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This is the original version (as it was originally enacted).
(1)The Scottish Ministers may by order (a “charging order”) authorise a relevant authority to charge a person of a description specified in the order for any action so specified taken by the authority.
(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 the authority.
(3)A charging order may authorise charging for—
(b)protecting life; or
(c)protecting property in the event of fires,
only in respect of 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).
(4)Where a relevant authority authorised by a charging order to charge for taking action of a particular description decides to do so—
(a)the amount of the charge shall be set by the authority;
(b)different amounts may be charged in different circumstances (and the authority may charge nothing).
(5)In setting the amount of a charge, a relevant authority shall secure that, taking one financial year with another, the authority’s income from charges does not exceed the cost to the authority of taking the action for which the charges are imposed.
(6)In subsection (5) “financial year” means the period of 12 months ending on 31 March.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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