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Civil Contingencies Bill


Civil Contingencies Bill
Part 2 — Emergency powers

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17      

Regulations and orders

(1)   

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

(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.

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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.

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(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,

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(b)   

may make different provision for different circumstances or purposes,

and

(c)   

may make incidental, consequential or transitional provision.

18      

Interpretation, &c.

(1)   

In this Part—

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“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

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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.

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(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

19      

Meaning of “emergency”

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(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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Civil Contingencies Bill
Part 2 — Emergency powers

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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,

(f)   

disruption of an electronic or other system of communication,

(g)   

disruption of facilities for transport, or

(h)   

disruption of services relating to health.

10

(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—

(a)   

contamination of land, water or air with—

(i)   

harmful biological, chemical or radio-active matter, or

(ii)   

oil,

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(b)   

flooding, or

(c)   

disruption or destruction of plant life or animal life.

(4)   

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

security—

(a)   

war or armed conflict, and

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(b)   

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

2000 (c. 11).

(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)

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to (c) of subsection (1);

(b)   

amend subsection (2) so as to provide that in so far as an event or

situation involves or causes disruption of a specified supply, system,

facility or service—

(i)   

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

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(ii)   

it is no longer to be treated as threatening damage to human

welfare.

(6)   

An order under subsection (5)—

(a)   

may make consequential amendment of this Part, and

(b)   

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

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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.

20      

Power to make emergency regulations

(1)   

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

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that the conditions in section 21 are satisfied.

(2)   

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

(a)   

that the conditions in section 21 are satisfied, and

(b)   

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

Order in Council under subsection (1).

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Civil Contingencies Bill
Part 2 — Emergency powers

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(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

(c)   

the Commissioners of Her Majesty’s Treasury.

(4)   

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

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(a)   

cause serious damage, or

(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—

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(a)   

specifying the nature of the emergency in respect of which the

regulations are made, and

(b)   

declaring that the person making the regulations—

(i)   

is satisfied that the conditions in section 21 are met,

(ii)   

is satisfied that the regulations contain only provision which is

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for the purpose of preventing, controlling or mitigating an

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,

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(iv)   

is satisfied that the regulations are compatible with the

Convention rights (within the meaning of section 1 of the

Human Rights Act 1998 (c. 42)), and

(v)   

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

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

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21      

Conditions for making emergency regulations

(1)   

This section specifies the conditions mentioned in section 20.

(2)   

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

to occur.

(3)   

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

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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

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

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(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

(c)   

the existing legislation might be insufficiently effective.

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(6)   

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

enactment other than section 20 (“the existing legislation”) is necessary if, in

particular—

(a)   

the provision cannot be made under the existing legislation without the

risk of serious delay,

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Civil Contingencies Bill
Part 2 — Emergency powers

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(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.

22      

Scope of emergency regulations

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(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.

(2)   

In particular, emergency regulations may make any provision which the

person making the regulations thinks is for the purpose of—

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(a)   

protecting human life, health or safety,

(b)   

treating human illness or injury,

(c)   

protecting or restoring property,

(d)   

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

(e)   

protecting or restoring an electronic or other system of communication,

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(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

institutions,

(i)   

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

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air,

(j)   

preventing, or mitigating the effects of, flooding,

(k)   

preventing, reducing or mitigating the effects of disruption or

destruction of plant life or animal life,

(l)   

protecting or restoring activities of Parliament, of the Scottish

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Parliament, of the Northern Ireland Assembly or of the National

Assembly for Wales, or

(m)   

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,

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regulations may—

(a)   

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

on the National Assembly for Wales, on a Northern Ireland

department, on a coordinator appointed under section 24 or on any

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

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be—

(i)   

a power, or duty, to exercise a discretion;

(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);

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(c)   

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

life (with or without compensation);

(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

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place;

(f)   

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

specified places or at specified times;

 

 

Civil Contingencies Bill
Part 2 — Emergency powers

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(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;

(ii)   

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

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the regulations;

(iii)   

obstructing a person in the performance of a function under or

by virtue of the regulations;

(j)   

disapply or modify an enactment (other than a provision of this Part) or

a provision made under or by virtue of an enactment;

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(k)   

require a person or body to act in performance of a function (whether

the function is conferred by the regulations or otherwise and whether

or not the regulations also make provision for remuneration or

compensation);

(l)   

enable the Defence Council to authorise the deployment of Her

15

Majesty’s armed forces;

(m)   

make provision (which may include conferring powers in relation to

property) for facilitating any deployment of Her Majesty’s armed

forces;

(n)   

confer jurisdiction on a court or tribunal (which may include a tribunal

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established by the regulations);

(o)   

make provision which has effect in relation to, or to anything done in—

(i)   

an area of the territorial sea,

(ii)   

an area within British fishery limits, or

(iii)   

an area of the continental shelf;

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(p)   

make provision which applies generally or only in specified

circumstances or for a specified purpose;

(q)   

make different provision for different circumstances or purposes.

(4)   

In subsection (3) “specified” means specified by, or to be specified in

accordance with, the regulations.

