Civil Contingencies Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Civil Contingencies Bill

Civil Contingencies Bill
Schedule 1 — Category 1 and 2 Responders
Part 1 — Category 1 Responders: General
21

Schedules
Schedule 1
Part 1

Category 1 and 2 Responders
Part 1
Category 1 Responders: General
5
Local authorities
1
In relation to England—
(a)
a county council,
(b)
a district council,
(c)
a London borough council,
10
(d)
the Common Council of the City of London, and
(e)
the Council of the Isles of Scilly.
2
In relation to Wales—
(a)
a county council, and
(b)
a county borough council.
15
Emergency services
3     (1)
A chief officer of police within the meaning of section 101(1) of the Police Act
1996 (c. 16).
      (2)
The Chief Constable of the Police Service of Northern Ireland.
      (3)
The Chief Constable of the British Transport Police Force.
20
4     (1)
A fire authority.
      (2)
In sub-paragraph (1) “fire authority” has the same meaning as it has in the
Fire Services Act 1947 (c. 41) by virtue of—
(a)
section 38(1) of that Act, and
(b)
paragraph 2 of Schedule 11 to the Local Government Act 1985 (c. 51)
25
(London and metropolitan fire and civil defence authorities).
Health
5
A National Health Service trust established under section 5 of the National
Health Service and Community Care Act 1990 (c. 19) if, and in so far as, it has
the function of providing—
30
(a)
ambulance services,
(b)
hospital accommodation and services in relation to accidents and
emergencies, or

Civil Contingencies Bill
Schedule 1 — Category 1 and 2 Responders
Part 2 — Category 1 Responders: Scotland
22

(c)
services in relation to public health in Wales.
6
An NHS foundation trust (within the meaning of section 1 of the Health and
Social Care (Community Health and Standards) Act 2003 (c. 43)) if, and in so
far as, it has the function of providing hospital accommodation and services
in relation to accidents and emergencies.
5
7
A Primary Care Trust established under section 16A of the National Health
Service Act 1977 (c. 49).
8
A Local Health Board established under section 16BA of the National Health
Service Act 1977.
9
The Health Protection Agency (a Special Health Authority established under
10
section 11 of the National Health Service Act 1977).
10
A port health authority constituted under section 2(4) of the Public Health
(Control of Disease) Act 1984 (c. 22).
Miscellaneous
11
The Environment Agency.
15
12
The Secretary of State, in so far as his functions relate to maritime and coastal
matters.
Part 2
Category 1 Responders: Scotland
Local authorities
20
13
A council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994 (c. 39).
Emergency services
14
A chief constable of a police force maintained under the Police (Scotland)
Act 1967 (c. 77).
25
15    (1)
A fire authority.
      (2)
In sub-paragraph (1) “fire authority” means—
(a)
a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994, or
(b)
a joint board constituted under an administration scheme made by
30
virtue of the Local Government (Scotland) Act 1973 (c. 65) or section
36 of the Fire Services Act 1947 (c. 41).
16
The Scottish Ambulance Board.
Health
17
A Health Board constituted under section 2 of the National Health Service
35
(Scotland) Act 1978 (c. 29).

Civil Contingencies Bill
Schedule 1 — Category 1 and 2 Responders
Part 3 — Category 2 Responders: General
23

Miscellaneous
18
The Scottish Environment Protection Agency.
Part 3
Category 2 Responders: General
Utilities
5
19
A person authorised to generate, transmit, distribute or supply electricity by
virtue of a licence or exemption under the Electricity Act 1989 (c. 29).
20
A person authorised to undertake activity in relation to gas by virtue of a
licence, exception or exemption under the Gas Act 1986 (c. 44).
21
A water undertaker or sewerage undertaker appointed under section 6 of
10
the Water Industry Act 1991 (c. 56).
22    (1)
A person who provides a public electronic communications network which
makes telephone services available (whether for spoken communication or
for the transmission of data).
      (2)
In sub-paragraph (1)—
15
(a)
the reference to provision of a network shall be construed in
accordance with section 32(4)(a) and (b) of the Communications Act
2003 (c. 21), and
(b)
“public electronic communications network” shall have the meaning
given by sections 32(1) and 151(1) of that Act.
20
Transport
23
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.
24
A person who provides services in connection with railways in Great
25
Britain—
(a)
without holding a licence under section 8 of that Act, but
(b)
in reliance on Council Directive 95/18/EC on the licensing of
railway undertakings.
25    (1)
Transport for London.
30
      (2)
London Underground Limited (being a subsidiary of Transport for
London).
26
An airport operator, within the meaning of section 82(1) of the Airports Act
1986 (c. 31), in Great Britain.
27
A harbour authority, within the meaning of section 46(1) of the Aviation and
35
Maritime Security Act 1990 (c. 31), in Great Britain.
28
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).

Civil Contingencies Bill
Schedule 1 — Category 1 and 2 Responders
Part 4 — Category 2 Responders: Scotland
24

Health and safety
29
The Health and Safety Executive.
Part 4
Category 2 Responders: Scotland
Utilities
5
30
A person authorised to generate, transmit, distribute or supply electricity by
virtue of a licence or exemption under the Electricity Act 1989 (c. 29) in so far
as such generation, transmission, distribution or supply takes place in
Scotland.
31
A person authorised to undertake activity in relation to gas by virtue of a
10
licence, exception or exemption under the Gas Act 1986 (c. 44) in so far as
such activity is undertaken in Scotland.
32
Scottish Water, established by section 20 of, and Schedule 3 to, the Water
Industry (Scotland) Act 2002 (asp 3).
33    (1)
A person who provides a public electronic communications network which
15
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.
      (2)
In sub-paragraph (1)—
(a)
the reference to provision of a network shall be construed in
20
accordance with section 32(4)(a) and (b) of the Communications Act
2003 (c. 21), and
(b)
“public electronic communications network” shall have the meaning
given by sections 32(1) and 151(1) of that Act.
Transport
25
34
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.
35
A person who provides services in connection with railways—
(a)
without holding a licence under section 8 of that Act, but
(b)
in reliance on Council Directive 95/18/EC on the licensing of
30
railway undertakings,

in so far as such services are provided in Scotland.
36
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.
35
37
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.

