****
Scottish Executive*Consultations  

Making it work together
* * *
* Home | Topics | About | News | Publications | Consultations | Search | Links | Contacts | Help *
Consultations > Business & Industry
*
 

< Previous | Contents | Next >

CONSULTATION ON REGULATIONS AND GUIDANCE TO BE MADE UNDER PART 1 OF THE CIVIL CONTINGENCIES ACT 2004

DRAFT REGULATIONS ISSUED FOR CONSULTATION JANUARY 2005

Scottish Statutory Instruments

2005 No.     

CIVIL CONTINGENCIES

The Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005

 

Made - - - -

2005

 

Laid before the Scottish Parliament

2005

Coming into force - -

[                  ]

Arrangement of regulations

PART 1
Introductory

    1. Citation and commencement
    2. Interpretation

      3. PART 2
      General

    3. Co-operation and Strategic Co-ordinating Group
    4. Co-operation with general Category 1 responders
    5. Joint discharge of functions etc.
    6. Identification of Category 1 responder with lead responsibility
    7. Role of Scottish Category 1 responder with lead responsibility
    8. Role of Scottish Category 1 responders which do not have lead responsibility
    9. Existing emergency planning duties

      10. PART 3
      Duty to assess risk of emergency occurring

    10. Kinds of emergency in relation to which risk should be assessed
    11. Guidance and risk assessments issued by Scottish Ministers
    12. Community risk register

      13. PART 4
      Duty to plan for response to an emergency

    13. Risk assessment
    14. General and specific plans
    15. Multi-agency plans
    16. Voluntary organisations
    17. Procedure for determining whether an emergency has occurred
    18. Training and exercises
    19. Plan revision
    20. Vulnerable persons
    21. Delegation etc. of duty under section 2(1)(c)

      22. PART 5
      Publication of plans and assessments

    22. Alarming the public unnecessarily
    23. Vulnerable persons etc.

      24. PART 6
      Arrangements for warning and provision of information and advice to the public

    24. Duty to have regard to emergency plans

    25. General and specific arrangements to warn etc.
    26. Alarming the public unnecessarily
    27. Vulnerable persons etc.
    28. Training and exercises
    29. Identification of Category 1 responder with lead responsibility for warning, informing and advising
    30. Arrangements to be maintained by Scottish Category 1 responder with lead responsibility
    31. Arrangements to be maintained by other Scottish Category 1 responders
    32. Advice etc. provided by other responders and the Meteorological Office

      33. PART 7
      Advice and assistance to business and voluntary organisations

    33. "Relevant responder"
    34. Risk assessment
    35. Extent of the duty under section 4(1) in relation to commercial activities
    36. Extent of the duty under section 4(1) in relation to voluntary organisations
    37. Co-operation, relevant responder with lead responsibility etc.
    38. Cross border co-operation with relevant responders in England and Wales
    39. Activities of other responders
    40. Charging

      41. PART 8
      Information

    41. Sensitive information
    42. Information sharing for the purposes of civil protection duties under the Act
    43. Information sharing for the purposes of other civil protection duties
    44. Disclosure or publication of sensitive information
    45. Use of sensitive information
    46. Security of sensitive information

 

The Scottish Ministers, in exercise of the powers conferred upon them by sections 2(4) and (5), 4(3), (4) and (5), 6(2) and (3), 12, 15(1) and 17(6) of the Civil Contingencies Act 2004(a) and having consulted a Minister of the Crown as required to do so under section 14(2) of that Act; hereby make the following Regulations:

(a) 2004 c.36. Section 2(5) has effect in relation to section 2(4) by virtue of subsection (6) of that section and with the modifications specified in subsection (6).

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 [                         ].

    2. Interpretation

  2. – In these Regulations—

    3. "the Act" means the Civil Contingencies Act 2004;

    "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 11;

    "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—

      1. body or person listed in paragraphs 19 to 22, 24, 25 or 28 of Part 3 of Schedule 1;

      2. a body or person listed in paragraph 23 of Part 3 of Schedule 1 which is a relevant railway operator;

      3. a body or person listed in paragraph 27 of Part 3 of Schedule 1 which is a relevant airport authority;

        4. "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 1986(a), 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 1990(b), 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—

      4. a network licence (within the meaning of that Act);

      5. a passenger licence (within the meaning of that Act);

      6. a station licence (within the meaning of that Act); or

      7. 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),

        8. 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—

        1. a body or person listed in paragraph 30 to 35 of Part 4 of Schedule 1;

        2. a body or person listed in paragraph 36 of Part 4 of Schedule 1 which is a relevant airport operator; and

        3. 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 40;

        "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.

        "vulnerable person" means a person who is—

      8. under the age of 16;

      9. inhibited in physical movement, whether by reason of age, illness (including mental illness), disability, pregnancy or other reason; or

      10. deaf, blind, visually impaired or hearing-impaired.

    1. 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.

    (a) 1986 c.31.
    (b) 1990 c.31.

    PART 2
    General

    Co-operation and Strategic Co-ordinating Group

  3. – Scottish Category 1 responders which have functions which are exercisable in a particular police area must co-operate with each other and 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).

    1. The co-operation referred to in paragraph (1)—

      1. 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

      2. 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.

    2. The form of co-operation referred to in paragraph (2)(b) is referred to in these Regulations as the "Strategic Co-ordinating Group".

    3. 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; 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.

    4. Scottish Category 2 responders which have functions which are exercisable in a particular police area must co-ordinate 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);

    5. A Scottish Category 2 responder which has functions which are exercisable in a particular police area—

      1. 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

      2. 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.

    6. 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—

      1. keep each Scottish and general Category 2 responder which has functions which are exercisable in that area informed of—

        1. when meetings of the Strategic Co-ordinating Group are to take place;

        2. the location of such meetings;

        3. the matters which are likely to be discussed at such meetings;

      2. 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

      3. 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 responder of a duty under section 2(1).

    5. Joint discharge of functions etc.

  5.  Each Scottish Category 1 responder may—

      1. make arrangements with another responder for the performance of a duty of the Scottish Category 1 responder under paragraph (a), (b), (d), (e), (f) or (g) of section 2(1) jointly with that other responder;

      2. 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. – 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) (other than paragraph (c) or (g)) in relation to an emergency or an emergency of a particular kind, paragraph (2) applies.

