Fire and Rescue Services Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Fire and Rescue Services Bill

Fire and Rescue Services Bill
Part 5 — Water supply
18

Police
36
Prohibition on employment of police
No member of a police force may be employed by a fire and rescue authority
for the purpose of discharging any of the authority’s functions under this Act.
Part 5
5
Water supply
37
Duty to secure water supply etc
(1)
A fire and rescue authority must take all reasonable measures for securing that
an adequate supply of water will be available for the authority’s use in the
event of fire.
10
(2)
A fire and rescue authority may use any suitable supply of water for the
purposes of extinguishing a fire or protecting life or property in the event of a
fire (but must pay reasonable compensation for the water).
(3)
Subsection (2) is subject to—
(a)
an agreement under section 38 or 40;
15
(b)
section 147 of the Water Industry Act 1991 (c. 56) (charging for
emergency use of water).
38
Supply of water by water undertakers
(1)
A fire and rescue authority may enter into an agreement with a water
undertaker for the purposes of section 37(1).
20
(2)
An agreement under subsection (1) may include terms as to payment to be
made to the undertaker, subject to section 147 of the Water Industry Act 1991
(charging for emergency use of water).
(3)
A water undertaker must enter into any agreement reasonably proposed by a
fire and rescue authority under subsection (1).
25
(4)
An obligation of a water undertaker under an agreement under subsection (1),
or under subsection (3), is enforceable by the Secretary of State under section
18 of the Water Industry Act 1991 (orders for securing compliance).
39
Emergency supply by water undertaker
(1)
If a fire and rescue authority requests a water undertaker to provide a supply
30
and pressure of water for the purposes of extinguishing a fire that is greater
than the undertaker would otherwise provide, the undertaker must take all
necessary steps in order to do so.
(2)
For the purposes of complying with its obligation under subsection (1) a water
undertaker may shut off the water from the mains and pipes in any area.
35
(3)
No authority or person is liable to any penalty or claim arising because of
anything done by a water undertaker in complying with its obligation under
subsection (1).

Fire and Rescue Services Bill
Part 5 — Water supply
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(4)
A water undertaker commits an offence if, without reasonable excuse, it fails to
take any step which it is obliged to take under subsection (1).
(5)
A water undertaker guilty of an offence under subsection (4) is liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
40
Supply by other persons
5
For the purposes of section 37(1), a fire and rescue authority may enter into an
agreement—
(a)
to secure the use of water under the control of a person other than a
water undertaker;
(b)
to improve access to any such water;
10
(c)
to lay and maintain pipes and to carry out other works in connection
with the use of such water.
41
Fire hydrants
(1)
A water undertaker must cause the location of every fire hydrant provided by
it to be clearly indicated by a notice or distinguishing mark.
15
(2)
A water undertaker may place such a notice or mark on a wall or fence
adjoining a highway or public place.
(3)
The expenses incurred by a water authority under subsection (1) in relation to
a fire hydrant are to be borne by the fire and rescue authority in whose area the
hydrant is located.
20
(4)
The Secretary of State may make regulations providing for uniformity in fire
hydrants provided by water undertakers and in the notices or marks indicating
their location.
(5)
An obligation of a water undertaker under subsection (1), or regulations under
subsection (4), is enforceable by the Secretary of State under section 18 of the
25
Water Industry Act 1991 (c. 56) (orders for securing compliance).
(6)
A person commits an offence if he uses a fire hydrant otherwise than—
(a)
for the purposes of fire-fighting or for any other purposes of a fire and
rescue authority, or
(b)
for any purpose authorised by the water undertaker or other person to
30
whom the hydrant belongs.
(7)
A person commits an offence if he damages or obstructs a fire hydrant,
otherwise than in consequence of use for the purposes mentioned in subsection
(6).
(8)
A person guilty of an offence under subsection (6) or (7) is liable on summary
35
conviction to a fine not exceeding level 2 on the standard scale.
42
Notice of works affecting water supply and fire hydrants
(1)
A person who proposes to carry out works for the purpose of supplying water
to any part of the area of a fire and rescue authority must give at least 6 weeks’
notice in writing to the authority.
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Fire and Rescue Services Bill
Part 6 — Supplementary
20

