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[As Amended in Standing Committee F] |
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Make provision about civil contingencies. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Local Arrangements for Civil Protection |
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(1) | In this Part “emergency” means an event or situation which threatens serious |
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(a) | human welfare in a place in the United Kingdom, |
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(b) | the environment of a place in the United Kingdom, or |
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(c) | the security of the United Kingdom or of a place in the United |
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(2) | For the purposes of subsection (1)(a) an event or situation threatens damage to |
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human welfare only if it involves, causes or may cause— |
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(b) | human illness or injury, |
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(e) | disruption of a supply of money, food, water, energy or fuel, |
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(f) | disruption of an electronic or other system of communication, |
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(g) | disruption of facilities for transport, or |
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(h) | disruption of services relating to health. |
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(3) | For the purposes of subsection (1)(b) an event or situation threatens damage to |
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the environment only if it involves, causes or may cause— |
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(a) | contamination of land, water or air with— |
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(i) | harmful biological, chemical or radio-active matter, or |
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(c) | disruption or destruction of plant life or animal life. |
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(4) | For the purposes of subsection (1)(c) the following threaten damage to |
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(a) | war or armed conflict, and |
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(b) | terrorism, within the meaning given by section 1 of the Terrorism Act |
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(5) | A Minister of the Crown, or, in relation to Scotland, the Scottish Ministers, may |
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(a) | provide that a specified event or situation, or class of event or situation, |
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is to be treated as falling, or as not falling, within any of paragraphs (a) |
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to (c) of subsection (1); |
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(b) | amend subsection (2) so as to provide that involving or causing |
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disruption of a specified supply, system, facility or service— |
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(i) | is to be treated as threatening damage to human welfare, or |
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(ii) | is no longer to be treated as threatening damage to human |
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(6) | The event or situation mentioned in subsection (1) may occur or be inside or |
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outside the United Kingdom. |
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2 | Duty to assess, plan and advise |
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(1) | A person or body listed in Part 1 or 2 of Schedule 1 shall— |
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(a) | from time to time assess the risk of an emergency occurring, |
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(b) | from time to time assess the risk of an emergency making it necessary |
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or expedient for the person or body to perform any of his or its |
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(c) | maintain plans for the purpose of ensuring, so far as is reasonably |
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practicable, that if an emergency occurs the person or body is able to |
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continue to perform his or its functions, |
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(d) | maintain plans for the purpose of ensuring that if an emergency occurs |
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or is likely to occur the person or body is able to perform his or its |
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functions so far as necessary or desirable for the purpose of— |
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(i) | preventing the emergency, |
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(ii) | reducing, controlling or mitigating its effects, or |
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(iii) | taking other action in connection with it, |
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(e) | consider whether an assessment carried out under paragraph (a) or (b) |
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makes it necessary or expedient for the person or body to add to or |
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modify plans maintained under paragraph (c) or (d), |
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(f) | arrange for the publication of all or part of assessments made and plans |
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maintained under paragraphs (a) to (d) in so far as publication is |
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necessary or desirable for the purpose of— |
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(i) | preventing an emergency, |
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(ii) | reducing, controlling or mitigating the effects of an emergency, |
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(iii) | enabling other action to be taken in connection with an |
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(g) | maintain arrangements to warn the public, and to provide information |
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and advice to the public, if an emergency is likely to occur or has |
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(2) | In relation to a person or body listed in Part 1 or 2 of Schedule 1 a duty in |
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subsection (1) applies in relation to an emergency only if— |
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(a) | the emergency would be likely seriously to obstruct the person or body |
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in the performance of his or its functions, or |
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(b) | it is likely that the person or body— |
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(i) | would consider it necessary or desirable to take action to |
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prevent the emergency, to reduce, control or mitigate its effects |
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or otherwise in connection with it, and |
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(ii) | would be unable to take that action without changing the |
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deployment of resources or acquiring additional resources. |
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(3) | A Minister of the Crown may, in relation to a person or body listed in Part 1 of |
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Schedule 1, make regulations about— |
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(a) | the extent of a duty under subsection (1) (subject to subsection (2)); |
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(b) | the manner in which a duty under subsection (1) is to be performed. |
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(4) | The Scottish Ministers may, in relation to a person or body listed in Part 2 of |
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Schedule 1, make regulations about— |
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(a) | the extent of a duty under subsection (1) (subject to subsection (2)); |
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(b) | the manner in which a duty under subsection (1) is to be performed. |
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(5) | Regulations under subsection (3) may, in particular— |
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(a) | make provision about the kind of emergency in relation to which a |
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specified person or body is or is not to perform a duty under subsection |
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(b) | permit or require a person or body not to perform a duty under |
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subsection (1) in specified circumstances or in relation to specified |
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(c) | make provision as to the timing of performance of a duty under |
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(d) | require a person or body to consult a specified person or body or class |
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of person or body before or in the course of performing a duty under |
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(e) | permit or require a county council to perform a duty under subsection |
