With the UK braced for another warm summer, the likelihood of wildfires, accidents, and heat-related emergencies places significant pressure on our emergency services. Against this backdrop, it is timely to revisit the Fire and Rescue Services Act 2004, which sets out the core functions, powers, and enforcement mechanisms that govern fire and rescue authorities. This article also highlights some of the liabilities that organisations and individuals face in failing to comply with the Act.
Core Functions
A fire and rescue authority (FRA) has three primary core functions:
- fire safety;
- fire-fighting; and
- road traffic accidents.
Fire Safety (section 6)
A FRA is obliged to make provision for promoting fire safety in its area; which entails providing information, publicity and encouragement on fire prevention and reducing deaths or injuries caused by fire.
There is also an obligation to give advice (on request) about preventing and restricting the spread of fire and ensuring a safe means of escape from buildings.
Fire-fighting (section 7)
Provision must be made by FRA’s for extinguishing fires and protecting life and property in the event of a fire. In fulfilling this duty they must:
- secure the provision of the trained personnel, services and equipment necessary to cater for foreseeable requirements.
- maintain arrangements for responding to calls for assistance.
- gather and maintain operational information.
- take reasonable steps to prevent or limit property damage caused during firefighting activity.
Road traffic accidents (section 8)
FRA’s must rescue people from road traffic accidents and protect them from serious harm, where reasonable. This duty includes:
- ensuring adequate personnel, equipment, and training.
- making arrangements for dealing with calls for help and for summoning personnel.
- making arrangements for obtaining information needed for this function.
- minimising damage to property during rescue operations.
In addition, the Secretary of State (in England) and the Welsh Government (in Wales) can direct FRA’s to undertake further functions. FRA’s may also enter into agreements with other bodies who retain fire fighters (such as private fire brigades at airports) to ensure effective coverage.
Statutory Powers of Firefighters
The Act provides authorised firefighters and officers with important enabling powers to discharge their functions effectively. These include the authority, where reasonably necessary, to:
- enter premises, by force if required, without the consent of the occupier.
- move or break into vehicles.
- close roads or regulate traffic.
Authorised officers may also enter premises to gather information, investigate the cause and spread of fires, or obtain intelligence relevant to firefighting and rescue duties. However, they cannot use force to enter private dwellings without notice, except with judicial authorisation.
Authorised officers may take other persons or equipment with them and can request those present to provide information, documentation, or assistance.
Offences
The Fire and Rescue Services Act 2004 prescribes that certain actions are liable to prosecution, for example:
| Offence | Penalty (Standard Scale) | Maximum Fine |
| Failure of a water undertaker to provide adequate water for firefighting | Level 5 | Unlimited |
| Damaging or obstructing a fire hydrant | Level 2 | £500 |
| Carrying out water supply works without notifying the FRA (6 weeks’ notice, or 7 days if affecting hydrant) | Level 5 | Unlimited |
| Giving a false alarm of fire | Level 4 | £2,500 and/or imprisonment |
| Obstructing or failing to assist an authorised officer | Level 3 | £1,000 |
Criminal Enforcement Action
When undertaking any criminal enforcement investigations FRA’s must comply with the Police and Criminal Evidence Act 1984 (PACE), ensuring that investigations are lawful, proportionate, and that individuals under investigation have access to legal advice.
Authorities must also have regard to the Code for Crown Prosecutors, which sets out the evidential sufficiency and public interest tests when deciding whether to pursue prosecutions.
Conclusion
The Fire and Rescue Services Act 2004 provides the framework within which fire and rescue authorities operate, balancing their public protection duties with investigative and enforcement powers.
For organisations and individuals, non-compliance can have serious consequences; from disruption and reputational damage to unlimited fines and criminal liability. For fire and rescue personnel, the Act underpins their authority to act decisively in protecting life, property, and communities.
As climate change increases the risk of severe weather and associated emergencies, awareness of these duties and obligations has never been more vital.
Huw Davies
Huw Davies has extensive experience advising organisations and individuals on regulatory enforcement. If you have questions about this article or need support in relation to regulatory enforcement or prosecutions please contact Huw at HDavies@1ec.co.uk.
