|
| |
| |
(j) | disapply or modify an enactment (other than a provision of this Part) or |
| |
a provision made under or by virtue of an enactment; |
| |
(k) | require a person or body to act in performance of a function (whether |
| |
the function is conferred by the regulations or otherwise and whether |
| |
or not the regulations also make provision for remuneration or |
| 5 |
| |
(l) | enable the Defence Council to authorise the deployment of Her |
| |
| |
(m) | make provision (which may include conferring powers in relation to |
| |
property) for facilitating any deployment of Her Majesty’s armed |
| 10 |
| |
(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, |
| 15 |
(ii) | an area within British fishery limits, or |
| |
(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. |
| 20 |
(4) | In subsection (3) “specified” means specified by, or to be specified in |
| |
accordance with, the regulations. |
| |
22 | Limitations of emergency regulations |
| |
(1) | Emergency regulations may make provision only if and in so far as the person |
| |
making the regulations thinks— |
| 25 |
(a) | that the provision is for the purpose of preventing, controlling or |
| |
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 |
| |
| 30 |
(2) | Emergency regulations must specify the Parts of the United Kingdom or |
| |
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 |
| |
| 35 |
(b) | prohibit or enable the prohibition of participation in, or any activity in |
| |
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 |
| 40 |
magistrates’ court or, in Scotland, before a sheriff under summary |
| |
| |
(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 |
| 45 |
(d) | alter procedure in relation to criminal proceedings. |
| |
| |
| |
|
| |
| |
23 | Regional and Emergency Coordinators |
| |
(1) | Emergency regulations must require a senior Minister of the Crown to |
| |
| |
(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 |
| 5 |
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. |
| |
(2) | Provision made in accordance with subsection (1) may, in particular, include |
| |
provision about the coordinator’s— |
| 10 |
(a) | terms of appointment, |
| |
(b) | conditions of service (including remuneration), and |
| |
| |
(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 |
| 15 |
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 |
| |
(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 |
| 20 |
enjoying any status, immunity or privilege of the Crown. |
| |
24 | Establishment of tribunal |
| |
(1) | Emergency regulations which establish a tribunal may not be made unless a |
| |
senior Minister of the Crown has consulted the Council on Tribunals. |
| |
| 25 |
(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 |
| |
consented to the establishment of the Tribunal, and |
| |
(c) | a failure to satisfy subsection (1) shall not affect the validity of |
| 30 |
| |
(3) | Where the Council on Tribunals are consulted by a senior Minister of the |
| |
Crown under subsection (1)— |
| |
(a) | the Council shall make a report to the Minister, and |
| |
(b) | the Minister shall not make the emergency regulations to which the |
| 35 |
consultation relates before receiving the Council’s report. |
| |
| |
(a) | a senior Minister of the Crown may disapply subsection (3)(b) if he |
| |
thinks it necessary by reason of urgency, and |
| |
(b) | a failure to comply with subsection (3)(b) shall not affect the validity of |
| 40 |
| |
(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 |
| |
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. |
| |
(6) | Where a senior Minister of the Crown makes emergency regulations without |
| 5 |
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 |
| |
(c) | subsection (5) shall apply (with any necessary modifications). |
| 10 |
| |
(1) | Emergency regulations shall lapse— |
| |
(a) | at the end of the period of 30 days beginning with the date on which |
| |
| |
(b) | at such earlier time as may be specified in the regulations. |
| 15 |
| |
(a) | shall not prevent the making of new regulations, and |
| |
(b) | shall not affect anything done by virtue of the regulations before they |
| |
| |
26 | Parliamentary scrutiny |
| 20 |
(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 |
| |
beginning with the date of laying unless during that period each House |
| 25 |
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 |
| |
| 30 |
(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). |
| |
(3) | If each House of Parliament passes a resolution that emergency regulations |
| 35 |
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 |
| |
| |
(b) | if no time is specified in the resolutions, the beginning of the day after |
| 40 |
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 |
| |
| |
(4) | Nothing in this section— |
| |
(a) | shall prevent the making of new regulations, or |
| 45 |
| |
| |
|
| |
| |
(b) | shall affect anything done by virtue of regulations before they lapse, |
| |
cease to have effect or are amended under this section. |
| |
27 | 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 |
| 5 |
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 |
| |
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 |
| 10 |
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. |
| |
(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 |
| 15 |
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 |
| |
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. |
| 20 |
28 | Consultation with devolved administrations |
| |
(1) | Emergency regulations which relate wholly or partly to Scotland may not be |
| |
made unless a senior Minister of the Crown has consulted the Scottish |
| |
| |
(2) | Emergency regulations which relate wholly or partly to Northern Ireland may |
| 25 |
not be made unless a senior Minister of the Crown has consulted the First |
| |
Minister and deputy First Minister. |
| |
(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 |
| |
| 30 |
| |
(a) | a senior Minister of the Crown may disapply a requirement to consult |
| |
if he thinks it necessary by reason of urgency, and |
| |
(b) | a failure to satisfy a requirement to consult shall not affect the validity |
| |
| 35 |
| |
(1) | Emergency regulations shall be made by statutory instrument (whether or not |
| |
made by Order in Council). |
| |
(2) | Emergency regulations shall be treated for the purposes of the Human Rights |
| |
Act 1998 (c. 42) as subordinate legislation and not primary legislation (whether |
| 40 |
or not they amend primary legislation). |
| |
| |
| |
|
