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Electrical Safety Act 2002
sec.138Powers of entry
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### sec.138 Powers of entry
An inspector may at any time enter a place if—
it is a workplace under the control of a person who has an electrical safety duty under this Act, and is—
open for carrying on business; or
otherwise open for entry; or
the inspector reasonably suspects it is a workplace under the control of a person who has an electrical safety duty under this Act, and it is—
open for carrying on business; or
otherwise open for entry; or
the entry is urgently required to investigate the circumstances of a serious electrical incident or dangerous electrical event.
An entry may be made under subsection (1) with, or without, the consent of the person with management or control of the place.
The inspector must leave the place immediately if the inspector finds that the place or circumstances are not as mentioned in subsection (1) (a) or (c) .
An inspector may enter any place if the entry is authorised by a search warrant.
An inspector may enter residential premises to gain access to a workplace. See section 140 .
s 138 sub 2011 No. 18 s 379
(sec.138-ssec.1) An inspector may at any time enter a place if— it is a workplace under the control of a person who has an electrical safety duty under this Act, and is— open for carrying on business; or otherwise open for entry; or the inspector reasonably suspects it is a workplace under the control of a person who has an electrical safety duty under this Act, and it is— open for carrying on business; or otherwise open for entry; or the entry is urgently required to investigate the circumstances of a serious electrical incident or dangerous electrical event.
(sec.138-ssec.2) An entry may be made under subsection (1) with, or without, the consent of the person with management or control of the place.
(sec.138-ssec.3) The inspector must leave the place immediately if the inspector finds that the place or circumstances are not as mentioned in subsection (1) (a) or (c) .
(sec.138-ssec.4) An inspector may enter any place if the entry is authorised by a search warrant. An inspector may enter residential premises to gain access to a workplace. See section 140 .
- (a) it is a workplace under the control of a person who has an electrical safety duty under this Act, and is— (i) open for carrying on business; or (ii) otherwise open for entry; or
- (i) open for carrying on business; or
- (ii) otherwise open for entry; or
- (b) the inspector reasonably suspects it is a workplace under the control of a person who has an electrical safety duty under this Act, and it is— (i) open for carrying on business; or (ii) otherwise open for entry; or
- (i) open for carrying on business; or
- (ii) otherwise open for entry; or
- (c) the entry is urgently required to investigate the circumstances of a serious electrical incident or dangerous electrical event.
- (i) open for carrying on business; or
- (ii) otherwise open for entry; or
- (i) open for carrying on business; or
- (ii) otherwise open for entry; or