SEXUAL OFFENCES (AMENDMENT) ACT, 2024

OBJECTS AND REASONS

This Bill would amend the Sexual Offences Act, Cap. 154 in order to create new sexual offences.

SEXUAL OFFENCES (AMENDMENT) ACT, 2024

Arrangement of Sections

Short title
Amendment of section 2 of Cap. 154
Repeal and replacement of section 3 of Cap. 154
Repeal of section 4 of Cap. 154
Repeal of section 5 of Cap. 154
Insertion of sections 5A, 5B and 5C into Cap. 154
Amendment of section 6 of Cap. 154
Repeal and replacement of section 7 of Cap. 154
Repeal and replacement of section 8 of Cap. 154
Repeal of section 9 of Cap. 154
Insertion of sections 9A, 9B, 9C, 9D and 9E into Cap. 154
Amendment of section 11 of Cap. 154
Repeal of section 12 of Cap. 154
Amendment of section 13 of Cap. 154

Amendment of section 14 of Cap. 154
Amendment of section 15 of Cap. 154
Amendment of section 16 of Cap. 154
Amendment of section 17 of Cap. 15
Repeal and replacement of section 28 into Cap. 154
Repeal and replacement of section 30 of Cap. 154
Repeal of section 37 of Cap. 154
Transitional
Commencement

BARBADOS

A Bill entitled

An Act to amend the Sexual Offences Act, Cap. 154 in order to create new sexual offences.

ENACTED by the Parliament of Barbados as follows:

Short title

2024.

This Act may be cited as the Sexual Offences (Amendment) Act,

Amendment of section 2 of Cap. 154

Section 2 of the Sexual Offences Act, Cap. 154, in this Act referred

to as the principal Act, is amended by inserting, in alphabetical order, the following definition:

“ “minor” means a person who is under the age of 16 years;”.

Repeal and replacement of section 3 of Cap. 154

Section 3 of the principal Act is deleted and the following is

substituted:

“Rape

3.(1)

Any person who has sexual intercourse with another person

without the consent of the other person and who knows that the other person does not consent to the intercourse or is reckless as to whether the other person consents to the intercourse is guilty of the offence of rape and is liable on conviction on indictment to imprisonment for life.

For the purposes of subsection (1), no consent is obtained where

the complainant submits or does not resist by reason of

the application of force to the complainant or to a person other than the complainant;
- threats or fear of the application of force to the complainant or to a person other than the complainant;
- the personation of the spouse of the complainant;

false and fraudulent representations as to the nature of the act;
- the use of the accused’s position of authority over the complainant;
- intimidation of any kind; or
- mental disorder or physical disability the complainant is unable to do one or more of the following:
  - to understand the nature of the act; or
  - to decide
    - whether the act should take place; or
    - whether to engage in the act; or
  - to communicate the decision.
- Notwithstanding section 21, a minor is deemed incapable of

committing the offence of rape.

For the purposes of this Act, a minor is deemed incapable of

consenting to sexual intercourse.

A spouse commits the offence of rape where a spouse has sexual

intercourse with the other spouse without that spouse’s consent by force or fear, where the spouse knows that the other spouse does not consent to the intercourse or is reckless as to whether the other spouse consents to the intercourse.

A spouse who commits the offence of rape is liable on

conviction on indictment to imprisonment for life.

For the purposes of this section, “rape” includes the

introduction, to any extent, in circumstances where the introduction of the penis of a person into the vagina of another person would be rape,

of the penis or any other part of a person’s body into the anus or mouth of another person; or

of an object, not being part of the human body, manipulated by a person into the vagina or anus of another.”.

Repeal of section 4 of Cap. 154

Section 4 of the principal Act is repealed.

Repeal of section 5 of Cap. 154

Section 5 of the principal Act is repealed.

Insertion of sections 5A, 5B and 5C into Cap. 154

The principal Act is amended by inserting the following new sections

as sections 5A, 5B and 5C:

“Sexual intercourse with a minor

5A.(1) Where a person has sexual intercourse with a minor, with

the purported consent of that minor and that minor is under the age of 16, that person is guilty of an offence and is liable on conviction on indictment to imprisonment for life.

It is a defence for a person charged with an offence under

subsection (1) if the person proves that the person

reasonably believed that the minor was 16 years of age or over and had reasonable cause for that belief; and
- is not over the age of 24 years and has not been previously charged with the same or a similar offence.

Sexual touching of a minor

5B.(1)

purpose,

(a)

(b)

A person commits an offence if the person, for a sexual

touches, directly or indirectly, any part of the body of a minor, with a part of the person’s body or with an object; or

invites, counsels or incites a minor to touch, directly or indirectly, the body of

any person, including the body of the first mentioned person; or
the body of the minor

with a part of the body of the minor or with an object.

For the purposes of this section, touch is done for a sexual

purpose if a reasonable person would consider that

whatever the circumstances or any person’s purpose for the touch, it is because the touch is of a sexual nature; or
- because of its nature and because of the circumstances or the purpose of any person in relation to it, the touch is sexual.
A person who commits an offence under this section is liable on

conviction on indictment to imprisonment for a term of 10 years.

Meeting a minor after sexual grooming

5C.(1)

(a)

A person commits an offence where

having met or communicated with a minor on one earlier occasion or more

intentionally meets the minor; or

travels with the intention of meeting the minor whether in Barbados or elsewhere; and

(b) at the time of the meeting or travel the person

intends to do anything to or in respect of the minor, whether in Barbados or elsewhere, which if done in Barbados would be a sexual offence under this Act; and
does not have reason to believe that the minor is over the age of 16 years.
A person who commits an offence under this section is liable on

conviction on indictment to imprisonment for a term of 20 years.”.

Amendment of section 6 of Cap. 154

Section 6 of the principal Act is amended by deleting subsection (3)

and substituting the following:

“(3) A person who commits the offence of incest is liable on

conviction on indictment to imprisonment

if committed by an adult with a minor, for life;
if committed by an adult with a person 16 years of age or over but under 18 years of age, for 20 years; and
if committed between persons 16 years of age or over but under 18 years of age, for 2 years.”.

Repeal and replacement of section 7 of Cap. 154

Section 7 of the principal Act is deleted and the following is

substituted:

“Sexual intercourse with step-child etc

7.(1) A person who has sexual intercourse with another person

who is under the age of 18 years and is the first mentioned person’s adopted child, step-child, foster child, ward or dependant in the person’s custody is guilty of an offence.

A person guilty of an offence under this section is liable on

conviction on indictment to imprisonment for life.

A person shall not be guilty of an offence under this section if

the other person is the spouse of the first mentioned person.”.

Repeal and replacement of section 8 of Cap. 154

Section 8 of the principal Act is deleted and the following is

substituted:

“Violation of person suffering from mental disorder or physical disability

8.(1) A person is guilty of an offence if the person penetrates the

anus or vagina of another person, whether with a penis or any other part of the person’s body or with any object whatsoever, or performs any other sexual act with the other person, if the other person is suffering from a mental disorder or physical disability, knowing that the other person is suffering from the disorder or disability and that the other person does not consent or is incapable of consenting to the act.

A person who is suffering from a mental disorder or physical

disability shall be regarded as being incapable of consenting to engage in any act where by reason of mental disorder or physical disability, the person is unable to do one or more of the following:

to understand the nature of the act;

to decide
- whether to engage in the act; or
- whether the act should take place; or
- to communicate the person’s decision.
A person guilty of an offence under this section is liable on

conviction on indictment to imprisonment for life. ”.

Repeal of section 9 of Cap. 154

Section 9 of the principal Act is repealed.

Insertion of sections 9A, 9B, 9C, 9D and 9E into Cap. 154

The principal Act is amended by inserting the following new sections

immediately after section 9A:

“Causing or inciting a minor to engage in sexual activity

9A.(1) A person who intentionally causes or incites a minor to

engage in sexual activity is guilty of an offence unless the person has reason to believe that the minor is over the age of 16 years.

A person guilty of an offence under this section is liable on

conviction on indictment to imprisonment for life if the activity caused or incited involved

penetration of a minor’s anus, vagina or mouth with a penis, or any other part of a person’s body or with any object whatsoever; or
- penetration of the person’s anus, vagina or mouth with a penis, or any part of a minor’s body or any with object whatsoever.

If the activity does not involve activity mentioned in

subsection (2), a person guilty of an offence under this section is liable on

summary conviction to a fine of $10 000 or to imprisonment for a term of 2 years or to both; or
- conviction on indictment to imprisonment for a term of 15 years.

Engaging in sexual activity in the presence of a minor

9B.(1) A person is guilty of an offence if the person intentionally

engages in sexual activity for the purpose of sexual gratification

in the presence of a minor or the minor is in a place from which the minor can observe the person;
knowing or believing
- that the minor is aware of the sexual activity; or
- intending that the minor should be aware that the person is engaging in the sexual activity.
A person guilty of an offence under this section is liable
- on summary conviction, to a fine of $10 000 or imprisonment for a term of 2 years or to both; or
- on conviction on indictment to imprisonment for a term of 10 years.

Causing a minor to watch a sexual act

9C.(1) A person is guilty of an offence if, for the purpose of

obtaining sexual gratification, the person intentionally causes a minor

to watch a third person engaging in sexual activity; and

to look at an image, photograph, or video, including animation, of any person engaging in sexual activity.
A person guilty of an offence under this section is liable on

summary conviction to a fine of $100 000 or to imprisonment for a term of 2 years or to both.

Sexual communication with a minor

9D.(1) A person commits an offence and is liable on conviction on

indictment to imprisonment for 10 years if, for the purpose of obtaining sexual gratification

the person intentionally communicates with a minor;
- the communication
  - is sexual; or
  - is intended to encourage the minor to make to the person or another person a communication which is sexual; and
- the first mentioned person does not have reason to believe that the minor is 16 years of age or over.

Taking indecent photographs of a minor

9E. A person commits an offence and is liable on conviction on

indictment to imprisonment for 10 years if the person

takes or permits to be taken any indecent photograph of a minor;
distributes or shows an indecent photograph of a minor;
has in the person’s possession indecent photographs of a minor, whether or not with a view to the photographs being distributed or shown by that person or others; or

publishes or consents to the publication of any advertisement likely to be understood as conveying that the advertiser distributes or shows indecent photographs of a minor or intends to do so.”.

Amendment of section 11 of Cap. 154

Section 11 of the principal Act is amended by deleting subsection (1)

and substituting the following:

“(1) A person who indecently assaults another is guilty of an offence

and is liable

on summary conviction to imprisonment for 5 years; or
on conviction on indictment to imprisonment for 10 years.”.

Repeal of section 12 of Cap. 154

Section 12 of the principal Act is repealed.

Amendment of section 13 of Cap. 154

Section 13 of the principal Act is amended by deleting the words “15

years” and substituting the word “life”.

Amendment of section 14 of Cap. 154

Section 14 of the principal Act is amended by deleting the words “15

years” and substituting the word “life”.

Amendment of section 15 of Cap. 154

Section 15(1) of the principal Act is amended by deleting the words

“15 years” and substituting the words “25 years”.

Amendment of section 16 of Cap. 154

Section 16 of the principal Act is amended by deleting the word “10

years” and substituting the word “life”.

Amendment of section 17 of Cap. 15

Section 17 of the principal Act is amended by deleting subsection (1)

and the following is substituted:

“(1) A person who

being the owner, occupier or manager of premises; or
having control of premises or assisting in the management and control of premises,

induces or knowingly suffers a minor to resort to or to be in or upon the premises for the purpose of engaging in sexual activity with another person is guilty of an offence and is liable on conviction on indictment to imprisonment for life.”.

Repeal and replacement of section 28 into Cap. 154

Section 28 of the principal Act is deleted and the following is

substituted:

“Corroboration

28. Subject to section 31, where an accused is charged with an

offence under this Act, no corroboration is required.”.

Repeal and replacement of section 30 of Cap. 154

Section 30 of the principal Act is deleted and the following is

substituted:

“Hearing in camera

30. On a trial of an accused for an offence under this Act, the

court shall hear the evidence of the complainant in camera.”.

Repeal of section 37 of Cap. 154

Section 37 of the principal Act is repealed.

Transitional

Nothing contained in this Act applies to any offence committed

before the commencement of this Act.

Commencement

This Act shall come into operation on a date to be fixed by

Proclamation.

Read three times and passed the House of Assembly this day of , 2024.

Speaker

Read three times and passed the Senate this day of

, 2024.

President

HEALTH SERVICES (MEDICAL REPORTS) (FEES) (VALIDATION) ACT, 2024

OBJECTS AND REASONS

This Bill would validate the payment and collection of fees for medical reports prepared by medical practitioners and paramedical practitioners, for patients at polyclinics and other health services institutions operated by the State.

HEALTH SERVICES (MEDICAL REPORTS) (FEES) (VALIDATION) ACT, 2024

Arrangement of Sections

Short title
Validation.

BARBADOS

A Bill entitled

An Act to validate the payment and collection of fees for medical reports prepared by medical practitioners and paramedical practitioners for patients at polyclinics and other health services institutions operated by the State.

ENACTED by the Parliament of Barbados as follows:

Short title

This Act may be cited as the Health Services (Medical Reports)(Fees)

(Validation) Act, 2024.

Validation.

All amounts paid and collected as fees at polyclinics and other health

services institutions operated by the Crown and thereafter the State, in respect of the provision of medical reports during the period 1^st January, 1990 to the date of commencement of this Act, shall be deemed to have been validly paid and collected.

Read three times and passed the House of Assembly this day of , 2024.

Speaker

Read three times and passed the Senate this day of

, 2024.

President

ELECTRICITY SUPPLY ACT, 2024

OBJECTS AND REASONS

This Bill would

regulate the generation, storage, transmission, distribution, dispatch, supply and sale of electricity; and
- promote local participation, competition and the adoption of energy practices and technologies in the electricity sector that are sustainable to enhance energy security, climate resiliency and ensure the reliability and affordability of services in the sector.

ELECTRICITY SUPPLY ACT, 2024

Short title
Interpretation
Objectives of Act
Act to bind State

System planning

Arrangement of Sections

Targets for supply of electricity from sources of renewable energy
New generation and storage capacity
Advisory Committee

PART III

LICENSING AND REGISTRATION

Restrictions on certain electricity services without licence

Application for licence
Issue of licence
Terms and conditions of licence
Local participation and investment
Renewal of licence
Modification of licence
Suspension and revocation of licence
Licensee to notify of changes
Assignment of licence
State’s right to step-in
Registration of generation systems and storage systems

PART IV

INTERCONNECTION AND SALE OF ELECTRICITY TO PUBLIC UTILITY

Interconnection
Agreement on purchase of electricity by Public Utility
Public Utility not to unreasonably refuse agreement

PART V

DUTIES OF PARTICIPANTS IN THE ELECTRICITY SYSTEM

Public Utility obliged to provide service
Other participants to develop reliable and safe generation and storage systems
Public Utility to implement integrated resources and resilience, and grid modernization plans
Public Utility to keep separate accounts
Public Utility to report on activities
System Operator’s functions
System Operator’s departure from merit order
System Operator to plan for major system failure
Audit of System Operator’s activities
Licensees to cooperate and comply with System Operator’s directions
Where Public Utility is System Operator

PART VI

POWERS, OBLIGATIONS AND RESTRICTIONS IN RESPECT OF ELECTRICITY SUPPLY

Power to break up streets etc.
Power to alter positions of pipes and wires

Restrictions on works above ground
Restrictions on placement of electric lines etc.
Restrictions on use of electric lines
Service of section 37 or 38 notice
Penalty for failure to comply with section 37 or 38 notice
Protection of property of State, licensees and service providers
Use of electricity
Power of entry, inspection etc.
Discontinuation of electricity supply
Electric lines not subject to distress in certain cases
Damaging work with intent to cut off supply
Unlawful abstraction or use of electricity

PART VII

CODES

Codes
Compliance with Codes
Chief Electrical Officer to verify technical compliance with Codes

PART VIII

ELECTRICITY SYSTEM BENEFIT FUND

Establishment of Fund
Application of Fund’s resources
Administration of Fund

Decommissioning Decommissioning Fund

PART IX

DECOMMISSIONING

PART X

ELECTRICAL INSPECTORS

Appointment of electrical inspectors
Testing and inspection in relation to a public utility or an independent power producer
Testing and inspection as required by a consumer
Report of an electrical inspector
Fees and expenses of an electrical inspector
Obstruction

PART XI

ELECTRICITY APPEALS TRIBUNAL

Electricity Appeals Tribunal
Appeals to Tribunal
Appeal to High Court

PART XII

RENEWABLE ENERGY PROCUREMENT COMMITTEE

Renewable Energy Procurement Committee

PART XIII

MISCELLANEOUS

Non-power attributes and renewable energy certificates
Disaggregation of rates and tariffs
Confidential information
Administrative penalties for certain contraventions
Section 22 of Cap. 282 not to apply to certain licensees
Physical development plan to be considered
Affiliate transaction rules
Guidelines

Regulations
Amendment of Schedules
Consequential amendments
Repeal of Act 2013-21 and transitional provision
Commencement

FIRST SCHEDULE ELECTRICITY ADVISORY COMMITTEE

SECOND SCHEDULE CAPACITY THRESHOLDS

THIRD SCHEDULE ELECTRICITY APPEALS TRIBUNAL

FOURTH SCHEDULE CONSEQUENTIAL AMENDMENTS

BARBADOS

A Bill entitled

An Act to regulate the generation, storage, transmission, distribution, dispatch, supply and sale of electricity.

ENACTED by the Parliament of Barbados as follows:

PART I PRELIMINARY

Short title 1.

This Act may be cited as the Electricity Supply Act, 2024.

Interpretation

In this Act,

“affiliate”, in relation to a body corporate, has the meaning assigned to it by section 440 of the Companies Act, Cap. 308;

“business day” means a day other than a Saturday, Sunday or public holiday; “Chief Technical Officer” means a person appointed to the post of Chief

Technical Officer in the Ministry responsible for Works, as established in

the Public Service General Order, 2020 (S.I. 2020 No. 41); “Codes” means the codes issued pursuant to section 49;

“Commission” means the Fair Trading Commission established by section 3 of the Fair Trading Commission Act, Cap. 326B;

“Committee” means the Electricity Advisory Committee established by section 7;

“control”, in relation to a body corporate, has the meaning assigned to it by section 441 of the Companies Act, Cap. 308;

“cumulative installed capacity”, in relation to more than one generation system, means the sum of the installed capacity of the systems;

“Decommissioning Fund” means the fund established by section 56; “decommissioning operations” means the activities involved in the execution of

a decommissioning plan;

“decommissioning plan” means a plan which specifies the manner in which a licensee intends to decommission a facility for the generation, transmission, distribution or storage of electricity;

“dispatch” means the conduct of activities involved in the central management and direction of electricity from generation systems and other sources of supply of electricity to the public grid in order to achieve an economic supply of electricity that is safe and reliable;

“dispatch code” means rules to govern dispatch;

“distribution” means the transport of electricity by means of a distribution system;

“distribution system” means a system which

consists, wholly or mainly, of low voltage electric lines; and
- is used primarily for conveying electricity from a substation to a consumer;

“electricity system” means the system for the generation, storage, transmission, distribution and dispatch of electricity for use by the public, and includes the public grid;

“energy efficiency” includes

the use of less electricity to accomplish the same task or satisfy the same need through a change of technology or patterns of usage;
the utilization or management of a grid in a more cost-effective manner; and
a reduction in the amount of electricity required to be supplied to customers;

“energy storage system” means a system, mechanism or device for the conversion of electricity into a form of energy which can be kept in reserve, the keeping of that energy and the subsequent reconversion of that energy into electrical energy in a controllable manner;

“Fund” means the Electricity System Benefit Fund established by section 52; “generation” means the production of electricity by means of a generation

system;

“generation system” means a system that includes one or more generation sets;

“grid code” means the minimum, technical and commercial requirements to be satisfied by a person who owns, controls or operates a microgrid or a public grid or supplies electricity to, or receives electricity from, a microgrid or a public grid;

“independent power producer” means a person, other than the Public Utility, who owns or operates, on a commercial basis, a facility for the generation or storage of electricity primarily for supply to the public, whether through the public grid or otherwise;

“installed capacity” means the sum of the maximum rated electricity output of each generation in a generation system, as determined by the manufacturer of the generator;

“interconnection” means the connection of an electric line between a generation system or an energy storage system of a registrant or a licensee and a transmission system or distribution system;

“licence” means a licence issued under this Act; “licensee” means a person who holds a licence;

“merit order” means the sequence in which generation and storage systems are designated to deliver electricity, with the aim of economically optimizing the supply of electricity;

“microgrid” means a system, other than the public grid, for the generation, distribution and supply of electricity, whether connected to the public grid or islanded;

“microgrid code” means the minimum, technical and commercial requirements to be satisfied by a person who owns, controls or operates a microgrid or supplies electricity to, or receives electricity from, a microgrid;

“Minister” means the Minister responsible for Energy;

“public grid” means the physically connected generation, transmission and distribution systems used for the supply of electricity to the public;

“Public Utility” means the person who owns, controls or operates the public grid; “registrant” means a person, other than a licensee, registered pursuant to section

20;

“renewable energy source” means an energy source that is not depleted when exploited;

“self-generator” means a person, other than the Public Utility, an independent power producer or an operator of a microgrid, who generates or stores electricity for his own use and for supply to another, and includes a person described in section 9(2)(a) and (b);

“service provider” has the meaning assigned to it by section 2 of the Fair Trading Commission Act, Cap. 326B;

“smart technology” means a technology which includes two-way digital communication between the supplier of electricity and a consumer, intelligent metering and a monitoring system;

“store” means to operate an energy storage system ;

“supply” means the provision of electricity to consumers, the Public Utility, an operator of a microgrid or any other person;

“System Operator”means a person who holds a dispatch licence; “telecommunications” has the meaning assigned to it by section 2 of the

Telecommunications Act, Cap. 282B;

“telecommunications network” has the meaning assigned to it by section 2 of the

Telecommunications Act, Cap. 282B;

“telecommunications service” has the meaning assigned to it by section 2 of the

Telecommunications Act, Cap. 282B;

“transmission” means the transport of electricity by means of a transmission system;

“transmission system” means a system for conveying electricity from a generating station to a substation or to another generating station or to or from an interconnector or to a consumer but does not include an electric line that is part of a distribution system;

“Tribunal” means the Electricity Appeals Tribunal established by section 63; “works” includes electric lines and any buildings, machinery, engines, equipment

and other things required to generate, store, transmit and distribute or

otherwise supply electricity.

