Civil Contingencies Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Civil Contingencies Bill

Civil Contingencies Bill
Part 1 — Local Arrangements for Civil Protection
1

A
Bill
[As Amended in Standing Committee F]
To
Make provision about civil contingencies.
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:—
Part 1
Local Arrangements for Civil Protection
Introductory
1
Meaning of “emergency”
(1)
In this Part “emergency” means an event or situation which threatens serious
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damage to—
(a)
human welfare in a place in the United Kingdom,
(b)
the environment of a place in the United Kingdom, or
(c)
the security of the United Kingdom or of a place in the United
Kingdom.
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(2)
For the purposes of subsection (1)(a) an event or situation threatens damage to
human welfare only if it involves, causes or may cause—
(a)
loss of human life,
(b)
human illness or injury,
(c)
homelessness,
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(d)
damage to property,
(e)
disruption of a supply of money, food, water, energy or fuel,
(f)
disruption of an electronic or other system of communication,
(g)
disruption of facilities for transport, or
(h)
disruption of services relating to health.
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Civil Contingencies Bill
Part 1 — Local Arrangements for Civil Protection
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(3)
For the purposes of subsection (1)(b) an event or situation threatens damage to
the environment only if it involves, causes or may cause—
(a)
contamination of land, water or air with—
(i)
harmful biological, chemical or radio-active matter, or
(ii)
oil,
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(b)
flooding, or
(c)
disruption or destruction of plant life or animal life.
(4)
For the purposes of subsection (1)(c) the following threaten damage to
security—
(a)
war or armed conflict, and
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(b)
terrorism, within the meaning given by section 1 of the Terrorism Act
2000 (c. 11).
(5)
A Minister of the Crown, or, in relation to Scotland, the Scottish Ministers, may
by order—
(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)
to (c) of subsection (1);
(b)
amend subsection (2) so as to provide that involving or causing
disruption of a specified supply, system, facility or service—
(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
welfare.
(6)
The event or situation mentioned in subsection (1) may occur or be inside or
outside the United Kingdom.
Contingency planning
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2
Duty to assess, plan and advise
(1)
A person or body listed in Part 1 or 2 of Schedule 1 shall—
(a)
from time to time assess the risk of an emergency occurring,
(b)
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
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functions,
(c)
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,
(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
functions so far as necessary or desirable for the purpose of—
(i)
preventing the emergency,
(ii)
reducing, controlling or mitigating its effects, or
(iii)
taking other action in connection with it,
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(e)
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),
(f)
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
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necessary or desirable for the purpose of—

Civil Contingencies Bill
Part 1 — Local Arrangements for Civil Protection
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(i)
preventing an emergency,
(ii)
reducing, controlling or mitigating the effects of an emergency,
or
(iii)
enabling other action to be taken in connection with an
emergency, and
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(g)
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.
(2)
In relation to a person or body listed in Part 1 or 2 of Schedule 1 a duty in
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
in the performance of his or its functions, or
(b)
it is likely that the person or body—
(i)
would consider it necessary or desirable to take action to
prevent the emergency, to reduce, control or mitigate its effects
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or otherwise in connection with it, and
(ii)
would be unable to take that action without changing the
deployment of resources or acquiring additional resources.
(3)
A Minister of the Crown may, in relation to a person or body listed in Part 1 of
Schedule 1, make regulations about—
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(a)
the extent of a duty under subsection (1) (subject to subsection (2));
(b)
the manner in which a duty under subsection (1) is to be performed.
(4)
The Scottish Ministers may, in relation to a person or body listed in Part 2 of
Schedule 1, make regulations about—
(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.
(5)
Regulations under subsection (3) may, in particular—
(a)
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);
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(b)
permit or require a person or body not to perform a duty under
subsection (1) in specified circumstances or in relation to specified
matters;
(c)
make provision as to the timing of performance of a duty under
subsection (1);
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(d)
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);
(e)
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;
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(f)
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);
(g)
permit, require or prohibit delegation, to such extent and in such
manner as may be specified, of the performance of a duty under
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subsection (1);
(h)
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

