Civil Contingencies Act 2004
What does the Civil Contingencies Act 2004 do?
The Civil Contingencies Act 2004 (CCA) establishes a clear set of roles and responsibilities for those involved in emergency preparation and response at the local level. It requires organisations in the health system (emergency services, local authorities, NHS bodies) to prepare for adverse events and incidents.
Meaning of “emergency”
(1)In this Part “emergency” means—
(a)an event or situation which threatens serious damage to human welfare in a place in the United Kingdom, (such as 5g radiation poisoning)
(b)an event or situation which threatens serious damage to the environment of a place in the United Kingdom (5G),
or
(c)war, or terrorism, which threatens serious damage to the security of the United Kingdom.
(2)For the purposes of subsection (1)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause—
(a)loss of human life,
(b)human illness or injury,
(c)homelessness,
the CCA 2004 covers homelessness yet they did fuck all about all the deaths on the streets even of ex service man and women)
(d)damage to property,
(e)disruption of a supply of money, food, water, energy or fuel,
(f)disruption of a system of communication,
(g)disruption of facilities for transport, or
(h)disruption of services relating to health.
(3)For the purposes of subsection (1)(b) an event or situation threatens damage to the environment only if it involves, causes or may cause—
(a)contamination of land, water or air with biological, chemical or radio-active matter,
(like 5g is doing)
or
(b)disruption or destruction of plant life or animal life.
(5G agaiu)
(4)A Minister of the Crown, or, in relation to Scotland, the Scottish Ministers, may by order—
(a)provide that a specified event or situation, or class of event or situation, is to be treated as falling, or as not falling, within any of paragraphs (a) to (c) of subsection (1);
(b)amend subsection (2)
so as to provide that in so far as an event or situation involves or causes disruption of a specified supply, system, facility or service—
(i)it is to be treated as threatening damage to human welfare, or
(ii)it is no longer to be treated as threatening damage to human welfare.
[F1(4A)In relation to Northern Ireland, the power to make orders—
(a)under subsection (4)(a) in relation to subsection (1)(a) or (b), and
(b)under subsection (4)(b),is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).]
(5)The event or situation mentioned in subsection (1) may occur or be inside or outside the United Kingdom.
Enforcement
(1)Any of the following may bring proceedings in the High Court or the Court of Session in respect of a failure by a person or body listed in Part 1 or 3 of Schedule 1 to comply with section 2(1), 3(3), 4(1) or (8), 5(3), 6(6), 9(4)[F1, [F215(7), 15A(8) or 15B(7)]]—
(a)a Minister of the Crown,
(b)a person or body listed in Part 1 of Schedule 1, and
(c)a person or body listed in Part 3 of Schedule 1.
(2)In proceedings under subsection (1) the High Court or the Court of Session may grant any relief, or make any order, that it thinks appropriate.
[F3(3)In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1)(a) to bring proceedings in respect of a failure by the Chief Constable (PSNI) is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).]
Regulations and orders
(1)Regulations and orders under this Part shall be made [F1by a Minister of the Crown
[F2, the Scottish Ministers or the Welsh Ministers]] by statutory instrument.
[F3(1A)Any power of the Department of Justice in Northern Ireland under this Part to make regulations or an order is exercisable by statutory rule for the purposes of the M1Statutory Rules (Northern Ireland) Order 1979.]
(2)An order under section 1(4), 5(1) or 13(1) may not be made by a Minister of the Crown unless a draft has been laid before and approved by resolution of each House of Parliament.
(3)An order under section 1(4), 5(2) or 13(2) may not be made by the Scottish Ministers unless a draft has been laid before and approved by resolution of the Scottish Parliament.
[F4(3ZA)An order under section 5(2A) or 13(2A) may not be made by the Welsh Ministers unless a draft has been laid before and approved by a resolution of the National Assembly for Wales.]
[F5(3A)An order under section 1(4), 5(1) or 13(1) may not be made by the Department of Justice in Northern Ireland unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.
(3B)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.]
(4)Regulations made by a Minister of the Crown under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)Regulations made by the Scottish Ministers under this Part shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
[F6(5ZA)Regulations made by the Welsh Ministers under this Part are subject to annulment in pursuance of a resolution of the National Assembly for Wales.]
[F7(5A)Regulations made by the Department of Justice in Northern Ireland under this Part are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]
(6)Regulations or an order under this Part—
(a)may make provision which applies generally or only in specified circumstances or for a specified purpose,
(b)may make different provision for different circumstances or purposes, and
(c)may make incidental, consequential or transitional provision.