Objectives of Act

(a)

(b)

(c)

(d)

(e)

The objectives of this Act are to

provide for a modern system of regulation of the generation, storage, transmission, distribution, supply, dispatch and sale of electricity;

facilitate the efficient, effective, sustainable and orderly development and operation of the electricity system, supported by adequate levels of investment, local participation, and research and development;

promote energy security, energy efficiency and the use of renewable energy sources;

promote transparency in the identification and allocation of costs and revenues within the electricity sector;

ensure that the regulation of the electricity sector is transparent and predictable; and

(f) ensure the protection and safety of consumers of electricity and the public.

Act to bind State

This Act binds the State.

PART II ADMINISTRATION

System planning

5.(1) The Minister shall direct the planning, development and monitoring

of the electricity system and, for that purpose, shall require the Public Utility to

develop integrated resources and resilience, and grid modernization plans for the system after consultation with the Commission, the Chief Electrical Officer and the System Operator;
- consult with the Commission, the Chief Electrical Officer, the System Operator and other stakeholders within the electricity sector on matters concerning the system; and
- conduct system forecasting as directed by the Minister.
The Minister shall require the Public Utility, for the purposes of

developing the plans referred to in subsection (1)(a), to consider

the disaggregation of the public grid into a series of microgrids capable of operating in island mode;
- the development and deployment of smart grid infrastructure;
- the underground placement of electric lines;
- the deployment of utility storage facilities at diverse points along the transmission and distribution system;

the adoption of a policy on a non-wires solution with respect to upgrades to the transmission and distribution system; and
- any other measures deemed necessary for ensuring the resiliency of the electricity system in relation to climatic and other events.
The Minister shall, for the purposes of directing the planning,

development and monitoring of the electricity system pursuant to subsection (1), collect technical, financial and other relevant data from licensees and registrants.

Targets for supply of electricity from sources of renewable energy

6.(1)

(a)

(b)

(c)

(d)

(e)

The Minister may, by Order, after consultation with the Commission;

the Chief Electrical Officer; the Public Utility;

the System Operator; and

such other persons as the Minister may deem appropriate,

prescribe the minimum and maximum amounts of electricity that shall be permitted by the Public Utility to be supplied to the public grid.

Without prejudice to subsection (1), minimum and maximum amounts

may be prescribed for electricity generated

from different renewable energy sources; and
- on different types of premises, whether domestic, commercial or otherwise.

New generation and storage capacity

Without prejudice to Part III, where the Minister determines that it is

in the public interest to do so, the Minister may facilitate the provision of new generation and storage capacity at utility scale, for the supply of electricity to the

public grid, through negotiations with an independent power producer or competitive bidding in accordance with the competitive bidding framework.

Advisory Committee

8.(1) There is hereby established a committee to be known as the

“Electricity Advisory Committee”.

The First Schedule applies to the constitution of the Committee and

otherwise in relation thereto.

The functions of the Committee are to
- consider and make recommendations to the Minister in respect of applications for the issue or renewal of licences or for approval of assignments of licences or of rights thereunder;
- advise the Minister on any other matter relevant to the administration of this Act.
- Prior to advising the Minister on any matter or considering and making

recommendations to the Minister on any matter, the Committee may consult with any person whom it deems expert or experienced in the matters provided for in this Act.

A member of the Committee shall be paid such remuneration as the

Minister determines.

PART III

LICENSING AND REGISTRATION

Restrictions on certain electricity services without licence

9.(1) Subject to subsection (2), no person shall, except in accordance with

a licence issued to the person,

engage, in connection with the supply of electricity to another, in any of the following activities:
- generation;
- storage;
- transmission;
- distribution;
- dispatch;
- sales;
- development of a microgrid; or
- energy efficiency and demand side management, on a commercial basis; or
- erect, maintain or have an electric line or other works over, along, across or under any street, road, bridge or pavement.
Subsection (1)(a) does not apply to
- a person who generates electricity on premises that are primarily residential and supplies the electricity to the Public Utility, where the installed capacity of the generation system installed on the premises does not exceed the amount set out in paragraph 1 of the Second Schedule, whether or not the person stores some or all of the generated electricity;

a person, other than a person described in paragraph (a), who generates electricity and supplies the electricity to the Public Utility, where the cumulative installed capacity of the generation systems owned, controlled or operated by the person for the supply of electricity does not exceed the amount set out in paragraph 2 of the Second Schedule, whether or not the person stores some or all of the generated electricity;
- the Public Utility, where it develops a microgrid along the transmission and distribution systems for the purpose of modernizing or enhancing the resilience of the public grid; and
- such other persons as the Minister may prescribe by Order.
A person who contravenes subsection (1) is guilty of an offence and is

liable, on summary conviction, to a fine of $100 000 or to imprisonment for 2 years or to both.

Application for licence

10.(1) A person may apply to the Minister for a licence in such form as the

Minister may require.

An applicant shall submit with his application
- such information as the Minister may require to determine whether a licence should be issued to the applicant;
- the prescribed fee; and
- where he intends to operate a generation system or storage system with an installed capacity that exceeds the amount set out in paragraph 3 of the Second Schedule, a decommissioning plan which provides for
  - the dismantling, demolition and removal of the asset to be decommissioned;
  - the disposal of hazardous waste; and

the restoration of the premises at which the system is installed to an acceptable condition.
The Minister shall, in determining whether to issue a licence to an

applicant, take into account, where relevant

the objects of this Act;
- the national energy policy;
- the current and projected demand for electricity based on the most recent integrated resources and resilience, and grid modernization plans;
- the cumulative installed capacity of the electricity system; and
- whether the applicant proposes to introduce commercially and economically viable new and innovative renewable energy or storage technology into the electricity system.

Issue of licence

11.(1) The Minister may, upon payment of the prescribed fee, issue a licence

to an applicant where the Minister is satisfied that

the facility and location intended to be used pursuant to the licence are safe and adequate for the purpose;
the applicant
- possesses the financial capacity and viability to build and maintain the facility;
- has the technical capability to operate the facility safely, reliably and efficiently; and
- meets such other requirements for the issue of a licence as may be prescribed;
any planning permission required under the Planning and Development Act, 2019 (Act 2019-5) has been obtained; and

the issue of a licence to the applicant would not result in the cumulative installed capacity of the renewable energy generation systems connected to the public grid being in excess of such amount as the Minister may prescribe by Order.
Notwithstanding subsection (1), the Minister may refuse to issue a licence

where the Minister is satisfied that

the amount of electricity to be supplied pursuant to the licence would exceed the cumulative installed capacity connected to the public grid; or
- the issue of the licence is not in the public interest.
The Minister shall
- notify an applicant in writing as soon as practicable of his intention to refuse to issue a licence and of the reasons for his decision; and
- provide the applicant with an opportunity to make submissions, within 30 days of receipt of the notice, as to why the issue of a licence should not be refused.
The Minister shall, within 14 business days of receipt of any submissions

made by an applicant pursuant to subsection (3)(b)

consider the submissions; and
- notify the applicant in writing of his decision with respect to the issue of a licence.

Terms and conditions of licence

12.(1) A licence or licences with respect to transmission, distribution, sales

and dispatch may be issued to the public utility for such period, being not less than 25 years, upon such terms and conditions as the Minister considers appropriate for the purposes of this Act.

Without prejudice to the generality of subsection (1),
- it is a condition of every licence that the licensee
  - pay the prescribed annual fee;
  - observe such of the Codes as apply to the operations of the licensee;
  - provide the Minister with such information as the Minister may require for the purposes of this Act;
  - comply with good industry practice; and
  - refrain from acting in a manner, that will adversely affect, directly or indirectly, the security and stability of the electricity system, or the safety of the public; and
- the Minister may
  - include in a licence, a condition requiring a licensee to comply with such other obligation, whether or not relating to the activities authorized by the licence, as appears to the Minister to be necessary or expedient for the purposes of this Act; and
  - provide for a condition in a licence to cease to have effect at such time and in such circumstances as the Minister considers appropriate.
All licences granted under this Act shall be non-exclusive.

Local participation and investment

The Minister shall take such measures, as may be prescribed by

regulations, to promote local participation and investment in the electricity market, including the preparation of a local content plan.

Renewal of licence

14.(1) A licence may be renewed, upon payment of the prescribed fee, for

such period as the Minister considers appropriate.

The Minister may refuse to renew a licence where the licensee is or has

engaged in conduct that materially contravenes the Codes, this Act or any regulations made under this Act.

The Minister shall
- notify a licensee in writing as soon as practicable of his intention not to renew the licence and of the reasons for his decision; and
- provide the licensee with an opportunity to make submissions, within 30 days of receipt of the notice, as to why renewal of the licence should not be refused.
- The Minister shall, within 7 days of receipt of any submissions made by

a licensee pursuant to subsection (3)(b),

consider the submissions; and
- notify the licensee in writing of his decision with respect to renewal of the licence.

Modification of licence

15.(1) The Minister may, on his own motion or on the application of a

licensee, modify a licence with the consent of the licensee.

Notwithstanding subsection (1), the Minister may modify a licence

without the consent of the licensee where the Minister is satisfied that the modification is necessary in the public interest.

Where the Minister intends to modify a licence pursuant to subsection (2),

the Minister shall

notify the licensee and any other party who may be affected by the modification in writing of his intention as soon as practicable; and
- provide the licensee and the other party with an opportunity to make submissions, within 30 days of receipt of the notice, as to why the licence should not be modified.
The Minister shall, within 7 days of receipt of any submissions made by

a licensee or another party pursuant to subsection (3)(b),

consider the submissions; and
- notify in writing the licensee and the other party of his decision with respect to the modification.

Suspension and revocation of licence

16.(1)

The Minister may suspend or revoke a licence where the licensee

engages in conduct that materially contravenes the Codes, this Act or any regulations made under this Act;
fails to observe a term or condition of the licence; or
fails to pay a prescribed fee; or
the suspension or revocation is necessary in the interest of national security or otherwise in the public interest.

(2)

shall

Where the Minister intends to suspend or revoke a licence, the Minister

notify the licensee in writing, at least 60 days prior to the suspension or revocation, of
- his intention;

the grounds on which he proposes to suspend or revoke the licence; and
- the date of the proposed suspension or revocation; and
provide the licensee with an opportunity to
- make submissions, within 30 days of receipt of the notice or such longer period as the Minister may specify, in respect of the grounds and generally as to why the licence should not be suspended or revoked; and
- remedy any matter described in subsection (1)(a), where applicable.
The Minister shall, within 7 days of receipt of any submissions made by

a licensee pursuant to subsection (2)(b), including in relation to any remedial action taken by the licensee

consider the submissions made or remedial action taken; and
- notify the licensee in writing of his decision with respect to the suspension or revocation of the licence.
The suspension or revocation of a licence shall take effect on the date

specified pursuant to subsection (2)(a)(iii) or such other date as the Minister may specify.

Licensee to notify of changes

17.

(a)

(b)

A licensee shall notify the Minister within 10 business days where control of the licensee is transferred; or

there is a material change in the circumstances of the licensee that impacts upon the ability of the licensee to conduct operations under his licence.

Assignment of licence

18.(1) A licensee who desires to assign, transfer, sell or otherwise convey

his licence or any rights under his licence shall apply to the Minister for approval.

A licensee shall submit with his application for approval pursuant to

subsection (1)

particulars of the assets and of the controlling interest or share holding to be assigned;
- evidence establishing that the assignee is a fit and proper person to hold a licence; and
- such other information as the Minister may require to determine whether to approve the assignment.
The Minister may grant approval for an assignment of a licence or any

rights under a licence where the Minister is satisfied that the proposed assignee is legally, technically and financially qualified to undertake the obligations imposed by this Act and the licence.

Notwithstanding subsection (1), where it is proposed to assign a licence

or any rights under a licence to a person other than an affiliate of the licensee, the State shall have the right of first refusal, subject to any preexisting liens.

An assignment pursuant to subsection (1) shall be deemed to be a licence

issued under this Act.

A licensee shall not, by virtue of an assignment pursuant to subsection
, be relieved of any obligations and liabilities which the licensee incurred prior to the assignment.
Where a dispute arises under this section, the dispute shall be referred to

and determined by the Tribunal.

void.

A purported assignment of a licence in contravention of subsection (1) is

A licensee who assigns his licence or any rights under his licence without

the approval of the Minister is guilty of an offence and is liable, on summary conviction, to a fine of $100 000.

State’s right to step-in

19.(1) Where the Public Utility, the System Operator or an independent

power producer fails to perform a material obligation or suspends or ceases operations in the electricity system for any reason including an event of force majeure or the suspension or revocation of a licence, the State shall have the right to step-in and take over the performance of the obligation or the operations.

The State may assign the right specified in subsection (1) to another

person who is qualified to perform the obligation or continue the operations.

The Minister may include in a licence such terms and conditions as may

be appropriate for the purposes of subsections (1) and (2).

The State shall not exercise the right to step-in pursuant to subsection (1)

or assign the right pursuant to subsection (2) without providing the licensee with an opportunity to make submissions as to why the State should not exercise or assign the right.

Registration of generation systems and storage systems

20.(1) The Minister shall cause to be maintained a register that contains the

following information:

the name and address of every person who owns, controls or operates a generation system or storage system, whether the system is
- connected to the public grid or islanded; or
- installed pursuant to a licence or otherwise;

the location of the premises at which the system is installed and the type of premises;
- the type of system, including the energy source utilized by the system, and its installed capacity;
- a copy of every licence issued or deemed to be issued and any modification, if any, made to the licence; and
- such other information as the Minister considers appropriate for the purposes of this Act.
A person who owns, controls or operates a generation system or storage

system but does not require a licence under this Act shall furnish to the Minister such information as the Minister may require for the purpose of subsection (1).

A person who contravenes subsection (2) is liable to pay the

administrative penalty set out in section 70.

A member of the public may, upon payment of the prescribed fee, inspect,

and obtain copies of information from the register.

PART IV

INTERCONNECTION AND SALE OF ELECTRICITY TO PUBLIC UTILITY

Interconnection

21.(1) The Public Utility shall, in accordance with subsection (2), make

interconnection services available to

another licensee; or
- a registrant,

at the request of the licensee or registrant.

Interconnection services referred to in subsection (1) shall be
- offered at points along the public grid subject to
  - the approval of the Chief Electrical Officer;
  - such agreement between the parties as may be approved by the Commission for the purpose; and
  - the payment of such interconnection costs as may be specified by the Public Utility and approved by the Commission;
- made available
  - on such terms and conditions as may be approved by the Minister, after consultation with the Commission and the Chief Electrical Officer, as reasonable, transparent and non-discriminatory; and
  - within such period as may be specified by the Minister.
The terms and conditions of an agreement on interconnection may include

the following:

a description of the interconnection services to be provided;
- the location of points of interconnection;
- the technical requirements for interconnection;
- the processes for the testing and establishment of interconnection;
- the charges for interconnection;
- the duration of the agreement;
- provision on
  - the maintenance and quality of interconnection services;
  - access to ancillary services;
  - traffic forecasting and network management;
  - limitation of liability and indemnity; and

confidentiality in relation to certain aspects of the agreement;

the procedure to be followed where alterations to the system or the services offered are proposed; and

dispute resolution procedures.

The Public Utility may refuse interconnection services for technical

reasons but shall not impose on another licensee or a registrant, for the purpose of interconnection, a technical requirement that is

unnecessary or onerous in the context of the safety, stability and reliability of the public grid; or
- inconsistent with the licence or conditions of registration of the person.
Where the Public Utility refuses to provide interconnection services to

another licensee or a registrant, the Public Utility shall, within 7 days of the refusal

provide the licensee or registrant with written reasons for the refusal; and
- supply a copy of the reasons to the Minister and the Commission.
Where the Minister is notified of a dispute regarding a technical

requirement for the purpose of interconnection, the Minister shall, after

providing the Public Utility and the licensee or registrant with an opportunity to make submissions on the matter; and
- consulting with the Chief Electrical Officer and a professional engineer,

determine whether the technical requirement meets the criteria set out in subsection (4)(a) or (b).

Agreement on purchase of electricity by Public Utility

22.(1) The Public Utility shall purchase electricity from another licensee or

a registrant at such rate and on such other terms and conditions as may be approved by the Commission.

Where a licensee is an independent power producer, the Minister shall,

after consultation with the Commission, establish a time frame for the conclusion of negotiations for an agreement between the Public Utility and the independent power producer on the purchase of electricity.

Where the Public Utility and the independent power producer fail to arrive

at an agreement within the time frame established pursuant to subsection (2), the Commission shall specify the terms and conditions of the agreement.

Public Utility not to unreasonably refuse agreement

23. The Public Utility shall not unreasonably refuse to enter into an

agreement with a licensee or a registrant.

PART V

DUTIES OF PARTICIPANTS IN THE ELECTRICITY SYSTEM

Public Utility obliged to provide service

24.(1) The Public Utility shall, in accordance with its licence, this Act and

any regulations made under this Act, and in cooperation with other participants within the electricity system, provide to all parts of Barbados, an adequate, safe, reliable and efficient electricity service in accordance with good industry practice and applying reasonable standards of safety and dependability.

(2) Where, at any time, the demand for electricity from the public grid

exceeds the amount of electricity available for supply, the Public Utility shall provide electricity to meet the excess demand.

Other participants to develop reliable and safe generation and storage systems

A person, other than the Public Utility, involved in the generation or

storage of electricity shall, in accordance with his licence, if any, the grid code, this Act and any regulations made under this Act, develop and maintain generation or storage systems that are in accordance with good industry practice.

Public Utility to implement integrated resources and resilience, and grid modernization plans

The Public Utility shall, with the approval of the Minister, implement

the integrated resources and resilience, and grid modernization plans developed pursuant to section 5.

Public Utility to keep separate accounts

27.(1) The Public Utility shall keep the accounts for its generation,

transmission, distribution and supply activities separate and distinct from each other and also from the accounts it keeps in respect of any other part of its undertaking or business.

(2) The Public Utility may engage in any other business in addition to the

activities it conducts pursuant to its licence but no revenue, costs, profits or losses resulting therefrom shall be taken into account in the fixing of rates by the Commission.

