Statement by Amb. Daniel Baer
In this Part “emergency” means—
an event or situation which threatens serious damage to human welfare in a place in the United Kingdom,
an event or situation which threatens serious damage to the environment of a place in the United Kingdom, or
war, or terrorism, which threatens serious damage to the security of the United Kingdom.
For the purposes of subsection (1)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause—
loss of human life,
human illness or injury,
homelessness,
damage to property,
disruption of a supply of money, food, water, energy or fuel,
disruption of a system of communication,
disruption of facilities for transport, or
disruption of services relating to health.
For the purposes of subsection (1)(b) an event or situation threatens damage to the environment only if it involves, causes or may cause—
contamination of land, water or air with biological, chemical or radio-active matter, or
disruption or destruction of plant life or animal life.
A Minister of the Crown, or, in relation to Scotland, the Scottish Ministers, may by order—
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);
amend subsection (2) so as to provide that in so far as an event or situation involves or causes disruption of a specified supply, system, facility or service—
it is to be treated as threatening damage to human welfare, or
it is no longer to be treated as threatening damage to human welfare.
In relation to Northern Ireland, the power to make orders— is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
under subsection (4)(a) in relation to subsection (1)(a) or (b), and
under subsection (4)(b),
The event or situation mentioned in subsection (1) may occur or be inside or outside the United Kingdom.
A person or body listed in Part 1, 2 or 2A of Schedule 1 shall—
from time to time assess the risk of an emergency occurring,
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,
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,
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—
preventing the emergency,
reducing, controlling or mitigating its effects, or
taking other action in connection with it,
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),
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—
preventing an emergency,
reducing, controlling or mitigating the effects of an emergency, or
enabling other action to be taken in connection with an emergency, and
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.
In relation to a person or body listed in Part 1, 2 or 2A of Schedule 1 a duty in subsection (1) applies in relation to an emergency only if—
the emergency would be likely seriously to obstruct the person or body in the performance of his or its functions, or
it is likely that the person or body—
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
would be unable to take that action without changing the deployment of resources or acquiring additional resources.
A Minister of the Crown may, in relation to a person or body listed in Part 1 of Schedule 1, make regulations about—
the extent of a duty under subsection (1) (subject to subsection (2));
the manner in which a duty under subsection (1) is to be performed.
The Scottish Ministers may, in relation to a person or body listed in Part 2 of Schedule 1, make regulations about—
the extent of a duty under subsection (1) (subject to subsection (2));
the manner in which a duty under subsection (1) is to be performed.
The Welsh Ministers may, in relation to a person or body listed in Part 2A of Schedule 1, make regulations about—
the extent of a duty under subsection (1) (subject to subsection (2));
the manner in which a duty under subsection (1) is to be performed.
Regulations under subsection (3) may, in particular—
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);
permit or require a person or body not to perform a duty under subsection (1) in specified circumstances or in relation to specified matters;
make provision as to the timing of performance of a duty under subsection (1);
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);
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;
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);
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);
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 subsection (1);
permit or require a person or body listed in Part 1 or 3 of Schedule 1 to provide information, either on request or in other specified circumstances, to a person or body listed in Part 1 of the Schedule in connection with the performance of a duty under subsection (1);
permit or require a person or body to perform (wholly or partly) a duty under subsection (1)(a) or (b) having regard to, or by adopting or relying on, work undertaken by another specified person or body;
permit or require a person or body, in maintaining a plan under subsection (1)(c) or (d), to have regard to the activities of bodies (other than public or local authorities) whose activities are not carried on for profit;
make provision about the extent of, and the degree of detail to be contained in, a plan maintained under subsection (1)(c) or (d);
require a plan to include provision for the carrying out of exercises;
require a plan to include provision for the training of staff or other persons;
permit a person or body to make arrangements with another person or body, as part of planning undertaken under subsection (1)(c) or (d), for the performance of a function on behalf of the first person or body;
confer a function on a Minister of the Crown, on the Scottish Ministers, on the National Assembly for Wales, on a Northern Ireland department or on any other specified person or body (and a function conferred may, in particular, be a power or duty to exercise a discretion);
make provision which has effect despite other provision made by or by virtue of an enactment;
make provision which applies generally or only to a specified person or body or only in specified circumstances;
make different provision for different persons or bodies or for different circumstances.
Subsection (5) shall have effect in relation to subsection (4) as it has effect in relation to subsection (3), but as if—
paragraph (e) were omitted,
in paragraphs (h) and (i)—
a reference to Part 1 or 3 of Schedule 1 were a reference to Part 2 or 4 of that Schedule, and
a reference to Part 1 of that Schedule were a reference to Part 2 of that Schedule, and
in paragraph (p) the references to a Minister of the Crown, to the National Assembly for Wales and to a Northern Ireland department were omitted.
Subsection (5) has effect in relation to subsection (4A) as it has effect in relation to subsection (3), but as if—
paragraph (e) were omitted,
in paragraphs (h) and (i)—
a reference to Part 1 or 3 of Schedule 1 were a reference to Part 2A or 5 of that Schedule, and
a reference to Part 1 of that Schedule were a reference to Part 2A of that Schedule, and
in paragraph (p) the references to a Minister of the Crown, the Scottish Ministers and a Northern Ireland department were omitted.
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (3) to make regulations in relation to the Chief Constable (PSNI) is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
Subsection (5) has effect in relation to the power of the Department of Justice under subsection (3) as if—
paragraphs (e), (h) and (i) were omitted;
in paragraph (p) for the words from “a Minister of the Crown” to “department” there were substituted a Northern Ireland department.
In relation to emergencies that do not fall within section 1(1)(c), a Minister of the Crown has no power by virtue of subsection (5)(h) or (i) to make provision permitting or requiring the Chief Constable (PSNI) to co-operate with, or provide information to, a person or body listed in Part 1 of Schedule 1.
A Minister of the Crown may issue guidance to a person or body listed in Part 1 or 3 of Schedule 1 about the matters specified in section 2(3) and (5).
The Scottish Ministers may issue guidance to a person or body listed in Part 2 or 4 of Schedule 1 about the matters specified in section 2(4) and (5) (as applied by section 2(6)).
The Welsh Ministers may issue guidance to a person or body listed in Part 2A or 5 of Schedule 1 about the matters specified in section 2(4A) and (5) (as applied by section 2(6A)).
A person or body listed in any Part of Schedule 1 shall—
comply with regulations under section 2(3), (4) or (4A) , and
have regard to guidance under subsection (1), (2) or (2A) above.
A person or body listed in Part 1, 2 or 2A of Schedule 1 may be referred to as a “Category 1 responder”.
A person or body listed in Part 3, 4 or 5 of Schedule 1 may be referred to as a “Category 2 responder”.
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to issue guidance to the Chief Constable (PSNI) is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
A body specified in paragraph 1, 13 or 18A of Schedule 1 shall provide advice and assistance to the public in connection with the making of arrangements for the continuance of commercial activities by the public, or the continuance of the activities of bodies other than public or local authorities whose activities are not carried on for profit, in the event of an emergency.
A Minister of the Crown may, in relation to a body specified in paragraph 1 of that Schedule, make regulations about—
the extent of the duty under subsection (1);
the manner in which the duty under subsection (1) is to be performed.
