  WATER SERVICES CORPORATION [ CAP. 355.        1
CHAPTER 355
WATER SERVICES CORPORATION ACT
To provide for the establishment of a body corporate to be known as the Water Services
Corporation, and for the exercise and performance by or on behalf of the Corporation of
functions related to the acquisition, transformation, manufacture, distribution and sale of
potable and non-potable water, and, as appropriate, to the treatment and disposal or re-use of
sewage and waste water, and re-use of stormwater run-off, to provide for the transfer to the
Corporation of certain installations, equipment or other property, and to make provision in
respect of matters ancillary thereto or connected therewith.
20th January, 1992
1st August, 1992
1st September, 1997
1st December, 1997
1st October, 2003
ACT XXIII of 1991 as amended by Legal Notice 129 of 1992 and Acts XV of 1995, XVI of
1997 and XXV of 2000.
ARRANGEMENT OF ACT
Articles
PART I. Preliminary 1-2
PART II. Constitution, Functions and Composition of the Water
Services Corporation 3-22
PART III.  Financial Provisions 23-31
PART IV. Transfer to the Corporation of Government Undertakings  32-35
PART V. Officers and Other Employees of the Corporation 36-40
PART VI. Contracts and Power to Acquire or Dispose of Property  41-42
PART VII. Miscellaneous Provisions 43-53
SCHEDULE
  2      CAP. 355. ]         WATER SERVICES CORPORATION
PART I
Preliminary
Short title. 1. The short title of this Act is the Water Services Corporation
Act.
Interpretation. 2. (1) In this Act, unless the context otherwise requires -
"apparatus" includes vehicles, all machines, devices and fittings
used in the pumping, desalination, treatment or transport of water
and waste water;
"appointed day", in relation to the provisions of Part IV of this
Act, means the day or days on which article 32 comes into force *
with respect to such public undertakings as may be transferred by
virtue of that article;
"Board" means the Board of the Corporation established by
article 5;
"Chairman", "Deputy Chairman" and "Member" mean the
Chairman, the Deputy Chairman and a member of the Board
respectively;
"Chief Executive" means the Chief Executive of the Corporation
appointed in accordance with article 5(5);
"cistern" means any reservoir, tank (excluding roof tank), pond,
or other receptacle, used or intended to be used for collecting or
storing water, whether situated or constructed above or below
ground, covered or uncovered;
"collecting area" means that surface or area of lands, roads, sites,
or buildings, the rain falling upon which causes or contributes to
any stream or deposit of surface water;
"conduit" means any channel, ditch, gutter, pipe or aqueduct,
made or intended for the conveyance of water which is to be
collected, stored, or in any way utilized;
"consumer" means the person or body corporate to whom
services are rendered by the Corporation;
"Corporation" means the Water Services Corporation established
by this Act;
"director" means a director of the Corporation under this Act; 
"domestic sewage" means the contents of lavatories and water
which has been used for cooking or washing, and other waste water
ordinarily removed from domestic premises, but does not include
surface water removed from buildings and from land occupied
with, and appurtenant to, the building, nor any waste water other
than the contents of lavatories and other water used for personal
hygiene and similar purposes, removed from trade premises, or
from any laundry;
"domestic supply" means a supply of water made to a tenement
to meet the ordinary and reasonable requirements of the domestic
*20th January, 1992 -  see  Legal Notice 7 of 1992.
  WATER SERVICES CORPORATION [ CAP. 355.        3
life of the person or persons residing in the tenement;
"financial year" means any period of twelve months ending on
the thirtieth of September of any year: provided that the first
financial year of the Corporation shall commence on the date of the
coming into force of this Act and shall end on the thirtieth day of
September of the next following year;
"irrigation area" means any area so declared by order of the
Minister responsible for agriculture;
"gallery" means an underground passage made in searching for a
spring, or for collecting the waters of a spring or through which the
waters of a spring may flow from one point to another, in the
context of groundwater exploitation;
"licence" means any permit or authority given in writing by the
Corporation mentioned in article 44 hereof;
"mains" means a pipe laid for the purpose of giving a general
supply of water as distinct from a supply to individual consumers
and includes any apparatus in connection with such pipe;
"Minister" means the Minister responsible for water and includes
any person authorised by such Minister in that behalf; 
"officer" and "other employees" in relation to the Corporation
include any public officer detailed for duty with the Corporation;
"person" includes any body of persons or any body corporate
established by the law;
"public officer" has the same meaning as is assigned to it in
article 126 of the Constitution;
"public undertaking" means any undertaking or installation, and
any apparatus, instrument, device or plant and all things accessory
or ancillary thereto which, immediately before the appointed day * ,
were vested in or belonged to the Government by whatever title and
were operated by it for the purposes of producing, storing and
distributing water or collecting and disposing or treating of sewage,
waste water or stormwater run-off;
"premises" includes lands, buildings, houses and any other
structure whatsoever;
"prescribed" means prescribed by regulations, rules or orders
made under or kept in force by this Act;
"sea-craft" includes floating tanks for the supply of water to any
sea vessels;
"service" means a conduit made for the purpose of conveying
water from the water works to any tenement, for the exclusive use
of the owner or occupier thereof, or for any use or purpose within
the same tenement;
"spring" means water existing or flowing naturally underground,
continually or from time to time, whether the said water escapes or
flows on the surface or not;
*20th January, 1992 -  see  Legal Notice 7 of 1992.
  4      CAP. 355. ]         WATER SERVICES CORPORATION
"stormwater run-off" shall include rainwater which is not
absorbed by the ground or which does not evaporate and which is
not collected in cisterns;
"tenement" includes any part of a tenement provided with a
constant supply, normally metered separately;
"trade effluent" means any liquid (either with or without particles
of matter in suspension or dissolved in it) other than surface water
and domestic sewage, which is discharged from premises used for
carrying on any commercial or industrial activity;
"trade premises" means any land or building, used partly or in
whole for the purpose of undertaking any commercial or industrial
activity. For the purpose of this definition, it also means any
premises wholly or mainly used (whether for profit or not) for
agriculture or horticultural purposes or for scientific research or
experiment;
"watercourse" means any ditch, valley, ravine, gutter, channel or
pipe, through or along which spring or surface-water flows
continually or from time to time;
"water fittings" includes pipes other than mains, taps, cocks,
valves, ferrules, meters, cisterns, baths, water closets, and other
similar apparatus used in connection with the supply and use of
water;
"water pump" means any mechanical device for the purpose of
raising, boosting and/or circulating water from any source or place
whatsoever; and a water pump shall be deemed to have been
installed on a site when its component parts have been assembled
as to be reasonably deemed to be in a condition to raise, boost, and/
or circulate water from any source or place whatsoever and
"installation" shall be construed accordingly;
"water resources" means water which for the time being is:
( a ) contained in any mains or service;
( b ) inland water as is situated therein such as ponds or
reservoirs; and
( c ) any underground strata, including water for the time
being contained in a well, borehole or similar work or
in any excavation into underground strata where the
level of water in the excavation depends wholly or
mainly on water entering it from those strata;
"waterworks" means all collecting areas, conduits (except all
such conduits as are "services" within the meaning of this Act),
cisterns, wells, galleries, dams, weirs, machines, pumps, valves,
sluices, and other appliances which are used or intended to be used
for obtaining, pumping, raising, collecting, processing,
desalination, polishing, storing or conveying water which is to be
supplied or distributed; and includes those works in which water is
received or contained or by which water is conveyed, supplied or
distributed;
"wholesome water" means water the quality of which is in
  WATER SERVICES CORPORATION [ CAP. 355.        5
accordance with standards set by the Department of Health in the
light of circumstances prevailing at the time.
