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A | |
Bill | |
To | |
Require the Secretary of State to co-ordinate the provision of a multi-media | |
broadcasting system to provide information to the public about emergencies | |
and potential emergencies. | |
Be 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:— | |
1 Principal duty of the Secretary of State | |
(1) It shall be the principal duty of the Secretary of State under this Act to co- | |
ordinate the provision of a multi-media broadcasting system to provide | |
information to the public about emergencies and potential emergencies. | |
(2) The system secured as a result of the exercise by the Secretary of State of his | 5 |
functions under this Act shall be known as the “emergency broadcasting | |
system”. | |
2 Meaning of “emergencies and potential emergencies” | |
(1) For the purposes of this Act the term “emergencies and potential emergencies” | |
means— | 10 |
(a) any period during which a proclamation of emergency is in force under | |
section 1 of the Emergency Powers Act 1920 (c. 55) (issue of | |
proclamations of emergency); or | |
(b) an event or situation which presents a serious threat to— | |
(i) the welfare of all or part of the population of the United | 15 |
Kingdom or of a Part or region, | |
(ii) the environment of the United Kingdom or of a Part or region, | |
(iii) the political, administrative or economic stability of the United | |
Kingdom or of a Part or region, or | |
(iv) the security of the United Kingdom or of a Part or region. | 20 |
(2) For the purposes of subsection (1)(b)(i) an event or situation presents a threat | |
to the welfare of a population if, in particular, it involves, causes or may | |
cause— | |
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(a) loss of human life, | |
(b) human illness or injury, | |
(c) homelessness, | |
(d) damage to property, | |
(e) disruption of a supply of food, water, energy, fuel or another essential | 5 |
commodity, | |
(f) disruption of an electronic or other system of communication, | |
(g) disruption of facilities for transport, or | |
(h) disruption of medical, educational or other essential services. | |
(3) For the purposes of subsection (1)(b)(ii) an event or situation presents a threat | 10 |
to the environment, if, in particular, it involves, causes or may cause— | |
(a) contamination of land, water or air with— | |
(i) harmful biological, chemical or radioactive matter, or | |
(ii) fuel oils, | |
(b) flooding, or | 15 |
(c) disruption or destruction of plant life or animal life. | |
(4) For the purposes of subsection (1)(b)(iii) an event or situation presents a threat | |
to political, administrative or economic stability if, in particular, it causes or | |
may cause disruption of— | |
(a) the activities of Her Majesty’s Government, | 20 |
(b) the performance of public functions, or | |
(c) the activities of banks or other financial institutions. | |
(5) For the purposes of subsection (1)(b)(iv) the following, in particular, present a | |
threat to security— | |
(a) war or armed conflict, and | 25 |
(b) terrorism, within the meaning given by section 1 of the Terrorism Act | |
2000 (c. 11) (terrorism: interpretation). | |
(6) In this section— | |
“Part” in relation to the United Kingdom means— | |
(a) England, | 30 |
(b) Northern Ireland, | |
(c) Scotland, and | |
(d) Wales; | |
“public functions” means— | |
(a) functions conferred or imposed by or by virtue of an enactment, | 35 |
(b) functions of Ministers of the Crown (or their departments), | |
(c) functions of persons holding office under the Crown, | |
(d) functions of the Scottish Parliament or the Scottish Ministers, | |
(e) functions of the Northern Ireland Assembly, of the Northern | |
Ireland Ministers or of the Northern Ireland departments, and | 40 |
(f) functions of the National Assembly for Wales; and | |
“region” means a region for the purposes of the Regional Development | |
Agencies Act 1998 (c. 45). | |
(7) The event or situation mentioned in subsection (1)(b) may occur or be inside or | |
outside the United Kingdom. | 45 |
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3 Communications providers to whom emergency broadcasting system applies | |
(1) The Secretary of State may make arrangements or require the Office of | |
Communications (hereafter “OFCOM”) to make arrangements for the | |
participation of any communications provider designated in subsections (2) to | |
(4) in the emergency broadcasting system. | 5 |
(2) The provider of any— | |
(a) radio programme service, | |
(b) television programme service, or | |
(c) text service | |
is designated in this subsection. | 10 |
(3) The British Broadcasting Corporation and the Welsh Authority are designated | |
in this subsection. | |
(4) The provider of any electronic communications network, electronic | |
communications service or associated facility who is subject to conditions in | |
accordance with the provisions of section 43 of the Communications Act 2003 | 15 |
(c. 00) (persons to whom conditions may apply) is designated in this | |
subsection. | |
(5) Any communications provider designated in accordance with the provisions | |
of subsections (2) to (4) (hereafter “designated communications providers”) | |
shall be informed as soon as practicable by OFCOM in writing that they have | 20 |
been so designated. | |
(6) The terms used in subsections (2) and (3) shall have the same meanings as in | |
Part 3 of the Communications Act 2003. | |
(7) The terms used in subsection (4) shall have the same meanings as in Chapter 1 | |
of Part 2 of that Act. | 25 |
4 Preparation of plan | |
(1) It shall be the duty of the Secretary of State, within a period of six months of the | |
coming into force of this Act, to lay before Parliament and publish a plan | |
setting out how he proposes to fulfil his functions under this Act. | |
(2) The Secretary of State may from time to time thereafter lay before Parliament | 30 |
and publish a revised plan. | |