The Scottish Ministers may, in relation to a body specified in paragraph 13 of that Schedule, make regulations about—
the extent of the duty under subsection (1);
the manner in which the duty under subsection (1) is to be performed.
The Welsh Ministers may, in relation to a body specified in paragraph 18A of that Schedule, make regulations about—
the extent of the duty under subsection (1);
the manner in which the duty under subsection (1) is to be performed.
Regulations under subsection (2), (3) or (3A) may, in particular—
permit a body to make a charge for advice or assistance provided on request under subsection (1);
make provision of a kind permitted to be made by regulations under section 2(5)(a) to (i) and (o) to (s).
Regulations by virtue of subsection (4)(a) must provide that a charge for advice or assistance may not exceed the aggregate of—
the direct costs of providing the advice or assistance, and
a reasonable share of any costs indirectly related to the provision of the advice or assistance.
A Minister of the Crown may issue guidance to a body specified in paragraph 1 of that Schedule about the matters specified in subsections (2) and (4).
The Scottish Ministers may issue guidance to a body specified in paragraph 13 of that Schedule about the matters specified in subsections (3) and (4).
A body shall—
comply with regulations under subsection (2), (3) or (3A) , and
have regard to guidance under subsection (6), (7) or (7A) .
The Welsh Ministers may issue guidance to a body specified in paragraph 18A of that Schedule about the matters specified in subsections (3A) and (4).
A Minister of the Crown may by order require a person or body listed in Part 1 of Schedule 1 to perform a function of that person or body for the purpose of—
preventing the occurrence of an emergency,
reducing, controlling or mitigating the effects of an emergency, or
taking other action in connection with an emergency.
The Scottish Ministers may by order require a person or body listed in Part 2 of Schedule 1 to perform a function of that person or body for the purpose of—
preventing the occurrence of an emergency,
reducing, controlling or mitigating the effects of an emergency, or
taking other action in connection with an emergency.
The Welsh Ministers may by order require a person or body listed in Part 2A of Schedule 1 to perform a function of that person or body for the purpose of—
preventing the occurrence of an emergency,
reducing, controlling or mitigating the effects of an emergency, or
taking other action in connection with an emergency.
A person or body shall comply with an order under this section.
An order under subsection (1) may—
require a person or body to consult a specified person or body or class of person or body;
permit, require or prohibit collaboration, to such extent and in such manner as may be specified;
permit, require or prohibit delegation, to such extent and in such manner as may be specified;
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 a duty under the order;
permit or require a person or body listed in Part 1 or 3 of Schedule 1 to provide information in connection with a duty under the order, whether on request or in other specific circumstances to a person or body listed in Part 1 of the Schedule;
confer a function on a Minister of the Crown, on the Scottish Ministers, on the National Assembly for Wales, on a Northern Ireland department or on any other specified person or body (and a function conferred may, in particular, be a power or duty to exercise a discretion);
make provision which applies generally or only to a specified person or body or only in specified circumstances;
make different provision for different persons or bodies or for different circumstances.
Subsection (4) shall have effect in relation to subsection (2) as it has effect in relation to subsection (1), but as if—
in paragraphs (d) and (e)—
a reference to Part 1 or 3 of Schedule 1 were a reference to Part 2 or 4 of that Schedule, and
a reference to Part 1 of that Schedule were a reference to Part 2 of that Schedule, and
in paragraph (f) the references to a Minister of the Crown, to the National Assembly for Wales and to a Northern Ireland department were omitted.
Subsection (4) has effect in relation to subsection (2A) as it has effect in relation to subsection (1), but as if—
in paragraphs (d) and (e)—
a reference to Part 1 or 3 of Schedule 1 were a reference to Part 2A or 5 of that Schedule, and
a reference to Part 1 of that Schedule were a reference to Part 2A of that Schedule, and
in paragraph (f) the references to a Minister of the Crown, to the Scottish Ministers and to a Northern Ireland department were omitted.
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to require the Chief Constable (PSNI) to perform a function is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
Subsection (4) has effect in relation to the power of the Department of Justice under subsection (1) as if—
paragraphs (d) and (e) were omitted;
in paragraph (f) for the words from “a Minister of the Crown” to “department” there were substituted a Northern Ireland department.
In relation to emergencies that do not fall within section 1(1)(c), a Minister of the Crown has no power by virtue of subsection (4)(d) or (e) to make provision permitting or requiring the Chief Constable (PSNI) to co-operate with, or provide information to, a person or body listed in Part 1 of Schedule 1.
A Minister of the Crown may make regulations requiring or permitting one person or body listed in Part 1 or 3 of Schedule 1 (“the provider”) to disclose information on request to another person or body listed in any Part of that Schedule (“the recipient”).
The Scottish Ministers may make regulations requiring or permitting one person or body listed in Part 2 or 4 of Schedule 1 (“the provider”) to disclose information on request to another person or body listed in any Part of that Schedule (“the recipient”).
The Welsh Ministers may make regulations requiring or permitting one person or body listed in Part 2A or 5 of Schedule 1 (“the provider”) to disclose information on request to another person or body listed in any Part of that Schedule (“the recipient”).
Regulations under subsection (1), (2) or (2A) may be made only in connection with a function of the provider or of the recipient which relates to emergencies.
A Minister of the Crown may issue guidance to a person or body about the performance of functions under regulations made under subsection (1).
The Scottish Ministers may issue guidance to a person or body about the performance of functions under regulations made under subsection (2).
A person or body shall—
comply with regulations under subsection (1), (2) or (2A) , and
have regard to guidance under subsection (4), (5) or (5A) .
The Welsh Ministers may issue guidance to a person or body about the performance of functions under regulations made under subsection (2A).
In relation to emergencies that do not fall within section 1(1)(c), the following powers are exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown)—
the power under subsection (1) to make regulations requiring or permitting the Chief Constable (PSNI) to disclose information to another person or body listed in any Part of Schedule 1;
the power under subsection (4) to issue guidance to the Chief Constable (PSNI).
This section applies where—
there is an urgent need to make provision of a kind that could be made by an order under section 5(1) or by regulations under section 6(1), but
there is insufficient time for the order or regulations to be made.
The Minister may by direction make provision of a kind that could be made by an order under section 5(1) or by regulations under section 6(1).
A direction under subsection (2) shall be in writing.
Where a Minister gives a direction under subsection (2)—
he may revoke or vary the direction by further direction,
he shall revoke the direction as soon as is reasonably practicable (and he may, if or in so far as he thinks it desirable, re-enact the substance of the direction by way of an order under section 5(1) or by way of regulations under section 6(1)), and
the direction shall cease to have effect at the end of the period of 21 days beginning with the day on which it is given (but without prejudice to the power to give a new direction).
In relation to provision of a kind that could be made by the Department of Justice in Northern Ireland by an order under section 5(1) or by regulations under section 6(1), in subsection (2) the reference to the Minister is to be read as a reference to the Department of Justice and subsection (4) is to be read accordingly.
A provision of a direction under subsection (2) shall be treated for all purposes as if it were a provision of an order under section 5(1) or of regulations under section 6(1) made by the Minister or the Department of Justice (as the case may be).
This section applies where—
there is an urgent need to make provision of a kind that could be made by an order under section 5(2) or by regulations under section 6(2), but
there is insufficient time for the order or regulations to be made.
