section must be published by the Market Company in such manner as will secure adequate publicity.
[18/2006]
(5)  A modification to the market rules made by the Market Company under subsection (3) is subject to approval by the Authority, which approval must be granted unless the Authority determines that the modification —
(a)being a modification made under subsection (3)(a), unjustly discriminates in favour of or against a market participant, a market support services licensee, or a class of market participants or market support services licensees; or
(b)is inconsistent with the functions and duties of the Authority under section 3(3).
[18/2006]
(6)  The market rules are deemed not to be subsidiary legislation.
Penalties under market rules
47.  Without limiting section 46(1), the market rules may include provisions authorising and governing the imposition of financial penalties on market participants, the Market Company and market support services licensees.
[18/2006]
Limitation of actions under market rules
48.—(1)  If the market rules include a provision —
(a)that regulates the manner in which disputes under the market rules or referred to in the market rules are to or may be resolved; and
(b)that restricts recourse to the courts until such time as the dispute resolution process in the market rules has been exhausted,
recourse to the courts is to be limited in the manner prescribed by the market rules, including a restriction against appeals to a court except in relation to matters of law and jurisdiction.
(2)  Nothing in this section is to be read or construed as —
(a)sanctioning the absolute limitation of appeals to the courts except in relation to matters of fact; or
(b)limiting the right of any person to seek interim injunctive relief from the courts.
Market rules have force of contract
49.—(1)  The market rules have the effect of a contract between each market participant and the Market Company.
(2)  Each market participant and the Market Company are deemed to have entered into a contract with one another under which each market participant and the Market Company severally agree to perform and observe the market rules as far as they are applicable to each market participant and the Market Company as provided for in the market rules.
PART 7
COMPETITION
Agreements, etc., preventing, restricting or distorting competition
50.—(1)  Subject to section 52, agreements, decisions or concerted practices by persons which have as their object or effect the prevention, restriction or distortion of competition in any wholesale electricity market or the retail electricity market in Singapore are prohibited.
(2)  Subsection (1) applies, in particular, to agreements, decisions or concerted practices which —
(a)directly or indirectly fix purchase or selling prices or any other trading conditions of electricity in Singapore;
(b)limit or control generation of electricity, any wholesale electricity market, the retail electricity market, technical development or investment in the electricity industry in Singapore;
(c)share markets or sources of supply of electricity in Singapore;
(d)apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
(e)make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or
(f)provide for the acquisition, directly or indirectly, of shares in or the assets of an electricity licensee.
(3)  Subsection (1) applies only if the agreement, decision or concerted practice is, or is intended to be, implemented in Singapore.
(4)  Subject to section 52, an agreement or a decision which is prohibited by subsection (1) is void.
(5)  Unless the context otherwise requires, a provision of this Part which is expressed to apply to, or in relation to, an agreement is to be read as applying, with any necessary modification, equally to, or in relation to, a decision by any person or a concerted practice.
(6)  Subsection (1) applies to agreements, decisions and concerted practices implemented before, on or after 1 January 2003.
Abuse of dominant position
51.—(1)  Subject to section 52, any conduct on the part of one or more persons which amounts to the abuse of a dominant position in any wholesale electricity market or the retail electricity market in Singapore is prohibited if it may affect trade within Singapore.
(2)  Conduct may, in particular, constitute such an abuse if it consists of —
(a)directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions of electricity in Singapore;
(b)limiting generation of electricity, any wholesale electricity market, the retail electricity market or technical development in the electricity industry in Singapore to the prejudice of consumers;
(c)applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or
(d)making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
(3)  In this section, “dominant position” means a dominant position within Singapore.
Exemption
52.—(1)  The Authority may, with the approval of the Minister, on the application of any person or on its own initiative, grant an exemption from section 50(1) or 51(1) to any agreement or conduct.
(2)  An exemption under subsection (1) —
(a)may be granted subject to such conditions or obligations as the Authority considers appropriate;
(b)has effect for such period as the Authority considers appropriate; and
(c)must be in writing and sent by the Authority to the person to whom the exemption is granted.
(3)  The Authority must notify any applicant in writing of its decision under subsection (1) not to grant an exemption.
(4)  An exemption under this section continues in force for such period as is specified in such exemption, unless it is previously revoked in accordance with the terms of such exemption.
