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ELECTRICITY SUPPLY ACT 1990 
 
ELECTRICITY REGULATIONS (AMENDMENT) 20xx 
 
 
In exercise of the powers conferred by section 53 o f the Electricity Supply Act 1990 
[Act 447 ], the Minister makes the following regulations: 
 
Citation and commencement 
 
1.  These regulations may be cited as the Electricity Regulations 
(Amendment) 20xx  and shall come into force on the …………….. 20xx.  
     
    
Amendment of regulation 2  
 
2. The Electricity Supply Regulations 1994 [ P.U. (A)38/1994 ], which in these 
Regulations are referred to as the “principal Regul ations”, are amended in regulation 
2  -  
 
(a) by inserting after the definition of “accessory” th e following definition : 
 
‘        “accreditation authority” means the Direct or General of the 
Department of Standards under the Standards of Mala ysia Act 
1996 [ Act 549 ]; ‘; 
 
 
(b) by inserting after the definition of “Certificate o f Approval” the following 
definitions : 
   
‘    “Certificate of Conformity” means a Certificat e of    
Conformity issued by a Conformity Assessment Body u nder the 
rules of a certification system, providing confiden ce that a duly 
identified equipment, process or service is in conf ormity with the 
specific requirements; ’ ;   
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 2 
‘    “Certificate of Registration” means a Certific ate of    
Registration issued by the Commission under regulat ions 97B 
and 97C;’;  
 
(c) by inserting after the definition of “Competent Ele ctrical Engineer” the 
following definitions : 
 
‘ “conformity assessment” means a systematic 
examination to determine the extent to which any eq uipment, 
process or service fulfills specified requirements; ’;  
 
‘ “Conformity Assessment Body (CAB)” means a body 
whose activities and expertise include performance of all or any 
stage of the conformity assessment process except f or 
accreditation, designation and registration;’; 
    
 
Amendment of regulation 97 
 
3. Regulation 97 of the principal Regulations is am ended – 
 
(a) in subregulation (1) by inserting at the beginning the words “Subject to 
regulations 97C and 98A,” and by substituting for  the word “No” the 
word “no”;  
 
(b) in paragraph (1) (c) by inserting after the word “operation;” the word 
“or”; and  
 
(c) by inserting after paragraph (1) (c)  the following : 
 
  “ (d)   any low voltage equipment,”. 
 
  
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 3New regulations 97A, 97B and 97C   
 
4. The principal Regulations are amended by inserti ng after regulation 97 the 
following regulations: 
“Mutual 
Recognition.  97A. (1)   The Commission may either on its own mot ion or upon an 
application by a foreign Conformity Assessment Body  (CAB), 
recognize a foreign CAB which is recognized, regist ered or licensed 
by the relevant authority of the country in which t he foreign CAB 
carries on its activities. 
 
(2)    The Commission shall withdraw the recognition conf erred 
by subregulation (1), if the foreign CAB has had it s recognition, 
registration or licence cancelled, suspended, revok ed or withdrawn 
by the relevant authority of the country in which t he recognized 
foreign CAB carries on its activities. 
 
(3)  All test reports, certificates, records or tec hnical files 
produced by a recognized foreign CAB in respect of equipment 
under regulation 97 shall be recognized as valid an d subsisting for 
the purposes of this Part, but without prejudice to  any further testing 
or assessment to be done to them as the Commission deems 
necessary.  
 
 
Conformity  
Assessment 
Bodies 
  
  
97B. (1) The Commission shall register a Conformity  Assessment 
Body (CAB), CABs or classes of CABs for the purpose  of certifying 
that any equipment under regulation 97 complies wit h the provisions 
of the safety and performance standards and other r equirements as 
prescribed. 
 
(2)  Any person may apply to the  Commission, to be 
registered as a CAB, if such person has been accred ited by the 
accreditation authority and satisfies the eligibili ty and qualification 
requirements.  
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(3)    A Certificate of Registration of a CAB shall  be in Form 
U1 as prescribed in the First Schedule and shall be  valid for not less 
than one year and not exceeding three years from th e date of issue 
or renewal thereof. 
 
