The Fire and Rescue Services (Charging) (Wales) Order 2006

Made: 11 July 2006

Coming into force: 13 July 2006

The National Assembly for Wales, in exercise of the powers conferred by sections 19, 60 and 62 of the Fire and Rescue Services Act 2004[^f00001], and having consulted such persons as it considers appropriate in accordance with section 19(7) of that Act, hereby makes the following Order:

Title, commencement, application and interpretation

1

• (1) The title of this Order is the Fire and Rescue Services (Charging) (Wales) Order 2006 and it comes into force on 13 July 2006.

• (2) This Order applies in relation to fire and rescue authorities in Wales.

• (3) In this Order—

• “the Act” (“y Ddeddf”) means the Fire and Rescue Services Act 2004;

• “operator” (“gweithredydd”) 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 that person 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” (“mangre”) includes any place.

Power to charge for services

2

A fire and rescue authority is authorised to charge the person 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) except in relation to entry 13 in the table, for extinguishing fires or protecting life and property in the event of fires, or

• (b) for emergency medical assistance.

SCHEDULE — AUTHORISED CHARGES

1

Hiring out or provision of equipment, vehicles, premises or employees of a fire and rescue authority, except where done pursuant to any of the following provisions of the Act—

• (a) section 6;

• (b) section 8; or

• (c) sections 13 to 17.

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.

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 6(2)(b) of the Act.

12

Lifting of incapacitated persons.

13

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

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00003]

D. Elis-Thomas — The Presiding Officer of the National Assembly — 11 July 2006

Explanatory note

(This note is not part of the Order)

This Order applies in relation to fire and rescue authorities in Wales (article 1).

Section 19 of the Fire and Rescue Services Act 2004 provides that the National Assembly for Wales may, by order, authorise a fire and rescue authority to charge a person of a specified description for any action of a specified description taken by the authority. This Order specifies the actions for which a fire and rescue authority may make a charge and specifies the persons who may be subject to the charge (article 2 and the Schedule).

A full regulatory appraisal of the effect that this Order will have on business is available from Robert Tyler, the Fire and Rescue Services Branch, Fourth Floor, CP2, The National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ; phone 029 2082 1283; e-mail robert.tyler@wales.gsi.gov.uk.

Footnotes

[^f00001]: 2004 c. 21.

[^f00002]: 1994 c. 22.

[^f00003]: 1998 c. 38.