The Scottish Ministers may by direction make provision of a kind that could be made by an order under section 5(2) or by regulations under section 6(2).
A direction under subsection (2) shall be in writing.
Where the Scottish Ministers give a direction under subsection (2)—
they may revoke or vary the direction by further direction,
they shall revoke the direction as soon as is reasonably practicable (and they may, if or in so far as they think it desirable, re-enact the substance of the direction by way of an order under section 5(2) or by way of regulations under section 6(2)), and
the direction shall cease to have effect at the end of the period of 21 days beginning with the day on which it is given (but without prejudice to the power to give a new direction).
A provision of a direction under subsection (2) shall be treated for all purposes as if it were a provision of an order under section 5(2) or of regulations under section 6(2).
This section applies where—
there is an urgent need to make provision of the kind that could be made by an order under section 5(2A) or by regulations under section 6(2A), but
there is insufficient time for the order or regulations to be made.
The Welsh Ministers may by direction make provision of the kind that could be made by an order under section 5(2A) or by regulations under section 6(2A).
A direction under subsection (2) must be in writing.
Where the Welsh Ministers give a direction under subsection (2)—
they may revoke or vary the direction by further direction,
they must revoke the direction as soon as is reasonably practicable (and they may, if or in so far as they think it desirable, re-enact the substance of the direction by way of an order under section 5(2A) or by way of regulations under section 6(2A)), and
the direction ceases to have effect at the end of the period of 21 days beginning with the day on which it is given (but without prejudice to the power to give a new direction).
A provision of a direction under subsection (2) is to be treated for all purposes as if it were a provision of an order under section 5(2A) or of regulations under section 6(2A).
A Minister of the Crown may require a person or body listed in Part 1 or 3 of Schedule 1—
to provide information about action taken by the person or body for the purpose of complying with a duty under this Part, or
to explain why the person or body has not taken action for the purpose of complying with a duty under this Part.
The Scottish Ministers may require a person or body listed in Part 2 or 4 of Schedule 1—
to provide information about action taken by the person or body for the purpose of complying with a duty under this Part, or
to explain why the person or body has not taken action for the purpose of complying with a duty under this Part.
The Welsh Ministers may require a person or body listed in Part 2A or 5 of Schedule 1—
to provide information about action taken by the person or body for the purpose of complying with a duty under this Part, or
to explain why the person or body has not taken action for the purpose of complying with a duty under this Part.
A requirement under subsection (1), (2) or (2A) may specify—
a period within which the information or explanation is to be provided;
the form in which the information or explanation is to be provided.
A person or body shall comply with a requirement under subsection (1), (2) or (2A) .
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to require the Chief Constable (PSNI) to provide information or an explanation is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
If it appears to the Chief Constable (PSNI) that a requirement imposed by virtue of subsection (5) may require the Chief Constable (PSNI) to provide national security information, the Chief Constable (PSNI) may refer the requirement to a Minister of the Crown.
The Minister may set aside or otherwise modify the requirement as the Minister considers appropriate so that the Chief Constable (PSNI) is not required to provide any information which appears to the Minister to be national security information.
“National security information” means information the disclosure of which to the public would, or would be likely to, adversely affect national security.
Any of the following may bring proceedings in the High Court or the Court of Session in respect of a failure by a person or body listed in Part 1 or 3 of Schedule 1 to comply with section 2(1), 3(3), 4(1) or (8), 5(3), 6(6), 9(4), 15(7), 15A(8) or 15B(7)—
a Minister of the Crown,
a person or body listed in Part 1 of Schedule 1, and
a person or body listed in Part 3 of Schedule 1.
In proceedings under subsection (1) the High Court or the Court of Session may grant any relief, or make any order, that it thinks appropriate.
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1)(a) to bring proceedings in respect of a failure by the Chief Constable (PSNI) is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
Any of the following may bring proceedings in the Court of Session in respect of a failure by a person or body listed in Part 2 or 4 of Schedule 1 to comply with section 2(1), 3(3), 4(1) or (8), 5(3), 6(6), 9(4) or 15(7)—
the Scottish Ministers,
a person or body listed in Part 2 of Schedule 1, and
a person or body listed in Part 4 of Schedule 1.
In proceedings under subsection (1) the Court of Session may grant any remedy, or make any order, that it thinks appropriate.
Regulations or an order under this Part may, if addressing the provision or disclosure of information, make provision about—
timing;
the form in which information is provided;
the use to which information may be put;
storage of information;
disposal of information.
Any of the following may bring proceedings in the High Court in respect of a failure by a person or body listed in Part 2A or 5 of Schedule 1 to comply with section 2(1), 3(3), 4(1) or (8), 5(3), 6(6), 9(4) or 15B(7)—
the Welsh Ministers,
a person or body listed in Part 2A of Schedule 1, and
a person or body listed in Part 5 of Schedule 1.
In proceedings under subsection (1) the High Court may grant any relief, or make any order, that it thinks appropriate.
A Minister of the Crown may by order amend Schedule 1 so as to—
add an entry to Part 1 or 3;
remove an entry from Part 1 or 3;
move an entry from Part 1 to Part 3 or vice versa.
The Scottish Ministers may by order amend Schedule 1 so as to—
add an entry to Part 2 or 4;
remove an entry from Part 2 or 4;
move an entry from Part 2 to Part 4 or vice versa.
The Welsh Ministers may by order amend Schedule 1 so as to—
add an entry for a devolved Welsh authority to Part 2A or 5;
remove an entry from Part 2A or 5;
move an entry from Part 2A to Part 5 or vice versa.
An order under subsection (1), (2) or (2A) —
may add, remove or move an entry either generally or only in relation to specified functions of a person or body, and
may make incidental, transitional or consequential provision (which may include provision amending this Act or another enactment).
In subsection (2A) “devolved Welsh authority” has the meaning given in section 157A of the Government of Wales Act 2006.
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to make provision in relation to the Chief Constable (PSNI) is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
A Minister of the Crown shall consult the Scottish Ministers before making regulations or an order under this Part in relation to a person or body if or in so far as the person or body exercises functions in relation to Scotland.
The Scottish Ministers shall consult a Minister of the Crown before making regulations or an order under this Part.
A Minister of the Crown may, for the purposes mentioned in subsection (2), make regulations addressing the provision or disclosure of national security information.
Regulations under this section are to apply for the purposes of any regulations or order made by the Department of Justice in Northern Ireland under this Part; and any regulations or order made by the Department has effect subject to regulations under this section.
“National security information” means information the disclosure of which to the public would, or would be likely to, adversely affect national security.
Regulations under this section may (in particular)—
provide that national security information is not to be provided or disclosed, or is to be provided or disclosed only in specified circumstances or in a specified way, despite any provision of regulations or an order made by the Department of Justice;
provide that a certificate signed by a Minister of the Crown certifying that the disclosure of information to the public would, or would be likely to, adversely affect national security is conclusive evidence of that fact;
provide that such a certificate may identify the information to which it applies by means of a general description and may be expressed to apply to information within that description that comes into existence after the certificate is made;
confer other functions on a Minister of the Crown or any other specified person or body (and a function conferred may, in particular, be a power or duty to exercise a discretion).
