Fire and Rescue Services Act 2004

Powers of English inspectors to obtain information etc E+W

[F1 6 (1) An English inspector may serve on a relevant person a notice requiring the person—

(a) to provide the inspector with any information or documents that the inspector reasonably requires for the purpose of the exercise of the inspection function;

(b) to produce or deliver up to the inspector any evidence or other things that the inspector reasonably requires for that purpose.

This is subject to sub-paragraphs (6) to (8).

(2) In sub-paragraph (1), “relevant person” means—

(a) a fire and rescue authority in England;

(b) an employee of a fire and rescue authority in England;

(c) a person providing services to a fire and rescue authority in England;

(d) an employee of a person providing services to a fire and rescue authority in England;

(e) any other person who is, by virtue of any enactment, carrying out any of the activities of a fire and rescue authority in England.

(3) A notice under this paragraph must—

(a) specify or describe the information, documents, evidence or other things that are required by the inspector;

(b) specify the period within which the information, documents, evidence or other things must be provided, produced or delivered up.

(4) A notice under this paragraph may specify the form and manner in which any information, documents, evidence or other things are to be provided, produced or delivered up.

(5) An English inspector may cancel a notice under this paragraph by written notice to the person on whom it was served.

(6) A notice under this paragraph must not be used to obtain information, or any document or other thing, from a person if—

(a) the information, or the document or other thing, was obtained by that person (directly or indirectly) from a body or other entity mentioned in sub-paragraph (7), or

(b) the information, or the document or other thing, relates to a body or other entity mentioned in that sub-paragraph.

(7) The bodies and other entities referred to in sub-paragraph (6) are—

(a) the Security Service,

(b) the Secret Intelligence Service,

(c) the Government Communications Headquarters, or

(d) any part of Her Majesty’s forces, or of the Ministry of Defence, which engages in intelligence activities.

(8) A notice under this paragraph must not require a person—

(a) to provide information that might incriminate the person;

(b) to provide an item subject to legal privilege within the meaning of the Police and Criminal Evidence Act 1984 (see section 10 of that Act).

(9) In this paragraph—

• “document” means anything in which information of any description is recorded;

• “English inspector” includes—

  (a)

  a person appointed under section 28(A5) as an assistant inspector or other officer;

  (b)

  a person authorised by an English inspector to act on behalf of the inspector for the purposes of this paragraph.]

Textual Amendments

F1 Sch. A3 inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 3