Public Utilities Regulatory Authority Act 2001

Investor and Business Guide to the The Gambia Public Utilities Regulatory Authority Act, 2001

Executive Summary

The Gambia Public Utilities Regulatory Authority Act, 2001 establishes The Gambia Public Utilities Regulatory Authority (PURA) as the independent regulator of key public utility sectors, including telecommunications, broadcasting, electricity, water and sewerage, and transport services. The Act creates the licensing framework, compliance obligations, consumer protection measures, and enforcement powers applicable to regulated utilities.

1. What Businesses Are Regulated?

Section 2(1) – Definition of Regulated Public Service

The Act applies to public utilities providing:

• Communication services;

• Transport services;

• Energy services; and

• Water services.

Communication Services

Includes:

• Telecommunications;

• Broadcasting; and

• Postal services.

Energy Services

Includes:

• Electricity;

• Petroleum; and

• Gas supply services.

Transport Services

Includes transport services provided:

• On land;

• On water; and

• In the air.

Water Services

Includes:

• Water supply; and

• Sewerage services.

Investor Implication

Investments in electricity generation, telecommunications, broadcasting, transport infrastructure, water supply systems and utility networks are likely to be subject to PURA oversight.

2. Establishment and Role of PURA

Part II – The Gambia Public Utilities Regulatory Authority

Section 3(1)-(3)

PURA is established as a corporate body with power to:

• Sue and be sued;

• Enter into contracts;

• Acquire and dispose of property.

Section 15 – Independence

PURA is independent and is not subject to the direction or control of any person in performing its functions.

Investor Implication

Regulatory decisions are intended to be made independently from direct government influence, increasing predictability for investors.

3. Functions of PURA

Section 13(1)(a)-(o)

PURA's functions include:

Economic Regulation

• Providing guidelines on rates and fees;

• Examining charges imposed by regulated utilities.

Consumer Protection

• Protecting consumer interests;

• Monitoring service quality.

Market Oversight

• Promoting fair competition;

• Conducting investigations;

• Collecting sector data.

Licensing

• Recommending and administering licensing systems;

• Maintaining registers of public utilities.

Business Support

• Providing advice and assistance to utilities regarding compliance.

4. Licensing Requirements

Part V – Imposition of Licensing Obligation

Section 19

Licences are issued by:

• The relevant Secretary of State; or

• Another authorised licensing body,

but only upon advice from PURA.

Schedule – Regulated Public Services Requiring Licensing

The Act specifically requires licensing for:

1. Telecommunications and Broadcasting

2. Electricity

3. Water and Sewerage

4. Transport

5. Any additional public utility prescribed by Order.

5. Mandatory Licensing Rules

Section 21(1)(a)-(b)

No person may provide a regulated public service unless:

• The person holds the required licence; and

• The service operates in accordance with licence conditions.

Section 21(2)

Providing a regulated service without a licence is an offence punishable by a fine of not less than D500,000.

Investor Due Diligence

Before acquiring or investing in a utility business, investors should verify:

✅ Existing licences

✅ Licence validity

✅ Compliance history

✅ Regulatory investigations

✅ Outstanding enforcement actions

6. Licence Application Process

Section 22(a)-(c)

Applications must:

• Be submitted to PURA;

• Use the approved form;

• Include prescribed fees and supporting documents.

Section 23(a)-(c)

Licences may be granted if PURA determines that:

Public Interest Test

Issuing the licence serves the public interest.

Compliance Test

The applicant has complied with previous regulatory requirements and licences.

Capability Test

The applicant has sufficient:

• Financial resources;

• Experience;

• Operational facilities.

7. Key Licence Conditions

Section 24(3)(a)-(f)

Licence conditions may require:

Tariff Regulation

Utilities must determine tariffs and charges according to approved methodologies.

Publication Requirements

Utilities may be required to publish tariff information.

Regulatory Fees

Annual fees and charges may be payable to PURA.

Information Reporting

Utilities must submit operational and financial information.

Service Standards

Utilities must comply with regulatory performance standards.

Prior Approvals

Certain activities may require prior approval from PURA.

8. Tariffs and Pricing Regulation

Section 24(4)(a)-(d)

When assessing tariffs, PURA considers:

• Viability of the utility;

• Population distribution;

• Efficient use of resources;

• Economic development.

Business Impact

Pricing strategies must balance commercial profitability with public-interest considerations.

9. Transfer of Licences

Section 25(1)

A licence is not transferable without written approval from PURA.

Mergers and Acquisitions

Investors involved in:

• Acquisitions;

• Corporate restructurings;

• Share transfers affecting licence control,

should anticipate regulatory approval requirements.

10. Licence Duration and Renewal

Section 26

A licence remains valid for the period specified within it.

Section 27(3)

Renewal applications must be submitted at least 90 days before expiry.

11. Suspension and Cancellation of Licences

Section 29(1)

PURA may suspend or cancel a licence where licence conditions are breached.

Section 29(2)-(4)

Before suspension or cancellation:

• Notice must be given;

• Reasons must be provided;

• Opportunity to respond must be granted.

Section 29(5)

PURA must consider:

• Representations by the utility; and

• Potential public impact.

12. Service Standards and Consumer Protection

Part VII – Public Utilities Not Subject to Licensing

Section 31(a)-(e)

Utilities must:

• Maintain equipment;

• Provide safe services;

• Ensure efficiency and non-discrimination;

• Meet performance standards;

• Comply with fee guidelines.

Investor Consideration

Investment should include:

• Asset maintenance programmes;

• Service quality monitoring;

• Customer service systems.

13. Complaints and Investigations

Section 38(1)-(4)

Consumers may lodge complaints with PURA.

PURA may:

• Investigate complaints;

• Take enforcement action;

• Require corrective measures.

Section 39(1)

PURA may initiate its own investigations where required.

14. Regulatory Inspection Powers

Section 14(1)(a)-(f)

PURA may:

• Request information;

• Access records;

• Summon utility representatives;

• Inspect operational data.

Section 41(2)

Inspectors may enter utility premises to confirm compliance.

15. Information and Reporting Obligations

Section 47(1)-(3)

Utilities must:

• Provide requested information;

• Produce records;

• Provide accurate and complete disclosures.

Failure to do so attracts penalties.

16. Dispute Resolution

Section 42

Regulatory disputes may be referred to arbitration.

Section 52(1)(a)-(f)

Matters that may be arbitrated include:

• Refusal of licences;

• Licence conditions;

• Transfer refusals;

• Licence cancellations;

• Amendments;

• Suspensions.

Investor Compliance Checklist

Requirement

Relevant Section

Regulated sectors

s.2, Schedule

PURA powers

ss.13-15

Licensing obligation

s.21

Licence application

s.22

Licence issuance criteria

s.23

Tariff regulation

s.24

Licence transfers

s.25

Licence renewals

s.27

Licence suspension/cancellation

s.29

Service quality obligations

s.31

Consumer complaints

s.38

Regulatory investigations

s.39

Inspections

ss.40-41

Information obligations

ss.14, 47

Arbitration rights

ss.42, 52

Key Takeaway

For investors, the most important provisions are Sections 21-29 (licensing), Sections 13-15 (PURA's powers and independence), Sections 31-36 (service and pricing obligations), and Sections 38-42 (investigations and enforcement). Any transaction involving telecommunications, electricity, transport, water or sewerage services should include a detailed review of licensing status, tariff controls, compliance history and regulatory exposure