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Police and Fire Reform (Scotland) Act 2012

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This is the original version (as it was originally enacted).

CHAPTER 13Provision of goods and services

86Provision of police services

(1)The Authority may authorise the chief constable to make arrangements, at the request of any person, to provide and charge for police services.

(2)An authorisation under subsection (1) may be of a general or specific nature and may, in particular, set out a scale by reference to which charges for police services are to be made.

(3)Any such charges may include amounts calculated by reference to expenditure which is incurred, or expected to be incurred, otherwise than directly in connection with the provision of the police services concerned.

(4)The Authority, when making such an authorisation, must comply with any code about charging for police services issued by the Scottish Ministers.

(5)Any such code—

(a)may be of a general or specific nature,

(b)may be varied or revoked at any time.

(6)The chief constable must ensure that all sums received by way of charges for police services are paid to the Authority.

(7)Nothing in this section permits the making of any charge for police services which exceeds the cost of providing those services.

(8)Except in so far as authorised or required by any other enactment or rule of law, the chief constable may not make charges in respect of the carrying out of police functions otherwise than in accordance with an authorisation under subsection (1).

(9)In this Part, “police services” means services in connection with the maintenance of order, or the protection of persons or property from harm, which are provided on or in relation to land owned or occupied by the person who requests those services.

87Provision of other goods and services

(1)The Authority may—

(a)provide goods and services to any other public body or office-holder,

(b)provide goods and services of such type as the Scottish Ministers may by order specify to such other persons, or types of person, as may be so specified.

(2)Goods and services may be provided in pursuance of subsection (1) for such purposes as the Authority considers to be appropriate and consistent with the proper carrying out of its functions.

(3)The Authority may, with the consent of the chief constable, make arrangements for the Police Service—

(a)to provide goods and services (other than police services) to any other public body or office-holder,

(b)to provide goods and services (other than police services) of such type as the Scottish Ministers may by order specify to such other persons, or types of person, as may be so specified.

(4)Goods and services may be provided in pursuance of subsection (3) for such purposes as the Authority considers to be appropriate and consistent with the proper carrying out of police functions.

(5)The Authority may make charges in respect of any goods or services provided by it, or by the Police Service, in pursuance of subsection (1) or (3).

(6)Any such charges may include amounts calculated by reference to expenditure which is incurred, or expected to be incurred, otherwise than directly in connection with the provision of the goods or services concerned.

(7)Nothing in this section permits the Authority to make any charge for forensic services it is required to provide in pursuance of section 31.

(8)Goods and services which may be provided in pursuance of subsection (1) or (3) (or which may be specified in an order made under those subsections) include—

(a)information technology systems and equipment (and services involving the development, provision, procurement, maintenance, management, support or oversight of such systems or equipment),

(b)services involving the inspection, testing, maintenance or repair of vehicles,

(c)any other type of corporate or support service which is provided by the Authority or the Police Service in connection with the carrying out of the Authority’s functions or, as the case may be, police functions.

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