The Scottish Government

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Annex B
Function and Capability of Key Responders (Non-Emergency Services) participating in the Consequence Management Strategic Co-ordinating Group and the Site Clearance Group

During the initial phases of a CBRN incident the emergency services will take the lead responsibility for commissioning site clearance activity where necessary for the conduct of search, rescue and investigation activities. They will do so in close co-operation with government departments, specialist agencies and other relevant responders.

As the incident response progresses from the emergency phase to the recovery phase, lead responder status for site clearance will transfer to the local authority operating in co-operation with other responders. The following gives a brief account of the functions and capabilities of such, non-emergency services, responders who will participate in the Consequence Management SCG and the Site Clearance Group:

a) Scottish Government
http://www.scotland.gov.uk

The Scottish Government is the devolved government for Scotland. It is responsible for most of the issues of day-to-day concern to the people of Scotland, including health, education, justice, environment and rural affairs, and transport. The work of the Scottish Government is carried out by a number of Directorates.

Function:
Police and Community Safety Directorate

PCSD is responsible for the police and fire and rescue services in Scotland, and criminal justice including criminal justice social work. It is also responsible for aspects of criminal and civil justice and civil law, for courts administration and for liaison with the legal profession. The Directorate, in partnership with Chief Constables and local police authorities, carries out the Scottish Ministers' responsibilities for administration of an efficient police service. Similarly, the department deals with Fire and Rescue service matters.

The Fire and Civil Contingencies Division promotes emergency planning by government, local authorities and other responders in accordance with the Civil Contingencies Act 2004 and co-ordinates the Scottish Government's preparation for civil emergencies.

Directorate - General Health and Chief Executive NHSScotland

NHS Boards are accountable to the Scottish Government for the overall assessment of health needs for all people within their geographic areas, and for arranging for those needs to be met. The aim of emergency planning within NHSScotland is to ensure that essential health care needs are met effectively when normal services become overloaded, restricted or non-operational for whatever reason.

Director - General Environment

Within the DG Environment's areas of responsibility is advice to Ministers on policy relating to agriculture, rural development, food, the environment and fisheries across Scotland. The following agencies are also with DG Environment's line management:

• The Scottish Environment Protection Agency ( SEPA) - the regulatory and enforcement authority for environmental protection and pollution control in Scotland, covering discharges to air, land and water;
• Scottish Natural Heritage ( SNH) - the statutory adviser on natural heritage and nature conservation matters.

DGE also maintains close working links with the Forestry Commission Scotland, which serves as the Scottish Government's forestry department, and also with the Food Standards Agency.

Director - General Environment - Environmental Quality

The Drinking Water Quality Division ( DWQD) plays a key role in ensuring that the quality of drinking water in Scotland is of the highest standard. The DWQD also helps ensure that there are adequate drinking water resources throughout Scotland and advises Scottish Ministers and other parts of the Scottish Government on the formulation of policy affecting the Scottish water industry.

Drinking Water Quality Regulator for Scotland ( DWQR)
http://www.dwqr.org.uk

The role of Drinking Water Quality Regulator for Scotland was established in the Water Industry (Scotland) Act 2002 to provide an independent check that Scottish Water is complying with the drinking water quality regulations. The DWQR has three main powers. These are in respect of the power to obtain information, the power of entry or inspection and the power of enforcement. In addition, the DWQR has emergency powers to require a water supplier to carry out works to ensure that the quality of water supplied is safe for public consumption.

Director - General Education

DG Education's areas of responsibility includes administering policy on tourism, pre-school and school education, children and young people, social care and youth justice.

Director - General Economy and Chief Economic Adviser

DG Economy's areas of responsibility administers a wide range of government responsibilities such as transport and is responsible for land use planning and building control including the safe demolition of buildings. It is responsible for government relations with local authorities and it provides support to the Scottish Cabinet. Finance Directorate advises other Directorates on financial matters and issues guidance to public bodies on propriety and regularity in financial affairs. Public Service Reform Directorate is also responsible for developing and administering policy on local government (e.g. Bellwin Scheme) and for pursuing policies on 'Best Value'.