Where a person or body listed in Part 1 or 2A of Schedule 1 has a duty under section 2 or 4, the Scottish Ministers may make regulations—
permitting or requiring a person or body listed in Part 2 or 4 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 or 2A of that Schedule in connection with the performance of the duty;
permitting or requiring a person or body listed in Part 2 or 4 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 or 2A of that Schedule in connection with the performance of the duty.
The Scottish Ministers may issue guidance about a matter addressed in regulations under subsection (1).
Where a person or body listed in Part 2 of Schedule 1 has a duty under section 2 or 4, a Minister of the Crown may make regulations—
permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 2 of that Schedule in connection with the performance of the duty;
permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 2 of that Schedule in connection with the performance of the duty.
A Minister of the Crown may issue guidance about a matter addressed in regulations under subsection (3).
If an order is made under section 5(1) or (2A) imposing a duty on a person or body listed in Part 1 or 2A of Schedule 1, the Scottish Ministers may make an order—
permitting or requiring a person or body listed in Part 2 or 4 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 or 2A of that Schedule in connection with the duty;
permitting or requiring a person or body listed in Part 2 or 4 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 or 2A of that Schedule in connection with the duty.
If the Scottish Ministers make an order under section 5(2) imposing a duty on a person or body listed in Part 2 of Schedule 1, a Minister of the Crown may make an order—
permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 2 of that Schedule in connection with the duty;
permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 2 of that Schedule in connection with the duty.
A person or body shall—
comply with regulations or an order under this section, and
have regard to guidance under this section.
In this Act, except where the contrary intention appears—
a reference to an order under section 5(1) includes a reference to an order under subsection (6) above, and
a reference to an order under section 5(2) includes a reference to an order under subsection (5) above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
making regulations under section 2(3), 4(2) or 6(1) which relate wholly or partly to Wales,
issuing guidance under section 3(1), 4(6) or 6(4) which relates wholly or partly to Wales,
giving an order under section 5(1) which relates wholly or partly to Wales,
giving a direction under section 7(2) which makes provision relating wholly or partly to Wales of a kind that could be made by regulations under section 6(1),
giving a direction under section 7(2) which makes provision relating wholly or partly to Wales of a kind that could be made by an order under section 5(1),
bringing proceedings under section 10 in respect of a failure by a person or body where the failure relates wholly or partly to Wales, or
making an order under section 13(1) in respect of a person or body with, or in so far as the person or body has, functions in relation to Wales.
A Minister of the Crown may not without the consent of the National Assembly for Wales take action of a kind specified in subsection (3) that relates wholly or partly to a person or body specified in subsection (4).
The actions referred to in subsection (2) are—
making regulations under section 2(3), 4(2) or 6(1),
making an order under section 5(1),
issuing guidance under section 3(1), 4(6) or 6(4),
giving a direction under section 7,
bringing proceedings under section 10, and
making an order under section 13.
The persons and bodies referred to in subsection (2) are—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a person or body specified in paragraph 9 or 10 of Schedule 1, if and in so far as the person or body has functions in relation to Wales.
Regulations and orders under this Part shall be made by a Minister of the Crown , the Scottish Ministers or the Welsh Ministers by statutory instrument.
Any power of the Department of Justice in Northern Ireland under this Part to make regulations or an order is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
An order under section 1(4), 5(1) or 13(1) may not be made by a Minister of the Crown unless a draft has been laid before and approved by resolution of each House of Parliament.
An order under section 1(4), 5(2) or 13(2) may not be made by the Scottish Ministers unless a draft has been laid before and approved by resolution of the Scottish Parliament.
Regulations made by a Minister of the Crown under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An order under section 5(2A) or 13(2A) may not be made by the Welsh Ministers unless a draft has been laid before and approved by a resolution of the National Assembly for Wales.
Regulations made by the Scottish Ministers under this Part shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
An order under section 1(4), 5(1) or 13(1) may not be made by the Department of Justice in Northern Ireland unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.
Regulations or an order under this Part—
may make provision which applies generally or only in specified circumstances or for a specified purpose,
may make different provision for different circumstances or purposes, and
may make incidental, consequential or transitional provision.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
Regulations made by the Welsh Ministers under this Part are subject to annulment in pursuance of a resolution of the National Assembly for Wales.
Regulations made by the Department of Justice in Northern Ireland under this Part are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
A Minister of the Crown must consult the Department of Justice in Northern Ireland before making regulations or an order under this Part in relation to the Chief Constable (PSNI).
The Department of Justice must consult a Minister of the Crown before making regulations or an order under this Part.
“function” means any power or duty whether conferred by virtue of an enactment or otherwise,
functions of the Scottish Ministers,
The Environment Agency.
A person who holds a licence to operate railway assets under section 8 of the Railways Act 1993 (c. 43) in so far as such operation takes place in Scotland.
The Secretary of State, in so far as his functions include responding to maritime and coastal emergencies (excluding the investigation of accidents).
A person who provides services in connection with railways, in so far as such services are provided in Scotland, and who holds a railway undertaking licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005.
without holding a licence under section 8 of that Act, but
in reliance on Council Directive 95/18/EC on the licensing of railway undertakings,
An airport operator within the meaning of section 82(1) of the Airports Act 1986 (c. 31) in so far as it has responsibility for the management of an airport in Scotland.
A harbour authority, within the meaning of section 46(1) of the Aviation and Maritime Security Act 1990 (c. 31) in so far as it has functions in relation to improving, maintaining and managing a harbour in Scotland.
Part 1
The Greater London Authority.
The Scottish Environment Protection Agency.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ambulance services,
hospital accommodation and services in relation to accidents and emergencies, or
services in relation to public health in Wales.
After sections 1 to 4 of the Energy Act 1976 (powers to control production and supply of fuel, &c.) insert—
After section 39B of the Roads (Scotland) Act 1984 (traffic calming works regulations) insert— “traffic calming works”, in relation to a road, means works affecting the movement of vehicular or other traffic for the purpose of—
An NHS foundation trust within the meaning of section 30 of the National Health Service Act 2006 if, and in so far as, it has the function of providing—
ambulance services, or
hospital accommodation and services in relation to accidents and emergencies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State, in so far as the functions of the Secretary of State include responding to emergencies by virtue of —
the Secretary of State's functions under section 2A of the National Health Service Act 2006,
the Secretary of State's functions under section 58 of the Health and Social Care Act 2012 in so far as it applies in relation to Wales or Scotland, or
arrangements made by the Welsh Ministers or Scottish Ministers under which the Secretary of State exercises on their behalf functions in relation to protecting the public in Wales or Scotland from disease or other dangers to health.
A port health authority in England constituted under section 2(4) of the Public Health (Control of Disease) Act 1984 (c. 22).
NHS England.
An integrated care board established under section 14Z25 of the National Health Service Act 2006.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The chief constable of the Police Service of Scotland.
The Scottish Fire and Rescue Service.
The Scottish Ambulance Service Board.
“terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11), and
A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 (c. 29).
An integration authority within the meaning of section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014.
A county council in Wales. A county borough council.
A fire and rescue authority in Wales within the meaning of section 1 of the Fire and Rescue Services Act 2004.
A National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006 if, and so far as, it has the function of providing—
ambulance services,
hospital accommodation and services in relation to accidents and emergencies, or
services in relation to public health.
A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
The Natural Resources Body for Wales.
A port health authority in Wales constituted under section 2(4) of the Public Health (Control of Disease) Act 1984.