Public Utility to report on activities

28.(1) The Public Utility shall furnish annually to the Minister and the

Commission but not later than 90 days after the end of each financial year of the Public Utility, a report on its financial and operating activities and the report shall contain such other information as the Minister or the Commission may determine.

System Operator’s functions

29.(1)

(a)

(b)

The System Operator shall

conduct dispatch in accordance with the dispatch code; establish such technical arrangements as may be necessary to

enable the Minister and the Commission effectively to monitor dispatch to determine whether the System Operator is in compliance with such merit order as may be determined in accordance with the Codes; and
provide the Minister, the Commission, the Public Utility and independent power producers with access to real time information concerning dispatch; and

(c) ensure that any information that is sensitive or confidential relating to an independent power producer is not disclosed to any person unless disclosure is required pursuant to

an order of the court;
the provisions of an enactment; or
the obligations imposed by an international agreement to which Barbados is a party.
For the purposes of subsection (1)(c) “sensitive or confidential” means

an any information that relates to the trade or marketing secrets of an independent power producer.

System Operator’s departure from merit order

30.(1)

(a)

Subject to subsection (3), where the Minister and the Commission

are satisfied that the System Operator has dispatched generation or storage capacity to the electricity system in a manner that does not comply with the merit order; and

(b) determine that the System Operator should compensate consumers of electricity for such dispatch,

the Minister and the Commission may make a claim for compensation on behalf of consumers.

A claim under subsection (1) shall be
- delivered in writing to the System Operator within 3 months from the date on which the information on which the claim is based was provided by the System Operator to the Minister; and
- supported by evidence.
Notwithstanding subsection (1), the obligation to compensate consumers

shall not arise where the System Operator satisfies the Minister that the departure from the merit order was due to technical exigencies relating to the reliability of the supply of electricity or the stability of the electricity system.

Any compensation provided to consumers pursuant to subsection (1) shall

be absorbed by the System Operator and shall not be passed on to or otherwise recovered from consumers.

The Commission, in consultation with the Minister, shall determine the

quantum of compensation to be paid by a Systems Operator as a refund to a ratepayer.

System Operator to plan for major system failure

31.(1) The System Operator shall develop and maintain a plan for restoring

the electricity system to normal operating levels in the event of a major system failure.

Where there is a major system failure, the System Operator shall as soon

as practicable

inform the Minister and the Commission of the status of the electricity system;

seek to have the system restored to normal operating levels taking into account safety, environmental impact, reliability and economy; and
- coordinate the bringing back online of any apparatus forming part of the system that may have ceased to be available to the system,

and shall provide regular status updates to the Minister and the Commission until the electricity system is restored to normal operating levels.

The System Operator shall
- conduct an investigation into the causes of a major system failure utilizing an appropriate root cause analysis technique; and
- submit to the Minister and the Commission, within 30 days of the system being restored to normal operating levels, a report on the matter which shall include
  - its findings on the cause of the failure;
  - an assessment of the cost associated with the failure;
  - the measures taken to restore the system;
  - the measures to be taken to avoid a recurrence of the failure; and
  - the measures taken to communicate effectively with the public regarding the failure and restoration of the system.
For the purposes of this section, “major system failure” means a system

failure that

has not been planned by the System Operator;
- affects at least 35 percent of the cumulative installed capacity on the public grid; and
- lasts at least 2 hours.

Audit of System Operator’s activities

32.(1) The Minister shall cause the dispatch activities and related operations

of the System Operator to be independently audited annually.

(2) The System Operator shall facilitate the audit and provide such access to

information as the auditor may require to complete the audit within such period as may be specified by the Minister.

Licensees to cooperate and comply with System Operator’s directions

33.

(a)

(b)

A licensee shall

give such assistance and provide such information to the System Operator as may be necessary to enable the System Operator to prepare the dispatch code pursuant to section 49; and

comply with any direction of the System Operator relating to dispatch or any other activity related to the functions of the System Operator.

Where Public Utility is System Operator

34.(1) Where the Public Utility is the System Operator, the Public Utility

shall, in accordance with this section, separate its dispatch activities from its other activities including those relating to generation, storage, transmission, distribution and sale of electricity.

In furtherance of the separation referred to in subsection (1)
- the Public Utility shall establish a discrete department for dispatch, the head of which department shall report directly to the Public Utility’s board of directors;
- the Public Utility shall keep its accounts and records in relation to dispatch separate from other accounts and records; and

the Minister may, require the Public Utility to make such additional arrangements as the Minister considers appropriate to establish further the separation.

PART VI

POWERS, OBLIGATIONS AND RESTRICTIONS IN RESPECT OF ELECTRICITY SUPPLY

Power to break up streets etc.

35.(1)

(a)

(b)

Subsections (2) to (9) apply to the Public Utility; and

any other licensee, as the Minister determines.

Subject to subsections (3) and (4) and to the terms and conditions of his

licence, a licensee may, for the purpose of supplying electricity or for any matter related to such purpose

open and break up any street, road, bridge or pavement;
- open and break up any sewer, drain or tunnel within, under or along any street, road, bridge or pavement;
- lay down pipes, conduits, machinery and other apparatus; and
- do such other things as the licensee considers necessary or expedient in connection with paragraphs (a) to (c).
A licensee shall not undertake an activity referred to in subsection (2)

unless the licensee

gives to the Chief Technical Officer, 21 days’ written notice of his intention to undertake the activity; and
- obtains the consent of the Chief Technical Officer for the activity.

Where a licensee intends to undertake an activity referred to in subsection
, the licensee shall give to the owners or occupiers of the premises that are likely to be affected by the activity, 7 days’ written notice of his intention to undertake the activity.
Notwithstanding subsections (3) and (4), where an emergency arises, the

licensee may commence an activity referred to in subsection (2) without complying with subsections (3) and (4) but shall as soon as possible after

the necessity for the activity arises; or
- the activity begins,

notify the persons referred to in subsections (3) and (4) of the activity.

Where the owners or occupiers referred to in subsection (4) cannot be

identified or located after the licensee makes reasonable efforts so to do, the licensee shall publish notice of the activity referred to in subsection (2) in at least 2 daily newspapers and the owners or occupiers shall be taken to have been thereby notified.

A licensee shall
- fence any portion of any street, road, bridge or pavement that is broken up; and
- provide adequate warning devices to indicate the fact of disrepair.
A licensee shall, without unnecessary delay, restore to the satisfaction of

the Chief Technical Officer, any streets, roads, bridges, pavements, sewers and like structures that the licensee disturbs pursuant to subsection (2).

Where a licensee
- fails to fence or provide adequate warning devices; or
- delays in making restoration,

as required by subsection (7) or (8), as the case may be, the Chief Technical Officer may carry out the necessary work and recover from the licensee, all reasonable expenses incurred in carrying out the work.

A person who, without reasonable excuse, hinders or obstructs an

employee or agent of a licensee in the conduct of an activity pursuant to this section is guilty of an offence and is liable, on summary conviction, to a fine of

$5 000 or to imprisonment for 12 months or both.

Nothing in this Act authorizes a licensee to carry out an activity referred

to in subsection (2) in respect of a street, road, bridge or pavement or a sewer, drain or tunnel within, under or along any street, road, bridge or pavement, that is not repairable by the Chief Technical Officer, without the consent of the person by whom it is repairable.

Power to alter positions of pipes and wires

36.(1)

(a)

(b)

Subsections (2) and (3) apply to the Public Utility; and

any other licensee, where the Minister so provides in his licence.

Subject to this Act, the Utilities Regulation Act, Cap. 282 and his licence,

a licensee may alter the position of any pipes or wires that

are under or upon any street or place that the licensee is authorized to break up; and
- may interfere with the exercise of the powers of the licensee under this Act.
A licensee shall
- prior to altering the position of any pipes or wires, make or secure such compensation to the owner of the pipes or wires; and
- comply with such conditions as to the mode of making the alterations referred to in paragraph (a),

as may, prior to the commencement of the alterations, be agreed upon by the licensee and the owner of the pipes or wires.

Any dispute with respect to the compensation or conditions referred to in

subsection (3) shall be referred to the Commission for determination.

Any other person may, in the same manner as that provided for a licensee

in subsections (2) and (3), alter the position of any pipes or wires of a licensee that

are under or upon any street or place that the person is authorized to break up; and
- may interfere with the lawful exercise of any power vested in the person.

Restrictions on works above ground

37.(1) Notwithstanding anything in this Act, a licensee shall not, without the

consent of the Chief Technical Officer, place an electric line above ground and along, over or across a street.

(2)

may

Where a licensee contravenes subsection (1), the Chief Technical Officer

require the licensee forthwith to remove the electric line placed contrary to that subsection; or
remove the electric line and recover from the licensee, the expense of such removal.
A licensee who fails to comply with the directions of the Chief Technical

Officer given under subsection (2)(a) commits an offence and is liable on summary conviction to imprisonment for one year or to a fine of $5 000 or to both.

Where a licensee places an electric line above ground in any position, a

magistrate may, on the application of the Chief Technical Officer, where the magistrate is satisfied that the line is, or is likely to become, dangerous to the

public, order the removal of the line by such person and upon such terms as the magistrate thinks fit.

Restrictions on placement of electric lines etc.

38.(1)

(a)

(b)

Where

an electric line or other work is laid down or erected in, over, along, across or under a street for the purpose of supplying electricity, or in any other position for such purpose, in such a manner as not to be entirely enclosed within a building or buildings; or

an electric line or other work laid down or erected as described in paragraph (a) is used for the purpose of supplying electricity otherwise than in pursuance of a licence,

the Chief Electrical Officer may, where he thinks fit, by written notice to be served upon the person who owns, uses or is entitled to use the electric line or other work, require that the line or other work be continued and used only in accordance with such conditions and subject to such measures for the protection of the public and the telecommunications network as the Chief Electrical Officer may determine.

Where a person fails to comply with the conditions or measures referred

to in subsection (1), the Chief Electrical Officer may require the person to remove the electric line or work.

Subsection (1) does not apply to an electric line or other work laid down

or erected by an owner or occupier of premises in order for electricity generated upon the premises to be supplied to another part of the premises.

Restrictions on use of electric lines

39.(1) Where an electric line or other work is used for the supply of electricity

in such a manner which adversely affects the telecommunications network or telecommunications service, the Chief Technical Officer may, by written notice to be served upon the person who owns, uses or is entitled to use the electric line

or work, require that the supply be continued only in accordance with such conditions and measures for the protection of the network and service as the Minister may determine.

Where a person fails to comply with the conditions or measures referred

to in subsection (1), the Chief Technical Officer may require the supply of electricity through the electric line or other work to be discontinued forthwith.

Subsection (1) does not apply to an electric line or other work laid down

or erected and used for the supply of electricity in accordance with a licence.

Service of section 37 or 38 notice

40.(1) A notice authorized to be served upon a person pursuant to section 38

or section 39 may be served

(a) personally; or

(b) by

courier service;
- post;
- facsimile;
- electronic mail; or
- such other method as may be prescribed by the Minister by Order.

(2) A notice served by post shall be deemed to have been served at the time

when the letter containing the notice would be delivered in the usual course of post, and in proving such notice, it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post.

Penalty for failure to comply with section 37 or 38 notice

41.(1) A person who, without reasonable excuse, fails to comply with the

requirements of a notice served upon him pursuant to section 38 or section 39 is guilty of an offence and is liable, on summary conviction, to a fine of $10 000.

A magistrate may, in addition to any fine imposed pursuant to subsection
, order the removal of any electric line or other work specified in the notice, by such person and upon such terms as the magistrate thinks fit.

Protection of property of State, licensees and service providers

42.(1) A licensee shall not lay down an electric line or do any other work for

the supply or use of electricity whereby the telecommunications network or the pipes or other works of the State or of other licensees or service providers are or may be adversely affected.

Before an electric line is laid down or any work is done within 9 feet of

any part of the telecommunications network or of the pipes or other works of the State or of other licensees or service providers (other than the repairs or the laying of connections with mains where the direction of the electric lines so laid down crosses the lines of the telecommunications network or the pipes or other works of other service providers, at right angles at the point of shortest distance and continues the same for a distance of 6 feet on each side of such point), the licensee shall, not more than 28 nor less than 7 business days before commencing such work, give written notice to the Minister or the other licensees or service providers affected, as the case may be, specifying the course and nature of the work including the gauge of any electric lines.

The licensee shall comply with any reasonable requirements, whether

general or specific, as may be made by the Minister or the other licensees or service providers, as the case may be, for the purpose of preventing the telecommunications network or the pipes or works of the State or of the other licensees or service providers from being adversely affected by the work.

Any dispute with respect to a requirement referred to in subsection (3),

between the licensee and the Minister or the other licensees or service providers, shall be referred to a judge in Chambers for determination.

A licensee who contravenes subsection (1), (2) or (3) is guilty of an

offence and is liable, on summary conviction, to a fine of $1 000 for every day during which the contravention continues or, where telecommunications or the

supply of water or gas is wilfully interrupted, $5 000 for every day on which such interruption continues.

that

It is a defence to a charge under subsection (5) for a person to prove

the immediate execution of the works was required to avoid an accident or was otherwise a work of emergency; and
- the person forthwith served on the Minister or on the other licensees or service providers affected, as the case may be, written notice of the execution thereof, stating the reason for executing the works without previous notice.
For the purposes of this section, the telecommunications network or the

pipes or works of the State or of other licensees or service providers shall be deemed to be adversely affected by a work where telecommunications or the supply of water or gas by means of such pipes or works is, whether by induction or otherwise, in any manner affected by the work or by any use made of the work.

Use of electricity

43.(1) Subject to section 45, a licensee shall not control or interfere with the

manner in which the electricity the licensee supplies is used.

No person shall
- use the electricity supplied to him for any purpose; or
- deal with the electricity in any manner,

so as to unduly or improperly interfere with the electricity supplied to another.

Any dispute arising out of subsection (1) or (2) between a licensee and a

person entitled to be supplied with electricity under this Act shall be referred to the Commission for determination.

Power of entry, inspection etc.

44.(1) The Public Utility may, at any reasonable time, enter any premises to

which the Public Utility supplies or has supplied electricity, to

inspect the electric lines, meters, capacitors, fittings, works and apparatus for the supply of electricity, belonging to the licensee;
- ascertain the quantity of electricity consumed or supplied; or
- remove any electric lines, meters, capacitors, fittings, works or apparatus belonging to the licensee, where a supply of electricity is no longer required or the licensee is authorized to discontinue the supply of electricity to the premises.
The Public Utility shall repair any damage caused by an entry, inspection

or the removal of anything which was done in accordance with subsection (1).

Discontinuation of electricity supply

Notwithstanding anything contained in the Utilities Regulation Act,

Cap. 282 where a person fails or refuses to pay a charge for electricity or any other sum payable by him to a licensee in respect of the supply of electricity to him, or engages in an act capable of affecting the safety, reliability, security or correct recording of the supply of electricity, the licensee may discontinue the supply of electricity and for the purpose, cut or disconnect any electric line or other work through which the electricity may be supplied until

the charge or other sum, together with any expenses incurred by the licensee in so cutting off the supply of electricity, is fully paid; and
- all requirements for the safe restoration of an accurately metered supply of electricity are met.

Electric lines not subject to distress in certain cases

Electric lines, meters, capacitors, fittings, works or apparatus

belonging to a licensee and placed on premises not in the possession of the

licensee for the purpose of supplying electricity shall not be subject to removal or disconnection by a landlord or to distress or any other remedy of a landlord for rent of the premises against any person in whose possession the premises may be.

Damaging work with intent to cut off supply

(a)

(b)

A person who, without lawful excuse

damages an electric line or other work with intent to cut off a supply of electricity; or

tampers with an electric line or other work and the tampering results in the disruption of service or the incorrect measurement or recording of the amount of electricity used, or impacts on safety,

is guilty of an offence and is liable, on summary conviction, to a fine of $50 000 or to imprisonment for 2 years or to both.

Unlawful abstraction or use of electricity

A person who unlawfully abstracts, uses or consumes, diverts or

causes to be diverted any electricity supplied by the Public Utility is guilty of an offence and is liable, on summary conviction, to a fine of $50 000 or to imprisonment for 2 years or to both.

PART VII CODES

Codes 49.(1)

(a)

(b)

Subject to the approval of the Minister the Public Utility shall issue a grid code;

the System Operator shall issue a dispatch code; and

(c) an operator of a microgrid shall issue a microgrid code,

within such period as may be specified by the Minister.

(2)

(1)

The Minister shall, before approving the issue of a code under subsection

consult with the Chief Electrical Officer and the Commission on the content of the code and any comments on it; and
make the code available for public comment.
The Minister may, within such period as the Minister considers

appropriate, require a person who issues a code to review and revise the code to take account of changes in the electricity system and sector.

Subsections (1) and (2) apply to the revision of a code as those sections

apply to the original code.

The Minister shall cause the Codes and any revision of the Codes to be

published in the Official Gazette.

Subsection (1)(c) does not apply to the Public Utility, where the Public

Utility operates a microgrid that is connected to the public grid.

Compliance with Codes

50. Any person to whom the Codes apply shall comply with the Codes.

Chief Electrical Officer to verify technical compliance with Codes

51.(1) Where the Chief Electrical Officer is satisfied that the electrical wiring

and installations at any premises or facility or any apparatus is safe and complies with the relevant code, the Chief Electrical Officer shall certify that the premises, facility or apparatus is fit to be connected to a grid.

(2) The Public Utility or an operator of a microgrid shall not connect any

premises, facility or apparatus to the grid unless it has been certified by the Chief Electrical Officer as fit to be connected to the grid.

PART VIII

ELECTRICITY SYSTEM BENEFIT FUND

Establishment of Fund

52.(1)

Fund”.

(2)

There is established a fund to be called the “Electricity System Benefit

There shall be paid into the Fund any moneys voted for the purpose by

Parliament or received from any other source for the purposes of the Fund.

Application of Fund’s resources

53.

(a)

(b)

(c)

(d)

(e)

The resources of the Fund shall be utilized

to promote energy efficiency, energy resiliency and energy security; to increase the penetration of renewable energy in the electricity sector;

to conduct research and development on the electricity system and the electricity sector;

to conduct technical studies for the prudent regulation of the electricity system; and

for such other purpose relating to the Electricity System as the Minister may by Order prescribe.

Administration of Fund

54.(1) The Fund shall be administered by the Accountant-General under the

control and direction of the Minister.

The Accountant-General may invest all moneys in the Fund which are not

immediately required in an interest-bearing account.

The Accountant-General shall
- maintain adequate financial and other records of the Fund;

prepare a statement of accounts on the Fund for each financial year; and
- cause an audit of the Fund to be conducted at least every 3 years,

and the cost of the audit shall be paid from the Fund.

PART IX DECOMMISSIONING

Decommissioning

55.(1) A licensee or registrant shall not decommission his generation system

or storage system or a part of his system without making a reasonable effort to mitigate the impact of the decommissioning on the environment in accordance with good industry practice.

Where the installed capacity of the generation system or storage system

of a licensee exceeds the amount set out in paragraph 3 of the Second Schedule and the licensee has submitted a decommissioning plan to the Minister pursuant to section 10(2)(c), the licensee

shall not decommission the system without the written approval of the Minister; and
- shall decommission the system in accordance with the plan.
A licensee shall
- revise his decommissioning plan every 3 years to take into account any changes in circumstances which, in accordance with good industry practice, require changes in the scope or cost or another attribute of the plan; and
- submit the revisions to the Minister.

Notwithstanding subsection (3), a licensee shall not, without the written

approval of the Minister, materially amend a decommissioning plan which has been previously approved by the Minister.

Decommissioning Fund

56.(1) There is established a fund to be called the “Decommissioning Fund”

to finance the decommissioning operations of licensees.

The Minister and each licensee shall agree on
- the amount of the contribution of the licensee to the Decommissioning Fund; and
- the manner in which and time at which the licensee shall submit his contribution to the fund.
The Accountant-General shall establish an interest-bearing escrow bank

account in a currency agreed upon by the Minister and the licensee for the purpose of depositing contributions to the Decommissioning Fund.

A licensee shall, in accordance with his agreement pursuant to subsection

(2), deposit contributions into the account and notify the Minister when a deposit is made.