    1. 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.

    2. 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) 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 regulations as "non-lead Category 1 responders".

    Role of Scottish Category 1 responder with lead responsibility

  7.  If, pursuant to regulation 6, a Scottish Category 1 responder has been identified as the Category 1 responder with lead responsibility in a particular police area for the performance of a particular duty under section 2(1) (apart from paragraph (c) or (g)) in relation to an emergency or an emergency of a particular kind, that Scottish Category 1 responder must—

      1. take the lead responsibility in performing that duty in that police area in relation to that emergency or an emergency of that particular kind;

      2. consult the Scottish and general Category 1 responders which—

        1. have functions which are exercisable in that police area, and

        2. are non-lead Category 1 responders in relation to that duty in so far as it applies to that emergency or an emergency of that particular kind,

        in the course of performing that duty;

      3. ensure that those non-lead Category 1 responders are kept informed of how the Scottish Category 1 responder with the lead responsibility is performing the duty;

      4. co-operate with those non-lead Category 1 responders for the purpose of, in particular, ensuring so far as is reasonably practicable that those non-lead Category 1 responders approve of the way in which the Scottish Category 1 responder with lead responsibility is performing the duty.

    Role of Scottish Category 1 responders which do not have lead responsibility

  8. – Paragraph (2) applies if a Scottish Category 1 responder has been identified as the responder with lead responsibility in a police area for the performance of a particular duty under section 2(1) (apart from paragraph (c) or (g)) in relation to an emergency or an emergency of a particular kind under regulation 6 or, in the case of a general Category 1 responder, under analogous provision in Regulations made by a Minister of the Crown under Part 1.

    1. Where this paragraph applies, the other Scottish Category 1 responders which have functions which are exercisable in that police area and which are non-lead Category 1 responders in relation to that duty in so far as it applies to that emergency or an emergency of that particular kind—

      1. must co-operate with the Scottish or general Category 1 responder with lead responsibility for performing that duty in connection with the performance of the duty by the Scottish or general Category 1 responder with lead responsibility;

      2. must provide any information to the Scottish or general Category 1 responder with lead responsibility for performing that duty which it considers will assist that responder in performing that duty (unless the information is sensitive, within the meaning of regulation 41);

      3. must assist the Scottish or general Category 1 responder with lead responsibility for performing that duty with any exercises or training that that Scottish or general Category 1 responder wishes to carry out in connection with that duty;

      4. need not perform that duty to the extent that to do so would unnecessarily duplicate the performance of that duty by the Scottish or general Category 1 responder which has lead responsibility for performing that duty in that police area.

    Existing emergency planning duties

  9.  Scottish Category 1 responders need not perform a duty under section 2(1) in relation to any emergency which is—

      1. a major accident, within the meaning of regulation 2(1) of the Control of Major Accident Hazards Regulations 1999(a), resulting from developments in the course of the operation of an establishment to which Part 2 of those Regulations applies;

      2. a major accident, within the meaning of regulation 2(1) of the Pipelines Safety Regulations 1996(b), involving a dangerous fluid (within the meaning of those Regulations) which is in, or has been conveyed in, a pipeline to which those Regulations apply; or

      3. a radiation emergency, within the meaning of regulation 2 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001(c), which results from work with ionising radiation (within the meaning of those Regulations) to which those Regulations apply.

     

    (a) S.I. 1999/743; amended by the Greater London Authority Act 1999 s.328 and S.I. 2002/2469.
    (b) S.I. 1996/825; amended by the Greater London Authority Act 1999 s.328.
    (c) S.I. 2001/2975; amended by S.I. 2002/2099 and S.I. 2002/2469.

     

    PART 3
    Duty to assess risk of emergency occurring

    Kinds of emergency in relation to which risk should be assessed

  10.  A Scottish Category 1 responder need only perform the duty under section 2(1)(a) (duty to assess risk of emergency occurring) in relation to an emergency which affects or may affect the geographical area in which the functions of the Scottish Category 1 responder are exercisable.

    11. Guidance and risk assessments issued by Scottish Ministers

  11. – The Scottish Ministers may issue to Scottish Category 1 responders (or any class of Scottish Category 1 responders) guidance as to the risk of a particular emergency or an emergency of a particular kind occurring.

    1. The Scottish Ministers may issue to Scottish Category 1 responders (or any class of Scottish Category 1 responders) an assessment of the risk of a particular emergency or an emergency of a particular kind occurring.

    2. In performing its duty under section 2(1)(a), a Scottish Category 1 responder must—

      1. take into account any guidance issued to it under paragraph (1); and

      2. adopt any assessment issued to it under paragraph (2).

    3. Any guidance issued under paragraph (1) or assessment issued under paragraph (2) must be in writing.

    Community risk register

  12. – As part of the Strategic Co-ordinating Group, 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 maintaining a register ("the community risk register") of the assessment carried out by each Scottish Category 1 responder under paragraph (a) of section 2(1).

    1. For the purpose of complying with paragraph (1), each Scottish and general Category 1 responder must from time to time inform the other relevant Scottish and general Category 1 responders of the assessment carried out by it under paragraph (a) of section 2(1), subject to paragraph (3).

    2. Paragraph (2) does not apply to the extent that an assessment carried out by a Scottish Category 1 responder contains information which is sensitive within the meaning of regulation 41 and the Scottish Category 1 responder has reasonable grounds to believe that informing the other relevant Scottish and general Category 1 responders of the assessment would—

      1. in the case of sensitive information of the kind specified by paragraph (1)(a) of regulation 41, compromise the information;

      2. in the case of sensitive information of the kind specified by paragraph (1)(b), (c) or (d) of regulation 41, impair the confidentiality of the information.

    3. In performing its duties under section 2(1)(a) and (b), a Scottish Category 1 responder must have regard to any relevant community risk register.

     

    PART 4
    Duty to plan for response to an emergency

    Risk assessment

  13.  In performing its duty under section 2(1)(c) and (d) (duty to plan to continue to perform functions or to respond, should an emergency occur), a Scottish Category 1 responder must have regard to any relevant assessment of risk which it has carried out under section 2(1)(a) or (b).

