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Fire (Scotland) Act 2005

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There are currently no known outstanding effects for the Fire (Scotland) Act 2005, Section 16. Help about Changes to Legislation

16ChargingS

This section has no associated Explanatory Notes

(1)The Scottish Ministers may by order (a “charging order”) authorise [F1SFRS] to charge a person of a description specified in the order for any action so specified taken by [F2SFRS].

(2)A charging order may authorise a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by [F3SFRS].

(3)A charging order may authorise charging for—

(a)extinguishing fires;

(b)protecting life; or

(c)protecting property in the event of fires,

only in respect of action taken by [F4SFRS at sea beyond the low water mark].

(4)Where [F5SFRS is] authorised by a charging order to charge for taking action of a particular description [F6and it] decides to do so—

(a)the amount of the charge shall be set by [F7SFRS];

(b)different amounts may be charged in different circumstances (and [F7SFRS] may charge nothing).

F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(7)The references in subsection (3) to “sea” include–

(a)that part of the territorial sea of the United Kingdom which is not adjacent to Scotland; and

(b)sea beyond the territorial sea of the United Kingdom.]

Textual Amendments

F1Word in s. 16(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(a)(i), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2Word in s. 16(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(a)(ii), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3Word in s. 16(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(b), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F4Words in s. 16(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(c), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F5Words in s. 16(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(d)(i), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F6Words in s. 16(4) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(d)(ii), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F7Word in s. 16(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 110(d)(iii), 129(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F8S. 16(5)(6) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 2; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I1S. 16 wholly in force at 2.8.2005; s. 16 not in force at Royal Assent see s. 90; s. 16 in force for certain purposes at 6.4.2005 by S.S.I. 2005/207, art. 3; s. 16 in force at 2.8.2005 in so far as not already in force by S.S.I. 2005/392, art. 2(b)

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