(2) Any reference in this Act to regulations, rules or orders
made under this Act shall include a reference to regulations, rules
or orders kept in force by this Act.
PART II
Constitution, Functions and Composition of the 
Water Services Corporation
Establishment and 
functions of the 
Water Services 
Corporation.
Amended by:
XXV. 2000.36.
3. (1) There is hereby established a corporation to be known
as the Water Services Corporation.
(2) Subject to the provisions of this Act and to any requirement
provided under any other law, the Corporation may -
( a ) to acquire, produce, keep, distribute, sell, export or
otherwise dispose of water (other than bottled table
water) for domestic, commercial, industrial or other
purposes;
( b ) to conserve, augment and operate water resources and
sources of water supply;
( c ) to undertake and perform such other functions relating
to water conservation, supply and distribution as it
may deem appropriate;
( d ) to provide for the treatment and for the disposal or re-
use, as appropriate, of sewage and waste water;
( e ) to provide as appropriate for the use of stormwater
run-off from urban and rural areas.
(3) Subject to the provisions of this Act, and to any
requirement provided under any other law, it shall be the duty of
the Corporation -
( a ) to develop, maintain and promote a safe and efficient
production and distribution system in order to satisfy,
as economically as possible, all reasonable demands
for water;
( b ) to determine the short-term and long-term objectives
of the Corporation in relation to water supply, disposal
and re-use and to develop the necessary strategy and
policies to reach these objectives;
( c ) (i) to provide, improve and extend such a system of
public sewers and to cleanse and maintain these
sewers so as to ensure that the drainage system
operates and continues to operate safely and
effectively;
(ii) to make provisions for the operation of these
sewers and such further provisions as are
necessary from time to time for effectively
dealing with the contents of these sewers by
means of sewage treatment and disposal works
  6      CAP. 355. ]         WATER SERVICES CORPORATION
or otherwise; 
( d ) to have regard in performing its duty under this
subarticle of the need to provide for the treatment and
disposal or otherwise of trade effluent;
( e ) to promote the proper disposal of waste water and
stormwater run-off;
( f ) to advise the Minister on any matter relating to any of
its functions under this Act;
( g ) to manage and operate all undertakings and other
installations and all property, transferred to and vested
in the Corporation by virtue of this Act or otherwise
acquired by the Board for the purposes of any of its
functions;
( h ) to hold and administer and, if and when it thinks fit, to
realise any assets it may hold from time to time;
( i ) to promote the reasonable use of water and encourage
the conservation and appropriate re-use of water
resources;
( j ) to carry out tests relating to water fittings for the
purpose of preventing the waste, undue consumption,
misuse, erroneous measurement or contamination of
water;
( k ) to provide training courses and other schemes in
connection with the furthering of the science and
technology of water management;
( l ) to collaborate with other local organisations in placing
and coordinating services including water purification,
electrical power, telecommunications, road services,
agriculture and industry; and
( m ) to promote and undertake alone or in collaboration
with other institutions, the research and development
of new technology and new ideas in the production and
treatment of water, in distribution and disposal
networks, water desalination and polishing, sewage
treatment disposal and re-use, plant, transport and
equipment, water resources management and water
catchment management.
(4) For the purpose of any of its functions, the Corporation
may, subject to the provisions of this Act -
( a ) acquire, construct, reconstruct, maintain and operate
any installation;
( b ) acquire any property which the Corporation considers
necessary or expedient for the purposes of
constructing, extending or maintaining any installation
or otherwise carrying out its functions under this Act;
( c ) do all acts and things necessary for the purpose of
carrying out its functions under this Act: provided that
the opening and breaking up of the surface of any
  WATER SERVICES CORPORATION [ CAP. 355.        7
street for any of the purposes aforesaid shall not be
undertaken without the approval of the Malta
Transport Authority;
( d ) carry on, whether as principal or as agent or as a
contractor, or in collaboration with any other person or
persons, all such other activities as may appear to the
Corporation requisite, advantageous or convenient to
be carried out for or in connection with the
performance of any of its functions under this Act or in
order to make the best use of the assets of the
Corporation;
( e ) ( deleted by XXV.2000.36 );
( f ) exercise any other power vested in it by this Act or
otherwise.
(5) In carrying out its functions under this Act, the Corporation
shall -
( a ) be in a possession of such licences, permits or other
authorisations;
( b ) be subject to such regulations, rules, orders, directions,
standards and other regulatory provisions,
Cap. 423.
Resources Authority Act or any other law.
Legal personality 
and representation 
of the Corporation.
4. (1) The Corporation shall be a body corporate having a
distinct legal personality and shall be capable, subject to the
provisions of this Act, of entering into contracts, of acquiring,
holding and disposing of any kind of property or rights for the
purposes of its functions, of suing and being sued, and of doing all
such things and entering into all such transactions as are conducive
or incidental to the exercise or performance of its functions under
this Act.
(2) The legal representation of the Corporation shall vest in the
Chairman or in such other member or members of the Board of
Directors as the Board may by resolution designate. Any such
resolution shall be published in the Government Gazette as soon as
may be after approval and shall not have effect until it is so
published:
Provided that the Board may delegate any of its powers to
any of its members or to any of its officers or servants and may
authorise any such person to appear on any contract, deed or other
instrument for or on behalf of the Corporation and to sign for or on
its behalf any such contract, deed or instrument, as well as any
other document, including cheques and bills of exchange and the
Board may also ratify and accept any thing done for and on its
behalf without such authority.
Establishment and 
composition of the 
Board.
5. (1) There shall be a Board of the Corporation, hereinafter
referred to as the Board, which shall be responsible for the
formulation of the policy of the Corporation and to whom the Chief
Executive shall be responsible for the general administration of the
affairs and business of the Corporation.
  8      CAP. 355. ]         WATER SERVICES CORPORATION
(2) The Board shall consist of not more than nine members.
One of the members shall be elected by secret ballot by and from
amongst the employees of the Corporation who are eligible to vote
in accordance with regulations made under article 6; the other
members of the Board, hereinafter referred to as the appointed
members, shall be appointed by the Minister.
(3) The Minister shall designate one of the appointed members
as Chairman and another such member as Deputy Chairman. The
Deputy Chairman shall have all the powers and perform all the
functions of the Chairman during his absence or until a new
Chairman has been appointed following the resignation,
termination of appointment or death of the Chairman.