A person who, for the purposes of Part 1 of the Civil Aviation Act 2012, is an operator of an airport area that consists of or forms part of an airport in Great Britain.
functions of Ministers of the Crown (or their departments),
The Health and Safety Executive.
The Emergency Powers Act (Northern Ireland) 1926 shall cease to have effect.
15 (1) At the end of section 90H(2) of the Highways Act 1980 (traffic calming works regulations) add— “traffic calming works”, in relation to a highway, means works affecting the movement of vehicular or other traffic for the purpose of—
The Civil Defence Act 1948 shall cease to have effect.
Section 4 of the Public Expenditure and Receipts Act 1968 (compensation to civil defence employees for loss of employment, &c.) shall cease to have effect.
In section 65A(5) of the Road Traffic Act 1988 (light passenger vehicles and motor cycles not to be sold without EC certificate of conformity) omit paragraph (c).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Office for Nuclear Regulation.
The Coal Authority.
The Secretary of State, in so far as the functions of the Secretary of State include the activities of the Meteorological Office.
functions of the Northern Ireland Ministers or of the Northern Ireland departments, and
A person holding a licence of a kind specified in sub-paragraph (2) and granted under the Electricity Act 1989 (c. 29), in so far as the activity under the licence is undertaken in Scotland. Those licences are— Expressions used in this paragraph and in the Electricity Act 1989 shall have the same meaning in this paragraph as in that Act.
A person holding a licence of a kind specified in sub-paragraph (2), in so far as the activity under the licence is undertaken in Scotland. Those licences are—
Scottish Water, established by section 20 of, and Schedule 3 to, the Water Industry (Scotland) Act 2002 (asp 3).
A person who provides a public electronic communications network which makes telephone services available (whether for spoken communication or for the transmission of data) in so far as the services are made available in Scotland. In sub-paragraph (1)—
A person who, for the purposes of Part 1 of the Civil Aviation Act 2012, is an operator of an airport area that consists of or forms part of an airport in Scotland.
Public Health Scotland constituted by the Public Health Scotland Order 2019.
A water undertaker or sewerage undertaker appointed under section 6 of the Water Industry Act 1991 for an area wholly or mainly in Wales.
The Welsh Ministers, in so far as their functions relate to matters for which they are responsible by virtue of section 1 of the Highways Act 1980.
Section 32
Section 32 Short title and chapter Repeal or revocation The Emergency Powers Act 1920 (c. 55). The whole Act. The Emergency Powers Act (Northern Ireland) 1926 (c. 8). The whole Act. The Air-Raid Precautions Act (Northern Ireland) 1938 (c. 26 (N.I.)). The whole Act. The Civil Defence Act 1939 (c. 31). The whole Act. The Civil Defence Act (Northern Ireland) 1939 (c. 15 (N.I.)). The whole Act. The Civil Defence Act 1948 (c. 5). The whole Act. The Civil Defence Act (Northern Ireland) 1950 (c. 11 (N.I.)). The whole Act. The Criminal Justice Act (Northern Ireland) 1953 (c. 14 (N.I.)). In Schedule 2, the entry relating to the Civil Defence Act (Northern Ireland) 1950. The Civil Defence (Armed Forces) Act 1954 (c. 66). The whole Act. The Defence Contracts Act 1958 (c. 38). In section 6(1), in the definition of “defence materials”, paragraph (b). The Town and Country Planning (Scotland) Act 1959 (c. 70). In paragraph 2 of Schedule 4, the entry relating to the Civil Defence Act 1948. The Emergency Powers Act 1964 (c. 38). Section 1. The Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)). In Schedule 1, the entry relating to the Civil Defence Act (Northern Ireland) 1939. The Emergency Powers (Amendment) Act (Northern Ireland) 1964 (c. 34 (N.I.)). The whole Act. The Police (Scotland) Act 1967 (c. 77). In Schedule 4, the entry relating to the Civil Defence Act 1948. The Public Expenditure and Receipts Act 1968 (c. 14). Section 4. The Land Charges Act 1972 (c. 61). In Schedule 2, paragraph 1(f). The Local Government Act 1972 (c. 70). Section 138(1A). The Drainage (Northern Ireland) Order 1973 (S.I. 1973/69 (N.I. 1)). In Schedule 8, paragraphs 3 and 4. The Statute Law (Repeals) Act 1976 (c. 16). In Schedule 2, in Part II, the entry relating to the Civil Defence Act 1939. The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)). Article 31G(5)(c). The Civil Aviation Act 1982 (c. 16). In Schedule 2, paragraph 2. The Criminal Justice Act 1982 (c. 48). Section 41. The Police and Criminal Evidence Act 1984 (c. 60). In Schedule 2, the entry relating to section 2 of the Emergency Powers Act 1920. The Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703 (N.I. 3)). Article 12. The Civil Protection in Peacetime Act 1986 (c. 22). The whole Act. The Road Traffic Act 1988 (c. 52). Section 65A(5)(c). The Water Act 1989 (c. 15). In Schedule 25, paragraph 1(4). The Electricity Act 1989 (c. 29). In Schedule 16, paragraph 1(3) and paragraph 4. The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)). In Schedule 2, the entry relating to the Emergency Powers Act (Northern Ireland) 1926. The Local Government Finance Act 1992 (c. 14). In Schedule 13, paragraph 6. The Local Government etc. (Scotland) Act 1994 (c. 39). In Schedule 13, paragraph 24. The Gas Act 1995 (c. 45). In Schedule 4, paragraph 2(5). The Police Act 1997 (c. 50). In Schedule 9, paragraphs 2 and 17. The Greater London Authority Act 1999 (c. 29). Section 330. The Transport Act 2000 (c. 38). In Schedule 5, paragraph 3. The Civil Defence (Grant) Act 2002 (c. 5). The whole Act.
“war” includes armed conflict.
“territorial sea” means the territorial sea adjacent to, or to any Part of, the United Kingdom, construed in accordance with section 1 of the Territorial Sea Act 1987 (c. 49),
“serious delay” has the meaning given by section 20(4),
A chief officer of police within the meaning of section 101(1) of the Police Act 1996 (c. 16). The Chief Constable of the Police Service of Northern Ireland. The Chief Constable of the British Transport Police Force.
The Civil Defence Act 1939 shall cease to have effect.
The bodies established by section 26 of the Local Government Act 1985 (c. 51) and known as metropolitan county fire and civil defence authorities shall be known instead as metropolitan county fire and rescue authorities. So far as necessary or appropriate in consequence of sub-paragraph (1), a reference in an enactment, instrument, agreement or other document to a metropolitan county fire and civil defence authority shall be treated as a reference to a metropolitan county fire and rescue authority. In the following provisions for “(fire services, civil defence and transport)” substitute “ (fire and rescue services and transport) ”
The Civil Defence Act (Northern Ireland) 1950 shall cease to have effect.
In section 138 of the Local Government Act 1972 (emergency powers)—
subsection (1A) shall cease to have effect, and
in subsection (3) for “subsections (1) and (1A) above” substitute “ subsection (1) above ”.
A fire and rescue authority in England, within the meaning of section 1 of the Fire and Rescue Services Act 2004 (c. 21).
