The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 No. 2042

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STATUTORY INSTRUMENTS

2005 No. 2042
CIVIL CONTINGENCIES
The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005

	Made	22nd July 2005
	Laid before Parliament	27th July 2005
	Coming into force	14th November 2005

ARRANGEMENT OF REGULATIONS

PART 1
Introductory

1.	Citation and commencement

2.	Northern Ireland

3.	Interpretation

PART 2
General

4.	Co-operation and local resilience forums – England and Wales

5.	Co-operation and strategic co-ordination groups – Scotland

6.	Co-operation – Northern Ireland

Protocols

8.	Joint discharge of functions etc.

9.	Identification of Category 1 responder with lead responsibility

10.	Role of Category 1 responder with lead responsibility

11.	Role of Category 1 responders which do not have lead responsibility

12.	Existing emergency planning duties

PART 3
Duty to assess risk of emergency occurring

13.	Kinds of emergency in relation to which risk should be assessed

14.	Guidance and assessments issued by Minister etc. as to likelihood and impact

15.	Community risk register – England and Wales

16.	Sharing of community risk register – England and Wales

17.	Community risk register – Scotland

18.	Provision of information relating to assessment of risk to other responders

PART 4
Duty to maintain plans

19.	Risk assessment

20.	Arrangements to warn, inform and advise the public

21.	Generic and specific plans

22.	Multi-agency emergency plans

23.	Voluntary organisations

24.	Procedure for determining whether an emergency has occurred

25.	Training and exercises

26.	Plan revision

PART 5
Publication of plans and assessments

27.	Alarming the public unnecessarily

PART 6
Arrangements for warning and provision of information and advice to the public

28.	Duty to have regard to emergency plans

29.	Generic and specific arrangements to warn etc.

30.	Alarming the public unnecessarily

31.	Training and exercises

32.	Identification of Category 1 responder with lead responsibility for warning, informing and advising

33.	Arrangements to be maintained by general Category 1 responder with lead responsibility

34.	Arrangements to be maintained by other general Category 1 responders

35.	Advice etc. provided by other responders and other bodies

PART 7
Advice and assistance to business and voluntary organisations

36.	Interpretation of Part 7

37.	Transitional provision

38.	Risk assessment

39.	Extent of the duty under section 4(1) in relation to business

40.	Extent of the duty under section 4(1) in relation to voluntary organisations

41.	Co-operation, relevant responder with lead responsibility etc.

42.	Co-operation with Scottish Category 1 responders

43.	Activities of other responders

44.

Charging

PART 8
Information

45.	Sensitive information

46.	Sensitive information – certificates in relation to national security

47.	Information sharing – making a request for information

48.	Information sharing – procedure for making a request

49.	Information sharing – obligation to provide information

50.	Information sharing – response to request

51.	Disclosure or publication of sensitive information

52.	Use of sensitive information

53.	Security of sensitive information

54.	Health and Safety at Work etc Act 1974

PART 9
London

55.	Role of London Fire and Emergency Planning Authority

56.	Role of other Category 1 responders in London

PART 10
Northern Ireland

57.	Duty to have regard to the activities of other bodies involved in civil protection

58.	Joint discharge of functions etc.

SCHEDULE

Regulation 3(1)

Local resilience areas in London

The Minister for the Cabinet Office, in exercise of the powers conferred by sections 2(3) and (5), 4(2), (4) and (5), 6(1), 12, 15(3) and 17(6) of the Civil Contingencies Act 2004[1] and –

PART 1

Introductory

Citation and commencement

—(1) These Regulations may be cited as the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005.

(2) These Regulations come into force on 14th November 2005.

Northern Ireland

Regulations 4, 5, 9 to 11, 15 to 17, 32 to 34 and 36 to 44 do not extend to Northern Ireland.

Interpretation

—(1) In these Regulations –

"the Act" means the Civil Contingencies Act 2004;

"the Assembly" means the National Assembly for Wales;

"body which deals with security matters" means any of –

"Category 1 responder" means a person or body listed in Part 1 or 2 of Schedule 1[

"Category 2 responder" means a general Category 2 responder or a Scottish Category 2 responder;

"community risk register" has the meaning given by –

"emergency" has the meaning given by section 1(1);

"function" has the meaning given by section 18(1);

"general Category 1 responder" means a person or body listed in Part 1 of Schedule 1;

"general Category 2 responder" means –

"general responder" means a general Category 1 responder or a general Category 2 responder;

"local resilience area" in relation to each general responder (other than a general responder whose functions are exercisable only in Northern Ireland) means –

"local resilience forum" has the meaning given by regulation 4(3);

"non-lead general Category 1 responders" has the meaning given in regulation 9(4);

"relevant railway operator" means a person who holds a licence under section 8 of the Railways Act 1993 (operation of railway assets) in so far the licence relates to activity in Great Britain and in so far as the licence held is –

except where such a licence is held only for the purpose of carrying out light maintenance activities (within the meaning of that Act);

"responder" means a Category 1 responder or a Category 2 responder;

"Scottish Category 1 responder" means a person or body listed in Part 2 of Schedule 1;

"Scottish Category 2 responder" means –

"sensitive information" has the meaning given by regulation 45;

"strategic co-ordinating group" has the meaning given by regulation 5(3);

"voluntary organisation" means a body (other than a public or local authority) whose activities are not carried on for profit.

(2) In these Regulations, unless otherwise specified, any reference to a section, Part or Schedule is a reference to that section or Part of, or Schedule to, the Act.

