Civil Contingencies Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Civil Contingencies Bill

Civil Contingencies Bill
Part 2 — Emergency powers
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(l)
enable the Defence Council to authorise the deployment of Her
Majesty’s armed forces;
(m)
make provision (which may include conferring powers in relation to
property) for facilitating any deployment of Her Majesty’s armed
forces;
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(n)
confer jurisdiction on a court or tribunal (which may include a tribunal
established by the regulations);
(o)
make provision which has effect in relation to, or to anything done in—
(i)
an area of the territorial sea,
(ii)
an area within British fishery limits, or
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(iii)
an area of the continental shelf;
(p)
make provision which applies generally or only in specified
circumstances or for a specified purpose;
(q)
make different provision for different circumstances or purposes.
(4)
In subsection (3) “specified” means specified by, or to be specified in
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accordance with, the regulations.
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Limitations of emergency regulations
(1)
Emergency regulations may make provision only if and in so far as the person
making the regulations thinks—
(a)
that the provision is for the purpose of preventing, controlling or
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mitigating an aspect or effect of the emergency in respect of which the
regulations are made, and
(b)
that the effect of the provision is in due proportion to that aspect or
effect of the emergency.
(2)
Emergency regulations must specify the Parts of the United Kingdom or
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regions in relation to which the regulations have effect.
(3)
Emergency regulations may not—
(a)
require a person, or enable a person to be required, to provide military
service, or
(b)
prohibit or enable the prohibition of participation in, or any activity in
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connection with, a strike or other industrial action.
(4)
Emergency regulations may not—
(a)
create an offence other than one of the kind described in section 21(3)(i),
(b)
create an offence other than one which is triable only before a
magistrates’ court or, in Scotland, before a sheriff under summary
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procedure,
(c)
create an offence which is punishable—
(i)
with imprisonment for a period exceeding three months, or
(ii)
with a fine exceeding level 5 on the standard scale, or
(d)
alter procedure in relation to criminal proceedings.
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Regional and Emergency Coordinators
(1)
Emergency regulations must require a senior Minister of the Crown to
appoint—

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Part 2 — Emergency powers
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(a)
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
(b)
for each region in relation to which the regulations have effect, a person
to be known as the Regional Nominated Coordinator for that region.
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(2)
Provision made in accordance with subsection (1) may, in particular, include
provision about the coordinator’s—
(a)
terms of appointment,
(b)
conditions of service (including remuneration), and
(c)
functions.
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(3)
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).
(4)
In exercising his functions a coordinator shall—
(a)
comply with a direction of a senior Minister of the Crown, and
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(b)
have regard to guidance issued by a senior Minister of the Crown.
(5)
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.
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Establishment of tribunal
(1)
Emergency regulations which establish a tribunal may not be made unless a
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senior Minister of the Crown has consulted the Council on Tribunals.
(2)
But—
(a)
a senior Minister of the Crown may disapply subsection (1) if he thinks
it necessary by reason of urgency,
(b)
subsection (1) shall not apply where the Council on Tribunals have
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consented to the establishment of the Tribunal, and
(c)
a failure to satisfy subsection (1) shall not affect the validity of
regulations.
(3)
Where the Council on Tribunals are consulted by a senior Minister of the
Crown under subsection (1)—
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(a)
the Council shall make a report to the Minister, and
(b)
the Minister shall not make the emergency regulations to which the
consultation relates before receiving the Council’s report.
(4)
But—
(a)
a senior Minister of the Crown may disapply subsection (3)(b) if he
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thinks it necessary by reason of urgency, and
(b)
a failure to comply with subsection (3)(b) shall not affect the validity of
regulations.
(5)
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
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making of the regulations to which the report relates—
(a)
a copy of the report,
(b)
a statement of the extent to which the regulations give effect to any
recommendations in the report, and
(c)
an explanation for any departure from recommendations in the report.
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Part 2 — Emergency powers
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(6)
Where a senior Minister of the Crown makes emergency regulations without
consulting the Council on Tribunals (in reliance on subsection (2)(a))—
(a)
he shall consult the Council about the regulations as soon as reasonably
practicable after they are made,
(b)
the Council shall make a report to the Minister, and
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(c)
subsection (5) shall apply (with any necessary modifications).
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Duration
(1)
Emergency regulations shall lapse—
(a)
at the end of the period of 30 days beginning with the date on which
they are made, or
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(b)
at such earlier time as may be specified in the regulations.
(2)
Subsection (1)—
(a)
shall not prevent the making of new regulations, and
(b)
shall not affect anything done by virtue of the regulations before they
lapse.
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Parliamentary scrutiny
(1)
Where emergency regulations are made—
(a)
a senior Minister of the Crown shall as soon as is reasonably practicable
lay the regulations before Parliament, and
(b)
the regulations shall lapse at the end of the period of seven days
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beginning with the date of laying unless during that period each House
of Parliament passes a resolution approving them.
(2)
If each House of Parliament passes a resolution that emergency regulations
shall cease to have effect, the regulations shall cease to have effect—
(a)
at such time, after the passing of the resolutions, as may be specified in
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them, or
(b)
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).
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(3)
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—
(a)
such time, after the passing of the resolutions, as may be specified in
them, or
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(b)
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).
(4)
Nothing in this section—
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(a)
shall prevent the making of new regulations, or
(b)
shall affect anything done by virtue of regulations before they lapse,
cease to have effect or are amended under this section.

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Parliamentary scrutiny: prorogation and adjournment
(1)
If when emergency regulations are made under section 19 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
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on a specified day within that period.
(2)
If when emergency regulations are made under section 19 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 shall
arrange for the House to meet on a day during that period.
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(3)
If when emergency regulations are made under section 19 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 Lord Chancellor shall
arrange for the House to meet on a day during that period.
(4)
In subsections (2) and (3) a reference to the Lord Chancellor or the Speaker
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includes a reference to a person authorised by Standing Orders of the House of
Lords or of the House of Commons to act in place of the Lord Chancellor or the
Speaker in respect of the recall of the House during adjournment.
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Consultation with devolved administrations
(1)
Emergency regulations which relate wholly or partly to Scotland may not be
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made unless a senior Minister of the Crown has consulted the Scottish
Ministers.
(2)
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.
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(3)
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.
(4)
But—
(a)
a senior Minister of the Crown may disapply a requirement to consult
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if he thinks it necessary by reason of urgency, and
(b)
a failure to satisfy a requirement to consult shall not affect the validity
of regulations.
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Procedure
Emergency regulations shall be made by statutory instrument (whether or not
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made by Order in Council).
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Interpretation
(1)
In this Part—

“British fishery limits” has the meaning given by the Fishery Limits Act
1976 (c. 86),
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“the continental shelf” means any area designated by Order in Council
under section 1(7) of the Continental Shelf Act 1964 (c. 29),

“emergency” has the meaning given by section 18,

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Part 2 — Emergency powers
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“enactment” includes—
(a)
an Act of the Scottish Parliament,
(b)
Northern Ireland legislation, and
(c)
an instrument made under an Act of the Scottish Parliament or
under Northern Ireland legislation (as well as an instrument
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made under an Act),

“function” means any power or duty whether conferred by virtue of an
enactment or otherwise,

“Part” in relation to the United Kingdom has the meaning given by
subsection (2),
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“public functions” means—
(a)
functions conferred or imposed by or by virtue of an enactment,
(b)
functions of Ministers of the Crown (or their departments),
(c)
functions of persons holding office under the Crown,
(d)
functions of the Scottish Ministers,
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(e)
functions of the Northern Ireland Ministers or of the Northern
Ireland departments, and
(f)
functions of the National Assembly for Wales,

“region” has the meaning given by subsection (2),

“senior Minister of the Crown” has the meaning given by section 19(3),
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“serious delay” has the meaning given by section 19(4), and

“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).
(2)
In this Part—
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(a)
“Part” in relation to the United Kingdom means—
(i)
England,
(ii)
Northern Ireland,
(iii)
Scotland, and
(iv)
Wales,
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(b)
“region” means a region for the purposes of the Regional Development
Agencies Act 1998 (c. 45), and
(c)
a reference to a Part or region of the United Kingdom includes a
reference to—
(i)
any part of the territorial sea that is adjacent to that Part or
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region,
(ii)
any part of the area within British fishery limits that is adjacent
to the Part or region, and
(iii)
any part of the continental shelf that is adjacent to the Part or
region.
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(3)
The following shall have effect for the purpose of subsection (2)—
(a)
an Order in Council under section 126(2) of the Scotland Act 1998 (c. 46)
(apportionment of sea areas),
(b)
an Order in Council under section 98(8) of the Northern Ireland Act
1998 (c. 47) (apportionment of sea areas), and
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(c)
an order under section 155(2) of the Government of Wales Act 1998
(c. 38) (apportionment of sea areas);

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.

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Part 3 — General
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Part 3
General
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Minor and consequential amendments and repeals
(1)
Schedule 2 (minor and consequential amendments and repeals) shall have
effect.
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(2)
The enactments listed in Schedule 3 are hereby repealed or revoked to the
extent specified.
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Money
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown in connection with this
10
Act, and
(b)
any increase attributable to this Act in the sums payable under any other
enactment out of money provided by Parliament.
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Commencement
(1)
The preceding provisions of this Act shall come into force in accordance with
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provision made by a Minister of the Crown by order.
(2)
But the following provisions of this Act shall come into force in accordance
with provision made by the Scottish Ministers by order—
(a)
section 1(5) in so far as it relates to the Scottish Ministers,
(b)
sections 2(4) and (6), 3(2), 4(3) and (7), 5(2) and (5), 6(2) and (5), 8, 9(2),
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11, 13(2), 14(2), 16(3) and (5), and
(c)
a provision of section 2, 3, 4, 5, 6, 9, 13 or 16 in so far as it relates to a
provision specified in paragraph (b) above.
(3)
An order under subsection (1) or (2)—
(a)
may make provision generally or for specific purposes only,
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(b)
may make different provision for different purposes,
(c)
may make incidental, consequential or transitional provision, and
(d)
shall be made by statutory instrument.
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Extent
(1)
This Act extends to—
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(a)
England and Wales,
(b)
Scotland, and
(c)
Northern Ireland.
(2)
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
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provision.
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Short title
This Act may be cited as the Civil Contingencies Act 2004.