(1-7)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

LORDS AMENDMENTs
TO THE
CIVIL CONTINGENCIES BILL
[The page and line references are to HL Bill 77, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 5, leave out from “means” to end of line 10 and insert—

“(a)
an event or situation which threatens serious damage to human

welfare in a place in the United Kingdom,

(b)
an event or situation which threatens serious damage to the

environment of a place in the United Kingdom, or

(c)
war, or terrorism, which threatens serious damage to the security of

the United Kingdom.”
2
Page 1, line 18, leave out “an electronic or other” and insert “a”
3
Page 2, line 2, leave out “harmful”
4
Page 2, line 3, leave out sub-paragraph (ii)
5
Page 2, line 4, leave out “(b)   flooding,”
6
Page 2, line 6, leave out subsection (4)
Clause 2
7
Page 3, line 21, at end insert—

“( )
Regulations under subsection (3) may, in particular, make provision—

(a)
requiring those authorities which control ports, airports or frontiers

as well as local authorities to install special equipment to monitor

the contents of lorries, containers or other objects for suspicious

contents or persons;

(b)
requiring those authorities which control ports, airports or frontiers

as well as local authorities to install special equipment designed to

monitor persons, ships, other conveyances or other objects for

radioactive material; and

(c)
requiring local authorities and other public bodies to obtain specific

static or mobile equipment which is designed to identify the

Bill 181 53/3

(  2  )

presence of chemical material or biological organisms or

radioactive substances which might be used in a terrorist attack.”
8
Page 4, line 7, at end insert—

“( )
permit or require a person or body, in maintaining a plan under

subsection (1)(c) or (d), to have regard to the activities of bodies

(other than public or local authorities) whose activities are not

carried on for profit.”
Clause 4
9
Page 5, line 6, after “public” insert “, or the continuance of the activities of bodies

other than public or local authorities whose activities are not carried on for profit,”
Clause 7
10
Page 7, line 12, leave out “a Minister of the Crown thinks that”
11
Page 7, line 14, leave out from first “by” to “but” in line 15 and insert “an order

under section 5(1) or by regulations under section 6(1),”
12
Page 7, line 16, leave out “regulations or order” and insert “order or regulations”
13
Page 7, leave out line 18 and insert “an order under section 5(1) or by regulations

under section 6(1).”
14
Page 7, line 19, leave out “may be written or oral” and insert “shall be in writing”
15
Page 7, line 24, leave out from “of” to “and” in line 25 and insert “an order under

section 5(1) or by way of regulations under section 6(1)),”
16
Page 7, line 29, leave out subsection (5)
17
Page 7, line 32, leave out from first “of” to end of line 33 and insert “an order under

section 5(1) or of regulations under section 6(1).”
Clause 8
18
Page 7, line 35, leave out “the Scottish Ministers think that”
19
Page 7, line 37, leave out from first “by” to “but” in line 38 and insert “an order

under section 5(2) or by regulations under section 6(2),”
20
Page 7, line 39, leave out “regulations or order” and insert “order or regulations”
21
Page 7, line 41, leave out from first “by” to end of line 42 and insert “an order under

section 5(2) or by regulations under section 6(2).”
22
Page 8, line 1, leave out “may be written or oral” and insert “shall be in writing”
23
Page 8, line 6, leave out from second “of” to “and” in line 7 and insert “an order

under section 5(2) or by way of regulations under section 6(2)),”
24
Page 8, line 11, leave out subsection (5)
25
Page 8, line 14, leave out from first “of” to end of line 15 and insert “an order under

section 5(2) or of regulations under section 6(2).”

(  3  )

Clause 15
26
Page 11, line 1, leave out paragraphs (a) to (d)
Clause 16
27
Page 11, line 24, leave out “2(3), 4(2) or”
28
Page 11, line 45, after “paragraph” insert “4,”
Clause 18
29
Page 12, line 28, at end insert—


““terrorism” has the meaning given by section 1 of the Terrorism Act

2000 (c. 11), and


“war” includes armed conflict.”
Clause 19
30
Page 12, line 36, leave out from “means” to end of line 40 and insert—

“(a)
an event or situation which threatens serious damage to human

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

(b)
an event or situation which threatens serious damage to the

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

(c)
war, or terrorism, which threatens serious damage to the security of

the United Kingdom.”
31
Page 13, line 8, leave out “an electronic or other” and insert “a”
32
Page 13, line 14, leave out “harmful”
33
Page 13, line 15, leave out sub-paragraph (ii)
34
Page 13, line 16, leave out paragraph (b)
35
Page 13, line 18, leave out subsection (4)
36
Page 13, line 24, leave out paragraph (a)
Clause 22
37
Page 15, line 6, leave out from “provision” to “for” in line 7
38
Page 15, line 9, leave out from “provision” to “for” in line 10
39
Page 15, line 15, leave out “an electronic or other” and insert “a”
40
Page 15, line 22, leave out paragraph (j)
41
Page 16, line 9, leave out “(other than a provision of this Part)”
42
Page 16, line 30, at end insert—

“(5)
A person making emergency regulations must have regard to the

importance of ensuring that Parliament, the High Court and the Court of

Session are able to conduct proceedings in connection with—

(a)
the regulations, or

(b)
action taken under the regulations.”

(  4  )

Clause 23
43
Page 16, line 32, leave out from “only” to end of line 33
44
Page 16, line 34, leave out “that the provision is”
45
Page 16, line 37, leave out “that the effect of the provision is”
46
Page 17, line 7, at end insert—

“(5)
Emergency regulations may not amend—

(a)
this Part of this Act, or

(b)
the Human Rights Act 1998 (c. 42).”
Clause 25
47
Page 18, line 2, leave out “he thinks it” and insert “this is”
Clause 31
48
Page 20, line 37, at end insert—

““terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11),

and

“war” includes armed conflict.”
Clause 34
49
Page 21, line 32, after “Act” insert “, except for the provisions of Part 2”
50
Page 21, line 40, at end insert—

“(2A)
The provisions of Part 2 of this Act shall come into force in accordance with

provision made by a Minister of the Crown by order.

(2B)
An order under subsection (2A) shall cease to have effect on the expiry of

the period of three years beginning on the day it is made unless both

Houses of Parliament resolve that it shall further continue in force for a

period not exceeding three years.

(2C)
An order made under subsection (2A) and renewed in accordance with

subsection (2B) may, on expiry, be renewed following resolution of both

Houses of Parliament for further periods not exceeding three years.”
51
Page 21, line 41, leave out “or (2)” insert “, (2) or (2A)”
Schedule 1
52
Page 23, line 21, leave out paragraph 4 and insert—

“4
A fire and rescue authority within the meaning of section 1 of the Fire

and Rescue Services Act 2004 (c. 21).”
53
Page 24, line 10, leave out paragraph 9 and insert—

“9    (1)
The Health Protection Agency established by section 1 of the Health

Protection Agency Act 2004 (c. 17).

      (2)
Until its dissolution consequent upon the coming into force of section 1

of that Act, the Special Health Authority established under section 11 of

(  5  )

the National Health Service Act 1977 and known as the Health

Protection Agency.”
54
Page 25, line 6, leave out paragraphs 19 and 20 and insert—

“19   (1)
A person holding a licence of a kind specified in sub-paragraph (2) and

granted under section 6 of the Electricity Act 1989 (c. 29).

      (2)
Those licences are—

(a)
a transmission licence,

(b)
a distribution licence, and

(c)
an interconnector licence.

      (3)
Expressions used in this paragraph and in the Electricity Act 1989 (c. 29)

shall have the same meaning in this paragraph as in that Act.

20    (1)
A person holding a licence of a kind specified in sub-paragraph (2).

      (2)
Those licences are—

(a)
a licence under section 7 of the Gas Act 1986 (c. 44), and

(b)
a licence under section 7ZA of that Act.”
55
Page 26, line 6, leave out paragraphs 30 and 31 and insert—

“30   (1)
A person holding a licence of a kind specified in sub-paragraph (2) and

granted under the Electricity Act 1989 (c. 29), in so far as the activity

under the licence is undertaken in Scotland.

      (2)
Those licences are—

(a)
a transmission licence,

(b)
a distribution licence, and

(c)
an interconnector licence.

      (3)
Expressions used in this paragraph and in the Electricity Act 1989 (c. 29)

shall have the same meaning in this paragraph as in that Act.

31    (1)
A person holding a licence of a kind specified in sub-paragraph (2), in so

far as the activity under the licence is undertaken in Scotland.

      (2)
Those licences are—

(a)
a licence under section 7 of the Gas Act 1986 (c. 44), and

(b)
a licence under section 7ZA of that Act.”
Schedule 2
56
Page 29, line 5, at end insert—

“Highways Act 1980 (c. 66)

15
(1) At the end of section 90H(2) of the Highways Act 1980 (traffic calming

works regulations) add—

“(d)
provide that, in such cases or circumstances as the

regulations may specify, works may be constructed or

removed only with the consent of a police officer of such

class as the regulations may specify.”

(2)
In section 329(1) of that Act (interpretation) for the definition of

“traffic calming works” substitute—


““traffic calming works”, in relation to a highway, means works

affecting the movement of vehicular or other

traffic for the purpose of—

(  6  )

(a)
promoting safety (including avoiding or

reducing, or reducing the likelihood of,

danger connected with terrorism within

the meaning of section 1 of the

Terrorism Act 2000 (c. 11)), or

(b)
preserving or improving the environment

through which the highway runs;”.

Road Traffic Regulation Act 1984 (c. 27)

16
(1)    The Road Traffic Regulation Act 1984 shall be amended as follows.

(2)
In Part 2 (traffic regulation: special cases) after section 22B insert—

“22C
Terrorism

(1)
An order may be made under section 1(1)(a) for the purpose of

avoiding or reducing, or reducing the likelihood of, danger

connected with terrorism (for which purpose the reference to

persons or other traffic using the road shall be treated as

including a reference to persons or property on or near the road).

(2)
An order may be made under section 1(1)(b) for the purpose of

preventing or reducing damage connected with terrorism.

(3)
An order under section 6 made for a purpose mentioned in

section 1(1)(a) or (b) may be made for that purpose as qualified

by subsection (1) or (2) above.

(4)
An order may be made under section 14(1)(b) for a purpose

relating to danger or damage connected with terrorism.

(5)
A notice may be issued under section 14(2)(b) for a purpose

relating to danger or damage connected with terrorism.

(6)
In this section “terrorism” has the meaning given by section 1 of

the Terrorism Act 2000 (c. 11).

(7)
In Scotland an order made, or notice issued, by virtue of this

section is to be made or issued not by the traffic authority, if the

(  7  )

traffic authority is the Scottish Ministers, but by the Secretary of

State.

(8)
In Wales an order made, or notice issued, by virtue of this section

may be made or issued only with the consent of the Secretary of

State if the traffic authority is the National Assembly for Wales.

22D
Section 22C: supplemental

(1)
An order may be made by virtue of section 22C only on the

recommendation of the chief officer of police for the area to

which the order relates.

(2)
The following shall not apply in relation to an order made by

virtue of section 22C—

(a)
section 3,

(b)
section 6(5),

(c)
the words in section 14(4) from “but” to the end,

(d)
section 121B, and

(e)
paragraph 13(1)(a) of Schedule 9.

(3)
Sections 92 and 94 shall apply in relation to an order under

section 14 made by virtue of section 22C as they apply in relation

to an order under section 1 or 6.

(4)
An order made by virtue of section 22C, or an authorisation or

requirement by virtue of subsection (3) above, may authorise the

undertaking of works for the purpose of, or for a purpose

ancillary to, another provision of the order, authorisation or

requirement.

(5)
An order made by virtue of section 22C may—

(a)
enable a constable to direct that a provision of the order

shall (to such extent as the constable may specify) be

commenced, suspended or revived;

(b)
confer a discretion on a constable;

(c)
make provision conferring a power on a constable in

relation to the placing of structures or signs (which may,

in particular, apply a provision of this Act with or

without modifications).”

(3)
In section 67 (traffic signs: emergencies &c.) after subsection (1) insert—

“(1A)
In subsection (1)—

(a)
“extraordinary circumstances” includes terrorism or the

prospect of terrorism within the meaning of section 1 of

the Terrorism Act 2000 (c. 11), and

(b)
the reference to 7 days shall, in the application of the

subsection in connection with terrorism or the prospect of

terrorism, be taken as a reference to 28 days;


but this subsection does not apply to a power under subsection

(1) in so far as exercisable by a traffic officer by virtue of section

7 of the Traffic Management Act 2004 (c. 18).”

(4)
In Schedule 9 (reserve powers of Secretary of State, Scottish Ministers

and National Assembly for Wales)—