(5)  The Authority may, with the approval of the Minister, on the application of any person or on its own initiative —
(a)extend the period for which an exemption granted under subsection (1) has effect;
(b)vary or remove any condition or obligation specified in an exemption; or
(c)impose additional conditions or obligations in an exemption.
Request for Authority to examine agreement or to consider conduct, etc.
53.  The Authority may, with the approval of the Minister, make regulations —
(a)to provide for persons who are parties to any agreement or conduct to apply to the Authority for guidance as to whether or not the agreement or conduct is likely to infringe section 50(1) or 51(1);
(b)to provide for the procedure for an application under paragraph (a);
(c)to prescribe any decision which the Authority may make and the effect of the decision; and
(d)generally for giving full effect to the objective of this Part.
53A.  [Repealed by Act 37 of 2021 wef 01/09/2025]
Power to investigate
54.  The Authority may conduct an investigation if there are reasonable grounds for suspecting that section 50(1) or 51(1) has been infringed.
Power when conducting investigation
55.—(1)  For the purposes of an investigation under section 54, the Authority may, by written notice to any person, require that person to produce to the Authority a specified document, or to provide the Authority with specified information, which the Authority considers relates to any matter relevant to the investigation.
(2)  A notice under subsection (1) must indicate —
(a)the subject matter and purpose of the investigation; and
(b)the nature of the offences created by sections 61, 62 and 63.
(3)  The Authority may also specify in the notice —
(a)the time and place at which any document is to be produced or any information is to be provided; and
(b)the manner and form in which it is to be produced or provided.
(4)  The power under this section to require a person to produce a document includes the power —
(a)if the document is produced —
(i)to take copies of it or extracts from it; and
(ii)to require such person, or any person who is a present or past officer of the firstmentioned person, or is or was at any time employed by the firstmentioned person, to provide an explanation of the document; or
(b)if the document is not produced, to require such person to state, to the best of the person’s knowledge and belief, where it is.
(5)  In subsection (1), “specified” means —
(a)specified, or described, in the notice; or
(b)falling within a category which is specified, or described, in the notice.
Power to enter premises under warrant
56.—(1)  The Authority may apply to a District Court for a warrant and the Court may issue such a warrant if it is satisfied that —
(a)there are reasonable grounds for suspecting that there are on any premises documents the production of which has been required under section 55; or
(b)there are reasonable grounds for suspecting that —
(i)there are on any premises documents which the Authority has power under section 55 to require to be produced; and
(ii)if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed.
(2)  A warrant under this section authorises a named officer of the Authority, and any other of its officers whom the Authority has authorised in writing to accompany the named officer —
(a)to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
(b)to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (the relevant kind);
(c)to take possession of any document appearing to be of the relevant kind if —
(i)such action appears to be necessary for preserving the document or preventing interference with it; or
(ii)it is not reasonably practicable to take copies of the document on the premises;
(d)to take any other steps which appear to be necessary for the purpose mentioned in paragraph (c)(i);
(e)to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of the person’s knowledge and belief, where it may be found; and
(f)to require any information which is held in a computer and is accessible from the premises and which the named officer considers relates to any matter relevant to the investigation, to be produced in a form —
(i)in which it can be taken away; and
(ii)in which it is visible and legible.
(3)  If, in the case of a warrant under subsection (1)(b), the District Court is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant also authorises the actions mentioned in subsection (2) to be taken in relation to any such document.
(4)  If there is no one at the premises when the named officer proposes to execute such a warrant, the named officer must, before executing it —
(a)take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and
(b)if the occupier is informed, afford the occupier, or the legal or other representative of the occupier, a reasonable opportunity to be present when the warrant is executed.
(5)  If the named officer is unable to inform the occupier of the intended entry, the named officer must, when executing the warrant, leave a copy of it in a prominent place on the premises.
(6)  On leaving any premises which the named officer has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as the named officer found them.
(7)  A warrant under this section continues in force until the end of the period of one month beginning from the day on which it is issued.
(8)  Any document of which possession is taken under subsection (2)(c) may be retained for a period of 3 months.
(9)  In this section —
“named officer” means the officer named in the warrant;
“occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises.
