Civil Contingencies Act 2004
Encyclopedia
The Civil Contingencies Act 2004 (c 36) is an Act
of the Parliament of the United Kingdom
that establishes a coherent framework for emergency planning and response ranging from local to national level. It also replaces former Civil Defence and Emergency Powers legislation of the 20th century.
and events which threaten serious damage to human welfare in a place in the United Kingdom or to the environment of a place in the United Kingdom. Previous legislation, which was enacted during or after the second world war, provided for civil protection solely in terms of "civil defence", which was defined as "measures, other than actual combat, for affording defence against a hostile attack by a foreign power". The Act also broadens the number of local bodies which have duties in the event of an emergency, previous legislation only related to local authorities, police authorities and certain fire authorities.
A draft Bill was scrutinised in detail by the Joint Committee on the Draft Civil Contingencies Bill. On the 18 November 2004 the bill received Royal Assent
, becoming the Civil Contingencies Act 2004.
through Order in Council or by a Minister
of the Crown
if arranging for an Order in Council would not be possible without serious delay. Such regulations are limited in duration to 21 days, unless Parliament
votes to extend this period before it expires. The only Act of Parliament which may not be amended by emergency regulations is the Human Rights Act 1998
. There was an attempt by Conservative
and Liberal Democrat
peers to add a number of other key constitutional laws to the exemption list during the Bill stage, but this was unsuccessful. They tried to protect these laws from emergency regulation:
The introduction of the Act comes with increased funding for emergency planning in the United Kingdom to help organisations comply with the Act and brings emergency planning funding more on par with European levels.
Each responder has an emergency planning officer (sometimes called a civil protection officer, civil contingencies officer, resilience officer, or risk manager) who is usually responsible for ensuring their organisation is in compliance with the Act and sharing information with other responders. The usual way of checking compliance is by regularly testing plans by reviews or exercises.
The Civil Contingencies Act 2004 (Commencement) (Scotland) Order 2005 (S.S.I. 2005/493 (C. 26)) was made under sections 34(2) and (3).
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that establishes a coherent framework for emergency planning and response ranging from local to national level. It also replaces former Civil Defence and Emergency Powers legislation of the 20th century.
Background to the Act
The Civil Contingencies Act 2004 repeals the Civil Defence Act 1948 and the Civil Defence Act (Northern Ireland) 1950. Part 1 of the Act establishes a new definition for “emergency”, which is broadly defined. The definition includes war or attack by a foreign power, which were defined as emergency under previous legislation, as well as terrorism which poses a threat of serious damage to the security of the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and events which threaten serious damage to human welfare in a place in the United Kingdom or to the environment of a place in the United Kingdom. Previous legislation, which was enacted during or after the second world war, provided for civil protection solely in terms of "civil defence", which was defined as "measures, other than actual combat, for affording defence against a hostile attack by a foreign power". The Act also broadens the number of local bodies which have duties in the event of an emergency, previous legislation only related to local authorities, police authorities and certain fire authorities.
A draft Bill was scrutinised in detail by the Joint Committee on the Draft Civil Contingencies Bill. On the 18 November 2004 the bill received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
, becoming the Civil Contingencies Act 2004.
The Act
The Act is divided into three parts:- Part 1 defines the obligations of certain organisations to prepare for various types of emergencies.
- Part 2 provides additional powers for the government to use in the event of a large scale emergency.
- Part 3 provides supplementary legislation in support of the first two parts.