Historic Scotland is an Scottish Government Agency linked to the DG Economy and is directly responsible to Scottish Ministers for safeguarding the nation's built heritage, including scheduled monuments, listed buildings and buildings in conservation areas, while promoting its understanding and enjoyment.

b) Local Authority
Civil Contingencies Act - Category 1 Responder

Function:
The Local Authority has a key role to perform in co-ordinating the site clearance process in close conjunction with other agencies and key stakeholders. Where there is an immediate threat to life, and the site/premises owner/occupier can not be identified or contacted, the local authority will take the initiative in assessing the structural stability of affected buildings; arrange demolition and site clearance. Whilst the precise nature and range of inputs required may be affected by the scale and nature of the incident, all CBRN incidents will place significant demands on local authority management and resources.

The Local Authority will maintain capabilities to:

Management

• be effectively represented at strategic, tactical and operational response levels;
• provide experienced and competent managers to represent the local authority's interests at the Site Clearance Group and to manage site operations;
• provide/procure experienced communication specialists and support staff to manage and implement the communication plan during the recovery phase; and
• assist in the establishment of emergency mortuary facilities.

Building Standards/Surveyors:

• maintain relevant plans of public buildings such as libraries, community centres etc and arrangements for their release;
• liaise with owners of private buildings and property;
• establish building standards and deal with dangerous and defective buildings;
• ensure the health, safety and welfare and convenience of persons in or about buildings matters connected with buildings;
• arrange decontamination of domestic properties and progress decontamination of commercial premises if the owner or occupier is unable or unwilling to do so; and
• in consultation with the emergency services, give advice about the issue of entry and exit control measures.

The Scottish Building Standards Agency in Livingston will offer assistance to a local authority and, if required, provide support in dealing with an incident which crosses local authority boundaries.

Roads and Traffic Management:

• identify local and regional critical transport routes in consultation with the Scottish Government;
• assist the police to plan and implement traffic management needs including consultation with the public;
• carry out structural inspection of affected bridges and other road structures;
• assist in the provision of barriers and signing to establish initial cordons;
• maintain street plans and statutory control of street openings;
• arrange parking for vehicles of those working at, and visiting, the incident site and other associated sites; and
• assist in the logistical planning for the transportation of debris and waste from the incident site.

It should be noted that the operation and maintenance of motorways and trunk roads is not a local authority responsibility and is under the control of Transport Scotland which is responsible to the Scottish Government for overseeing the safe and efficient running of Scotland's trunk roads and also its rail networks.

Environmental Health:

• assess public health risks in consultation with NHS, HPS and Scottish Water;
• liaise with FSA regarding enforcement and monitoring of food crops/ animals/fisheries;
• liaise with Scottish Water and FSA regarding public water supplies, public sewerage and the risk to foodstuffs from flooding of premises;
• assess health risks associated with private water supplies;
• liaise with SEPA over public health matters including risk assessments, decontamination options, debris removal and disposal sites and contaminated rainwater run-off; and
• respond to public nuisance and rodent control needs.

Social Services:

• provide welfare support for members of the public affected by the incident;
• manage the provision of suitable accommodation for rest and reception centres;
• liaise with the voluntary agencies and help co-ordinate their response; and
• provide appropriate support and assistance to the communities affected in the longer term recovery and restoration phases.

Administration and Finance Services:

• establish a process and systems for record keeping and the safe storage and retrieval of letters, reports, minutes, instructions, etc arising from the incident response;
• establish systems for emergency expenditure and accountancy;
• assist the insurance industry, particularly loss adjusters, with the provision of information wherever possible to expedite claims and advise those affected with insurance to make contact with their Insurers regarding claims;
• provide secretarial and administrative support to the CMSCG and Site Clearance Group; and
• put in place effective arrangements for dealing with the receipt, accounting for and the distribution of public or other donations.

c) Site Owner(s)/Building Owner(s)

Function:
In the case of deliberate releases of CBRN material, responsibility for meeting costs arising from damage, contamination and consequent business interruption to non-domestic property, would, in the first instance, fall to the building owners or occupiers as it would for dealing with other potentially serious incidents, such as fire or flood. The owners and occupiers of such property have health and safety duties in law, e.g. under the Construction, Design and Management ( CDM) Regulations, for demolition work and they should engage professional and competent health and safety advice, e.g. via their insurers.

In the case of domestic property, responsibility would normally be expected to rest with the owner or occupier in the same way as non-domestic property. However, the majority of domestic insurance in the UK excludes damage and contamination arising from terrorist incidents and therefore the local authority would normally take the lead in arranging decontamination of domestic property.

