Civil Contingencies Bill

House of Lords

Session 2002 - 03
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Civil Contingencies Bill

Civil Contingencies Bill
Schedule 2 — Minor and Consequential Amendments and Repeals
Part 1 — Amendments and Repeals Consequential on Part 1
27

Schedule 2
Section 32

Minor and Consequential Amendments and Repeals
Part 1
Amendments and Repeals Consequential on Part 1
Civil Defence Act 1939 (c. 31)
5
1
The Civil Defence Act 1939 shall cease to have effect.
Civil Defence Act (Northern Ireland) 1939 (c. 15 (N.I.))
2
The Civil Defence Act (Northern Ireland) 1939 shall cease to have effect.
Civil Defence Act 1948 (c. 5)
3
The Civil Defence Act 1948 shall cease to have effect.
10
Civil Defence Act (Northern Ireland) 1950 (c. 11 (N.I.))
4
The Civil Defence Act (Northern Ireland) 1950 shall cease to have effect.
Defence Contracts Act 1958 (c. 38)
5
In section 6(1) of the Defence Contracts Act 1958 (interpretation, &c.), in the
definition of “defence materials” omit paragraph (b).
15
Public Expenditure and Receipts Act 1968 (c. 14)
6
Section 4 of the Public Expenditure and Receipts Act 1968 (compensation to
civil defence employees for loss of employment, &c.) shall cease to have
effect.
Local Government Act 1972 (c. 70)
20
7
In section 138 of the Local Government Act 1972 (emergency powers)—
(a)
subsection (1A) shall cease to have effect, and
(b)
in subsection (3) for “subsections (1) and (1A) above” substitute
“subsection (1) above”.
Civil Protection in Peacetime Act 1986 (c. 22)
25
8
The Civil Protection in Peacetime Act 1986 shall cease to have effect.
Road Traffic Act 1988 (c. 52)
9
In section 65A(5) of the Road Traffic Act 1988 (light passenger vehicles and
motor cycles not to be sold without EC certificate of conformity) omit
paragraph (c).
30

Civil Contingencies Bill
Schedule 2 — Minor and Consequential Amendments and Repeals
Part 3 — Minor Amendments
28

Metropolitan County Fire and Rescue Authorities
10    (1)
The bodies established by section 26 of the Local Government Act 1985
(c. 51) and known as metropolitan county fire and civil defence authorities
shall be known instead as metropolitan county fire and rescue authorities.
      (2)
So far as necessary or appropriate in consequence of sub-paragraph (1), a
5
reference in an enactment, instrument, agreement or other document to a
metropolitan county fire and civil defence authority shall be treated as a
reference to a metropolitan county fire and rescue authority.
      (3)
In the following provisions for “(fire services, civil defence and transport)”
substitute “(fire and rescue services and transport)”—
10
(a)
paragraph 29 of Schedule 1A to the Race Relations Act 1976 (c. 74),
(b)
sections 21(1)(i), 39(1)(g), 67(3)(k) and 152(2)(i) of the Local
Government and Housing Act 1989 (c. 42),
(c)
section 1(10)(d) of the Local Government (Overseas Assistance) Act
1993 (c. 25),
15
(d)
paragraph 19 of Schedule 1 to the Freedom of Information Act 2000
(c. 36), and
(e)
sections 23(1)(k) and 33(1)(j) of the Local Government Act 2003 (c.
26).
Part 2
20
Amendments and Repeals Consequential on Part 2
Emergency Powers Act 1920 (c. 55)
11
The Emergency Powers Act 1920 shall cease to have effect.
Emergency Powers Act (Northern Ireland) 1926 (c. 8)
12
The Emergency Powers Act (Northern Ireland) 1926 shall cease to have
25
effect.
Northern Ireland Act 1998 (c. 47)
13
In paragraph 14 of Schedule 3 to the Northern Ireland Act 1998 (reserved
matters) for “the Emergency Powers Act (Northern Ireland) 1926” substitute
“Part 2 of the Civil Contingencies Act 2004”.
30
Part 3
Minor Amendments
Energy Act 1976 (c. 76)
14
After sections 1 to 4 of the Energy Act 1976 (powers to control production
and supply of fuel, &c.) insert—
35
“5     Sections 1 to 4: territorial application
(1)
A power under sections 1 to 4 may be exercised in relation to
anything which is wholly or partly situated in, or to activity wholly
or partly in—

Civil Contingencies Bill
Schedule 2 — Minor and Consequential Amendments and Repeals
Part 3 — Minor Amendments
29

(a)
the United Kingdom,
(b)
the territorial sea of the United Kingdom, or
(c)
an area designated under the Continental Shelf Act 1964
(c. 29).
(2)
Subsection (1) is without prejudice to section 2(2)(b).”
5
Highways Act 1980 (c. 66)
15
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
10
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
15
affecting the movement of vehicular or other
traffic for the purpose of—
(a)
promoting safety (including avoiding or reducing,
or reducing the likelihood of, danger
connected with terrorism within the
20
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)
25
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
30
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.
35
(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.
40
(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.

Civil Contingencies Bill
Schedule 2 — Minor and Consequential Amendments and Repeals
Part 3 — Minor Amendments
30

(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 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
5
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.
10
(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,
15
(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.
20
(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—
25
(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
30
to the placing of structures or signs (which may, in particular,
apply a provision of this Act with or without modifications);
(d)
enable a constable to authorise an employee of the traffic
authority to do anything that the constable could do by virtue
of this subsection.”
35
      (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
40
(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
45
Traffic Management Act 2004 (c. 18).”

Civil Contingencies Bill
Schedule 2 — Minor and Consequential Amendments and Repeals
Part 3 — Minor Amendments
31

      (4)
In Schedule 9 (reserve powers of Secretary of State, Scottish Ministers and
National Assembly for Wales)—
(a)
in paragraph 1, after “sections 1, 6, 9,” insert “14 (in so far as the
power under that section is exercisable by virtue of section 22C),”,
and—
5
(b)
after paragraph 12 insert—
“12A
Article 2 of the Scotland Act 1998 (Transfer of Functions to
the Scottish Ministers etc.) Order 1999 (SI 1999/1750) shall
not apply to a provision of this Schedule in so far as it
relates to the exercise of a power under this Act by virtue
10
of section 22C.
12B
A power conferred upon the Secretary of State by this
Schedule shall, in so far as it relates to the exercise of a
power under this Act by virtue of section 22C, be
exercisable in relation to Wales by the National Assembly
15
for Wales with the consent of the Secretary of State.”.
Roads (Scotland) Act 1984 (c. 66)
17    (1)
After section 39B of the Roads (Scotland) Act 1984 (traffic calming works
regulations) insert—
“39BA
Prescribing of works for anti-terrorism purposes
20
(1)
Where—
(a)
the construction of any traffic calming works is for the
purpose of 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), and
25
(b)
the function of constructing those works would, but for this
section, be exercisable by the Scottish Ministers,

that function shall instead be exercisable by the Secretary of State.
(2)
The power to make regulations under section 39B of this Act—
(a)
for the purpose of, or in connection with, avoiding or
30
reducing, or reducing the likelihood of, danger connected
with terrorism within the meaning of section 1 of the
Terrorism Act 2000, and
(b)
which would, but for this section, be exercisable by the
Scottish Ministers,
35

shall instead be exercisable by the Secretary of State.
(3)
Regulations under section 39B of this Act may, if they are made by
virtue of subsection (2) above, provide that, in such 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
40
regulations may specify.”
      (2)
In section 40 of that Act (interpretation of sections 36 to 39C) for the
definition of “traffic calming works” substitute—

““traffic calming works”, in relation to a road, means works affecting the
movement of vehicular or other traffic for the purpose of—
45
(a)
promoting safety (including avoiding or reducing, or
reducing the likelihood of, danger connected with

Civil Contingencies Bill
Schedule 3 — Repeals and Revocations
32

terrorism within the meaning of section 1 of the Terrorism
Act 2000), or
(b)
preserving or improving the environment through which the
road runs.”
Schedule 3
5
Section 32

Repeals and Revocations

Short title and chapter
Repeal or revocation

The Emergency Powers Act
The whole Act.

1920 (c. 55).