A licensee shall provide the Minister with a guarantee in respect of any

shortfall which may accrue between his contribution to the Decommissioning Fund and the actual cost of his decommissioning operations.

The guarantee referred to in subsection (5) shall be in such form as the

Minister determines.

PART X ELECTRICAL INSPECTORS

Appointment of electrical inspectors

57.(1) There shall be appointed such number of electrical inspectors as are

necessary for the purposes of this Act.

The functions of an electrical inspector are:
- the inspection and testing, periodically and in special cases, of the electric lines of a public utility and an independent power producer and works and the supply of energy given by them;
- the certifying and examination of meters; and
- such other duties as may be require by him for the purpose of enforcing the provisions of this Act.

Testing and inspection in relation to a public utility or an independent power producer

58.(1) Where an electrical inspector intends to conduct testing on any main

of a public utility or an independent power producer, he shall give reasonable notice to that public utility or independent power producer.

A test conducted under subsection (1) shall be carried out at such suitable

hours as in the opinion of the electrical inspector will least interfere with the supply of energy by the public utility or an independent power producer and in such manner as the electrical inspector may think expedient.

An electrical inspector shall not be entitled to interfere with the mains of

a public utility or an independent power producer unless authorised to so by the Minister, in order to address an of emergency.

A public utility or an independent power producer shall not be held

responsible for any interruption in the supply of energy which may be occasioned

by or required by such inspector for the purpose of any testing referred to in subsection (1).

Testing pursuant to subsection (1) shall not be conducted more than once

in any 3 months unless authorised by the Minister to do so.

A public utility or an independent power producer shall set up and keep

upon all premises from which they supply energy by any distributing mains such suitable and proper instruments of such pattern and construction as may from time to time be approved by the Minister and shall from time to time take and record, and keep recorded, such observations as the Minister may from time to time approve, and any observations so recorded shall be receivable as evidence.

A public utility or an independent power producer shall keep in efficient

working order all instruments which they are required by this Act to place, set up or keep at or on their premises and an electrical inspector may from time to time examine and record the readings of such instruments and any reading so recorded shall be receivable in evidence.

An electrical inspector shall have the right of access at all reasonable hours

to the premises of a public utility or an independent power producer for the purpose of testing the electric lines and instruments of the public utility or an independent power producer and ascertaining if the electric lines or instruments are in order.

Where pursuant to a test conducted under subsection (8) the electric lines

or instruments of a public utility or an independent power producer are not in order, the inspector may direct the public utility or an independent power producer to have the relevant electric lines or instruments restored to good order.

A public utility or an independent power producer may, if they think fit,

on each occasion of the testing of any main or service line or the testing or inspection of any instrument of a public utility or an independent power producer by any electrical inspector, be represented by some officer or other agent, but such officer or agent shall not interfere with the testing or inspection.

A public utility or an independent power producer shall afford all facilities

for the proper execution of an inspection and testing and the readings and inspection of instruments and shall comply with all the requirements of this Act.

A public utility or an independent power producer that contravenes this

section shall be liable to pay an administrative penalty in accordance with section 70.

Testing and inspection as required by a consumer

An electrical inspector, if and when required to do so by any consumer,

shall from time to time, on payment by such consumer of the prescribed fee, test the variation of electric pressure at the consumer’s terminals or make such other inspection and testing of the service lines, apparatus and works of a public utility or an independent power producer upon the consumer’s premises as may be necessary for the purpose of determining whether a public utility or an independent power producer have complied with this Act.

Report of an electrical inspector

60.(1) An electrical inspector shall, within 28 days of the date of the conduct

of a testing, make and deliver a report of the results of his testing to the

Minister or the consumer as the case may be, by whom he was required to make such testing; and
- public utility or independent power producer,

and that report shall be receivable in evidence.

(2) Where a public utility or an independent power producer or a consumer,

is dissatisfied with any report of any electric inspector, they may appeal to the Tribunal.

Fees and expenses of an electrical inspector

61.(1) All fees and reasonable expenses of an electrical inspector shall, unless

agreed to, be ascertained by the Minister and shall be paid by a public utility or

an independent power producer, and may be recovered in a summary manner before a magistrate.

Where the report of an electrical inspector, shows that any consumer was

guilty of any default or negligence, such fees and expenses shall, on being ascertained by the Minister, be paid by such consumer or consumers as the Minister having regard to such report, shall direct, and may be recovered in a summary manner before a magistrate.

In any proceedings pursuant to this section, any fees and expenses

incurred in connection with such proceedings shall be payable by the complainant or defendant as the court may direct.

Obstruction

62.

(a)

(b)

(c)

Any person who

assaults or obstructs an inspector in the performance of his functions;

by the offer of any gratuity, bribe or other inducement prevents or attempts to prevent an inspector from performing his functions;

knowingly gives false information to an inspector in the performance of his functions or gives information that is likely to mislead an inspector in the performance of his functions

is guilty of an offence and liable on summary conviction to a fine of $5 000 or to imprisonment for a term of 2 years or to both.

PART XI ELECTRICITY APPEALS TRIBUNAL

Electricity Appeals Tribunal

63.(1)

Tribunal”.

There is established a tribunal to be called the “Electricity Appeals

The Third Schedule applies to the constitution of the Tribunal and

otherwise in relation to the Tribunal.

Subject to this Act, the Tribunal may regulate its own procedure and may

make rules for that purpose.

Appeals to Tribunal

64.(1) A person aggrieved by a decision of the Minister under this Act may,

within 14 days of notification of the decision and in such form and manner as the Tribunal may require, appeal to the Tribunal against the decision.

The filing of an appeal against a decision under subsection (1) does not

operate as a stay of the decision unless the Tribunal so determines.

The Tribunal may, upon an appeal against a decision, confirm, modify or

reverse the decision or any part of the decision.

Appeal to High Court

65. A party to an appeal determined by the Tribunal who is dissatisfied

with the determination may, within 30 days after the party is notified of the decision, appeal to the High Court.

PART XII

RENEWABLE ENERGY PROCUREMENT COMMITTEE

Renewable Energy Procurement Committee

66.(1) There is hereby established a Committee to be known as the

“Renewable Energy Procurement Committee” which shall be appointed by the Cabinet for the purpose of procuring generation and storage capacity in the renewable energy sector.

(2) The constitution of the Renewable Energy Procurement Committee shall

be prescribed by regulations made by the Cabinet.

The Renewable Energy Procurement Committee shall manage and

administer the process for procurement, by means of competitive bidding, of generation or storage capacity by potential independent power producers for sale to the public grid.

In order to ensure appropriate transparency and continuity in procurement

matters so as to attract necessary levels of investment in the electricity and renewable energy sectors, the Renewable Energy Procurement Committee shall establish protocols or rules governing procurement.

PART XIII MISCELLANEOUS

Non-power attributes and renewable energy certificates

67.(1) The property in all non-power attributes of electricity generated from

a renewable energy source in Barbados is vested in the State.

The Minister may make regulations for the registration of non-power

attributes and the issue of renewable energy certificates in respect of such attributes.

In this section,

“non-power attributes” means the environmental, social and other characteristics, exclusive of energy, capacity, reliability and any other electrical power service attribute, associated with the generation of electricity from a renewable energy source;

“renewable energy certificate” means a tradable certificate representing the property in the non-power attributes associated with at least one megawatt- hour of electricity generated from a renewable energy source.

Disaggregation of rates and tariffs

68. The Commission shall, within 180 days after the commencement of

this Act, disaggregate and make available for public inspection, all rates and tariffs charged for electricity services.

Confidential information

69.(1) A person involved in the administration of this Act shall treat as

confidential information received in the discharge of his functions.

Subsection (1) does not apply where the disclosure of the information is
- necessary for the proper administration of this Act;
- authorized by the person who provided the information; or
- made pursuant to an order of the court.
Where a person claims that confidential information made available or to

be made available by or on behalf of the person, whether in writing or otherwise, is information the disclosure of which would be injurious to the interest of the person and the Minister

is satisfied that the claim is justified; and
- is not of the opinion that disclosure of the confidential information is necessary for the proper administration of this Act,

the Minister shall take reasonable steps to ensure that the confidential information is not, without the consent of that person, disclosed.

A person who discloses information contrary to this section is guilty of

an offence and is liable, on summary conviction, to a fine of $50 000 or to imprisonment for 2 years or to both.

Administrative penalties for certain contraventions

70.(1) Where the Director of Renewable Energy is satisfied that a licensee

or registrant has

contravened
- a term or condition of his licence;
- the Codes; or
- this Act or any regulations made under this Act; or
- failed to comply with a direction of the Minister or electrical inspector under this Act,

and the contravention or failure does not constitute an offence, the Director of Renewable Energy may, where no other penalty is provided under this Act for the contravention or failure, impose on the person a penalty of $5 000.

The Director of Renewable Energy shall not impose an administrative

penalty on a person under this Act without first giving the person

written notice of imposition of the administrative penalty; and
- an opportunity to make submissions as to why the penalty should not be imposed.
The notice referred to in subsection (2) shall
- specify the nature of the act constituting the contravention and the penalty to be paid; and
- require the person to pay the penalty to the Director of Renewable Energy within 14 days of the date of the notice.
A person who is in receipt of an administrative penalty notice shall pay

the amount of the penalty to the Director of Renewable Energy and comply with any additional requirement contained in the notice on or before the date specified in the notice.

An administrative penalty imposed under subsection (1) is a debt due to

the State recoverable in the Magistrate’s Court for District A.

Section 22 of Cap. 282 not to apply to certain licensees

For the avoidance of doubt, section 22 of the Utilities Regulation

Act, Cap. 282 shall not apply in respect of a licensee other than a person who

holds a licence in respect of generation at utility scale, transmission, distribution or dispatch; or
- is otherwise an independent power producer.

Physical development plan to be considered

A person exercising functions under this Act shall specifically

consider the physical development plan for Barbados in determining the physical location of renewable and other generation and storage systems, taking into account the potential for electrification through the development of grid modernization and climate resilient infrastructure.

Affiliate transaction rules

The Minister may make rules to govern the relationship of licensees

that are affiliates.

Guidelines

74.(1) The Minister may issue guidelines generally to provide information

and guidance in relation to compliance with this Act or any statutory instruments made thereunder and those guidelines shall be published in the Official Gazette.

A person who contravenes the guidelines issued under subsection (1) shall

be liable to pay an administrative penalty in accordance with section 70.

Regulations

75.(1) The Minister may make regulations generally for giving effect to this

Act. and to provide for

the fees to be paid under this Act;
- the establishment and regulation of microgrids; and
- the supply of electricity to electric vehicles; and
- generally for giving effect to this Act.
Notwithstanding the generality of subsection (1), the Minister may make

regulations to provide for

the fees to be paid under this Act;
- the establishment and regulation of microgrids; and
- the supply of electricity to electric vehicles.

Amendment of Schedules

76.

Schedules.

The Minister may by Order amend the First, Second and Third

Consequential amendments

The enactments specified in the Column 1 of the Fourth Schedule are

amended to the extent specified opposite in Column 2.

Repeal of Act 2013-21 and transitional provision

78.(1) The Electric Light and Power Act, 2013 (Act 2013-21) is repealed.

Notwithstanding subsection (1), the Orders saved by section 35 of the

Electric Light and Power Act, 2013 (Act 2013-21), and the Electric Light and Power (Fees) Regulations, 2017 (S.I. 2017 No. 73)

shall continue in force to the extent that they were in force prior to the commencement of this Act; and
- may be amended or revoked by the Minister as if they had been made under this Act.
- Notwithstanding section 9
  - an existing licence that was valid immediately before the commencement of this Act shall be deemed to have been issued under this Act and continue in force until it expires or is suspended or revoked, or a new licence is issued to the licensee; and
  - for as long as the Orders described in subsection (1) continue in force, the Public Utility shall not be held to be in breach of section 9 and shall be treated for the purposes of this Act as if it were a licensee under this Act.
- Nothing in subsection (2) or (3) shall restrict any right given to, or remove

any obligation imposed on, the Public Utility or the holder of an existing licence under this Act; and this Act shall prevail where there is a conflict between this Act and

the Orders described in subsection (1); or
- an existing licence.
- In this section,

“existing licence” means a licence issued under section 6 of the Electric Light and Power Act, 2013 (Act 2013-21);

“Orders” means

the Orders set out in the First, Second and Third Schedules to the Electric Light and Power Act, Cap. 278 which was repealed by the Electric Light and Power Act, 2013 (Act 2013-21); and
- the Electric Light and Power Order, 1981 (S.I. 1981 No. 216).

Commencement

79. This Act shall come into operation on a date to be fixed by

proclamation.

(a)

FIRST SCHEDULE

ELECTRICITY ADVISORY COMMITTEE

The Committee shall comprise

ex officio

(Section 8)

the Permanent Secretary in the Ministry with responsibility for Energy;
the Chief Energy Conservation Officer;
the Chief Electrical Officer;
the Director of Planning and Development; and

(b)

5 persons appointed by the Minister by instrument in writing from among persons qualified and experienced in electrical or structural engineering, renewable energy technologies, economics, accountancy, commerce or law or such other area as, in the opinion of the Minister, is relevant to the discharge of the functions of the Committee.

The Minister shall appoint a person to be Chairman and another to be

Deputy Chairman, of the Committee.

(a)

(b)

A member of the Committee, other than an ex officio member

shall, subject to this Schedule, hold office for a term of 3 years and is eligible for reappointment; and

may resign his office by instrument in writing addressed to the Minister, transmitted through the Chairman; and from the date of the receipt of the instrument by the Minister, unless some other date is mentioned in the instrument, shall cease to be a member.

(a)

(b)

The Minister may by instrument in writing

appoint a person to act temporarily in the place of a member appointed by him where the member is temporarily absent or unable to act;

revoke the appointment of a member appointed by him where he is satisfied that the member is

incapacitated physically or mentally to such an extent as to impair his ability to perform his duties or is otherwise unable or unfit to perform his duties; or
is guilty of serious misconduct in relation to his duties.
A person who is appointed to fill a vacancy created by the death,

resignation or removal from office of a member holds office only for the unexpired term of the member.

The appointment, resignation, death or removal from office of a

member shall be notified in the Official Gazette.

The Committee shall meet at such times as may be necessary or

expedient for the transaction of business, and such meetings shall be held at such places and times and on such days as the Committee determines.

Five members of the Committee shall constitute a quorum.
The Chairman, or in his absence, the Deputy Chairman, shall preside

at meetings of the Committee.

Where the Chairman and the Deputy Chairman are absent from a

meeting, the members present shall elect a member from among their number to preside at the meeting.

Decisions of the Committee shall be by a majority of votes, and where

the voting is equal, the Chairman or other person presiding at the meeting shall, in addition to an original vote, have a casting vote.

The Minister may by instrument in writing appoint a person to perform

the functions of secretary to the Committee.

All documents made by, and all decisions of, the Committee may be

signified under the hand of the Chairman or any member of the Committee authorised to act in that behalf or by the secretary of the Committee.

procedure.

Subject to this Schedule, the Committee may regulate its own

SECOND SCHEDULE

(Sections 9, 10, 55 and 77)

CAPACITY THRESHOLDS

kilowatts.

The installed capacity for the purpose of section 9(2)(a) is 10

The cumulative installed capacity for the purpose of section 9(2)(b)

is 50 kilowatts.

The installed capacity for the purpose of 10(2)(c) and section 55(2) is

500 kilowatts.

THIRD SCHEDULE

(Sections 63 and 77)

ELECTRICITY APPEALS TRIBUNAL

The Electricity Appeals Tribunal shall comprise 5 persons appointed

by the Minister by instrument in writing from among persons qualified and experienced in Economics, Accounts, Engineering or Law or in any other area which, in the opinion of the Minister, is relevant to the discharge of the functions of the Tribunal.

The Minister shall appoint from among the members of the Tribunal,

a person to be Chairman and another to be Deputy Chairman, of the Tribunal.

A member of the Tribunal shall, subject to paragraphs 6 and 7, hold

office for a term of 3 years but is eligible for reappointment.

A member of the Tribunal shall be paid such remuneration as the

Minister determines.

5.(1) The Minister may by instrument in writing appoint a person to act

temporarily in the place of a member of the Tribunal where the member is temporarily absent or unable to act.

(2) A person appointed to fill a vacancy created by the death, resignation or

removal from office of a member shall hold office only for the unexpired term of the member.

6.

(a)

A member of the Tribunal

may resign his office by instrument in writing addressed to the Minister, and transmitted through the Chairman in the case of a member other than the Chairman; and

(b)

7.

shall cease to be a member from the date the Minister receives the instrument, unless another date is specified in the instrument.

The Minister may by instrument in writing revoke the appointment of

a member of the Tribunal where the Minister is satisfied that the member is

(a)

(b)

incapacitated physically or mentally to such an extent as to impair his ability to perform his functions or otherwise unable or unfit to perform his functions; or

guilty of serious misconduct in relation to his functions.

The appointment, resignation, death or removal from office of a

member of the Tribunal shall be notified in the Official Gazette.

Three members of the Tribunal shall constitute a quorum.
The Minister may by instrument in writing appoint a person to perform

the functions of Secretary to the Tribunal.

11.(1) The Tribunal shall meet at such places and times and on such days as

the Tribunal determines necessary or expedient for the transaction of business.

The Chairman, or in his absence, the Deputy Chairman, shall preside at

meetings of the Tribunal.

Where the Chairman and the Deputy Chairman are absent from a meeting,

the members present shall elect a member from among their number to preside at the meeting.

Decisions of the Tribunal shall be by a majority of votes, and where the

voting is equal, the person presiding at the meeting shall, in addition to an original vote, have a casting vote.

All decisions taken or documents prepared by the Tribunal may be

signified under the hand of the Chairman, any other member of the Tribunal authorized to act in that behalf or by the Secretary of the Tribunal.

FOURTH SCHEDULE

CONSEQUENTIAL AMENDMENTS

(Section 77)

Column 1

Enactments

Utility Regulation Act,

Cap. 282.

Fair Trading Commission Act, Cap. 326B

Column 2

Amendments

In section 24A, delete the definition of “public grid” and substitute the following:

“ “public grid” means the physically connected generation, transmission and distribution systems used for the supply of electricity to the public;”.

In section 2(1), delete the definitions of “independent power producer” and “public grid” and substitute the following:

“ “independent power producer” means a person, other than an electric utility, who owns or operates, on a commercial basis, a facility for the generation or storage of electricity primarily for supply to the public, whether through the public grid or otherwise;

“public grid” means the physically connected generation, transmission and distribution systems used for the supply of electricity to the public;”.

Fourth Schedule – (Cont’d)

CONSEQUENTIAL AMENDMENTS – (Cont’d)

Column 1

Enactments

Fair Trading Commission Act, Cap. 326B – (Cont’d)

In section 4

Column 2

Amendments

in subsection (1), delete paragraph (c) and substitute the following:

“(c) discharge the functions with which it is charged under the Electricity Supply Act, 2024 (Act 2024-26).”;

in subsection (4A), delete paragraph (c) and substitute the following:

“(c) a licensee under the Telecommunications Act, Cap. 282B or the Electricity Supply Act, 2024 (Act 2024-26).”;

in subsection (5), delete paragraph (d) and substitute the following:

“(d) in the Electricity Supply Act, 2024, (Act 2024-26).”; and

in subsection (6), delete the words “the Electric Light and Power Act, 2013, Act 2013-21” and substitute the words “the Electricity Supply Act, 2024 (Act 2024-26)”.

Fourth Schedule – (Concl’d)

CONSEQUENTIAL AMENDMENTS – (Concl’d)

Column 1

Enactments

2. Fair Trading Commission Act, Cap. 326B – (Concl’d)

Column 2

Amendments

In section 5(1), delete the words “the Electric Light and Power Act, 2013, Act 2013-21” and substitute the words “the Electricity Supply Act, 2024 (Act 2024-26)”.
In section 6(3)(a), delete subparagraph (iii) and substitute the following:

“(iii) such provisions of the Electricity Supply Act, 2024, (Act 2024-26) as relate to the functions of the Commission; and”.

Read three times and passed the House of Assembly this day of , 2024.

Speaker

Read three times and passed the Senate this day of

, 2024.

President

1st October, 2024

2024-26

ELECTRICITY SUPPLY ACT, 2024-26

Short title
Interpretation
Objectives of Act
Act to bind State

System planning

Arrangement of Sections

PART I

PRELIMINARY

PART II

ADMINISTRATION

Targets for supply of electricity from sources of renewable energy
New generation and storage capacity
Advisory Committee

PART III

LICENSING AND REGISTRATION

Restrictions on certain electricity services without licence

2 ELECTRICITY SUPPLY ACT, 2024-26

Application for licence
Issue of licence
Terms and conditions of licence
Local participation and investment
Renewal of licence
Modification of licence
Suspension and revocation of licence
Licensee to notify of changes
Assignment of licence
State’s right to step-in
Registration of generation systems and storage systems

PART IV

INTERCONNECTION AND SALE OF ELECTRICITY TO PUBLIC UTILITY

Interconnection
Agreement on purchase of electricity by Public Utility
Public Utility not to unreasonably refuse agreement

ELECTRICITY SUPPLY ACT, 2024-26 3

PART V

DUTIES OF PARTICIPANTS IN THE ELECTRICITY SYSTEM

Public Utility obliged to provide service
Other participants to develop reliable and safe generation and storage systems
Public Utility to implement integrated resources and resilience, and grid modernization plans
Public Utility to keep separate accounts
Public Utility to report on activities
System Operator’s functions
System Operator’s departure from merit order
System Operator to plan for major system failure
Audit of System Operator’s activities
Licensees to cooperate and comply with System Operator’s directions
Where Public Utility is System Operator

PART VI

POWERS, OBLIGATIONS AND RESTRICTIONS IN RESPECT OF ELECTRICITY SUPPLY

Power to break up streets etc.
Power to alter positions of pipes and wires

4 ELECTRICITY SUPPLY ACT, 2024-26

Restrictions on works above ground
Restrictions on placement of electric lines etc.
Restrictions on use of electric lines
Service of section 37 or 38 notice
Penalty for failure to comply with section 37 or 38 notice
Protection of property of State, licensees and service providers
Use of electricity
Power of entry, inspection etc.
Discontinuation of electricity supply
Electric lines not subject to distress in certain cases
Damaging work with intent to cut off supply
Unlawful abstraction or use of electricity

PART VII

CODES

Codes
Compliance with Codes
Chief Electrical Officer to verify technical compliance with Codes

ELECTRICITY SUPPLY ACT, 2024-26 5

PART VIII

ELECTRICITY SYSTEM BENEFIT FUND

Establishment of Fund
Application of Fund’s resources
Administration of Fund

ELECTRICAL INSPECTORS

Appointment of electrical inspectors
Testing and inspection in relation to a public utility or an independent power producer
Testing and inspection as required by a consumer
Report of an electrical inspector
Fees and expenses of an electrical inspector
Obstruction

6 ELECTRICITY SUPPLY ACT, 2024-26

PART XI

ELECTRICITY APPEALS TRIBUNAL

Electricity Appeals Tribunal
Appeals to Tribunal
Appeal to High Court

PART XII

RENEWABLE ENERGY PROCUREMENT COMMITTEE

Renewable Energy Procurement Committee

PART XIII

MISCELLANEOUS

Non-power attributes and renewable energy certificates
Disaggregation of rates and tariffs
Confidential information
Administrative penalties for certain contraventions
Section 22 of Cap. 282 not to apply to certain licensees
Physical development plan to be considered
Affiliate transaction rules
Guidelines
Regulations

ELECTRICITY SUPPLY ACT, 2024-26 7

Amendment of Schedules
Consequential amendments
Repeal of Act 2013-21 and transitional provision
Commencement

FIRST SCHEDULE ELECTRICITY ADVISORY COMMITTEE

SECOND SCHEDULE CAPACITY THRESHOLDS

THIRD SCHEDULE ELECTRICITY APPEALS TRIBUNAL

FOURTH SCHEDULE CONSEQUENTIAL AMENDMENTS

ELECTRICITY SUPPLY ACT, 2024-26 9

BARBADOS

I assent

S. MASON

President of Barbados 1st October, 2024.

2024-26

An Act to regulate the generation, storage, transmission, distribution, dispatch, supply and sale of electricity.

[Commencement: by Proclamation]

ENACTED by the Parliament of Barbados as follows:

10 ELECTRICITY SUPPLY ACT, 2024-26

PART I PRELIMINARY

Short title 1.

This Act may be cited as the Electricity Supply Act, 2024.

Interpretation

In this Act,

“affiliate”, in relation to a body corporate, has the meaning assigned to it by section 440 of the Companies Act, Cap. 308;

“business day” means a day other than a Saturday, Sunday or public holiday; “Chief Technical Officer” means a person appointed to the post of Chief

Technical Officer in the Ministry responsible for Works, as established in

the Public Service General Order, 2020 (S.I. 2020 No. 41); “Codes” means the codes issued pursuant to section 49;

“Commission” means the Fair Trading Commission established by section 3 of the Fair Trading Commission Act, Cap. 326B;

“Committee” means the Electricity Advisory Committee established by section 7;

“control”, in relation to a body corporate, has the meaning assigned to it by section 441 of the Companies Act, Cap. 308;

“cumulative installed capacity”, in relation to more than one generation system, means the sum of the installed capacity of the systems;

“Decommissioning Fund” means the fund established by section 56; “decommissioning operations” means the activities involved in the execution of

a decommissioning plan;

ELECTRICITY SUPPLY ACT, 2024-26 11

“decommissioning plan” means a plan which specifies the manner in which a licensee intends to decommission a facility for the generation, transmission, distribution or storage of electricity;

“dispatch code” means rules to govern dispatch;

“distribution” means the transport of electricity by means of a distribution system;

“distribution system” means a system which

consists, wholly or mainly, of low voltage electric lines; and
- is used primarily for conveying electricity from a substation to a consumer;

“electricity system” means the system for the generation, storage, transmission, distribution and dispatch of electricity for use by the public, and includes the public grid;

“energy efficiency” includes

the use of less electricity to accomplish the same task or satisfy the same need through a change of technology or patterns of usage;
the utilization or management of a grid in a more cost-effective manner; and
a reduction in the amount of electricity required to be supplied to customers;

12 ELECTRICITY SUPPLY ACT, 2024-26

“Fund” means the Electricity System Benefit Fund established by section 52; “generation” means the production of electricity by means of a generation

system;

“generation system” means a system that includes one or more generation sets;

“installed capacity” means the sum of the maximum rated electricity output of each generation in a generation system, as determined by the manufacturer of the generator;

“interconnection” means the connection of an electric line between a generation system or an energy storage system of a registrant or a licensee and a transmission system or distribution system;

“licence” means a licence issued under this Act; “licensee” means a person who holds a licence;

“merit order” means the sequence in which generation and storage systems are designated to deliver electricity, with the aim of economically optimizing the supply of electricity;

“microgrid” means a system, other than the public grid, for the generation, distribution and supply of electricity, whether connected to the public grid or islanded;

ELECTRICITY SUPPLY ACT, 2024-26 13

“Minister” means the Minister responsible for Energy;

“public grid” means the physically connected generation, transmission and distribution systems used for the supply of electricity to the public;

“Public Utility” means the person who owns, controls or operates the public grid; “registrant” means a person, other than a licensee, registered pursuant to section

20;

“renewable energy source” means an energy source that is not depleted when exploited;

“service provider” has the meaning assigned to it by section 2 of the Fair Trading Commission Act, Cap. 326B;

“smart technology” means a technology which includes two-way digital communication between the supplier of electricity and a consumer, intelligent metering and a monitoring system;

“store” means to operate an energy storage system ;

“supply” means the provision of electricity to consumers, the Public Utility, an operator of a microgrid or any other person;

“System Operator”means a person who holds a dispatch licence; “telecommunications” has the meaning assigned to it by section 2 of the

Telecommunications Act, Cap. 282B;

14 ELECTRICITY SUPPLY ACT, 2024-26

“telecommunications network” has the meaning assigned to it by section 2 of the

Telecommunications Act, Cap. 282B;

“telecommunications service” has the meaning assigned to it by section 2 of the

Telecommunications Act, Cap. 282B;

“transmission” means the transport of electricity by means of a transmission system;

“Tribunal” means the Electricity Appeals Tribunal established by section 63; “works” includes electric lines and any buildings, machinery, engines, equipment

and other things required to generate, store, transmit and distribute or

otherwise supply electricity.

Objectives of Act

(a)

(b)

(c)

(d)

(e)

The objectives of this Act are to

provide for a modern system of regulation of the generation, storage, transmission, distribution, supply, dispatch and sale of electricity;

promote energy security, energy efficiency and the use of renewable energy sources;

promote transparency in the identification and allocation of costs and revenues within the electricity sector;

ensure that the regulation of the electricity sector is transparent and predictable; and

ELECTRICITY SUPPLY ACT, 2024-26 15

(f) ensure the protection and safety of consumers of electricity and the public.

Act to bind State

This Act binds the State.

PART II ADMINISTRATION

System planning

5.(1) The Minister shall direct the planning, development and monitoring

of the electricity system and, for that purpose, shall require the Public Utility to

develop integrated resources and resilience, and grid modernization plans for the system after consultation with the Commission, the Chief Electrical Officer and the System Operator;
- consult with the Commission, the Chief Electrical Officer, the System Operator and other stakeholders within the electricity sector on matters concerning the system; and
- conduct system forecasting as directed by the Minister.
The Minister shall require the Public Utility, for the purposes of developing

the plans referred to in subsection (1)(a), to consider

the disaggregation of the public grid into a series of microgrids capable of operating in island mode;
- the development and deployment of smart grid infrastructure;
- the underground placement of electric lines;
- the deployment of utility storage facilities at diverse points along the transmission and distribution system;

16 ELECTRICITY SUPPLY ACT, 2024-26

the adoption of a policy on a non-wires solution with respect to upgrades to the transmission and distribution system; and
- any other measures deemed necessary for ensuring the resiliency of the electricity system in relation to climatic and other events.
The Minister shall, for the purposes of directing the planning, development

and monitoring of the electricity system pursuant to subsection (1), collect technical, financial and other relevant data from licensees and registrants.

Targets for supply of electricity from sources of renewable energy

6.(1)

(a)

(b)

(c)

(d)

(e)

The Minister may, by Order, after consultation with the Commission;

the Chief Electrical Officer; the Public Utility;

the System Operator; and

such other persons as the Minister may deem appropriate,

prescribe the minimum and maximum amounts of electricity that shall be permitted by the Public Utility to be supplied to the public grid.

Without prejudice to subsection (1), minimum and maximum amounts may

be prescribed for electricity generated

from different renewable energy sources; and
- on different types of premises, whether domestic, commercial or otherwise.

New generation and storage capacity

Without prejudice to Part III, where the Minister determines that it is

in the public interest to do so, the Minister may facilitate the provision of new generation and storage capacity at utility scale, for the supply of electricity to the

ELECTRICITY SUPPLY ACT, 2024-26 17

public grid, through negotiations with an independent power producer or competitive bidding in accordance with the competitive bidding framework.

Advisory Committee

8.(1) There is hereby established a committee to be known as the

“Electricity Advisory Committee”.

The First Schedule applies to the constitution of the Committee and

otherwise in relation thereto.

The functions of the Committee are to
- consider and make recommendations to the Minister in respect of applications for the issue or renewal of licences or for approval of assignments of licences or of rights thereunder;
- advise the Minister on any other matter relevant to the administration of this Act.
- Prior to advising the Minister on any matter or considering and making

recommendations to the Minister on any matter, the Committee may consult with any person whom it deems expert or experienced in the matters provided for in this Act.

A member of the Committee shall be paid such remuneration as the

Minister determines.

18 ELECTRICITY SUPPLY ACT, 2024-26

PART III

LICENSING AND REGISTRATION

Restrictions on certain electricity services without licence

9.(1) Subject to subsection (2), no person shall, except in accordance with

a licence issued to the person,

engage, in connection with the supply of electricity to another, in any of the following activities:
- generation;
- storage;
- transmission;
- distribution;
- dispatch;
- sales;
- development of a microgrid; or
- energy efficiency and demand side management, on a commercial basis; or
erect, maintain or have an electric line or other works over, along, across or under any street, road, bridge or pavement.
Subsection (1)(a) does not apply to
- a person who generates electricity on premises that are primarily residential and supplies the electricity to the Public Utility, where the installed capacity of the generation system installed on the premises does not exceed the amount set out in paragraph 1 of the Second Schedule, whether or not the person stores some or all of the generated electricity;

ELECTRICITY SUPPLY ACT, 2024-26 19

a person, other than a person described in paragraph (a), who generates electricity and supplies the electricity to the Public Utility, where the cumulative installed capacity of the generation systems owned, controlled or operated by the person for the supply of electricity does not exceed the amount set out in paragraph 2 of the Second Schedule, whether or not the person stores some or all of the generated electricity;
- the Public Utility, where it develops a microgrid along the transmission and distribution systems for the purpose of modernizing or enhancing the resilience of the public grid; and
- such other persons as the Minister may prescribe by Order.
A person who contravenes subsection (1) is guilty of an offence and is

liable, on summary conviction, to a fine of $100 000 or to imprisonment for 2 years or to both.

Application for licence

10.(1) A person may apply to the Minister for a licence in such form as the

Minister may require.

An applicant shall submit with his application
- such information as the Minister may require to determine whether a licence should be issued to the applicant;
- the prescribed fee; and
- where he intends to operate a generation system or storage system with an installed capacity that exceeds the amount set out in paragraph 3 of the Second Schedule, a decommissioning plan which provides for
  - the dismantling, demolition and removal of the asset to be decommissioned;
  - the disposal of hazardous waste; and

20 ELECTRICITY SUPPLY ACT, 2024-26

the restoration of the premises at which the system is installed to an acceptable condition.
The Minister shall, in determining whether to issue a licence to an

applicant, take into account, where relevant

the objects of this Act;
- the national energy policy;
- the current and projected demand for electricity based on the most recent integrated resources and resilience, and grid modernization plans;
- the cumulative installed capacity of the electricity system; and
- whether the applicant proposes to introduce commercially and economically viable new and innovative renewable energy or storage technology into the electricity system.

Issue of licence

11.(1) The Minister may, upon payment of the prescribed fee, issue a licence

to an applicant where the Minister is satisfied that

the facility and location intended to be used pursuant to the licence are safe and adequate for the purpose;
the applicant
- possesses the financial capacity and viability to build and maintain the facility;
- has the technical capability to operate the facility safely, reliably and efficiently; and
- meets such other requirements for the issue of a licence as may be prescribed;
any planning permission required under the Planning and Development Act, 2019 (Act 2019-5) has been obtained; and

ELECTRICITY SUPPLY ACT, 2024-26 21

the issue of a licence to the applicant would not result in the cumulative installed capacity of the renewable energy generation systems connected to the public grid being in excess of such amount as the Minister may prescribe by Order.
Notwithstanding subsection (1), the Minister may refuse to issue a licence

where the Minister is satisfied that

the amount of electricity to be supplied pursuant to the licence would exceed the cumulative installed capacity connected to the public grid; or
- the issue of the licence is not in the public interest.
The Minister shall
- notify an applicant in writing as soon as practicable of his intention to refuse to issue a licence and of the reasons for his decision; and
- provide the applicant with an opportunity to make submissions, within 30 days of receipt of the notice, as to why the issue of a licence should not be refused.
The Minister shall, within 14 business days of receipt of any submissions

made by an applicant pursuant to subsection (3)(b)

consider the submissions; and
- notify the applicant in writing of his decision with respect to the issue of a licence.

Terms and conditions of licence

12.(1) A licence or licences with respect to transmission, distribution, sales

and dispatch may be issued to the public utility for such period, being not less than 25 years, upon such terms and conditions as the Minister considers appropriate for the purposes of this Act.

22 ELECTRICITY SUPPLY ACT, 2024-26

Without prejudice to the generality of subsection (1),
- it is a condition of every licence that the licensee
  - pay the prescribed annual fee;
  - observe such of the Codes as apply to the operations of the licensee;
  - provide the Minister with such information as the Minister may require for the purposes of this Act;
  - comply with good industry practice; and
  - refrain from acting in a manner, that will adversely affect, directly or indirectly, the security and stability of the electricity system, or the safety of the public; and
- the Minister may
  - include in a licence, a condition requiring a licensee to comply with such other obligation, whether or not relating to the activities authorized by the licence, as appears to the Minister to be necessary or expedient for the purposes of this Act; and
  - provide for a condition in a licence to cease to have effect at such time and in such circumstances as the Minister considers appropriate.
All licences granted under this Act shall be non-exclusive.

Local participation and investment

The Minister shall take such measures, as may be prescribed by

regulations, to promote local participation and investment in the electricity market, including the preparation of a local content plan.

ELECTRICITY SUPPLY ACT, 2024-26 23

Renewal of licence

14.(1) A licence may be renewed, upon payment of the prescribed fee, for

such period as the Minister considers appropriate.

The Minister may refuse to renew a licence where the licensee is or has

engaged in conduct that materially contravenes the Codes, this Act or any regulations made under this Act.

The Minister shall
- notify a licensee in writing as soon as practicable of his intention not to renew the licence and of the reasons for his decision; and
- provide the licensee with an opportunity to make submissions, within 30 days of receipt of the notice, as to why renewal of the licence should not be refused.
The Minister shall, within 7 days of receipt of any submissions made by a

licensee pursuant to subsection (3)(b),

consider the submissions; and
- notify the licensee in writing of his decision with respect to renewal of the licence.

Modification of licence

15.(1) The Minister may, on his own motion or on the application of a

licensee, modify a licence with the consent of the licensee.

Notwithstanding subsection (1), the Minister may modify a licence without

the consent of the licensee where the Minister is satisfied that the modification is necessary in the public interest.

24 ELECTRICITY SUPPLY ACT, 2024-26

Where the Minister intends to modify a licence pursuant to subsection (2),

the Minister shall

notify the licensee and any other party who may be affected by the modification in writing of his intention as soon as practicable; and
- provide the licensee and the other party with an opportunity to make submissions, within 30 days of receipt of the notice, as to why the licence should not be modified.
The Minister shall, within 7 days of receipt of any submissions made by a

licensee or another party pursuant to subsection (3)(b),

consider the submissions; and
- notify in writing the licensee and the other party of his decision with respect to the modification.

Suspension and revocation of licence

16.(1)

The Minister may suspend or revoke a licence where the licensee

engages in conduct that materially contravenes the Codes, this Act or any regulations made under this Act;
fails to observe a term or condition of the licence; or
fails to pay a prescribed fee; or
the suspension or revocation is necessary in the interest of national security or otherwise in the public interest.

(2)

shall

Where the Minister intends to suspend or revoke a licence, the Minister

notify the licensee in writing, at least 60 days prior to the suspension or revocation, of
- his intention;

ELECTRICITY SUPPLY ACT, 2024-26 25

the grounds on which he proposes to suspend or revoke the licence; and
- the date of the proposed suspension or revocation; and
provide the licensee with an opportunity to
- make submissions, within 30 days of receipt of the notice or such longer period as the Minister may specify, in respect of the grounds and generally as to why the licence should not be suspended or revoked; and
- remedy any matter described in subsection (1)(a), where applicable.
The Minister shall, within 7 days of receipt of any submissions made by a

licensee pursuant to subsection (2)(b), including in relation to any remedial action taken by the licensee

consider the submissions made or remedial action taken; and
- notify the licensee in writing of his decision with respect to the suspension or revocation of the licence.
The suspension or revocation of a licence shall take effect on the date

specified pursuant to subsection (2)(a)(iii) or such other date as the Minister may specify.

Licensee to notify of changes

17.

(a)

(b)

A licensee shall notify the Minister within 10 business days where control of the licensee is transferred; or

there is a material change in the circumstances of the licensee that impacts upon the ability of the licensee to conduct operations under his licence.

26 ELECTRICITY SUPPLY ACT, 2024-26

Assignment of licence

18.(1) A licensee who desires to assign, transfer, sell or otherwise convey

his licence or any rights under his licence shall apply to the Minister for approval.

A licensee shall submit with his application for approval pursuant to

subsection (1)

particulars of the assets and of the controlling interest or share holding to be assigned;
- evidence establishing that the assignee is a fit and proper person to hold a licence; and
- such other information as the Minister may require to determine whether to approve the assignment.
The Minister may grant approval for an assignment of a licence or any

rights under a licence where the Minister is satisfied that the proposed assignee is legally, technically and financially qualified to undertake the obligations imposed by this Act and the licence.

Notwithstanding subsection (1), where it is proposed to assign a licence or

any rights under a licence to a person other than an affiliate of the licensee, the State shall have the right of first refusal, subject to any preexisting liens.

An assignment pursuant to subsection (1) shall be deemed to be a licence

issued under this Act.

A licensee shall not, by virtue of an assignment pursuant to subsection (1),

be relieved of any obligations and liabilities which the licensee incurred prior to the assignment.

Where a dispute arises under this section, the dispute shall be referred to

and determined by the Tribunal.

ELECTRICITY SUPPLY ACT, 2024-26 27

void.

A purported assignment of a licence in contravention of subsection (1) is A licensee who assigns his licence or any rights under his licence without

the approval of the Minister is guilty of an offence and is liable, on summary

conviction, to a fine of $100 000.

State’s right to step-in

19.(1) Where the Public Utility, the System Operator or an independent

The State may assign the right specified in subsection (1) to another person

who is qualified to perform the obligation or continue the operations.

The Minister may include in a licence such terms and conditions as may

be appropriate for the purposes of subsections (1) and (2).

The State shall not exercise the right to step-in pursuant to subsection (1)

or assign the right pursuant to subsection (2) without providing the licensee with an opportunity to make submissions as to why the State should not exercise or assign the right.

Registration of generation systems and storage systems

20.(1) The Minister shall cause to be maintained a register that contains the

following information:

the name and address of every person who owns, controls or operates a generation system or storage system, whether the system is
- connected to the public grid or islanded; or
- installed pursuant to a licence or otherwise;

28 ELECTRICITY SUPPLY ACT, 2024-26

the location of the premises at which the system is installed and the type of premises;
- the type of system, including the energy source utilized by the system, and its installed capacity;
- a copy of every licence issued or deemed to be issued and any modification, if any, made to the licence; and
- such other information as the Minister considers appropriate for the purposes of this Act.
A person who owns, controls or operates a generation system or storage

system but does not require a licence under this Act shall furnish to the Minister such information as the Minister may require for the purpose of subsection (1).

A person who contravenes subsection (2) is liable to pay the administrative

penalty set out in section 70.

A member of the public may, upon payment of the prescribed fee, inspect,

and obtain copies of information from the register.

PART IV

INTERCONNECTION AND SALE OF ELECTRICITY TO PUBLIC UTILITY

Interconnection

21.(1) The Public Utility shall, in accordance with subsection (2), make

interconnection services available to

another licensee; or
- a registrant,

at the request of the licensee or registrant.

ELECTRICITY SUPPLY ACT, 2024-26 29

Interconnection services referred to in subsection (1) shall be
- offered at points along the public grid subject to
  - the approval of the Chief Electrical Officer;
  - such agreement between the parties as may be approved by the Commission for the purpose; and
  - the payment of such interconnection costs as may be specified by the Public Utility and approved by the Commission;
- made available
  - on such terms and conditions as may be approved by the Minister, after consultation with the Commission and the Chief Electrical Officer, as reasonable, transparent and non-discriminatory; and
  - within such period as may be specified by the Minister.
The terms and conditions of an agreement on interconnection may include

the following:

a description of the interconnection services to be provided;
- the location of points of interconnection;
- the technical requirements for interconnection;
- the processes for the testing and establishment of interconnection;
- the charges for interconnection;
- the duration of the agreement;
- provision on
  - the maintenance and quality of interconnection services;
  - access to ancillary services;
  - traffic forecasting and network management;
  - limitation of liability and indemnity; and

30 ELECTRICITY SUPPLY ACT, 2024-26

confidentiality in relation to certain aspects of the agreement;

the procedure to be followed where alterations to the system or the services offered are proposed; and

dispute resolution procedures.

The Public Utility may refuse interconnection services for technical

reasons but shall not impose on another licensee or a registrant, for the purpose of interconnection, a technical requirement that is

unnecessary or onerous in the context of the safety, stability and reliability of the public grid; or
- inconsistent with the licence or conditions of registration of the person.
Where the Public Utility refuses to provide interconnection services to

another licensee or a registrant, the Public Utility shall, within 7 days of the refusal

provide the licensee or registrant with written reasons for the refusal; and
- supply a copy of the reasons to the Minister and the Commission.
Where the Minister is notified of a dispute regarding a technical

requirement for the purpose of interconnection, the Minister shall, after

providing the Public Utility and the licensee or registrant with an opportunity to make submissions on the matter; and
- consulting with the Chief Electrical Officer and a professional engineer,

determine whether the technical requirement meets the criteria set out in subsection (4)(a) or (b).

ELECTRICITY SUPPLY ACT, 2024-26 31

Agreement on purchase of electricity by Public Utility

22.(1) The Public Utility shall purchase electricity from another licensee or

a registrant at such rate and on such other terms and conditions as may be approved by the Commission.

Where a licensee is an independent power producer, the Minister shall,

Where the Public Utility and the independent power producer fail to arrive

at an agreement within the time frame established pursuant to subsection (2), the Commission shall specify the terms and conditions of the agreement.

Public Utility not to unreasonably refuse agreement

23. The Public Utility shall not unreasonably refuse to enter into an

agreement with a licensee or a registrant.

PART V

DUTIES OF PARTICIPANTS IN THE ELECTRICITY SYSTEM

Public Utility obliged to provide service

24.(1) The Public Utility shall, in accordance with its licence, this Act and

(2) Where, at any time, the demand for electricity from the public grid exceeds

the amount of electricity available for supply, the Public Utility shall provide electricity to meet the excess demand.

32 ELECTRICITY SUPPLY ACT, 2024-26

Other participants to develop reliable and safe generation and storage systems

A person, other than the Public Utility, involved in the generation or

Public Utility to implement integrated resources and resilience, and grid modernization plans

The Public Utility shall, with the approval of the Minister, implement

the integrated resources and resilience, and grid modernization plans developed pursuant to section 5.

Public Utility to keep separate accounts

27.(1) The Public Utility shall keep the accounts for its generation,

transmission, distribution and supply activities separate and distinct from each other and also from the accounts it keeps in respect of any other part of its undertaking or business.

(2) The Public Utility may engage in any other business in addition to the

activities it conducts pursuant to its licence but no revenue, costs, profits or losses resulting therefrom shall be taken into account in the fixing of rates by the Commission.

Public Utility to report on activities

28.(1) The Public Utility shall furnish annually to the Minister and the

ELECTRICITY SUPPLY ACT, 2024-26 33

System Operator’s functions

29.(1)

(a)

(b)

The System Operator shall

conduct dispatch in accordance with the dispatch code; establish such technical arrangements as may be necessary to

enable the Minister and the Commission effectively to monitor dispatch to determine whether the System Operator is in compliance with such merit order as may be determined in accordance with the Codes; and
provide the Minister, the Commission, the Public Utility and independent power producers with access to real time information concerning dispatch; and

(c) ensure that any information that is sensitive or confidential relating to an independent power producer is not disclosed to any person unless disclosure is required pursuant to

an order of the court;
the provisions of an enactment; or
the obligations imposed by an international agreement to which Barbados is a party.
For the purposes of subsection (1)(c) “sensitive or confidential” means an

any information that relates to the trade or marketing secrets of an independent power producer.

System Operator’s departure from merit order

30.(1)

(a)

Subject to subsection (3), where the Minister and the Commission

are satisfied that the System Operator has dispatched generation or storage capacity to the electricity system in a manner that does not comply with the merit order; and

34 ELECTRICITY SUPPLY ACT, 2024-26

(b) determine that the System Operator should compensate consumers of electricity for such dispatch,

the Minister and the Commission may make a claim for compensation on behalf of consumers.

A claim under subsection (1) shall be
- delivered in writing to the System Operator within 3 months from the date on which the information on which the claim is based was provided by the System Operator to the Minister; and
- supported by evidence.
Notwithstanding subsection (1), the obligation to compensate consumers

Any compensation provided to consumers pursuant to subsection (1) shall

be absorbed by the System Operator and shall not be passed on to or otherwise recovered from consumers.

The Commission, in consultation with the Minister, shall determine the

quantum of compensation to be paid by a Systems Operator as a refund to a ratepayer.

System Operator to plan for major system failure

31.(1) The System Operator shall develop and maintain a plan for restoring

the electricity system to normal operating levels in the event of a major system failure.

Where there is a major system failure, the System Operator shall as soon

as practicable

inform the Minister and the Commission of the status of the electricity system;

ELECTRICITY SUPPLY ACT, 2024-26 35

seek to have the system restored to normal operating levels taking into account safety, environmental impact, reliability and economy; and
- coordinate the bringing back online of any apparatus forming part of the system that may have ceased to be available to the system,

and shall provide regular status updates to the Minister and the Commission until the electricity system is restored to normal operating levels.

The System Operator shall
- conduct an investigation into the causes of a major system failure utilizing an appropriate root cause analysis technique; and
- submit to the Minister and the Commission, within 30 days of the system being restored to normal operating levels, a report on the matter which shall include
  - its findings on the cause of the failure;
  - an assessment of the cost associated with the failure;
  - the measures taken to restore the system;
  - the measures to be taken to avoid a recurrence of the failure; and
  - the measures taken to communicate effectively with the public regarding the failure and restoration of the system.
For the purposes of this section, “major system failure” means a system

failure that

has not been planned by the System Operator;
- affects at least 35 percent of the cumulative installed capacity on the public grid; and
- lasts at least 2 hours.

36 ELECTRICITY SUPPLY ACT, 2024-26

Audit of System Operator’s activities

32.(1) The Minister shall cause the dispatch activities and related operations

of the System Operator to be independently audited annually.

(2) The System Operator shall facilitate the audit and provide such access to

information as the auditor may require to complete the audit within such period as may be specified by the Minister.

Licensees to cooperate and comply with System Operator’s directions

33.

(a)

(b)

A licensee shall

give such assistance and provide such information to the System Operator as may be necessary to enable the System Operator to prepare the dispatch code pursuant to section 49; and

comply with any direction of the System Operator relating to dispatch or any other activity related to the functions of the System Operator.

Where Public Utility is System Operator

34.(1) Where the Public Utility is the System Operator, the Public Utility

shall, in accordance with this section, separate its dispatch activities from its other activities including those relating to generation, storage, transmission, distribution and sale of electricity.

In furtherance of the separation referred to in subsection (1)
- the Public Utility shall establish a discrete department for dispatch, the head of which department shall report directly to the Public Utility’s board of directors;
- the Public Utility shall keep its accounts and records in relation to dispatch separate from other accounts and records; and

ELECTRICITY SUPPLY ACT, 2024-26 37

the Minister may, require the Public Utility to make such additional arrangements as the Minister considers appropriate to establish further the separation.

PART VI

POWERS, OBLIGATIONS AND RESTRICTIONS IN RESPECT OF ELECTRICITY SUPPLY

Power to break up streets etc.

35.(1)

(a)

(b)

Subsections (2) to (9) apply to the Public Utility; and

any other licensee, as the Minister determines.

Subject to subsections (3) and (4) and to the terms and conditions of his

licence, a licensee may, for the purpose of supplying electricity or for any matter related to such purpose

open and break up any street, road, bridge or pavement;
- open and break up any sewer, drain or tunnel within, under or along any street, road, bridge or pavement;
- lay down pipes, conduits, machinery and other apparatus; and
- do such other things as the licensee considers necessary or expedient in connection with paragraphs (a) to (c).
A licensee shall not undertake an activity referred to in subsection (2)

unless the licensee

gives to the Chief Technical Officer, 21 days’ written notice of his intention to undertake the activity; and
- obtains the consent of the Chief Technical Officer for the activity.

38 ELECTRICITY SUPPLY ACT, 2024-26

Where a licensee intends to undertake an activity referred to in subsection
, the licensee shall give to the owners or occupiers of the premises that are likely to be affected by the activity, 7 days’ written notice of his intention to undertake the activity.
Notwithstanding subsections (3) and (4), where an emergency arises, the

licensee may commence an activity referred to in subsection (2) without complying with subsections (3) and (4) but shall as soon as possible after

the necessity for the activity arises; or
- the activity begins,

notify the persons referred to in subsections (3) and (4) of the activity.

Where the owners or occupiers referred to in subsection (4) cannot be

A licensee shall
- fence any portion of any street, road, bridge or pavement that is broken up; and
- provide adequate warning devices to indicate the fact of disrepair.
A licensee shall, without unnecessary delay, restore to the satisfaction of

the Chief Technical Officer, any streets, roads, bridges, pavements, sewers and like structures that the licensee disturbs pursuant to subsection (2).

Where a licensee
- fails to fence or provide adequate warning devices; or
- delays in making restoration,

ELECTRICITY SUPPLY ACT, 2024-26 39

A person who, without reasonable excuse, hinders or obstructs an

employee or agent of a licensee in the conduct of an activity pursuant to this section is guilty of an offence and is liable, on summary conviction, to a fine of

$5 000 or to imprisonment for 12 months or both.

Nothing in this Act authorizes a licensee to carry out an activity referred

Power to alter positions of pipes and wires

36.(1)

(a)

(b)

Subsections (2) and (3) apply to the Public Utility; and

any other licensee, where the Minister so provides in his licence.

Subject to this Act, the Utilities Regulation Act, Cap. 282 and his licence,

a licensee may alter the position of any pipes or wires that

are under or upon any street or place that the licensee is authorized to break up; and
- may interfere with the exercise of the powers of the licensee under this Act.
A licensee shall
- prior to altering the position of any pipes or wires, make or secure such compensation to the owner of the pipes or wires; and
- comply with such conditions as to the mode of making the alterations referred to in paragraph (a),

40 ELECTRICITY SUPPLY ACT, 2024-26

as may, prior to the commencement of the alterations, be agreed upon by the licensee and the owner of the pipes or wires.

Any dispute with respect to the compensation or conditions referred to in

subsection (3) shall be referred to the Commission for determination.

Any other person may, in the same manner as that provided for a licensee

in subsections (2) and (3), alter the position of any pipes or wires of a licensee that

are under or upon any street or place that the person is authorized to break up; and
- may interfere with the lawful exercise of any power vested in the person.

Restrictions on works above ground

37.(1) Notwithstanding anything in this Act, a licensee shall not, without the

consent of the Chief Technical Officer, place an electric line above ground and along, over or across a street.

(2)

may

Where a licensee contravenes subsection (1), the Chief Technical Officer

require the licensee forthwith to remove the electric line placed contrary to that subsection; or
remove the electric line and recover from the licensee, the expense of such removal.
A licensee who fails to comply with the directions of the Chief Technical

Officer given under subsection (2)(a) commits an offence and is liable on summary conviction to imprisonment for one year or to a fine of $5 000 or to both.

Where a licensee places an electric line above ground in any position, a

magistrate may, on the application of the Chief Technical Officer, where the magistrate is satisfied that the line is, or is likely to become, dangerous to the

ELECTRICITY SUPPLY ACT, 2024-26 41

public, order the removal of the line by such person and upon such terms as the magistrate thinks fit.

Restrictions on placement of electric lines etc.

38.(1)

(a)

(b)

Where

an electric line or other work laid down or erected as described in paragraph (a) is used for the purpose of supplying electricity otherwise than in pursuance of a licence,

Where a person fails to comply with the conditions or measures referred

to in subsection (1), the Chief Electrical Officer may require the person to remove the electric line or work.

Subsection (1) does not apply to an electric line or other work laid down

or erected by an owner or occupier of premises in order for electricity generated upon the premises to be supplied to another part of the premises.

Restrictions on use of electric lines

39.(1) Where an electric line or other work is used for the supply of electricity

42 ELECTRICITY SUPPLY ACT, 2024-26

or work, require that the supply be continued only in accordance with such conditions and measures for the protection of the network and service as the Minister may determine.

Where a person fails to comply with the conditions or measures referred

to in subsection (1), the Chief Technical Officer may require the supply of electricity through the electric line or other work to be discontinued forthwith.

Subsection (1) does not apply to an electric line or other work laid down

or erected and used for the supply of electricity in accordance with a licence.

Service of section 37 or 38 notice

40.(1) A notice authorized to be served upon a person pursuant to section 38

or section 39 may be served

(a) personally; or

(b) by

courier service;
- post;
- facsimile;
- electronic mail; or
- such other method as may be prescribed by the Minister by Order.

(2) A notice served by post shall be deemed to have been served at the time

Penalty for failure to comply with section 37 or 38 notice

41.(1) A person who, without reasonable excuse, fails to comply with the

requirements of a notice served upon him pursuant to section 38 or section 39 is guilty of an offence and is liable, on summary conviction, to a fine of $10 000.

ELECTRICITY SUPPLY ACT, 2024-26 43

A magistrate may, in addition to any fine imposed pursuant to subsection
, order the removal of any electric line or other work specified in the notice, by such person and upon such terms as the magistrate thinks fit.

Protection of property of State, licensees and service providers

42.(1) A licensee shall not lay down an electric line or do any other work for

the supply or use of electricity whereby the telecommunications network or the pipes or other works of the State or of other licensees or service providers are or may be adversely affected.

Before an electric line is laid down or any work is done within 9 feet of

The licensee shall comply with any reasonable requirements, whether

Any dispute with respect to a requirement referred to in subsection (3),

between the licensee and the Minister or the other licensees or service providers, shall be referred to a judge in Chambers for determination.

A licensee who contravenes subsection (1), (2) or (3) is guilty of an offence

and is liable, on summary conviction, to a fine of $1 000 for every day during which the contravention continues or, where telecommunications or the supply

44 ELECTRICITY SUPPLY ACT, 2024-26

of water or gas is wilfully interrupted, $5 000 for every day on which such interruption continues.

It is a defence to a charge under subsection (5) for a person to prove that
- the immediate execution of the works was required to avoid an accident or was otherwise a work of emergency; and
- the person forthwith served on the Minister or on the other licensees or service providers affected, as the case may be, written notice of the execution thereof, stating the reason for executing the works without previous notice.
For the purposes of this section, the telecommunications network or the

Use of electricity

43.(1) Subject to section 45, a licensee shall not control or interfere with the

manner in which the electricity the licensee supplies is used.

No person shall
- use the electricity supplied to him for any purpose; or
- deal with the electricity in any manner,

so as to unduly or improperly interfere with the electricity supplied to another.

Any dispute arising out of subsection (1) or (2) between a licensee and a

person entitled to be supplied with electricity under this Act shall be referred to the Commission for determination.

ELECTRICITY SUPPLY ACT, 2024-26 45

Power of entry, inspection etc.

44.(1) The Public Utility may, at any reasonable time, enter any premises to

which the Public Utility supplies or has supplied electricity, to

inspect the electric lines, meters, capacitors, fittings, works and apparatus for the supply of electricity, belonging to the licensee;
- ascertain the quantity of electricity consumed or supplied; or
- remove any electric lines, meters, capacitors, fittings, works or apparatus belonging to the licensee, where a supply of electricity is no longer required or the licensee is authorized to discontinue the supply of electricity to the premises.
The Public Utility shall repair any damage caused by an entry, inspection

or the removal of anything which was done in accordance with subsection (1).

Discontinuation of electricity supply

Notwithstanding anything contained in the Utilities Regulation Act,

the charge or other sum, together with any expenses incurred by the licensee in so cutting off the supply of electricity, is fully paid; and
- all requirements for the safe restoration of an accurately metered supply of electricity are met.

Electric lines not subject to distress in certain cases

Electric lines, meters, capacitors, fittings, works or apparatus

belonging to a licensee and placed on premises not in the possession of the

46 ELECTRICITY SUPPLY ACT, 2024-26

Damaging work with intent to cut off supply

(a)

(b)

A person who, without lawful excuse

damages an electric line or other work with intent to cut off a supply of electricity; or

tampers with an electric line or other work and the tampering results in the disruption of service or the incorrect measurement or recording of the amount of electricity used, or impacts on safety,

is guilty of an offence and is liable, on summary conviction, to a fine of $50 000 or to imprisonment for 2 years or to both.

Unlawful abstraction or use of electricity

A person who unlawfully abstracts, uses or consumes, diverts or

causes to be diverted any electricity supplied by the Public Utility is guilty of an offence and is liable, on summary conviction, to a fine of $50 000 or to imprisonment for 2 years or to both.