(4) The Chairman and all the other appointed members of the
Board shall be appointed by the Minister from amongst persons,
appearing to him to have had experience, and shown capacity, in
matters relating to water technology, or water or waste water
management, or the organisation of workers, or of finance or
administration, and after having taken regard of their experience
and familiarity with the requirements and circumstances of
agriculture, industry, commerce and tourism and with matters
related to the conservation of the environment and the development
of public amenities.
The members shall receive out of the funds of the
Corporation such remuneration as the Minister may from time to
time determine.
(5) Subject to the provisions of this Act, and to any directions
of the Board, the executive conduct of the Corporation, its
administration and organisation and the administrative control of
its officers and other employees shall be the responsibility of the
Chief Executive of the Corporation, who shall also have such other
powers as may from time to time be delegated to him by the Board.
The Chief Executive shall be notified of and shall have the
right to attend and be heard at all meetings of the Board. He shall
not, however, have a vote or be counted for the purpose of
constituting a quorum.
Cap. 9. (6) The provisions of the Criminal Code in respect of public
officers or servants shall apply to the members of the Board, the
Chief Executive and all other officers and employees of the
Corporation.
Regulations 
regarding 
elections.
6. The Minister may make regulations for giving effect to the
provisions of this Act regarding the election of the member of the
Board to be elected by its employees and in particular but without
prejudice to the generality of the provision of the foregoing, any
regulation may -
( a ) provide for holding the elections, and for the conduct
and supervision thereof;
( b ) prescribe the category of workers who may or may not
vote or stand for election to the Board;
( c ) determine the period for which a worker shall be so
  WATER SERVICES CORPORATION [ CAP. 355.        9
elected;
( d ) prescribe the circumstances wherein a member shall
vacate his office;
( e ) determine the time for holding an election after a
vacancy;
( f ) prescribe anything in respect of any other matter
relating to such election as the Minister may deem
necessary or expedient.
Duration of 
appointment to the 
Board of Directors.
 7. Subject to the provisions of articles 8 and 10, the appointed
members of the Board shall hold office for such period and on such
terms and conditions as the Minister may deem appropriate; and a
member shall, on ceasing to be a member, be eligible for
reappointment or re-election as the case may be:
Provided that the Minister may at any time terminate the
appointment of any appointed member of the Board if, in his
opinion, such member is unfit to continue in office or has become
incapable of properly performing his duties as a member of the
Board or fails to attend the meetings of the Board without
reasonable cause for at least three successive meetings.
Disqualification 
from being a 
member of the 
Board of Directors.
8. A person shall be disqualified for appointment or election
to, or for remaining a member of, the Board if he -
( a ) is a member of the House of Representatives, or 
( b ) is legally incapacitated, or
( c ) under the law of any country has been adjudged
bankrupt or has made a composition or arrangement
with his creditors, or
( d ) has been convicted of a crime affecting public trust or
theft or fraud or of knowingly receiving property
obtained by theft or fraud, or
( e ) has any financial or other interest in any enterprise or
activity as is likely to affect prejudicially the discharge
by him of his functions as a member of the Board.
Temporary 
retirement from 
sittings of the 
Board.
9. Any member who has a direct or indirect interest in any
contract made or proposed to be made by the Corporation, not
being an interest which disqualifies such member from remaining a
member, shall disclose the nature of his interest at the first meeting
of the Board after the relevant facts have come to his knowledge,
and after the disclosure has been recorded in the minutes of the
Board, that member shall withdraw from any meeting at which such
contract is discussed or decided on by the Board.
Resignation from 
the Board and 
publication of 
appointment and 
termination of 
office.
10. (1) A member of the Board may resign his office by letter
addressed to the Minister.
(2) The appointment or election of any person as member of the
Board and the termination of office of any such member shall be
notified in the Government Gazette.
  10      CAP. 355. ]         WATER SERVICES CORPORATION
Meetings of the 
Board.
11.  (1)( a ) The Board shall meet as often as may be necessary or
expedient, but in no case less frequently than once
every three months. The meetings of the Board shall
be called by the Chairman either on his own initiative
or at the request of any two of the other members.
( b ) Without prejudice to the other requirements of this Act
no decision shall be valid which is not supported by at
least two members of the Board or which is taken at a
meeting of the Board at which the Chairman, or in his
absence the Deputy Chairman, is not present.
(2) Half the number of members for the time being constituting
the Board shall form a quorum at any meeting. Decisions shall be
adopted by a simple majority of the votes of members present. In
the event of an equality of votes, the Chairman, or in his absence
the Deputy Chairman, shall have and exercise a second or casting
vote.
(3) Minutes must be kept of the proceedings of the Board and
of any committee thereof.
(4) Subject to the provisions of this Act, the Board may
regulate its own procedure.
Validity of the acts 
of the Board.
12. (1) Subject to the provisions of article 11, no act or
proceeding of the Board shall be invalidated merely by reason of
any vacancy among the members.
(2) All acts done by any person acting in good faith as a
member of the Board shall be valid as if he were a member,
notwithstanding that some defect in his appointment or
qualification be afterwards discovered. No act or proceeding of the
Board shall be questioned on the ground of the contravention by a
member of the provisions of article 9.
Staff appointments. 13. Subject to the provisions of the Constitution and of any
other enactment applicable thereto, the appointment of officials and
other employees of the Corporation shall be made by the Board.
The terms and conditions of employment shall be comparable with
those of employees in the service of the Government and shall be
established by the Board with the concurrence of the Minister.
Nothing in this article shall be construed as precluding the
establishment, by the Corporation with the approval of the Minister
given after consultation with the Minister responsible for finance,
of schemes of incentives related to productivity or performance.
Improving the 
skills of 
employees.
14. The Corporation shall make provision for improving the
skill of persons employed by it and in doing so shall comply with
any scheme for training and education in force under paragraph   ( k )
of article 3(3).
Powers of the 
Minister in relation 
to the Board.
15. The Minister may in relation to matters that appear to him
to affect the public interest, from time to time give to the Board
directions in writing of a general character, not inconsistent with
the provisions of this Act, on the policy to be followed in the
carrying out of the functions vested in the Corporation by or under
  WATER SERVICES CORPORATION [ CAP. 355.        11
this Act, and the Board shall give effect to all such directions as
soon as practicable.
Duties of the Board 
towards the 
Minister.
16. The Board shall afford to the Minister facilities for
obtaining information with respect to the property and activities or
prospective activities of the Corporation and furnish him with
returns, accounts and other information with respect thereto, and
afford him facilities for the verification of information furnished, in
such manner and at such times as he may reasonably require.
Exemption from 
taxation.
Amended by: 
XV.1995.9.
17. The Corporation shall be exempt from any liability for the
payment of stamp duty under any law for the time being in force.
Duties of the 
Corporation in 
relation to the 
supply of water.
