United Kingdom Legislation - Explanatory Note (January 2004)
01/01/2004
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COMMENT
Civil Contingencies Act 2004 c.36
Civil Contingencies Act 2004 c.36 (Note)
These notes refer to the Civil Contingencies Act 2004 (c.36) which received Royal Assent on 18 November 2004CIVIL CONTINGENCIES ACT 2004EXPLANATORY NOTESINTRODUCTION1. These explanatory notes relate to the Civil Contingencies Act 2004 which received Royal Assent on 18 November 2004. They have been prepared by the Cabinet Office in order to assist the reader of the Act. They do not form part of the Act and have not been endorsed by Parliament.2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given.SUMMARY AND BACKGROUNDPart 1: local arrangements for civil protection3. Previous legislation relating to civil protection at the local level (the Civil Defence Act 1948 and its Northern Ireland counterpart, the Civil Defence Act (Northern Ireland) 1950) related solely to "civil defence". "Civil defence" was defined as measures, other than actual combat, for affording defence against a hostile attack by a foreign power. The focus on civil defence reflected the concerns which were current when the legislation was enacted.4. The previous legislation also relates to local authorities, police authorities and certain fire authorities only.5. The Act repeals in their entirety the Civil Defence Act 1948 and the Civil Defence Act (Northern Ireland) 1950. Part 1 of the Act creates a new concept of an "emergency". This term is broadly defined. It includes events which would have engaged the existing civil defence legislation (war or attack by a foreign power). It also includes terrorism which poses a threat ...
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