PART VII CODES

Codes 49.(1)

(a)

(b)

Subject to the approval of the Minister the Public Utility shall issue a grid code;

the System Operator shall issue a dispatch code; and

ELECTRICITY SUPPLY ACT, 2024-26 47

(c) an operator of a microgrid shall issue a microgrid code,

within such period as may be specified by the Minister.

(2)

(1)

The Minister shall, before approving the issue of a code under subsection

consult with the Chief Electrical Officer and the Commission on the content of the code and any comments on it; and
make the code available for public comment.
The Minister may, within such period as the Minister considers

appropriate, require a person who issues a code to review and revise the code to take account of changes in the electricity system and sector.

Subsections (1) and (2) apply to the revision of a code as those sections

apply to the original code.

The Minister shall cause the Codes and any revision of the Codes to be

published in the Official Gazette.

Subsection (1)(c) does not apply to the Public Utility, where the Public

Utility operates a microgrid that is connected to the public grid.

Compliance with Codes

50. Any person to whom the Codes apply shall comply with the Codes.

Chief Electrical Officer to verify technical compliance with Codes

51.(1) Where the Chief Electrical Officer is satisfied that the electrical wiring

(2) The Public Utility or an operator of a microgrid shall not connect any

premises, facility or apparatus to the grid unless it has been certified by the Chief Electrical Officer as fit to be connected to the grid.

48 ELECTRICITY SUPPLY ACT, 2024-26

PART VIII

ELECTRICITY SYSTEM BENEFIT FUND

Establishment of Fund

52.(1)

Fund”.

There is established a fund to be called the “Electricity System Benefit

(2) There shall be paid into the Fund any moneys voted for the purpose by

Parliament or received from any other source for the purposes of the Fund.

Application of Fund’s resources

53.

(a)

(b)

(c)

(d)

(e)

The resources of the Fund shall be utilized

to promote energy efficiency, energy resiliency and energy security; to increase the penetration of renewable energy in the electricity sector;

to conduct research and development on the electricity system and the electricity sector;

to conduct technical studies for the prudent regulation of the electricity system; and

for such other purpose relating to the Electricity System as the Minister may by Order prescribe.

Administration of Fund

54.(1) The Fund shall be administered by the Accountant-General under the

control and direction of the Minister.

The Accountant-General may invest all moneys in the Fund which are not

immediately required in an interest-bearing account.

The Accountant-General shall
- maintain adequate financial and other records of the Fund;

ELECTRICITY SUPPLY ACT, 2024-26 49

prepare a statement of accounts on the Fund for each financial year; and
- cause an audit of the Fund to be conducted at least every 3 years,

and the cost of the audit shall be paid from the Fund.

PART IX DECOMMISSIONING

Decommissioning

55.(1) A licensee or registrant shall not decommission his generation system

or storage system or a part of his system without making a reasonable effort to mitigate the impact of the decommissioning on the environment in accordance with good industry practice.

Where the installed capacity of the generation system or storage system of

a licensee exceeds the amount set out in paragraph 3 of the Second Schedule and the licensee has submitted a decommissioning plan to the Minister pursuant to section 10(2)(c), the licensee

shall not decommission the system without the written approval of the Minister; and
- shall decommission the system in accordance with the plan.
A licensee shall
- revise his decommissioning plan every 3 years to take into account any changes in circumstances which, in accordance with good industry practice, require changes in the scope or cost or another attribute of the plan; and
- submit the revisions to the Minister.

50 ELECTRICITY SUPPLY ACT, 2024-26

Notwithstanding subsection (3), a licensee shall not, without the written

approval of the Minister, materially amend a decommissioning plan which has been previously approved by the Minister.

Decommissioning Fund

56.(1) There is established a fund to be called the “Decommissioning Fund”

to finance the decommissioning operations of licensees.

The Minister and each licensee shall agree on
- the amount of the contribution of the licensee to the Decommissioning Fund; and
- the manner in which and time at which the licensee shall submit his contribution to the fund.
The Accountant-General shall establish an interest-bearing escrow bank

account in a currency agreed upon by the Minister and the licensee for the purpose of depositing contributions to the Decommissioning Fund.

A licensee shall, in accordance with his agreement pursuant to subsection
, deposit contributions into the account and notify the Minister when a deposit is made.
A licensee shall provide the Minister with a guarantee in respect of any

shortfall which may accrue between his contribution to the Decommissioning Fund and the actual cost of his decommissioning operations.

The guarantee referred to in subsection (5) shall be in such form as the

Minister determines.

ELECTRICITY SUPPLY ACT, 2024-26 51

PART X ELECTRICAL INSPECTORS

Appointment of electrical inspectors

57.(1) There shall be appointed such number of electrical inspectors as are

necessary for the purposes of this Act.

The functions of an electrical inspector are:
- the inspection and testing, periodically and in special cases, of the electric lines of a public utility and an independent power producer and works and the supply of energy given by them;
- the certifying and examination of meters; and
- such other duties as may be require by him for the purpose of enforcing the provisions of this Act.

Testing and inspection in relation to a public utility or an independent power producer

58.(1) Where an electrical inspector intends to conduct testing on any main

of a public utility or an independent power producer, he shall give reasonable notice to that public utility or independent power producer.

A test conducted under subsection (1) shall be carried out at such suitable

An electrical inspector shall not be entitled to interfere with the mains of

a public utility or an independent power producer unless authorised to so by the Minister, in order to address an of emergency.

A public utility or an independent power producer shall not be held

responsible for any interruption in the supply of energy which may be occasioned

52 ELECTRICITY SUPPLY ACT, 2024-26

by or required by such inspector for the purpose of any testing referred to in subsection (1).

Testing pursuant to subsection (1) shall not be conducted more than once

in any 3 months unless authorised by the Minister to do so.

A public utility or an independent power producer shall set up and keep

A public utility or an independent power producer shall keep in efficient

An electrical inspector shall have the right of access at all reasonable hours

Where pursuant to a test conducted under subsection (8) the electric lines

A public utility or an independent power producer may, if they think fit,

ELECTRICITY SUPPLY ACT, 2024-26 53

A public utility or an independent power producer shall afford all facilities

for the proper execution of an inspection and testing and the readings and inspection of instruments and shall comply with all the requirements of this Act.

A public utility or an independent power producer that contravenes this

section shall be liable to pay an administrative penalty in accordance with section 70.

Testing and inspection as required by a consumer

An electrical inspector, if and when required to do so by any consumer,

Report of an electrical inspector

60.(1) An electrical inspector shall, within 28 days of the date of the conduct

of a testing, make and deliver a report of the results of his testing to the

Minister or the consumer as the case may be, by whom he was required to make such testing; and
- public utility or independent power producer,

and that report shall be receivable in evidence.

(2) Where a public utility or an independent power producer or a consumer,

is dissatisfied with any report of any electric inspector, they may appeal to the Tribunal.

Fees and expenses of an electrical inspector

61.(1) All fees and reasonable expenses of an electrical inspector shall, unless

agreed to, be ascertained by the Minister and shall be paid by a public utility or

54 ELECTRICITY SUPPLY ACT, 2024-26

an independent power producer, and may be recovered in a summary manner before a magistrate.

Where the report of an electrical inspector, shows that any consumer was

In any proceedings pursuant to this section, any fees and expenses incurred

in connection with such proceedings shall be payable by the complainant or defendant as the court may direct.

Obstruction

62.

(a)

(b)

(c)

Any person who

assaults or obstructs an inspector in the performance of his functions;

by the offer of any gratuity, bribe or other inducement prevents or attempts to prevent an inspector from performing his functions;

knowingly gives false information to an inspector in the performance of his functions or gives information that is likely to mislead an inspector in the performance of his functions

is guilty of an offence and liable on summary conviction to a fine of $5 000 or to imprisonment for a term of 2 years or to both.

PART XI ELECTRICITY APPEALS TRIBUNAL

Electricity Appeals Tribunal

63.(1)

Tribunal”.

There is established a tribunal to be called the “Electricity Appeals

ELECTRICITY SUPPLY ACT, 2024-26 55

The Third Schedule applies to the constitution of the Tribunal and

otherwise in relation to the Tribunal.

Subject to this Act, the Tribunal may regulate its own procedure and may

make rules for that purpose.

Appeals to Tribunal

64.(1) A person aggrieved by a decision of the Minister under this Act may,

within 14 days of notification of the decision and in such form and manner as the Tribunal may require, appeal to the Tribunal against the decision.

The filing of an appeal against a decision under subsection (1) does not

operate as a stay of the decision unless the Tribunal so determines.

The Tribunal may, upon an appeal against a decision, confirm, modify or

reverse the decision or any part of the decision.

Appeal to High Court

65. A party to an appeal determined by the Tribunal who is dissatisfied

with the determination may, within 30 days after the party is notified of the decision, appeal to the High Court.

PART XII

RENEWABLE ENERGY PROCUREMENT COMMITTEE

Renewable Energy Procurement Committee

66.(1) There is hereby established a Committee to be known as the

“Renewable Energy Procurement Committee” which shall be appointed by the Cabinet for the purpose of procuring generation and storage capacity in the renewable energy sector.

(2) The constitution of the Renewable Energy Procurement Committee shall

be prescribed by regulations made by the Cabinet.

56 ELECTRICITY SUPPLY ACT, 2024-26

The Renewable Energy Procurement Committee shall manage and

administer the process for procurement, by means of competitive bidding, of generation or storage capacity by potential independent power producers for sale to the public grid.

In order to ensure appropriate transparency and continuity in procurement

PART XIII MISCELLANEOUS

Non-power attributes and renewable energy certificates

67.(1) The property in all non-power attributes of electricity generated from

a renewable energy source in Barbados is vested in the State.

The Minister may make regulations for the registration of non-power

attributes and the issue of renewable energy certificates in respect of such attributes.

In this section,

ELECTRICITY SUPPLY ACT, 2024-26 57

Disaggregation of rates and tariffs

68. The Commission shall, within 180 days after the commencement of

this Act, disaggregate and make available for public inspection, all rates and tariffs charged for electricity services.

Confidential information

69.(1) A person involved in the administration of this Act shall treat as

confidential information received in the discharge of his functions.

Subsection (1) does not apply where the disclosure of the information is
- necessary for the proper administration of this Act;
- authorized by the person who provided the information; or
- made pursuant to an order of the court.
Where a person claims that confidential information made available or to

be made available by or on behalf of the person, whether in writing or otherwise, is information the disclosure of which would be injurious to the interest of the person and the Minister

is satisfied that the claim is justified; and
- is not of the opinion that disclosure of the confidential information is necessary for the proper administration of this Act,

the Minister shall take reasonable steps to ensure that the confidential information is not, without the consent of that person, disclosed.

A person who discloses information contrary to this section is guilty of an

offence and is liable, on summary conviction, to a fine of $50 000 or to imprisonment for 2 years or to both.

58 ELECTRICITY SUPPLY ACT, 2024-26

Administrative penalties for certain contraventions

70.(1) Where the Director of Renewable Energy is satisfied that a licensee

or registrant has

contravened
- a term or condition of his licence;
- the Codes; or
- this Act or any regulations made under this Act; or
failed to comply with a direction of the Minister or electrical inspector under this Act,

The Director of Renewable Energy shall not impose an administrative

penalty on a person under this Act without first giving the person

written notice of imposition of the administrative penalty; and
- an opportunity to make submissions as to why the penalty should not be imposed.
The notice referred to in subsection (2) shall
- specify the nature of the act constituting the contravention and the penalty to be paid; and
- require the person to pay the penalty to the Director of Renewable Energy within 14 days of the date of the notice.
A person who is in receipt of an administrative penalty notice shall pay the

amount of the penalty to the Director of Renewable Energy and comply with any additional requirement contained in the notice on or before the date specified in the notice.

ELECTRICITY SUPPLY ACT, 2024-26 59

An administrative penalty imposed under subsection (1) is a debt due to

the State recoverable in the Magistrate’s Court for District A.

Section 22 of Cap. 282 not to apply to certain licensees

For the avoidance of doubt, section 22 of the Utilities Regulation

Act, Cap. 282 shall not apply in respect of a licensee other than a person who

holds a licence in respect of generation at utility scale, transmission, distribution or dispatch; or
- is otherwise an independent power producer.

Physical development plan to be considered

A person exercising functions under this Act shall specifically

Affiliate transaction rules

The Minister may make rules to govern the relationship of licensees

that are affiliates.

Guidelines

74.(1) The Minister may issue guidelines generally to provide information

and guidance in relation to compliance with this Act or any statutory instruments made thereunder and those guidelines shall be published in the Official Gazette.

(2) A person who contravenes the guidelines issued under subsection (1) shall

be liable to pay an administrative penalty in accordance with section 70.

60 ELECTRICITY SUPPLY ACT, 2024-26

Regulations

75.(1) The Minister may make regulations generally for giving effect to this

Act. and to provide for

the fees to be paid under this Act;
the establishment and regulation of microgrids; and
the supply of electricity to electric vehicles; and
generally for giving effect to this Act.
Notwithstanding the generality of subsection (1), the Minister may make

regulations to provide for

the fees to be paid under this Act;
- the establishment and regulation of microgrids; and
- the supply of electricity to electric vehicles.

Amendment of Schedules

76.

Schedules.

The Minister may by Order amend the First, Second and Third

Consequential amendments

The enactments specified in the Column 1 of the Fourth Schedule are

amended to the extent specified opposite in Column 2.

Repeal of Act 2013-21 and transitional provision

78.(1) The Electric Light and Power Act, 2013 (Act 2013-21) is repealed.

ELECTRICITY SUPPLY ACT, 2024-26 61

Notwithstanding subsection (1), the Orders saved by section 35 of the

Electric Light and Power Act, 2013 (Act 2013-21), and the Electric Light and Power (Fees) Regulations, 2017 (S.I. 2017 No. 73)

shall continue in force to the extent that they were in force prior to the commencement of this Act; and
- may be amended or revoked by the Minister as if they had been made under this Act.
- Notwithstanding section 9
  - an existing licence that was valid immediately before the commencement of this Act shall be deemed to have been issued under this Act and continue in force until it expires or is suspended or revoked, or a new licence is issued to the licensee; and
  - for as long as the Orders described in subsection (1) continue in force, the Public Utility shall not be held to be in breach of section 9 and shall be treated for the purposes of this Act as if it were a licensee under this Act.
- Nothing in subsection (2) or (3) shall restrict any right given to, or remove

any obligation imposed on, the Public Utility or the holder of an existing licence under this Act; and this Act shall prevail where there is a conflict between this Act and

the Orders described in subsection (1); or
- an existing licence.
- In this section,

“existing licence” means a licence issued under section 6 of the Electric Light and Power Act, 2013 (Act 2013-21);

62 ELECTRICITY SUPPLY ACT, 2024-26

“Orders” means

the Orders set out in the First, Second and Third Schedules to the Electric Light and Power Act, Cap. 278 which was repealed by the Electric Light and Power Act, 2013 (Act 2013-21); and
the Electric Light and Power Order, 1981 (S.I. 1981 No. 216).

Commencement

79. This Act shall come into operation on a date to be fixed by

proclamation.

ELECTRICITY SUPPLY ACT, 2024-26 63

(a)

FIRST SCHEDULE

ELECTRICITY ADVISORY COMMITTEE

The Committee shall comprise

ex officio

(Section 8)

the Permanent Secretary in the Ministry with responsibility for Energy;
the Chief Energy Conservation Officer;
the Chief Electrical Officer;
the Director of Planning and Development; and

(b)

The Minister shall appoint a person to be Chairman and another to be

Deputy Chairman, of the Committee.

(a)

(b)

A member of the Committee, other than an ex officio member

shall, subject to this Schedule, hold office for a term of 3 years and is eligible for reappointment; and

64 ELECTRICITY SUPPLY ACT, 2024-26

(a)

(b)

The Minister may by instrument in writing

appoint a person to act temporarily in the place of a member appointed by him where the member is temporarily absent or unable to act;

revoke the appointment of a member appointed by him where he is satisfied that the member is

incapacitated physically or mentally to such an extent as to impair his ability to perform his duties or is otherwise unable or unfit to perform his duties; or
is guilty of serious misconduct in relation to his duties.
A person who is appointed to fill a vacancy created by the death,

resignation or removal from office of a member holds office only for the unexpired term of the member.

The appointment, resignation, death or removal from office of a

member shall be notified in the Official Gazette.

The Committee shall meet at such times as may be necessary or

expedient for the transaction of business, and such meetings shall be held at such places and times and on such days as the Committee determines.

Five members of the Committee shall constitute a quorum.
The Chairman, or in his absence, the Deputy Chairman, shall preside

at meetings of the Committee.

Where the Chairman and the Deputy Chairman are absent from a

meeting, the members present shall elect a member from among their number to preside at the meeting.

ELECTRICITY SUPPLY ACT, 2024-26 65

Decisions of the Committee shall be by a majority of votes, and where

the voting is equal, the Chairman or other person presiding at the meeting shall, in addition to an original vote, have a casting vote.

The Minister may by instrument in writing appoint a person to perform

the functions of secretary to the Committee.

All documents made by, and all decisions of, the Committee may be

signified under the hand of the Chairman or any member of the Committee authorised to act in that behalf or by the secretary of the Committee.

procedure.

Subject to this Schedule, the Committee may regulate its own

66 ELECTRICITY SUPPLY ACT, 2024-26

SECOND SCHEDULE

(Sections 9, 10, 55 and 77)

CAPACITY THRESHOLDS

kilowatts.

The installed capacity for the purpose of section 9(2)(a) is 10 The cumulative installed capacity for the purpose of section 9(2)(b)

is 50 kilowatts.

The installed capacity for the purpose of 10(2)(c) and section 55(2) is

500 kilowatts.

ELECTRICITY SUPPLY ACT, 2024-26 67

THIRD SCHEDULE

(Sections 63 and 77)

ELECTRICITY APPEALS TRIBUNAL

The Electricity Appeals Tribunal shall comprise 5 persons appointed

The Minister shall appoint from among the members of the Tribunal,

a person to be Chairman and another to be Deputy Chairman, of the Tribunal.

A member of the Tribunal shall, subject to paragraphs 6 and 7, hold

office for a term of 3 years but is eligible for reappointment.

A member of the Tribunal shall be paid such remuneration as the

Minister determines.

5.(1) The Minister may by instrument in writing appoint a person to act

temporarily in the place of a member of the Tribunal where the member is temporarily absent or unable to act.

(2) A person appointed to fill a vacancy created by the death, resignation or

removal from office of a member shall hold office only for the unexpired term of the member.

6.

(a)

A member of the Tribunal

may resign his office by instrument in writing addressed to the Minister, and transmitted through the Chairman in the case of a member other than the Chairman; and

68 ELECTRICITY SUPPLY ACT, 2024-26

(b)

7.

shall cease to be a member from the date the Minister receives the instrument, unless another date is specified in the instrument.

The Minister may by instrument in writing revoke the appointment of

a member of the Tribunal where the Minister is satisfied that the member is

(a)

(b)

incapacitated physically or mentally to such an extent as to impair his ability to perform his functions or otherwise unable or unfit to perform his functions; or

guilty of serious misconduct in relation to his functions.

The appointment, resignation, death or removal from office of a

member of the Tribunal shall be notified in the Official Gazette.

Three members of the Tribunal shall constitute a quorum.
The Minister may by instrument in writing appoint a person to perform

the functions of Secretary to the Tribunal.

11.(1) The Tribunal shall meet at such places and times and on such days as

the Tribunal determines necessary or expedient for the transaction of business.

The Chairman, or in his absence, the Deputy Chairman, shall preside at

meetings of the Tribunal.

Where the Chairman and the Deputy Chairman are absent from a meeting,

the members present shall elect a member from among their number to preside at the meeting.

Decisions of the Tribunal shall be by a majority of votes, and where the

voting is equal, the person presiding at the meeting shall, in addition to an original vote, have a casting vote.

All decisions taken or documents prepared by the Tribunal may be

signified under the hand of the Chairman, any other member of the Tribunal authorized to act in that behalf or by the Secretary of the Tribunal.

ELECTRICITY SUPPLY ACT, 2024-26 69

FOURTH SCHEDULE

CONSEQUENTIAL AMENDMENTS

(Section 77)

Column 1

Enactments

Utility Regulation Act,

Cap. 282.