    14. General and specific plans

  14.  In performing its duties under section 2(1)(c) and (d), a Scottish Category 1 responder may—

      1. maintain plans which relate to a particular emergency or a particular kind of emergency; and

      2. maintain plans which relate to more than one emergency or more that one kind of emergency.

    Multi-agency plans

  15. – Scottish Category 1 responders which have—

      1. functions which are exercisable in relation to a particular police area, and

      2. a duty under section 2(1)(d) in relation to an emergency or an emergency of a particular kind,

      must consider whether it would be appropriate to perform that duty in relation to that emergency or an emergency of that particular kind by way of a multi-agency plan.

    1. In paragraph (1), a "multi-agency plan" means a plan maintained by more than one Category 1 responder acting jointly.

    Voluntary organisations

  16. – In performing its duty under section 2(1)(c) or (d) (business continuity planning and emergency planning), a Scottish Category 1 responder must have regard to the activities of voluntary organisations which carry on activities—

      1. in the area in which the functions of that Scottish Category 1 responder are exercisable; and

      2. which are relevant in an emergency.

    1. For the purposes of paragraph (1), voluntary organisations carry on activities which are relevant in an emergency if they carry on activities for the purpose of—

      1. preventing an emergency;

      2. reducing, controlling or mitigating the effects of an emergency; or

      3. taking other action in connection with an emergency.

    2. For the purposes of paragraph (2), it is immaterial if the voluntary organisation also carries on activities for other purposes.

    Procedure for determining whether an emergency has occurred

  17. – Any plan maintained by a Scottish Category 1 responder by virtue of section 2(1)(c) must include a procedure for determining whether an emergency has occurred which affects the ability of the Scottish Category 1 responder to continue to perform its functions.

    1. Any plan maintained by a Scottish Category 1 responder by virtue of section 2(1)(d) must include a procedure for determining whether an emergency has occurred which makes it necessary or desirable for it to perform its functions for the purpose of preventing the emergency, reducing, controlling or mitigating its effects or taking any other action in connection with the emergency.

    2. The procedure required under paragraph (1) or (2) must—

      1. identify the person who should determine whether an emergency of the kind specified in paragraph (1) or (2) (as appropriate) has occurred;

      2. specify the procedure which that person should adopt in taking that decision;

      3. specify the persons who should be consulted before such a decision is taken;

      4. specify the persons who should be informed once such a decision is taken.

    Training and exercises

  18.  Every plan maintained by a Scottish Category 1 responder by virtue of section 2(1)(c) or (d) must include—

      1. arrangements for the carrying out of exercises for the purpose of ensuring that the plan is effective;

      2. arrangements for the provision of training of—

        1. an appropriate number of suitable staff of the Scottish Category 1 responder;

        2. such other persons as that Scottish Category 1 responder considers necessary,

    for the purposes of ensuring that those persons can carry out plans maintained by virtue of section (2)(1)(c) or (d) effectively.

    Plan revision

  19.  If the Scottish Ministers issue guidance or an assessment under regulation 11 to a Scottish Category 1 responder, that responder must consider whether that guidance or assessment makes it necessary or expedient to add to or modify plans maintained under section 2(1)(c) or (d).

    20. Vulnerable persons

  20.  In performing its duty under section 2(1)(d), a Scottish Category 1 responder must have regard to the particular needs of vulnerable persons who are present or resident in the area in which the functions of the Scottish Category 1 responder are exercisable and whom the Scottish Category 1 responder knows or has reason to know are vulnerable.

    21. Delegation etc. of duty under section 2(1)(c)

  21.  Notwithstanding any provision of any enactment, a Scottish Category 1 responder may not—

      1. make arrangements with another responder for the performance of a duty of the Scottish Category 1 responder under paragraph (c) of section 2(1) jointly with that other responder; or

      2. make arrangements with another responder for that responder to perform such a duty on behalf of the Scottish Category 1 responder.

     

    PART 5
    Publication of plans and assessments

    Alarming the public unnecessarily

  22.  In performing its duty under section 2(1)(f) (duty to arrange for the publication of assessments and plans), a Scottish Category 1 responder must have regard to the need to avoid alarming the public unnecessarily.

    23. Vulnerable persons etc.

  23.  In performing its duty under section 2(1)(f), a Scottish Category 1 responder must have regard to—

      1. the particular needs of vulnerable persons—

        1. who are present or resident in the area in which the functions of the Scottish Category 1 responder are exercisable, and

        2. whom the Scottish Category 1 responder knows or has reason to know are vulnerable,

        to receive the assessment or plan; and

      2. any difficulties which individuals who are present or resident in that area may have in receiving and understanding the plans and assessments, whether by reason of being vulnerable persons, not speaking English as a first language or otherwise.

     

    PART 6
    Arrangements for warning and provision of information and advice to the public

    Duty to have regard to emergency plans

  24.  In performing its duty under section 2(1)(g) (duty to maintain arrangements to warn, inform and advise the public in the event of an emergency), a Scottish Category 1 responder must have regard to the plans it maintains by virtue of section 2(1)(c) and (d).

    25. General and specific arrangements to warn etc.

  25.  In performing its duty under section 2(1)(g), a Scottish Category 1 responder—

      1. may maintain arrangements which relate to any emergency in relation to which that duty applies; and

      2. may maintain arrangements which relate to a particular emergency or a particular kind of emergency to which that duty applies.

    Alarming the public unnecessarily

  26.  In performing its duty under section 2(1)(g), a Scottish Category 1 responder must have regard to the need to avoid alarming the public unnecessarily.

    27. Vulnerable persons etc.

  27.  In performing its duty under section 2(1)(g), a Scottish Category 1 responder must have regard to—

      1. the particular need of vulnerable persons—

        1. who are present or resident in the area in which the functions of the responder are exercisable, and

        2. whom the Scottish Category 1 responder knows or has reason to know are vulnerable,

        to receive the warning, information or advice; and

      2. any difficulties which individuals who are present or resident in that area may have in receiving and understanding the warning, information and advice, whether by reason of being vulnerable, not speaking English as a first language or otherwise.

    Training and exercises

  28.  The arrangements maintained by a Scottish Category 1 responder under section 2(1)(g) must include arrangements for—

      1. the carrying out of exercise for the purpose of ensuring that the arrangements are effective, and

      2. the provision of training of—

        1. an appropriate number of suitable staff of the Scottish Category 1 responder;

        2. such other persons as that Scottish Category 1 responder considers necessary,

    for the purpose of ensuring that the arrangements can be implemented effectively.

