The Fire (Charging) (Scotland) Order 2005

Made: 7th June 2005

Laid before the Scottish Parliament: 10th June 2005

Coming into force in accordance with article 1(1)

The Scottish Ministers, in exercise of the powers conferred by sections 16 and 88(2) of the Fire (Scotland) Act 2005[^f00001], and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Fire (Charging) (Scotland) Order 2005 and shall come into force on the day on which section 16 of the Fire (Scotland) Act 2005 come into force.

• (2) In this Order–

• “the Act” means the Fire (Scotland) Act 2005;

• “operator” means the person who, as occupier or otherwise, has control of the premises, structure, lift or vehicle, as the case may be, in connection with the carrying on by him of a trade, business or other undertaking (whether or not for profit) and includes the keeper of a vehicle as defined in section 62(2) of the Vehicle Excise and Registration Act 1994[^f00002]; and

• “premises” includes any place.

Power to charge for services

2

A relevant authority is authorised to charge a person of a description specified in column 2 of the table in the Schedule for the action taken by the authority specified in the corresponding entry in column 1 of the table, but not –

• (a) for extinguishing fires;

• (b) for protecting life; or

• (c) for protecting property in the event of fires,

except in relation to such action taken by the authority at sea (or, if the authority’s area extends to the low water mark, action taken at sea outwith its area) in accordance with entry 12 in the table in the Schedule to this Order.

SCHEDULE — AUTHORISED CHARGES

1

Hiring out or provision of equipment, vehicles, premises or employees of a relevant authority, except where done pursuant to, or under an order made under, any of the following provisions of the Act–

• (a) section 8;

• (b) section 10;

• (c) section 11; or

• (d) sections 33 to 37.

2

Inspection, testing, maintenance and repair of equipment and vehicles, including the re charging of compressed air cylinders and breathing apparatus.

3

Containment and clearance of debris, spillages, discharges or leaks from a vehicle, storage tank or pipe.

4

Provision or removal of water, except the removal of flood water which is the result of unusually severe weather conditions.

5

Effecting entry to, or egress from, premises.

6

Rescuing persons from lift cabins.

7

Rescuing animals.

8

Provision of documents, photographs, tape, video or other similar recordings, where charging is not already authorised or prohibited by another enactment.

9

Provision of training, other than training provided to employees of other fire and rescue authorities under a reinforcement scheme.

10

Removal of dangerous structures.

11

The giving of advice to persons in relation to premises where a trade, business or other undertaking is carried on, other than the giving of advice for which arrangements are required to be made under section 8(2)(b) of the Act.

12

Extinguishing fires at sea, protecting life at sea or protecting property in the event of fires at sea.

Signed

HUGH HENRY — Authorised to sign by the Scottish Ministers — 7th June 2005

Explanatory note

(This note is not part of the Order)

Section 16 of the Fire (Scotland) Act 2005 (asp 5) provides that Scottish Ministers may, by order, authorise a relevant authority to charge a person of a specified description for any action of a specified description taken by the authority. (“Relevant authority” has the same meaning as at section 6 of the Fire (Scotland) Act 2005). Article 2 and the Schedule to this Order specify the actions for which a relevant authority may make a charge and specify the description of the persons who may be subject to the charge.

Footnotes

[^f00001]: 2005 asp.5.

[^f00002]: 1994 c. 22.