Privileged communication
57.  A person is not required, under any provision of this Part, to produce or disclose a communication —
(a)between a professional legal adviser and his or her client; or
(b)made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,
which in proceedings in a court would be protected from disclosure on grounds of privilege.
Decision following investigation
58.  Where, following an investigation conducted under section 54, the Authority considers that section 50(1) or 51(1) has been infringed and the Authority proposes to make a direction under section 59, the Authority must —
(a)give written notice to the person likely to be affected by such direction; and
(b)give such person an opportunity to make representations to the Authority.
Enforcement and appeal
59.—(1)  Where the Authority has made a decision that section 50(1) or 51(1) has been infringed, the Authority may give directions to such person as the Authority considers appropriate to bring the infringement to an end.
(2)  A direction referred to in subsection (1) may, in particular, include provisions —
(a)where the decision is that any agreement infringes section 50(1) —
(i)requiring the person to modify or terminate the agreement; and
(ii)in the case of an agreement referred to in section 50(2)(f), requiring the person to dispose of all or any of the relevant shares or assets, otherwise than to an associated person, within a period specified in the direction, being not less than 3 months after service of the direction;
(b)where the decision is that any conduct infringes section 51(1) —
(i)requiring the person to modify the conduct in question; or
(ii)requiring the person to cease that conduct; and
(c)in either case, requiring the person —
(i)to pay to the Authority a financial penalty in respect of the infringement of an amount not exceeding $1 million or 10% of the annual turnover of such person’s business in Singapore, ascertained from its latest audited accounts, whichever is the higher; and
(ii)to provide a performance bond, guarantee or other form of security on such terms and conditions as the Authority may determine.
(3)  Where a person fails to comply with a direction referred to in subsection (2)(a)(ii), the shares last registered in the name of that person or the assets (as the case may be) that are the subject of the acquisition and specified by the Authority by written notice served on the person, are forfeited to the Government.
(4)  Any shares or assets forfeited to the Government under subsection (3) must be sold by the Government as soon as practicable and the proceeds of sale, after deduction of the reasonable costs of the forfeiture and sale, must be paid to the person from whom the shares or assets were forfeited.
(5)  Any person who is aggrieved by any decision or direction of the Authority under this Part may, within 14 days after receipt of the notice referred to in section 60, appeal to the Appeal Panel under Part 8.
(6)  An appeal under subsection (5) does not suspend the effect of a decision or direction to which the appeal relates unless the appeal is against the imposition or the amount of a financial penalty.
[18/2006]
(7)  In this section —
“associated person” has the meaning given by section 76D(14) of the Companies Act 1967;
“relevant shares or assets” means any shares or assets of an electricity licensee held by the person that would need to be disposed of in order to cause the acquisition to cease to have the object or effect of preventing, restricting or distorting competition in any wholesale electricity market or the retail electricity market.
Notification
60.  The Authority must, within 14 days of the Authority making any decision or direction under this Part, notify any person affected by such decision or direction.
Offences
61.—(1)  A person who fails to comply with a requirement imposed on the person under section 55 or 56 shall be guilty of an offence.
(2)  If a person is charged with an offence under subsection (1) in respect of a requirement to produce a document, it is a defence for the person to prove that —
(a)the document was not in the person’s possession or under the person’s control; and
(b)it was not reasonably practicable for the person to comply with the requirement.
(3)  If a person is charged with an offence under subsection (1) in respect of a requirement —
(a)to provide information;
(b)to provide an explanation of a document; or
(c)to state where a document is to be found,
it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement.
(4)  Failure to comply with a requirement imposed under section 55 is not an offence if the person imposing the requirement has failed to act in accordance with that section.
(5)  Any person who intentionally obstructs an officer in the exercise of the officer’s powers under a warrant issued under section 56 shall be guilty of an offence.
Destroying or falsifying documents
62.  Any person who, having been required to produce a document under section 55 or 56 —
(a)intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it; or
(b)causes or permits its destruction, disposal, falsification or concealment,
shall be guilty of an offence.
False or misleading information
63.  Any person who provides information to the Authority or its authorised officer in connection with any function or duty of the Authority under this Part which is false or misleading in a material particular shall be guilty of an offence.
