(1)A fire and rescue authority may charge a person for any action taken by the authority—
(a)in the United Kingdom or at sea or under the sea, and
(b)otherwise than for a commercial purpose,
but this is subject to the provisions of this section and section 18B.
(2)Subsection (1) authorises 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)Before a fire and rescue authority begins to charge under subsection (1) or section 5A(1)(e) for taking action of a particular description, the authority must consult any persons the authority considers appropriate.
(4)If a fire and rescue authority decides to charge under subsection (1) for taking action of a particular description—
(a)the amount of the charge is to be set by the authority;
(b)the authority may charge different amounts in different circumstances (and may charge nothing).
(5)In setting the amount of a charge under subsection (1), a fire and rescue authority must 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)The duty under subsection (5) applies separately in relation to each kind of action.
(7)The references in subsection (1) and section 18B(1) to “sea” are not restricted to the territorial sea of the United Kingdom.
(8) In subsection (5) “ financial year ” means 12 months ending with 31 March. ]
Textual Amendments
F1Ss. 18A-18C inserted (18.2.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20) ss. 10(2), 240(4)(f) (with s. 10(5)); S.I. 2012/411, art. 2(d); S.I. 2012/887, art. 2(f)