Substituted by:
XXV. 2000.36.
18. (1) Subject to the provisions of this Act and to any
requirement under any other law, the Corporation may -
( a ) supply water to such persons, in such manner and
under such conditions as may be authorised by the
Malta Resource Authority;
( b ) ensure the sufficiency, pressure and wholesomeness of
water supplies;
( c ) in so far as it is able to do so, augment water resources
and for such purpose to treat salt water by any process
for removing salt or other impurities, or make use of
the most appropriate technology for supplementing the
natural water resources;
( d ) to the extent that it is so authorised to do, survey any
land, to inspect any well and to cause the sinking of
bores or other works for the purpose of ascertaining
the nature of the subsoil or the presence, quality or
quantity of underground water in it and to cause the
sinking of shafts and the driving of subterranean
galleries.
(2) The Corporation may provide technical assistance to other
persons desirous of sinking wells, driving galleries, constructing
conducts or otherwise to improve their water supply.
Provision of 
sewage services, 
etc.
Amended by:
XXV. 2000.36.
19. Subject to the provisions of this Act and of any other law,
the Corporation may, in so far as it is able so to do -
( a ) provide a public sewer system to be used for the
drainage of domestic sewage;
( b ) take such steps from time to time as may be necessary
for ascertaining the cleanliness, safety and efficiency
of such services; 
( c ) take all actions as it may from time to time consider
necessary or expedient for augmenting and improving
the means of disposal and the ways of treating the
contents of such services;
( d ) take such steps from time to time as may be necessary
for ensuring the safe discharge, reception, treatment
and disposal of trade effluent;
( e ) take all actions as it may from time to time consider
  12      CAP. 355. ]         WATER SERVICES CORPORATION
necessary to encourage the re-use of treated effluent;
( f ) to carry out tests and to make regulations relating to
waste and sewage connections for the purpose of
ensuring the proper and fit disposal of waste water and
sewage;
( g ) take all actions necessary or expedient to re-use
stormwater run-off as appropriate.
Default powers. 20. (1) Where written complaint is made to the Minister that
the Corporation has failed - 
( a ) to give an adequate supply of water, either as respects
quantity or quality, or to give any supply which it has
been lawfully required to give; or
( b ) to take such steps as are reasonably practicable for the
purpose of remedying any such failure; or
( c ) to do anything which it is required to do by or under
this Act;
and where the Minister is of the opinion that an investigation
should be made as to whether the Corporation has failed in any of
these matters, he may cause an inquiry to be held into the matter.
(2) If after such an inquiry has been held it appears to the
Minister that there has been such a failure, as is referred to in
subarticle (1), he may make an order declaring the Corporation to
be in default and directing it to remedy the default and to discharge
such of its functions in such manner and within such time or times
as may be specified in the order.
Limits of Liability. 21. (1) The Corporation shall not be liable for any damage to
any person or any property relating to installation of the supply of
water which may be due to unavoidable accident, fair wear and tear
or to unauthorised connection of water fittings or to defects in any
installation not provided by the Corporation.
(2) Without prejudice to the provisions of article 18(2), the
Corporation is not liable, in the absence of negligence and subject
to the provisions of this Act, for any nuisance or any damage
attributable to the performance of a duty imposed by this Act.
(3) The Corporation is not liable in particular for any nuisance
or damage caused by flooding arising from the action of naturally
occurring storms, groundwater or the action of the sea.
The Corporation 
and Enemalta.
22. (1) The provisions of the Schedule to this Act shall have
effect with respect to the operation by the Corporation of meter-
reading, account keeping and bill collecting service common to,
and in the joint interest of, the Corporation and Enemalta and to the
exercise and performance by the Corporation on behalf of Enemalta
of such functions as are or as may from time to time be lawfully
vested in relation to the acts and matters specified in paragraph 1 of
the said Schedule.
(2) If, after consultation with the Corporation and with
Enemalta, the Minister is satisfied that it is no longer necessary or
  WATER SERVICES CORPORATION [ CAP. 355.        13
expedient for such joint service to be maintained as aforesaid, he
may by order revoke the Schedule to this Act, and any agreement
entered into between the Corporation and Enemalta in pursuance of
paragraph 6 of that Schedule or kept in force under this Act as if it
had been so entered into (hereinafter in this article referred to as
"the agreement") shall thereupon cease to have effect.
(3) The Minister may from time to time, with the concurrence
of the Corporation and of Enemalta, by order vary the provisions of
the Schedule to this Act to such extent and in such manner as the
Minister may determine; and as from such date on which any such
order comes into force the provisions of the agreement shall have
effect subject to such modifications as may be necessary to prevent
any inconsistency between the provisions of the agreement and the
provisions of the said Schedule as varied by such order.
(4) Any order made under this article may contain such
transitorial, supplementary and incidental provisions as the
Minister, after consultation with, or with the concurrence of the
Corporation and Enemalta, may deem to be necessary or expedient
for the purpose of the order.
PART III 
Financial provisions
Power to borrow or 
raise capital.
23. (1) The Corporation may, with the approval in writing of
the Minister given after consultation with the Minister responsible
for finance, borrow, secure or raise money by debentures,
debenture stock, or other security, for any one or more of the
following purposes of the Corporation:
( a ) the provision of working capital;
( b ) the carrying out of the functions of the Corporation
under this Act;
( c ) the provision of capital for the expansion of and
addition to the fixed assets of the Corporation;
( d ) the redemption of any debentures or debenture stock or
other security that the Corporation is required or
entitled to redeem;
( e ) any other expenditure properly chargeable to capital
account.
(2) The Corporation may, from time to time, borrow by way of
overdraft or otherwise, for periods not exceeding twelve months,
such sums as the Board may require for carrying out its functions
under this Act:
Provided that for any amount in excess of two hundred
thousand liri, there shall be required the approval in writing of the
Minister.
Borrowing by 
advances from the 
Government.
24. (1) Whenever it may be necessary for the Corporation to
borrow by way of advances from the Government any sums which
may be required for carrying out any of the functions of the
  14      CAP. 355. ]         WATER SERVICES CORPORATION
Corporation under this Act, the Minister responsible for finance
after consultation with the Minister may, by warrant under his hand
and without further appropriation other than this Act, authorise the
Accountant General to make advances to the Corporation either out
of the proceeds of any loan contracted or raised for the purpose or
out of the Consolidated Fund; and such advances shall be made on
such terms and conditions as the Minister responsible for finance
may direct.
(2) The Minister responsible for finance may, for any of the
requirements of the Corporation of a capital nature, contract or
raise loans, or incur liabilities, for such periods and on such terms
and conditions as he may deem appropriate; and any sum due in
respect of or in connection with any such loan or liability shall be a
charge on the Consolidated Fund.
(3) Notice of any loans, liabilities or advances made or
incurred under the foregoing provisions of this article shall be
given to the House of Representatives as soon as practicable.
(4) Pending the raising of any such loan as is mentioned in
subarticle (2) or for the purposes of providing the Corporation with
working capital the Minister responsible for finance may, by
warrant under his hand and without further appropriation other than
this Act, authorise the Accountant General to make advances out of
the Treasury Clearance Fund to the Corporation under such terms
as shall be specified by the said Minister upon the making thereof.