(3) Before publishing a plan under subsections (1) or (2) the Secretary of State— | |
(a) must consult the persons specified in or under subsection (4), and | |
(b) may consult such other persons as he considers appropriate | |
about the proposed contents of the plan. | 35 |
(4) The persons specified in or under this subsection are— | |
(a) relevant authorities as defined in section 5; | |
(b) chief officers of police; | |
(c) fire authorities; | |
(d) NHS ambulance bodies; | 40 |
(e) the Environment Agency; | |
(f) OFCOM; and | |
(g) designated communications providers who are, in the opinion of | |
OFCOM, likely to be significantly affected by the implementation of the | |
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plan and who have been so specified for the purposes of this subsection | |
by OFCOM. | |
5 Function and meaning of relevant authority | |
(1) It shall be the duty of each relevant authority to designate at least one member | |
of staff of that authority to exercise the function under section 6(3) in respect of | 5 |
that authority. | |
(2) As soon as practicable after designating a person for the purpose of subsection | |
(1), the relevant authority shall inform the Secretary of State of the name of, and | |
the staff position held by, the person so designated. | |
(3) In England, a “relevant authority” means— | 10 |
(a) a county council, | |
(b) a district council, | |
(c) a London borough council, | |
(d) the Common Council of the City of London, and | |
(e) the Council of the Isles of Scilly. | 15 |
(4) In Wales, a “relevant authority” means— | |
(a) a county council, and | |
(b) a county borough council. | |
(5) In Scotland, a “relevant authority” means a local council within the meaning of | |
section 1 of the Local Government etc. (Scotland) Act 1994 (c. 39) (local | 20 |
government areas in Scotland). | |
(6) In Northern Ireland, the “relevant authority” means the Northern Ireland | |
Minister with responsibility for services similar to those provided by a county | |
council in England. | |
(7) In this section “Northern Ireland Minister” includes the First Minister, the | 25 |
deputy First Minister and a Northern Ireland department. | |
6 Circumstances where notice may be given | |
(1) Where any one of the conditions set out in subsections (2) to (5) is met, the | |
Secretary of State may by notice require OFCOM to give a direction under | |
section 7. | 30 |
(2) The condition set out in this subsection is that the Secretary of State is satisfied | |
that there is an emergency or potential emergency in respect of which use of | |
the emergency broadcasting system would be of public benefit. | |
(3) The condition set out in this subsection is that it has been represented to the | |
Secretary of State by— | 35 |
(a) a chief officer of police, or | |
(b) a person designated by a relevant authority in accordance with the | |
provisions of section 5(1) | |
that there is an emergency or potential emergency in respect of which use of | |
the emergency broadcasting system would be of public benefit and the | 40 |
Secretary of State does not have good reason not to accept that representation. | |
(4) The condition set out in this subsection is that the Secretary of State considers | |
it desirable for certain actions to be undertaken to assist in the development of | |
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the emergency broadcasting system and has previously consulted OFCOM | |
with regard to the extent and the timing of those actions. | |
(5) The condition set out in this subsection is that the Secretary of State considers | |
it desirable to test the functioning of the emergency broadcasting system and | |
has previously consulted OFCOM with regard to the extent and the timing of | 5 |
the tests. | |
7 Scope and effect of notices and directions | |
(1) Where any one of the conditions set out in section 6 is met, the Secretary of | |
State may by notice require OFCOM to give a direction under this section. | |
(2) A notice under subsection (1) shall be given in writing. | 10 |
(3) A direction under this section is a direction to a designated communications | |
provider who is specified in the direction to do the things specified in the | |
direction. | |
(4) The things to be done specified in the direction may include the transmission | |
or conveyance of— | 15 |
(a) any content prepared in accordance with the provisions of section 8; | |
(b) any content which is information or advice— | |
(i) which is of value to members of the public following the | |
occurrence of an event or during the existence of a situation | |
falling within the terms of section 2(1), and | 20 |
(ii) which complies with the requirement in section 8(5); or | |
(c) any signal to be transmitted or conveyed for the purposes of section | |
8(3). | |
(5) The direction may specify the times at which the things to be done are to be | |
done. | 25 |
(6) The direction may specify the area in respect of which the content or signals or | |
both specified in the direction are to be transmitted or conveyed. | |
(7) Where a communications provider does anything in pursuance of a direction | |
under this section, he may, subject to any restriction contained in the direction, | |
announce that he is doing so in pursuance of such a direction. | 30 |
(8) Subject to— | |
(a) OFCOM being satisfied that the conditions mentioned in subsection | |
(4)(b) are met in any relevant case, and | |
(b) subsection (9) | |
OFCOM must comply with every requirement contained in a notice under this | 35 |
section. | |
(9) Subsection (8) does not impose any obligation on OFCOM to comply with any | |
requirement, or any part thereof, to be placed upon the provider of any | |
electronic communications network, electronic communications service or | |
associated facility in relation to which OFCOM are satisfied that imposition of | 40 |
the requirement, or any part thereof, would fall outside the terms of the general | |