PART 2

General

Co-operation and local resilience forums – England and Wales

—(1) General Category 1 responders which have functions which are exercisable in a particular local resilience area in England or Wales must co-operate with each other in connection with the performance of their duties under section 2(1).

(2) The co-operation referred to in paragraph (1) –

    (3) The form of co-operation referred to in paragraph (2)(b) is referred to in these Regulations as the "local resilience forum".

    (4) As part of the local resilience forum, general Category 1 responders which have functions which are exercisable in a particular local resilience area in England and Wales must make arrangements to hold a meeting at least once every six months; each general Category 1 responder must, so far as reasonably practicable, attend such a meeting or be effectively represented at that meeting.

    (5) General Category 2 responders which have functions which are exercisable in a particular local resilience area in England or Wales must co-operate with each general Category 1 responder which has functions which are exercisable in that local resilience area in connection with the performance by that general Category 1 responder of its duties under section 2(1).

    (6) A general Category 2 responder which has functions which are exercisable in a particular local resilience area in England or Wales –

(7) For the purposes of enabling general Category 2 responders to comply with paragraph (6), the general Category 1 responders which have functions which are exercisable in a particular local resilience area in England and Wales must –

(b) make arrangements for a general Category 2 responder to attend any such meetings where the general Category 2 responder wishes to do so; and

(c) consider whether a general Category 2 responder should be invited to attend such a meeting.

Co-operation and strategic co-ordination groups – Scotland
5. —(1) General Category 1 responders which have functions which are exercisable in a particular local resilience area in Scotland must co-operate with each Category 1 responder which has functions which are exercisable in that local resilience area in connection with the performance by that other responder of its duties under section 2(1).

(2) The co-operation referred to in paragraph (1) –

(a) may take the form of one general Category 1 responder co-operating with one or more Category 1 responder; and

(b) must take the form of general Category 1 responders co-operating with the other Category 1 responders which have functions which are exercisable in that local resilience area in a single forum.

    (3) The form of co-operation referred to in paragraph (2)(b) is referred to in these Regulations as the "strategic co-ordinating group".

    (4) As part of the strategic co-ordinating group, general Category 1 responders which have functions which are exercisable in a particular local resilience area in Scotland must make arrangements to hold a meeting with the other Category 1 responders which have functions which are exercisable in that local resilience area at least once every six months; each general Category 1 responder must, so far as reasonably practicable, attend such a meeting or be effectively represented at that meeting.

    (5) General Category 2 responders which have functions which are exercisable in a particular local resilience area in Scotland must co-operate with each Category 1 responder which has functions which are exercisable in that local resilience area in connection with the performance by that Category 1 responder of its duties under section 2(1).

    (6) A general Category 2 responder which has functions which are exercisable in a particular local resilience area in Scotland –

(a) must, so far as reasonably practicable, attend a meeting of the strategic co-ordinating group for that local resilience area or be effectively represented at that meeting if it is invited to do so by all of those Category 1 responders which have functions which are exercisable in that local resilience area; and

(b) in the case of any other meeting of that local resilience forum, must consider whether it is appropriate for it to attend the meeting or to be effectively represented at the meeting.

(7) Paragraph (8) applies for the purposes of –

(a) enabling general Category 2 responders to comply with paragraph (6); and

(b) enabling Scottish Category 2 responders to comply with a provision in regulations made by the Scottish Ministers under Part 1 which imposes an obligation on Scottish Category 2 responders which is analogous to that imposed on general Category 2 responders under paragraph (6).

(8) For the purposes specified in paragraph (7), general Category 1 responders which have functions which are exercisable in a particular local resilience area in Scotland must –

(a) keep each Category 2 responder which has functions which are exercisable in that local resilience area informed of –

(b) make arrangements for a Category 2 responder to attend any such meetings where the Category 2 responder wishes to do so; and

(c) consider whether a Category 2 responder should be invited to attend such a meeting.

Co-operation – Northern Ireland
     6. —(1) General Category 1 responders which have functions which are exercisable in Northern Ireland must co-operate with each other in connection with the performance of their duties under section 2(1).

    (2) General Category 2 responders which have functions which are exercisable in Northern Ireland must co-operate with each Category 1 responder which has functions which are exercisable in Northern Ireland in connection with the performance by that Category 1 responder of its duties under section 2(1).

Protocols
     7. —(1) In order to facilitate co-operation under regulation 4 or 6, general responders may enter into protocols with each other.

    (2) In order to facilitate co-operation under regulation 5 or under a provision in regulations made by the Scottish Ministers under Part 1 which imposes an analogous duty on Scottish Category 1 responders or Scottish Category 2 responders, general responders may enter into protocols with Scottish Category 1 responders.

    (3) Such protocols may in particular include provisions which relate to –

(a) the timing of co-operation;

(b) the form of co-operation;

(c) contact details for the individuals who are to be involved in the co-operation.

Joint discharge of functions etc.
8. Each general Category 1 responder may –

(a) perform a duty under section 2(1) jointly with another responder;

(b) make arrangements with another responder for that responder to perform such a duty on behalf of the general Category 1 responder.

(a) take the lead responsibility in performing that duty in that local resilience area;

(b) consult the Category 1 responders which –

in the course of performing the duty;

(c) ensure that those non-lead Category 1 responders are kept informed of how the Category 1 responder with the lead responsibility is performing the duty;

(d) co-operate with those non-lead Category 1 responders (and in particular, co-operate for the purpose of ensuring so far as is reasonably practicable that those Category 1 responders approve of the way in which the Category 1 responder with lead responsibility is performing the duty).

