The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005
| Year | 2005 |
2005 No. 2042
CIVIL CONTINGENCIES
The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005
Made 22th July 2005
Laid before Parliament 27th July 2005
Coming into force 14th November 2005
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 20041and –
(a) having consulted the Scottish Ministers as required to do so under section 14(1) of that Act;
(b) having consulted the National Assembly for Wales as required to do so under section 16(1) of that Act; and
(c) with the consent of the National Assembly for Wales, in so far as required by section 16(2) of that Act,
hereby makes the following Regulations:
PART 1
Introductory
Citation and commencement
1.—(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
2. Regulations 4, 5, 9 to 11, 15 to 17, 32 to 34 and 36 to 44 do not extend to Northern Ireland.
Interpretation
3.—(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 –
(a) the Security Service;
(b) the Secret Intelligence Service;
(c) the Government Communications Headquarters;
(d) the National Criminal Intelligence Service;
“Category 1 responder” means a person or body listed in Part 1 or 2 of Schedule 12;
“Category 2 responder” means a general Category 2 responder or a Scottish Category 2 responder;
“community risk register” has the meaning given by –
(a) in England and Wales, regulation 15;
(b) in Scotland, regulation 17;
“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 –
(a) a person or body listed in paragraph 19, 20, 21, 22, 24, 25, 29 or 29A of Part 3 of Schedule 1;
(b) a person or body listed in paragraph 23 of Part 3 of Schedule 1 which is a relevant railway operator;
(c) a person or body listed in paragraph 26 of Part 3 of Schedule 1 which is a relevant airport operator; and
(d) a person or body listed in paragraph 27 of Part 3 of Schedule 1 which is a relevant harbour authority;
“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 –
(a) if the responder is the Common Council of the City of London, the area specified in relation to it in the Schedule to these Regulations;
(b) in so far as the responder has functions which are exercisable in a London borough, the area specified in relation to that borough in the Schedule to these Regulations;
(c) otherwise, the police area in which the responder’s functions are exercisable;
“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 airport operator” means an airport operator, within the meaning of section 82(1) of the Airports Act 19863, which is responsible for an airport through which, in the most recent year for which data is available, at least 50,000 passengers or 10,000 tonnes of freight and mail were transported;
“relevant harbour authority” means a harbour authority, within the meaning of section 46(1) of the Aviation and Maritime Security Act 19904, which is responsible for a harbour through which the average annual maritime traffic, calculated by reference to the most recent three years for which data is available, is at least 1.5 million tonnes of cargo or 200,000 passengers;
“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 –
(a) a network licence (within the meaning of that Act);
(b) a passenger licence (within the meaning of that Act);
(c) a station licence (within the meaning of that Act); or
(d) a non-passenger licence (meaning a licence authorising a person to be the operator of a train being used on a network for a purpose other than carrying passengers), where such licence is held for the purpose of operating trains for the carriage of goods by railway and connected purposes,
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 –
(a) a person or body listed in paragraph 30 to 35 of Part 4 of Schedule 1;
(b) a person or body listed in paragraph 36 of Part 4 of Schedule 1 which is a relevant airport operator; and
(c) a person or body listed in paragraph 37 of Part 4 of Schedule 1 which is a relevant harbour authority;
“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
4.—(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) –
(a)
(a) may take the form of two or more general Category 1 responders co-operating with each other; and
(b)
(b) must take the form of all general Category 1 responders which have functions which are exercisable in that local resilience area co-operating together in a single forum.
(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 –
(a)
(a) must, so far as reasonably practicable, attend a meeting of the local resilience forum for that local resilience area or be effectively represented at that meeting if it is invited to do so by all of those general Category 1 responders which have functions which are exercisable in that local resilience area; and
(b)
(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) 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 –
(a)
(a) keep each general Category 2 responder which has functions which are exercisable in that local resilience area informed of –
(i) when meetings of the local resilience forum are to take place;
(ii) the location of such meetings;
(iii) the matters which are likely to be discussed at such meetings;
(b)
(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)
(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)
(a) may take the form of one general Category 1 responder co-operating with one or more Category 1 responder; and
(b)
(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...
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