conditions specified in section 48 of the Communications Act 2003 (c. 00) | |
(matters to which general conditions may relate). | |
(10) Where OFCOM are of the opinion that, in accordance with the provisions of | |
subsection (9), they may not place a requirement, or any part thereof, upon the | 45 |
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provider of any electronic communications network, electronic | |
communications service or associated facility, OFCOM shall make a request to | |
the provider concerned in the same terms as the requirement contained in the | |
relevant notice. | |
(11) In this section “signal” includes— | 5 |
(a) anything comprising speech, music, sounds, visual images or | |
communications or data of any description; and | |
(b) signals serving for the impartation of anything between persons, | |
between a person and a thing or between things, or for the actuation or | |
control of apparatus. | 10 |
8 Advance preparation of content to be transmitted or conveyed | |
(1) It shall be the duty of the Secretary of State to create, or secure the creation of, | |
content to be transmitted or conveyed by means of the emergency | |
broadcasting system in accordance with the provisions of subsections (2) to (6). | |
(2) The content to be created in accordance with this subsection is factual | 15 |
information relating to the purposes and operation of the emergency | |
broadcasting system. | |
(3) The content to be created in accordance with this subsection is any signal to be | |
transmitted or conveyed to signify the occurrence of an event or the existence | |
of a situation falling within the terms of section 2(1). | 20 |
(4) The content to be created in accordance with this subsection is any information | |
or advice which, in the opinion of the Secretary of State, would be of value to | |
members of the public following the occurrence of an event or during the | |
existence of a situation falling within the terms of section 2(1). | |
(5) The Secretary of State shall ensure that content created in accordance with this | 25 |
section is prepared and presented with due impartiality. | |
(6) Wherever practicable, the Secretary of State shall consult OFCOM about the | |
preparation of content for the purposes of this section. | |
(7) In this section “signal” shall have the same meaning as in section 7(11). | |
9 Promotion of awareness of emergency broadcasting system | 30 |
(1) The Secretary of State may take such actions as he considers appropriate to | |
promote public awareness of the purposes and operation of the emergency | |
broadcasting system. | |
(2) In particular, he may arrange for the use of advertising to promote awareness | |
of— | 35 |
(a) the circumstances in which the system may be used, and | |
(b) the content that may be conveyed or transmitted using the system. | |
10 Reports and accountability | |
(1) The Secretary of State must prepare and lay before Parliament regular reports | |
on the operation of this Act. | 40 |
(2) The first report under this section must relate to the period which— | |
(a) begins with the date on which this Act comes into force; and | |
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(b) ends with 31st March 2004. | |
(3) Every subsequent report must relate to the period of twelve months beginning | |
with the end of the period to which the previous report related. | |
(4) The obligation under this section to prepare and lay a report before Parliament | |
is an obligation to do that as soon as reasonably practicable after the end of the | 5 |
period to which the report relates. | |
(5) On each occasion where the Secretary of State issues a notice under section 7 | |
(other than an occasion where only a condition mentioned in section 6(4) or (5) | |
was met) he shall, as soon as practicable thereafter, lay a statement before | |
Parliament. | 10 |
(6) A statement under subsection (5) shall summarise— | |
(a) the condition under section 6 that was met; | |
(b) the emergency or potential emergency to which the condition related; | |
and | |
(c) the terms of the notice given to OFCOM under section 7. | 15 |
11 Reimbursement of direct costs | |
(1) OFCOM shall prepare for each relevant period a statement of the direct costs | |
incurred— | |
(a) by them under this Act, and | |
(b) by designated communications providers in the development, testing | 20 |
and operation of the emergency broadcasting system. | |
(2) The first relevant period under this section— | |
(a) begins with the date on which this Act comes into force; and | |
(b) ends with 31st March 2004. | |
(3) Every subsequent relevant period is the period of twelve months beginning | 25 |
with the end of the period to which the previous statement related. | |
(4) OFCOM may require designated communications providers to provide them | |
with such information as they consider relevant to the preparation of a | |
statement under subsection (1). | |
(5) The Secretary of State may, with the consent of the Treasury, make grants to OFCOM | 30 |
of such sums as are specified in a statement prepared under subsection (1). | |
(6) Grants under this section shall be paid out of money provided by Parliament. | |
(7) Except as provided for in subsection (8), OFCOM shall distribute sums | |
received by them in accordance with subsection (5) to designated | |
communications providers to meet the direct costs duly incurred by those | 35 |
providers and set out in a statement under subsection (1). | |
(8) OFCOM may retain sums received by them in accordance with subsection (5) | |
to meet the direct costs duly incurred by them and set out in a statement under | |
subsection (1). | |
(9) In this section “direct costs” do not include any advertising revenue or any | 40 |
other income lost or foregone by a designated communications provider as a | |
result of the development, testing and operation of the emergency | |
broadcasting system. | |
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