ELECTRICITY SUPPLY ACT 1990
ELECTRICITY (AMENDMENT) REGULATIONS 2013
IN exercise of the powers conferred by section 53 of the Electricity Supply
Act 1990 [Act 447], the Minister makes the following regulations:
Citation and commencement
1. (1) These regulations may be cited as the Electricity (Amendment) Regulations 2013.
(2) These Regulations come into operation on 3 May 2013.
Amendment of regulation 2
2. The Electricity Regulations 1994 [P.U. (A) 38/1994], which are referred to as the “principal Regulations” in these Regulations, are amended in regulation 2—
(a) by inserting after the definition of “accessory” the following
definition:
““accreditation authority” means the Director General of the Department of Standards as specified in the Standards of Malaysia Act 1996 [Act 549];”;
(b) by inserting after the definition of “Certificate of Approval” the following definition:
““Certificate of Conformity” means a certificate issued by a conformity assessment body;”;
P.U. (A) 151. 1102
(c) by inserting after the definition of “Competent Electrical Engineer” the following definitions:
““conformity assessment body” means a foreign or local conformity assessment body whose activities and expertise includes performance of all or any stage of the conformity assessment process;”;
(d) by inserting after the definition of “earthed” the following definition:
“efficiency rating label” means a label which provides information of energy performance level of an equipment as specified in regulation 101A;”;
(e) by inserting after the definition of “final circuit” the following definition:
“foreign conformity assessment body” means a conformity assessment body who has its place of business in a country other than Malaysia and where the country has entered into a mutual recognition agreement with Malaysia;”;
(f) by inserting after the definition of “line conductor” the following definition:
““local conformity assessment body” means a conformity assessment body who has its place of business in Malaysia and is registered with the Commission in accordance with regulation 97B;”;
(g) by inserting after the definition of “multiple-earth neutral” the following definition:
“mutual recognition agreement” means any agreement or arrangement between Malaysia and any other country;”.
Amendment of regulation 47
3. Subregulation 47(1) of the principal Regulations is amended—
(a) in paragraph (b) by inserting after the words “electrical engineering” the words “or electrical and electronic engineering”;
(b) in paragraph (c) by inserting after the words “electrical engineering” the words “or electronic engineering”;
(c) by substituting for paragraph (d) the following paragraph:
“(d) in the case of a Professional Engineer in electrical engineering, that he has not less than five years experience working in an environment in the power sector where electrical equipment is in operation and has had experience of controlling live equipment;”; and
1103 P.U. (A) 151.
(d) by inserting after paragraph (d) the following paragraph: “(da) in the case of a Professional Engineer in electronic engineering, that he has not less than eight years experience working in an environment in the power sector where electrical equipment is in operation and has had experience of controlling live equipment;”.
Amendment of regulation 97
4. Regulation 97 of the principal Regulations is amended by substituting for subregulation (1) the following subregulation:
“(1) Subject to regulations 97C, 97D, 97E and 101A, no person shall manufacture, import, display, sell or advertise—
(a) any domestic equipment;
(b) any low voltage equipment which is usually sold directly to the general public; or
(c) any low voltage equipment which does not require special skills in its operation, unless the equipment is approved by the Commission.”.
New regulations 97A, 97B, 97C, 97D, 97E and 97F
5. The principal Regulations are amended by inserting after regulation 97 the following regulations:
"Recognition of foreign conformity assessment body.
97A. (1) For the purposes of certifying any equipment under regulation 97, the Commission shall give a recognition to a foreign conformity assessment body, in a manner that may be determined by the Commission.
Provided that, the foreign conformity assessment body shall be recognized, registered or licensed by the relevant authority in the country in which the foreign conformity assessment body carries on its business.
(2) The Commission shall cease to recognize the foreign conformity assessment body under subregulation (1), if the recognition, registration or licence granted to the foreign conformity assessment body is revoked by the relevant authority.
(3) All test reports, certificates, records or technical files produced by a foreign conformity assessment body in accordance with these Regulations shall be recognized as valid and subsisting for the purposes of this Part, without prejudice to any further testing or assessment to be done to them as the Commission deems necessary.
Registration of local conformity assessment body.
97B. (1) For the purposes of certifying any equipment under regulation 97, a local conformity assessment body shall apply to be registered with the Commission, in a manner that may be determined by the Commission.
Provided that, the local conformity assessment body has been accredited by the accreditation authority. (2) A local conformity assessment body who is registered under subregulation (1) shall be issued with a Certificate of Registrationas conformity assessment body as set out in Form U1 of the First Schedule.