Role of Category 1 responders which do not have lead responsibility
11. —(1) Paragraph (2) applies if a Category 1 responder has been identified as the responder with lead responsibility in a local resilience area for the performance of a relevant civil protection duty pursuant to regulation 9 or an analogous provision in regulations made by the Scottish Ministers under Part 1.

(2) Where this paragraph applies, a general Category 1 responder which has functions which are exercisable in that local resilience area and which are non-lead Category 1 responders in relation to that duty –

(a) must co-operate with the Category 1 responder with lead responsibility for performing that duty in connection with the performance of that duty by the Category 1 responder with lead responsibility;

(b) must provide any information to the Category 1 responder with lead responsibility for performing that duty which it considers will assist that responder in performing that duty (unless the information is sensitive information);

(c) must assist the Category 1 responder with lead responsibility for performing that duty with any exercises or training that that Category 1 responder wishes to carry out in connection with that duty;

(d) need not perform that duty to the extent that to do so would unnecessarily duplicate the performance of that duty by the Category 1 responder which has lead responsibility for performing that duty in that local resilience area.

Existing emergency planning duties
12. General Category 1 responders need not perform a duty under section 2(1) in relation to an emergency which is –

(a) a major accident, within the meaning of regulation 2(1) of the Control of Major Accident Hazards Regulations 1999[

PART 3

Duty to assess risk of emergency occurring

Kinds of emergency in relation to which risk should be assessed

13.

A general Category 1 responder need only perform the duty under section 2(1)(a) (duty to assess risk of emergency occurring) in relation to an emergency which affects or may affect the area in which the functions of the general Category 1 responder are exercisable.

Guidance and assessments issued by Minister etc. as to likelihood and impact

14.

—(1) A Minister of the Crown may issue to a general Category 1 responder guidance as to –

    (2) A Minister of the Crown may issue to a general Category 1 responder an assessment of the matter specified in sub-paragraph (a) or (b) of paragraph (1).

    (3) A Minister of the Crown shall consult the Assembly before issuing to a general Category 1 responder which has functions which are exercisable in Wales guidance under paragraph (1) or an assessment under paragraph (2) which relates to the exercise of such functions in Wales.

    (4) The Assembly may, with the consent of a Minister of the Crown, issue to a general Category 1 responder which has functions which are exercisable in Wales guidance as to –

(5) The Assembly may, with the consent of the Minister of the Crown, issue to a general Category 1 responder which has functions which are exercisable in Wales an assessment of the matter specified in sub-paragraph (a) or (b) of paragraph (3).

(6) The Office of the First Minister and Deputy First Minister may issue to a general Category 1 responder which has functions which are exercisable in Northern Ireland guidance as to –

(7) The Office of the First Minister and Deputy First Minister may issue to a general Category 1 responder which has functions which are exercisable in Northern Ireland an assessment of the matter specified in sub-paragraph (a) or (b) of paragraph (5).

(8) The Scottish Ministers may issue to a general Category 1 responder which has functions which are exercisable in Scotland guidance as to –

(9) The Scottish Ministers may issue to a general Category 1 responder which has functions which are exercisable in Scotland an assessment of the matter specified in sub-paragraph (a) or (b) of paragraph (7).

(10) In performing its duty under section 2(1)(a), a general Category 1 responder must –

    (11) Any guidance issued under paragraph (1), (4), (6) or (8) or assessment issued under paragraph (2), (5), (7) or (9) must be in writing.

Community risk register – England and Wales
     15. —(1) As part of the local resilience forum, general Category 1 responders which have functions which are exercisable in a particular local resilience area in England or Wales must co-operate with each other in maintaining a register ("the community risk register") of the assessments carried out by each general Category 1 responder under section 2(1)(a).

    (2) For the purpose of complying with paragraph (1), each general Category 1 responder must, subject to paragraph (3), from time to time inform the other general Category 1 responders which have functions which are exercisable in that local resilience area of the assessment carried out by it under section 2(1)(a).

    (3) Paragraph (2) does not apply to the extent that an assessment carried out by a general Category 1 responder contains sensitive information and the general Category 1 responder has reasonable grounds to believe that informing the other general Category 1 responders of the assessment would –

(a) in the case of sensitive information of the kind specified by paragraph (1)(a) of regulation 45, adversely affect national security;

(b) in the case of sensitive information of the kind specified by paragraph (1)(b), (c) or (d) of regulation 45, adversely affect the confidentiality of the information.

(4) In performing its duties under section 2(1)(a) and (b), a general Category 1 responder which has functions which are exercisable in Scotland must have regard to any relevant community risk register maintained under this regulation.

Provision of information relating to assessment of risk to other responders
18. A general Category 1 responder must consider whether it is appropriate to provide information about the risk of a particular emergency or an emergency of a particular kind occurring to a Category 1 responder which –

(a) is likely to be seriously obstructed in the performance of its functions if that emergency or an emergency of that particular kind occurred; or

(b) is likely to consider it necessary or desirable to take action to –

and would be unable to take that action without changing the deployment of resources or acquiring additional resources.

PART 4

Duty to maintain plans
Risk assessment

19.

In performing its duty under section 2(1)(c) or (d) (duty to maintain business continuity plans and emergency plans), a general Category 1 responder must have regard to any relevant assessment which it has carried out under section 2(1)(a) or (b).

Arrangements to warn, inform and advise the public

20.

In performing its duty under section 2(1)(d), a general Category 1 responder must have regard to any relevant arrangements which it maintains under section 2(1)(g) (arrangements to warn the public, and to provide information and advice to the public, if an emergency is likely to occur or has occurred).