In this Part—
A person holding a licence of a kind specified in sub-paragraph (2) and granted under section 6 of the Electricity Act 1989 (c. 29). Those licences are— Expressions used in this paragraph and in the Electricity Act 1989 shall have the same meaning in this paragraph as in that Act.
A person holding a licence of a kind specified in sub-paragraph (2). Those licences are—
A water undertaker or sewerage undertaker for an area wholly or mainly in England appointed under section 6 of the Water Industry Act 1991 (c. 56).
A person who provides a public electronic communications network which makes telephone services available (whether for spoken communication or for the transmission of data). In sub-paragraph (1)—
In this Part a reference to the United Kingdom includes a reference to the territorial sea of the United Kingdom.
Except in a case of contradiction, nothing in or done under this Part shall impliedly repeal or revoke a provision of or made under another enactment.
A Minister of the Crown must consult the Welsh Ministers before making regulations or an order under this Part in relation to a person or body if or in so far as the person or body exercises functions in relation to Wales.
The Welsh Ministers must consult a Minister of the Crown before making regulations or an order under this Part.
In relation to emergencies that do not fall within section 1(1)(c)—
the power under section 15(3) or (6), or section 15B(3) or (6) to make regulations or an order permitting or requiring the Chief Constable (PSNI) to co-operate with, or provide information to, a person or body listed in Part 2 or 2A of Schedule 1 is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown);
the power under section 15(4) or 15B(4) to issue guidance is exercisable by the Department of Justice (and not by a Minister of the Crown) in relation to regulations made by the Department.
Where the Chief Constable (PSNI) has a duty under section 2, a Minister of the Crown may, in relation to emergencies that do not fall within section 1(1)(c), make regulations—
permitting or requiring another 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 the Chief Constable (PSNI) in connection with the performance of the duty;
permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to provide information, either on request or in other specified circumstances, to the Chief Constable (PSNI) in connection with the performance of the duty.
A Minister of the Crown may issue guidance about a matter addressed in regulations under subsection (2).
If the Department of Justice in Northern Ireland makes an order under section 5(1) imposing a duty on the Chief Constable (PSNI), a Minister of the Crown may make an order—
permitting or requiring another 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 the Chief Constable (PSNI) in connection with the duty;
permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to provide information, either on request or in other specified circumstances, to the Chief Constable (PSNI) in connection with the duty.
Where a person or body listed in Part 1 of Schedule 1 (other than the Chief Constable (PSNI)) has a duty under section 2 or 4, the Department of Justice in Northern Ireland may, in relation to emergencies that do not fall within section 1(1)(c), make regulations—
permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 of Schedule 1 in connection with the performance of the duty;
permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 of Schedule 1 in connection with the performance of the duty.
The Department of Justice in Northern Ireland may issue guidance about a matter addressed in regulations under subsection (5).
If a Minister of the Crown makes an order under section 5(1) imposing a duty on a person or body listed in Part 1 of Schedule 1, the Department of Justice in Northern Ireland may, in relation to emergencies that do not fall within section 1(1)(c), make an order—
permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 of Schedule 1 in connection with the duty;
permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 of Schedule 1 in connection with the duty.
A person or body must comply with regulations or an order under this section and must have regard to guidance under this section.
In this Act, except where the contrary intention appears, a reference to an order under section 5(1) includes a reference to an order under subsection (4) or (7) above.
Where a person or body listed in Part 1 or 2 of Schedule 1 has a duty under section 2 or 4, the Welsh Ministers may make regulations—
permitting or requiring a person or body listed in Part 2A or 5 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 or 2 of that Schedule in connection with the performance of the duty;
permitting or requiring a person or body listed in Part 2A or 5 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 or 2 of that Schedule in connection with the performance of the duty.
The Welsh Ministers may issue guidance about a matter addressed in regulations under subsection (1).
Where a person or body listed in Part 2A of Schedule 1 has a duty under section 2 or 4, a Minister of the Crown may make regulations—
permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 2A of that Schedule in connection with the performance of the duty;
permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 2A of that Schedule in connection with the performance of the duty.
A Minister of the Crown may issue guidance about a matter addressed in regulations under subsection (3).
If an order is made under section 5(1) or (2) imposing a duty on a person or body listed in Part 1 or 2 of Schedule 1, the Welsh Ministers may make an order—
permitting or requiring a person or body listed in Part 2A or 5 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 or 2 of that Schedule in connection with the duty;
permitting or requiring a person or body listed in Part 2A or 5 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 or 2 of that Schedule in connection with the duty.
If the Welsh Ministers make an order under section 5(2A) imposing a duty on a person or body listed in Part 2A of Schedule 1, a Minister of the Crown may make an order—
permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 2A of that Schedule in connection with the duty;
permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 2A of that Schedule in connection with the duty.
A person or body must—
comply with regulations or an order under this section, and
have regard to guidance under this section.
In this Act, except where the contrary intention appears—
a reference to an order under section 5(1) includes a reference to an order under subsection (6) above; and
a reference to an order under section 5(2A) includes a reference to an order under subsection (5) above.
In this Part “emergency” means—
an event or situation which threatens serious damage to human welfare in the United Kingdom or in a Part or region,
an event or situation which threatens serious damage to the environment of the United Kingdom or of a Part or region, or
war, or terrorism, which threatens serious damage to the security of the United Kingdom.
For the purposes of subsection (1)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause—
loss of human life,
human illness or injury,
homelessness,
damage to property,
disruption of a supply of money, food, water, energy or fuel,
disruption of a system of communication,
disruption of facilities for transport, or
disruption of services relating to health.
For the purposes of subsection (1)(b) an event or situation threatens damage to the environment only if it involves, causes or may cause—
contamination of land, water or air with biological, chemical or radio-active matter, or
disruption or destruction of plant life or animal life.
The Secretary of State may by order amend subsection (2) so as to provide that in so far as an event or situation involves or causes disruption of a specified supply, system, facility or service—
it is to be treated as threatening damage to human welfare, or
it is no longer to be treated as threatening damage to human welfare.
An order under subsection (4)—
may make consequential amendment of this Part, and
may not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.
The event or situation mentioned in subsection (1) may occur or be inside or outside the United Kingdom.
Her Majesty may by Order in Council make emergency regulations if satisfied that the conditions in section 21 are satisfied.
A senior Minister of the Crown may make emergency regulations if satisfied—
that the conditions in section 21 are satisfied, and
that it would not be possible, without serious delay, to arrange for an Order in Council under subsection (1).
In this Part “senior Minister of the Crown” means—
the First Lord of the Treasury (the Prime Minister),
any of Her Majesty’s Principal Secretaries of State, and
the Commissioners of Her Majesty’s Treasury.
In this Part “serious delay” means a delay that might—
cause serious damage, or
seriously obstruct the prevention, control or mitigation of serious damage.
Regulations under this section must be prefaced by a statement by the person making the regulations—
specifying the nature of the emergency in respect of which the regulations are made, and
declaring that the person making the regulations—
is satisfied that the conditions in section 21 are met,
is satisfied that the regulations contain only provision which is appropriate for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency in respect of which the regulations are made,
is satisfied that the effect of the regulations is in due proportion to that aspect or effect of the emergency,
is satisfied that the regulations are compatible with the Convention rights (within the meaning of section 1 of the Human Rights Act 1998 (c. 42)), and
in the case of regulations made under subsection (2), is satisfied as to the matter specified in subsection (2)(b).
