The Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005
| Jurisdiction | Scotland |
| Citation | SSI 2005/494 |
2005 No. 494
CIVIL CONTINGENCIES
The Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005
Made 6th October 2005
Laid before the Scottish Parliament 7th October 2005
Coming into force 14th November 2005
The Scottish Ministers, in exercise of the powers conferred upon them by sections 2(4) and (5), 4(3), (4) and (5), 6(2), 12, 15(1) and 17(6) of the Civil Contingencies Act 20041and having consulted a Minister of the Crown as required to do so under section 14(2) of that Act; hereby make the following Regulations:
PART 1
Introductory
Citation and commencement
1. These Regulations may be cited as the Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005 and come into force on 14th November 2005. .
Interpretation
2.—(1) In these Regulations–
“the Act” means the Civil Contingencies Act 2004;
“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 body or person 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 regulation 12;
“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) body or person listed in paragraphs 19 to 22, 24, 25 28, 29 or 29A2of Part 3 of Schedule 1;
(b) a body or person listed in paragraph 23 of Part 3 of Schedule 1 which is a relevant railway operator;
(c) a body or person listed in paragraph 26 of Part 3 of Schedule 1 which is a relevant airport authority; and
(d) a person or body listed in paragraph 27 of Part 3 of Schedule 1 which is a relevant harbour authority;
“non lead Category 1 responders” has the meaning given in regulation 6(3);
“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 19935(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–
(i) a body or person listed in paragraph 30 to 35 or paragraph 38 of Part 4 of Schedule 1;
(ii) a body or person listed in paragraph 36 of Part 4 of Schedule 1 which is a relevant airport operator; and
(iii) a body or person listed in paragraph 37 of Part 4 of Schedule 1 which is a relevant harbour authority;
“Sensitive information” has the meaning given by regulation 39;
“Strategic Co ordinating Group” has the meaning given by regulation 3(3);
“voluntary organisation” means a body (other than a Scottish 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 Strategic Co-ordinating Group
3.—(1) Scottish Category 1 responders which have functions which are exercisable in a particular police area must co operate with each other and with general Category 1 responders which have functions which are exercisable in that area 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 Scottish Category 1 responders co operating with each other, or one or more Scottish Category 1 responders cooperating with one or more general Category 1 responders; and
(b)
(b) must take the form of all Scottish Category 1 responders which have functions which are exercisable in that police area co-operating together in a single group with all general Category 1 responders which have functions which are exercisable in that police area.
(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, Scottish Category 1 responders which have functions which are exercisable in a particular police area must make arrangements to hold a meeting at least once every six months; and each Scottish Category 1 responder must, so far as reasonably practicable, attend such a meeting or arrange for it to be effectively represented at that meeting.
(5) Scottish Category 2 responders which have functions which are exercisable in a particular police area must co operate with each Scottish and general Category 1 responder which has functions which are exercisable in that area in connection with the performance by that Scottish and general Category 1 responder of its duties under section 2(1);
(6) A Scottish Category 2 responder which has functions which are exercisable in a particular police area–
(a)
(a) must, so far as reasonably practicable, attend a meeting of the Strategic Co ordinating Group for that area or arrange to be effectively represented at that meeting, if it is asked to do so by all of those Scottish and general Category 1 responders which have functions which are exercisable in that police area; and
(b)
(b) in the case of any other meeting of that Strategic Co ordinating Group, 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 paragraph (6) and analogous provision in regulations made by a Minister of the Crown under Part 1, the Scottish Category 1 responders which have functions which are exercisable in a police area must–
(a)
(a) keep each Scottish and general Category 2 responder which has functions which are exercisable in that area informed of–
(i) when meetings of the Strategic Co ordinating Group 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 Scottish or general Category 2 responder to attend any such meetings where the Scottish or general Category 2 responder wishes to do so; and
(c)
(c) consider whether a Scottish or general Category 2 responder should be asked to attend such a meeting.
Co operation with general Category 1 responders
4. A Scottish Category 1 responder or a Scottish Category 2 responder may co operate with a general Category 1 responder in connection with the performance by that general Category 1 responder of a duty under section 2(1).
Joint discharge of functions etc.
5. Each Scottish Category 1 responder may–
(a) make arrangements with another responder for the performance of a duty of the Scottish Category 1 responder under section 2(1) jointly with that other responder;
(b) make arrangements with another responder for that responder to perform such a duty on behalf of the Scottish Category 1 responder.
Identification of Category 1 responder with lead responsibility
6.—(1) If more than one Category 1 responder which has functions which are exercisable in a particular police area is subject to a particular duty under section 2(1)(a) to (f) in relation to an emergency or an emergency of a particular kind, paragraph (2) applies.
(2) Where this paragraph applies, the Scottish Category 1 responders referred to in paragraph (1) may co-operate with each other and general Category 1 responders referred to in paragraph (1) for the purpose of identifying which of them will be the Category 1 responder with lead responsibility for performing that duty in relation to that emergency or an emergency of that particular kind in that police area.
(3) If, pursuant to paragraph (2) and analogous provision in regulations made by a Minister of the Crown under Part 1, one of the Scottish or general Category 1 responders referred to in paragraph (1) is identified as being the Category 1 responder with lead responsibility for performing a duty under section 2(1)(a) to (f) in relation to an emergency or an emergency of a particular kind in a particular police area, the other Category 1 responders in that police area which are subject to that duty in relation to that emergency or an emergency of that particular kind are referred to in these...
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