(5) Sums received by the Accountant General from the
Corporation in respect of advances made to the Corporation under
subarticle (4) shall be paid, as respects amounts received by way of
repayment into the Treasury Clearance Fund, and, as respects
amounts received by way of interest, into the Consolidated Fund.
Application of 
revenue.
25. (1) The revenue of the Corporation for any financial year
shall be applied in defraying the following charges:
( a ) the remuneration, fees and allowances of the members
of the Board;
( b ) the salaries or wages, fees, remuneration, pensions,
superannuation allowances, gratuities and other
allowances of the officers, employees, agents and
technical or other advisers of the Corporation, and
payments for the maintenance of any pension scheme
or other scheme established under the provisions of
this Act, and any payment to the Government on
account of pensions or gratuities under article 39 or
40;
( c ) the establishment and working expenses and
expenditure on, or the provision for, the maintenance
of any of the installations of the Corporation, and the
discharge of the functions of the Corporation properly
chargeable to revenue account;
( d ) interest on any debentures, debenture stock or other
security issued, interest on any overdraft and on any
  WATER SERVICES CORPORATION [ CAP. 355.        15
loan raised, or advances received by the Corporation;
( e ) sums required to be transferred to a sinking fund or
otherwise set aside for the purpose of making
provision for the redemption of debentures or
debenture stock or other security or for the repayment
of other borrowed money;
( f ) such sums as may be deemed appropriate to be set
aside in respect of depreciation on the property of the
Corporation having regard to the amount set aside out
of revenue under paragraph ( e );
( g ) the payment of any other expenditure approved by the
Board and properly chargeable to revenue account.
(2) Subject to such directions as the Minister, after consultation
with the Minister responsible for finance, may from time to time
give, any excess of revenue over expenditure shall be applied by
the Corporation to the creation of reserve funds to finance future
expansion of the Corporation; and without prejudice to the
generality of the powers given to the Minister by this subarticle,
any direction given by the Minister as aforesaid, any part of such
excess may be transferred to the Government, or may be applied in
such manner as may be specified in the direction.
Investment of 
funds.
26. Any funds of the Corporation not immediately required to
be expended in the meeting of any obligations or the carrying out of
any functions of the Corporation may be invested from time to time
in such manner as may be approved by the Minister responsible for
finance.
Prices, fees and 
other charges by 
the Corporation.
Substituted by:
XXV. 2000.36.
Cap. 423.
27. The charges, prices and fees to be charged by the
Corporation for any service or facility provided by it under this Act
shall be as may be prescribed subject to such regulation or rate
mechanisms that may from time to time be applicable to such
services or facilities under the Malta Resources Authority Act.
Estimates of the 
Corporation.
28. (1) The Corporation shall in every financial year cause to
be prepared, and shall not later than six weeks before the end of
each such year adopt, estimates of the incomes and expenditure of
the Water Services Corporation for the next following financial
year.
(2) The estimates shall be made out in such form and shall
contain such information and such comparisons with previous years
as the Minister shall direct.
(3) A copy of the estimates of the Corporation shall upon their
adoption by the Board be sent forthwith by the Board to the
appropriate Minister together with a report of the activities of the
Corporation during the previous financial year.
(4) The Minister shall, at the earliest opportunity and not later
than the first sitting of the House after four weeks from the receipt
of the copy of the estimates and report of the Corporation referred
to in subarticle (3), cause such estimates and report to be laid
before the House of Representatives together with a motion that the
House approve the said estimates. Not more than two sittings shall
  16      CAP. 355. ]         WATER SERVICES CORPORATION
be allotted for the debate in the House on such a motion; and both
the motion and the approval of the estimates by the House may be
with or without amendments to the estimates.
(5) No expenditure shall be made or incurred by the
Corporation that has not been approved by the House of
Representatives:
Provided that -
( a ) until the expiration of six months from the beginning
of a financial year or until the approval of the
estimates for that year by the House, whichever is the
earlier date, the Corporation may make or incur
expenditure for carrying on its functions under this Act
not exceeding in the aggregate one-half of the amount
approved for the preceding financial year;
( b ) expenditure approved in respect of a head or subhead
of the estimates may, with the approval of the Minister,
be incurred in respect of another head or subhead of
the estimates;
( c ) if in respect of any financial year it is found that the
amount approved by the House is not sufficient or a
need has arisen for expenditure for a purpose not
provided for in the estimates, the Board may adopt
supplementary estimates for approval by the House,
and pending such approval may in special
circumstances and with the approval of the Minister,
incur the relative expenditure; moreover in such case
the provisions of this Act applicable to the estimates
shall as soon as practicable apply to the supplementary
estimates: 
Provided further that in respect of the first financial year of
the Corporation this article shall apply as if it required the Board to
adopt estimates for that year not later than twelve weeks from the
appointed day * , and as if, until the approval of the estimates for
that year by the House, and subject to the total expenditure for that
year not exceeding the amount approved by the House, no limits
were placed on the power of the Corporation to make or incur
expenditure.
(6) All estimates and supplementary estimates approved by the
House shall, as soon as practicable, be published in the
Government Gazette.
(7) This article shall apply to the first and subsequent financial
years.
Accounts and 
audit.
Amended by:
XVI. 1997.8.
29. (1) The Corporation shall cause to be kept proper accounts
and other records in respect of its operations, and shall cause to be
prepared an interim statement of account for the second period of
six months in respect of each financial year, together with a
statement of account covering the whole financial year and giving a
*20th January, 1992 -  see  Legal Notice 7 of 1992.
  WATER SERVICES CORPORATION [ CAP. 355.        17
true and fair view of its state of affairs.
(2) The accounts of the Corporation shall be audited by an
auditor or auditors to be appointed by it and approved by the
Minister: 
Provided that the Minister may require the books and
accounts of the Corporation to be audited or examined by the
Auditor General who shall for this purpose have power to carry out
such physical checking and other verifications as he may deem
necessary.
(3) The interim statement of account in respect of the first
period of six months of each financial year, duly audited, shall be
adopted by the Board not later than six weeks after the end of such
period and shall be transmitted forthwith to the Minister together
with a copy of any report made by the auditor or auditors on that
statement or on the account of the Corporation.
(4) The statement of account in respect of the second period of
six months of each financial year together with the statement of
account in respect of the whole financial year, both duly audited,
shall be adopted by the Board not later than ten weeks after the end
of the financial year and shall be transmitted forthwith to the
Minister together with a copy of any report made by the auditor or
auditors on those statements or on the accounts of the Corporation.
(5) Before the end of each financial year, the Minister shall
cause to be laid on the Table of the House of Representatives,
together with the motions laid before the House under article 28, a
copy of the following:
( a ) the interim statement of account and any report in
respect of the first six months of the current financial
year;
( b ) the statement of account and any report in respect of
the second six months of the immediately preceding
financial year; and
( c ) the statement of account and any report in respect of
the immediately preceding full financial year.
Cash deposits and 
payments.
