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Session 2003 - 04
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Other Bills before Parliament

Civil Contingencies Bill


Civil Contingencies Bill
Part 2 — Emergency powers

19

 

30      

Interpretation

(1)   

In this Part—

   

“British fishery limits” has the meaning given by the Fishery Limits Act

1976 (c. 86),

   

“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,

   

“enactment” includes—

(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

made under an Act),

   

“function” means any power or duty whether conferred by virtue of an

enactment or otherwise,

15

   

“Part” in relation to the United Kingdom has the meaning given by

subsection (2),

   

“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

Ireland departments, and

(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).

(2)   

In this Part—

(a)   

“Part” in relation to the United Kingdom means—

(i)   

England,

(ii)   

Northern Ireland,

35

(iii)   

Scotland, and

(iv)   

Wales,

(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

reference to—

(i)   

any part of the territorial sea that is adjacent to that Part or

region,

(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

region.

(3)   

The following shall have effect for the purpose of subsection (2)—

 

 

Civil Contingencies Bill
Part 3 — General

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(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.

Part 3

General

10

31      

Minor and consequential amendments and repeals

(1)   

Schedule 2 (minor and consequential amendments and repeals) shall have

effect.

(2)   

The enactments listed in Schedule 3 are hereby repealed or revoked to the

extent specified.

15

32      

Money

There shall be paid out of money provided by Parliament—

(a)   

any expenditure incurred by a Minister of the Crown in connection

with this Act, and

(b)   

any increase attributable to this Act in the sums payable under any

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other enactment out of money provided by Parliament.

33      

Commencement

(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),

11, 13(2), 14(2), 16(3) and (5), and

(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

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(d)   

shall be made by statutory instrument.

34      

Extent

(1)   

This Act extends to—

(a)   

England and Wales,

(b)   

Scotland, and

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Civil Contingencies Bill
Part 3 — General

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(c)   

Northern Ireland.

(2)   

But where this Act amends or repeals an enactment or a provision of an

enactment, the amendment or repeal has the same extent as the enactment or

provision.

35      

Short title

5

This Act may be cited as the Civil Contingencies Act 2004.

 

 

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

 

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

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(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

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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.

Health

17         

A Health Board constituted under section 2 of the National Health Service

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(Scotland) Act 1978 (c. 29).

 

 

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

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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.

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      (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

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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

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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.

Health

38         

The Common Services Agency established by section 10 of the National

40

Health Service (Scotland) Act 1978 (c. 29).

 

 

 
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