This section specifies the conditions mentioned in section 20.
The first condition is that an emergency has occurred, is occurring or is about to occur.
The second condition is that it is necessary to make provision for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency.
The third condition is that the need for provision referred to in subsection (3) is urgent.
For the purpose of subsection (3) provision which is the same as an enactment (“the existing legislation”) is necessary if, in particular—
the existing legislation cannot be relied upon without the risk of serious delay,
it is not possible without the risk of serious delay to ascertain whether the existing legislation can be relied upon, or
the existing legislation might be insufficiently effective.
For the purpose of subsection (3) provision which could be made under an enactment other than section 20 (“the existing legislation”) is necessary if, in particular—
the provision cannot be made under the existing legislation without the risk of serious delay,
it is not possible without the risk of serious delay to ascertain whether the provision can be made under the existing legislation, or
the provision might be insufficiently effective if made under the existing legislation.
Emergency regulations may make any provision which the person making the regulations is satisfied is appropriate for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency in respect of which the regulations are made.
In particular, emergency regulations may make any provision which the person making the regulations is satisfied is appropriate for the purpose of—
protecting human life, health or safety,
treating human illness or injury,
protecting or restoring property,
protecting or restoring a supply of money, food, water, energy or fuel,
protecting or restoring a system of communication,
protecting or restoring facilities for transport,
protecting or restoring the provision of services relating to health,
protecting or restoring the activities of banks or other financial institutions,
preventing, containing or reducing the contamination of land, water or air,
preventing, reducing or mitigating the effects of disruption or destruction of plant life or animal life,
protecting or restoring activities of Parliament, of the Scottish Parliament, of the Northern Ireland Assembly or of the National Assembly for Wales, or
protecting or restoring the performance of public functions.
Emergency regulations may make provision of any kind that could be made by Act of Parliament or by the exercise of the Royal Prerogative; in particular, regulations may—
confer a function on a Minister of the Crown, on the Scottish Ministers, on the National Assembly for Wales, on a Northern Ireland department, on a coordinator appointed under section 24 or on any other specified person (and a function conferred may, in particular, be—
a power, or duty, to exercise a discretion;
a power to give directions or orders, whether written or oral);
provide for or enable the requisition or confiscation of property (with or without compensation);
provide for or enable the destruction of property, animal life or plant life (with or without compensation);
prohibit, or enable the prohibition of, movement to or from a specified place;
require, or enable the requirement of, movement to or from a specified place;
prohibit, or enable the prohibition of, assemblies of specified kinds, at specified places or at specified times;
prohibit, or enable the prohibition of, travel at specified times;
prohibit, or enable the prohibition of, other specified activities;
create an offence of—
failing to comply with a provision of the regulations;
failing to comply with a direction or order given or made under the regulations;
obstructing a person in the performance of a function under or by virtue of the regulations;
disapply or modify an enactment or a provision made under or by virtue of an enactment;
require a person or body to act in performance of a function (whether the function is conferred by the regulations or otherwise and whether or not the regulations also make provision for remuneration or compensation);
enable the Defence Council to authorise the deployment of Her Majesty’s armed forces;
make provision (which may include conferring powers in relation to property) for facilitating any deployment of Her Majesty’s armed forces;
confer jurisdiction on a court or tribunal (which may include a tribunal established by the regulations);
make provision which has effect in relation to, or to anything done in—
an area of the territorial sea,
an area within British fishery limits, or
an area of the continental shelf;
make provision which applies generally or only in specified circumstances or for a specified purpose;
make different provision for different circumstances or purposes.
In subsection (3) “specified” means specified by, or to be specified in accordance with, the regulations.
A person making emergency regulations must have regard to the importance of ensuring that Parliament, the High Court and the Court of Session are able to conduct proceedings in connection with—
the regulations, or
action taken under the regulations.
Emergency regulations may make provision only if and in so far as the person making the regulations is satisfied—
that the provision is appropriate for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency in respect of which the regulations are made, and
that the effect of the provision is in due proportion to that aspect or effect of the emergency.
Emergency regulations must specify the Parts of the United Kingdom or regions in relation to which the regulations have effect.
Emergency regulations may not—
require a person, or enable a person to be required, to provide military service, or
prohibit or enable the prohibition of participation in, or any activity in connection with, a strike or other industrial action.
Emergency regulations may not—
create an offence other than one of the kind described in section 22(3)(i),
create an offence other than one which is triable only before a magistrates' court or, in Scotland, before a sheriff under summary procedure,
create an offence which is punishable—
with imprisonment for a period exceeding three months, or
with a fine exceeding level 5 on the standard scale, or
alter procedure in relation to criminal proceedings.
Emergency regulations may not amend—
this Part of this Act, or
the Human Rights Act 1998 (c. 42).
Emergency regulations must require a senior Minister of the Crown to appoint—
for each Part of the United Kingdom, other than England, in relation to which the regulations have effect, a person to be known as the Emergency Coordinator for that Part, and
for each region in relation to which the regulations have effect, a person to be known as the Regional Nominated Coordinator for that region.
Provision made in accordance with subsection (1) may, in particular, include provision about the coordinator's—
terms of appointment,
conditions of service (including remuneration), and
functions.
The principal purpose of the appointment shall be to facilitate coordination of activities under the emergency regulations (whether only in the Part or region for which the appointment is made or partly there and partly elsewhere).
In exercising his functions a coordinator shall—
comply with a direction of a senior Minister of the Crown, and
have regard to guidance issued by a senior Minister of the Crown.
A coordinator shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Emergency regulations which establish a tribunal may not be made unless a senior Minister of the Crown has consulted the Council on Tribunals.
But—
a senior Minister of the Crown may disapply subsection (1) if necessary by reason of urgency,
subsection (1) shall not apply where the Council on Tribunals have consented to the establishment of the Tribunal, and
a failure to satisfy subsection (1) shall not affect the validity of regulations.
Where the Council on Tribunals are consulted by a senior Minister of the Crown under subsection (1)—
the Council shall make a report to the Minister, and
the Minister shall not make the emergency regulations to which the consultation relates before receiving the Council’s report.
But—
a senior Minister of the Crown may disapply subsection (3)(b) if necessary by reason of urgency, and
a failure to comply with subsection (3)(b) shall not affect the validity of regulations.
Where a senior Minister of the Crown receives a report under subsection (3)(a) he shall lay before Parliament as soon as is reasonably practicable after the making of the regulations to which the report relates—
a copy of the report,
a statement of the extent to which the regulations give effect to any recommendations in the report, and
an explanation for any departure from recommendations in the report.
Where a senior Minister of the Crown makes emergency regulations without consulting the Council on Tribunals (in reliance on subsection (2)(a))—
he shall consult the Council about the regulations as soon as reasonably practicable after they are made,
the Council shall make a report to the Minister, and
subsection (5) shall apply (with any necessary modifications).
Emergency regulations shall lapse—
at the end of the period of 30 days beginning with the date on which they are made, or
at such earlier time as may be specified in the regulations.
Subsection (1)—
shall not prevent the making of new regulations, and
shall not affect anything done by virtue of the regulations before they lapse.
Where emergency regulations are made—
a senior Minister of the Crown shall as soon as is reasonably practicable lay the regulations before Parliament, and
the regulations shall lapse at the end of the period of seven days beginning with the date of laying unless during that period each House of Parliament passes a resolution approving them.