30. (1) All moneys of the Corporation accruing from any
operations under this Act shall be paid into a bank or banks
appointed by resolution of the Board and approved by the Minister.
Such money shall as far as practicable, be paid into that bank from
day to day, except for such sum as the Board may authorise to be
retained to meet petty disbursements and immediate payments.
(2) All payments out of the funds of the Corporation, except
petty disbursements not exceeding a sum to be fixed by the Board,
shall be made by such officer or officers of the Corporation as the
Board shall appoint or designate for that purpose.
(3) Cheques against or withdrawals from any bank account of
the Corporation shall be signed by such officer of the Corporation
as may be designated by the Board for that purpose and shall be
countersigned by the Chairman or such other member of the Board
  18      CAP. 355. ]         WATER SERVICES CORPORATION
or other officer of the Corporation as may have been authorised by
the Board for that purpose.
(4) The Corporation shall also provide for all matters necessary
for the proper keeping and control of its accounts and books and for
control of its finances.
Annual Report. 31. The Board shall, not later than six weeks before the end of
each financial year, make and transmit to the Minister a report
dealing generally with the activities of the Corporation during that
year and containing such information relating to the proceedings
and policy of the Corporation as the Minister may from time to
time require. Such report shall be transmitted to the Minister and
laid before the House as provided in article 28.
PART IV
Transfer to the Corporation of Government Undertakings
Transfer to the 
Corporation of 
public 
undertakings.
32. (1) With effect from the appointed day *  all public
undertakings shall, by virtue of this Act, and without further
assurance, be transferred to, and shall vest in, the Corporation
under the same title by which they were held by the Government
immediately before that day.
(2) Such transfer shall extend to the whole of such public
undertakings and shall include all plant, lands, works and other
property movable or immovable, assets, powers, rights, privileges
and causes of action held or enjoyed in connection therewith or
appertaining thereto.
Construction of 
existing laws, 
contracts, etc.
33. Subject to the provisions of this Act, all laws, rules,
regulations, orders, judgements, documents, warrants and working
arrangements, subsisting immediately before the appointed day † ,
affecting any of the transferred undertakings shall have full force
and effect against or in favour of the Corporation and shall be
enforceable as fully and effectually as if, instead of the
Government, the Corporation had been named therein or had been a
party thereto, as the case may be.
Transitory 
provisions.
34. (1) Where anything has been commenced by or under the
authority of the Government prior to the appointed day *  and such
thing is in relation to any of the transferred undertakings or any
right or liability transferred by or under this Act, such thing may be
carried on and completed by or under the authority of the
Corporation.
(2) Where at the appointed day *  any legal proceeding is
pending to which the Government is a party or is entitled to be a
party and such proceeding has reference to any of the transferred
undertakings or any right or liability transferred by or under this
Act, the Corporation shall be substituted in such proceeding for the
Government or shall be entitled to be so substituted.
*20th January, 1992 -  see  Legal Notice 7 of 1992.
†20th January, 1992 -  see  Legal Notice 7 of 1992.
  WATER SERVICES CORPORATION [ CAP. 355.        19
(3) The Minister may by order make such incidental,
consequential and supplemental provisions as may be necessary or
expedient for the purpose of securing and giving full effect to the
transfer of any undertaking or any, right or liability to the
Corporation by or under this Act and may make such orders as may
be necessary to make any powers and duties exercised by the
Government, in relation to any of the transferred undertakings,
exercisable by and on behalf of the Corporation.
Creation of 
permanent 
debenture stock in 
favour of the 
Government.
35. (1) As soon as practicable after the commencement of this
Act, the Board shall create and issue in favour of the Government,
in respect of the net value of the assets transferred to the Board by
the Government under the provisions of this Act, permanent
debenture stock bearing interest at six  per centum  a year payable at
such times and under such conditions as shall be agreed to between
the Government and the Board.
(2) The said net value shall be agreed upon between the
Government and the Board.
PART V
Officers and Other Employees of the Corporation
Appointment and 
functions of Chief 
Executive and of 
other officers and 
employees of the 
Corporation.
36. The Corporation shall appoint and employ at such
remuneration and upon such terms and conditions as it may, in
accordance with article 13, determine, such officers and other
employees as may from time to time be necessary for the due and
efficient discharge of its functions:
Provided that the Chief Executive shall be selected and
appointed with the approval of the Minister.
Superannuation 
schemes, etc., for 
officers and 
employees of the 
Corporation.
37. (1) Subject to the approval of the Minister, and so far as
consistent with the provisions of this Part relating to public officers
who accept permanent employment with the Corporation and to
other Government employees transferred to the service of the
Corporation, the Corporation may establish a scheme or schemes
for the payment of superannuation allowances, pensions or
gratuities to officers and employees of the Corporation who retire
from its service or otherwise cease to hold office with it by reason
of age, or of infirmity of body or mind, or of abolition of office.
(2) No assurance on the life of any contributor under any such
scheme, and no moneys or other benefits payable under any such
assurance, and no pension, gratuity or other allowance granted
under any such scheme to any person who has been employed by
the Corporation, shall be assignable or transferable, or liable to be
attached or seized for or in respect of any debt or claim whatsoever,
other than a debt due to the Corporation.
Detailing of public 
officers for duty 
with the 
Corporation.
38. (1) Such public officers, employed in the Water Works
Department or such other departments of Government whose
functions are from time to time transferred to the Corporation,
immediately before the coming into force of this article in relation
to such department, as the Prime Minister shall direct, shall as from
  20      CAP. 355. ]         WATER SERVICES CORPORATION
the date specified in the direction, be detailed for duty with the
Corporation in such capacity as may be specified in the Prime
Minister’s direction.
(2) Any direction given by the Prime Minister before the date
of the coming into force of this article for the purpose of detailing
any such officers as aforesaid for duty with the Corporation as
aforesaid shall be of the same effect and validity as it would have
had, had such direction been given after such date.
(3) The Prime Minister may also, at the request of the
Corporation, from time to time direct that any public officer shall
be detailed for duty with the Corporation in such capacity and with
effect from such date as may be specified in the Prime Minister’s
direction.
(4) The period during which a direction given under the
preceding provisions of this article shall apply to any officer
specified therein, shall, unless the officer dies, or retires from the
public service, or otherwise ceases to hold office at an earlier date,
or unless a different period is specified in such direction, end on the
happening of any of the following events, that is to say:
( a ) the acceptance by such officer of an offer of transfer to
the service of, and permanent employment with the
Corporation made in accordance with the provisions of
article 40; or
( b ) the revocation of such direction by the Prime Minister,
in relation to such officer.
(5) Where a direction given by the Prime Minister under any of
the subarticles (1), (2) or (3) hereof is revoked by the Prime
Minister in relation to any officer, the Prime Minister may, by
further direction, detail such officer for duty with the Corporation
in such capacity and with effect from such date as may be specified
in the Prime Minister’s direction, and the provisions of subarticle
(4) shall thereupon apply to the period of duration of any such
further direction in relation to such officer.
Status of public 
officers detailed 
for duty with the 
Corporation.
