shall be guilty of an offence, and if there are no special circumstances peculiar to the case as
provided for in subsection (4), liable to imprisonment for a period of not less than ten years.
(4) If a person referred to in subsection (2) or (3) satisfies the court that there are special
circumstances peculiar to the case, which circumstances shall be recorded by the court, why the
penalty provided under subsection (2) or (3) should not be imposed, the convicted person shall
be liable to a fine up to or exceeding level fourteen or to imprisonment for a period not
exceeding ten years, or to both such fine and such imprisonment.
(5) A court sentencing a person to imprisonment under subsection (2) or (3) shall not order
the suspension of any part of the sentence if the effect of such suspension is that the convicted
person will serve—
(a) in the case of subsection (2), a period of less than one year; or
(b) in the case of subsection (3), a period of less than ten years.
(6) A person charged with an offence in terms of subsection (2) or (3) may be found guilty
of contravening section 141 ("Negligently causing serious damage to property") of the Criminal
Law Code if such are the facts proved.".
3
Amendment of section 61 of Cap. 13:19
Section 61 ("Other offences") of the principal Act is amended by the repeal of paragraph
(e).
4
New section substituted for section 68 of Cap. 13:19
Section 68 ("Formation of successor companies") of the principal Act is amended by the
insertion of the following subsection, the existing subsection becoming subsection (1)—
"(2) With effect from the date of commencement of the Electricity Amendment Act, 2007,
or not later than six months thereafter, the companies referred to in subsection (1)(b) and (c)
shall be merged and the Minister shall take such steps as are necessary under the Companies Act
[Chapter 24:03] to secure the registration of a company limited by shares that shall be
responsible for the transmission and distribution systems of the Authority.".
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