The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013

Powers of SFRS employee in England and Wales

17.—(1) This article applies where by virtue of article 15(1) or 16(1) SFRS is carrying out a 2004 Act function in England or Wales.

(2) Section 44 of the 2004 Act (powers of fire-fighters etc. in an emergency etc.)(1) applies in relation to an employee of SFRS who is authorised for the purposes of section 25 of the 2005 Act (powers of authorised employees in relation to emergencies)(2) as if the employee were authorised for the purposes of section 44 of the 2004 Act.

(3) Sections 45 and 46 of the 2004 Act (which make provision in relation to the powers of authorised employees in relation to obtaining information and investigating fires) apply in relation to an employee of SFRS who is authorised for the purposes of section 27 or 29 of the 2005 Act (which make provision in relation to the powers of authorised employees in relation to obtaining information and investigating fires respectively)(3) as if the employee were an authorised officer (as defined in section 45(2) of the 2004 Act).

(1)

Section 44 was amended by the Emergency Workers (Obstruction) Act 2006 (c. 39), section 6.

(2)

Section 25 is amended by the 2012 Act, schedule 7, paragraph 68(10).

(3)

Sections 27 and 29 are amended by the 2012 Act, schedule 7, paragraph 68(11) and (12) respectively.