|
| |
|
| |
| |
| “British fishery limits” has the meaning given by the Fishery Limits Act |
| |
| |
| “the continental shelf” means any area designated by Order in Council |
| 5 |
under section 1(7) of the Continental Shelf Act 1964 (c. 29), |
| |
| “emergency” has the meaning given by section 18, |
| |
| |
(a) | an Act of the Scottish Parliament, |
| |
(b) | Northern Ireland legislation, and |
| 10 |
(c) | an instrument made under an Act of the Scottish Parliament or |
| |
under Northern Ireland legislation (as well as an instrument |
| |
| |
| “function” means any power or duty whether conferred by virtue of an |
| |
| 15 |
| “Part” in relation to the United Kingdom has the meaning given by |
| |
| |
| “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), |
| 20 |
(c) | functions of persons holding office under the Crown, |
| |
(d) | functions of the Scottish Ministers, |
| |
(e) | functions of the Northern Ireland Ministers or of the Northern |
| |
| |
(f) | functions of the National Assembly for Wales, |
| 25 |
| “region” has the meaning given by subsection (2), |
| |
| “senior Minister of the Crown” has the meaning given by section 19(3), |
| |
| “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 |
| 30 |
Territorial Sea Act 1987 (c. 49). |
| |
| |
(a) | “Part” in relation to the United Kingdom means— |
| |
| |
| 35 |
| |
| |
(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 |
| 40 |
| |
(i) | any part of the territorial sea that is adjacent to that Part or |
| |
| |
(ii) | any part of the area within British fishery limits that is adjacent |
| |
to the Part or region, and |
| 45 |
(iii) | any part of the continental shelf that is adjacent to the Part or |
| |
| |
(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 |
| |
(c) | an order under section 155(2) of the Government of Wales Act 1998 |
| 5 |
(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. |
| |
| |
| 10 |
31 | Minor and consequential amendments and repeals |
| |
(1) | Schedule 2 (minor and consequential amendments and repeals) shall have |
| |
| |
(2) | The enactments listed in Schedule 3 are hereby repealed or revoked to the |
| |
| 15 |
| |
There shall be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by a Minister of the Crown in connection |
| |
| |
(b) | any increase attributable to this Act in the sums payable under any |
| 20 |
other enactment out of money provided by Parliament. |
| |
| |
(1) | The preceding provisions of this Act shall come into force in accordance with |
| |
provision made by a Minister of the Crown by order. |
| |
(2) | But the following provisions of this Act shall come into force in accordance |
| 25 |
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), |
| |
| |
(c) | a provision of section 2, 3, 4, 5, 6, 9, 13 or 16 in so far as it relates to a |
| 30 |
provision specified in paragraph (b) above. |
| |
(3) | An order under subsection (1) or (2)— |
| |
(a) | may make provision generally or for specific purposes only, |
| |
(b) | may make different provision for different purposes, |
| |
(c) | may make incidental, consequential or transitional provision, and |
| 35 |
(d) | shall be made by statutory instrument. |
| |
| |
| |
| |
| 40 |
|
| |
|
| |
|
| |
| |
| |
Category 1 and 2 Responders |
| |
| |
Category 1 Responders: General |
| 5 |
| |
1 | In relation to England— |
| |
| |
| |
(c) | a London borough council, |
| 10 |
(d) | the Common Council of the City of London, and |
| |
(e) | the Council of the Isles of Scilly. |
| |
| |
(a) | a county council, and |
| |
(b) | a county borough council. |
| 15 |
| |
3 (1) | A chief officer of police within the meaning of section 101(1) of the Police Act |
| |
| |
(2) | The Chief Constable of the Police Service of Northern Ireland. |
| |
(3) | The Chief Constable of the British Transport Police Force. |
| 20 |
| |
(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). |
| |
| |
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 |
| |
(b) | hospital accommodation and services in relation to accidents and |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
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). |
| |
| |
11 | The Environment Agency. |
| 15 |
12 | The Secretary of State, in so far as his functions relate to maritime and coastal |
| |
| |
| |
Category 1 Responders: Scotland |
| |
| 20 |
13 | A council constituted under section 2 of the Local Government etc. |
| |
(Scotland) Act 1994 (c. 39). |
| |
| |
14 | A chief constable of a police force maintained under the Police (Scotland) |
| |
| 25 |
| |
(2) | In sub-paragraph (1) “fire authority” means— |
| |
(a) | a council constituted under section 2 of the Local Government etc. |
| |
| |
(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 Service Board. |
| |
| |
17 | A Health Board constituted under section 2 of the National Health Service |
| 35 |
(Scotland) Act 1978 (c. 29). |
| |
|
| |
|
| |
|
| |
18 | The Scottish Environment Protection Agency. |
| |
| |
Category 2 Responders: General |
| |
| 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 |
| |
| |
(b) | “public electronic communications network” shall have the meaning |
| |
given by sections 32(1) and 151(1) of that Act. |
| 20 |
| |
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 |
| |
| |
24 | A person who provides services in connection with railways in Great |
| 25 |
| |
(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 |
| |
| |
25 (1) | Transport for London. |
| 30 |
(2) | London Underground Limited (being a subsidiary of Transport for |
| |
| |
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) |
| |
| |
|
| |
|
| |
|
| |
29 | The Health and Safety Executive. |
| |
| |
Category 2 Responders: Scotland |
| |
| 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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(b) | “public electronic communications network” shall have the meaning |
| |
given by sections 32(1) and 151(1) of that Act. |
| |
| 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 |
| |
| 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 |
| |
| 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. |
| |
| |
38 | The Common Services Agency established by section 10 of the National |
| 40 |
Health Service (Scotland) Act 1978 (c. 29). |
| |
|
| |
|