    Identification of Category 1 responder with lead responsibility for warning, informing and advising

  29. – If more than one Category 1 responder which has functions which are exercisable in a particular police area is subject to a duty under section 2(1)(g) in relation to an emergency or an emergency of a particular kind, paragraph (2) applies.

    1. Where this paragraph applies, the Scottish Category 1 responders referred to in paragraph (1) must co-operate with each other and any General Category responders referred to in paragraph (1) for the purpose of identifying which of them will be the Category 1 responder with lead responsibility for warning the public and to provide information and advice to the public if an emergency or an emergency of a particular kind is likely to occur or has occurred in that police area.

    2. In performing their duty under paragraph (2), Scottish Category 1 responders—

      1. may identify a particular Category 1 responder as the Category 1 responder with lead responsibility for warning the public and providing information and advice to the public in relation to an emergency or an emergency of a particular kind before that emergency or an emergency of that kind is likely to occur or has occurred in that public area;

      2. may adopt a procedure by virtue of which the Category 1 responder with lead responsibility for warning the public and providing information and advice to the public may be identified when an emergency, or an emergency of a particular kind, is likely to occur or has occurred; and

      3. may adopt a procedure by virtue of which the Category 1 responder with lead responsibility for warning the public and providing information and advice to the public (whether identified by virtue of arrangements of the kind specified in sub-paragraph (a) or (b)) may be changed when an emergency is likely to occur or has occurred.

    Arrangements to be maintained by Scottish Category 1 responder with lead responsibility

  30. – The arrangements maintained under section 2(1)(g) by a Scottish Category 1 responder which is, pursuant to regulation 29 or any analogous provision of Regulations made by the Minister of the Crown under Part 1, identified as the Category 1 responder with lead responsibility for warning the public and providing advice and information to the public in a particular police area if an emergency or an emergency of a particular kind is likely to occur or has occurred, must ensure so far as reasonably practicable that if a such an emergency is likely to occur or occurs that Scottish Category 1 responder—

      1. is able to contact the other Scottish and General Category 1 responders which have functions which are exercisable in that police area and which are subject to a duty under section 2(1)(g) in relation to that emergency or an emergency of that particular kind;

      2. informs those Scottish and General Category 1 responders of the actions it is taking, and action that it proposes to take, to warn the public and to provide information and advice to the public;

      3. is able to collaborate with those responders in warning the public and providing information and advice to the public.

    1. Paragraph (1) also applies to a Scottish Category 1 responder which is likely to be identified as the Category 1 responder with lead responsibility for warning the public and providing advice and information to the public in a particular police area if an emergency or an emergency of a particular kind is likely to occur or has occurred by virtue of procedures adopted pursuant to regulation 29(2)(b) or (c).

    Arrangements to be maintained by other Scottish Category 1 responders

  31.  The arrangements maintained by a Scottish Category 1 responder under section 2(1)(g) in relation to an emergency or an emergency of a particular kind in relation to which it is not the Category 1 responder with lead responsibility for warning the public and providing advice and information to the public must provide for that Scottish Category 1 responder—

      1. to consult the Scottish or general Category 1 responder with lead responsibility for warning the public and providing advice and information to the public in that police area in relation to that emergency or an emergency of that particular kind on a regular basis;

      2. to inform the Scottish or General Category 1 responder referred to in paragraph (b) of the actions that it is taking and action that it proposes to take to warn the public, and to provide information and advice to the public.

    Advice etc. provided by other responders and the Meteorological Office

  32. – In performing its duty under section 2(1)(g), Scottish Category 1 responders—

      1. must have regard to the arrangements maintained by other Category 1 responders, Category 2 responders and the Meteorological Office to warn the public, and to provide information and advice to the public, if an emergency is likely to occur or has occurred;

      2. need not maintain arrangements to warn the public, and to provide information and advice to the public which would unnecessarily duplicate the warning, information and advice provided by those persons.

    1. For the purposes of paragraph (1), it is immaterial whether the other Category 1 responder, the Category 2 responder or the Meteorological Office maintain the arrangements by virtue of section 2(1)(g), a duty under another enactment or otherwise.

     

    PART 7
    Advice and assistance to business and voluntary organisations

    "Relevant responder"

  33.  In this Part, "relevant responder" means a body which is listed in paragraph 13 of Schedule 1 (local authorities).

    34. Risk assessment

  34.  In performing its duty under section 4(1) (duty to give advice and assistance to those carrying on commercial activities and voluntary organisations), a relevant responder must take into account any relevant community risk register maintained by virtue of regulation 12.

    35. Extent of the duty under section 4(1) in relation to commercial activities

  35. – This regulation applies to the duty of a relevant responder under section 4(1) in so far as it relates to advice and assistance provided to members of the public who are carrying on commercial activities.

    1. That duty only applies in relation to such members of the public who carry on commercial activities who are present or resident in the area in which the functions of the responder are exercisable (referred to in this Part as "businesses which are local to the responder").

    2. In the course of performing that duty, a relevant responder—

      1. must provide advice and assistance to businesses which are local to the responder at large;

      2. may provide advice and assistance to individual businesses which are local to the responder; and

      3. may refer businesses which are local to the responder or individual businesses which are local to the responder to a business continuity consultant.

    3. In paragraph (3), "business continuity consultant" means a person who—

      1. is competent to provide advice and assistance to members of the public in connection with the making of arrangements for the continuance of commercial activities in the event of an emergency; and

      2. has experience of so doing.

    Extent of the duty under section 4(1) in relation to voluntary organisations

  36. – This regulation applies to the duty of a relevant responder under section 4(1) in so far as it relates to advice and assistance provided to voluntary organisations.

    1. A relevant responder need only perform that duty in relation to those voluntary organisations which it considers appropriate.

    2. A relevant responder may determine the manner in which advice and assistance under section 4(1) is provided to voluntary organisations, and may in particular—

      1. provide advice and assistance to voluntary organisations at large;

      2. provide advice and assistance to individual voluntary organisations; and

      3. refer voluntary organisations or individual voluntary organisations to a business continuity consultant (within the meaning of regulation 35(4)).