(3) A Certificate of Registration issued under subregulation (2) shall be valid for not less than one year and not exceeding three years from the date of issue or renewal of such certificate.
Registration of manufacturer and importer.
97C. (1) Any person who manufactures or imports any equipment under regulation 97 shall apply to be registered with the Commission, in a manner that may be determined by the Commission.
(2) A manufacturer or importer who is registered under subregulation (1) shall be issued with a Certificate of Registration to manufacture or import as set out in Form V1 of the First Schedule.
(3) A Certificate of Registration issued under subregulation (2) shall be valid for not less than one year and not exceeding five years from the date of issue or renewal of such certificate.
Submission of test report or Certificate of Conformity by manufacturer.
97D. (1) Any manufacturer issued with a Certificate of Registration under regulation 97C shall submit to the Commission— (a) a test report as to the equipment’s conformity with the safety standards as recognized by the Commission; or
(b) a Certificate of Conformity issued by a local conformity assessment body.
(2) A test report under subregulation (1) shall be issued by a testing laboratory accredited by the accreditation authority and the test report shall be valid for not less than one year and not exceeding five years from the date of the report.
(3) A Certificate of Conformity under subregulation (1) shall be valid for not less than one year and not exceeding three years from the date of the certificate.
(4) Upon expiry of a test report or Certificate of Conformity, as the case may be, the manufacturer shall submit a new test report or Certificate of Conformity to the Commission in accordance with this regulation.
(5) A manufacturer who submits a test report or Certificate of Conformity under this regulation shall ensure that such test report or Certificate of Conformity has a validity period of not less than one year before the expiry date.
Submission of test report or Certificate of Conformity by importer.
97E. (1) Any importer issued with a Certificate of Registration under regulation 97C shall submit to the Commission—
(a) a test report as to the equipment’s conformity with the safety standards as recognized by the Commission; or
(b) a Certificate of Conformity issued by a foreign conformity assessment body recognized by the Commission under regulation 97A.
(2) A test report under subregulation (1) shall be issued by a testing laboratory recognized by the Commission and the report shall be valid for not less than one year and not exceeding five years from the date of the report.
(3) A Certificate of Conformity under subregulation (1) shall be valid for not less than one year and not exceeding three years from the date of the certificate.
(4) Upon expiry of a test report or the Certificate of Conformity, as the case may be, the importer shall submit a new test report or Certificate of Conformity to the Commission in accordance with this regulation.
(5) An importer who submits a test report or Certificate of Conformity under this regulation shall ensure that such test report or Certificate of Conformity has a validity period of not less than one year before the expiry date.
Duties to keep technical files of equipment, etc.
97F. (1) A manufacturer or importer issued with a Certificate of Registration under regulation 97C shall keep all technical files of any equipment issued together with a test report or Certificate of Conformity, as the case may be, for not less than ten years after the last equipment has left the production line.
(2) A testing laboratory accredited by the accreditation authority, shall keep all technical files of any equipment issued together with a test report for not less than six years after the expiry of that test report.
(3) A local conformity assessment body shall keep all technical files of any equipment issued with a Certificate of Conformity for not less than six years after the expiry of the validity of the Certificate of Conformity.”.
New regulations 101A, 101B and 101C
6. Part III of the principal Regulations is amended under the heading of “Approval of Equipment” by inserting after regulation 101 the following regulations: “Efficient use of electricity by equipment. 101A.
(1) For the purpose of efficient use of electricity, prior to an application for a Certificate of Approval under regulation 97, any person who manufactures, imports, sells or offers for sale or lease any equipment under that regulation, shall ensure that such equipment meets the energy performance testing standards, the minimum energy performance standards and the efficiency ratings as set out in the Fourth Schedule.
(2) For the purposes of subregulation (1), a manufacturer or an importer of such equipment shall submit an energy performance testing report in accordance with regulation 101B.
(3) Any equipment that meets all the requirements of efficient use of electricity under subregulation (1) shall be affixed with an efficiency rating label in such form and manner as may be determined by the Commission. Energy performance testing report. 101B. (1) An energy performance testing report under subregulation 101A(2) shall be submitted to the Commission, in a manner that may be determined by the Commission. (2) An energy performance testing report referred in subregulation (1) shall be valid for not less than one year and not exceeding five years from the date of the report. (3) Upon expiry of an energy performance testing report, a manufacturer or an importer shall submit a new energy performance testing report to the Commission in accordance with this regulation.
