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Fire (Scotland) Act 2005

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This is the original version (as it was originally enacted).

Equipment, facilities and services

45Directions for public safety purposes

(1)Where the Scottish Ministers consider it necessary to do so for public safety purposes, they may make an order (a “property and facilities order”) giving general or specific directions to a relevant authority (or two or more such authorities) about the use or disposal of property or facilities.

(2)A direction under subsection (1) given to an authority may in particular include provision—

(a)about the use or disposal by the authority of property or facilities belonging to it or under its control;

(b)about the use by the authority of property or facilities belonging to or under the control of—

(i)another relevant authority; or

(ii)a person who has made, or is willing to make, the property or facilities available;

(c)requiring payments to be made by the authority to—

(i)another relevant authority; or

(ii)any other person,

in respect of the use of property or facilities.

(3)In subsection (2)(b) a reference to property or facilities belonging to a person includes a reference to land occupied by the person.

46Requirements concerning equipment and services

The Scottish Ministers may make an order requiring a relevant authority (or two or more such authorities)—

(a)to use and maintain equipment—

(i)specified in the order; or

(ii)of a description so specified; or

(b)to use services—

(i)so specified; or

(ii)of a description so specified.

47Provision of equipment etc.

(1)The Scottish Ministers may—

(a)provide and maintain any equipment, facilities and services;

(b)contribute to the provision and maintenance of any equipment, facilities and services;

(c)establish and maintain any organisations; or

(d)contribute to the establishment and maintenance of any organisations,

they consider appropriate for promoting the economy, efficiency and effectiveness of relevant authorities.

(2)Subject to subsection (3), charges may be imposed for the use of equipment, facilities and services—

(a)provided by the Scottish Ministers under subsection (1)(a); or

(b)provided by an organisation established or maintained by the Scottish Ministers under subsection (1)(c).

(3)Any such charge shall not exceed the costs reasonably incurred in providing the equipment, facility or service to which it relates.

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