Commentary on provisions of Act Section 16: Powers of Ministry of Defence fire-fighters in an emergency
The purpose of this section is to give Ministry of Defence fire-fighters (as defined in subsection (3)) statutory powers to act in an emergency to protect life or property. The powers conferred are the same as those of employees of Fire and Rescue Authorities under section 44 of the Fire and Rescue Services Act 2004, section 25 of the Fire (Scotland) Act 2005 and Article 18 of the Fire and Rescue Services (Northern Ireland) Order 2006.
	Ministry of Defence fire-fighters who are authorised in writing by the Secretary of State for the purposes of section 16 have the powers to act in an emergency that are set out in subsection (1). In particular, where the fire-fighter reasonably believes that a fire has broken out or is about to break out, he or she may do anything that he or she believes is reasonably necessary for the purpose of extinguishing or preventing the fire or protecting life or property (see subsection (1)(a)). Similar powers are conferred in connection with road traffic accidents (see subsection (1)(b)). Subsection (2) provides that the fire-fighters’ powers include powers to enter premises by force if necessary, to close roads and to regulate traffic.
	Subsections (4) to (6) extend the offence in section 1 of the Emergency Workers (Obstruction) Act 2006 so that it is an offence under that section to obstruct or hinder a Ministry of Defence fire-fighter who is acting in an emergency (or a person who is assisting them) in England and Wales, Scotland or Northern Ireland.