The Emergency Powers Act
The whole Act.

10

(Northern Ireland) 1926 (c. 8).

The Air-Raid Precautions Act
The whole Act.

(Northern Ireland) 1938 (c. 26

(N.I.)).

The Civil Defence Act 1939
The whole Act.

15

(c. 31).

The Civil Defence Act
The whole Act.

(Northern Ireland) 1939 (c. 15

(N.I.)).

The Civil Defence Act 1948
The whole Act.

20

(c. 5).

The Civil Defence Act
The whole Act.

(Northern Ireland) 1950 (c. 11

(N.I.)).

The Criminal Justice Act
In Schedule 2, the entry relating to the Civil

25

(Northern Ireland) 1953 (c. 14
Defence Act (Northern Ireland) 1950.

(N.I.)).

The Civil Defence (Armed
The whole Act.

Forces) Act 1954 (c. 66).

The Defence Contracts Act 1958
In section 6(1), in the definition of “defence

30

(c. 38).
materials”, paragraph (b).

The Town and Country
In paragraph 2 of Schedule 4, the entry relating

Planning (Scotland) Act 1959
to the Civil Defence Act 1948.

(c. 70).

The Emergency Powers Act
Section 1.

35

1964 (c. 38).

The Lands Tribunal and
In Schedule 1, the entry relating to the Civil

Compensation Act (Northern
Defence Act (Northern Ireland) 1939.

Ireland) 1964 (c. 29 (N.I.)).

The Emergency Powers
The whole Act.

40

(Amendment) Act (Northern

Ireland) 1964 (c. 34 (N.I.)).

Civil Contingencies Bill
Schedule 3 — Repeals and Revocations
33

Short title and chapter
Repeal or revocation

The Police (Scotland) Act 1967
In Schedule 4, the entry relating to the Civil

(c. 77).
Defence Act 1948.

The Public Expenditure and
Section 4.

Receipts Act 1968 (c. 14).

5

The Land Charges Act 1972
In Schedule 2, paragraph 1(f).

(c. 61).

The Local Government Act 1972
Section 138(1A).

(c. 70).

The Drainage (Northern
In Schedule 8, paragraphs 3 and 4.

10

Ireland) Order 1973 (S.I.

1973/69 (N.I. 1)).

The Statute Law (Repeals) Act
In Schedule 2, in Part II, the entry relating to the

1976 (c. 16).
Civil Defence Act 1939.

The Road Traffic (Northern
Article 31G(5)(c).

15

Ireland) Order 1981 (S.I.

1981/154 (N.I. 1)).

The Civil Aviation Act 1982
In Schedule 2, paragraph 2.

(c. 16).

The Criminal Justice Act 1982
Section 41.

20

(c. 48).

The Police and Criminal
In Schedule 2, the entry relating to section 2 of

Evidence Act 1984 (c. 60).
the Emergency Powers Act 1920.

The Fines and Penalties
Article 12.

(Northern Ireland) Order

25

1984 (S.I. 1984/703 (N.I. 3)).

The Civil Protection in
The whole Act.

Peacetime Act 1986 (c. 22).

The Road Traffic Act 1988
Section 65A(5)(c).

(c. 52).

30

The Water Act 1989 (c. 15).
In Schedule 25, paragraph 1(4).

The Electricity Act 1989 (c. 29).
In Schedule 16, paragraph 1(3) and paragraph 4.

The Police and Criminal
In Schedule 2, the entry relating to the

Evidence (Northern Ireland)
Emergency Powers Act (Northern Ireland)

Order 1989 (S.I. 1989/1341
1926.

35

(N.I. 12)).

The Local Government Finance
In Schedule 13, paragraph 6.

Act 1992 (c. 14).

The Local Government etc.
In Schedule 13, paragraph 24.

(Scotland) Act 1994 (c. 39).

40

The Gas Act 1995 (c. 45).
In Schedule 4, paragraph 2(5).

The Police Act 1997 (c. 50).
In Schedule 9, paragraphs 2 and 17.

The Greater London Authority
Section 330.

Act 1999 (c. 29).

The Transport Act 2000 (c. 38).
In Schedule 5, paragraph 3.

45