Division 3(1) An authorised officer of a network operator may enter any premises for the purpose of exercising any function conferred or imposed on a network operator by or under this or any other Act or law, including:(a) carrying out preliminary investigations in connection with the proposed installation or extension of electricity works, or(b) installing, extending, maintaining, repairing or removing electricity works, or(c) reading electricity meters, or(d) checking if the network operator’s conditions relating to tariffs and the use of electricity are being complied with, or(e) ascertaining whether an offence against this Act or the regulations has been committed, or(f) inspecting or disconnecting an electrical installation that the network operator is required or permitted to inspect or disconnect by or under this or any other Act or law.(1A) An authorised officer of a retail supplier may enter the premises of a customer for the following purposes in respect of electricity works prescribed by the regulations:(a) carrying out preliminary investigations in connection with the proposed installation or extension of electricity works,(b) installing, extending, maintaining, repairing or removing electricity works,(c) reading electricity meters,(d) checking if the retail supplier’s conditions relating to tariffs and the use of electricity are being complied with,(e) ascertaining whether an offence against this Act or the regulations has been committed.(2) Except in emergencies, a power of entry may be exercised only during daylight hours.
(1) Before an authorised officer of a network operator or retail supplier exercises a power of entry under this Division, the network operator or retail supplier concerned must give the owner or occupier of the land written notice of the intention to enter the land.(2) The notice must specify the day on which the authorised officer intends to enter the land and must be given before that day.(3) This section does not require notice to be given:(a) if entry to the land is made with the consent of the owner or occupier of the land, or(b) if entry is required for the sole purpose of reading an electricity meter, or(c) if entry is required in an emergency.
(1) Reasonable force may be used for the purpose of gaining entry to any land (other than such part of a building as is being used for residential purposes) under a power conferred by this Division, but only if authorised by the network operator or retail supplier concerned in accordance with this section.(2) The authority:(a) must be in writing, and(b) must be given in respect of the particular entry concerned, and(c) must specify the circumstances that must exist before force may be used.
57 Notification of use of force or urgent entry
(1) An authorised officer:(a) who uses force for the purpose of gaining entry to land, or(b) who enters land in an emergency without giving written notice to the owner or occupier of the land,must promptly advise the network operator or retail supplier concerned of that fact.(2) The network operator or retail supplier must give notice of the entry to such persons or authorities as appear to the network operator or retail supplier to be appropriate in the circumstances.
(1) In the exercise of a power under this Division, an authorised officer must do as little damage as possible.(2) As far as practicable, entry onto fenced land is to be made through an existing opening in the enclosing fence or, if entry through an existing opening is not practicable, through a new opening.(3) Any new opening is to be properly closed when the need for entry ceases.(4) If, in the exercise of a power under this Division, any pit, trench, hole or bore is made, the network operator or retail supplier concerned must, if the owner or occupier of the land so requires:(a) fence it and keep it securely fenced so long as it remains open or not sufficiently sloped down, and(b) without unnecessary delay, fill it up or level it or sufficiently slope it down.
59 Recovery of cost of entry and inspection
If an authorised officer enters any land for the purpose of making an inspection and, as a result of the inspection, the network operator or retail supplier concerned requires any work to be carried out on the land, the network operator or retail supplier may recover the reasonable costs of the entry and inspection from the owner or occupier of the land.
The network operator or retail supplier concerned must pay compensation to the owner or occupier of any land in respect of which a power has been exercised under this Division for any loss or damage arising from the exercise of the power, but is not so liable to the extent to which the loss or damage arises from work done for the purposes of an inspection which reveals that there has been a contravention by the owner or occupier, as the case requires, of any provision of this Act or the regulations.
61 Certificates of authority to enter land
(1) A power of entry under this Division may not be exercised by an authorised officer unless the authorised officer:(a) is in possession of a certificate of authority issued by the network operator or retail supplier concerned, and(b) produces the certificate when required to do so by the owner or occupier of the land.(2) The certificate of authority:(a) must state that it is issued under this Act, and(b) must give the name of the person to whom it is issued, and(c) must describe the nature of the powers conferred and the source of those powers, and(d) must state the date (if any) on which it expires, and(e) must describe the kind of land to which the power extends, and(f) must be under the seal of the network operator or retail supplier or must bear the signature of the principal officer of the network operator or retail supplier, of a prescribed officer of the network operator or retail supplier or of an officer belonging to a prescribed class of officers of the network operator or retail supplier.
62 Entry to residential premises
A power of entry conferred by this Division is not exercisable in relation to such part of a building as is used for residential purposes except:(a) with the consent of the occupier of that part of the premises, or(b) for the sole purpose of reading an electricity meter, or(c) under the authority conferred by a warrant of entry.
(1) A network operator or retail supplier may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 if it is of the opinion that it is necessary for an authorised officer within the meaning of this Act to enter and inspect any land (including any building used for residential purposes) for the purposes of this Act.(2) An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a warrant of entry authorising an authorised officer named in the warrant to enter and inspect the land for the purposes of this Act.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a warrant of entry under this section in the same way as it applies to a search warrant under that Act.(4) (Repealed)
63A Other powers of entry unaffected
This Division does not apply to any power of entry that an authorised officer has apart from this Division, such as a power arising under a customer connection contract or customer supply contract.