Civil Contingencies Bill

House of Lords

Session 2002 - 03
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Other Bills before Parliament

Civil Contingencies Bill

Civil Contingencies Bill
Part 1 — Local Arrangements for Civil Protection
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(2)
The Scottish Ministers may by direction make provision of a kind that could be
made by an order under section 5(2) or by regulations under section 6(2).
(3)
A direction under subsection (2) may be written or oral.
(4)
Where the Scottish Ministers give a direction under subsection (2)—
(a)
they may revoke or vary the direction by further direction,
5
(b)
they shall revoke the direction as soon as is reasonably practicable (and
they may, if or in so far as they think it desirable, re-enact the substance
of the direction by way of an order under section 5(2) or by way of
regulations under section 6(2)), and
(c)
the direction shall cease to have effect at the end of the period of 21 days
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beginning with the day on which it is given (but without prejudice to
the power to give a new direction).
(5)
Where the Scottish Ministers give an oral direction (or further direction) under
this section they shall confirm it in writing as soon as is reasonably practicable.
(6)
A provision of a direction under subsection (2) shall be treated for all purposes
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as if it were a provision of an order under section 5(2) or of regulations under
section 6(2).
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Monitoring by Government
(1)
A Minister of the Crown may require a person or body listed in Part 1 or 3 of
Schedule 1—
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(a)
to provide information about action taken by the person or body for the
purpose of complying with a duty under this Part, or
(b)
to explain why the person or body has not taken action for the purpose
of complying with a duty under this Part.
(2)
The Scottish Ministers may require a person or body listed in Part 2 or 4 of
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Schedule 1—
(a)
to provide information about action taken by the person or body for the
purpose of complying with a duty under this Part, or
(b)
to explain why the person or body has not taken action for the purpose
of complying with a duty under this Part.
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(3)
A requirement under subsection (1) or (2) may specify—
(a)
a period within which the information or explanation is to be provided;
(b)
the form in which the information or explanation is to be provided.
(4)
A person or body shall comply with a requirement under subsection (1) or (2).
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Enforcement
35
(1)
Any of the following may bring proceedings in the High Court or the Court of
Session in respect of a failure by a person or body listed in Part 1 or 3 of
Schedule 1 to comply with section 2(1), 3(3), 4(1) or (8), 5(3), 6(6), 9(4) or 15(7)—
(a)
a Minister of the Crown,
(b)
a person or body listed in Part 1 of Schedule 1, and
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(c)
a person or body listed in Part 3 of Schedule 1.
(2)
In proceedings under subsection (1) the High Court or the Court of Session
may grant any relief, or make any order, that it thinks appropriate.

Civil Contingencies Bill
Part 1 — Local Arrangements for Civil Protection
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Enforcement: Scotland
(1)
Any of the following may bring proceedings in the Court of Session in respect
of a failure by a person or body listed in Part 2 or 4 of Schedule 1 to comply with
section 2(1), 3(3), 4(1) or (8), 5(3), 6(6), 9(4) or 15(7)—
(a)
the Scottish Ministers,
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(b)
a person or body listed in Part 2 of Schedule 1, and
(c)
a person or body listed in Part 4 of Schedule 1.
(2)
In proceedings under subsection (1) the Court of Session may grant any
remedy, or make any order, that it thinks appropriate.
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Provision of information
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Regulations or an order under this Part may, if addressing the provision or
disclosure of information, make provision about—
(a)
timing;
(b)
the form in which information is provided;
(c)
the use to which information may be put;
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(d)
storage of information;
(e)
disposal of information.
13
Amendment of lists of responders
(1)
A Minister of the Crown may by order amend Schedule 1 so as to—
(a)
add an entry to Part 1 or 3;
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(b)
remove an entry from Part 1 or 3;
(c)
move an entry from Part 1 to Part 3 or vice versa.
(2)
The Scottish Ministers may by order amend Schedule 1 so as to—
(a)
add an entry to Part 2 or 4;
(b)
remove an entry from Part 2 or 4;
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(c)
move an entry from Part 2 to Part 4 or vice versa.
(3)
An order under subsection (1) or (2)—
(a)
may add, remove or move an entry either generally or only in relation
to specified functions of a person or body, and
(b)
may make incidental, transitional or consequential provision (which
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may include provision amending this Act or another enactment).
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Scotland: consultation
(1)
A Minister of the Crown shall consult the Scottish Ministers before making
regulations or an order under this Part in relation to a person or body if or in
so far as the person or body exercises functions in relation to Scotland.
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(2)
The Scottish Ministers shall consult a Minister of the Crown before making
regulations or an order under this Part.
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Scotland: cross-border collaboration
(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—
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Civil Contingencies Bill
Part 1 — Local Arrangements for Civil Protection
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(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
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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).
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(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
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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.
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(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—
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(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
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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
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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;
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(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—
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(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—

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Part 1 — Local Arrangements for Civil Protection
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(a)
a reference to an order under section 5(1) includes a reference to an
order under subsection (6) above, and
(b)
a reference to an order under section 5(2) includes a reference to an
order under subsection (5) above.
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National Assembly for Wales
5
(1)
A Minister of the Crown shall consult the National Assembly for Wales
before—
(a)
making regulations under section 2(3), 4(2) or 6(1) which relate wholly
or partly to Wales,
(b)
issuing guidance under section 3(1), 4(6) or 6(4) which relates wholly or
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partly to Wales,
(c)
giving an order under section 5(1) which relates wholly or partly to
Wales,
(d)
giving a direction under section 7(2) which makes provision relating
wholly or partly to Wales of a kind that could be made by regulations
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under section 6(1),
(e)
giving a direction under section 7(2) which makes provision relating
wholly or partly to Wales of a kind that could be made by an order
under section 5(1),
(f)
bringing proceedings under section 10 in respect of a failure by a
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person or body where the failure relates wholly or partly to Wales, or
(g)
making an order under section 13(1) in respect of a person or body
with, or in so far as the person or body has, functions in relation to
Wales.
(2)
A Minister of the Crown may not without the consent of the National
25
Assembly for Wales take action of a kind specified in subsection (3) that relates
wholly or partly to a person or body specified in subsection (4).
(3)
The actions referred to in subsection (2) are—
(a)
making regulations under section 2(3), 4(2) or 6(1),
(b)
making an order under section 5(1),
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(c)
issuing guidance under section 3(1), 4(6) or 6(4),
(d)
giving a direction under section 7,
(e)
bringing proceedings under section 10, and
(f)
making an order under section 13.
(4)
The persons and bodies referred to in subsection (2) are—
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(a)
a council specified in paragraph 2 of Schedule 1, and
(b)
a person or body specified in paragraph 4, 5, 8, 9, 10, 11 or 21 of that
Schedule, if and in so far as the person or body has functions in relation
to Wales.
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Regulations and orders
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(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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Part 2 — Emergency powers
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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.
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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
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Meaning of “emergency”
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(1)
In this Part “emergency” means—
(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
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(c)
war, or terrorism, which seriously threatens the security of the United
Kingdom.
(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,
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(b)
human illness or injury,
(c)
homelessness,

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Part 2 — Emergency powers
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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.
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(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, or
10
(b)
disruption or destruction of plant life or animal life.
(4)
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)
to (c) of subsection (1);
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(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
(ii)
it is no longer to be treated as threatening damage to human
20
welfare.
(5)
An order under subsection (4)—
(a)
may make consequential amendment of this Part, and
(b)
may not be made unless a draft has been laid before, and approved by
resolution of, each House of Parliament.
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(6)
The event or situation mentioned in subsection (1) may occur or be inside or
outside the United Kingdom.
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Power to make emergency regulations
(1)
Her Majesty may by Order in Council make emergency regulations if satisfied
that the conditions in section 21 are satisfied.
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(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).
(3)
In this Part “senior Minister of the Crown” means—
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(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—
(a)
cause serious damage, or
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(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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Part 2 — Emergency powers
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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
5
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
20
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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(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.
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Scope of emergency regulations
40
(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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