Part 1: Local Arrangements for Civil Protection
Part 1 of the Act places a legal obligation upon emergency services and local authorities (defined as "Category 1 responders" under the Act) to assess the risk of, plan, and exercise for emergencies, as well as undertaking Business continuity Management. Cat. 1 Responders are also responsible for warning and informing the public in relation to emergencies. Finally, local authorities are required to provide business continuity advice to local businesses. It also places legal obligations for increased co-operation and information sharing between different emergency services and also to non-emergency services that might have a role in an emergency such as electric companies (non-emergency services are defined as “Category 2 responders” under the Act).Part 2: Emergency Powers
The second part of the Act provides that temporary emergency regulations are normally made by the QueenBritish monarchy
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
through Order in Council or by a Minister
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
of the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
if arranging for an Order in Council would not be possible without serious delay. Such regulations are limited in duration to 21 days, unless Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
votes to extend this period before it expires. The only Act of Parliament which may not be amended by emergency regulations is the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
. There was an attempt by Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
and Liberal Democrat
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
peers to add a number of other key constitutional laws to the exemption list during the Bill stage, but this was unsuccessful. They tried to protect these laws from emergency regulation:
- Habeas Corpus Act 1679Habeas Corpus Act 1679The Habeas Corpus Act 1679 is an Act of the Parliament of England passed during the reign of King Charles II by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained cannot be ordered to be...
- Bill of Rights 1689Bill of Rights 1689The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
- The clause in the Parliament Act 1911Parliament Act 1911The Parliament Act 1911 is an Act of the Parliament of the United Kingdom. It is constitutionally important and partly governs the relationship between the House of Commons and the House of Lords which make up the Houses of Parliament. This Act must be construed as one with the Parliament Act 1949...
that limits the duration of a Parliament to five years, which was in itself a partial reversal of the term's increase provided in the Septennial Act 1715Septennial Act 1715The Septennial Act 1715 was an Act of the Parliament of Great Britain. It was passed in May 1716. It increased the maximum length of a parliament from three years to seven...
from three to seven years - Act of Settlement 1701Act of Settlement 1701The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
- House of Commons Disqualification Act 1975House of Commons Disqualification Act 1975The House of Commons Disqualification Act 1975 is an Act of the Parliament of the United Kingdom that prohibits certain categories of people from becoming members of the House of Commons...
- Life Peerages Act 1958Life Peerages Act 1958The Life Peerages Act 1958 established the modern standards for the creation of life peers by the monarch of the United Kingdom. Life peers are barons and are members of the House of Lords for life, but their titles and membership in the Lords are not inherited by their children. Judicial life...
- House of Lords Act 1999House of Lords Act 1999The House of Lords Act 1999 was an Act of the Parliament of the United Kingdom that was given Royal Assent on 11 November 1999. The Act reformed the House of Lords, one of the chambers of Parliament. For centuries, the House of Lords had included several hundred members who inherited their seats;...
The introduction of the Act comes with increased funding for emergency planning in the United Kingdom to help organisations comply with the Act and brings emergency planning funding more on par with European levels.
Category 1 & 2 responders
Category 1 and Category 2 responders are organisations defined in the Act as having responsibilities for carrying out the legislation.Each responder has an emergency planning officer (sometimes called a civil protection officer, civil contingencies officer, resilience officer, or risk manager) who is usually responsible for ensuring their organisation is in compliance with the Act and sharing information with other responders. The usual way of checking compliance is by regularly testing plans by reviews or exercises.
Category 1 responders
Category 1 responders are known as core responders - they include the usual "blue-light" emergency services as well as others:- Police forces, including the British Transport PoliceBritish Transport PoliceThe British Transport Police is a special police force that polices those railways and light-rail systems in Great Britain for which it has entered into an agreement to provide such services...
- Fire services
- Ambulance services
- HM CoastguardHer Majesty's CoastguardHer Majesty's Coastguard is the service of the government of the United Kingdom concerned with co-ordinating air-sea rescue.HM Coastguard is a section of the Maritime and Coastguard Agency responsible for the initiation and co-ordination of all civilian maritime Search and Rescue within the UK...
