Fire and Rescue Services Act 2004

44 Powers of fire-fighters etc in an emergency etc E+W

(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.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 44(3)(4) repealed (20.2.2007) by Emergency Workers (Obstruction) Act 2006 (c. 39), ss. 6, 7(2); S.I. 2007/153, art. 2; S.I. 2007/153, art. 2

Modifications etc. (not altering text)

C1 S. 44 applied (with modifications) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 17(2)

Commencement Information

I1 S. 44 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)

I2 S. 44 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2