PART 8
APPEAL PANEL
Request to establish Appeal Panel
64.—(1)  This section applies to —
(a)an electricity licensee who wishes to appeal against a decision of the Authority to modify any condition of its electricity licence; and
(b)any person who is aggrieved by a direction or decision of the Authority under Part 7.
(2)  A person to whom this section applies may, within 14 days —
(a)of the receipt of a direction under section 12(4) to modify any condition of an electricity licence; or
(b)of the receipt of a notification by the Authority of a direction or decision under Part 7,
notify the Minister that the person wishes to make an appeal, providing adequate details of the grounds for the appeal and requesting the Minister to establish an Appeal Panel to consider and determine the appeal.
[42/2018]
(3)  When requested to establish an Appeal Panel, the Minister must, upon consultation with the Authority, unless the request is in the opinion of the Minister of a frivolous, trivial or vexatious nature, establish an Appeal Panel within 30 days after the request to consider and determine the appeal in question.
[42/2018]
Composition and procedure of Appeal Panel
65.—(1)  An Appeal Panel established by the Minister is to consist of at least 3 persons, one of whom must be appointed by the Minister to be the chairperson of the Appeal Panel.
[18/2006; 42/2018]
(2)  The Minister may, in establishing an Appeal Panel, provide for —
(a)the terms and conditions of the membership of the Appeal Panel as the Minister considers appropriate;
(b)the procedure to be adopted by the Appeal Panel in considering any matter referred to it; and
(c)any other matters which the Minister considers incidental or expedient for the proper and efficient conduct of an appeal by the Appeal Panel.
[18/2006; 42/2018]
(3)  The remuneration and allowances (if any) of a member of an Appeal Panel are to be determined by the Minister and —
(a)subject to paragraph (b), form part of the expenses of the Authority; and
(b)where the Appeal Panel is established for the purposes of section 20A, must be borne equally by the person concerned and E, or in any other proportion between the person concerned and E that the Appeal Panel may specify.
[42/2018]
[Act 27 of 2024 wef 01/07/2025]
(4)  An Appeal Panel must be independent in the performance of its functions.
Powers of Appeal Panel
66.—(1)  An Appeal Panel must —
(a)by notice to the Authority and the appellant; or
(b)where the Appeal Panel is established for the purposes of section 20A, by notice to the person concerned and E,
specify the date on and the place at which the appeal is to be heard.
[42/2018]
[Act 27 of 2024 wef 01/07/2025]
(2)  An Appeal Panel has all the powers and duties of the Authority that are necessary to carry out its functions and duties under this Act.
(3)  An Appeal Panel has the powers, rights and privileges vested in a District Court on the hearing of an action, including —
(a)the enforcement of the attendance of witnesses and their examination on oath or otherwise;
(b)the compelling of the production of documents; and
(c)the award of costs and expenses of and incidental to any proceedings before the Appeal Panel.
[18/2006]
(4)  A summons signed by any member of the Appeal Panel as may be authorised by the Appeal Panel is equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.
(5)  Where any person being duly summoned to attend before an Appeal Panel does not so attend, that person shall be guilty of an offence.
(6)  A witness before an Appeal Panel is entitled to the same immunities and privileges as if he or she were a witness before a District Court.
(7)  All appeals under this section are to be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.
(8)  In the case of a modification of any condition of a licence, the Appeal Panel may either confirm the modification or direct the Authority not to make the modification, and the decision of the Appeal Panel is final.
(9)  In the case of a direction or decision of the Authority under Part 7, the Appeal Panel may either confirm, vary or reverse the direction or decision of the Authority or direct the Authority to reconsider the direction or decision, and the decision of the Appeal Panel is final.
(10)  An Appeal Panel established by the Minister to consider and determine an appeal under section 98(3) may determine the appeal by confirming, varying or reversing any decision or direction of the Authority or by amending any code of practice or standard of performance issued or approved by the Authority, and the decision of the Appeal Panel is final.
[18/2006]
(11)  The Appeal Panel must notify the appellant of its decision in respect of the appellant’s appeal and the reasons for its decision.
(12)  Where an Appeal Panel is established for the purposes of section 20A, the Appeal Panel must notify the person concerned and E of its decision in respect of the terms of the agreement required to be determined by it, and the reasons for its decision.
[42/2018]
[Act 27 of 2024 wef 01/07/2025]
PART 9
ELECTRICAL AND SUPPLY INSTALLATIONS, CABLE
DETECTION WORK AND ELECTRICAL WORKERS
Licence required for use or operation of electrical or supply installation, etc.
67.—(1)  No person may —
(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 an electrical or a supply installation licence granted by the Authority under this section authorising such use, work, operation or supply.
(2)  An electrical or a supply installation licence may be granted under this section on the payment of such fee (if any) as may be prescribed.
(3)  An electrical or a supply installation licence must not be transferred without the approval of the Authority.
(4)  An electrical or a supply installation licence is 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 Authority.
(5)  An electrical or a supply installation licence may be for such period as the Authority may approve.
(6)  In every electrical or supply installation licence, there is to be specified as may be appropriate —
(a)the installation area;
(b)the declared voltage frequency and the variations permitted thereon; and
(c)any other matters that the Authority may consider desirable.
(7)  The Authority may, in its discretion, require that, before the grant of any electrical or supply installation licence, such security as it may specify must be furnished to ensure the due observance of the terms and conditions of the licence and of the provisions of this Act.
(8)  An electrical or a supply installation licence may be surrendered by the licensee to the Authority for cancellation if the electrical or supply installation is no longer required to be used.
(9)  Where the licensee wishes to operate the electrical or supply installation after the surrender of the licence, the installation must be treated in all respects as if it were a new electrical or supply installation.
(10)  Any electrical or supply installation licence issued under the Public Utilities Act (Cap. 261, 1996 Revised Edition) in force immediately before 1 January 2003 continues in force until suspended or revoked and is deemed to have been issued under this Act.
Notice to electricity licensee to cut off supply
68.—(1)  Where any person operates an electrical or a supply installation without an electrical or a supply installation licence —
(a)the Authority may by written notice direct any electricity licensee to forthwith discontinue the supply of electricity to that electrical or supply installation; and
(b)the electricity licensee must, upon receipt of the notice, immediately comply with the notice.
(2)  Where the Authority has directed an electricity licensee to discontinue a supply of electricity under subsection (1), the licensee may discontinue the supply until all expenses incurred by the licensee are fully paid by the person operating the electrical or supply installation.
Supply lines and other apparatus on State land
69.—(1)  Subject to the approval of the Commissioner of Lands and to such conditions as he or she may impose, an electrical or a supply installation licence may authorise the licensee to lay, place or carry on, under or over any State land to the extent and in the manner specified in the licence, such supply lines, and to erect and maintain in or on the State land such posts and other apparatuses as may, in the opinion of the Authority, be necessary or proper for the purposes of the electrical or supply installation.
(2)  Any authorisation under subsection (1) may be given or added to at any time during the currency of the licence by endorsement thereon.
(3)  All apparatuses placed in or upon any State land which is not removed therefrom within 6 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, are to vest in and become the property of the Government.
Existing electrical or supply installation
70.  All electrical and supply installations which have been operated or the construction of which has been completed or has begun on or before 1 January 2003 are subject to this Act.
Exemption of certain electrical or supply installation
71.  The Authority may, by notification in the Gazette, exempt from all or any of the provisions of this Part —
(a)any electrical or supply installation owned and operated by an electricity licensee, the Government or any statutory authority;
(b)any electrical or supply installation used exclusively for domestic purposes; or
(c)any other electrical or supply installations that the Authority may consider desirable.
Control by electrical worker
72.—(1)  A person granted an electrical or a supply installation licence must employ or appoint such class or classes of electrical workers as the Authority may direct to operate or to be in charge of or to control any electrical or supply installation and no other person may operate or be in charge of or control the electrical or supply installation.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
Inspection of electrical or supply installation
73.—(1)  A person granted an electrical or a supply installation licence must cause all electrical or supply installations owned or operated by the person to be inspected at such intervals as the Authority may consider necessary.
(2)  An inspection referred to in subsection (1) must be carried out by such class or classes of electrical workers as the Authority may direct.
(3)  On completion of the inspection, a certificate as to the fitness of the electrical or supply installation for licensing purposes must be issued by the electrical worker who carried out the inspection.
Restriction of use to specified purpose
74.—(1)  A person granted an electrical or a supply installation licence who is, by the conditions of the person’s licence, restricted to using or supplying electricity for specified purposes only, must not use or supply electricity for any purpose other than those specified.
(2)  Any person who contravenes subsection (1) shall be guilty of an offence.
Procedure in case of defect in electrical or supply installation
75.—(1)  Every electrical worker appointed to operate or to be in charge of or to control any electrical or supply installation and every person granted an electrical or a supply installation licence who becomes aware of a defect in any electrical or supply installation must forthwith make good or remove the defect or make a report thereon to the Authority.
(2)  Where a report is made to the Authority under subsection (1), the Authority may by notice —
(a)posted on the premises where the electrical or supply installation is installed or working; or
(b)served on the person granted an electrical or a supply installation licence or the electrical worker who is appointed to operate or to be in charge of or to control the electrical or supply installation (as the case may be),
require the defect to be made good or removed within such period as may be specified in the notice, and the electrical or supply installation must 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 Authority.
(3)  If the Authority is of the opinion that the defect is likely to cause immediate danger, the Authority may, by notice posted or served in the manner specified in subsection (2), forthwith suspend the operation and use of the electrical or supply installation until the defect is made good or removed, and the electrical or supply installation must not be operated or used so long as the notice of suspension remains in force.
(4)  The Authority is not liable for the loss or damage caused to any person —
(a)by the suspension of the operation and use of any electrical or supply installation under this section; or
(b)by the suspension or revocation of an electrical or a supply installation licence under section 76.
(5)  Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence.
Suspension and revocation of electrical or supply installation licence
76.  An electrical or a supply installation licence may at any time be suspended or revoked by the Authority —
(a)on breach of any of the conditions of the licence or for non‑compliance with any of the provisions of this Act;
(b)in default of payment of any money due; or
(c)if the licensee ceases to work or operate any electrical or supply installation in respect of which the licence was granted.
Entry upon premises
77.—(1)  Subject to subsection (2), an authorised officer may, in the performance of his or her functions and duties under this Act, enter upon any premises in or upon which any electrical or supply installation may be, at all reasonable hours of the day and at any time when the electrical or supply installation is in operation.
(2)  The authorised officer seeking to enter any premises under subsection (1) must carry and produce on demand an official identification card or badge in such form as the Authority may direct.
(3)  No person is obliged to admit into the person’s premises any person purporting to be an authorised officer except upon production of such identification card or badge.
Authority not liable for operation of electrical or supply installation
78.  Despite the grant of an electrical or a supply installation licence, the Authority is not responsible for the operation or maintenance of any electrical or supply installation or for any injury to any person or damage to anything by reason of operating or omitting to operate or maintaining or omitting to maintain any electrical or supply installation.
Cable detection work to be carried out before earthworks
79.—(1)  Subject to subsection (2), no person may commence or carry out, or cause or permit the commencement or carrying out of, any earthworks within the vicinity of any low voltage electricity cable which belongs to or which is under the management or control of an electricity licensee unless the person has caused cable detection work to be carried out by a licensed cable detection worker.
[42/2018]
(2)  Nothing in subsection (1) prohibits a person from commencing or carrying out any earthworks where the person has reasonable cause to believe that it is necessary to do so in the interest of public or private safety except that the person must, not more than 7 days after the earthworks have been commenced or carried out, give to the electricity licensee written notice stating the nature and extent of those earthworks.
(3)  Subsection (1) does not prohibit an electricity licensee from commencing or carrying out earthworks within the vicinity of any low voltage electricity cable that belongs to or that is under the management or control of the electricity licensee.
[42/2018]
(4)  No person other than a licensed cable detection worker or an electricity licensee may commence or carry out any cable detection work within the vicinity of any low voltage electricity cable belonging to or under the management or control of the licensee where such cable detection work is commenced or carried out in connection or combination with or in relation to any earthworks carried out or to be carried out.
