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Fire and Rescue Services Act 2004

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This is the original version (as it was originally enacted).

44Powers of fire-fighters etc in an emergency etc

This section has no associated Explanatory Notes

(1)An employee of a fire and rescue authority 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 to 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 road traffic accident 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 fire and rescue authority 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).

(2)In particular, an employee of a fire and rescue authority 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 without the consent of its owner;

(c)close a highway;

(d)stop and regulate traffic;

(e)restrict the access of persons to premises or a place.

(3)A person commits an offence if without reasonable excuse he obstructs or interferes with an employee of a fire and rescue authority taking action authorised under this section.

(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.

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