Generic and specific plans

21.

In performing its duty under section 2(1)(c) or (d), a general Category 1 responder –

Multi-agency emergency plans
22. —(1) Paragraph (2) applies to a general Category 1 responder if it has a duty under section 2(1)(d) in relation to a particular emergency or an emergency of a particular kind, and another Category 1 responder has –

(a) a duty under section 2(1)(d) in relation to that emergency or an emergency of that kind; and

(b) functions which are exercisable in a local resilience area in which the functions of the general Category 1 responder are exercisable.

    (2) Where this paragraph applies, the general Category 1 responder must consider whether it would be appropriate to perform the duty under section 2(1)(d) in relation to that emergency or an emergency of that kind by collaborating with that other Category 1 responder in maintaining a multi-agency plan.

    (3) In paragraph (2), a "multi-agency plan" means a plan maintained by more than one Category 1 responder acting jointly.

Voluntary organisations
     23. —(1) In performing its duty under section 2(1)(c) or (d), a general Category 1 responder must have regard to the activities of voluntary organisations which carry on activities –

(a) in the area in which the functions of that general Category 1 responder are exercisable; and

(b) which are relevant in an emergency.

(2) For the purposes of paragraph (1), a voluntary organisation carries on activities which are relevant in an emergency if it carries on activities for the purpose of –

(a) preventing an emergency;

(b) reducing, controlling or mitigating the effects of an emergency; or

(c) taking other action in connection with an emergency.

    (3) For the purposes of paragraph (2), it is immaterial if the voluntary organisation also carries on activities for other purposes.

Procedure for determining whether an emergency has occurred
     24. —(1) Every plan maintained by a general Category 1 responder under section 2(1)(c) must include a procedure for determining whether an emergency which is likely seriously to obstruct the general Category 1 responder in the performance of its functions has occurred.

    (2) Any plan maintained by a general Category 1 responder under section 2(1)(d) must include a procedure for determining whether –

(a) an emergency which makes it necessary or desirable for it to take action to prevent the emergency, to reduce, control or mitigate its effects or otherwise in connection with it has occurred; and

(b) whether the general Category 1 responder would be able to take that action without changing the deployment of resources or acquiring additional resources.

(3) The procedure under paragraph (1) or (2) must –

(a) identify the person who should determine whether an emergency of the kind specified in paragraph (1) or (2) (as appropriate) has occurred or enable that person to be identified;

(b) specify the procedure which that person should adopt in taking that decision;

(c) specify the persons who should be consulted before such a decision is taken;

(d) specify the persons who should be informed once such a decision is taken.

Training and exercises
25. Every plan maintained by a general Category 1 responder under section 2(1)(c) or (d) must include provision for –

(a) the carrying out of exercises for the purpose of ensuring that the plan is effective;

(b) the provision of training of –

for the purposes of ensuring that the plan is effective.

Plan revision
26. If a Minister of the Crown, the Assembly, the Office of the First Minister and the Deputy First Minister or the Scottish Ministers issues guidance or an assessment under regulation 14 to a general Category 1 responder, that general Category 1 responder must consider whether that guidance or assessment makes it necessary or expedient to add to or to modify plans maintained under section 2(1)(c) or (d).

PART 5

Publication of plans and assessments
Alarming the public unnecessarily

27.

In performing its duty under section 2(1)(f) (duty to arrange for the publication of assessments and plans), a general Category 1 responder must have regard to the importance of not alarming the public unnecessarily.

PART 6
Arrangements for warning and provision of information and advice to the public
Duty to have regard to emergency plans

28.

In performing its duty under section 2(1)(g) (duty to maintain arrangements to warn, inform and advise the public if an emergency occurs or is likely to occur), a general Category 1 responder must have regard to any relevant plan which it maintains under section 2(1)(d).

Generic and specific arrangements to warn etc.

29.

In performing its duty under section 2(1)(g), a general Category 1 responder –

Alarming the public unnecessarily
30. In performing its duty under section 2(1)(g), a general Category 1 responder must have regard to the importance of not alarming the public unnecessarily.

Training and exercises
31. The arrangements maintained by a general Category 1 responder under section 2(1)(g) must include provision for –

(a) the carrying out of exercises for the purpose of ensuring that the arrangements are effective; and

(b) the provision of training of –

for the purpose of ensuring that the arrangements are effective.

Identification of Category 1 responder with lead responsibility for warning, informing and advising
     32. —(1) Paragraph (2) applies if more than one Category 1 responder which has functions which are exercisable in a particular local resilience area is subject to a duty under section 2(1)(g) in relation to a particular emergency or an emergency of a particular kind.

    (2) If this paragraph applies, each general Category 1 responder which has functions which are exercisable in that local resilience area and which is subject to that duty must co-operate with the other Category 1 responders which have functions which are exercisable in that local resilience area and which are subject to that duty for the purpose of identifying which of them will be the Category 1 responder with lead responsibility for warning the public and for providing information and advice to the public if the emergency to which that duty relates, or an emergency of the kind to which that duty relates, is likely to occur or has occurred.

    (3) In performing their duty under paragraph (2), general Category 1 responders –

(a) may identify a particular Category 1 responder as the Category 1 responder with lead responsibility for warning the public and providing information and advice to the public in relation to a particular emergency or an emergency of a particular kind before that emergency or an emergency of that kind is likely to occur or has occurred;

(b) may adopt a procedure by virtue of which the Category 1 responder with lead responsibility for warning the public and providing information and advice to the public may be identified when a particular emergency or an emergency of a particular kind is likely to occur or has occurred; and

(c) may adopt a procedure by virtue of which the identity of the Category 1 responder with lead responsibility for warning the public and providing information and advice to the public (whether identified by virtue of arrangements of the kind specified in sub-paragraph (a) or (b)) may be changed when an emergency is likely to occur or has occurred.

