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Civil Contingencies Act
Background
Following the fuel crisis and the severe flooding in the autumn and winter of 2000, the Deputy Prime Minister announced a review of emergency planning arrangements. The review included a public consultation exercise which reinforced the Government's conclusion that existing legislation no longer provided an adequate framework for modern civil protection efforts and that new legislation was needed.
The Government carried out a public consultation exercise from June to September 2003 on a draft Bill setting out proposals for a new framework for civil protection work at the local level and a new framework for the use of special legislative measures.
The Bill received Royal Assent on 18 November 2004, and is now known as the Civil Contingencies Act 2004.
Overview of the Act
The Act, and accompanying regulations and non-legislative measures, are intended to deliver a single framework for civil protection in the United Kingdom and will provide a framework to meet the challenges of the 21st century. The Act is separated into two substantive parts: local arrangements for civil protection (Part 1) and emergency powers (Part 2).
This Act now requires all the response agencies identified as Category 1 responders with equal responsibilities in the event of a major emergency.
Part 1- Local Arrangements for Civil Protection
Catogory 1 Responders
| Local Authorities
All principal local authorities Government Agencies Environment Agency Maritime & Coastguard Agency |
Emergency Services
Police Forces British Transport Police Fire Authorities Ambulance Services |
NHS Bodies Primary Care Trusts Health Protection Agency NHS Acute Trusts (Hospitals) Foundation Trusts Port Health Authorities |
Category 1 Responders will have a duty to:
- Assess local risks and use this to inform emergency planning;
- Put in place emergency plans
- Put in place business continuity management arrangements;
- Put in place arrangements 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 enhance co-ordination;
- Co-operate with other local responders to enhance co-ordination and efficiency; and
- Provide advice and assistance to businesses and voluntary organisations about business continuity management. (Local Authorities only)
| Utilities
Electricity Gas Water & sewerage Public communications providers (landlines and mobiles) |
Transport
Network Rail Train operating Companies (Passenger & freight) Transport for London Underground Airports Harbours & Ports Highways Agency |
Government Health & Safety Executive |
Category 2 Responders will be placed under the lesser duties of:
- Co-operating with these organisations; and
- Sharing relevant information
The Act repeals previous legislation (the Emergency Powers Act 1920).It sets out a new definition of what constitutes an emergency appropriate to the times in which we live and incorporates new risks and threats which were not so relevant in 1920, including terrorist attacks, contamination of land following a biological or chemical terrorist attack and loss of communications systems on which we increasingly depend.
The Act introduces a range of other new features, mostly designed to ensure emergency powers cannot be misused and can be targeted and proportionate manner.
For the first time it is possible to use emergency powers on a regional basis. This ensures any special temporary legislation will apply only in the part of the UK affected by the emergency, leaving those elsewhere unaffected.
Further Information
http://www.ukresilience.info/home.htm
Essex County Council's Response to the Act
Essex County Council have now responded to the new Act by developing a training tool through the production of a DVD for all Category 1 and Category 2 responders. A government grant was secured to produce the film which was made in conjunction with the BBC and the Cabinet Office.
The film has been very well received and a request was made by the Cabinet Office to supply all Category 1 responders throughout England and Wales with a copy. A copy of this film is available in all major libraries in Essex.
© Essex County Council 2005