Civil Contingencies Bill
Schedule 2 — Minor and Consequential Amendments and Repeals
Part 1 — Amendments and Repeals Consequential on Part 1
25

Health
38
The Common Services Agency established by section 10 of the National
Health Service (Scotland) Act 1978 (c. 29).
Schedule 2
Section 31

Minor and Consequential Amendments and Repeals
5
Part 1
Amendments and Repeals Consequential on Part 1
Civil Defence Act 1939 (c. 31)
1
The Civil Defence Act 1939 shall cease to have effect.
Civil Defence Act (Northern Ireland) 1939 (c. 15 (N.I.))
10
2
The Civil Defence Act (Northern Ireland) 1939 shall cease to have effect.
Civil Defence Act 1948 (c. 5)
3
The Civil Defence Act 1948 shall cease to have effect.
Civil Defence Act (Northern Ireland) 1950 (c. 11 (N.I.))
4
The Civil Defence Act (Northern Ireland) 1950 shall cease to have effect.
15
Defence Contracts Act 1958 (c. 38)
5
In section 6(1) of the Defence Contracts Act 1958 (interpretation, &c.), in the
definition of “defence materials” omit paragraph (b).
Public Expenditure and Receipts Act 1968 (c. 14)
6
Section 4 of the Public Expenditure and Receipts Act 1968 (compensation to
20
civil defence employees for loss of employment, &c.) shall cease to have
effect.
Civil Protection in Peacetime Act 1986 (c. 22)
7
The Civil Protection in Peacetime Act 1986 shall cease to have effect.
Road Traffic Act 1988 (c. 52)
25
8
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).

Civil Contingencies Bill
Schedule 2 — Minor and Consequential Amendments and Repeals
Part 3 — Minor Amendments
26

Metropolitan County Fire and Rescue Authorities
9     (1)
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.
      (2)
So far as necessary or appropriate in consequence of sub-paragraph (1), a
5
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.
      (3)
In the following provisions for “(fire services, civil defence and transport)”
substitute “(fire and rescue services and transport)”—
10
(a)
paragraph 29 of Schedule 1A to the Race Relations Act 1976 (c. 74),
(b)
sections 21(1)(i), 39(1)(g), 67(3)(k) and 152(2)(i) of the Local
Government and Housing Act 1989 (c. 42),
(c)
section 1(10)(d) of the Local Government (Overseas Assistance) Act
1993 (c. 25),
15
(d)
paragraph 19 of Schedule 1 to the Freedom of Information Act 2000
(c. 36), and
(e)
sections 23(1)(k) and 33(1)(j) of the Local Government Act 2003 (c.
26).
Part 2
20
Amendments and Repeals Consequential on Part 2
Emergency Powers Act 1920 (c. 55)
10
The Emergency Powers Act 1920 shall cease to have effect.
Emergency Powers Act (Northern Ireland) 1926 (c. 8)
11
The Emergency Powers Act (Northern Ireland) 1926 shall cease to have
25
effect.
Northern Ireland Act 1998 (c. 47)
12
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”.
30
Part 3
Minor Amendments
Energy Act 1976 (c. 76)
13
After sections 1 to 4 of the Energy Act 1976 (powers to control production

Civil Contingencies Bill
Schedule 3 — Repeals and Revocations
27

and supply of fuel, &c.) insert—
“5     Sections 1 to 4: territorial application
(1)
A power under sections 1 to 4 may be exercised in relation to
anything which is wholly or partly situated in, or to activity wholly
or partly in—
5
(a)
the United Kingdom,
(b)
the territorial sea of the United Kingdom, or
(c)
an area designated under the Continental Shelf Act 1964
(c. 29).
(2)
Subsection (1) is without prejudice to section 2(2)(b).”
10
Schedule 3
Section 31

Repeals and Revocations

Short title and chapter
Repeal or revocation

The Emergency Powers Act
The whole Act.

1920 (c. 55).

15

The Emergency Powers Act
The whole Act.

(Northern Ireland) 1926 (c. 8).

The Air-Raid Precautions Act
The whole Act.

(Northern Ireland) 1938 (c. 26

(N.I.)).

20

The Civil Defence Act 1939
The whole Act.

(c. 31).

The Civil Defence Act
The whole Act.

(Northern Ireland) 1939 (c. 15

(N.I.)).

25

The Civil Defence Act 1948
The whole Act.

(c. 5).

The Civil Defence Act
The whole Act.

(Northern Ireland) 1950 (c. 11

(N.I.)).

30

The Criminal Justice Act
In Schedule 2, the entry relating to the Civil

(Northern Ireland) 1953 (c. 14
Defence Act (Northern Ireland) 1950.

(N.I.)).

The Civil Defence (Armed
Section 1.

Forces) Act 1954 (c. 66).
In section 3(2), “, and the expression

35

“designated Minister” has the same meaning

as in the Civil Defence Act 1948”.

The Defence Contracts Act 1958
In section 6(1), in the definition of “defence

(c. 38).
materials”, paragraph (b).

The Emergency Powers Act
Section 1.

40

1964 (c. 38).