Arrangements to be maintained by general Category 1 responder with lead responsibility
33. —(1) Paragraph (2) applies to a general Category 1 responder which –

(a) has been, pursuant to regulation 32 or an analogous provision in regulations made by the Scottish Ministers under Part 1, identified as the Category 1 responder with lead responsibility for warning the public and providing advice and information in a particular local resilience area if a particular emergency or an emergency of a particular kind is likely to occur or has occurred; or

(b) is likely to be identified as the Category 1 responder with lead responsibility for that activity by virtue of procedures adopted pursuant to regulation 32(2)(b) or (c) or an analogous provision in regulations made by the Scottish Ministers under Part 1.

(2) A general Category 1 responder to which this paragraph applies must ensure so far as reasonably practicable that the arrangements maintained under section 2(1)(g) in relation to a particular emergency or an emergency of a particular kind in relation to which it has the lead responsibility for warning the public and providing advice and information ensure that –

(a) it is able to contact the other Category 1 responders which have functions which are exercisable in that local resilience area and which are subject to a duty under section 2(1)(g) in relation to that emergency or an emergency of that particular kind;

(b) it informs those Category 1 responders of the actions it is taking, and action that it proposes to take, to warn the public and to provide information and advice to the public;

(c) it is able to collaborate with those Category 1 responders in warning the public and providing information and advice to the public.

Arrangements to be maintained by other general Category 1 responders
34. The arrangements maintained by a general Category 1 responder under section 2(1)(g) in relation to a particular emergency or an emergency of a particular kind in relation to which it is not the Category 1 responder with lead responsibility for warning the public and providing advice and information must provide for that general Category 1 responder –

(a) to consult the Category 1 responder with lead responsibility for warning the public and providing advice and information to the public in that local resilience area in relation to that emergency or an emergency of that particular kind on a regular basis;

(b) to inform the Category 1 responder referred to in paragraph (a) of the actions that it is taking and action that it proposes to take to warn the public, and to provide information and advice to the public.

Advice etc. provided by other responders and other bodies
35. —(1) In performing its duty under section 2(1)(g), general Category 1 responders –

(a) must have regard to the arrangements maintained by each of the following persons to warn the public, and to provide information and advice to the public, if an emergency is likely to occur or has occurred –

(b) need not maintain arrangements to warn the public, and to provide information and advice to the public, which would unnecessarily duplicate the information, warning and advice which is likely to be provided by those persons under those arrangements.

(2) For the purposes of paragraph (1), it is immaterial whether the person specified in paragraph (1)(a) maintains arrangements to warn the public, and to provide information and advice to the public, if an emergency is likely to occur or has occurred by virtue of section 2(1)(g), a duty under another enactment or otherwise.

PART 7

Advice and assistance to business and voluntary organisations
Interpretation of Part 7

36.

In this Part of the Regulations –

Transitional provision
37. Until 15^t^h May 2006, these Regulations shall have effect as if –

(a) each reference to performing a duty under section 4(1) were a reference to exercising a power under section 4(1);

(b) each reference to the duty under section 4(1) were a reference to the power under section 4(1);

(c) in regulation 39(3)(a), for "must" there were substituted "may".

Risk assessment
     38. In performing its duty under section 4(1) (duty to give advice and assistance to business and voluntary organisations), a relevant responder must take into account any relevant community risk register maintained by virtue of regulation 15.

Extent of the duty under section 4(1) in relation to business
     39. —(1) This regulation applies to the duty of a relevant responder under section 4(1) in so far as it relates to advice and assistance to business.

    (2) A relevant responder need only give advice and assistance to those businesses which carry on commercial activities in the area in which the functions of the relevant responder are exercisable.

    (3) In the course of performing that duty, a relevant responder –

(a) must, subject to paragraph (2), provide advice and assistance to businesses at large;

(b) may provide advice and assistance to an individual business; and

(c) may provide advice and assistance to businesses in connection with –

(4) In paragraph (3), "business continuity consultant" means a person who –

(a) is competent to provide advice and assistance to business; and

(b) has experience of so doing.

Extent of the duty under section 4(1) in relation to voluntary organisations
     40. —(1) This regulation applies to the duty of a relevant responder under section 4(1) in so far as it relates to advice and assistance to voluntary organisations.

    (2) A relevant responder need only provide advice and assistance to those voluntary organisations which it considers appropriate.

    (3) A relevant responder may determine the manner in which such advice and assistance is provided, and may in particular –

(a) provide advice and assistance to voluntary organisations at large;

(b) provide advice and assistance to an individual voluntary organisation; and

(c) provide advice and assistance to voluntary organisations in connection with –

(4) In paragraph (3), "business continuity consultant" means a person who –

(a) is competent to provide advice and assistance to voluntary organisations; and

(b) has experience of so doing.

(5) In determining whether a voluntary organisation is appropriate for the purposes of paragraph (2), a relevant responder must consider –

(a) whether the organisation carries on activities in the area in which the functions of the relevant responder are exercisable;

(b) the nature and extent of activities carried on by the organisation, and in particular the extent to which the organisation carries on activities which contribute to –

(c) the number of staff employed by the organisation;

(d) the turnover of the organisation;

(e) the nature of the organisation, and in particular whether the nature of the organisation is such that the advice and assistance provided by the relevant responder is likely to improve the ability of the organisation to continue to carry on its activities in the event of an emergency.

