Fire Safety Act 1993 · 2020 Revised Edition · Part 5 · Regulated Fire Safety Products
76. Power to enter premises to carry out direction without notice or warrant
Feedback & supportLast amended by an amending law of 2019.
If —
a person to whom a direction mentioned in section 73(1) is given refuses or fails to comply with the direction; and
the Commissioner has reasonable grounds to believe in respect of any premises that the non‑compliant fire safety product is posing an imminent danger affecting public safety,the Commissioner —
may authorise any member (called in this section an authorised member) to enter the premises without warrant to carry out the direction; and
may recover the costs and expenses reasonably incurred in carrying out the direction as a debt due to the Government from that person.
If the owner or occupier of the premises is present when an authorised member seeks to enter the premises, the authorised member must show the owner or occupier the identity card or identification card and the duly authenticated document mentioned in section 75(3).
occupier
“occupier”, in relation to any premises, means the person in occupation of the premises or having the charge, management or control thereof and, in relation to any part of any premises different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;
If the owner or occupier is not present when entry under subsection (2) is sought, but some other person who appears to be in charge of the premises is present, then subsection (2) applies to that other person as if that other person were the owner or occupier.
premises
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built or not, whether public or private, and whether or not maintained under statutory authority;
An authorised member entering the premises under this section may do all or any of the following:
member
“member” has the meaning given by the Civil Defence Act 1986 and includes any public officer serving in the Force as engineering or technical staff;
take with him or her such other persons as may be necessary;
break open any outer or inner door or window leading to the premises;
forcibly enter the premises and every part of the premises;
remove by force any obstruction to the entry;
remove or demolish any fixtures or fittings in the premises if such removal or demolition is necessary for carrying out the direction mentioned in section 73(1).
If the premises are unoccupied at the time of entry, the authorised member must leave the premises as effectually secured against trespassers as the authorised member found the premises.
Subject to subsection (5), the Commissioner is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (4)(e).[33D
Commissioner
“Commissioner” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986;