Data Protection and Fire Law

[Ricardo]

Can I ask how it would work with the FSO if in a holiday let/self catering arrangement, an enforcing authority wanted to audit such places but were unable to identify who the responsible person was, they could only communicate with a company who advertised the said places for hire, on behalf of the responsible person, but refused point blank to co-operate with the enforcing authority and provide any details of who the RP for these places were. Indicating that it would breech the Data Protection Act to divulge such info

[kurnal]

There is an easy answer to this one - Bo****ks. Folks hiding behind ignorance of their own responsibility. But I wont quote chapter and verse of English Law to you Ricardo as you are in Scotland. So shall defer to others.

Just consider how you would deal with dangerous conditions should you need to issue a prohibition notice?

Half the idiots who quote such nonsense have not even fulfilled their own legal duties to register their own business with the information commissioner.

Read em their rights  Ricardo!.

"the truth is often spoken when theres a firm grip on the scrotum"

[Midland Retty]

Yes unfortunately the managing agent in question is wrong and the Data Protection Act does not superseed or take precedence over any criminal investigation in any circumstances.

Im not familar with the Scottish Legislation but I dare say it will have similar provisions to that in England and Wales in that inspectors have powers to establish who an RP is, and can prosecute anyone who obstructs them.

So you have a legal right to ascertain whom the RP is, and the managing agents are potentially obstructing you by refusing to provide the info.

That said if you contacted them by phone they may just think you are someone pretending to be a fire officer. So if possible send a fax or other official communication displaying info on how they can verify your identity and authority.

If they continue to refuse after that then book 'em danno!

[Ricardo]

Thanks to both for the feedback


The people here who seem to be obstructive are an "advertising agency" so not sure that means they are the managing agents at all, (RP)

I believe it is the MA that the enforcers are attempting to track down, and just wondered how a similar issue may be treated down south.

I was thinking that if this advertisers are being obstructive, then possible they are in breech of Article 32(10)? there is a similar Section in Scotland.


I was also thinking that the enforcers can just initially bypass the advertisers and just head for the holiday lets/self catering apartments, and attempt to talk to whoever is residing there, ask who they pay rent to thats all, attempt to get details of the RP that way, If they say they are paying the advertiser, then might that be then that they are someone with a degree of control over the premises? and have a legal responsibility under fire law?


Then the enforcers could conduct as much as an audit that they could, and serve an EN and issue it to someone within the let to pass to the RP and additionally send a copy to the advertisers. The EN could give a period of time for the RP to conduct a FRA and provide an action plan for any remedial works. Scottish fire law allows for any official document to be served at the address in question, and where the full details of a dutyholder is not available to write on the document "to the person with Chapter 1 Duties"

Any failures to comply may mean the advertisers being brought to task??? in addition to or instead of the RP

                            

[Clevelandfire 3]

Slow down on a bit you are getting a bit ahead of yourself.It wouldnt be too clever to bypass the advertiser and just collar anyone who might be residing at the said premise beause they could be innocent holiday makers. The simple answer is that the advertisers might well be the managing agents and even if they are not they should tell the fire service who the landlord is. Notices could be served on advertiser if it came to it. I wouldnt even entertain approaching the property to see who is staying there.

[Ricardo]

Thanks Cleveland, good advice, I agree anyone staying there would  or should be innocent holidaymakers, I have no problems with that, it is just a thought that they may be able to offer some sound intelligence

[Mike Buckley]

Richardo,

Remember that in law a company is also a "person" and notices could be served on the MD and/or Company Secretary.