(5)  Any person who contravenes subsection (1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
Carrying out of earthworks within vicinity of high voltage electricity cable
80.—(1)  Subject to this section, no person may commence or carry out, or cause or permit the commencement or carrying out of, any earthworks within the vicinity of any high voltage electricity cable which belongs to or which is under the management or control of an electricity licensee unless the person —
(a)has given to the electricity licensee not less than 7 days’ written notice of the date on which it is proposed to commence the earthworks;
(b)has obtained from the electricity licensee the necessary information on the location of such high voltage electricity cable and has consulted the electricity licensee on the steps to be taken to prevent the high voltage electricity cable from damage while the earthworks are being carried out; and
(c)has caused cable detection work to be carried out by a licensed cable detection worker in order to confirm the location of the high voltage electricity cable.
[18/2006; 42/2018]
(2)  No person other than a licensed cable detection worker may commence or carry out any cable detection work within the vicinity of any high voltage electricity cable which belongs to or which is under the management or control of an electricity licensee.
(3)  The Authority may, if it thinks fit, modify the period for which a notice under subsection (1)(a) is to be given to an electricity licensee.
(4)  It is the duty of the person who commences or carries out, or causes or permits the commencement or carrying out of, any earthworks referred to in subsection (1) —
(a)to comply with all reasonable requirements of the electricity licensee for the prevention of damage to the high voltage electricity cable;
(b)to ensure that reasonable precautions are taken when carrying out such earthworks to prevent any damage to the high voltage electricity cable; and
(c)to allow the electricity licensee reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the high voltage electricity cable.
[42/2018]
(5)  It is the duty of the electricity licensee to whom a notice under subsection (1)(a) has been given —
(a)to promptly inform the person, who has given the electricity licensee the notice, of the location of the high voltage electricity cable and to provide the person with any other information as may be necessary to enable the person to ascertain the exact location of the high voltage electricity cable;
(b)to advise the person, who has given the electricity licensee the notice, on the precautions to be taken to prevent damage to the high voltage electricity cable; and
(c)to take all such measures at the work site as may be reasonable and necessary for the protection of the high voltage electricity cable from damage and, in so doing, the electricity licensee must have regard to the potential risks and dangers that can arise from any damage to the high voltage electricity cable.
(6)  Nothing in subsection (1) prohibits a person from commencing or carrying out any earthworks where the person has reasonable cause to believe that it is necessary to do so in the interest of public or private safety except that the person must, not more than 7 days after the earthworks have been commenced or carried out, give to the electricity licensee written notice stating the nature and extent of those earthworks.
(6A)  Subsection (1) does not prohibit an electricity licensee from commencing or carrying out earthworks within the vicinity of any high voltage electricity cable that belongs to or that is under the management or control of the electricity licensee.
[42/2018]
(7)  Any person who contravenes subsection (1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(8)  Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(9)  Subject to subsection (10), in any proceedings for an offence under subsection (7), it is a defence for the person charged to prove —
(a)that the person took all reasonable steps to discharge the person’s duty under subsection (1) or (4), as the case may be; or
(b)that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(10)  If in any proceedings for any offence under subsection (7), the defence involves acting on information supplied by any of the following:
(a)an electricity licensee to whom any high voltage electricity cable belongs or that manages or controls such cable;
(b)any person to whom any infrastructure described in subsection (11) belongs or that manages or controls such infrastructure;
(c)a licensed cable detection worker,
then the person charged is not, without permission of the court, entitled to rely on that defence unless, within 14 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of the person who supplied the person charged with the information.
[Act 27 of 2024 wef 01/07/2025]
(11)  This section (except subsection (1)(c)) applies to any infrastructure (including cable pipe-blocks and tunnels) housing or intended to house any transmission electricity cable, as it applies to any high voltage electricity cable which belongs to or which is under the management or control of an electricity licensee, and for this purpose, a reference to an electricity licensee in this section is a reference to the person to whom the infrastructure belongs or that manages or controls the infrastructure.
[Act 37 of 2021 wef 29/01/2022]
(12)  In this section, “transmission electricity cable” means an electricity cable used for the transmission of electricity at 66 kilovolts or higher.
[Act 37 of 2021 wef 29/01/2022]
Powers of Authority in relation to cable detection work
81.—(1)  The Authority may —
(a)grant a cable detection work licence permitting a person to perform such cable detection work as is specified in the licence and suspend, cancel, alter, extend, renew or replace any such licence;
(b)classify any cable detection work licence in such manner as it may determine;
(c)specify the nature of the cable detection work in respect of which a cable detection work licence is granted and restrict such work to any type or class of cable detection work;
(d)specify the circumstances or manner in which licensed cable detection workers may perform or carry out cable detection work;
(e)impose any terms, conditions or restrictions on any cable detection work licence;
(f)require any electricity licensee to conduct approved courses of training, including refresher courses, and provide for examinations for cable detection workers; and
(g)keep a register of licensed cable detection workers.
