Search Legislation

Fire and Rescue Services Act 2004

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Powers of entry

 Help about opening options

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Fire and Rescue Services Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Powers of entryE+W

45Obtaining information and investigating firesE+W

(1)An authorised officer may at any reasonable time enter premises—

(a)for the purpose of obtaining information needed for the discharge of a fire and rescue authority’s functions under section 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.

(2)In this section and section 46, “authorised officer” means an employee of a fire and rescue authority who is authorised in writing by the authority for the purposes of this section.

(3)An authorised officer may not under subsection (1)—

(a)enter premises by force, or

(b)demand 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.

(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.

(5)An authorised officer may apply to a justice of the peace if—

(a)he considers it necessary to enter 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.

(6)If on an 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.

(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).

(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).

(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.

Modifications etc. (not altering text)

Commencement Information

I1S. 45 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I2S. 45 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

46Supplementary powersE+W

(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.

(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 any 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, documents or records, or other assistance, that he may reasonably request.

(3)If an authorised officer exercises the power in subsection (2)(d) he must—

(a)leave a notice at the premises (either with a responsible person or if that is impracticable fixed in a prominent position) giving particulars of the article or substance and stating that he has taken a sample of it, and

(b)if it is practicable to do so, give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.

(4)If an authorised officer exercises the power in subsection (2)(f) he must leave a notice at the premises (either with a responsible person or if that is impracticable fixed in a prominent position) giving particulars of the article or substance and stating that he has taken possession of it.

(5)If in the exercise of any power under section 45 or this section an authorised officer enters premises which are unoccupied, or from which the occupier is temporarily absent, he must on his departure leave the premises as effectively secured against unauthorised entry as he found them.

(6)A person commits an offence if without reasonable excuse—

(a)he obstructs the exercise of any power under section 45 or this section, or

(b)he fails to comply with any requirement under subsection (1)(b) or (2)(g).

(7)A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Modifications etc. (not altering text)

Commencement Information

I3S. 46 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I4S. 46 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

47Notices: generalE+W

(1)The notice required by section 45(3)(b) may be given—

(a)by delivering it to the occupier of the dwelling,

(b)by leaving it for him at the dwelling, or

(c)by sending it by post to him at the dwelling.

(2)The notice required by section 45(4) may be given—

(a)by delivering it to the person who was the occupier of the dwelling immediately before the fire concerned,

(b)by leaving it for him at his proper address, or

(c)by sending it by post to him at that address.

(3)The proper address of a person for the purposes of subsection (2) and section 7 of the Interpretation Act 1978 (c. 30) is—

(a)if he has specified an address in the United Kingdom as his address for the purposes of the notice required by section 45(4), that address;

(b)in any other case, his last known address.

(4)If the name or address of the person to whom notice under section 45(3)(b) or (4) is required to be given cannot be ascertained after reasonable inquiry, the notice may be given—

(a)by leaving it in the hands of a person who is or appears to be resident in the dwelling, or

(b)by leaving it affixed to a conspicuous part of the dwelling.

Commencement Information

I5S. 47 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I6S. 47 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

48Notices given electronicallyE+W

(1)This section applies if the notice required by section 45(3)(b) or (4) is transmitted to the person to whom it is required to be given (“the recipient”)—

(a)by means of an electronic communications network (within the meaning given by section 32 of the Communications Act 2003 (c. 21)), or

(b)by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible.

(2)The transmission has effect as a delivery of the notice to the recipient only if he has indicated to the fire and rescue authority on whose behalf the transmission is made his willingness to receive a notice under section 45 transmitted in the form and manner used.

(3)An indication to a fire and rescue authority for the purposes of subsection (2)—

(a)must be given to the authority in any manner it requires;

(b)may be a general indication or one that is limited to notices of a particular description;

(c)must state the address to be used and must be accompanied by any other information which the authority requires for the making of the transmission;

(d)may be modified or withdrawn at any time by a notice given to the authority in any manner it requires.

(4)If the making of the transmission has been recorded in the computer system of the fire and rescue authority on whose behalf it is made, it must be presumed, unless the contrary is proved, that the transmission—

(a)was made to the person recorded in that system as receiving it;

(b)was made at the time recorded in that system as the time of delivery;

(c)contained the information recorded on that system in respect of it.

Commencement Information

I7S. 48 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I8S. 48 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources