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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 18153/3

 

(  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)—


 
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