(2)
A person who proposes to carry out works affecting a fire hydrant must give
at least 7 days’ notice in writing to the fire and rescue authority in whose area
the hydrant is situated.
(3)
If it is not practicable for a person to give notice as required by subsection (1)
or (2), he is to be regarded as having given the notice required by that
5
subsection if he gives notice as soon as practicable.
(4)
A person commits an offence if, without reasonable excuse, he fails to give
notice as required by subsection (1) or (2).
(5)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
10
Part 6
Supplementary
Powers in the event of emergency etc
43
Powers of fire-fighters etc in an emergency etc
(1)
An employee of a fire and rescue authority who is authorised in writing by the
15
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, for the purpose of
extinguishing the fire or protecting life or property;
(b)
if he reasonably believes a road traffic accident to have occurred, for the
20
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
25
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;
30
(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.
(3)
A person commits an offence if without reasonable excuse he obstructs or
35
interferes with an employee of a fire and rescue authority taking action
authorised under this section.
(4)
A person guilty of an offence under subsection (3) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

Fire and Rescue Services Bill
Part 6 — Supplementary
21

Powers of entry
44
Obtaining information and investigating fires
(1)
An authorised officer may at any reasonable time enter premises—
(a)
for the purpose of obtaining information needed for the discharge of a
fire and rescue authority’s functions under section 7, 8 or 9, or
5
(b)
if there has been a fire in the premises, for the purpose of investigating
what caused the fire or why it progressed as it did.
(2)
In this section and section 45, “authorised officer” means an employee of a fire
and rescue authority who is authorised in writing by the authority for the
purposes of this section.
10
(3)
An authorised officer may not under subsection (1)—
(a)
enter premises by force, or
(b)
demand admission as of right to premises occupied as a private
dwelling unless 24 hours’ notice in writing has first been given to the
occupier of the dwelling.
15
(4)
An authorised officer may not under subsection (1)(b) enter as of right
premises in which there has been a fire if—
(a)
the premises are unoccupied, and
(b)
the premises were occupied as a private dwelling immediately before
the fire,
20

unless 24 hours’ notice in writing has first been given to the person who was
the occupier of the dwelling immediately before the fire.
(5)
An authorised officer may apply to a justice of the peace if—
(a)
he considers it necessary to enter premises for the purposes of
subsection (1), but
25
(b)
he is unable to do so, or considers that he is likely to be unable to do so,
otherwise than by force.
(6)
If on an application under subsection (5) a justice is satisfied that—
(a)
it is necessary for the officer to enter the premises for the purposes of
subsection (1), and
30
(b)
he is unable to do so, or is likely to be unable to do so, otherwise than
by force,

he may issue a warrant authorising the officer to enter the premises by force at
any reasonable time.
(7)
An authorised officer may also apply to a justice of the peace if he considers it
35
necessary to enter a dwelling for the purposes of subsection (1) without giving
notice as required by subsection (3)(b) or (4).
(8)
If on an application under subsection (7) a justice is satisfied that it is necessary
for the authorised officer to enter the dwelling for the purposes of subsection
(1) without giving notice as required by subsection (3)(b) or (4), the justice may
40
issue a warrant authorising the officer to enter the premises at any time (by
force if necessary).
(9)
An authorised officer exercising a power of entry under this section must, if so
required, produce evidence of his authorisation under subsection (2), and any
warrant under subsection (6) or (8)—
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Fire and Rescue Services Bill
Part 6 — Supplementary
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(a)
before entering the premises, or
(b)
at any time before leaving the premises.
45
Supplementary powers
(1)
If an authorised officer exercises a power of entry under section 44(1)(a), he
may—
5
(a)
take with him any other persons, and any equipment, that he considers
necessary;
(b)
require any person present on the premises to provide him with any
facilities, information, documents or records, or other assistance, that
he may reasonably request.
10
(2)
If an authorised officer exercises a power of entry under section 44(1)(b) he
may—
(a)
take with him any other persons, and any equipment, that he considers
necessary;
(b)
inspect and copy any documents or records on the premises or remove
15
them from the premises;
(c)
carry out any inspections, measurements and tests in relation to the
premises, or to an article or substance found on the premises, that he
considers necessary;
(d)
take samples of an article or substance found on the premises, but not
20
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;
25
(f)
take possession of an article or substance found on the premises and
detain it for as long as is necessary for any of these purposes—
(i)
to examine it and do anything he has power to do under
paragraph (c) or (e);
(ii)
to ensure that it is not tampered with before his examination of
30
it is completed;
(iii)
to ensure 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 him with any
facilities, information, documents or records, or other assistance, that
35
he may reasonably request.
(3)
If an authorised officer exercises the power in subsection (2)(d) he must—
(a)
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 he has taken a sample of it, and
40
(b)
if it is practicable to do so, give to a responsible person at the premises
a portion of the sample marked in a manner sufficient to identify it.
(4)
If an authorised officer exercises the power in subsection (2)(f) he must 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
45
substance and stating that he has taken possession of it.
(5)
If in the exercise of any power under section 44 or this section an authorised
officer enters premises which are unoccupied, or from which the occupier is

