sec.98Entry and inspection of places

### sec.98 Entry and inspection of places A portfolio committee may authorise a committee member or anyone else (the authorised person ) to enter and inspect a place where works that the committee is considering are proposed to be, are being or have been carried out. The authorised person may inspect anything in the place relevant to the works. Nothing in subsection (1) prevents the committee from authorising all members of the committee to enter and inspect the place. However, the authorised person may enter the place only if the committee or authorised person gives reasonable written notice about the entry to the chief executive of the constructing authority for the works. On being given the notice, the chief executive must promptly make arrangements for the entry, including, for example, obtaining the consent of the following— if the place is occupied—the occupier of the place; if the place is not occupied—the owner of the place. The arrangements must ensure proper regard is given to safety. The authorised person may enter and inspect the place without the consent mentioned in subsection (5) if the chief executive attempted to obtain the consent, but— the attempt was unsuccessful (whether because the occupier or owner refused consent or otherwise); and the chief executive gave written notice about the entry (of at least 7 days) to the occupier or owner. If the authorised person enters the place in the occupier’s or owner’s absence under subsection (7) , the authorised person must give to the occupier or owner a written notice, within 7 days after the entry, stating— the authorised person’s name; and the purpose for which the place was entered; and the day and time of the entry. In this section— building includes any structure. chief executive , of a constructing authority, includes its chief executive officer, however called. place includes premises other than residential premises. premises includes— a building; and a part of a building; and land where a building is situated. s 98 (prev s 99) amd 2009 No. 7 s 13 ; 2011 No. 15 s 35 renum 2011 No. 15 s 39 (sec.98-ssec.1) A portfolio committee may authorise a committee member or anyone else (the authorised person ) to enter and inspect a place where works that the committee is considering are proposed to be, are being or have been carried out. (sec.98-ssec.2) The authorised person may inspect anything in the place relevant to the works. (sec.98-ssec.3) Nothing in subsection (1) prevents the committee from authorising all members of the committee to enter and inspect the place. (sec.98-ssec.4) However, the authorised person may enter the place only if the committee or authorised person gives reasonable written notice about the entry to the chief executive of the constructing authority for the works. (sec.98-ssec.5) On being given the notice, the chief executive must promptly make arrangements for the entry, including, for example, obtaining the consent of the following— if the place is occupied—the occupier of the place; if the place is not occupied—the owner of the place. (sec.98-ssec.6) The arrangements must ensure proper regard is given to safety. (sec.98-ssec.7) The authorised person may enter and inspect the place without the consent mentioned in subsection (5) if the chief executive attempted to obtain the consent, but— the attempt was unsuccessful (whether because the occupier or owner refused consent or otherwise); and the chief executive gave written notice about the entry (of at least 7 days) to the occupier or owner. (sec.98-ssec.8) If the authorised person enters the place in the occupier’s or owner’s absence under subsection (7) , the authorised person must give to the occupier or owner a written notice, within 7 days after the entry, stating— the authorised person’s name; and the purpose for which the place was entered; and the day and time of the entry. (sec.98-ssec.9) In this section— building includes any structure. chief executive , of a constructing authority, includes its chief executive officer, however called. place includes premises other than residential premises. premises includes— a building; and a part of a building; and land where a building is situated. - (a) if the place is occupied—the occupier of the place; - (b) if the place is not occupied—the owner of the place. - (a) the attempt was unsuccessful (whether because the occupier or owner refused consent or otherwise); and - (b) the chief executive gave written notice about the entry (of at least 7 days) to the occupier or owner. - (a) the authorised person’s name; and - (b) the purpose for which the place was entered; and - (c) the day and time of the entry. - (a) a building; and - (b) a part of a building; and - (c) land where a building is situated.