Fire (Scotland) Act 2005

27Powers of authorised employees in relation to obtaining informationS
This section has no associated Explanatory Notes

(1)Subject to subsection (2) an employee of [F1SFRS] who is authorised in writing by [F2SFRS] for the purposes of this section (an “authorised employee”) may at any reasonable time enter premises for the purpose of obtaining information needed for the carrying out of [F3SFRS's] functions under section 9, 10 or 11.

(2)An authorised employee may not under subsection (1)—

(a)enter premises by force; or

(b)demand admission to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling.

(3)If, on the application of an authorised employee, a sheriff or justice of the peace is satisfied—

(a)that—

(i)it is necessary for the employee to enter premises for the purposes of subsection (1); and

(ii)the employee is unable to do so, or is likely to be unable to do so, otherwise than by force,

the sheriff or justice may issue a warrant authorising the employee to enter the premises by force at any reasonable time; or

(b)that it is necessary for the employee to enter premises for the purposes of subsection (1) without giving notice as required by subsection (2)(b), the sheriff or justice may issue a warrant authorising the employee to enter the premises at any time (by force if necessary).

(4)If an authorised employee exercises a power of entry by virtue of this section, the employee may—

(a)take onto the premises—

(i)such other persons; and

(ii)such equipment,

as the employee considers necessary; and

(b)require any person present on the premises to provide the employee with any—

(i)facilities, information, documents or records; or

(ii)other assistance,

that the employee may reasonably request.

(5)An authorised employee exercising a power of entry by virtue of this section shall, if so required, produce the items mentioned in subsection (6)—

(a)before entering the premises; or

(b)at any time before leaving the premises.

(6)Those items are—

(a)evidence of the employee's authorisation for the purpose of this section; and

(b)any warrant under subsection (3)(a) or (b).

Textual Amendments

F1Word in s. 27(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(11)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2Word in s. 27(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(11)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3Word in s. 27(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 68(11)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Modifications etc. (not altering text)