If each House of Parliament passes a resolution that emergency regulations shall cease to have effect, the regulations shall cease to have effect—
at such time, after the passing of the resolutions, as may be specified in them, or
if no time is specified in the resolutions, at the beginning of the day after that on which the resolutions are passed (or, if they are passed on different days, at the beginning of the day after that on which the second resolution is passed).
If each House of Parliament passes a resolution that emergency regulations shall have effect with a specified amendment, the regulations shall have effect as amended, with effect from—
such time, after the passing of the resolutions, as may be specified in them, or
if no time is specified in the resolutions, the beginning of the day after that on which the resolutions are passed (or, if they are passed on different days, the beginning of the day after that on which the second resolution is passed).
Nothing in this section—
shall prevent the making of new regulations, or
shall affect anything done by virtue of regulations before they lapse, cease to have effect or are amended under this section.
If when emergency regulations are made under section 20 Parliament stands prorogued to a day after the end of the period of five days beginning with the date on which the regulations are made, Her Majesty shall by proclamation under the Meeting of Parliament Act 1797 (c. 127) require Parliament to meet on a specified day within that period.
If when emergency regulations are made under section 20 the House of Commons stands adjourned to a day after the end of the period of five days beginning with the date on which the regulations are made, the Speaker of the House of Commons shall arrange for the House to meet on a day during that period.
If when emergency regulations are made under section 20 the House of Lords stands adjourned to a day after the end of the period of five days beginning with the date on which the regulations are made, the Speaker of the House of Lords shall arrange for the House to meet on a day during that period.
In subsections (2) and (3) a reference to the Speaker of the House of Commons or the Speaker of the House of Lords includes a reference to a person authorised by Standing Orders of the House of Commons or of the House of Lords to act in place of the Speaker of the House of Commons or the Speaker of the House of Lords in respect of the recall of the House during adjournment.
Emergency regulations which relate wholly or partly to Scotland may not be made unless a senior Minister of the Crown has consulted the Scottish Ministers.
Emergency regulations which relate wholly or partly to Northern Ireland may not be made unless a senior Minister of the Crown has consulted the First Minister and deputy First Minister.
Emergency regulations which relate wholly or partly to Wales may not be made unless a senior Minister of the Crown has consulted the National Assembly for Wales.
But—
a senior Minister of the Crown may disapply a requirement to consult if he thinks it necessary by reason of urgency, and
a failure to satisfy a requirement to consult shall not affect the validity of regulations.
Emergency regulations shall be made by statutory instrument (whether or not made by Order in Council).
Emergency regulations shall be treated for the purposes of the Human Rights Act 1998 (c. 42) as subordinate legislation and not primary legislation (whether or not they amend primary legislation).
In this Part—
In relation to England—
a county council,
a district council,
a London borough council,
the Common Council of the City of London, and
the Council of the Isles of Scilly.
A person who holds a licence under section 8 of the Railways Act 1993 (c. 43) (operation of railway assets) in so far as the licence relates to activity in Great Britain.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a county council, and
a county borough council.
A person who provides services in connection with railways in Great Britain and who holds—
a railway undertaking licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005; or
a relevant European licence, within the meaning of section 6(2) of the Railways Act 1993.
Transport for London. London Underground Limited (being a subsidiary of Transport for London).
An airport operator, within the meaning of section 82(1) of the Airports Act 1986 (c. 31), in Great Britain.
A harbour authority, within the meaning of section 46(1) of the Aviation and Maritime Security Act 1990 (c. 31), in Great Britain.
The Secretary of State, in so far as his functions relate to matters for which he is responsible by virtue of section 1 of the Highways Act 1980 (c. 66) (highway authorities). A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.
Northern Ireland legislation, and
A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).
“serious delay” has the meaning given by section 20(4),
functions of persons holding office under the Crown,
an Act of the Scottish Parliament,
“function” means any power or duty whether conferred by virtue of an enactment or otherwise,
The Common Services Agency established by section 10 of the National Health Service (Scotland) Act 1978 (c. 29).
The Emergency Powers Act 1920 shall cease to have effect.
The Road Traffic Regulation Act 1984 shall be amended as follows. In Part 2 (traffic regulation: special cases) after section 22B insert— In section 67 (traffic signs: emergencies &c.) after subsection (1) insert— In Schedule 9 (reserve powers of Secretary of State, Scottish Ministers and National Assembly for Wales)—
functions of persons holding office under the Crown,
In paragraph 14 of Schedule 3 to the Northern Ireland Act 1998 (reserved matters) for “the Emergency Powers Act (Northern Ireland) 1926” substitute “ Part 2 of the Civil Contingencies Act 2004 ”.
The Civil Defence Act (Northern Ireland) 1939 shall cease to have effect.
In section 6(1) of the Defence Contracts Act 1958 (interpretation, &c.), in the definition of “defence materials” omit paragraph (b).
The Civil Protection in Peacetime Act 1986 shall cease to have effect.
functions of the Northern Ireland Ministers or of the Northern Ireland departments, and
In this Part—
“Part” in relation to the United Kingdom means—
England,
Northern Ireland,
Scotland, and
Wales,
“region” means a region for the purposes of the Regional Development Agencies Act 1998 (c. 45), and
a reference to a Part or region of the United Kingdom includes a reference to—
any part of the territorial sea that is adjacent to that Part or region,
any part of the area within British fishery limits that is adjacent to the Part or region, and
any part of the continental shelf that is adjacent to the Part or region.
The following shall have effect for the purpose of subsection (2)— but only if or in so far as it is expressed to apply for general or residual purposes of any of those Acts or for the purposes of this section.
an Order in Council under section 126(2) of the Scotland Act 1998 (c. 46) (apportionment of sea areas),
an Order in Council under section 98(8) of the Northern Ireland Act 1998 (c. 47) (apportionment of sea areas), and
an order under section 155(2) of the Government of Wales Act 1998 (c. 38) (apportionment of sea areas);
Schedule 2 (minor and consequential amendments and repeals) shall have effect.
The enactments listed in Schedule 3 are hereby repealed or revoked to the extent specified.
There shall be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown in connection with this Act, and
any increase attributable to this Act in the sums payable under any other enactment out of money provided by Parliament.
The preceding provisions of this Act shall come into force in accordance with provision made by a Minister of the Crown by order.
But the following provisions of this Act shall come into force in accordance with provision made by the Scottish Ministers by order—
section 1(4) in so far as it relates to the Scottish Ministers,
sections 2(4) and (6), 3(2), 4(3) and (7), 5(2) and (5), 6(2) and (5), 8, 9(2), 11, 13(2), 14(2), 17(3) and (5), and
a provision of section 2, 3, 4, 5, 6, 9, 13 or 17 in so far as it relates to a provision specified in paragraph (b) above.
An order under subsection (1) or (2)—
may make provision generally or for specific purposes only,
may make different provision for different purposes,
may make incidental, consequential or transitional provision, and
shall be made by statutory instrument.
This Act extends to—
England and Wales,
Scotland, and
Northern Ireland.
But where this Act amends or repeals an enactment or a provision of an enactment, the amendment or repeal has the same extent as the enactment or provision.
This Act may be cited as the Civil Contingencies Act 2004.