- Local authorities
- Port health authorities
- NHS primary care trustNHS Primary Care TrustAn NHS primary care trust is a type of NHS trust, part of the National Health Service in England. PCTs commission primary, community and secondary care from providers. Until 31 may2011 they also provided community services directly. Collectively PCT are responsible for spending around 80% of the...
s, NHS hospital trustNHS Hospital TrustAn NHS hospital trust, also known as an acute trust is an NHS trust that provides secondary health services within the English National Health Service and in NHS Wales. Hospital trusts are commissioned to provide these services by NHS primary care trusts....
s, NHS foundation trustNHS Foundation TrustAn NHS foundation trust is part of the National Health Service in England and has gained a degree of independence from the Department of Health and local NHS strategic health authority.Foundation Trusts are represented by the , .-Function:...
s (and WelshWalesWales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
equivalents), and the Health Protection AgencyHealth Protection AgencyThe Health Protection Agency, or, in Welsh, Yr Asiantaeth Diogelu Iechyd is a statutory corporation. It is an independent UK organisation that was set up by the government in 2003 to protect the public from threats to their health from infectious diseases and environmental hazards... - The Environment AgencyEnvironment AgencyThe Environment Agency is a British non-departmental public body of the Department for Environment, Food and Rural Affairs and an Assembly Government Sponsored Body of the Welsh Assembly Government that serves England and Wales.-Purpose:...
and the Scottish Environment Protection AgencyScottish Environment Protection AgencyThe Scottish Environment Protection Agency is Scotland’s environmental regulator. Its main role is to protect and improve Scotland's environment...
Category 2 responders
Category 2 responders are key co-operating responders that act in support of the Category 1 responders. Category 2 responders are mostly utility companies and transport organisations:Utilities
- Electricity distributors and transmitters
- Gas distributors
- Water and sewerage undertakers
- Telephone service providers (fixed and mobile)
Transport
- Network RailNetwork RailNetwork Rail is the government-created owner and operator of most of the rail infrastructure in Great Britain .; it is not responsible for railway infrastructure in Northern Ireland...
- Train operating companies (passenger and freight)
- London UndergroundLondon UndergroundThe London Underground is a rapid transit system serving a large part of Greater London and some parts of Buckinghamshire, Hertfordshire and Essex in England...
- Transport for LondonTransport for LondonTransport for London is the local government body responsible for most aspects of the transport system in Greater London in England. Its role is to implement the transport strategy and to manage transport services across London...
- Highways AgencyHighways AgencyThe Highways Agency is an executive agency, part of the Department for Transport in England. It has responsibility for managing the core road network in England...
- Airport operators
- Harbour authorities
Others
- NHS strategic health authorityNHS Strategic Health AuthorityNHS strategic health authorities are part of the structure of the National Health Service in England. Each SHA is responsible for enacting the directives and implementing fiscal policy as dictated by the Department of Health at a regional level. In turn each SHA area contains various NHS trusts...
- Health and Safety ExecutiveHealth and Safety ExecutiveThe Health and Safety Executive is a non-departmental public body in the United Kingdom. It is the body responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare, and for research into occupational risks in England and Wales and Scotland...
Section 34 - Commencement
The following orders have been made under sections 34(1) and (3):- The Civil Contingencies Act 2004 (Commencement No. 1) Order 2004 (S.I. 2004/3281 (C. 148))
- The Civil Contingencies Act 2004 (Commencement No. 2) Order 2005 (S.I. 2005/772 (C. 33))
- The Civil Contingencies Act 2004 (Commencement No. 3) Order 2005 (S.I. 2005/2040 (C. 89))
The Civil Contingencies Act 2004 (Commencement) (Scotland) Order 2005 (S.S.I. 2005/493 (C. 26)) was made under sections 34(2) and (3).
Reactions
According to the leading commentary on the Act, by Clive Walker and Jim Broderick:The Government’s handling of risks and emergencies in recent years has failed to inspire public confidence. In a range of crises, from the Foot and Mouth outbreak through to the grounds for war in Iraq, official predictions or capabilities have been found wanting. The Civil Contingencies Act 2004 tenders reassurance by the promise of systemic planning and activity in civil resilience, though defence lies beyond its scope. The wide-ranging powers in the Act have the capability of delivering on the promise. But, as shall be revealed in this book, efforts will be hampered because the legislation is hesitant and uneven.
External links
- UK Resilience website: the official site for all issues and current news to do with the Civil Contingencies Act Lords Hansard Text for 16 November 2004