(4) A manufacturer or an importer who submits an energy performance testing report under this regulation shall ensure that such test report has a validity period of not less than one year before the expiry date. Submission for test and seizure for the purpose of efficient use of electricity. 101C. (1) The Commission may, at any time, by notice in writing, require any person who manufactures, imports, sells or offers for sale or lease such equipment as referred to in regulation 101A, to deliver, within such period as may be specified in the notice, samples of the equipment for an examination and a test. (2) If, in the opinion of the Commission, any equipment which does not fulfill the requirements of efficient use of electricity under regulation 101A, the Commission may prohibit the manufacturing, importing, selling or offering for sale or lease of the equipment and may direct the person referred to in subregulation (1) to withdraw or recall within the stipulated period, all the equipment from manufacturing, importing, selling or offering for sale or lease and where necessary, may seize and remove such equipment. (3) The Commission shall not be liable for any loss or damage caused in the delivery or seizure and removal of equipment under subregulation (1) or (2), as the case may be.”.
Amendment of regulation 102
7. Regulation 102 of the principal Regulations is amended by substituting for the words “71, 75, 80, 84, 88 or 92” the words “71, 75, 80, 84, 88, 92, 97B or 97C”.
Amendment of regulation 103
8. Subregulations 103(1) and (2) of the principal Regulations are amended by substituting for the words “71, 75, 80, 84, 88 or 92” the words “71, 75, 80, 84, 88, 92, 97B or 97C”.
Amendment of regulation 104
9. Subregulation 104(1) of the principal Regulations is amended by substituting for the words “71, 75, 80, 84, 88 or 92” the words “71, 75, 80, 84, 88, 92, 97B or 97C”.
Amendment of regulation 105
10. Subregulation 105(1) of the principal Regulations is amended by substituting for the words “71, 75, 80, 84, 88 or 92” the words “71, 75, 80, 84, 88, 92, 97B or 97C”.
New regulation 109A
11. The principal Regulations are amended by inserting after regulation 109 the following regulation:
“Market surveillance.
109A. (1) The Commission may, from time to time, carry out market surveillance to determine if any equipment referred to in regulation 97 is safe and is affixed with a label in accordance with regulation 98 or an efficiency rating label, or both, as the case may be.
(2) Whoever, intentionally or knowingly—
(a) removes, withdraws or assists in the removal or withdrawal of any equipment, which is not labelled in accordance with regulation 98 or which does not bear an efficiency rating label, or both, as the case may be, from any premises in order to obstruct or hinder the Commission, its authorized officers or agents from exercising any of its powers; or
(b) harbours, keeps, conceals, or is in the possession of any equipment which is not labelled in accordance with regulation 98 or which does not bear an efficiency rating label, or both, as the case may be, with the intention to sell or offer for sale, commits an offence.”.
P.U. (A) 151. 1108
Savings and transitional provision
12. (1) Any existing local conformity assessment body already in operation before the coming into operation of these Regulations, shall apply to be registered with the Commission within a period of six months from the date of coming into operation of these Regulations. (2) Upon coming into operation of these Regulations, any manufacturer or importer shall apply to be registered with the Commission in accordance with regulation 97C, within a period of one year from the date of coming into operation of these Regulations.
(3) Any existing equipment which had been manufactured, imported, sold or offered for sale or lease before the coming into operation of these Regulations shall be required to comply with regulation 101A, within one year from the date of coming into operation of these Regulations.
Amendment of First Schedule
New Fourth Schedule
14. The principal Regulations are amended by inserting after the Third
Schedule the following new schedule:
“FOURTH SCHEDULE" [...]
*The Minimum Energy Performance Standards (MEPS) value for incandescent lamp shall not apply for the following use:
(a) components in electrical appliances;
(b) medical and lab equipment;
(c) internal decoration, shows and exhibition;
(d) safety and signaling;
(e) conservation of animals and as repellant for insects;
(f) heating and testing;
(g) cleanliness and health;
(h) beauty treatment;
(i) lamps that cannot be directly replaced with other type of lamp; and
(j) incandescent lamp for other purposes deemed suitable by the Commission
to be excluded.”.
Made 2 May 2013
[KeTTHA: BP(R) 427/1-1 Klt.; PN(PU2) 486/VI]
DATO’ SRI PETER CHIN FAH KUI
Minister of Energy, Green Technology and Water
Hakcipta Pencetak H
PERCETAKAN NASIONAL MALAYSIA BERHAD
Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk
yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/
atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang
dilantik).
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA