Amendment Paper as at
Monday 24th May 2004
CONSIDERATION OF BILL
CIVIL CONTINGENCIES BILL, AS AMENDED
NEW CLAUSES
Scotland: cross-border collaboration
Mr Douglas Alexander
NC11
To move the following Clause:—
'(1) Where a person or body listed in Part 1 of Schedule 1 has a duty under section 2 or 4, the Scottish Ministers may make regulations—
| (a) | permitting or requiring a person or body listed in Part 2 or 4 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 of that Schedule in connection with the performance of the duty; |
| (b) | permitting or requiring a person or body listed in Part 2 or 4 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 of that Schedule in connection with the performance of the duty. |
(2) The Scottish Ministers may issue guidance about a matter addressed in regulations under subsection (1).
(3) Where a person or body listed in Part 2 of Schedule 1 has a duty under section 2 or 4, a Minister of the Crown may make regulations—
| (a) | permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 2 of that Schedule in connection with the performance of the duty; |
| (b) | permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 2 of that Schedule in connection with the performance of the duty. |
(4) A Minister of the Crown may issue guidance about a matter addressed in regulations under subsection (3).
(5) If a Minister of the Crown makes an order under section 5(1) imposing a duty on a person or body listed in Part 1 of Schedule 1, the Scottish Ministers may make an order—
| (a) | permitting or requiring a person or body listed in Part 2 or 4 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 of that Schedule in connection with the duty; |
| (b) | permitting or requiring a person or body listed in Part 2 or 4 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 of that Schedule in connection with the duty. |
(6) If the Scottish Ministers make an order under section 5(2) imposing a duty on a person or body listed in Part 2 of Schedule 1, a Minister of the Crown may make an order—
| (a) | permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 2 of that Schedule in connection with the duty; |
| (b) | permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 2 of that Schedule in connection with the duty. |
(7) A person or body shall—
| (a) | comply with regulations or an order under this section, and |
| (b) | have regard to guidance under this section. |
(8) In this Act, except where the contrary intention appears—
| (a) | a reference to regulations under section 2(3) includes a reference to regulations under subsection (3) above, |
| (b) | a reference to regulations under section 2(4) includes a reference to regulations under subsection (1) above, |
| (c) | a reference to regulations under section 4(2) includes a reference to regulations under subsection (3) above, |
| (d) | a reference to regulations under section 4(3) includes a reference to regulations under subsection (1) above, |
| (e) | a reference to an order under section 5(1) includes a reference to an order under subsection (6) above, and |
| (f) | a reference to an order under section 5(2) includes a reference to an order under subsection (5) above.'. |
Emergency Volunteer Reserve
Mr Oliver Heald
Patrick Mercer
NC1
To move the following Clause:—
'(1) There shall be an Emergency Volunteer Reserve.
(2) The Secretary of State may by order made by statutory instrument make provision in respect of the Emergency Volunteer Reserve.'.
Emergency Public Education and Training Board
Mr Oliver Heald
Patrick Mercer
NC2
To move the following Clause:—
'(1) There shall be an Emergency Public Education and Training Board consisting of—
| (a) | up to six members appointed by the Secretary of State representative of Category 1 responders; |
| (b) | up to six members appointed by the Secretary of State representative of Category 2 responders; and |
| (c) | up to six other members appointed by the Secretary of State. |
(2) The Secretary of State may by order make provision in respect of the duties undertaken by the Emergency Public Education and Training Board.'.
Emergency Powers Committee
Mr Oliver Heald
Patrick Mercer
NC3
To move the following Clause:—
'Where Her Majesty or a senior Minister of the Crown thinks that the conditions for making emergency regulations are satisfied, such regulations shall be placed before a Joint Committee of both Houses of Parliament consisting of members of the Privy Council (known as the Emergency Powers Committee) for consideration prior to the laying of such regulations.'.
Constitutional enactments
Mr Oliver Heald
Patrick Mercer
NC4
To move the following Clause:—
'(1) Emergency regulations may make provision to disapply or modify a Constitutional enactment only if and insofar as the Emergency Powers Committee agrees thereto.
(2) Constitutional enactments are those listed in Schedule (Constitutional enactments).'.
Secretary of State for civil contingencies etc
Mr Oliver Heald
Patrick Mercer
NC5
To move the following Clause:—
'There shall be a Secretary of State whose sole responsibility is civil contingencies and the preservation of homeland security.'.
Exercise of functions and jurisdiction of courts
Mr Oliver Heald
Patrick Mercer
Mr William Cash
NC6
To move the following Clause:—
'Where Her Majesty, a Minister of the Crown or other person or any of them performs functions under Part 2 of this Act they shall carry out those functions only in circumstances in which they have reasonable cause to believe that the exercise of those functions is—
| (a) | in the national interest and |
| (b) | necessary for securing the essentials of life to the community; |
and nothing in this Act shall be construed as ousting the jurisdiction of any court in determining that or any other matter arising under this Act.'.
Limitations on emergency regulations
Mr Oliver Heald
Mr Patrick Mercer
Mr William Cash
NC7
To move the following Clause:—
'(1) It shall be the duty of a person making emergency regulations to ensure in relation thereto that such arrangements are in force as he reasonably considers necessary for securing that the requirements of subsections (2) and (3) are satisfied.
(2) The requirements of this subsection are satisfied if each of the following—
| (a) | the number of persons affected by emergency regulations, |
| (b) | the extent to which persons are affected by emergency regulations, |
| (c) | the amount of property, animal life or plant life is affected by emergency regulations; and |
| (d) | the extent to which property, animal life or plant life is affected by emergency regulations, |
is limited to the minimum that is necessary for the purpose of preventing, controlling or mitigating an aspect of the emergency.
(3) The requirements of this subsection are satisfied if emergency regulations are limited in duration to the shortest period that is necessary for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency.'.
Compensation
Mr Oliver Heald
Patrick Mercer
Mr William Cash
NC8
To move the following Clause:—
'(1) Nothing in Part 2 shall affect existing rights under common law or under enactment to claim compensation.
(2) Compensation shall be given for any loss or damage incurred as a consequence of any regulation passed under Part 2.
(3) A senior Minister of the Crown may dispense with the requirements of subsection (2) if there are compelling reasons why compensation should not be awarded, such reasons to be given in writing.'.
Duration of Part 2
Mr Oliver Heald
Patrick Mercer
Mr William Cash
NC9
To move the following Clause:—
'Part 2 shall lapse and cease to have effect on 1st January 2010.'.
Confidentiality
Mr Oliver Heald
Patrick Mercer
Mr William Cash
NC10
To move the following Clause:—
'Regulations made under Part 1 shall make such provision as the Minister considers necessary to protect the confidentiality of information provided or disclosed under those regulations, including an appropriate enforcement mechanism.'.
Patrick Mercer
21
Page 1, line 9 [Clause 1], leave out 'a place in'.
Patrick Mercer
22
Page 1, line 9 [Clause 1], at end insert 'or in a Part or Region'.
Patrick Mercer
24
Page 1, line 10 [Clause 1], after 'Kingdom', insert 'or of a Part or Region'.