In the event of a major incident affecting numerous private properties a number of insurers are therefore likely to be involved. It is essential therefore, from the outset, that regular communication is maintained with insurers and those they represent to help speed the recovery process and avoid later misunderstandings over allocation of costs.

Site owners will be required, to work in close conjunction with and, where appropriate, under the direction of the responsible local authority, to facilitate the clear up and recovery process within their land or buildings.

Site/Building owners will be expected to:

• co-operate with the CMSCG and local authority in fulfilling their legal obligations and responsibilities as duty-holder;
• co-operate with the Site Clearance Group in providing facts about the history of the building being cleared. The building owner may have considerable knowledge about the presence of oil or gas stores, chemicals or the presence of asbestos or contaminants in building infrastructure;
• inform their insurers and co-operate with loss adjusters;
• be responsible for commissioning contractors to carry out detailed site evaluation (including further sampling) and subsequent decontamination, if required, of the building, systems and contents and removal of any waste;
• be responsible for establishing that the building is safe for re-occupation by obtaining verification from the lead authority (Police or Local Authority); and
• maintain a communication strategy to inform employees and key stakeholders of developing information.

d) Scottish Environment Protection Agency ( SEPA)
http://www.sepa.org.uk
Civil Contingencies Act - Category 1 Responder

Function:
SEPA is the public body responsible for environmental protection in Scotland. SEPA has powers to prevent, minimise or reduce pollution of the environment and enforce environmental legislation. It will:

• regulate the treatment, storage, movement (non-radioactive waste) and disposal of waste;
• as flood warning authority, regularly provide updated information on flood warnings across Scotland;
• administer jointly with the Health & Safety Executive the Control of Major Accident Hazards ( COMAH) Regulations; and
• regulate the accumulation and disposal of radioactive waste and manage Scottish interests in the Radioactive Incident Monitoring Network ( RIMNET).

SEPA will maintain a capability to:

• provide support and advice on all aspects of environmental legislation and regulatory requirements;
• be effectively represented at strategic, tactical and operational response levels and will work in co-operation with other responder agencies to develop effective decontamination and site clearance strategies;
• monitor, report and advise on the environment and impacts of any event and decontamination activities;
• assist in determining the nature, footprint and movement of any contamination;
• give advice about protective and mitigation measures for air, land and water, including ground waters;
• authorise discharges to, abstractions from and impoundments of water;
• regulate the storage, containment, transportation and disposal of waste, including hazardous wastes (Note: SEPA does not regulate the transportation of radioactive waste - Page 30 - Waste Management refers);
• regulate waste and contamination treatment plant;
• regulate the accumulation, holding and disposal of radioactive materials; and
• provide flood warnings and maintain flood plain maps.

e) Government Decontamination Service ( GDS)
http://www.gds.gov.uk
Executive agency of the Department for Environment, Food and Rural Affairs ( DEFRA).

Function:
GDS has three primary functions. It will:

1. Provide high quality advice and guidance to responsible authorities during the contingency planning for CBRN incidents (including civil nuclear accidents, MOD nuclear accidents and major HAZMAT incidents) and during the actual incidents. GDS will also help to validate and test arrangements that are in place;

2. Work with specialist suppliers and advisers to rigorously assess the ability of companies in the private sector to carry out decontamination operations, and ensure that responsible authorities have ready access to those services if the need arises; and

3. Advise Central Government on the national capability for the decontamination of buildings, infrastructure, mobile transport assets and the open environment, and will be a repository of information and a source of expertise in the event of a CBRN incident. The GDS will regularly review the United Kingdom's capability gaps. This aspect is managed by the dedicated GDS science team.

GDS has a UK wide remit and aims to offer a common range of services to Responsible Authorities across the UK. It will assess the nature and scale of the incident(s) and tailor its response accordingly.