Co-operation, relevant responder with lead responsibility etc.
     41. —(1) Relevant responders which have functions which are exercisable in a particular local resilience area must co-operate with each other in connection with the performance of their duty under section 4(1).

    (2) General responders (other than relevant responders) which have functions which are exercisable in a particular local resilience area must co-operate with each relevant responder which has functions which are exercisable in that local resilience area in connection with the performance by that relevant responder of its duty under section 4(1).

    (3) A relevant responder may –

(a) perform its duty under section 4(1) jointly with another responder;

(b) make arrangements with another responder for that responder to perform such a duty on behalf of the relevant responder.

(4) Regulations 9, 10 and 11 apply to relevant responders for the purpose of performing the duty under section 4(1) as if –

(a) each reference to a Category 1 responder or a general Category 1 responder were a reference to a relevant responder;

(b) each reference to a relevant civil protection duty were a reference to the duty under section 4(1) in relation to an emergency or an emergency of a particular kind.

Co-operation with Scottish Category 1 responders
42. General responders may co-operate with a Scottish Category 1 responder in connection with the performance by that Scottish Category 1 responder of the duty under section 4(1).

Activities of other responders
43. —(1) In performing its duty under section 4(1), a relevant responder –

(a) must have regard to any advice and assistance to business or advice and assistance to voluntary organisations provided by other responders which have functions which are exercisable in the area in which the functions of the relevant responder are exercisable; and

(b) need not perform that duty to the extent that to do so would unnecessarily duplicate that advice and assistance.

(2) For the purposes of paragraph (1), it is immaterial whether the advice and assistance provided by another responder is provided by virtue of section 4(1), a duty under another enactment or otherwise.

Charging
44. Relevant responders may make a charge for advice or assistance provided on request under section 4(1) (including advice and assistance which it is required to provide under regulation 39(3)(a)) but that charge must not exceed the aggregate of –

(a) the direct costs of providing the advice or assistance; and

(b) a reasonable share of any costs indirectly related to the provision of the advice or assistance.

PART 8

Information
Sensitive information

45.

—(1) In these Regulations, "sensitive information" means information which is –

(a) information the disclosure of which to the public would, or would be likely to, adversely affect national security;

(b) information the disclosure of which to the public would, or would be likely to, adversely affect public safety;

(c) information disclosure of which to the public would, or would be likely to, prejudice the commercial interests of any person; or

(d) information which is personal data, within the meaning of section 1(1) of the Data Protection Act 1998[

(2) The condition in this paragraphs is –

(b) in any other case, that the disclosure of the information to a member of the public would contravene any of the data protection principles if the exemptions in section 33A(1) of that Act[13] (which relate to manual data held by public authorities) were disregarded.

    (3) The condition in this paragraph is that by virtue of any provision of Part 4 of the Data Protection Act 1998 the information is exempt from section 7(1)(c) of that Act (data subject's right of access to personal data).

    (4) In determining for the purposes of paragraph (2) whether anything done before 24^t^h October 2007 would contravene the data protection principles, the exemptions in Part 3 of Schedule 8 to the Data Protection Act 1998 shall be disregarded.

Sensitive information – certificates in relation to national security
     46. —(1) A certificate signed by a Minister of the Crown certifying that disclosure of information to the public would, or would be likely to, adversely affect national security is conclusive evidence of that fact.

    (2) A certificate under paragraph (1) may identify the information to which it applies by means of a general description and may be expressed to have prospective effect.

    (3) A document purporting to be a certificate under paragraph (1) shall be received in evidence and deemed to be such a certificate unless the contrary is proved.

    (4) A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate issued by that Minister under paragraph (1) shall in any legal proceedings be evidence (or in Scotland, sufficient evidence) of that certificate.

    (5) The power conferred by paragraph (1) on a Minister of the Crown shall not be exercisable except by a Minister who is a member of the Cabinet or by the Attorney General, the Advocate General for Scotland or the Attorney General for Northern Ireland.

Information sharing – making a request for information
     47. —(1) Paragraph (4) applies to a Category 1 responder or a Category 2 responder (referred to in this Part of the Regulations as the "requesting responder") to the extent that it is satisfied that the conditions in paragraphs (2) and (3) are satisfied.

    (2) The condition in this paragraph is that the requesting responder reasonably requires information which is held by a general Category 1 responder or a general Category 2 responder –

(a) in connection with the performance of a duty under section 2(1)(a) to (d) or section 4(1); or

(b) in connection with the performance of another function which relates to an emergency.

(3) The condition in this paragraph is that the requesting responder is satisfied that –

(a) the information is not held by the requesting responder; and

(b) it is not reasonable to seek to obtain the information by other means.

(4) To the extent that this paragraph applies, the requesting responder may make a request for the information to a general Category 1 responder or a general Category 2 responder (referred to in this Part of the Regulations as "the receiving responder").

Information sharing – procedure for making a request
48. —(1) In this Part of the Regulations, a reference to a "request for information" is a reference to such a request which –

(a) is in writing;

(b) states the name of the requesting responder and an address for correspondence;

(c) describes the information requested; and

(d) states the reason why the requesting responder requires the information in connection with the performance of a duty under section 2(1)(a) to (d) or section 4(1) or in connection with the performance of another function which relates to an emergency (as the case may be).

