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Information on power and rights

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:

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

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:

(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:

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