Fire Services Act 1990
sec.140Powers of first officer
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sec.140 Powers of first officer
Where, pursuant to notification given under section 139 (2) , a rural fire brigade is in charge of operations for controlling and extinguishing a fire, the first officer of the brigade has, for that purpose— the powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and the control and direction of any person (including any fire officer) whose services are available at the fire. Any power exercisable by the first officer of a rural fire brigade may be exercised by any person acting at the direction of the first officer. Any person exercising a power or discharging a function under this section must comply with any code of practice and with any direction of the commissioner. In this section— first officer includes, where the first officer of a rural fire brigade is unavailable to act, the next senior officer of the brigade who is available. Where a rural fire brigade is assisting in operations for controlling or extinguishing a fire, the person who pursuant to this Act or any direction given by the commissioner is in charge of those operations has the control and direction of the members of the rural fire brigade. s 140 prev s 140 amd 1996 No. 42 ss 20 sch 1 , 21 sch 2 , 3 sch 3 ; 2001 No. 76 ss 24 (1) , 11 sch 2 sub 2014 No. 17 s 100 om 2024 No. 18 s 11 pres s 140 (prev s 83) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 24 (1) ; 2024 No. 22 s 92 sch 1 reloc and renum 2024 No. 22 s 51 (2) (sec.140-ssec.1) Where, pursuant to notification given under section 139 (2) , a rural fire brigade is in charge of operations for controlling and extinguishing a fire, the first officer of the brigade has, for that purpose— the powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and the control and direction of any person (including any fire officer) whose services are available at the fire. (sec.140-ssec.2) Any power exercisable by the first officer of a rural fire brigade may be exercised by any person acting at the direction of the first officer. (sec.140-ssec.3) Any person exercising a power or discharging a function under this section must comply with any code of practice and with any direction of the commissioner. (sec.140-ssec.4) In this section— first officer includes, where the first officer of a rural fire brigade is unavailable to act, the next senior officer of the brigade who is available. (sec.140-ssec.5) Where a rural fire brigade is assisting in operations for controlling or extinguishing a fire, the person who pursuant to this Act or any direction given by the commissioner is in charge of those operations has the control and direction of the members of the rural fire brigade.
- (a) the powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and
- (b) the control and direction of any person (including any fire officer) whose services are available at the fire.