• GDS will maintain a capability to:
• be effectively represented at strategic, tactical and operational response levels;
• offer advice, guidance and facilitation on options for decontamination of the built and open environment, for infrastructure and for transport to a Responsible Authority from its headquarter location;
• offer advice and guidance on issues relating to decontamination of the above to Strategic Co-ordinating Centre ( SCC)/Local Emergency Centre/or equivalent from its headquarter location;
• establish liaison with specialist suppliers to prepare for possible deployment for decontamination of the above;
• provide an early presence within Strategic and Tactical incident management groups to provide direct advice on the development of a decontamination strategy and the potential impact of decisions made during an incident response on the short, medium and longer term decontamination approaches;
• work with specialist agencies (e.g. specialist police resources and SEPA) on specific aspects of decontamination as they might impact on their operations;
• work with other Government agencies (e.g. SEPA, HPS and FSA) to develop joint strategies to deal with the consequences of a CBRN incident upon the environment;
• work with responders to identify, address and resolve operational issues arising from the possible deployment of specialist suppliers to undertake decontamination activities following a CBRN incident;
• provide guidance and advice to responsible authorities during the delivery of a decontamination strategy; and
• participate in the development of decontamination priorities at local, Scottish and national levels.

f) Health and Safety Executive ( HSE)
http://www.hse.gov.uk

Civil Contingencies Act - Category 2 Responder

Function:
The Health and Safety Commission is responsible for health and safety regulation in Great Britain. The Health and Safety Executive is a law enforcing agency that works in support of the Commission. The mission of HSE is to protect people's health and safety by ensuring that risks in the changing workplace are properly controlled. In the event of a CBRN incident HSE will respond and contribute relevant operational and scientific expertise.

HSE will maintain a capability to:

• contribute relevant expertise regarding industrial/major hazard sites e.g. nuclear or COMAH sites;
• provide specialist advice on the risks to workers and others at the incident site from chemical, biological or radiological contamination;
• give advice on decontamination plans and safe systems of work associated with carrying out decontamination activities;
• assess the adequacy of site owner's proposals in protecting health and safety of workers and members of the public who may be exposed to risk;
• give advice on site clearance plans and safe systems of work associated with carrying out site clearance activities;
• ensure enforcement of health and safety regulations at the incident site; during the transportation phase and at the end point disposal facility; and
• give advice about safe systems of work for testing whether decontamination is successful.

g) Food Standards Agency ( FSA)
http://www.food.gov.uk

Function:
The Food Standards Agency is an independent Government department set up to protect the public's health and consumer interests in relation to food and food production. It provides advice and information to the public and Government on food safety from farm to fork, nutrition and diet. It also protects consumers through effective food enforcement and monitoring.

FSA will maintain a capability to:

• give advice about the impact of contamination on food and on areas of ground used for food production purposes;
• give advice on the development of a decontamination plans;
• assist in planning the post-incident survey and monitoring programme in liaison with the Local Authority; and
• provide information to consumers and protect their interests through open and effective food enforcement and monitoring.

h) Scottish Water
http://www.scottishwater.co.uk
Civil Contingencies Act - Category 2 Responder

Function:
Scottish Water is a public organisation with responsibility to provide water supply and sewerage services in Scotland and is responsible to the Scottish Parliament. In accordance with the requirements of the Security and Emergency Measures (Scottish Water) (Scotland) Direction 2002 Scottish Water has developed 'A Multi-Agency Response to Major Water Supply and Waste Water Incidents - Generic Guidance for Scotland' which sets out how agencies working together can respond effectively to major water supply or waste water incidents.

Scottish Water will maintain a capability to:

• initiate and participate in the formation of a Waterborne Hazard Incident Management Team ( WHIMT) as identified in the Scottish Waterborne Hazard Plan ( SWHP) or such other arrangements as identified in the Major Water Supply Incident ( MWSI) Guidance, to determine any risk to public health from contaminated water supplies;
• investigate and monitor the effects of any contamination of water supplies;
• initiate and control measures, identified under the SWHP/ MWSI, that need to be put in place to protect public health;
• assess and lead the implementation of the public communication and information needs relating to the above control measures in accordance with the SWHP and MWSI Guidance as appropriate;
• restore water supplies to customers;
• provide alternative water supplies to customers affected;
• provide details of sewerage infrastructure and, in conjunction with SEPA, monitor the effects of contaminated run-off entering foul water or storm water drainage systems and, working with others, mitigate the impact on public health and the environment;
• ensure the health and safety of its employees working in the sewerage system;
• give advice on the practicability of storing contaminated water off-site including availability of treatment options; and
• give advice during the development of a site clearance plan taking account of their water supply and sewerage interests.

i) Scottish Natural Heritage ( SNH)
http://www.snh.org.uk

Function:
Scottish Natural Heritage is a Non-Departmental Public Body answerable to the responsible Minister and the First Minister, and through them to the Scottish Parliament. Its task is to secure the conservation and enhancement of Scotland's unique and precious natural heritage - the wildlife, the habitats and the landscapes which have evolved in Scotland through the long partnership between people and nature.