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Part 6 — Supplementary
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temporarily absent, he must on his departure leave the premises as effectively
secured against unauthorised entry as he found them.
(6)
A person commits an offence if without reasonable excuse—
(a)
he obstructs the exercise of any power under section 44 or this section,
or
5
(b)
he fails to comply with any requirement under subsection (1)(b) or
(2)(g).
(7)
A person guilty of an offence under subsection (6) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
46
Notices: general
10
(1)
The notice required by section 44(3)(b) may be given—
(a)
by delivering it to the occupier of the dwelling,
(b)
by leaving it for him at the dwelling, or
(c)
by sending it by post to him at the dwelling.
(2)
The notice required by section 44(4) may be given—
15
(a)
by delivering it to the person who was the occupier of the dwelling
immediately before the fire concerned,
(b)
by leaving it for him at his proper address, or
(c)
by sending it by post to him at that address.
(3)
The proper address of a person for the purposes of subsection (2) and section 7
20
of the Interpretation Act 1978 (c. 30) is—
(a)
if he has specified an address in the United Kingdom as his address for
the purposes of the notice required by section 44(4), that address;
(b)
in any other case, his last known address.
(4)
If the name or address of the person to whom notice under section 44(3)(b) or
25
(4) is required to be given cannot be ascertained after reasonable inquiry, the
notice may be given—
(a)
by leaving it in the hands of a person who is or appears to be resident
in the dwelling, or
(b)
by leaving it affixed to a conspicuous part of the dwelling.
30
47
Notices given electronically
(1)
This section applies if the notice required by section 44(3)(b) or (4) is
transmitted to the person to whom it is required to be given (“the recipient”)—
(a)
by means of an electronic communications network (within the
meaning given by section 32 of the Communications Act 2003 (c. 21)), or
35
(b)
by other means but in a form that nevertheless requires the use of
apparatus by the recipient to render it intelligible.
(2)
The transmission has effect as a delivery of the notice to the recipient only if he
has indicated to the fire and rescue authority on whose behalf the transmission
is made his willingness to receive a notice under section 44 transmitted in the
40
form and manner used.
(3)
An indication to a fire and rescue authority for the purposes of subsection (2)—
(a)
must be given to the authority in any manner it requires;

Fire and Rescue Services Bill
Part 6 — Supplementary
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(b)
may be a general indication or one that is limited to notices of a
particular description;
(c)
must state the address to be used and must be accompanied by any
other information which the authority requires for the making of the
transmission;
5
(d)
may be modified or withdrawn at any time by a notice given to the
authority in any manner it requires.
(4)
If the making of the transmission has been recorded in the computer system of
the fire and rescue authority on whose behalf it is made, it must be presumed,
unless the contrary is proved, that the transmission—
10
(a)
was made to the person recorded in that system as receiving it;
(b)
was made at the time recorded in that system as the time of delivery;
(c)
contained the information recorded on that system in respect of it.
False alarms
48
False alarms of fire
15
(1)
A person commits an offence if he knowingly gives or causes to be given a false
alarm of fire to a person acting on behalf of a fire and rescue authority.
(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction—
(a)
to a fine not exceeding level 4 on the standard scale,
20
(b)
to imprisonment for a term not exceeding 51 weeks, or
(c)
to both.
(3)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003, the reference in subsection (2)(b) to 51 weeks
is to be read as a reference to 3 months.
25
Advisory bodies
49
Payments in respect of advisory bodies
(1)
The Secretary of State may make any payments he considers appropriate in
respect of the expenses of a body established for the purpose of advising him
on any matter in relation to which provision is made by this Act.
30
(2)
The Secretary of State may make a payment under this section—
(a)
to any person he considers appropriate;
(b)
subject to any conditions he considers appropriate.
Consequential provision
50
Abolition of Central Fire Brigades Advisory Council
35
The Central Fire Brigades Advisory Council is abolished.
51
Repeal of Fire Services Act 1947
The Fire Services Act 1947 (c. 41) shall cease to have effect.