FI Powers Flashcards
Fire & Rescue Services Act 2004
44 - Powers in event of emergency
Employee, authorised in writing may do anything reasonably necessary:
Fire, to extinguish and protect life & property
RTA, to rescue people or protect from harm
Emergency, discharge any function of FRS authority
Limiting damage from response to above
Fire & Rescue Services Act 2004
44 - Powers in event of emergency (particulars)
Enter premises without consent Move/break into vehicle Close highway Stop/regulate traffic Restrict access
Fire & Rescue Services Act 2004
45 - Powers of entry
Authorised officer may enter premises:
Obtain information needed to discharge duties of section 7, 8 and 9
Investigate fire cause or why it progressed
Fire & Rescue Services Act 2004
Authorised officer may not enter premises after fire if
Premises are unoccupied
and
Premises were occupied as a private dwelling immediately before fire
unless
24 hours notice given to occupier immediately before fire
Fire & Rescue Services Act 2004
Authorised officer may not under subsection (1)
Enter premises by force
or
Demand admission to private dwelling unless 24 hours notice given to occupier
Fire & Rescue Services Act 2004
Authorised officer may apply to justice of the peace
Considers it necessary to enter premises under subsection (1)
Unable to do so other than by force
Necessary to enter dwelling without giving 24 hour notice as in subsection (3)(b) or (4)
Fire & Rescue Services Act 2004
Justice of the Peace will issue warrant to enter premises by force
It is necessary under subsection (1)
and
He is unable to do so other than by force
Fire & Rescue Services Act 2004
Authorised officer exercising power of entry must provide evidence and warrant
Before entering premises
or
At any time before leaving premises
Fire & Rescue Services Act 2004
46 Powers of entry (supplementary)
Authorised officer may under 45 (1)(a) obtaining information
Take with him persons/equipment necessary
Require persons present to provide facilities, documentation, information, records or assistance
Fire & Rescue Services Act 2004
46 Powers of entry (supplementary)
Authorised officer under 45 (1)(b) investigate fire or why it progressed as it did
Take with him persons/equipment necessary
Inspect & copy documents/records or remove them
Carry out inspections, measurements and tests on premises/contents
Take samples of article/substance (don’t damage or destroy unless necessary for investigation)
Dismantle article on premises (don’t damage or destroy unless necessary for investigation)
Take possession of article/substance and detain:
(To examine)
(To ensure not tampered with)
(To ensure available as evidence)
Require persons present to provide facilities, documentation, information, records or assistance
Fire & Rescue Services Act 2004
Authorised officer takes samples of article/substance he must
Leave notice at premises with responsible person or in prominent position giving particulars of article/substance and that sample has been taken
and
If practicable give responsible person portion of the sample marked up
Fire & Rescue Services Act 2004
If authorised officer takes possession of article/substance under (2)(f) he must
Leave notice at premises with responsible person or in prominent position giving particulars of article/substance and that sample has been taken
If powers of entry exercised under section 45 or 46 to unoccupied/temporarily absent premises officer must
Leave premises as effectively secured against unauthorised entry as he found them
Person commits offence if without reasonable excuse they
Obstruct exercise of power under section 45
Fail to comply with requirement under (1)(b) or (2)(g)
Guilty = fine not exceeding level 3 on standard scale
46 Powers of entry: Notices
Notice required by 45 (3)(b) take sample
Deliver to occupier of dwelling
Leave notice at dwelling
Send notice by post to dwelling
