Fire & Rescue Services Act 2004 - Section 44 - 46 - Powers In The Event Of An Emergency Flashcards
Powers of entry
Section 44 - Powers of fire-fighters etc in an emergency etc
(1) (a)(b)(c)(d)
(1) An employee of a FRA who is authorised in writing by the authority for the purposes of this section may do anything he reasonably believes to be necessary-
(a) if he reasonably believes a fire to have broken out or be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property;
(b) if he reasonably believes a RTC to have occurred, for the purpose of rescuing people or protecting them from serious harm;
(c) if he reasonably believes an emergency of another kind to have occurred, for the purpose of discharging any function conferred on the FRA in relation to the emergency;
(d) for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in paragraph (a), (b) or (c).
Powers of entry
Section 44 - Powers of fire-fighters etc in an emergency etc
(2) (a)(b)(c)(d)(e)
(2) In particular, an employee of an FRA who is authorised as mentioned in subsection (1) may under that subsection-
(a) enter premises or a place, by force if necessary, without the consent of the owner or occupier of the premises or place;
(b) move or break into a vehicle with the consent of the owner;
(c) close a highway;
(d) stop and regulate traffic;
(e) restrict the access of persons to premises or a place.
Powers of entry
Section 44 - Powers of fire-fighters etc in an emergency etc
(3)
(3)A person commits an offence if without reasonable excuse he obstructs or interferes with an employee of a FRA taking action authorised under this section.
Powers of entry
Section 44 - Powers of fire-fighters etc in an emergency etc
(4)
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Powers of entry
Section 45 - Obtaining information and investigating fires
(1) (a)(b)
(1) An authorised officer may at any reasonable time enter premises-
(a) for the purpose of obtaining information needed for the discharge of a FRA functions under 7, 8 or 9, or
(b) if there has been a fire in the premises, for the purpose of investigating what caused the fire or why it progressed as it did.
Powers of entry
Section 45 - Obtaining information and investigating fires
(2)
(2) In this section and section 46, “authorised officer” means employee of a FRA who is authorised in writing by the FRA for the purposes of this section.
Powers of entry
Section 45 - Obtaining information and investigating fires
(3) (a)(b)
(3) An authorised officer may not under subsection (1)-
(a) enter premises by force, or
(b) demeaned admission as of right to premises occupied as a private dwelling unless 24 hours’ notice in writing has first been given to the occupier of the dwelling.
Powers of entry
Section 45 - Obtaining information and investigating fires
(4) (a)(b)
(4) An authorised officer may not under subsection (1) (b) enter as of right premises in which there has been a fire if-
(a) the premises are unoccupied, and
(b) the premises were occupied as a private dwelling immediately before the fire,
Unless 24 hours notice in writing has first been given to the person who was the occupier of the dwelling immediately before the fire.
Powers of entry
Section 45 - Obtaining information and investigating fires
(5) (a)(b)
(5) An authorised officer may apply to a justice of the peace if-
(a) he considers it necessary to enter the premises for the purposes of subsection (1), but
(b) he is unable to do so, or considers that he is likely to be unable to do so, otherwise than by force.
Powers of entry
Section 45 -Obtaining information and investigating fires
(6) (a)(b)
(6) If on application under subsection (5) a justice is satisfied that-
(a) it is necessary for the officer to enter the premises for the purposes of subsection (1), and
(b) he is unable to do so, or is likely to be unable to do so, otherwise than by force,
He may issue a warrant authorising the officer to enter the premises by force at any reasonable time.
Powers of entry
Section 45 - Obtaining information and investigating fires
(7)
(7) An authorised officer may also apply to a justice of the peace if he considers it necessary to enter a dwelling for the purposes of subsection (1) without giving notice as required by subsection (3)(b) or (4).
Powers of entry
Section 45 - Obtaining information and investigating fires
(8)
(8) If on an application under subsection (7) a justice is satisfied that it is necessary for the authorised officer to enter the dwelling for the purposes of subsection(1) without giving notice as required by subsection (3)(b) or (4), the justice may issue a warrant authorising the officer to enter the premises at any time (by force if necessary).
Powers of entry
Section 45 - Obtaining information and investigating fires
(9) (a)(b)
(9) An authorised officer exercising a power of entry under this section must, if so required, produce evidence of his authorisation under subsection (2), and any warrant under subsection (6) or (8)-
(a) before entering the premises, or
(b) at any time before leaving the premises.
Powers of entry
Section 46 - Supplementary Powers
(1) (a)(b)
(1) If an authorised officer exercises a power of entry under section 45 (1)(a), he may -
(a) take with him any other persons, and any equipment, that he considers necessary;
(b) require any person present on the premises to provide him with any facilities, information, documents or records, or other assistance, that he may reasonably request.
Powers of entry
Section 46 - Supplementary Powers
(2) (a)(b)(c)(d)(e)(f)(i)(ii)(ii)(g)
(2) If an authorised officer exercises a power of entry under section 45 (1)(b) he may -
(a) take with him any other persons, and any equipment that he considers necessary;
(b) inspect and copy any documents or records on the premises or remove them from the premises;
(c) carry out my inspections, measurements and tests in relation to the premises, or to an article or substance found on the premises, that he considers necessary;
(d) take samples of an article or substance found on the premises, but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation;
(e) dismantle an article found on the premises, but not so as to destroy it or damage it unless it is necessary to do so for the purpose of the investigation;
(f) take possession of an article or substance found on the premises and detain it for as long as is necessary for any of these purposes -
(i) to examine it and do anything he has power to do under paragraph (c) or (e);
(ii) to ensure that it is not tampered with before his examination of it is completed;
(iii) to ensure that it is available for use as evidence in proceedings for an offence relevant to the investigation.
(g) require a person present on the premises to provide him with any facilities, information, document or records, or other assistance, that he may reasonably request.