Scope of emergency regulations
(1)Emergency regulations may make any provision which the person making the regulations is satisfied is appropriate for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency in respect of which the regulations are made.
(2)In particular, emergency regulations may make any provision which the person making the regulations is satisfied is appropriate for the purpose of—
(a)protecting human life, health or safety,
(b)treating human illness or injury,
(c)protecting or restoring property,
(d)protecting or restoring a supply of money, food, water, energy or fuel,
(e)protecting or restoring a system of communication,
(f)protecting or restoring facilities for transport,
(g)protecting or restoring the provision of services relating to health,
(h)protecting or restoring the activities of banks or other financial institutions,
(i)preventing, containing or reducing the contamination of land, water or air,
(j)preventing, reducing or mitigating the effects of disruption or destruction of plant life or animal life,
(k)protecting or restoring activities of Parliament, of the Scottish Parliament, of the Northern Ireland Assembly or of the National Assembly for Wales, or
(l)protecting or restoring the performance of public functions.
(3)Emergency regulations may make provision of any kind that could be made by Act of Parliament or by the exercise of the Royal Prerogative; in particular, regulations may—
(a)confer a function on a Minister of the Crown, on the Scottish Ministers, on the National Assembly for Wales, on a Northern Ireland department, on a coordinator appointed under section 24 or on any other specified person (and a function conferred may, in particular, be—
(i)a power, or duty, to exercise a discretion;
(ii)a power to give directions or orders, whether written or oral);
(b)provide for or enable the requisition or confiscation of property (with or without compensation);
(c)provide for or enable the destruction of property, animal life or plant life (with or without compensation);
(d)prohibit, or enable the prohibition of, movement to or from a specified place;
(e)require, or enable the requirement of, movement to or from a specified place;
(f)prohibit, or enable the prohibition of, assemblies of specified kinds, at specified places or at specified times;
(g)prohibit, or enable the prohibition of, travel at specified times;
(h)prohibit, or enable the prohibition of, other specified activities;
(i)create an offence of—
(i)failing to comply with a provision of the regulations;
(ii)failing to comply with a direction or order given or made under the regulations;
(iii)obstructing a person in the performance of a function under or by virtue of the regulations;
(j)disapply or modify an enactment or a provision made under or by virtue of an enactment;
(k)require a person or body to act in performance of a function (whether the function is conferred by the regulations or otherwise and whether or not the regulations also make provision for remuneration or compensation);
(l)enable the Defence Council to authorise the deployment of Her Majesty’s armed forces;
(m)make provision (which may include conferring powers in relation to property) for facilitating any deployment of Her Majesty’s armed forces;
(n)confer jurisdiction on a court or tribunal (which may include a tribunal established by the regulations);
(o)make provision which has effect in relation to, or to anything done in—
(i)an area of the territorial sea,
(ii)an area within British fishery limits, or
(iii)an area of the continental shelf;
(p)make provision which applies generally or only in specified circumstances or for a specified purpose;
(q)make different provision for different circumstances or purposes.
(4)In subsection (3) “specified” means specified by, or to be specified in accordance with, the regulations.
(5)A person making emergency regulations must have regard to the importance of ensuring that Parliament, the High Court and the Court of Session are able to conduct proceedings in connection with—
(a)the regulations, or
(b)action taken under the regulations.
Limitations of emergency regulations
(1)Emergency regulations may make provision only if and in so far as the person making the regulations is satisfied—
(a)that the provision is appropriate for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency in respect of which the regulations are made, and
(b)that the effect of the provision is in due proportion to that aspect or effect of the emergency.
(2)Emergency regulations must specify the Parts of the United Kingdom or regions in relation to which the regulations have effect.
(3)Emergency regulations may not—
(a)require a person, or enable a person to be required, to provide military service, or
(b)prohibit or enable the prohibition of participation in, or any activity in connection with, a strike or other industrial action.
(4)Emergency regulations may not—
(a)create an offence other than one of the kind described in section 22(3)(i),
(b)create an offence other than one which is triable only before a magistrates' court or, in Scotland, before a sheriff under summary procedure,
(c)create an offence which is punishable—
(i)with imprisonment for a period exceeding three months, or
(ii)with a fine exceeding level 5 on the standard scale, or
(d)alter procedure in relation to criminal proceedings.
(5)Emergency regulations may not amend—
(a)this Part of this Act, or
(b)the Human Rights Act 1998 (c. 42).
SCHEDULES
