http://www.legislation.gov.uk/ukpga/2011/20/section/10/2012-09-21Localism Act 2011An Act to make provision about the functions and procedures of local and certain other authorities; to make provision about the functions of the Commission for Local Administration in England; to enable the recovery of financial sanctions imposed by the Court of Justice of the European Union on the United Kingdom from local and public authorities; to make provision about local government finance; to make provision about town and country planning, the Community Infrastructure Levy and the authorisation of nationally significant infrastructure projects; to make provision about social and other housing; to make provision about regeneration in London; and for connected purposes.texttext/xmlenStatute Law Database2026-08-02Expert Participation2012-09-21 Localism Act 2011s. 158(8)-(9B)Housing and Planning Act 2016s. 121(2)(e)s. 216(3) PART 1 CHAPTER 2101The Fire and Rescue Services Act 2004 is amended as follows.2After section 18 insert—18A1A fire and rescue authority may charge a person for any action taken by the authority—ain the United Kingdom or at sea or under the sea, andbotherwise than for a commercial purpose,but this is subject to the provisions of this section and section 18B.2Subsection (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.3Before 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.4If a fire and rescue authority decides to charge under subsection (1) for taking action of a particular description—athe amount of the charge is to be set by the authority;bthe authority may charge different amounts in different circumstances (and may charge nothing).5In 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.6The duty under subsection (5) applies separately in relation to each kind of action.7The references in subsection (1) and section 18B(1) to “sea” are not restricted to the territorial sea of the United Kingdom.8In subsection (5) “financial year” means 12 months ending with 31 March.18B1Section 18A(1) authorises 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.2Section 18A(1) does not authorise charging for emergency medical assistance.3Section 18A(1) authorises charging for action taken in response to a report of a fire or explosion only if section 18C applies to the report.4Section 18A(1) does not authorise charging for rescuing individuals, or protecting individuals from serious harm, in the event of an emergency.5Section 18A(1) does not authorise charging for action taken in response to—aemergencies resulting from events of widespread significance,bemergencies which have occurred as a direct result of severe weather, orcemergencies resulting from road traffic accidents.6Subject to subsection (7), section 18A(1) does not authorise charging for action taken under section 6.7Subsection (6) does not prevent charging for the giving of advice, other than advice of the kind mentioned in section 6(2)(b), in relation to premises where a trade, business or other undertaking is carried on (whether for profit or not).8Section 18A(1) does not authorise charging for action taken by a fire and rescue authority in its capacity as an enforcing authority for the purposes of the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541).9Nothing in subsections (1) to (8)—aapplies to charges for providing under section 12 the services of any persons or any equipment,baffects the operation of section 13(3) or 16(3), orcaffects any provision for payments to a fire and rescue authority contained in arrangements for co-operation made between that authority and—ia public authority that is not a fire and rescue authority, oriiany person, other than a public authority, who exercises public functions.10The Secretary of State in relation to fire and rescue authorities in England, and the Welsh Ministers in relation to fire and rescue authorities in Wales, may by order disapply subsection 18A(1) in relation to actions of a particular kind.11The power under subsection (10) includes power to disapply for a particular period.18C1This section applies for the purposes of section 18B(3).2This section applies to a report of fire, or explosion, at sea or under the sea.3This section applies to a report of fire if—athe report is of fire at premises that are not domestic premises,bthe report is false,cthe report is made as a direct or indirect result of warning equipment having malfunctioned or been misinstalled, anddthere is a persistent problem with false reports of fire at the premises that are made as a direct or indirect result of warning equipment under common control having malfunctioned or been misinstalled.4The references in subsection (2) to “sea” are not restricted to the territorial sea of the United Kingdom.5In subsection (3)—“domestic premises” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);“warning equipment” means equipment installed for the purpose of—detecting fire, orraising the alarm, or enabling the alarm to be raised, in the event of fire.3Omit section 19 (charging).4In section 62 (application of Act in Wales) before subsection (2) insert—1BThe reference in subsection (1)(a) to Parts 1 to 6 does not include sections 18A to 18C.5Where immediately before the coming into force of subsections (1) to (3) in relation to England or Wales an order under section 19(1) of the Fire and Rescue Services Act 2004 authorises a fire and rescue authority in England or (as the case may be) Wales to charge for action of a specified description taken by the authority, section 18A(3) of that Act does not apply in relation to action of that description.S. 10(1)-(3) (5) in force at 18.2.2012 for specified purposes by S.I. 2012/411, art. 2(d)S. 10(1)-(3) (5) in force at 1.4.2012 for specified purposes by S.I. 2012/887, art. 2(f)S. 10(4) in force at 1.4.2012 by S.I. 2012/887, art. 2(g)