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Civil Contingencies Bill


Civil Contingencies Bill
Part 1 — Local Arrangements for Civil Protection

8

 

(3)   

A direction under subsection (2) may be written or oral.

(4)   

Where the Scottish Ministers give a direction under subsection (2)—

(a)   

they may revoke or vary the direction by further direction,

(b)   

they shall revoke the direction as soon as is reasonably practicable (and

they may, if or in so far as they think it desirable, re-enact the substance

5

of the direction by way of regulations under section 2(4), 4(3) or 6(2) or

by way of an order under section 5(2)), and

(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).

10

(5)   

Where the Scottish Ministers give an oral direction (or further direction) under

this section they shall confirm it in writing as soon as is reasonably practicable.

(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(4), 4(3) or 6(2) or of an

order under section 5(2).

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9       

Monitoring by Government

(1)   

A Minister of the Crown may require a person or body listed in Part 1 or 3 of

Schedule 1

(a)   

to provide information about action taken by the person or body for the

purpose of complying with a duty under this Part, or

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(b)   

to explain why the person or body has not taken action for the purpose

of complying with a duty under this Part.

(2)   

The Scottish Ministers may require a person or body listed in Part 2 or 4 of

Schedule 1

(a)   

to provide information about action taken by the person or body for the

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purpose of complying with a duty under this Part, or

(b)   

to explain why the person or body has not taken action for the purpose

of complying with a duty under this Part.

(3)   

A requirement under subsection (1) or (2) may specify—

(a)   

a period within which the information or explanation is to be provided;

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(b)   

the form in which the information or explanation is to be provided.

(4)   

A person or body shall comply with a requirement under subsection (1) or (2).

10      

Enforcement

(1)   

Any of the following may bring proceedings in the High Court or the Court of

Session in respect of a failure by a person or body listed in Part 1 or 3 of

35

Schedule 1 to comply with section 2(1), 3(3), 4(1) or (8), 5(3), 6(6) or 9(4)—

(a)   

a Minister of the Crown,

(b)   

a person or body listed in Part 1 of Schedule 1, and

(c)   

a person or body listed in Part 3 of Schedule 1.

(2)   

In proceedings under subsection (1) the High Court or the Court of Session

40

may grant any relief, or make any order, that it thinks appropriate.

 

 

Civil Contingencies Bill
Part 1 — Local Arrangements for Civil Protection

9

 

11      

Enforcement: Scotland

(1)   

Any of the following may bring proceedings in the Court of Session in respect

of a failure by a person or body listed in Part 2 or 4 of Schedule 1 to comply with

section 2(1), 3(3), 4(1) or (8), 5(3), 6(6) or 9(4)—

(a)   

the Scottish Ministers,

5

(b)   

a person or body listed in Part 2 of Schedule 1, and

(c)   

a person or body listed in Part 4 of Schedule 1.

(2)   

In proceedings under subsection (1) the Court of Session may grant any

remedy, or make any order, that it thinks appropriate.

12      

Provision of information

10

Regulations of the kind described in section 2(5)(i) or 6(1) or (2), or an order

under section 5(4)(e), may, in particular, include provision about—

(a)   

timing;

(b)   

the form in which information is provided;

(c)   

the use to which information may be put;

15

(d)   

storage of information;

(e)   

disposal of information.

13      

Amendment of lists of responders

(1)   

A Minister of the Crown may by order amend Schedule 1 so as to—

(a)   

add an entry to Part 1 or 3;

20

(b)   

remove an entry from Part 1 or 3;

(c)   

move an entry from Part 1 to Part 3 or vice versa.

(2)   

The Scottish Ministers may by order amend Schedule 1 so as to—

(a)   

add an entry to Part 2 or 4;

(b)   

remove an entry from Part 2 or 4;

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(c)   

move an entry from Part 2 to Part 4 or vice versa.

(3)   

An order under subsection (1) or (2)—

(a)   

may add, remove or move an entry either generally or only in relation

to specified functions of a person or body, and

(b)   

may make incidental, transitional or consequential provision (which

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may include provision amending this Act or another enactment).

14      

Scotland: consultation

(1)   

A Minister of the Crown shall consult the Scottish Ministers before making

regulations or an order under this Part in relation to a person or body if or in

so far as the person or body—

35

(a)   

is listed in Part 1 or 3 of Schedule 1, and

(b)   

exercises functions in relation to Scotland.

(2)   

A Minister of the Crown shall consult the Scottish Ministers before making an

order under section 13(1)(a) adding an entry which relates wholly or partly to

a person or body exercising functions in relation to Scotland.

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(3)   

The Scottish Ministers shall consult a Minister of the Crown before making—

 

 

Civil Contingencies Bill
Part 1 — Local Arrangements for Civil Protection

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(a)   

regulations under this Part in relation to a person or body specified in

a provision of Part 2 or 4 of Schedule 1, or

(b)   

an order under this Part.

15      

National Assembly for Wales

(1)   

A Minister of the Crown shall consult the National Assembly for Wales

5

before—

(a)   

making regulations under section 2(3), 4(2) or 6(1) which relate wholly

or partly to Wales,

(b)   

issuing guidance under section 3(1), 4(6) or 6(4) which relates wholly or

partly to Wales,

10

(c)   

giving an order under section 5(1) which relates wholly or partly to

Wales,

(d)   

giving a direction under section 7(2) which makes provision relating

wholly or partly to Wales of a kind that could be made by regulations

under section 2(3), 4(2) or 6(1),

15

(e)   

giving a direction under section 7(2) which makes provision relating

wholly or partly to Wales of a kind that could be made by an order

under section 5(1),

(f)   

bringing proceedings under section 10 in respect of a failure by a

person or body where the failure relates wholly or partly to Wales, or

20

(g)   

making an order under section 13(1) in respect of a person or body

with, or in so far as the person or body has, functions in relation to

Wales.

(2)   

A Minister of the Crown may not without the consent of the National

Assembly for Wales take action of a kind specified in subsection (3) that relates

25

wholly or partly to a person or body specified in subsection (4).

(3)   

The actions referred to in subsection (2) are—

(a)   

making regulations under section 2(3), 4(2) or 6(1),

(b)   

making an order under section 5(1),

(c)   

issuing guidance under section 3(1), 4(6) or 6(4),

30

(d)   

giving a direction under section 7,

(e)   

bringing proceedings under section 10, and

(f)   

making an order under section 13.

(4)   

The persons and bodies referred to in subsection (2) are—

(a)   

a council specified in paragraph 2 of Schedule 1, and

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(b)   

a person or body specified in paragraph 5, 8, 9, 10, 11 or 21 of that

Schedule, if and in so far as the person or body has functions in relation

to Wales.

16      

Regulations and orders

(1)   

Regulations and orders under this Part shall be made by statutory instrument.

40

(2)   

An order under section 1(5), 5(1) or 13(1) may not be made by a Minister of the

Crown unless a draft has been laid before and approved by resolution of each

House of Parliament.

 

 

Civil Contingencies Bill
Part 2 — Emergency powers

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(3)   

An order under section 1(5), 5(2) or 13(2) may not be made by the Scottish

Ministers unless a draft has been laid before and approved by resolution of the

Scottish Parliament.

(4)   

Regulations made by a Minister of the Crown under this Part shall be subject

to annulment in pursuance of a resolution of either House of Parliament.

5

(5)   

Regulations made by the Scottish Ministers under this Part shall be subject to

annulment in pursuance of a resolution of the Scottish Parliament.

(6)   

Regulations or an order under this Part—

(a)   

may make provision which applies generally or only in specified

circumstances or for a specified purpose,

10

(b)   

may make different provision for different circumstances or purposes,

and

(c)   

may make incidental, consequential or transitional provision.

17      

Interpretation, &c.

(1)   

In this Part—

15

   

“enactment” includes—

(a)   

an Act of the Scottish Parliament,

(b)   

Northern Ireland legislation, and

(c)   

an instrument made under an Act of the Scottish Parliament or

under Northern Ireland legislation (as well as an instrument

20

made under an Act), and

   

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

enactment or otherwise.

(2)   

In this Part a reference to the United Kingdom includes a reference to the

territorial sea of the United Kingdom.

25

(3)   

Except in a case of contradiction, nothing in or done under this Part shall

impliedly repeal or revoke a provision of or made under another enactment.

Part 2

Emergency powers

18      

Meaning of “emergency”

30

(1)   

In this Part “emergency” means an event or situation which threatens serious

damage to—

(a)   

human welfare in the United Kingdom or in a Part or region,

(b)   

the environment of the United Kingdom or of a Part or region, or

(c)   

the security of the United Kingdom or a Part or region.

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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,

 

 

Civil Contingencies Bill
Part 2 — Emergency powers

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(f)   

disruption of an electronic or other system of communication,

(g)   

disruption of facilities for transport, or

(h)   

disruption of services relating to health.

(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—

5

(a)   

contamination of land, water or air with—

(i)   

harmful biological, chemical or radio-active matter, or

(ii)   

oil,

(b)   

flooding, or

(c)   

disruption or destruction of plant life or animal life.

10

(4)   

For the purposes of subsection (1)(c) the following threaten damage to

security—

(a)   

war or armed conflict, and

(b)   

terrorism, within the meaning given by section 1 of the Terrorism Act

2000 (c. 11).

15

(5)   

The Secretary of State may by order—

(a)   

provide that a specified event or situation, or class of event or situation,

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

20

disruption of a specified supply, system, facility or service—

(i)   

is to be treated as threatening damage to human welfare, or

(ii)   

is no longer to be treated as threatening damage to human

welfare.

(6)   

An order under subsection (5)—

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(a)   

may make consequential amendment of this Part, and

(b)   

may not be made unless a draft has been laid before, and approved by

resolution of, each House of Parliament.

(7)   

The event or situation mentioned in subsection (1) may occur or be inside or

outside the United Kingdom.

30

19      

Power to make emergency regulations

(1)   

Her Majesty may by Order in Council make emergency regulations if satisfied

that the conditions in section 20 are satisfied.

(2)   

A senior Minister of the Crown may make emergency regulations if satisfied—

(a)   

that the conditions in section 20 are satisfied, and

35

(b)   

that it would not be possible, without serious delay, to arrange for an

Order in Council under subsection (1).

(3)   

In this Part “senior Minister of the Crown” means—

(a)   

the First Lord of the Treasury (the Prime Minister),

(b)   

any of Her Majesty’s Principal Secretaries of State, and

40

(c)   

the Commissioners of Her Majesty’s Treasury.

(4)   

In this Part “serious delay” means a delay that might—

(a)   

cause serious damage, or

 

 

Civil Contingencies Bill
Part 2 — Emergency powers

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(b)   

seriously obstruct the prevention, control or mitigation of serious

damage.

(5)   

Regulations under this section must be prefaced by a statement by the person

making the regulations—

(a)   

specifying the nature of the emergency in respect of which the

5

regulations are made, and

(b)   

declaring that the person making the regulations—

(i)   

is satisfied that the conditions in section 20 are met,

(ii)   

is satisfied that the regulations contain only provision which is

for the purpose of preventing, controlling or mitigating an

10

aspect or effect of the emergency in respect of which the

regulations are made,

(iii)   

is satisfied that the effect of the regulations is in due proportion

to that aspect or effect of the emergency, and

(iv)   

in the case of regulations made under subsection (2), is satisfied

15

as to the matter specified in subsection (2)(b).

20      

Conditions for making emergency regulations

(1)   

This section specifies the conditions mentioned in section 19.

(2)   

The first condition is that an emergency has occurred, is occurring or is about

to occur.

20

(3)   

The second condition is that it is necessary to make provision for the purpose

of preventing, controlling or mitigating an aspect or effect of the emergency.

(4)   

The third condition is that the need for provision referred to in subsection (3)

is urgent.

(5)   

For the purpose of subsection (3) provision which is the same as an enactment

25

(“the existing legislation”) is necessary if, in particular—

(a)   

the existing legislation cannot be relied upon without the risk of serious

delay,

(b)   

it is not possible without the risk of serious delay to ascertain whether

the existing legislation can be relied upon, or

30

(c)   

the existing legislation might be insufficiently effective.

(6)   

For the purpose of subsection (3) provision which could be made under an

enactment other than section 19 (“the existing legislation”) is necessary if, in

particular—

(a)   

the provision cannot be made under the existing legislation without the

35

risk of serious delay,

(b)   

it is not possible without the risk of serious delay to ascertain whether

the provision can be made under the existing legislation, or

(c)   

the provision might be insufficiently effective if made under the

existing legislation.

40

21      

Scope of emergency regulations

(1)   

Emergency regulations may make any provision which the person making the

regulations thinks is for the purpose of preventing, controlling or mitigating an

aspect or effect of the emergency in respect of which the regulations are made.

 

 

Civil Contingencies Bill
Part 2 — Emergency powers

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(2)   

In particular, emergency regulations may make any provision which the

person making the regulations thinks is for the purpose of—

(a)   

protecting human life, health or safety,

(b)   

treating human illness or injury,

(c)   

protecting or restoring property,

5

(d)   

protecting or restoring a supply of money, food, water, energy or fuel,

(e)   

protecting or restoring an electronic or other system of communication,

(f)   

protecting or restoring facilities for transport,

(g)   

protecting or restoring the provision of services relating to health,

(h)   

protecting or restoring the activities of banks or other financial

10

institutions,

(i)   

preventing, containing or reducing the contamination of land, water or

air,

(j)   

preventing, or mitigating the effects of, flooding,

(k)   

preventing, reducing or mitigating the effects of disruption or

15

destruction of plant life or animal life,

(l)   

protecting or restoring activities of Her Majesty’s Government,

(m)   

protecting or restoring activities of Parliament, of the Scottish

Parliament, of the Northern Ireland Assembly or of the National

Assembly for Wales, or

20

(n)   

protecting or restoring the performance of public functions.

(3)   

Emergency regulations may make provision of any kind that could be made by

Act of Parliament or by the exercise of the Royal Prerogative; in particular,

regulations may—

(a)   

confer a function on a Minister of the Crown, on the Scottish Ministers,

25

on the National Assembly for Wales, on a Northern Ireland

department, on a coordinator appointed under section 23 or on any

other specified person (and a function conferred may, in particular,

be—

(i)   

a power, or duty, to exercise a discretion;

30

(ii)   

a power to give directions or orders, whether written or oral);

(b)   

provide for or enable the requisition or confiscation of property (with

or without compensation);

(c)   

provide for or enable the destruction of property, animal life or plant

life (with or without compensation);

35

(d)   

prohibit, or enable the prohibition of, movement to or from a specified

place;

(e)   

require, or enable the requirement of, movement to or from a specified

place;

(f)   

prohibit, or enable the prohibition of, assemblies of specified kinds, at

40

specified places or at specified times;

(g)   

prohibit, or enable the prohibition of, travel at specified times;

(h)   

prohibit, or enable the prohibition of, other specified activities;

(i)   

create an offence of—

(i)   

failing to comply with a provision of the regulations;

45

(ii)   

failing to comply with a direction or order given or made under

the regulations;

(iii)   

obstructing a person in the performance of a function under or

by virtue of the regulations;

 

 

 
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