- Latest available (Revised)
- Point in Time (02/08/2005)
- Original (As enacted)
Point in time view as at 02/08/2005. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Fire (Scotland) Act 2005, Section 29.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)An employee of a relevant authority who is authorised in writing by the authority for the purposes of this section (an “authorised employee”) may, at any reasonable time (by force if necessary), enter premises in which there has been a fire for the purpose of investigating—
(a)what caused the fire; or
(b)why it progressed as it did.
(2)If an authorised employee exercises the power mentioned in subsection (1) the employee may—
(a)take onto the premises—
(i)such other persons; and
(ii)such equipment,
as the employee 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—
(i)the premises; or
(ii)an article or substance found on the premises,
that the employee 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 retain it for as long as is necessary for the purpose of—
(i)examining it and doing anything the employee has power to do under paragraph (c) or (e);
(ii)ensuring that it is not tampered with before the employee's examination of it is completed; or
(iii)ensuring 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 the employee with any—
(i)facilities, information, documents or records; or
(ii)other assistance,
that the employee may reasonably request.
(3)An authorised employee exercising the power mentioned in subsection (1) shall, if so required, produce evidence of the employee's authorisation for the purpose of this section—
(a)before entering the premises; or
(b)at any time before leaving the premises.
(4)If an authorised employee exercises the power in subsection (2)(d) the employee shall—
(a)leave a notice at the premises with a responsible person (or, if that is impracticable, fixed in a prominent position) giving particulars of the article or substance and stating that the employee has taken a sample of it; and
(b)if it is practicable to do so, give such a person at the premises a portion of the sample marked in a manner sufficient to identify it.
(5)If an authorised employee exercises the power in subsection (2)(f) the employee shall 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 the employee has taken possession of it.
(6)This section shall apply in relation to vehicles as it applies in relation to premises; but subject to the following modifications—
(a)the power conferred by subsection (1) includes power to enter premises in which a vehicle in which there has been a fire is being kept;
(b)the power conferred by paragraph (a) of subsection (2) includes power to take persons and equipment to the place where a vehicle is; and
(c)references to premises in subsections (2)(g) and (3) to (5) include references to premises in which vehicles are kept.
(7)In this section “premises” includes land.
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Text created by the Scottish Government 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 Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: