Introduction
Following the fuel crisis and severe flooding in the autumn and
winter of 2000 the Deputy Prime Minister announced a review of
emergency planning arrangements and current outdated legislation.
As a consequence a new framework for civil protection work at local
level and a new framework for the use of special legislative
measures were proposed. Between June and September 2003 the
Government conducted a public consultation exercise on a draft Bill
setting out proposals for these new frameworks. The draft Bill was
then put towards a Joint Parliamentary Committee for
recommendations and amendments. Following amendments the Bill was
introduced to Parliament on 7 January 2004 and on 18 November 2004
the Bill received Royal Assent. Henceforth, it is known as the
Civil Contingencies Act 2004.
The Act’s modernisation of both local civil protection
activities and special legislative measures to deal with incidents
on a larger scale has meant that the Act has introduced a new
updated definition of “emergency” appropriate for the type of
threats and risks that the UK now faces in the 21st century. The
Act is separated into two parts: local arrangements for civil
protection (Part 1) and emergency powers (Part 2) but across both
the definition is almost identical. The new definition defines an
emergency as: “an event or situation which threatens serious
damage to human welfare in a place in the United Kingdom; the
environment of a place in the United Kingdom; or the security of
the United Kingdom or of a place in the United Kingdom” and is
designed to encompass emergencies from localised incidents to
catastrophic emergencies. For Part 1 of the Act the definition
covers the array of potential incidents which local responders must
prepare for as per their civil protection duties. Part 2 on the
other hand covers the emergency powers the Government may grant to
facilitate the response to an emergency.
Part 1 - local arrangements for civil protection
This part of the Act divides emergency responders into two
categories. Category 1 responders have a primary
role in the response to an incident and includes:
- Local Authorities
- Government Agencies
- Emergency Services
- NHS Bodies
They have the following duties placed upon them:
- Risk assessment
- Develop Emergency Plans
- Develop Business Continuity Plans
- Arrange to make information available to the public about civil
protection matters and maintain arrangements to warn, inform and
advise the public in the event of an emergency
- Share information with other local responders to enable greater
co-ordination
- Co-operate with other local responders to enhance co-ordination
and efficiency
A final duty applies to Local Authorities alone and that is:
- To provide advice and assistance to businesses and voluntary
organisations about business continuity management Category 2
responders have a supportive role in planning for and responding to
emergencies.
Category 2 responders include:
- Utilities
- Transport companies
- Government (Health and Safety Executive)
- Health (The Common Services Agency in Scotland)
Category 2 organisations are placed under lesser obligations
beneath the Act. Primarily their role is co-operating and sharing
relevant information with Category 1 responders. They should be
engaged in discussions where they can add value. Furthermore, they
must respond to reasonable requests.
These are not definitive lists of category 1 and 2 responders as
the Act is flexible in altering membership to take account of
future developments.
Local Resilience Forums
It is required that Category 1 and 2 organisations come together
to form
“Local Resilience Forums” based on police
areas to aid co-ordination and co-operation between responders
at a local level. However, in London arrangements are
slightly different. The Central London Resilience Forum
consists of representatives from the following local
authorities - City of London, Southwark, Kensington and
Chelsea, Westminster, Lambeth and Tower Hamlets.
Part 2 - emergency powers
The Act permits the creation of temporary special legislation
aimed at dealing with a serious emergency that fits within the new
definition. Furthermore, it allows for the use of emergency powers
on a regional basis. This enables any special temporary legislation
to apply only in the part of the UK affected by the emergency,
leaving the rest of the country unaffected.
There are, however, stipulations in the Act designed to ensure
that emergency powers are not misused and are applied in a directed
and balanced manner.
The Act also introduces the position of a “Regional Nominated
Co-ordinator.” This individual will be an experienced crisis
manager with expert knowledge of the particular type of emergency
in question who, if emergency powers are invoked, will act as the
focal point for co-ordination of response efforts at the regional
or devolved administration level.
Conclusion
The Consultation process on the Guidance and Regulations began
on 9 December and continues until 3 March 2005. All these documents
and a response form are available on the
UK Resilience
website.
If you have any comments or questions regarding the Civil
Contingencies Act please
email the group.