(4)  The Commission may cancel, suspend, revoke or 
withdraw the registration of any CAB within Malaysi a  made pursuant 
to this regulation if the Commission is satisfied t hat the said 
registered CAB– 
 
(a)  no longer has sufficient technical personnel to 
undertake proper and reliable assessments; 
 
(b)   no longer has the technical    competence to asse ss 
the equipment; 
 
(c)     has been found guilty of any offence involving frau d,  
negligence, dishonesty, cheating or corrupt 
practices which may render its assessments, 
unreliable or the veracity of the assessments 
questionable; 
 
(d) has had any licence issued to it by any relevant 
authority revoked, withdrawn or suspended; 
 
(e)  has not undertaken any proper and sufficient 
assessment and testing of equipment;  
 
(f)   has gone into liquidation; 
 
(g) has ceased to carry on the business; 
  
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 5(h) has not complied with the determinations or 
directions  issued by the Commission under the Act 
or these Regulations; or 
 
(i) has committed any offence under these 
Regulations. 
 
Registration of  
manufacturers  
and importers  97C.(1)   Pursuant to regulation 97A, any person wh o intends to 
carry on a business or carries on a business of  manufacturing or 
importing any equipment referred to in regulation 9 7 shall prior to 
the commencement or continuation of the business ap ply to be 
registered with the Commission in the manner deemed  fit by the 
Commission. 
 
       (2)   A Certificate of Registration to manuf acture or import the 
equipment referred in regulation 97 shall be in For ms V1 and W1 
respectively as prescribed in the First Schedule an d shall be valid 
for not less than one year and not exceeding five y ears from the 
date of issue or renewal thereof.”.  
  
New regulations 98A and 98B 
 
5. The principal Regulations are amended by inserti ng after regulation 98 the 
following regulations : 
 
“Test report and 
Certificate of 
Conformity 
 
  
 98A (1)   All manufacturers of equipment under regu lation 97 issued 
with a Certificate of Registration under  regulation 97C shall submit 
a test report issued by a testing laboratory which is accredited by 
the accreditation authority and shall have the equi pment certified by 
a recognized CAB as to the equipment’s conformity w ith the safety 
and performance standards recognized  by the Commission. 
 
(2) Such accredited testing laboratory referred in  
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 6subregulation (1) shall issue a test report which s hall be valid  for  not 
less than one year and not exceeding five years fro m the date of the 
report. Upon the expiry of the test report, the req uirement under 
subregulation (1) shall be complied by the register ed  manufacturer. 
 
         (3)   All importers of equipment under reg ulation 97 issued 
with a Certificate of Registration under regulation  97C shall have the 
equipment certified by a recognized foreign CAB for  submission to 
the Commission. 
      
          (4)   The recognized CAB referred in subr egulation (1) and (3) 
shall issue a Certificate of Conformity for any equ ipment referred to 
in subregulation (1) and (3) which shall be valid f or not less than one 
year and not exceeding  three years from the date of issue. Upon its 
expiry, the registered manufacturer or importer of such equipment 
shall apply to the recognized CAB for renewal of th e Certificate of 
Conformity.  
 
(5)    The registered manufacturer or importer  shall submit to 
the Commission the Certificate of Conformity which has a validity 
period of not less than one year before the date of  expiry.  
 
(6)   Notwithstanding the acceptance of the Certifi cate of 
Conformity and any other provision of these Regulat ions, the 
Commission may inspect, test or review the equipmen t and any 
documentation, test reports and conformity assessme nts submitted 
to it.  
 
(7)  If, upon the conclusion of any inspection, tes t or review, 
the Commission is satisfied that the equipment is u nsafe or does not 
conform to the safety and performance standards, th en the 
Commission may–  
  
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 7(a) make a determination that the  equipment is unsafe 
or does not conform to the safety and performance 
standards; or 
 
(b) prohibit the manufacture or import of such 
equipment and to direct their withdrawal or recall 
and where necessary seize and remove them. 
 
Duties of  
manufacturers 
and importers 
  98B.(1)   No registered manufacturer or importer sh all use a CAB 
who is not recognized by the Commission or whose re cognition has 
been cancelled, revoked, suspended or withdrawn. 
 
(2)   The registered manufacturer or importer shall  keep the 
technical files of the equipment issued with a Cert ificate of 
Conformity for not less than ten years after the la st equipment has 
left the production line. 
 
(3)    Recognized CABs within Malaysia shall keep t he 
technical files of any equipment issued with a Cert ificate of 
Conformity for not less than six years after the ex piry of the validity  
of the  Certificate of Conformity.”  
 
  
Amendment of regulation 102  
 
6. Regulation 102 of the principal Regulations is a mended by inserting after the 
number “88” the mark “,”, deleting the word “or” an d by inserting after the number 
“92” the words “or 97C”. 
 
