User:Ninetyoneschool/test: Difference between revisions
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==Powers== |
==Powers== |
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===England & Wales=== |
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====In emergencies==== |
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Employees of fire services may be authorised by the authority to excersise particular powers under Part 6 of the [[Fire Services Act 2004]]. |
Employees of fire services may be authorised by the authority to excersise particular powers under Part 6 of the [[Fire and Rescue Services Act 2004]]. |
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They may do anything they reasonably believe to be necessary for the purpose of:<ref>http://www.opsi.gov.uk/Acts/acts2004/ukpga_20040021_en_7#pt6-pb1-l1g44</ref> |
They may do anything they reasonably believe to be necessary for the purpose of:<ref>http://www.opsi.gov.uk/Acts/acts2004/ukpga_20040021_en_7#pt6-pb1-l1g44</ref> |
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*extinguishing or preventing the fire or protecting life or property (if they reasonably believe a fire to have broken out or to be about to break out), |
*extinguishing or preventing the fire or protecting life or property (if they reasonably believe a fire to have broken out or to be about to break out), |
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*discharging any function conferred on the fire and rescue authority in relation to the emergency (if they reasonably believe an emergency of another kind to have occurred), or |
*discharging any function conferred on the fire and rescue authority in relation to the emergency (if they reasonably believe an emergency of another kind to have occurred), or |
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*preventing or limiting damage to property resulting from action taken as mentioned above. |
*preventing or limiting damage to property resulting from action taken as mentioned above. |
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An "emergency" means an event or situation that causes or is likely to cause:<ref>http://www.opsi.gov.uk/acts/acts2004/ukpga_20040021_en_8#pt7-l1g58</ref> |
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*one or more individuals to die, be seriously injured or become seriously ill, or |
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*serious harm to the environment (including the life and health of plants and animals). |
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They may also:<ref>http://www.opsi.gov.uk/Acts/acts2004/ukpga_20040021_en_7#pt6-pb1-l1g44</ref> |
They may also:<ref>http://www.opsi.gov.uk/Acts/acts2004/ukpga_20040021_en_7#pt6-pb1-l1g44</ref> |
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*enter premises or a place, by force if necessary, without the consent of the owner or occupier of the premises or place, |
*enter premises or a place, by force if necessary, without the consent of the owner or occupier of the premises or place, |
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*restrict the access of persons to premises or a place. |
*restrict the access of persons to premises or a place. |
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===Investigations=== |
====Investigations==== |
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===Scotland=== |
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====In emergencies==== |
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An employee of a fire authority who is authorised in writing by the authority for the purposes of Section 25 of the [[Fire (Scotland) Act 2005]] and on duty may:<ref name="S25">http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050005_en_3#pt2-ch5-pb1-l1g25</ref> |
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*if the employee reasonably believes that a fire has broken out, do anything the employee reasonably believes to be necessary for the purpose of— |
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**extinguishing the fire; or |
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**protecting life or property; |
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*if the employee reasonably believes that a road traffic accident has occurred, do anything the employee reasonably believes to be necessary for the purpose of— |
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**rescuing people; or |
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**protecting them from serious harm; |
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*if the employee reasonably believes that an emergency other than a fire or road traffic accident has occurred, do anything the employee reasonably believes to be necessary for the purpose of carrying out any function conferred on the authority in relation to the emergency; and |
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*do anything the employee reasonably believes to be necessary for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in paragraph (a), (b) or (c). |
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An authorised employee may in particular:<ref name="S25"/> |
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*enter premises or a place (by force if necessary); |
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*move a vehicle without the consent of its owner; |
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*force open and enter a lockfast vehicle; |
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*close a road; |
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*stop and regulate traffic; |
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*restrict the access of persons to premises or a place. |
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====Carrying out of functions==== |
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An employee of a fire authority who is authorised in writing by the authority for the purposes of Section 28 may at any reasonable time enter premises for the purpose of obtaining information needed for the carrying out of the authority’s functions under [http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050005_en_3#pt2-ch2-l1g9 section 9], [http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050005_en_3#pt2-ch2-l1g910 section 10] or [http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050005_en_3#pt2-ch2-l1g11 section 11] of the Fire (Scotland) Act 2005.<ref name="S27"> http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050005_en_3#pt2-ch5-pb2-l1g27</ref> |
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An authorised employee may not:</ref name="S27"> |
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*enter premises by force; or |
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*demand admission to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling. |
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If, on the application of an authorised employee, a [[Sheriff#Scotland|sheriff]] or [[justice of the peace]] is satisfied that: |
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*it is necessary for the employee to enter premises, and |
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*the employee is unable to do so, or is likely to be unable to do so, otherwise than by force, |
