The Fire (Charging) (Scotland) Order 2005

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Fire (Charging) (Scotland) Order 2005 and shall come into force on the day on which section 16 of the Fire (Scotland) Act 2005 come into force.

(2) In this Order–

“the Act” means the Fire (Scotland) Act 2005;

“operator” 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 him 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(1); and

“premises” includes any place.

Power to charge for services

2.  A relevant authority is authorised to charge a person of a description 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) for extinguishing fires;

(b) for protecting life; or

(c) for protecting property in the event of fires,

except in relation to such 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) in accordance with entry 12 in the table in the Schedule to this Order.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

7th June 2005