Fire and Rescue Services Act 2004

19 Charging

(1) The Secretary of State may by order authorise a fire and rescue authority to charge a person of a specified description for any action of a specified description taken by the authority.

(2) An order under subsection (1) may authorise charging for extinguishing fires, or protecting life and property in the event of fires, only in respect of fires which are at sea or under the sea.

(3) An order under subsection (1) may not authorise charging for emergency medical assistance.

(4) The power in subsection (1) includes power to 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.

(5) If a fire and rescue authority is authorised by an order under subsection (1) to charge for taking action of a particular description and the authority decides to do so—

(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).

(6) In setting the amount of a charge, the 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.

(7) Before making an order under this section the Secretary of State must consult any persons he considers appropriate.

(8) In this section “financial year” means the period of 12 months ending with 31 March.

(9) The references in subsection (2) to “sea” are not restricted to the territorial sea of the United Kingdom.