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Police and Fire Reform (Scotland) Act 2012

Chapter 13 – Provision of Goods and Services

86.This Chapter sets out new arrangements to allow the SPA to charge for certain services provided by the Police Service or the SPA. Under section 86, the SPA can authorise the chief constable to make arrangements, at the request of any person, to provide and charge for police services. Subsection (9) defines police services as 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 the services. An authorisation may be of a general or specific nature and may in particular set out a scale of charges (subsection (2)). This section also allows the Scottish Ministers to issue a code about charging for police services that the SPA must comply with. The Police Service has to ensure all money received from charging is paid to the SPA. No charge may be made in respect of the carrying out of police functions otherwise than in accordance with an authorisation under this section, unless it is authorised by another enactment or rule of law (subsection (8)). Under subsection (7) the SPA is only allowed to charge for the cost of the service provided although subsection (3) makes clear this can include any indirect costs, for example management and administration costs, as well as the direct cost of providing the service.

87.Under section 87 the SPA may provide goods and services to any other public body or office holder. It may also provide goods and services of a type described in an order made by the Scottish Ministers to other persons or types of persons described in such an order (subsection (1)). The SPA may, with the consent of the chief constable, make similar arrangements for the provision of goods and services by the Police Service (subsection (3)). Subsection (5) allows the SPA to charge for any goods and services it provides, or which it authorises the chief constable to provide, including any costs it incurs, or expects to incur, indirectly as a result of the provision of those goods and services. Subsection (6) makes clear this can include any indirect costs, for example management and administration costs, as well as the direct cost of providing the service. However, subsection (7) prevents the SPA from charging for forensic services it is required to provide to the Police Service, Lord Advocate and procurators fiscal and the PIRC. Goods and services may be provided by the SPA for such purposes as it considers appropriate and consistent with the proper carrying out of its functions (subsection (2)) and by the Police Service for such purposes as the SPA considers to be appropriate and consistent with the proper carrying out of police functions. The goods and services which may be provided include, but are not limited to:

  • information technology systems and equipment;

  • the inspection, testing and maintenance or repair of vehicles; and

  • any other type of corporate support service provided by the SPA or Police Service in connection with the carrying out of SPA or police functions.

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