Fair Trading Commission Act, Cap. 326B

Column 2

Amendments

In section 24A, delete the definition of “public grid” and substitute the following:

“ “public grid” means the physically connected generation, transmission and distribution systems used for the supply of electricity to the public;”.

In section 2(1), delete the definitions of “independent power producer” and “public grid” and substitute the following:

“public grid” means the physically connected generation, transmission and distribution systems used for the supply of electricity to the public;”.

70 ELECTRICITY SUPPLY ACT, 2024-26

Fourth Schedule – (Cont’d)

CONSEQUENTIAL AMENDMENTS – (Cont’d)

Column 1

Enactments

Fair Trading Commission Act, Cap. 326B – (Cont’d)

In section 4

Column 2

Amendments

in subsection (1), delete paragraph (c) and substitute the following:

“(c) discharge the functions with which it is charged under the Electricity Supply Act, 2024 (Act 2024-26).”;

in subsection (4A), delete paragraph (c) and substitute the following:

“(c) a licensee under the Telecommunications Act, Cap. 282B or the Electricity Supply Act, 2024 (Act 2024-26).”;

in subsection (5), delete paragraph (d) and substitute the following:

“(d) in the Electricity Supply Act, 2024, (Act 2024-26).”; and

in subsection (6), delete the words “the Electric Light and Power Act, 2013, Act 2013-21” and substitute the words “the Electricity Supply Act, 2024 (Act 2024-26)”.

ELECTRICITY SUPPLY ACT, 2024-26 71

Fourth Schedule – (Concl’d)

CONSEQUENTIAL AMENDMENTS – (Concl’d)

Column 1

Enactments

2. Fair Trading Commission Act, Cap. 326B – (Concl’d)

Column 2

Amendments

In section 5(1), delete the words “the Electric Light and Power Act, 2013, Act 2013-21” and substitute the words “the Electricity Supply Act, 2024 (Act 2024-26)”.
In section 6(3)(a), delete subparagraph (iii) and substitute the following:

“(iii) such provisions of the Electricity Supply Act, 2024, (Act 2024-26) as relate to the functions of the Commission; and”.

1st October, 2024

S.I. 2024 No. 58

NATIONAL PAYMENT SYSTEM (ELECTRONIC PAYMENT SERVICE PROVIDERS)

REGULATIONS, 2024

Citation
Definitions

Arrangement of Regulations

Register of electronic payment service providers
Aggregate monthly load limits
Liquid asset requirements
Interest
Lending and investment activities
Minimum standards for payment cards
E-wallets and stored value cards
Written agreements
Changes to payment service
Custodian accounts
Responsibilities of custodian institutions

2 S.I. 2024 No. 58

Agents
Merchant agreements
Disclosure
User care system
Complaint handling processes

S.I. 2024 No. 58 3

National Payment System Act, 2024 Act 2021-1

NATIONAL PAYMENT SYSTEM (ELECTRONIC PAYMENT SERVICE PROVIDERS)

REGULATIONS, 2024

The Central Bank, in accordance with the powers conferred on it by section 62 of the National Payment System Act, 2024, makes the following Regulations:

Citation

These Regulations may be cited as the National Payment System

(Electronic Payment Service Providers) Regulations, 2024.

Definitions

In these Regulations,

“aggregate monthly load limit” means the total amount of credit transferred into an electronic payment account held by a user over the period of a calendar month;

“business of an electronic payment service provider” means the business of facilitating electronic payments and includes operational services of the electronic payment provider;

“custodian account” means a special purpose account or pooled account held for the licensee by a financial institution, society or other entity approved by the Central Bank where

the users of the account are the beneficiaries; and

4 S.I. 2024 No. 58

the funds of such users are pooled for the purpose of settlement and management of the payment services that the electronic payment service provider agrees to provide to its users;

“e-wallet” means an electronic device, online service or computerised software application that allows a user to utilize a payment service;

“electronic payment account” means an account that is used for the transfer of electronic money;

“electronic payment service provider” means a payment service provider who

provides a payment service in an electronic form; or
issues a payment card or payment instrument;

“interoperability” means the set of arrangements, procedures and standards that allow users of an electronic payment service provider to effect payments or the transfer of funds to users of another electronic payment service provider;

“merchant” means a person who accepts a payment service or payment instrument in exchange for goods or services;

“merchant agreement” means an agreement that

governs the relationship between a merchant and an electronic service provider; and
provides the rights, responsibilities, obligations and liabilities of merchants and users in relation to payment services or payment instruments issued by the electronic service provider;

“user” means a person who utilises an electronic payment service or payment instrument to obtain goods and services or otherwise transacts business and includes a consumer.

Register of electronic payment service providers

3.(1) The Central Bank shall maintain a register of all electronic payment

service providers.

S.I. 2024 No. 58 5

The register shall contain the following information:
- the date the licence was issued or the date on which the payment service provider was authorised, as the case may be, by the Central Bank;
- the name, registered office and head office of the electronic payment service provider;
- the location of the electronic payment service provider and its contact details;
- the names of the persons managing and representing the electronic payment service provider;
- the services and activities for which the electronic payment service provider was licensed or authorised; and
- the date on which the Central Bank suspended or revoked the licence of the electronic payment service provider or the date on which the electronic payment service provider ceased to carry on business.
The Central Bank shall
- publish the list of electronic payment service providers referred to in paragraph (1) on the Central Bank’s website; and
- update the register on a regular basis.

Aggregate monthly load limits

4.(1) An electronic payment account issued by an electronic payment

service provider shall be subject to an individual transaction limit and such aggregate monthly load limits as agreed to by the Central Bank.

An individual transaction or aggregate monthly load limits may be

agreed

(a)

(b)

as a condition of a licence; or

in a manner otherwise directed by the Central Bank.

6 S.I. 2024 No. 58

Notwithstanding paragraph (2), the Central Bank may approve higher

limits for specific categories of electronic payment accounts.

In the case of e-wallets, where an electronic payment service provider

issues more than one electronic payment account to the e-wallet of a user, the total amount loaded into all the electronic payment accounts of that user shall not exceed the aggregate monthly load limit.

Liquid asset requirements

5.(1) An electronic payment service provider who issues e-wallets and

stored value cards shall maintain liquid assets equal to the amount of the outstanding value in e-wallets and stored value cards.

The liquid assets referred to in paragraph (1) shall remain unencumbered

and may take the form of

balances in custodian accounts held at financial institutions or societies approved by the Central Bank, provided that such balances shall be held separately from balances relating to any other operations of the electronic payment service provider or any other entity approved by the Central Bank in accordance with regulation 12(1); or
- any other liquid asset determined by the Central Bank.
An electronic payment service provider shall daily reconcile the liquid

assets it holds for the redemption of an electronic payment with the outstanding amount of electronic payment no later than 3 p.m. on any given business day.

Where there is any deficiency in the amount of liquid assets held, an

electronic payment service provider shall

rectify the deficiency by the close of business on the same day the deficiency is discovered; and
- make a report to the Central Bank by 10 a.m. on the day following the discovery of such deficiency.

S.I. 2024 No. 58 7

A report made under paragraph (4) shall
- outline the amount of the deficiency;
- describe how the deficiency arose; and
- describe how the deficiency was rectified.
In the interest of protecting users, the Central Bank may require an

electronic payment service provider to keep its liquid assets in more than one approved financial institution or society.

An electronic payment service provider shall at any time make available

for inspection by the Central Bank or any person authorised in writing by the Central Bank all records and reconciliations relating to the liquid assets referred to in paragraph (1).

Interest

No interest or any other financial return shall be paid on an electronic

payment account.

Lending and investment activities

Unless approved by the Central Bank, no electronic payment service

provider other than a financial institution or society shall engage in any lending or investment activity.

Minimum standards for payment cards

8.(1) An electronic payment service provider who issues payment cards

shall observe the following minimum standards:

ensure that full track data, card verification codes or PIN block data is not retained;
- properly protect stored cardholder data;
- provide secure authentication features;

8 S.I. 2024 No. 58

log payment application activity; develop secure payment applications;

ensure that wireless transmissions can occur in a secure manner;

regularly test payment applications to address vulnerabilities and establish a framework and procedures for a timely resolution of any vulnerabilities;

facilitate secure remote access to payment applications; encrypt traffic over public networks; and

provide information and promote awareness with respect to these standards for employees, merchants and users.

An electronic payment service provider shall provide reports to the Central

Bank in relation to the observance of the standards referred to in paragraph (1).

A violation of any of the standards referred to in paragraph (1) or a breach

of the electronic payment service provider’s systems shall be reported to the Central Bank within 48 hours, or such other time as may be permitted by the Central Bank, of the discovery of the violation or breach.

E-wallets and stored value cards

9. Any funds stored in an e-wallet or on a stored value card shall be

redeemed at the nominal value of the amount placed on the wallet or card net of any charges incurred thereon.

Written agreements

10.(1) An electronic payment service provider shall enter into a written

agreement with a user for whom it opens an electronic payment account.

The agreement referred to at paragraph (1) shall
- be in accordance with the Data Protection Act, 2019 (Act 2019-29); and

S.I. 2024 No. 58 9

among other matters, clearly identify
- the electronic payment service provider who is responsible to the user; and
- the name of the payment service provider, where the process utilized by the electronic payment account is operated by a person other than the electronic payment service provider.

Changes to payment service

11.(1) An electronic payment service provider who intends to make a

substantial change or enhancement to a payment service shall

notify the Central Bank in writing 60 days prior to the proposed implementation of the change or enhancement; and
obtain in writing the approval of the Central Bank.

(2) For the purposes of this regulation, “substantial change” means a change

or enhancement that will significantly expand or reduce the scope or change the nature of a payment service, payment instrument or payment card including any matters relating to functionality.

Custodian accounts

12.(1)

An electronic payment service provider shall

open and operate a custodian account at a financial institution, society or any other entity approved by the Central Bank;

deposit funds collected from users and funds being held on behalf of merchants into a custodian account;

sign an agreement with the custodian institution;

submit a letter to the Central Bank from the custodian institution confirming the undertaking of the custodian institution to fulfil the relevant responsibilities in these Regulations together with a copy of the signed agreement;

10 S.I. 2024 No. 58

clearly identify the set of accounts related to each custodian account maintained with one or more custodian institutions;

maintain the aggregate of unused balances from sums collected from or on behalf of users in the custodian account at all times;

deposit sums collected from or on behalf of users within a maximum of one business day and hold such sums separately from other funds in the custodian account;

monitor and supervise the activities of the users and merchants to ensure that they are operating in accordance with the Act and these Regulations;

report suspicious and unusual transactions of users to the Financial Intelligence Unit based on the anti-money laundering and counter financing of terrorism guidelines issued by the Central Bank and all relevant authorities;

strictly comply with relevant reporting requirements relating to suspicious transactions;

ensure that funds in the custodian account are only used to effect transactions on behalf of a user, where the transactions will be limited to

settlement of obligations arising from transactions of the user including, settlement of transactions via other payment systems;
withdrawal of funds by a user; and
settlement of credits and debits to the custodian account to effect changes in the cumulative sum of user account balances;
not use funds in the custodian account as security or collateral at any time;

S.I. 2024 No. 58 11

have no claim to the funds lying in the custodian account in the case of insolvency or cessation of business of the electronic payment service provider;
open and maintain separate pre-funded accounts for each user;
make available a statement of an account to a user, electronically or in printed form, periodically or upon request, at a reasonable fee, if any;
refund the remaining balance on the account to a user no later than 3 business days, subject to any additional time required for any regulatory approval, from the date that a request is made and the following shall apply:
- such refunds are to be made without any additional cost other than what is necessary to complete the transaction; and
- the user shall be notified with written confirmation by the electronic payment service provider after the completion of the process for closing the account; and
submit periodic reports and provide access to the system, as and when requested by Central Bank, in order to monitor balances and other relevant information of users;
The Central Bank or such other person authorised by the Central Bank shall

assume responsibility for a custodian account referred to under paragraph (1) where an electronic payment service provider becomes insolvent or ceases business.

A custodian account may qualify for deposit insurance in accordance with

the provisions of the Deposit Insurance Act, Cap. 323.

12 S.I. 2024 No. 58

Responsibilities of custodian institutions

(a)

(b)

A custodian institution shall

ensure that interest earned on balances held on a custodian account is credited to a separate account for the benefit of an electronic payment service provider;

provide an electronic payment service provider with the ability to electronically

extract transaction information on an account; and
request reports on an account;

(c)

(d)

(e)

Agents 14.(1)

report the deposits in a custodian account as part of its deposit liabilities;

cooperate with the Central Bank to facilitate the timely disbursement of funds to users from the custodian account of the electronic payment service provider where there is disruption or closure of the operation of the electronic payment service provider; and

ensure that the funds held in a custodian account are blocked and disbursed only with the agreement of the Central Bank in the case of the suspension or revocation of a licence.

An electronic payment service provider may appoint an agent to act

on its behalf.

Where an agent is appointed pursuant to paragraph (1), the electronic

payment service provider shall provide the following information to the Central Bank:

the procedure for the recruitment of agents;
- the proposed geographic location of the agents;

S.I. 2024 No. 58 13

(c)

(d)

(e)

(f)

(g)

(h)

(i)

a copy of the proposed agency agreement;

the policies and procedures approved by the electronic payment service provider for the provision of services through agents, including anti- money laundering controls to be implemented by agents in accordance with the Money Laundering and Financing of Terrorism (Prevention and Control) Act (Act 2011-23);

a description of the technology to be used for the delivery of agency services;

a risk assessment report of the provision of services through agents including the control measures that will be applied to mitigate the risks;

the security measures to be adopted for the premises of an agent;

the manual or any other materials used or to be used in the training of agents; and

any other matter required to be submitted pursuant to the Act or requested by the Central Bank.

Notwithstanding paragraph (2), the Central Bank shall reserve the right to

object to the appointment of an agent to act on the behalf of an electronic payment service provider.

The Central Bank may, by notice in writing, instruct an electronic payment

service provider to desist from proceeding or continuing with the provision of services through an agent if the information provided to the Central Bank by the electronic payment service provider

is false;
- is misleading;
- fails to inform the Central Bank that there is a material change or misstatement in the information provided; or
- indicates that an electronic payment service provider will be in breach of these Regulations or any enactment.

14 S.I. 2024 No. 58

Where the Central Bank has instructed an electronic payment service

provider to desist from proceeding or continuing with the provision of services through an agent, the Central Bank

shall provide reasons for its decision made pursuant to paragraph (4); and
- may afford the electronic payment service provider an opportunity to amend and resubmit its application to appoint an agent or continue with the services of an agent.

Merchant agreements

15.(1) An electronic payment service provider shall enter into appropriate

merchant agreements to address the rights, responsibilities and obligations of merchants and users in relation to payment services, payment instruments offered by the electronic payment service provider.

Where a merchant enters into a merchant agreement with an electronic

payment service provider, the electronic payment service provider shall ensure that the merchant is properly on-boarded in conformity with its Know Your Customer and anti-money laundering processes.

For the purpose of paragraph (2), an electronic payment service provider

shall ensure that a merchant is trained and provided with the relevant information and material relating to its Know Your Customer and anti-money laundering processes.

Disclosure

16.(1) An electronic payment service provider shall disclose in writing to a

user the following information relating to an electronic payment account:

a condition that an electronic payment may be redeemed at any time at nominal value;

S.I. 2024 No. 58 15

the fees, if any, applicable to
- the use of the payment service and payment instrument; and
- balance enquiries;
- the conditions, if any, applicable to the use of a payment service and payment instrument;
- a condition that electronic payment services, payment cards or payment instruments
  - shall not earn interest;
  - are not savings accounts or other investment instruments; and
  - may be subject to reward points or other incentives;
- that funds used in an electronic payment which are not backed by or originated from an account with a deposit insurance member are not considered deposits and not subject to any deposit insurance;
- a statement of the user care procedures for complaints and the relevant details for the electronic payment service provider.
An electronic payment service provider shall, upon request from a user,

provide the user in writing with

the balance remaining in his or its electronic payment account; and
- a statement of transactions for the previous 30 days or for such other period, not exceeding 60 days, as may be requested by the user.
An electronic payment service provider shall publish the current fees

referred to in paragraph (1) in promotional literature and on the electronic payment provider’s website or social media accounts.

16 S.I. 2024 No. 58

User care system

17.(1) An electronic payment service provider shall, within 6 months after

commencing business as an electronic payment service provider, establish a user care system to address the complaints of users.

Prior to the establishment of a user care system, an electronic payment

service provider shall

provide adequate means for a user to file a complaint; and
- address a complaint within a period of 21 days from the date of receipt of the complaint.
An electronic payment service provider shall provide easily understood

information about the user care system, including the userer care contact number at its head office, branches and premises of agents.

Complaint handling processes

18.(1)

(a)

(b)

An electronic payment service provider shall establish

complaint handling processes to provide users with sufficient information to facilitate the handling and resolution of a dispute; and

the means for a user to inquire on the progress of a complaint.

For the purpose of paragraph (1), complaint handling processes may

include a complaint reference number or other identifiers in order to facilitate timely and accurate responses to subsequent inquiries by users.

An electronic payment service provider shall advise a user of
- the outcome of the investigation of the complaint; and
- any resulting decision by the electronic payment service provider.
All complaint handling processes shall be provided free of charge.

S.I. 2024 No. 58 17

An electronic payment service provider shall
- make adequate provision to ensure that any person with disabilities is able to access its complaint handling processes, including ensuring that such users can be easily represented by their authorised representatives in order to make a complaint; and
- provide reasonable assistance to a user who requests assistance in lodging a complaint.

Made by the for Governor this 19th day of September, 2024.

ALWYN JORDAN

for Governor Central Bank of Barbados

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Printed and Published by

the Barbados Government Printing Department

Gazette October 1, 2024 Part A VOL. CLIX No. 105

OBJECTS AND REASONS

BARBADOS

Short title

Amendment of section 2 of Cap. 154

Repeal and replacement of section 3 of Cap. 154

“Rape

Repeal of section 4 of Cap. 154

Repeal of section 5 of Cap. 154

Insertion of sections 5A, 5B and 5C into Cap. 154

“Sexual intercourse with a minor

Sexual touching of a minor

Meeting a minor after sexual grooming

Amendment of section 6 of Cap. 154

Repeal and replacement of section 7 of Cap. 154

“Sexual intercourse with step-child etc

Repeal and replacement of section 8 of Cap. 154

“Violation of person suffering from mental disorder or physical disability

Repeal of section 9 of Cap. 154

Insertion of sections 9A, 9B, 9C, 9D and 9E into Cap. 154

“Causing or inciting a minor to engage in sexual activity

Engaging in sexual activity in the presence of a minor

Causing a minor to watch a sexual act

Sexual communication with a minor

Taking indecent photographs of a minor

Amendment of section 11 of Cap. 154

Repeal of section 12 of Cap. 154

Amendment of section 13 of Cap. 154

Amendment of section 14 of Cap. 154

Amendment of section 15 of Cap. 154

Amendment of section 16 of Cap. 154

Amendment of section 17 of Cap. 15

Repeal and replacement of section 28 into Cap. 154

“Corroboration

Repeal and replacement of section 30 of Cap. 154

Repeal of section 37 of Cap. 154

Transitional

Commencement

Speaker

President

OBJECTS AND REASONS

BARBADOS

Short title

Validation.

Speaker

President

OBJECTS AND REASONS

BARBADOS

Short title 1.

Interpretation

Objectives of Act

Act to bind State

System planning

Targets for supply of electricity from sources of renewable energy

New generation and storage capacity

Advisory Committee

Restrictions on certain electricity services without licence

Application for licence

Issue of licence

Terms and conditions of licence

Local participation and investment

Renewal of licence

Modification of licence

Suspension and revocation of licence

Licensee to notify of changes

Assignment of licence

State’s right to step-in

Registration of generation systems and storage systems

Interconnection

Agreement on purchase of electricity by Public Utility

Public Utility not to unreasonably refuse agreement

Public Utility obliged to provide service

Other participants to develop reliable and safe generation and storage systems

Public Utility to implement integrated resources and resilience, and grid modernization plans

Public Utility to keep separate accounts

Public Utility to report on activities

System Operator’s functions

System Operator’s departure from merit order

System Operator to plan for major system failure

Audit of System Operator’s activities