(2)  No person other than a licensed cable detection worker is entitled to recover in any court any charge, fee or remuneration for any cable detection work carried out by the person.
(3)  Any cable detection work licence issued under the Public Utilities Act (Cap. 261, 1996 Revised Edition) in force immediately before 1 January 2003 is, so far as it is not inconsistent with this Act, to continue in force until suspended or revoked and is deemed to have been issued under this Act.
Licensing of electrical worker
82.—(1)  An individual must not carry out, or offer or undertake to carry out, any electrical work unless —
(a)the individual is a licensed electrical worker; or
(b)the individual acts under the supervision of an individual who is a licensed electrical worker.
[42/2018]
(2)  An individual must not hold himself or herself out (whether by an advertisement or any other means) as authorised under this Act to carry out any electrical work, unless the individual is a licensed electrical worker.
[42/2018]
(3)  A person must not in the course of business (whether or not carried on for profit) provide, or offer or undertake to provide, the carrying out of any electrical work unless the person ensures that the work is carried out by —
(a)one or more individuals, each being a licensed electrical worker; or
(b)one or more individuals acting under the supervision of one or more individuals, each of the latter being a licensed electrical worker.
[42/2018]
(4)  A person must not hold out (whether by an advertisement or any other means) that the person is authorised under this Act to provide in the course of business the carrying out of any electrical work, unless the person ensures that the work is carried out by the individuals mentioned in subsection (3)(a) or (b).
[42/2018]
(5)  An owner or occupier of any premises who wishes to have any electrical work carried out at the premises must not knowingly engage (whether with or without consideration) a person that is not permitted under subsection (1) or (3) to carry out any electrical work or to provide the carrying out of any electrical work, as the case may be.
[42/2018]
(6)  The Authority may —
(a)issue an electrical worker licence permitting a person to carry out such electrical work as is specified in the licence and suspend, cancel, alter, extend, renew or replace any such licence;
(b)classify any electrical worker licence in such manner as it may determine;
(c)specify the nature of the electrical work in respect of which an electrical worker licence is issued and restrict such work to any type or class of electrical work or any type or class of electrical installation;
(d)specify the circumstances or manner in which licensed electrical workers may carry out electrical work; or
(e)attach any exemption to or impose any term, condition or restriction on any electrical worker licence.
(7)  Any person who contravenes subsection (1), (2), (3), (4) or (5) shall be guilty of an offence.
[42/2018]
(8)  Despite any provision in this section, but subject to any other written law, it is not unlawful for —
(a)a person to replace any lamp that is connected in the person’s own electrical installation;
(b)a person to replace any fuse in the person’s own electrical installation similar to that of a household;
(c)an officer or employee of the Authority to carry out personally any electrical work in the course of his or her employment or in the discharge of his or her duties as such officer or employee;
(d)the Authority to do any act or thing on or in connection with its own electrical installation;
(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 carry out that work in the normal course of the person’s trade or occupation or for purposes incidental thereto, so long as the person does not carry out work on any part or circuit which is, or may be, connected to a source of electricity supply; and
(f)a trained person to carry out any work in accordance with the written instructions of the licensed electrical worker in charge of the relevant electrical installation.
(9)  In subsection (8)(f), a “trained person” means any employee who is —
(a)recognised by his or her employer and the licensed electrical worker in charge of the relevant electrical installation to have the necessary knowledge and experience to avoid danger; and
(b)capable of carrying out the work specified in the written instructions of the licensed electrical worker.
(10)  Any electrical worker licence issued under the Electrical Workers and Contractors Licensing Act (Cap. 89, 1985 Revised Edition), in force immediately before 1 December 2002 is, so far as it is not inconsistent with this Act, to continue in force until suspended or revoked and is deemed to have been issued under this Act.
 

Archived for legal research. Authoritative version at sso.agc.gov.sg.