(2) For the purposes of paragraph (1), a request is to be treated as made in writing where the text of the request –

(a) is transmitted by electronic means;

(b) is received in legible form; and

(c) is capable of being used for subsequent reference.

Information sharing – obligation to provide information
49. —(1) Subject to paragraphs (2) and (4), the receiving responder must comply with a request for information.

(2) To the extent that the receiving responder is satisfied that –

(a) the request for information relates to sensitive information of the kind specified by paragraph (1)(a) of regulation 45 and disclosure to the requesting responder would, or would be likely to, adversely affect national security;

(b) the request for information relates to sensitive information of the kind specified by paragraph (1)(b), (c) or (d) of regulation 45 and disclosure to the requesting responder would, or would be likely to, adversely affect the confidentiality of the information,

the receiving responder must not comply with the request for information.

    (3) If a receiving responder refuses to comply with a request in the circumstances specified in paragraph (2)(b), it must give reasons.

    (4) To the extent that the receiving responder is satisfied that a request for information relates to sensitive information which has been directly or indirectly supplied to the receiving responder by a body which deals with security matters, the receiving responder must not comply with the request unless that body has given its consent to the provision of the information to the requesting responder; such consent may contain conditions.

Information sharing – response to request
     50. The receiving responder must respond to the request for information –

(a) before the end of such reasonable period as may be specified by the requesting responder; and

(b) at such place as may be reasonably specified by that responder.

Disclosure or publication of sensitive information
51. —(1) Except where required to do so under another provision of these Regulations, a general responder must not publish or disclose to any person sensitive information which –

(a) it has received under or by virtue of a provision of these Regulations; or

(b) it has received under or by virtue of a provision in regulations made by the Scottish Ministers under Part 1,

unless paragraph (2) or (6) applies.

(2) This paragraph applies, subject to paragraph (3), if consent for the publication or disclosure has been given by –

(a) in relation to sensitive information of the kind specified by paragraph (1)(a) or (b) of regulation 45 the originator of the information or (if different) a Minister of the Crown;

(b) in relation to sensitive information of the kind specified by paragraph (1)(c) or (d) of regulation 45, the person to whom the information relates.

(3) Paragraph (2) does not apply to information of the kind specified by paragraph (1)(a) of regulation 45 if a Minister of the Crown has issued a certificate in writing indicating that publication or disclosure of the information would adversely affect national security.

(4) Consent under paragraph (2) may –

(a) identify the information to which it applies by means of a general description;

(b) be expressed to have prospective effect;

(c) may include conditions.

(5) In paragraph (2), "originator of the information" means –

(a) if the information has been directly or indirectly supplied to the responder by a body which deals with security matters, that body;

(b) if sub-paragraph (a) does not apply, the information takes the form of a document and that document has been created by a public authority, that public authority;

(c) otherwise, the person who supplied the information to the responder.

(6) This paragraph applies if –

(a) the information is sensitive information of the kind specified by paragraph (1)(c) or (d) of regulation 45;

(b) the information is not sensitive information of the kind specified by paragraph (1)(a) or (b) of regulation 45;

(c) the responder is satisfied that the public interest in publishing or disclosing the information outweighs the legitimate interests of the person to whom that information relates; and

(d) the responder has informed the person to whom the sensitive information relates of its intention to publish or disclose the information and its reasons for being satisfied of the matter specified in sub-paragraph (c).

Use of sensitive information
52. —(1) Subject to paragraph (2), sensitive information which a general responder has received –

(a) under or by virtue of a provision of these Regulations;

(b) under or by virtue of a provision in regulations made by the Scottish Ministers under Part 1,

may only be used by that responder for the purpose of performing the function for which, or in connection with which, the information was requested.

(2) Sensitive information may be used for purposes other than those specified in paragraph (1) or (2) if consent for such use is given by –

(a) in relation to sensitive information of the kind specified by paragraph (1)(a) or (b) of regulation 45, the originator or (if different) a Minister of the Crown;

(b) in relation to sensitive information of the kind specified by paragraph (1)(c) or (d) of regulation 45, the person to whom the information relates.

(3) Consent under paragraph (2) may –

(a) identify the information to which it applies by means of a general description;

(b) be expressed to have prospective effect;

(c) may include conditions.

(4) In paragraph (2), "originator of the information" means –

(5) In this regulation, "use" does not include publication or disclosure.

Security of sensitive information
53. —(1) This regulation applies to sensitive information –

(a) received by a general responder under or by virtue of a provision of these Regulations;

(b) received under or by virtue of a provision in regulations made by the Scottish Ministers under Part 1; or

(c) has been created by a general responder in discharging its duties under the Act or these Regulations.

(2) Each general responder must have in place arrangements for ensuring that the confidentiality of sensitive information to which this regulation applies is not adversely affected.

(3) The arrangements specified by paragraph (2) must include arrangements for ensuring that –

(a) sensitive information is clearly identifiable as such;

(b) only those persons who –

have access to sensitive information;

(c) sensitive information is stored in a secure manner;

(d) sensitive information is transferred (including transferral by electronic means) in a secure manner.

Health and Safety at Work etc Act 1974
54. —(1) Sections 28(2) and (7) of the Health and Safety at Work etc Act 1974[14] (restrictions on disclosure of information) do not apply to the disclosure of information by the Health and Safety Executive to another responder if the disclosure is made –

(b) in connection with another function of that responder which relates to emergencies; or

(c) in connection with a function of the Health and Safety Executive which relates to emergencies.

(2) For the purposes of paragraph (1), it is immaterial whether the disclosure is made pursuant to a request made under regulation 47.