    3. In determining whether a voluntary organisation is appropriate for the purposes of paragraph (2), a Scottish Category 1 responder must consider—

      1. whether the organisation carries on activities in the area in which the functions of the relevant responder are exercisable;

      2. the nature and extent of activities carried on by the organisation, and in particular the extent to which the organisation carries on activities which contribute to—

        1. the prevention of an emergency occurring;

        2. the reduction, control or mitigation of the effects of an emergency;

        3. otherwise taking action in connection with an emergency;

        4. social welfare;

      3. the number of staff employed by the organisation;

      4. the turnover of the organisation;

      5. the nature of the organisation, and in particular whether the nature of the organisation is such that the advice and assistance provided by the relevant responder is likely to improve the ability of the organisation to continue to carry on its activities in the event of an emergency.

    Co-operation, relevant responder with lead responsibility etc.

  37. – Relevant responders which have functions which are exercisable in a particular police area must co-operate with each other in connection with the performance of their duties under section 4(1).

    1. The other responders which have functions which are exercisable in that police area must co-operate with those relevant responder in connection with the performance by that relevant responder of its duties under section 4(1).

    2. Each relevant responder may—

      1. make arrangements with another responder for the performance of its duty under section 4(1) jointly with that other responder;

      2. make arrangements with another responder for that responder to perform such a duty on behalf of the first relevant responder.

    3. Regulation 6 applies to relevant responders which have functions which are exercisable in a particular police area in relation to their duty under section 4(1) as it applies to Category 1 responders which have functions which are exercisable in a particular police area and which are subject to a particular duty under section 2(1) (other than paragraph (c) or (g)) in relation to an emergency or an emergency of a particular kind.

    4. If, pursuant to paragraph (4), a relevant responder is identified as the relevant responder with lead responsibility in a police area for performing the duty under section 4(1) in relation to an emergency or an emergency of a particular kind, regulations 7 and 8 apply as if—

      1. a reference to the Category 1 responder with lead responsibility for performing a duty under section 2 was a reference to the relevant responder with lead responsibility for performing a duty section 4(1); and

      2. a reference to a non-lead Category 1 responder in relation to an emergency or an emergency of a particular kind was a reference to the relevant responders in a police area which do not have lead responsibility for performing the duty under section 4(1) in relation to that emergency or an emergency of that particular kind.

    Cross border co-operation with relevant responders in England and Wales

  38.  A Scottish Category 1 responder or a Scottish Category 2 responder may co-operate with a body which is listed in paragraph 1 or 2 of Schedule 1 (local authority in England and Wales) in connection with the performance by that body of the duty under section 4(1).

    39. Activities of other responders

  39. – In performing its duty under section 4(1), a relevant responder—

      1. must have regard to any advice and assistance provided by other responders to businesses who are local to it in connection with the making of arrangements for the continuance of commercial activities by the public in the event of an emergency;

      2. must have regard to any advice and assistance provided by other responders to voluntary organisations which carry on activities in the area in which the functions of the responder are exercisable; and

      3. need not perform that duty to the extent that to do so would unnecessarily duplicate the advice and assistance provided by other responders of the kind specified in sub-paragraph (a) or (b).

    1. For the purposes of paragraph (1), it is immaterial whether the advice and assistance provided by another responder is provided by virtue of section 4, a duty under another enactment or otherwise.

    Charging

  40.  Relevant responders may charge for any advice or assistance (including advice and assistance which it is required to provide under regulation 35(3)(a)) provided on request under section 4(1) but that charge must not exceed the aggregate of—

      1. the direct costs of providing the advice or assistance; and

      2. a reasonable share of any costs indirectly related to the provision of the advice or assistance.

     

    PART 8
    Information

    Sensitive information

  41. – In this Part of these Regulations, "sensitive information" means information which is not reasonably accessible to the public and which is—

      1. information the disclosure of which to the public would adversely affect national security;

      2. information the disclosure of which to the public would adversely affect public safety;

      3. information, disclosure of which to the public would or would be likely to significantly harm the legitimate business interests of the person to whom that information relates; or

      4. information which is personal data, within the meaning of section 1(1) of the Data Protection Act 1998(a) if the condition in paragraph (2) or (3) is satisfied.

    1. The condition in this paragraph is—

      1. in a case where the information falls within any of paragraphs (a) to (d) of the definition of "data" in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public would contravene—

        1. any of the data protection principles; or

        2. section 10 of that Act (right to prevent processing likely to cause damage or distress);

      2. in any other case, that the disclosure of the information to a member of the public would contravene any of the data protection principles if the exemptions in section 33A(1) of that Act (which relate to manual data held by public authorities) were disregarded.

    2. The condition in this paragraph is that by virtue of any provision of Part IV of that Act the information is exempt from section 7(1)(c) of that Act (data subject’s right of access to personal data).

    3. In determining for the purposes of paragraph (2) whether anything done before 24th October 2007 would contravene the data protection principles, the exemptions in Part III of Schedule 8 to the Data Protection Act 1998 are to be disregarded.

    4. A certificate signed by the Scottish Ministers certifying that disclosure of information to the public would adversely affect national security is conclusive evidence of that fact.

    5. A certificate under paragraph (5) may be given in relation to specific information or to information of a specified kind and may be expressed to have prospective effect.

    6. A document purporting to be a certificate under paragraph (5) shall be received in evidence and deemed to be such a certificate unless the contrary is proved.

    7. A document which purports to be certified by or on behalf the Scottish Ministers as a true copy of a certificate issued by the Scottish Ministers under paragraph (5) shall in any legal proceedings be sufficient evidence (or in England and Wales evidence) of that certificate.

    8. In determining whether information is reasonably accessible for the purposes of paragraph (1), the possibility of a person accessing the information by virtue of the Freedom of Information (Scotland) Act 2002(b) or the Environmental Information (Scotland) Regulations 2004(c) shall be disregarded.

    9. Subsections (2) and (3) of section 25 of the Freedom of Information Act 2002 (information otherwise accessible) applies for the purposes of paragraph (1); and for that purpose, each reference in those provisions to the applicant shall be taken as a reference to the public.

    (a) 1998 c.29.
    (b) 2002 asp13.
    (c) S.S.I. 2004/520.