39. (1) Where any officer is detailed for duty with the
Corporation by any direction given under the provisions of article
38, such officer shall, during the time in which such direction has
effect in relation to him be under the administrative authority and
control of the Corporation but he shall for all other intents and
purposes remain and be considered and treated as a public officer.
(2) Without prejudice to the generality of the foregoing, an
officer detailed for duty as aforesaid -
( a ) shall not during the time in respect of which he is so
detailed:
(i) be precluded from applying for a transfer to a
department of the Government in accordance
with the terms and conditions of service attached
to the appointment under the Government held
by him at a date on which he is so detailed for
duty; or
  WATER SERVICES CORPORATION [ CAP. 355.        21
(ii) be so employed that his remuneration and
conditions of service are less favourable than
those which are attached to the appointment
under the Government held by him at the date
aforesaid or which would have become attached
to such appointment, during the said period, had
such officer not been detailed for duty with the
Corporation;
Cap. 93.
Cap. 58.
( b ) shall be entitled to have his service with the
Corporation considered as service with the
Government for the purposes of any pension, gratuity
or benefit under the Pensions Ordinance and the
Widows’ and Orphans’ Pensions Act and of any other
right or privilege to which he would be entitled, and
liable to any liability to which he would be liable, but
for the fact of his being detailed for duty with the
Corporation.
(3) Where an application is made as provided in subarticle
(2)( a )(i), the same consideration shall be given thereto as if the
applicant had not been detailed for service with the Corporation.
(4) The Corporation shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer detailed for duty with the
Corporation aforesaid during the period in which he is so detailed.
Offer of permanent 
employment with 
the Corporation to 
public officers 
detailed for duty 
with the 
Corporation.
40. (1) The Corporation may, with the approval of the Prime
Minister and upon such terms and conditions in accordance with
article 13, offer to any officer detailed for duty with the
Corporation under any of the provisions of article 38 permanent
employment with the Corporation at a remuneration and on terms
and conditions not less favourable than those enjoyed by such
officer at the date of such offer.
(2) The terms and conditions comprised in any offer made as
aforesaid shall not be deemed to be less favourable merely because
they are not in all respects identical with or superior to those
enjoyed by the officer concerned at the date of such offer, if such
terms and conditions, taken as a whole, in the opinion of the Prime
Minister, offer substantially equivalent or greater benefits.
Cap.93.
Cap.58.
(3) Every officer who accepts permanent employment with the
Corporation offered to him under the provisions of subarticle (1)
shall, for all purposes other than those of the Pensions Ordinance
and of the Widows’ and Orphans’ Pensions Act, be deemed to have
ceased to be in service with the Government and to have entered
into service with the Corporation on the date of his acceptance, and
for the purposes of the said Ordinance and of the said Act, so far as
applicable to him, service with the Corporation shall be deemed to
be service with the Government within the meanings thereof
respectively.
  22      CAP. 355. ]         WATER SERVICES CORPORATION
Cap.58.
(4) Every such officer as aforesaid who, immediately before
accepting permanent employment with the Corporation was a
contributor under the Widows’ and Orphans’ Pensions Act shall
continue to benefit thereunder to all intents as if his service with
the Corporation were service with the Government.
(5) The Corporation shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for finance in respect of the cost of pensions
and gratuities earned by an officer who has accepted permanent
employment with the Corporation as aforesaid during the period
commencing on the date of such officer’s acceptance.
PART VI
Contracts and Power to Acquire or Dispose of Property
Contracts of supply 
or works.
41. Except with the approval of the Minister granted for
special reasons, the Corporation shall not enter into any contract
for the supply of goods or materials or for the execution of works
which is estimated by the Board to exceed three thousand liri in
value or such other sum as the Minister may with the concurrence
of the Minister responsible for finance by notice determine, unless
after notice of the intention of the Corporation to enter into the
contract has been published and competitive tenders have been
issued.
Power to acquire 
and dispose of 
property.
42. (1) Subject to the provisions of the last preceding article
the Corporation may for the purpose of the due and efficient
discharge of its functions under this Act - 
( a ) purchase or otherwise acquire and hold any movable
property and dispose of any such property; and
( b ) purchase or otherwise acquire and hold any lands or
other immovable property or interest therein and take
any such property on lease or on any other title
whatsoever.
(2) The Corporation may, with the written authority of the
Prime Minister, alienate or hypothecate any lands or other
immovable property or interest therein vested in the Corporation by
this Act or otherwise acquired by the Corporation and may also,
with the consent of the Minister, grant a lease of such lands or
property for any period.
PART VII
Miscellaneous Provisions
Licences for the 
supply, sale, etc., 
of water, water 
pumps and other 
apparatus related to 
the supply of 
water.
43. ( deleted by XXV.2000.36 ).
  WATER SERVICES CORPORATION [ CAP. 355.        23
Grant of licences 
by the Corporation 
and other 
arrangements.
44. ( deleted by XXV.2000.36 ).
Power to make 
regulations.
45. ( deleted by XXV.2000.36 ).
Publication of 
regulations in the 
Government 
Gazette.
46. Any order made under article 22 or under article 34(3)
shall be published in the Government Gazette.
Saving as to 
domestic wells.
47. ( deleted by XXV.2000.36 ).
Exemption from 
the provisions of 
this Act.
48. ( deleted by XXV.2000.36 ).
Power of entry for 
ascertaining 
conditions of 
installations etc.
Substituted by:
XXV. 2000.36.
49. Any officer of the Corporation duly authorised by the
Board may, at all reasonable times, enter into any premises -
( a ) to inspect, alter or repair any water fittings or service,
apparatus, installation, instrument, plant or accessories
belonging to the Corporation, whenever any service by
the Corporation is no longer required or where the
Corporation is authorised by or under this Act or any
other law;
( b ) to inspect, alter or repair any part of the sewers, waste
water or stormwater run-off systems owned by the
Corporation:
Provided that the Corporation shall repair all damage
caused by any such entry, alteration or repair.
Offences relating 
to precautions in 
the execution of 
works.
Amended by:
XXV. 2000.36.
50. (1) The execution of all work in connection with the
services given by the Corporation shall be carried out in such a
manner as may be prescribed under this Act or as may be required
by or under the provision of any other law.
(2) Any person who contravenes or fails to comply with the
provisions of this article shall be guilty of an offence under this
Act. 
Offences relating 
to installations, 
etc., supplied.
51. (1) No person shall use any water or any installation,
apparatus, fittings, instrument or their accessories, supplied by the
Corporation, or any water supplied for sale or disposal by or on
behalf of the Corporation, whether directly or indirectly, for
purposes other than that for which it is supplied; and any
declaration or clear indication by the Corporation as to the purpose
for which any thing as aforesaid has been supplied, shall be
conclusive evidence of such purpose.
(2) Any person who contravenes the provision of this article
shall be guilty of an offence against this Act.
Other offences.
