Civil Contingencies Bill
[AS AMENDED IN STANDING COMMITTEE F]
CONTENTS
PART 1
LOCAL ARRANGEMENTS FOR CIVIL PROTECTION
Introductory
1 Meaning of “emergency”
Contingency planning
2 Duty to assess, plan and advise
3 Section 2: supplemental
4 Advice and assistance to business
Civil protection
5 General measures
6 Disclosure of information
General
7Urgency
8Urgency: Scotland
9 Monitoring by Government
10 Enforcement 11 Enforcement: Scotland 12 Provision of information 13 Amendment of lists of responders 14 Scotland: consultation 15 National Assembly for Wales 16 Regulations and orders 17 Interpretation, &c.
PART 2
EMERGENCY POWERS
18 Meaning of “emergency”
Bill 53 53/3
Civil Contingencies Bill
19 Power to make emergency regulations 20 Conditions for making emergency regulations 21 Scope of emergency regulations 22 Limitations of emergency regulations 23 Regional and Emergency Coordinators 24 Establishment of tribunal 25 Duration 26 Parliamentary scrutiny 27 Parliamentary scrutiny: prorogation and adjournment 28 Consultation with devolved administrations 29 Procedure 30 Interpretation
PART 3
GENERAL
31 Minor and consequential amendments and repeals 32 Money 33 Commencement 34 Extent 35 Short title
Schedule 1 — Category 1 and 2 Responders
Part 1 — Category 1 Responders: General
Part 2 — Category 1 Responders: Scotland
Part 3 — Category 2 Responders: General
Part 4 — Category 2 Responders: Scotland
Schedule 2 — Minor and Consequential Amendments and Repeals Part 1 — Amendments and Repeals Consequential on Part 1 Part 2 — Amendments and Repeals Consequential on Part 2 Part 3 — Minor Amendments
Schedule 3 — Repeals and Revocations
A
BILL
[AS AMENDED IN STANDING COMMITTEE F]
TO
Make provision about civil contingencies.
E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
PART 1
LOCAL ARRANGEMENTS FOR CIVIL PROTECTION
Introductory
1 Meaning of “emergency” 5
(1) In this Part “emergency” means an event or situation which threatens serious
damage to—
(a) human welfare in a place in the United Kingdom,
(b) the environment of a place in the United Kingdom, or
10
(c) the security of the United Kingdom or of a place in the United Kingdom.
(2) For the purposes of subsection (1)(a) an event or situation threatens damage to
human welfare only if it involves, causes or may cause—
(a) loss of human life, 15
(b) human illness or injury,
(c) homelessness,
(d) damage to property,
(e) disruption of a supply of money, food, water, energy or fuel,
(f) disruption of an electronic or other system of communication, 20
(g) disruption of facilities for transport, or
(h) disruption of services relating to health.
Bill 53 53/3
(3)
For the purposes of subsection (1)(b) an event or situation threatens damage to the environment only if it involves, causes or may cause—
(a)
contamination of land, water or air with—
(i)
harmful biological, chemical or radio-active matter, or
(ii)
oil,
5
(b)
flooding, or
(c)
disruption or destruction of plant life or animal life.
(4)
For the purposes of subsection (1)(c) the following threaten damage to security—
(a)
war or armed conflict, and
10
(b)
terrorism, within the meaning given by section 1 of the Terrorism Act 2000 (c. 11).
(5)
A Minister of the Crown, or, in relation to Scotland, the Scottish Ministers, may by order—
(a)
provide that a specified event or situation, or class of event or situation, is to be treated as falling, or as not falling, within any of paragraphs (a) to (c) of subsection (1);
15
(b)
amend subsection (2) so as to provide that involving or causing disruption of a specified supply, system, facility or service—
(i)
is to be treated as threatening damage to human welfare, or
20
(ii)
is no longer to be treated as threatening damage to human welfare.
(6)
The event or situation mentioned in subsection (1) may occur or be inside or outside the United Kingdom.
Contingency planning
25
2
Duty to assess, plan and advise
(1)
A person or body listed in Part 1 or 2 of Schedule 1 shall—
(a)
from time to time assess the risk of an emergency occurring,
(b)
from time to time assess the risk of an emergency making it necessary or expedient for the person or body to perform any of his or its functions,
30
(c)
maintain plans for the purpose of ensuring, so far as is reasonably practicable, that if an emergency occurs the person or body is able to continue to perform his or its functions,
(d)
maintain plans for the purpose of ensuring that if an emergency occurs or is likely to occur the person or body is able to perform his or its functions so far as necessary or desirable for the purpose of—
35
(i)
preventing the emergency,
(ii)
reducing, controlling or mitigating its effects, or
(iii)
taking other action in connection with it,
40
(e)
consider whether an assessment carried out under paragraph (a) or (b) makes it necessary or expedient for the person or body to add to or modify plans maintained under paragraph (c) or (d),
(f)
arrange for the publication of all or part of assessments made and plans maintained under paragraphs (a) to (d) in so far as publication is necessary or desirable for the purpose of—
45
(i)
preventing an emergency,
(ii)
reducing, controlling or mitigating the effects of an emergency,
or
(iii)
enabling other actionemergency, and
to
be
taken in connection with
an
5
(g)
maintain arrangements to warn the public, and to provide information and advice to the public, if an emergency is likely to occur or has occurred.
(2)
In relation to a person or body listed in Part 1 or 2 of Schedule 1 a duty in subsection (1) applies in relation to an emergency only if—
10
(a)
the emergency would be likely seriously to obstruct the person or body in the performance of his or its functions, or
(b)
it is likely that the person or body—
(i)
would consider it necessary or desirable to take action to prevent the emergency, to reduce, control or mitigate its effects or otherwise in connection with it, and
15
(ii)
would be unable to take that action without changing the deployment of resources or acquiring additional resources.
(3)
A Minister of the Crown may, in relation to a person or body listed in Part 1 of Schedule 1, make regulations about—
20
(a)
the extent of a duty under subsection (1) (subject to subsection (2));
(b)
the manner in which a duty under subsection (1) is to be performed.
(4)
The Scottish Ministers may, in relation to a person or body listed in Part 2 of Schedule 1, make regulations about—
(a)
the extent of a duty under subsection (1) (subject to subsection (2));
25
(b)
the manner in which a duty under subsection (1) is to be performed.
(5)
Regulations under subsection (3) may, in particular—
(a)
make provision about the kind of emergency in relation to which a specified person or body is or is not to perform a duty under subsection (1);
30
(b)
permit or require a person or body not to perform a duty under subsection (1) in specified circumstances or in relation to specified
matters;
(c)
make provision as to the timing of performance of a duty under subsection (1);
35
(d)
require a person or body to consult a specified person or body or class of person or body before or in the course of performing a duty under subsection (1);
(e)
permit or require a county council to perform a duty under subsection (1) on behalf of a district council within the area of the county council;
40
(f)
permit, require or prohibit collaboration, to such extent and in such manner as may be specified, by persons or bodies in the performance of a duty under subsection (1);
(g)
permit, require or prohibit delegation, to such extent and in such manner as may be specified, of the performance of a duty under subsection (1);
45
(h)
permit or require a person or body listed in Part 1 or 3 of Schedule 1 to co-operate, to such extent and in such manner as may be specified, with
a person or body listed in Part 1 of the Schedule in connection with the performance of a duty under