    Information sharing for the purposes of civil protection duties under the Act

  42. – This regulation applies where a Scottish Category 1 responder or a general Category 1 responder ("the requesting responder"), by notice in writing, require any other Scottish Category 1 or Scottish category 2 responder ("the receiving responder") to provide specified information or information of a specified description, and the requesting responder reasonably requires the information in connection with the performance of a duty under section 2(1)(a) to (d) or section 4(1).

    1. A request made must include reasons as to why the requesting responder requires the information in connection with the performance of a duty under section 2(1)(a) to (d) or section 4(1).

    2. Subject to paragraphs (6) and (8), the receiving responder must comply with a request.

    3. The information must be provided—

      1. before the end of such reasonable period as may be specified by the requesting responder; and

      2. at such place as may be reasonably specified by that responder.

    4. The requesting responder may require any information provided under this regulation to be provided in such form as it may reasonably require.

    5. If, or to the extent that a request relates to sensitive information and the receiving responder has reasonable grounds to believe that complying with the request would—

      1. in the case of sensitive information of the kind specified by paragraph (1)(a) of regulation 41, adversely affect national security;

      2. in the case of sensitive information of the kind specified by paragraph (1)(b), (c) or (d) of regulation 41, impair the confidentiality of the information,

      the receiving responder must not comply with the request.

    6. If a receiving responder refuses to comply with a request under paragraph (1) in the circumstances specified in paragraph (6)(b), it must give its reasons for holding the belief specified in paragraph (6)(b) to the requesting responder.

    7. To the extent that a request relates to sensitive information which has been directly or indirectly supplied to the receiving responder by any of the bodies specified in paragraph (9), the receiving responder must not comply with the request unless that body has given its consent to the provision of the information to the requesting responder; such consent may contain conditions.

    8. The bodies specified by this paragraph are—

      1. the Security Service;

      2. the Secret Intelligence Service;

      3. the Government Communications Headquarters;

      4. the National Criminal Intelligence Service.

    9. Paragraph (11) applies if, or to the extent that, the receiving responder is a Scottish public authority within the meaning of the Environmental Information (Scotland) Regulations 2004 and the information requested is environmental information to which those Regulations apply.

    10. Where this paragraph applies—

      1. paragraph (2) does not apply;

      2. to the extent that paragraphs (4) and (5) conflict with regulation 5(2), 6, 7 or 9 of those Regulations (which relate to the time table for dealing with a request of environmental information, form and format of information, extension of time and advice and assistance to applicants), those paragraphs do not apply to the request;

      3. paragraphs (6) and (8) apply only to the extent that the request may be refused under regulation 11(1) (personal data) or 10 (exceptions to the duty to disclose environmental information) of those Regulations;

      4. notwithstanding regulation 8 of those Regulations (charging), the receiving responder may not make a charge for supplying the environmental information requested.

    Information sharing for the purposes of other civil protection duties

  43. – This regulation applies where any responder, ("the requesting responder") by notice in writing, requires any other responder ("the receiving responder") to provide specified information or information of a specified description that the requesting responder reasonably requires in connection with the performance of a function which relates to an emergency.

    1. A request must include reasons as to why the requesting responder requires the information in connection with the performance of a function which relates to an emergency.

    2. Subject to paragraphs (6) and (8), the receiving responder must comply with a request.

    3. The information must be provided—

      1. before the end of such reasonable period as may be specified by the requesting responder; and

      2. at such place as may be reasonably specified by that responder.

    4. The requesting responder may require any information provided under this regulation to be provided in such form as it may reasonably require.

    5. If, or to the extent that, a request relates to sensitive information and the receiving responder has reasonable grounds to believe that complying with the request would—

      1. in the case of sensitive information of the kind specified by paragraph (1)(a) of regulation 41, adversely affect national security;

      2. in the case of sensitive information of the kind specified by paragraph (1)(b), (c) or (d) of regulation 41, adversely affect the confidentiality of the information;

      the receiving responder must not comply with the request.

    6. If a receiving responder refuses to comply with a request under paragraph (1) in the circumstances specified in paragraph (6)(b), it must give its reasons for holding the belief specified in paragraph (6)(b) to the requesting responder.

    7. If, or to the extent that, a request relates to sensitive information which has been directly or indirectly supplied to the receiving responder by any of the bodies specified in paragraph (9), the receiving responder must not comply with the request unless that body has given its consent to the provision of the information to the requesting responder; such consent may contain conditions.

    8. The bodies specified by this paragraph are—

      1. the Security Service;

      2. the Secret Intelligence Service;

      3. the Government Communications Headquarters;

      4. the National Criminal Intelligence Service.

    9. Paragraph (11) applies if, or to the extent that, the receiving responder is a Scottish public authority within the meaning of the Environmental Information (Scotland) Regulations 2004 and the information requested is environmental information to which those Regulations apply.

    10. Where this paragraph applies—

      1. paragraph (2) does not apply;

      2. to the extent that paragraphs (4) and (5) conflict with regulation 5(2), 6, 7 or 9 of those Regulations (which relate to the time table for dealing with a request of environmental information, form and format of information, extension of time and advice and assistance to applicants), those paragraphs do not apply to the request;

      3. paragraphs (6) and (8) apply only to the extent that the request may be refused under regulation 11(1) (personal data) or 10 (exceptions to the duty to disclose environmental information) of those Regulations;

      4. notwithstanding regulation 8 of those Regulations (charging), the receiving responder may not make a charge for supplying the environmental information requested.

    Disclosure or publication of sensitive information

  44. – Except where required to do so under regulation 12 or 42 a Scottish Category 1 or 2 responder must not publish or disclose to any person any sensitive information which—

      1. it has received under or by virtue of any provision of these Regulations;

      2. it has received under or by virtue of any regulations made by a Minister of the Crown under section 6(1) or 15(3);

      3. it has created in discharging its duties under the Act, these Regulations or any regulations of the kind mentioned in sub-paragraph (b)

      unless paragraph (2) or (7) applies.

    1. This paragraph applies, subject to paragraph (3), if consent for the publication or disclosure has been given by—

      1. in relation to sensitive information of the kind specified by paragraph (1)(a) or (b) of regulation 41 the originator of the information or (if different) a Minister of the Crown;

      2. in relation to sensitive information of the kind specified by paragraph (1)(c) or (d) of that regulation, the person to whom the information relates.

    2. Paragraph (2) does not apply to information of the kind specified by paragraph (1)(a) of regulation 41 if the Scottish Ministers have issued a certificate in writing indicating that publication or disclosure of the information would adversely affect national security.

    3. Consent under paragraph (2) may be given in relation to specific information or to information of a specified kind and may include conditions.

    4. In paragraph (2), "originator of the information" means—

      1. if the information has been directly or indirectly supplied to the responder by one of the bodies specified in paragraph (6), that body;

      2. if sub-paragraph (a) does not apply, the information takes the form of a document and that document has been created by a public authority, that public authority;

      3. otherwise, the person who supplied the information to the responder.

    5. The bodies specified by this paragraph are—

      1. the Security Service;

      2. the Secret Intelligence Service;

      3. the Government Communications Headquarters;

      4. the National Criminal Intelligence Service.

    6. This paragraph applies if —

      1. the information is sensitive information of the kind specified by paragraph (1)(c) or (d) of regulation 41;

      2. the information is not sensitive information of the kind specified by paragraph (1)(a) or (b) of regulation 41;

      3. the responder is satisfied that the public interest in publishing or disclosing the information outweighs the legitimate interests of the person to whom that information relates; and

      4. the responder has informed the person to whom the sensitive information relates of its intention to publish or disclose the information and its reasons for being satisfied of the matter specified in sub-paragraph (c).

    7. Paragraph (1) is not to be taken as prohibiting disclosure of information for the purposes of section 26 of the Freedom of Information (Scotland) Act 2000(a)and information to which paragraph (1) is not to be treated as exempt information by virtue of that section (though that information may be exempt information for the purposes of that Act by virtue of another provision of that Act).

    (a) asp 23 2002.

    Use of sensitive information

  45. – Subject to paragraph (3), sensitive information which a Scottish Category 1 responder has received—

      1. under or by virtue of any provision of these Regulations (except regulation [43]);

      2. under or by virtue of any regulations made by a Minister of the Crown under section 15(3);

      may only be used by that responder for the purpose of performing a duty under section 2(1) or 4(1) of the Act.

    1. Subject to paragraph (3), sensitive information which a Scottish Category 1 responder has received—

      1. under or by virtue of regulation 43;

      2. under or by virtue of any regulations made by a Minister of the Crown under section 6(1);

      may only be used by that responder for the purpose of performing the function for which, or in connection with which, the information was requested.

    2. Sensitive information may be used for purposes other than those specified in paragraph (1) or (2) if consent for such use is given by—

      1. in relation to sensitive information of the kind specified by paragraph (1)(a) or (b) of regulation 41, the originator or (if different) a Minister of the Crown;

      2. in relation to sensitive information of the kind specified by paragraph (1)(c) or (d) of regulation 41, the person to whom the information relates.

    3. Consent under paragraph (3) may be given in relation to specific information or to information of a specified kind and may include conditions.

    4. In paragraph (3), "originator of the information" means—

      1. if the information has been directly or indirectly supplied to the responder by one of the bodies specified in paragraph (6), that body;

      2. if sub-paragraph (a) does not apply, the information takes the form of a document and that document has been created by a public authority, that public authority;

      3. otherwise, the person who supplied the information to the responder.

    5. The bodies specified by this paragraph are—

      1. the Security Service;

      2. the Secret Intelligence Service;

      3. the Government Communications Headquarters;

      4. the National Criminal Intelligence Service.

    6. In this regulation, "use" does not include publication and disclosure.

    Security of sensitive information

  46. – This regulation applies to sensitive information—

      1. obtained by a Scottish Category 1 responder under or by virtue of any provision of these Regulations;

      2. obtained under or by virtue of any regulations made by a Minister of the Crown under section 6(1) or 15(3); or

      3. has been created by a responder in discharging its duties under the Act, these Regulations or Regulations made by a Minister of the Crown.

    1. Each responder must have in place arrangements for ensuring that —

      1. sensitive information of the kind specified by paragraph (1)(a) of regulation 41 is not compromised; and

      2. the confidential nature of sensitive information of the kind specified by paragraph (1)(b), (c) or (d) of regulation 41 is not impaired.

    2. The arrangements specified by paragraph (2) must include arrangements for ensuring that—

      1. sensitive information is clearly identifiable as such;

      2. in the case of sensitive information obtained under regulation 41, only those persons who—

        1. are involved in the performance of a duty under section 2(1) or 4(1), and

        2. as a result, need to have access to sensitive information,

        have access to sensitive information;

      3. in the case of any other sensitive information, only those persons who—

        1. are involved in the performance of the function for which, or in connection with which, the information was requested, and

        2. as a result, need to have access to sensitive information,

        have access to the sensitive information;

      4. sensitive information is stored in a secure manner;

      5. sensitive information is transferred (including transferral by electronic means) in a secure manner.

A member of the Scottish Executive

St Andrew’s House,
Edinburgh
2005

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations relate to the extent of the duties imposed on certain bodies (referred to as "Scottish Category 1 responders") listed in Part 2 of Schedule 1 to the Civil Contingencies Act 2004 ("the Act") under sections 2 and 4 of that Act (duties to assess, and plan for emergencies and duties to provide advice and assistance to business) and the manner in which those duties are to be performed.

Part 2 of these Regulations makes general provisions about the extent and performance of those duties. Regulation 3 requires Scottish Category 1 responders which have functions which are exercisable in a particular area to co-operate with each other. This form of co-operation is referred to as the Strategic Co-ordinating Group. In addition, bodies listed in Part 3 of Schedule 1 to the Act (referred to as "Scottish Category 2 responders") may ask to be, or be asked, to participate in the Strategic Co-ordinating Group. It also enables Scottish Category 1 and Scottish Category 2 responders to co-operate with General Category 1 responders (those bodies listed in Part 1 of Schedule 1 to the Act). Regulation 5 enables responders to make arrangements with each other for the discharge of the duties of Scottish Category 1 responders under section 2 of the Act jointly or for one responder to perform those duties on behalf of another. Regulations 6 to 8 enable Category 1 responders to identify one Category 1 responder as having the lead responsibility for performing certain functions under section 2 of the Act in a particular police area. Regulation 9 provides that the duties under section 2 of the Act do not apply to certain emergencies. These are emergencies in relation to which existing legislation already makes provision which is analogous to the Act.