(3) In paragraph (1), the reference to the Health and Safety Executive includes a reference to an officer of the Executive.

PART 9

London

Role of London Fire and Emergency Planning Authority

55.

—(1) In London, it shall be the function of London Fire and Emergency Planning Authority to –

(2) In this regulation –

(b) "relevant Category 1 responder" means any Category 1 responder which is specified in paragraph 1 of Schedule 1 (local authorities).

(3) Subsections (2) and (3) of section 1 apply for the purposes of paragraph (2).

Role of other Category 1 responders in London
56. Category 1 responders which have functions which are exercisable in London, other than the London Fire and Emergency Planning Authority, shall co-operate with the London Fire and Emergency Planning Authority in connection with the performance by that Authority of its functions under regulation 55.

PART 10

Northern Ireland
Duty to have regard to the activities of other bodies involved in civil protection

57.

—(1) In performing their duties under section 2(1)(a) (duty to assess risk of emergency occurring), each general Category 1 responder which has functions which are exercisable in Northern Ireland –

(2) In performing their duties under section 2(1)(g) (duty to maintain arrangements to warn, inform and advice the public in the event of an emergency), each general Category 1 responder which has functions which are exercisable in Northern Ireland –

(3) For the purposes of paragraph (2), it is immaterial whether a body specified in paragraph (4) maintain the arrangements by virtue of a duty under an enactment or otherwise.

(4) The bodies specified in this paragraph are –

(a) a Northern Ireland department;

(b) a district council established under the Local Government Act (Northern Ireland) 1972[

Joint discharge of functions etc.
58. Each general Category 1 responder which has functions which are exercisable in Northern Ireland may –

(a) make arrangements with a body specified in paragraph (4) of regulation 57 to perform a duty of the general Category 1 responder under section 2(1) jointly with that body;

(b) make arrangements with such a body for that body to perform such a duty on behalf of the general Category 1 responder.

Jim Murphy
Parliamentary Secretary, Cabinet Office

22nd July 2005

SCHEDULE

Regulation 3(1)

Local resilience areas in London

Borough

Local resilience area

Barking and Dagenham

Barnet

Bexley

Bromley

Brent

Camden

The Common Council of the City of London

Croydon

Ealing

Enfield

Greenwich

Hackney

Hammersmith and Fulham

Haringey

Harrow

Havering

Hillingdon

Hounslow

Islington

Kensington and Chelsea

Kingston upon Thames

Lambeth

Lewisham

Merton

Newham

Redbridge

Richmond upon Thames

Southwark

Sutton

Tower Hamlets

Waltham Forest

Wandsworth

Westminster

North East

North Central

South East

South East

North West

North Central

Central

South East

North West

North Central

South East

North Central

North West

North Central

North West

North East

North West

North West

North Central

Central

South West

Central

South East

South West

North East

North East

South West

Central

South West

Central

North East

South West

Central

For the purposes of this Schedule –

"the North West local resilience area" means the area comprising of the following London boroughs –

"the North Central local resilience area" means the area comprising of the following London boroughs –

"the North East local resilience area" means the area comprising of the following London boroughs –

"the Central local resilience area" means the area comprising of the City of London and the following London boroughs –

"the South East local resilience area" means the area comprising of the following London boroughs –

"the South West local resilience area" means the area comprising of the following London boroughs –

EXPLANATORY NOTE

(This note is not part of the Regulations)

Notes:

[1] 2004 c.36.

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[2] Amended by S.I. 2005/2043.[a] back

[3] 1986 c.31.back

[4] 1990 c.31.back

[5] S.I. 1999/743; amended by the Greater London Authority Act 1999 (c.29) s.328 and S.I. 2002/2469.back

[6] S.I. 2000/93.back

[7] S.I. 1996/825; amended by the Greater London Authority Act 1999 (c.29) s.328.back

[8] S.I. 1997/193.back

[9] S.I. 2001/2975; amended by S.I. 2002/2099 and S.I. 2002/2469.back

[10] S.I. 2001/436.back

[11] 1998 c.29.back

[12] Amended by S.I. 2003/1887.back

[13] Inserted by the Freedom of Information Act 2000 (c.36), section 70.back

[14] 1974 c.37; amended by the Employment Protection Act 1975 (c.71), Schedule 15; the Local Government Act 1985 (c.51), Schedule 14; the Consumer Protection Act 1987 (c.43), Schedule 3; the Norfolk and Suffolk Broads Act 1988 (c.4), Schedule 6; the Education Reform Act 1988 (c.40), Schedule 13; the Water Act 1989 (c.15), Schedule 25; the Environment Act 1995 (c.25), Schedule 22; the Greater London Authority Act 1999 (c.29), Schedule 29; the Railways and Transport Safety Act 2003 (c.20), section 105; S.I. 2004/1822; and S.I. 2004/3363.back

[15] 1972 c.9.back

[16] S.I.. 1986/594.back

[17] S.I.. 1991/194 (N.I. 1).back

[18] S.I. 1972/1265 (N.I. 14).back

[19] 2004 c.17.back

[20] 1990 c.31; amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), Schedule 4.back

[21] 1967 c.37.back

[22] S.I. 1992/231 (N.I. 1)back

[23] S.I. 1996/275 (N.I. 2)back

[a] Amended by Correction Slip. Page 4; footnote (a) should read "Amended by S.I. 2005/2043.".

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Prepared 27 July 2005

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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 No. 2042 URL: http://www.bailii.org/uk/legis/num_reg/2005/20052042.html