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Part 1 — Local Arrangements for Civil Protection
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a person or body listed in Part 1 of the Schedule in connection with the
performance of a duty under subsection (1);
(i)
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
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performance of a duty under subsection (1);
(j)
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;
(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);
(l)
require a plan to include provision for the carrying out of exercises;
(m)
require a plan to include provision for the training of staff or other
persons;
(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
the performance of a function on behalf of the first person or body;
(o)
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
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may, in particular, be a power or duty to exercise a discretion);
(p)
make provision which has effect despite other provision made by or by
virtue of an enactment;
(q)
make provision which applies generally or only to a specified person or
body or only in specified circumstances;
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(r)
make different provision for different persons or bodies or for different
circumstances.
(6)
Subsection (5) shall have effect in relation to subsection (4) as it has effect in
relation to subsection (3), but as if—
(a)
paragraph (e) were omitted,
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(b)
in paragraphs (h) and (i)—
(i)
a reference to Part 1 or 3 of Schedule 1 were a reference to Part
2 or 4 of that Schedule, and
(ii)
a reference to Part 1 of that Schedule were a reference to Part 2
of that Schedule, and
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(c)
in paragraph (o) the references to a Minister of the Crown, to the
National Assembly for Wales and to a Northern Ireland department
were omitted.
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Section 2: supplemental
(1)
A Minister of the Crown may issue guidance to a person or body listed in Part
40
1 or 3 of Schedule 1 about the matters specified in section 2(3) and (5).
(2)
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(3) and (5) (as applied
by section 2(6)).
(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
(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
“Category 1 responder”.
(5)
A person or body listed in Part 3 or 4 of Schedule 1 may be referred to as a
“Category 2 responder”.
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Advice and assistance to business
5
(1)
A body specified in paragraph 1, 2 or 13 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 in the event of an
emergency.
(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—
(a)
the extent of the duty under subsection (1);
(b)
the manner in which the duty under subsection (1) is to be performed.
(3)
The Scottish Ministers may, in relation to a body specified in paragraph 13 of
that Schedule, make regulations about—
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(a)
the extent of the duty under subsection (1);
(b)
the manner in which the duty under subsection (1) is to be performed.
(4)
Regulations under subsection (2) or (3) may, in particular—
(a)
permit a body to make a charge for advice or assistance provided on
request under subsection (1);
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(b)
make provision of a kind permitted to be made by regulations under
section 2(5)(a) to (i) and (n) to (r).
(5)
Regulations by virtue of subsection (4)(a) must provide that a charge for advice
or assistance may not exceed the aggregate of—
(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
advice or assistance.
(6)
A Minister of the Crown may issue guidance to a body specified in paragraph
1 or 2 of that Schedule about the matters specified in subsections (2) and (4).
(7)
The Scottish Ministers may issue guidance to a body specified in paragraph 13
30
of that Schedule about the matters specified in subsections (3) and (4).
(8)
A body shall—
(a)
comply with regulations under subsection (2) or (3), and
(b)
have regard to guidance under subsection (6) or (7).
Civil protection
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5
General measures
(1)
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—
(a)
preventing the occurrence of an emergency,
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(b)
reducing, controlling or mitigating the effects of an emergency, or
(c)
taking other action in connection with an emergency.

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Part 1 — Local Arrangements for Civil Protection
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(2)
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—
(a)
preventing the occurrence of an emergency,
(b)
reducing, controlling or mitigating the effects of an emergency, or
(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.
(4)
An order under subsection (1) may—
(a)
require a person or body to consult a specified person or body or class
of person or body;
(b)
permit, require or prohibit collaboration, to such extent and in such
10
manner as may be specified;
(c)
permit, require or prohibit delegation, to such extent and in such
manner as may be specified;
(d)
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
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a person or body listed in Part 1 of the Schedule in connection with a
duty under the order;
(e)
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
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body listed in Part 1 of the Schedule;
(f)
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);
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(g)
make provision which applies generally or only to a specified person or
body or only in specified circumstances;
(h)
make different provision for different persons or bodies or for different
circumstances.
(5)
Subsection (4) shall have effect in relation to subsection (2) as it has effect in
30
relation to subsection (1), but as if—
(a)
in paragraphs (d) and (e)—
(i)
a reference to Part 1 or 3 of Schedule 1 were a reference to Part
2 or 4 of that Schedule, and
(ii)
a reference to Part 1 of that Schedule were a reference to Part 2
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of that Schedule, and
(b)
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.
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Disclosure of information
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(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 Part 1 or 3 of that
Schedule (“the recipient”).
(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
information on request to another person or body listed in Part 2 or 4 of that
Schedule (“the recipient”).

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(3)
Regulations under subsection (1) or (2) may be made only in connection with a
function of the provider or of the recipient which relates to emergencies.
(4)
A Minister of the Crown may issue guidance to a person or body about the
performance of functions under regulations made under subsection (1).
(5)
The Scottish Ministers may issue guidance to a person or body about the
5
performance of functions under regulations made under subsection (2).
(6)
A person or body shall—
(a)
comply with regulations under subsection (1) or (2), and
(b)
have regard to guidance under subsection (4) or (5).
General
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Urgency
(1)
This section applies where a Minister of the Crown thinks that—
(a)
there is an urgent need to make provision of a kind that could be made
by regulations under section 2(3), 4(2) or 6(1) or by an order under
section 5(1), but
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(b)
there is insufficient time for the regulations or order to be made.
(2)
The Minister may by direction make provision of a kind that could be made by
regulations under section 2(3), 4(2) or 6(1) or by an order under section 5(1).
(3)
A direction under subsection (2) may be written or oral.
(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,
(b)
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 regulations under section 2(3), 4(2) or 6(1) or by
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
beginning with the day on which it is given (but without prejudice to
the power to give a new direction).
(5)
Where a Minister gives an oral direction (or further direction) under this
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
as if it were a provision of regulations under section 2(3), 4(2) or 6(1) or of an
order under section 5(1).
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Urgency: Scotland
(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
by regulations under section 2(4), 4(3) or 6(2) or by an order under
section 5(2), but
(b)
there is insufficient time for the regulations or order to be made.
(2)
The Scottish Ministers may by direction make provision of a kind that could be
40
made by regulations under section 2(4), 4(3) or 6(2) or by an order under
section 5(2).