SCHEDULES
F1Schedule A3English Inspectors
6Powers of English inspectors to obtain information etc
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.
- a
Sch. A3 inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 3