Amended by:
XXV. 2000.36.
52. Any person who - 
( a ) obstructs or impedes any member of the Board or any
officer, agent or servant of the Corporation in the
exercise of his duties under this Act or under any
regulations made under this Act; or
  24      CAP. 355. ]         WATER SERVICES CORPORATION
( b ) contravenes or fails to comply with any of the
provisions of this Act or of any such regulations as
aforesaid or any order lawfully given under the
provisions of this Act or of such regulations,
shall be guilty of an offence against this Act.
Savings. 
Cap. 22.
Cap. 105.
Cap. 114.
G.N.133 of 1948.
53. * (1) All regulations, rules or orders and all licences made
under, or kept in force under the Water Supply Ordinance † , the
Irrigation Ordinance †  and the Underground Water Ordinance †
immediately before their repeal shall, with the necessary
modifications, adaptations and limitations, and all regulations,
rules or orders made under or kept in force by the Water Supply
Regulations, 1948, and in so far as these are not inconsistent with
the provisions of this Act, continue in force and have effect as if
they had been made or granted under this Act and may be revoked
or amended accordingly.
(2) Any licence, permit or other authority granted under any
enactment, or any provision thereof, repealed by this Act, and still
in force immediately before such repeal, shall continue in force
thereafter as if it were a licence issued under this Act, or, as the
case may require, and any such licence, permit or authority as
aforesaid shall be treated and dealt with accordingly.
Amended by: 
L.N. 129 of 1992.
SCHEDULE 
(Article 22)
Provisions to joint meter-reading, account-keeping and bill 
collection service and as to the exercise of certain functions by 
the Water Services Corporation on behalf of Enemalta
1. The Corporation is hereby appointed in the name and on
behalf of Enemalta to exercise and perform as fully and effectually
in all respects as Enemalta itself all such functions as are or may
from time to time be lawfully vested in Enemalta in respect of the
acts and matters following namely:
( a ) to demand, require, receive, accept, cancel, waive and
generally deal with any suretyship, security, deposit or
undertaking in respect of sums due to Enemalta for the
supply of electrical energy, meter charge and services
(hereinafter in this Schedule referred to as "sums due
to Enemalta");
( b ) to carry out the reading of meters for the purpose of
ascertaining the quantity of electrical energy supplied
and, where applicable, the maximum demand;
( c ) to keep accounts showing the sums due to Enemalta
and to preserve any books or documents relating to or
connected with such accounts;
*This article originally consisted of five subarticles; the original subarticles (1), (2)
and (4) have been omitted under the Statute Law Revision Act, 1980.
†Repealed by this Act.
  WATER SERVICES CORPORATION [ CAP. 355.        25
( d ) to undertake the computation, service and collection of
bills in respect of sums due to Enemalta;
( e ) to receive from consumers of electrical energy any
notice of:
(i) intention to discontinue the use of such energy;
or
(ii) the carrying out of alterations to premises or to
installations;
( f ) to cause the supply of electrical energy to any
consumer to be suspended in the case of non-payment
of sums due to Enemalta after the expiration of the
prescribed period, or of unjustified refusal of access to
the premises; and for this purpose to cause the main
fuses to be removed or the installation to be
disconnected at the mains, whether overhead or
underground;
( g ) to cause the meter to be removed from the premises in
the case of delay in the payment of sums due to
Enemalta beyond three months, or earlier if so deemed
necessary;
( h ) to reconnect the supply and, if necessary, replace the
meter after payment of sums due to Enemalta has been
made; 
( i ) to enter upon any premises and to carry out and do
therein any act or thing within the authority of
Enemalta;
( j ) to assess, by means of such criteria as are within the
discretion of Enemalta the consumption of electrical
energy in any premises to which entry for the purpose
of reading the meters has been refused after reasonable
notice has been given;
( k ) generally to perform any other act, incidental or
supplementary to the foregoing, which Enemalta, but
for the provisions of this Schedule, would have been
entitled to perform in relation to and for the purposes
of meter-reading, account-keeping and bill collection
as applicable to the supply of electrical energy.
Cap. 16. 
Cap. 12.
2. If any sums due to Enemalta shall not be paid or if any
goods or materials belonging to Enemalta are not returned by any
consumer of electrical energy, the Corporation may, notwith-
standing the provision of article 1968 of the Civil Code, take any
legal or other proceeding authorised by law for the recovery thereof
in the name and on behalf of Enemalta; and for the purposes of
article 466 of the Code of Organization and Civil Procedure, the
Corporation shall be deemed to be acting as a head of department in
respect of so much of any such proceedings as are taken on behalf
of Enemalta.
3. While they are acting within the limits of the powers
conferred on the Corporation by or under the provisions of this
Schedule, the officers and servants of the Corporation shall, for the
  26      CAP. 355. ]         WATER SERVICES CORPORATION
purposes of any enactment or regulation containing any reference
to the officers and servants of Enemalta, be deemed to be also the
officers and servants of Enemalta.
4. The Corporation may, in respect of the accounts of
Enemalta and of sums due to Enemalta, continue in force any
arrangements entered into with any other Government department
for the computing of bills and keeping of accounts and for the
provision of legal or other assistance.
5. Enemalta shall have a right of access to and inspection of
the accounts kept by the Corporation in relation to the activities of
Enemalta and shall have the right to keep at the offices of the
Corporation such number of representatives as may from time to
time be agreed between Enemalta and the Corporation.
6. From time to time as occasion may require, Enemalta and
the Corporation may by means of a public deed in the acts of the
Notary to Government, the terms of which shall first be approved
by the Minister, enter into an agreement (hereinafter in this
Schedule referred to as "the agreement") regulating all or any of the
following matters:
( a ) the access to and inspection of the accounts and the
number and powers of the representatives of Enemalta
referred to in paragraph 5 of this Schedule;
( b ) the consideration (including reimbursement of any
expenses and administrative charge properly met or
incurred by the Corporation) to be paid to, or to be
retained by, the Corporation in respect of the exercise
and performance by the Corporation of the functions
vested in it by this Schedule;
( c ) the periods at which and the manner in which the
Corporation shall remit to Enemalta sums collected by
the Corporation on behalf of Enemalta or, to the extent
that arrangements for set-off are made in the
agreement, such balances thereof as are outstanding
after any amounts due to the Corporation under the last
preceding sub-paragraph have been deducted;
( d ) the time and method of exchanging information and of
using means of consultation between Enemalta and the
Corporation for the better execution in their joint
interest of the provisions of this Schedule and of the
agreement;
( e ) the financial, banking, auditing and administrative
procedures to be followed by both sides for the regular
and efficient working of the arrangements existing
between them including, without prejudice to the
generality of the foregoing, the forms to be used, the
documents to be preserved, the books to be kept, the
returns to be made, the notices to be given or
communicated and the accounts to be rendered;
( f ) such other matters incidental and supplementary to the
foregoing for which, with the approval of the Minister,
  WATER SERVICES CORPORATION [ CAP. 355.        27
they may deem it necessary and expedient to provide.
7. The Minister shall cause a copy of the agreement to be laid
on the Table of the House of Representatives.