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the sheriff or justice may issue a warrant authorising the employee to enter the premises by force at any reasonable time.</ref name="S27"> |
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If a [[Sheriff#Scotland|sheriff]] or [[justice of the peace]] is satisfied that |
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*that it is necessary for the employee to enter premises without giving notice |
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the sheriff or justice may issue a warrant authorising the employee to enter the premises at any time (by force if necessary).</ref name="S27"> |
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If an authorised employee exercises a power of entry by virtue of this section, the employee may take onto the premises such other persons and such equipment as the employee considers necessary, and require any person present on the premises to provide the employee with any facilities, information, documents or records, or other assistance that the employee may reasonably request.</ref name="S27"> |
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Before entering the premises, or at any time before leaving the premises, an authorised employee exercising a power of entry shall, if so required, produce evidence of the employee’s authorisation for the purpose of this section, and any warrant.</ref name="S27"> |
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====Investigations into fires==== |
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An employee of a relevant authority who is authorised in writing by the authority for the purposes of Section (an “authorised employee”) may, at any reasonable time (by force if necessary), enter premises in which there has been a fire for the purpose of investigating what caused the fire, or why it progressed as it did.<ref name="S29">http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050005_en_3#pt2-ch5-pb2-l1g29</ref> |
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If an authorised employee exercises the power above the employee may:</ref name="S29"> |
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*take onto the premises such other persons, and such equipment as the employee considers necessary, |
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*inspect and copy any documents or records on the premises or remove them from the premises, |
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*carry out any inspections, measurements and tests in relation to he premises,or an article or substance found on the premises, |
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that the employee considers necessary; |
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*take samples of an article or substance 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), |
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*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), |
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*take possession of an article or substance found on the premises and retain it for as long as is necessary for the purpose of: |
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**examining it and doing anything the employee has power to do under the paragraphs above, |
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**ensuring that it is not tampered with before the employee’s examination of it is completed, or |
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**ensuring that it is available for use as evidence in proceedings for an offence relevant to the investigation, |
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*require a person present on the premises to provide the employee with any facilities, information, documents or records, or other assistance that the employee may reasonably request. |
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An authorised employee exercising the power of entry shall, if so required, produce evidence of the employee’s authorisation for the purpose of this section before entering the premises, or at any time before leaving the premises.</ref name="S29"> |
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If an authorised employee exercises the power to take samples the employee shall:</ref name="S29"> |
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*leave a notice at the premises with a responsible person (or, if that is impracticable, fixed in a prominent position) giving particulars of the article or substance and stating that the employee has taken a sample of it, and |
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*if it is practicable to do so, give such a person at the premises a portion of the sample marked in a manner sufficient to identify it. |
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If an authorised employee exercises the power to take possession of an article or substance the employee shall 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 the employee has taken possession of it.</ref name="S29"> |
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This section applies in relation to vehicles as it applies in relation to premises, and:</ref name="S29"> |
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*gives the power to enter premises in which a vehicle in which there has been a fire is being kept, |
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*gives the power to take persons and equipment to the place where a vehicle is, and |
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*references to premises include references to premises in which vehicles are kept. |
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In this section “premises” includes land.</ref name="S29"> |
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===Northern Ireland=== |
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====In emegencies==== |
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==References== |
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{{reflist}} |
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'''Liberal Democratic Party''' or '''Democratic Liberal Party''' is the name of dozens of [[political party|political parties]] around the world: |
'''Liberal Democratic Party''' or '''Democratic Liberal Party''' is the name of dozens of [[political party|political parties]] around the world: |
Revision as of 09:02, 5 May 2009
Powers
England & Wales
In emergencies
Employees of fire services may be authorised by the authority to excersise particular powers under Part 6 of the Fire and Rescue Services Act 2004. They may do anything they reasonably believe to be necessary for the purpose of:[1]
- extinguishing or preventing the fire or protecting life or property (if they reasonably believe a fire to have broken out or to be about to break out),
- rescuing people or protecting them from serious harm (if they reasonably believe a road traffic accident to have occurred),
- discharging any function conferred on the fire and rescue authority in relation to the emergency (if they reasonably believe an emergency of another kind to have occurred), or
- preventing or limiting damage to property resulting from action taken as mentioned above.