 
Amendment of regulation 103 
 
7. Regulation 103 of the principal Regulations is a mended –  
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(a) in subregulation (1)  by inserting after the number  “88” the mark  “,”, 
deleting the word “or” and by inserting after the n umber “92” the words 
“or 97C”; and   
 
(b) in subregulation (2)  by inserting after the number  “88” the mark  “,”, 
deleting the word “or” and by inserting after the n umber “92” the words 
“or 97C”. 
 
Amendment of regulation 104  
 
8. Regulation 104 of the principal Regulations is a mended in subsection (1) by  
inserting after the number “88” the mark “,”, delet ing the word “or” and by inserting 
after the number “92” the words “or 97C”. 
 
 
Amendment of regulation 105  
 
9. Regulation 105 of the principal Regulations is a mended in subsection (1) by  
inserting after the number “88” the mark “,”, delet ing the word “or” and by inserting 
after the number “92” the words “or 97C”. 
 
 
New regulation 109A 
 
10. The principal Regulations are amended by insert ing after regulation 109 the 
following regulation : 
 
“Surveillance and  
offences  109A (1)   The Commission may, from time to time, c arry out market 
surveillance to determine if any equipment referred  to in regulation 
97 is safe and has the mark or label as prescribed in these 
Regulations  affixed thereto. 
       
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 9(2)   Whoever, intentionally or knowingly -  
         
      (a)     removes, withdraws or assists in the removal or  
withdrawal of any such equipment which do not 
bear the mark or label from any premises in 
order to obstruct or hinder the Commission, its 
authorised officers or agents from exercising any 
of its powers ; or 
       
(b)  harbours, keeps, conceals, or is in the 
possession of any such equipment that do not 
bear the mark or label with the intention to sell o r 
offer for sale, 
 
commits an offence.” 
 
 
 
Amendment of First Schedule 
 
11. The First Schedule of the  principal Regulations is amended –  
 
(a)  by inserting after Form U the following form : 
 
 
 
 
 
 
 
 
 
  
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“FORM U1 
(regulation 97B) 
ELECTRICITY SUPPLY ACT 1990 
CERTIFICATE OF REGISTRATION AS CONFORMITY ASSESSMEN T BODY 
 
 
The Energy Commission hereby certifies in pursuance  of section 4(l) of the 
Electricity Supply Act 1990 that 
………………………………………………………………………………………………….  
at ……………………………………………............................... ............................………  
has satisfied the requirements of the Act and the R egulations made thereunder. 
 
The Energy Commission certifies that the above-ment ioned 
………………………………………………………… has been registered and this  
Certificate of Registration shall be valid for a pe riod of ………..year(s) from the date 
of issue stated below. 
 
Date of issue: ….............. 
Place: …...................... 
 
 
 
….........................…………….  
             Energy Commission 
___________________________________________________ ________________ 
* Not less than one year and not more than three ye ars.  
 
 
 
  
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 and  
 
(b) by inserting after Forms V and W respectively the f ollowing forms : 
 
 
 
“FORM V1 
(regulation 97C) 
ELECTRICITY SUPPLY ACT 1990 
CERTIFICATE OF REGISTRATION AS MANUFACTURER 
 
 
The Energy Commission hereby certifies in pursuance  of section 4(k) of the 
Electricity Supply Act 1990 that 
………………………………………………………………..  
at ……………………………………………............................... ............................………  
has satisfied the requirements of the Act and the R egulations made thereunder. 
 
The Energy Commission certifies that the above-ment ioned 
………………………………………………………… has been registered and this  
Certificate of Registration shall be valid for a pe riod of ……….years(s) from the date 
of issue stated below. 
 
Date of issue: ….............. 
Place: …...................... 
 
 
….........................…………….  
             Energy Commission 
___________________________________________________ ________________ 
* Not less than one year and not more than five yea rs.   
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“FORM W1 
(regulation 97C) 
ELECTRICITY SUPPLY ACT 1990 
CERTIFICATE OF REGISTRATION AS IMPORTER 
 
 
The Energy Commission hereby certifies in pursuance  of section 4(k) of the 
Electricity Supply Act 1990 that 
………………………………………………………………..  
at ……………………………………………............................... ............................………  
has satisfied the requirements of the Act and the R egulations made thereunder. 
 
The Energy Commission certifies that the above-ment ioned 
………………………………………………………… has been registered and this  
Certificate of Registration shall be valid for a pe riod of …………year(s) from the date 
of issue stated below. 
 
Date of issue: ….............. 
Place: …...................... 
 
 
 
 
….........................…………….  
             Energy Commission 
___________________________________________________ ________________ 
* Not less than one year and not more than five yea rs.”