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(1) on behalf of a district council within the area of the county council; |
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(f) | permit, require or prohibit collaboration, to such extent and in such |
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manner as may be specified, by persons or bodies in the performance |
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of a duty under subsection (1); |
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(g) | permit, require or prohibit delegation, to such extent and in such |
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manner as may be specified, of the performance of a duty under |
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(h) | permit or require a person or body listed in Part 1 or 3 of Schedule 1 to |
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co-operate, to such extent and in such manner as may be specified, with |
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a person or body listed in Part 1 of the Schedule in connection with the |
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performance of a duty under subsection (1); |
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(i) | require a person or body listed in Part 1 or 3 of Schedule 1 to provide |
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information, either on request or in other specified circumstances, to a |
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person or body listed in Part 1 of the Schedule in connection with the |
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performance of a duty under subsection (1); |
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(j) | permit or require a person or body to perform (wholly or partly) a duty |
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under subsection (1)(a) or (b) having regard to, or by adopting or |
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relying on, work undertaken by another specified person or body; |
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(k) | make provision about the extent of, and the degree of detail to be |
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contained in, a plan maintained under subsection (1)(c) or (d); |
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(l) | require a plan to include provision for the carrying out of exercises; |
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(m) | require a plan to include provision for the training of staff or other |
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(n) | permit a person or body to make arrangements with another person or |
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body, as part of planning undertaken under subsection (1)(c) or (d), for |
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the performance of a function on behalf of the first person or body; |
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(o) | confer a function on a Minister of the Crown, on the Scottish Ministers, |
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on the National Assembly for Wales, on a Northern Ireland department |
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or on any other specified person or body (and a function conferred |
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may, in particular, be a power or duty to exercise a discretion); |
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(p) | make provision which has effect despite other provision made by or by |
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(q) | make provision which applies generally or only to a specified person or |
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body or only in specified circumstances; |
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(r) | make different provision for different persons or bodies or for different |
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(6) | Subsection (5) shall have effect in relation to subsection (4) as it has effect in |
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relation to subsection (3), but as if— |
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(a) | paragraph (e) were omitted, |
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(b) | in paragraphs (h) and (i)— |
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(i) | a reference to Part 1 or 3 of Schedule 1 were a reference to Part |
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2 or 4 of that Schedule, and |
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(ii) | a reference to Part 1 of that Schedule were a reference to Part 2 |
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(c) | in paragraph (o) the references to a Minister of the Crown, to the |
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National Assembly for Wales and to a Northern Ireland department |
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3 | Section 2: supplemental |
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(1) | A Minister of the Crown may issue guidance to a person or body listed in Part |
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1 or 3 of Schedule 1 about the matters specified in section 2(3) and (5). |
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(2) | The Scottish Ministers may issue guidance to a person or body listed in Part 2 |
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or 4 of Schedule 1 about the matters specified in section 2(3) and (5) (as applied |
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(3) | A person or body listed in any Part of Schedule 1 shall— |
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(a) | comply with regulations under section 2(3) or (4), and |
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(b) | have regard to guidance under subsection (1) or (2) above. |
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(4) | A person or body listed in Part 1 or 2 of Schedule 1 may be referred to as a |
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(5) | A person or body listed in Part 3 or 4 of Schedule 1 may be referred to as a |
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4 | Advice and assistance to business |
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(1) | A body specified in paragraph 1, 2 or 13 of Schedule 1 shall provide advice and |
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assistance to the public in connection with the making of arrangements for the |
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continuance of commercial activities by the public in the event of an |
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(2) | A Minister of the Crown may, in relation to a body specified in paragraph 1 or |
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2 of that Schedule, make regulations about— |
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(a) | the extent of the duty under subsection (1); |
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(b) | the manner in which the duty under subsection (1) is to be performed. |
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(3) | The Scottish Ministers may, in relation to a body specified in paragraph 13 of |
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that Schedule, make regulations about— |
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(a) | the extent of the duty under subsection (1); |
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(b) | the manner in which the duty under subsection (1) is to be performed. |
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(4) | Regulations under subsection (2) or (3) may, in particular— |
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(a) | permit a body to make a charge for advice or assistance provided on |
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request under subsection (1); |
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(b) | make provision of a kind permitted to be made by regulations under |
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section 2(5)(a) to (i) and (n) to (r). |
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(5) | Regulations by virtue of subsection (4)(a) must provide that a charge for advice |
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or assistance may not exceed the aggregate of— |
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(a) | the direct costs of providing the advice or assistance, and |
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(b) | a reasonable share of any costs indirectly related to the provision of the |
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(6) | A Minister of the Crown may issue guidance to a body specified in paragraph |
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1 or 2 of that Schedule about the matters specified in subsections (2) and (4). |
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(7) | The Scottish Ministers may issue guidance to a body specified in paragraph 13 |
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of that Schedule about the matters specified in subsections (3) and (4). |
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(a) | comply with regulations under subsection (2) or (3), and |
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(b) | have regard to guidance under subsection (6) or (7). |
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(1) | A Minister of the Crown may by order require a person or body listed in Part |
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1 of Schedule 1 to perform a function of that person or body for the purpose |
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(a) | preventing the occurrence of an emergency, |