An "emergency" means an event or situation that causes or is likely to cause:[2]
- one or more individuals to die, be seriously injured or become seriously ill, or
- serious harm to the environment (including the life and health of plants and animals).
They may also:[3]
- enter premises or a place, by force if necessary, without the consent of the owner or occupier of the premises or place,
- move or break into a vehicle without the consent of its owner,
- close a highway,
- stop and regulate traffic, or
- restrict the access of persons to premises or a place.
Investigations
Scotland
In emergencies
An employee of a fire authority who is authorised in writing by the authority for the purposes of Section 25 of the Fire (Scotland) Act 2005 and on duty may:[4]
- if the employee reasonably believes that a fire has broken out, do anything the employee reasonably believes to be necessary for the purpose of—
- extinguishing the fire; or
- protecting life or property;
- if the employee reasonably believes that a road traffic accident has occurred, do anything the employee reasonably believes to be necessary for the purpose of—
- rescuing people; or
- protecting them from serious harm;
- if the employee reasonably believes that an emergency other than a fire or road traffic accident has occurred, do anything the employee reasonably believes to be necessary for the purpose of carrying out any function conferred on the authority in relation to the emergency; and
- do anything the employee reasonably believes to be necessary for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in paragraph (a), (b) or (c).
An authorised employee may in particular:[4]
- enter premises or a place (by force if necessary);
- move a vehicle without the consent of its owner;
- force open and enter a lockfast vehicle;
- close a road;
- stop and regulate traffic;
- restrict the access of persons to premises or a place.
Carrying out of functions
An employee of a fire authority who is authorised in writing by the authority for the purposes of Section 28 may at any reasonable time enter premises for the purpose of obtaining information needed for the carrying out of the authority’s functions under section 9, section 10 or section 11 of the Fire (Scotland) Act 2005.[5] An authorised employee may not:</ref name="S27">
- enter premises by force; or
- demand admission to premises occupied as a private dwelling unless 24 hours' notice in writing has first been given to the occupier of the dwelling.
If, on the application of an authorised employee, a sheriff or justice of the peace is satisfied that:
- it is necessary for the employee to enter premises, and
- the employee is unable to do so, or is likely to be unable to do so, otherwise than by force,
the sheriff or justice may issue a warrant authorising the employee to enter the premises by force at any reasonable time.</ref name="S27"> If a sheriff or justice of the peace is satisfied that
- that it is necessary for the employee to enter premises without giving notice
the sheriff or justice may issue a warrant authorising the employee to enter the premises at any time (by force if necessary).</ref name="S27">
If an authorised employee exercises a power of entry by virtue of this section, the employee may take onto the premises such other persons and such equipment as the employee considers necessary, and require any person present on the premises to provide the employee with any facilities, information, documents or records, or other assistance that the employee may reasonably request.</ref name="S27">
Before entering the premises, or at any time before leaving the premises, an authorised employee exercising a power of entry shall, if so required, produce evidence of the employee’s authorisation for the purpose of this section, and any warrant.</ref name="S27">
Investigations into fires
An employee of a relevant authority who is authorised in writing by the authority for the purposes of Section (an “authorised employee”) may, at any reasonable time (by force if necessary), enter premises in which there has been a fire for the purpose of investigating what caused the fire, or why it progressed as it did.[6]
If an authorised employee exercises the power above the employee may:</ref name="S29">
- take onto the premises such other persons, and such equipment as the employee considers necessary,
- inspect and copy any documents or records on the premises or remove them from the premises,
- carry out any inspections, measurements and tests in relation to he premises,or an article or substance found on the premises,
that the employee considers necessary;
- take samples of an article or substance 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),
- 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),
- take possession of an article or substance found on the premises and retain it for as long as is necessary for the purpose of:
- examining it and doing anything the employee has power to do under the paragraphs above,
- ensuring that it is not tampered with before the employee’s examination of it is completed, or
- ensuring that it is available for use as evidence in proceedings for an offence relevant to the investigation,
- require a person present on the premises to provide the employee with any facilities, information, documents or records, or other assistance that the employee may reasonably request.
An authorised employee exercising the power of entry shall, if so required, produce evidence of the employee’s authorisation for the purpose of this section before entering the premises, or at any time before leaving the premises.</ref name="S29">
If an authorised employee exercises the power to take samples the employee shall:</ref name="S29">
- leave a notice at the premises with a responsible person (or, if that is impracticable, fixed in a prominent position) giving particulars of the article or substance and stating that the employee has taken a sample of it, and
- if it is practicable to do so, give such a person at the premises a portion of the sample marked in a manner sufficient to identify it.
If an authorised employee exercises the power to take possession of an article or substance the employee shall 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 the employee has taken possession of it.</ref name="S29">
This section applies in relation to vehicles as it applies in relation to premises, and:</ref name="S29">
- gives the power to enter premises in which a vehicle in which there has been a fire is being kept,
- gives the power to take persons and equipment to the place where a vehicle is, and
- references to premises include references to premises in which vehicles are kept.
In this section “premises” includes land.</ref name="S29">
Northern Ireland
In emegencies
References
- ^ http://www.opsi.gov.uk/Acts/acts2004/ukpga_20040021_en_7#pt6-pb1-l1g44
- ^ http://www.opsi.gov.uk/acts/acts2004/ukpga_20040021_en_8#pt7-l1g58
- ^ http://www.opsi.gov.uk/Acts/acts2004/ukpga_20040021_en_7#pt6-pb1-l1g44
- ^ a b http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050005_en_3#pt2-ch5-pb1-l1g25
- ^ http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050005_en_3#pt2-ch5-pb2-l1g27
- ^ http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050005_en_3#pt2-ch5-pb2-l1g29
Liberal Democratic Party or Democratic Liberal Party is the name of dozens of political parties around the world:
Former parties
- Belgium — Flemish Liberals and Democrats
- Bosnia and Herzegovina — Liberal Democratic Party
- Croatia — Party of Liberal Democrats
- Cuba — Liberal Democratic Party
- El Salvador — Liberal Democratic Party
- European Union — European Liberal, Democrat and Reform Party
- France — Liberal Democratic Party
- Germany — Free Democratic Party, sometimes mistanslated as Liberal Democratic Party
- Italy — Liberal Democrats; Pact of Liberal Democrats
- Japan — Liberal Democratic Party
- Kenya — Liberal Democratic Party
- Lithuania — Liberal Democratic Party
- Malaysia — Liberal Democratic Party
- Mozambique — Liberal Democratic Party of Mozambique
- Republic of Macedonia — Liberal Democratic Party
- Russia — Liberal Democratic Party of Russia
- Serbia — Liberal Democratic Party (2005); Liberal Democratic Party (1989)
- Slovenia — Liberal Democracy of Slovenia
- South Korea — United Liberal Democrats
- Turkey — Liberal Democratic Party
- Ukraine — Liberal Democratic Party of Ukraine
- United Kingdom — Liberal Democrats
- Uzbekistan — Liberal Democratic Party
Defunct parties of the name include:
- Armenia — Democratic Liberal Party
- Chile — Liberal Democratic Party
- East Germany — Liberal Democratic Party of Germany
- France — Liberal Democracy
- Hong Kong — Liberal Democratic Federation
- Romania — Liberal Democratic Party
Liberal Democrat Party (defunct)