Part 3 of these Regulations relates to the duty of Scottish Category 1 responders under section 2(1)(a) and (b) of the Act to assess the risk of an emergency occurring. Regulation 10 specifies that the duty only applies in relation to an emergency which affects or may affect the geographical area in which the functions of the Scottish Category 1 responder are exercisable. Regulation 11 enables Scottish Ministers to issue guidance as to the risk of a particular emergency occurring or impact that it would have or an assessment of a particular emergency occurring or the impact of such an emergency. Regulation 12 requires Scottish Category 1 responders, as part of the Strategic Co-ordinating Group to collaborate with each other in maintaining a register (referred to as the "community risk register") of the assessment carried out by each of them under section 2.

Part 4 of these Regulations relates to the duty of Scottish Category 1 responders under section 2(1)(c) and (d) of the Act to maintain plans to respond to an emergency. Regulation 13 requires Scottish Category 1 responders to have regard to any assessment of risk carried out by it by virtue of section 2(1)(a) or (b) of the Act. Regulation 14 provides that, in performing that duty, Scottish Category 1 responders may maintain a single, general plan which relates to any emergency to which those duties apply or maintain specific plans to deal with particular emergencies. Regulation 15 requires responders to consider whether it would be appropriate to perform its functions under section 2(1)(d) by way of a plan maintained by more than one Scottish Category 1 responder (a "multi-agency plan"). Regulation 16 requires Scottish Category 1 responders to have regard to the activities carried out by certain voluntary organisations. Regulation 17 requires Scottish Category 1 responders to include in the plans maintained by virtue of section 2(1)(c) and (d) of the Act a procedure for determining whether an emergency has occurred. Regulation 18 requires those plans to include arrangements for exercises and training. Regulation 19 requires Scottish Category 1 responders to consider whether such plans must be revised when Scottish Ministers issue guidance or an assessment under regulation 11. Regulation 22 requires responders to have regard to the needs of vulnerable persons. Regulation 21 provides that responders may not delegate their functions under section 2(1)(c) to any other person.

Part 5 of these Regulations relates to the duty of Scottish Category 1 responders under section 2(1)(f) of the Act to publish in part the assessments made and plans maintained under section 2(1)(a) to (d) of the Act. Regulation 22 requires Scottish Category 1 responders to have regard to the importance of not alarming the public unnecessarily. Regulation 23 requires Scottish Category 1 responders to have regard to the need of vulnerable persons to receive the risk assessments and plans and any difficulties which other persons may have in receiving and understanding the assessments and plans.

Part 6 of these Regulations relates to the duty of Scottish Category 1 responders under section 2(1)(g) of the Act to maintain arrangements to warn and provide advice to the public in the event of an emergency. Regulation 24 provides that Scottish Category 1 responders must have regard to the plans it maintains by virtue of section 2(1)(c) and (d). Regulation 25 provides that Scottish Category 1 responders may maintain general arrangements to warn and provide advice to the public or specific arrangements. Regulation 26 requires Scottish Category 1 responders to have regard to the importance of not alarming the public unnecessarily. Regulation 27 requires Category 1 responders to have regard to the need of vulnerable persons to receive the risk assessments and plans and any difficulties which other persons may have in receiving and understanding the assessments and plans. Regulation 28 requires Scottish Category 1 responders to exercise their arrangements and to train their staff in operating those arrangements. Regulation 29 to 31 require Scottish Category 1 responders to identify or have arrangements to identify the Category 1 responder with lead responsibility for warning, informing and advising the public. Regulation 32 requires responders to have regard to the warnings, information and advice provided to the public and by other Scottish Category 1 responders and the Meteorological Office and provides that Category 1 responders need not duplicate that effort.

Part 7 of these Regulations relates to the duty of responders who are local authorities (referred to as "relevant responders") under section 4(1) of the Act to give advice and assistance to the public in connection with the making of arrangements for the continuance of commercial activities by the public or the carrying on by voluntary organisations of their activities in the event of an emergency. Regulation 34 requires relevant responders to take into account any relevant community risk register maintained under regulation 12. Regulation 35 specifies the scope of the duty in relation to commercial activities. It provides that the duty only applies to members of the public who are resident or present in the area in which the functions of the responder are exercisable It also provides that relevant responders must provide advice and assistance to those members of the public at large, and may in addition provide advice and assistance to individual members of the public or refer them to a business continuity consultant. Regulation 36 specifies the scope of the duty in relation to voluntary organisations. It provides that relevant responders must determine which voluntary organisations should receive advice and assistance, having had regard to the factors listed in this regulation. Regulation 37 requires relevant responders which have functions which are exercisable in a police area to co-operate with each other. Relevant responders may make arrangements with each other for the discharge of their duties under section 4 of the Act jointly or for one relevant responder to perform those duties on behalf of another. Regulation 38 relates to cross-border co-operation between local authorities in England and Wales and Scottish Category 1 and 2 responders. Regulation 39 requires relevant responders to have regard to the advice and assistance provided of this kind by other responders and provides that relevant responders need not unnecessarily duplicate that advice or assistance. Regulation 40 enables relevant responders to charge for any advice or assistance provided on request. Such charge may not exceed the costs of the provision of that advice or assistance (taking into account the indirect costs).

Part 8 relates to information. Regulation 41 defines "sensitive information". Regulation 42 enables Category 1 responders to require any other responder to provide information which it reasonably requires in connection with the performance of its functions under section 2(1)(a) to (d) of the Act. A responder may refuse to comply with such a requirement in certain circumstances. Regulation 43 enables any responder to require another responder to provide information which it reasonably requires in connection with the performance of a function which relates to an emergency. A responder may refuse to comply with such a requirement in certain circumstances. Regulation 44 provides that Category 1 responders must not publish or disclose to the public sensitive information obtained or created by virtue of the Act or these Regulations unless certain conditions are satisfied. Regulation 45 limits the use that can be made of sensitive information which has been obtained under these Regulations. Regulation 46 imposes requirements on responders as to storage and handling of sensitive information obtained under these Regulations.

 

< Previous | Contents | Next >

* * *
* Home | Topics | About | News | Publications | Consultations | Search | Links | Contacts | Help *
Crown Copyright | Privacy policy | Content Disclaimer | General enquiries