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23      

Limitations of emergency regulations

(1)   

Emergency regulations may make provision only if and in so far as the person

making the regulations thinks—

(a)   

that the provision is for the purpose of preventing, controlling or

mitigating an aspect or effect of the emergency in respect of which the

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regulations are made, and

(b)   

that the effect of the provision is in due proportion to that aspect or

effect of the emergency.

(2)   

Emergency regulations must specify the Parts of the United Kingdom or

regions in relation to which the regulations have effect.

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(3)   

Emergency regulations may not—

(a)   

require a person, or enable a person to be required, to provide military

service, or

(b)   

prohibit or enable the prohibition of participation in, or any activity in

connection with, a strike or other industrial action.

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(4)   

Emergency regulations may not—

(a)   

create an offence other than one of the kind described in section 22(3)(i),

 

 

Civil Contingencies Bill
Part 2 — Emergency powers

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(b)   

create an offence other than one which is triable only before a

magistrates’ court or, in Scotland, before a sheriff under summary

procedure,

(c)   

create an offence which is punishable—

(i)   

with imprisonment for a period exceeding three months, or

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(ii)   

with a fine exceeding level 5 on the standard scale, or

(d)   

alter procedure in relation to criminal proceedings.

24      

Regional and Emergency Coordinators

(1)   

Emergency regulations must require a senior Minister of the Crown to

appoint—

10

(a)   

for each Part of the United Kingdom, other than England, in relation to

which the regulations have effect, a person to be known as the

Emergency Coordinator for that Part, and

(b)   

for each region in relation to which the regulations have effect, a person

to be known as the Regional Nominated Coordinator for that region.

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(2)   

Provision made in accordance with subsection (1) may, in particular, include

provision about the coordinator’s—

(a)   

terms of appointment,

(b)   

conditions of service (including remuneration), and

(c)   

functions.

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(3)   

The principal purpose of the appointment shall be to facilitate coordination of

activities under the emergency regulations (whether only in the Part or region

for which the appointment is made or partly there and partly elsewhere).

(4)   

In exercising his functions a coordinator shall—

(a)   

comply with a direction of a senior Minister of the Crown, and

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(b)   

have regard to guidance issued by a senior Minister of the Crown.

(5)   

A coordinator shall not be regarded as the servant or agent of the Crown or as

enjoying any status, immunity or privilege of the Crown.

25      

Establishment of tribunal

(1)   

Emergency regulations which establish a tribunal may not be made unless a

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senior Minister of the Crown has consulted the Council on Tribunals.

(2)   

But—

(a)   

a senior Minister of the Crown may disapply subsection (1) if he thinks

it necessary by reason of urgency,

(b)   

subsection (1) shall not apply where the Council on Tribunals have

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consented to the establishment of the Tribunal, and

(c)   

a failure to satisfy subsection (1) shall not affect the validity of

regulations.

(3)   

Where the Council on Tribunals are consulted by a senior Minister of the

Crown under subsection (1)—

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(a)   

the Council shall make a report to the Minister, and

(b)   

the Minister shall not make the emergency regulations to which the

consultation relates before receiving the Council’s report.

 

 

Civil Contingencies Bill
Part 2 — Emergency powers

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(4)   

But—

(a)   

a senior Minister of the Crown may disapply subsection (3)(b) if he

thinks it necessary by reason of urgency, and

(b)   

a failure to comply with subsection (3)(b) shall not affect the validity of

regulations.

5

(5)   

Where a senior Minister of the Crown receives a report under subsection (3)(a)

he shall lay before Parliament as soon as is reasonably practicable after the

making of the regulations to which the report relates—

(a)   

a copy of the report,

(b)   

a statement of the extent to which the regulations give effect to any

10

recommendations in the report, and

(c)   

an explanation for any departure from recommendations in the report.

(6)   

Where a senior Minister of the Crown makes emergency regulations without

consulting the Council on Tribunals (in reliance on subsection (2)(a))—

(a)   

he shall consult the Council about the regulations as soon as reasonably

15

practicable after they are made,

(b)   

the Council shall make a report to the Minister, and

(c)   

subsection (5) shall apply (with any necessary modifications).

26      

Duration

(1)   

Emergency regulations shall lapse—

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(a)   

at the end of the period of 30 days beginning with the date on which

they are made, or

(b)   

at such earlier time as may be specified in the regulations.

(2)   

Subsection (1)—

(a)   

shall not prevent the making of new regulations, and

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(b)   

shall not affect anything done by virtue of the regulations before they

lapse.

27      

Parliamentary scrutiny

(1)   

Where emergency regulations are made—

(a)   

a senior Minister of the Crown shall as soon as is reasonably practicable

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lay the regulations before Parliament, and

(b)   

the regulations shall lapse at the end of the period of seven days

beginning with the date of laying unless during that period each House

of Parliament passes a resolution approving them.

(2)   

If each House of Parliament passes a resolution that emergency regulations

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shall cease to have effect, the regulations shall cease to have effect—

(a)   

at such time, after the passing of the resolutions, as may be specified in

them, or

(b)   

if no time is specified in the resolutions, at the beginning of the day after

that on which the resolutions are passed (or, if they are passed on

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different days, at the beginning of the day after that on which the

second resolution is passed).

(3)   

If each House of Parliament passes a resolution that emergency regulations

shall have effect with a specified amendment, the regulations shall have effect

as amended, with effect from—

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