Below is information on the additional powers that an Inspector/Authorised Officer may exercise in certain circumstances.
Powers in respect of books, documents and other records
Under the Regulatory Reform (Fire Safety) Order 2005, an Inspector may require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records:
- Which are required to be kept by virtue of any provision of this Order or regulations made under it; or
- Which it is necessary for him to see for the purposes of an examination or inspection under Article 27 of the Order and, in addition to inspecting them, may take copies of the records, or of any entry in them.
An Inspector may take samples of any articles or substances found in any premises which he has the power to enter for the purpose of ascertaining their fire resistance or flammability; and in the case of any article or substance found in any premises which he has the power to enter, being an article or substance which appears to him to have caused or is likely to cause danger to the safety of relevant persons, to cause it to be dismantled or subject to any process or test (but not so as to damage or destroy it unless this is, in the circumstances necessary).
Summary of your rights under the Regulatory Reform (Fire Safety) Order 2005
An Inspector must, if so required when visiting any premises in the exercise of powers conferred by Article 27 of the Order, produce to the occupier of the premises some duly authenticated document showing evidence of his authority.
Where an Inspector proposes to exercise the powers under Article 27(1)(f) of the Order, to cause any article or substance, which appears to him to have caused or is likely to cause danger to the safety of relevant persons, to be dismantled or subject to any process or test (but not so as to damage or destroy it unless this, in the circumstances, is necessary) he must, if requested by a person with responsibilities in relation to the premises and who is present at the time, cause anything to be done under the power given by 27(1)(f) to be done in the presence of that person.
In addition, before causing the article or substance to be dismantled or subject to any process or test, an Inspector/Authorised Officer must consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under the power provided by Article 27(1)(f).
Summary of other powers under Article 27 of the Regulatory Reform (Fire Safety) Order 2005
- An inspector may take samples of any articles or substances found in any premises which they have power to enter for the purpose of ascertaining their fire resistance or flammability; and
- In the case of any article or substance found in any premises which an Inspector has power to enter, being an article or substance which appears to them to have caused or to be likely to cause danger to the safety of relevant persons, an inspector may cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is, in the circumstances, necessary).
- An inspector must, if so required when visiting any premises in the exercise of powers conferred by this article, produce to the occupier of the premises evidence of their authority.
- Where an inspector proposes to exercise the power conferred by Article 27(1)(f) they must, if requested by a person who at the time is present in and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
- Before exercising the power conferred by Article 27(1)(f) an inspector must consult such persons as appear to them appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which they propose to do under that power.
Powers of Entry – Code of Practice under section 48 Protection of Freedoms Act 2012
An Inspector may conduct entry to a premises without a Magistrates’ Warrant under powers provided by Article 27 of the Regulatory Reform (Fire Safety) Order 2005.An inspector may make inquiries which may be necessary for any of the following purposes:
- To ascertain whether the provisions of the Order have been complied with; and
- To identify the responsible person in relation to the premises; and
- To require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records.
(These are records which are required to be kept by virtue of any provision of the Order or regulations made under it; or which it is necessary to see for the purposes of an examination or inspection under Article 27 and to inspect any entry in the records).
An inspector may require any person having responsibilities in relation to any premises (whether or not the responsible person) to give them such facilities and assistance with respect to any matters or things to which the responsibilities of that person extend as are necessary for the purpose of enabling the inspector to exercise any of the powers conferred on him or her by Article 27 of the Order.
The powers of inspectors under article 27 are extended for prohibition or restriction purposes by Article 31(10) to domestic premises, other than premises consisting of or comprised in a house which is occupied as a single private dwelling.
Summary of Your Rights under the Powers of Entry – Code of Practice
Persons whose premises are inspected have certain rights under the Powers of Entry – Code of Practice (“The Code”) made under Section 48 Protection of Freedoms Act 2012 a copy of which is available for inspection at the Headquarters of the Fire and Rescue Service or an electronic version can be viewed at www.homeoffice.gov.uk/crime/powers-entry/
In summary:
- The inspection should take place only at a reasonable hour (normally meaning when open for business) and after 48 hours’ notice unless it is inappropriate, and after the officer has told you the purpose of the inspection and shown their credentials, unless it is inappropriate.
- 48 hours’ notice need not be given in exceptional circumstances set out in The Code, such as where an unannounced inspection is necessary to gain a genuine picture of day to day processes in an institution.
- Inspections must be conducted with due consideration for the property and privacy of the occupier and with no more disturbance than necessary.
- The inspection will continue only to the extent necessary to achieve its purpose.
- If only one person is present on the premises, the occupier may ask a friend, neighbour or other person to witness the inspection unless the authorised person in charge has reasonable grounds for believing that this would seriously hinder the investigation. An inspection will not be unreasonably delayed for this purpose.
- The landowner/occupier may accompany the authorised person during the inspection, unless they are of the opinion that this would interfere with the purposes of the investigation, or there are other issues preventing it.
- No item may be taken which is the subject of ‘legal privilege’ (i.e. communications with a legal advisor).
- You are entitled to a list or description of taken items, on request, within a reasonable time.
- The taking of items must be done in accordance with the Regulatory Reform (Fire Safety) Order 2005, and must be carried out to create the minimum burden and distress to the occupier.
- Taken property will be retained no longer than is necessary, (e.g. to test, photograph, produce in evidence) unless it is forfeited by court order.
- Where appropriate, you will be allowed supervised access to taken property to examine, photograph or copy it (or you will be provided with photographs/copies) at your expense.
- You may be entitled to compensation for damage caused by the taking of your property in certain circumstances. To consider any application for compensation the matters regarding which compensation is sought should be identified clearly and the reasons for applying for compensation fully set out in writing to the Fire and Rescue Authority at the address on the front of this notice.