Fire and resilience

Charging and trading

Fire and Rescue Authorities (FRAs) had a power under section 3(1)(e) of the Fire Services Act 1947 to charge for the provision of services other than fire-fighting services provided. Section 3 was amended by the Marine Safety Act 2003, to allow FRAs to recover the costs of fire-fighting at sea.

Section 19 of the Fire and Rescue Services Act 2004 retained the power to charge but prohibits any charge being made for extinguishing fires, protecting life and property in the event of a fire and providing emergency medical assistance. Charging is defined as up to full cost recovery.

Section 95(1) of the Local Government Act 2003 provides power for the Secretary of State to make an order enabling best value authorities to trade in any of their ordinary functions.

The Charging Order (Statutory Instrument 2004 No. 2305) specifies category of service and category of person who can be charged. This was amended (Statutory Instrument 2007 No. 2784) following consultation to include the ability for FRAs to charge for the provision of back office functions to regional fire control centres.

The Trading Order (Statutory Instrument 2004 No. 2307 and Statutory Instrument 2004 No. 2573) specified Authority and service which that authority can provide (through a trading company). This was amended (Statutory Instrument No. 2543) to extend the transitory powers until 30 September 2009 when the new system for freedoms and flexibilities should be known.

Draft guidance on charging and trading was issued in 2006 and can be found as an annex to the Limited Consultation Exercise on Extension to Charging Order by Fire and Rescue Authorities and the Draft guidance on the power for Fire and Rescue Authorities to trade in function related activities (see below).

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