Ministry of Defence fire-fighters

16Powers of Ministry of Defence fire-fighters in an emergency

1

A Ministry of Defence fire-fighter who is authorised in writing by the Secretary of State for the purposes of this section may do anything the fire-fighter reasonably believes to be necessary—

a

if the fire-fighter 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 the fire-fighter reasonably believes a road traffic accident to have occurred, for the purpose of rescuing people or protecting them from serious harm;

c

for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in paragraph (a) or (b).

2

In particular, a fire-fighter may under subsection (1)—

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 road;

d

stop and regulate traffic;

e

restrict the access of persons to premises or a place.

3

In this section—

  • “Ministry of Defence fire-fighter” means a person whose duties as an employee or servant of the Crown, or as an employee of a government contractor, include—

    1. a

      extinguishing fires on defence property,

    2. b

      protecting life and property in the event of a fire on defence property, and

    3. c

      rescuing people or protecting them from serious harm in the event of a road traffic accident on defence property;

  • “defence property” means property used—

    1. a

      for the purposes of the Secretary of State with responsibility for defence,

    2. b

      for the purposes of Her Majesty's forces (within the meaning of the Armed Forces Act 2006) or a visiting force, or

    3. c

      for other defence purposes;

  • “government contractor” means a person who provides services to the Secretary of State with responsibility for defence under contract (and includes a sub-contractor);

  • “road”—

    1. a

      in England and Wales means a highway;

    2. b

      in Scotland has the meaning given in Part 4 of the New Roads and Street Works Act 1991;

    3. c

      in Northern Ireland has the meaning given by Article 2(2) of the Road Traffic Regulation (Northern Ireland) Order 1997 (N.I. 2);

  • “visiting force” means a body, contingent or detachment of the forces of a country that is a visiting force for the purposes of any provision of the Visiting Forces Act 1952.

4

The Emergency Workers (Obstruction) Act 2006 is amended as follows.

5

In section 1(2) (obstructing or hindering certain emergency workers)—

a

after paragraph (a) insert—

aa

that of a Ministry of Defence fire-fighter (as defined in section 16 of the Armed Forces Act 2016);

b

in paragraph (b), after “paragraph (a)” insert “ or (aa) ”.

6

In section 7 (extent etc) at the end insert—

4

The following extend to Scotland—

a

sections 1 to 4 so far as they relate to obstructing or hindering a Ministry of Defence fire-fighter or a person assisting such a fire-fighter, and

b

this section.

17Minor amendments

1

In section 102(4) of the Transport Act 1968 (exemption for fire brigades etc to rules on drivers' hours), at the end insert “ or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016) ”.

2

In section 15(7)(a)(i) of the Greater London Council (General Powers) Act 1974 (exception for fire and rescue vehicles to offence of parking on footways etc), at the end insert “ or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016) ”.

3

In section 62(2)(a) of the Control of Pollution Act 1974 (exception for fire brigades etc to prohibition on use of loud-speakers in streets), after “purposes” insert “ or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016) ”.

4

In section 135(1) of the Merchant Shipping Act 1995 (restrictions on transfer of oil at night), for “employer of fire-fighters” substitute “ person who employs or engages fire-fighters ”.