THE CIVIL CONTINGENCIES ACT 2004

The Act, accompanying Regulations, Guidance and associated non-legislative measures aims to deliver a single framework for civil protection in the United Kingdom capable of meeting the challenges of the twenty-first century.

The Act is separated into two substantive parts:

  • Part 1:  focuses on local arrangements for civil protection, establishing a statutory framework of roles and responsibilities for local responders.
  • Part 2:  focuses on emergency powers, establishing a modern framework for the use of special legislative measures that might be necessary to deal with the effects of the most serious emergencies.

Key to modernising existing legislation is updating the definition of what constitutes an "emergency".

Definition of an Emergency

The Act defines an emergency as:

  • An event or situation which threatens serious damage to human welfare;
  • An event or situation that threatens serious damage to the environment; or
  • War, or terrorism, which threatens serious damage to security.

For Part 1 of the Act the definition sets out the range of possible incidents for which local responders must prepare when fulfilling their civil protection duties.

For Part 2 it sets out the situations in which it may be possible for central government to use emergency powers if the appropriate safeguards are met to tackle national or wide area emergencies.

LOCAL ARRANGEMENTS FOR CIVIL PROTECTION

The purpose of Part 1 of the Act is to establish a new statutory framework for civil protection at the local level. This together with accompanying  guidance and regulations sets out clear expectations and responsibilities for front line responders to ensure they are prepared to deal effectively with the full range of emergencies from localised incidents through to catastrophic emergencies. It divides local responders into two categories.

Those in Category 1 will have duties placed upon them to :

  • Assess local risks and use this to inform emergency planning;
  • Put in place emergency plans;
  • Put in place Business Continuity Management arrangements;
  • Put in place arrangements to make information available to the public about civil protection matters and maintain arrangements to warn and informand advise the public in the event of an emergency;
  • Share information with other local responders to enhance co-ordination;
  • Co-operate with other local repsonders to enhance co-ordination and efficiency; and
  • Provide advice and assistance to businesses and voluntary organisations about business continuity management. (Local Authorities only)

Those to be covered by the duties at present are:

Local Authorities

Government Agencies

  • Environment Agency
  • Coastguard and Maritime Agency

Emergency Services

  • Greater Manchester Police
  • British Transport Police
  • Greater Manchester Fire and Rescue Service
  • North West Ambulance Service

NHS and Health Bodies

  • Primary Care Trusts
  • Health Protection Agency
  • NHS Acute Trusts
  • Local Health Boards
  • Port Health Authorities

Category 2 organisations will be placed under the lesser duties of co-operating with these organisations and sharing relevant information. Those included at present are:

Utilities

  • Electricity
  • Gas
  • Water and Sewerage
  • Public Communications

Transport

  • Network Rail
  • Train Operating Companies
  • Manchester Airport
  • Harbours and Ports
  • Highways Agency

Government

  • Health Safety Executive

Health

  • Strategic Health Authorities
GMeP

©2005