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(b) | reducing, controlling or mitigating the effects of an emergency, or |
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(c) | taking other action in connection with an emergency. |
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(2) | The Scottish Ministers may by order require a person or body listed in Part 2 of |
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Schedule 1 to perform a function of that person or body for the purpose of— |
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(a) | preventing the occurrence of an emergency, |
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(b) | reducing, controlling or mitigating the effects of an emergency, or |
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(c) | taking other action in connection with an emergency. |
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(3) | A person or body shall comply with an order under this section. |
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(4) | An order under subsection (1) may— |
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(a) | require a person or body to consult a specified person or body or class |
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(b) | permit, require or prohibit collaboration, to such extent and in such |
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manner as may be specified; |
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(c) | permit, require or prohibit delegation, to such extent and in such |
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manner as may be specified; |
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(d) | permit or require a person or body listed in Part 1 or 3 of Schedule 1 to |
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co-operate, to such extent and in such manner as may be specified, with |
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a person or body listed in Part 1 of the Schedule in connection with a |
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(e) | permit or require a person or body listed in Part 1 or 3 of Schedule 1 to |
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provide information in connection with a duty under the order, |
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whether on request or in other specific circumstances to a person or |
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body listed in Part 1 of the Schedule; |
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(f) | confer a function on a Minister of the Crown, on the Scottish Ministers, |
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on the National Assembly for Wales, on a Northern Ireland department |
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or on any other specified person or body (and a function conferred |
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may, in particular, be a power or duty to exercise a discretion); |
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(g) | make provision which applies generally or only to a specified person or |
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body or only in specified circumstances; |
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(h) | make different provision for different persons or bodies or for different |
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(5) | Subsection (4) shall have effect in relation to subsection (2) as it has effect in |
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relation to subsection (1), but as if— |
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(a) | in paragraphs (d) and (e)— |
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(i) | a reference to Part 1 or 3 of Schedule 1 were a reference to Part |
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2 or 4 of that Schedule, and |
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(ii) | a reference to Part 1 of that Schedule were a reference to Part 2 |
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(b) | in paragraph (f) the references to a Minister of the Crown, to the |
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National Assembly for Wales and to a Northern Ireland department |
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6 | Disclosure of information |
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(1) | A Minister of the Crown may make regulations requiring or permitting one |
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person or body listed in Part 1 or 3 of Schedule 1 (“the provider”) to disclose |
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information on request to another person or body listed in Part 1 or 3 of that |
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Schedule (“the recipient”). |
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(2) | The Scottish Ministers may make regulations requiring or permitting one |
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person or body listed in Part 2 or 4 of Schedule 1 (“the provider”) to disclose |
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information on request to another person or body listed in Part 2 or 4 of that |
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Schedule (“the recipient”). |
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(3) | Regulations under subsection (1) or (2) may be made only in connection with a |
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function of the provider or of the recipient which relates to emergencies. |
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(4) | A Minister of the Crown may issue guidance to a person or body about the |
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performance of functions under regulations made under subsection (1). |
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(5) | The Scottish Ministers may issue guidance to a person or body about the |
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performance of functions under regulations made under subsection (2). |
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(6) | A person or body shall— |
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(a) | comply with regulations under subsection (1) or (2), and |
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(b) | have regard to guidance under subsection (4) or (5). |
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(1) | This section applies where a Minister of the Crown thinks that— |
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(a) | there is an urgent need to make provision of a kind that could be made |
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by regulations under section 2(3), 4(2) or 6(1) or by an order under |
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(b) | there is insufficient time for the regulations or order to be made. |
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(2) | The Minister may by direction make provision of a kind that could be made by |
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regulations under section 2(3), 4(2) or 6(1) or by an order under section 5(1). |
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(3) | A direction under subsection (2) may be written or oral. |
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(4) | Where a Minister gives a direction under subsection (2)— |
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(a) | he may revoke or vary the direction by further direction, |
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(b) | he shall revoke the direction as soon as is reasonably practicable (and |
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he may, if or in so far as he thinks it desirable, re-enact the substance of |
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the direction by way of regulations under section 2(3), 4(2) or 6(1) or by |
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way of an order under section 5(1)), and |
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(c) | the direction shall cease to have effect at the end of the period of 21 days |
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beginning with the day on which it is given (but without prejudice to |
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the power to give a new direction). |
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(5) | Where a Minister gives an oral direction (or further direction) under this |
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section he shall confirm it in writing as soon as is reasonably practicable. |
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(6) | A provision of a direction under subsection (2) shall be treated for all purposes |
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as if it were a provision of regulations under section 2(3), 4(2) or 6(1) or of an |
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order under section 5(1). |
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(1) | This section applies where the Scottish Ministers think that— |
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(a) | there is an urgent need to make provision of a kind that could be made |
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by regulations under section 2(4), 4(3) or 6(2) or by an order under |
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(b) | there is insufficient time for the regulations or order to be made. |
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(2) | The Scottish Ministers may by direction make provision of a kind that could be |
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made by regulations under section 2(4), 4(3) or 6(2) or by an order under |
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