SNH will maintain a capability to:

• provide advice when an incident or its remediation involves a site of special importance for its nature conservation interest i.e. a Site of Special Scientific Interest, Special Area of Conservation, Special Protection Area, or National Nature Reserve, or for its landscape value (notably National Scenic Areas) or is otherwise likely to have significant impacts on the natural heritage including ecology;
• provide advice on the extent and nature of on any restrictions on public access and recreation, especially in the countryside. SNH's advice would be particularly from a national perspective with local authorities having the role locally;
• perform the role of Special Adviser in cases with potentially significant national heritage impacts or in advising on wildlife surveillance and monitoring where wild species are affected in such a way as to present a risk to human health e.g. through spreading infection;
• provide advice on natural heritage sensitivity of potential temporary off-site waste storage facilities; and
• provide advice on appropriate measures and actions in the event of wild animals being affected e.g. in support of the State Veterinary Service.

j) Meteorological Office
http://www.metoffice.gov.uk

Function:
The Met Office is an Scottish Government Agency of the Ministry of Defence and its headquarters are located in Exeter. Currently in CBRN incidents the Met Office's first point of contact is its Environmental Monitoring and Response Centre ( EMARC²¹) which will supply weather forecast information throughout the period of the incident. Met Office Public Weather Service Advisers can also support responders by attending strategic, tactical and operational control rooms on request, adding value to the products delivered by EMARC. These advisers have experience in working with consequence management groups, ensuring that responders consider all impacts of weather on site clearance and the longer term implications to the environment of the affected area. They are also able to draw on experience from a wide range of Met Office scientists.

The Met Office will maintain a capability to:

• supply meteorological information to aid other responders in managing the consequences of a CBRN incident;
• provide short and long period plume model (affected area) forecasts, on a 24x7 basis, and information on CBRN material deposition and concentration;
• provide a range of services which can aid and inform the decision making process, such as:

• heat stress forecasts for personnel using PPE;
• forecast the extent and duration of rainfall to allow contaminated run-off containment and disposal needs to be addressed;
• forecast duration and extent of cold weather and potential for freezing conditions; and
• forecast wind speed and directional information to aid management of structural damage and containment of wind-borne material.

k) Public Utilities

http://www.scottish-southern.co.uk
http://www.scottishpower.co.uk
http://www.scotiagasnetworks.co.uk
http://www.nationalgrid.co.uk
http://www.bt.com
http://www.o2.co.uk

Civil Contingencies Act - Category 2 Responders

Function:
The Utility companies, providing gas, electricity and telecommunication services, can be mobilised by the emergency services or local authority to support the response and in the event of their infrastructure being damaged or adversely affected by a CBRN incident. Their activities to restore customer service, divert or decommission pipes, cables or associated fittings in or around the incident site will be co-ordinated by the police in the first instance.

Public Utilities will maintain a capability to:

• identify their infrastructure and related assets;
• carry out diagnostic analysis;
• undertake service impact assessments;
• identify and advise affected customers;
• carry out emergency infrastructure repairs; and
• implement their respective emergency plans.

l) Other Useful Links

Health Protection Scotland http://www.hps.scot.nhs.uk
Maritime and Coastguard Agency http://www.mcga.gov.uk
Network rail http://www.networkrail.co.uk
Scotrail http://www.scotrail.co.uk
Great North Eastern Railway http://www.gner.co.uk
Virgin Trains http://www.virgintrains.co.uk
Transport Scotland http://www.transportscotland.gov.uk
Amey Group http://www.swtrunkroads.amey.co.uk
Scotland Transerv http://www.scotlandtranserv.co.uk
Bear Scotland http://www.bearscot.com
British Airport Authority http://www.baa.co.uk
Historic Scotland http://www.historic-scotland.gov.uk
United Kingdom Offshore Operators Association http://www.ukooa.co.uk

THIS CHAPTER TO BE REVIEWED BY DECEMBER 2009

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