Civil Contingencies Act 2004

“traffic calming works”, in relation to a highway, means works affecting the movement of vehicular or other traffic for the purpose of— (a) promoting safety (including avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11)), or (b) preserving or improving the environment through which the highway runs;

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Road Traffic Regulation Act 1984 (c. 27)

16

• (1) The Road Traffic Regulation Act 1984 shall be amended as follows.

• (2) In Part 2 (traffic regulation: special cases) after section 22B insert—

(22C) (1) An order may be made under section 1(1)(a) for the purpose of avoiding or reducing, or reducing the likelihood of, danger connected with terrorism (for which purpose the reference to persons or other traffic using the road shall be treated as including a reference to persons or property on or near the road). (2) An order may be made under section 1(1)(b) for the purpose of preventing or reducing damage connected with terrorism. (3) An order under section 6 made for a purpose mentioned in section 1(1)(a) or (b) may be made for that purpose as qualified by subsection (1) or (2) above. (4) An order may be made under section 14(1)(b) for a purpose relating to danger or damage connected with terrorism. (5) A notice may be issued under section 14(2)(b) for a purpose relating to danger or damage connected with terrorism. (6) In this section “terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11). (7) In Scotland an order made, or notice issued, by virtue of this section is to be made or issued not by the traffic authority, if the traffic authority is the Scottish Ministers, but by the Secretary of State. (8) In Wales an order made, or notice issued, by virtue of this section may be made or issued only with the consent of the Secretary of State if the traffic authority is the National Assembly for Wales. (22D) (1) An order may be made by virtue of section 22C only on the recommendation of the chief officer of police for the area to which the order relates. (2) The following shall not apply in relation to an order made by virtue of section 22C— (a) section 3, (b) section 6(5), (c) the words in section 14(4) from “but” to the end, (d) section 121B, and (e) paragraph 13(1)(a) of Schedule 9. (3) Sections 92 and 94 shall apply in relation to an order under section 14 made by virtue of section 22C as they apply in relation to an order under section 1 or 6. (4) An order made by virtue of section 22C, or an authorisation or requirement by virtue of subsection (3) above, may authorise the undertaking of works for the purpose of, or for a purpose ancillary to, another provision of the order, authorisation or requirement. (5) An order made by virtue of section 22C may— (a) enable a constable to direct that a provision of the order shall (to such extent as the constable may specify) be commenced, suspended or revived; (b) confer a discretion on a constable; (c) make provision conferring a power on a constable in relation to the placing of structures or signs (which may, in particular, apply a provision of this Act with or without modifications).

• (3) In section 67 (traffic signs: emergencies &c.) after subsection (1) insert—

(1A) In subsection (1)— (a) “extraordinary circumstances” includes terrorism or the prospect of terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11), and (b) the reference to 7 days shall, in the application of the subsection in connection with terrorism or the prospect of terrorism, be taken as a reference to 28 days; but this subsection does not apply to a power under subsection (1) in so far as exercisable by a traffic officer by virtue of section 7 of the Traffic Management Act 2004 (c. 18).

• (4) In Schedule 9 (reserve powers of Secretary of State, Scottish Ministers and National Assembly for Wales)—

• (a) in paragraph 1, after “sections 1, 6, 9,” insert “ 14 (in so far as the power under that section is exercisable by virtue of section 22C), ”, and—

• (b) after paragraph 12 insert—

(12A) Article 2 of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (SI 1999/1750) shall not apply to a provision of this Schedule in so far as it relates to the exercise of a power under this Act by virtue of section 22C. (12B) A power conferred upon the Secretary of State by this Schedule shall, in so far as it relates to the exercise of a power under this Act by virtue of section 22C, be exercisable in relation to Wales by the National Assembly for Wales with the consent of the Secretary of State.

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Roads (Scotland) Act 1984 (c. 54)

17

• (1) After section 39B of the Roads (Scotland) Act 1984 (traffic calming works regulations) insert—

(39BA) (1) Where— (a) the construction of any traffic calming works is for the purpose of avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000, and (b) the function of constructing those works would, but for this section, be exercisable by the Scottish Ministers, that function shall instead be exercisable by the Secretary of State. (2) The power to make regulations under section 39B of this Act— (a) for the purpose of, or in connection with, avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000, and (b) which would, but for this section, be exercisable by the Scottish Ministers, shall instead be exercisable by the Secretary of State. (3) Regulations under section 39B of this Act may, if they are made by virtue of subsection (2) above, provide that, in such circumstances as the regulations may specify, works may be constructed or removed only with the consent of a police officer of such class as the regulations may specify.

• (2) In section 40 of that Act (interpretation of sections 36 to 39C) for the definition of “traffic calming works” substitute—

“traffic calming works”, in relation to a road, means works affecting the movement of vehicular or other traffic for the purpose of— (a) promoting safety (including avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11)), or (b) preserving or improving the environment through which the road runs.

SCHEDULE 3

Duty to assess, plan and advise

Section 2: supplemental

General measures

12A

• (1) A Minister of the Crown may, for the purposes mentioned in subsection (2), make regulations addressing the provision or disclosure of national security information.

• (2) Regulations under this section are to apply for the purposes of any regulations or order made by the Department of Justice in Northern Ireland under this Part; and any regulations or order made by the Department has effect subject to regulations under this section.

• (3) “National security information” means information the disclosure of which to the public would, or would be likely to, adversely affect national security.

• (4) Regulations under this section may (in particular)—

• (a) provide that national security information is not to be provided or disclosed, or is to be provided or disclosed only in specified circumstances or in a specified way, despite any provision of regulations or an order made by the Department of Justice;

• (b) provide that a certificate signed by a Minister of the Crown certifying that the disclosure of information to the public would, or would be likely to, adversely affect national security is conclusive evidence of that fact;

• (c) provide that such a certificate may identify the information to which it applies by means of a general description and may be expressed to apply to information within that description that comes into existence after the certificate is made;

• (d) confer other functions on a Minister of the Crown or any other specified person or body (and a function conferred may, in particular, be a power or duty to exercise a discretion).

14A

• (1) A Minister of the Crown must consult the Department of Justice in Northern Ireland before making regulations or an order under this Part in relation to the Chief Constable (PSNI).

• (2) The Department of Justice must consult a Minister of the Crown before making regulations or an order under this Part.

15A

• (1) In relation to emergencies that do not fall within section 1(1)(c)—

• (a) the power under section 15(3) or (6), or section 15B(3) or (6) to make regulations or an order permitting or requiring the Chief Constable (PSNI) to co-operate with, or provide information to, a person or body listed in Part 2 or 2A of Schedule 1 is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown);

• (b) the power under section 15(4) or 15B(4) to issue guidance is exercisable by the Department of Justice (and not by a Minister of the Crown) in relation to regulations made by the Department.

• (2) Where the Chief Constable (PSNI) has a duty under section 2, a Minister of the Crown may, in relation to emergencies that do not fall within section 1(1)(c), make regulations—

• (a) permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to co-operate, to such extent and in such manner as may be specified, with the Chief Constable (PSNI) in connection with the performance of the duty;

• (b) permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to provide information, either on request or in other specified circumstances, to the Chief Constable (PSNI) in connection with the performance of the duty.

• (3) A Minister of the Crown may issue guidance about a matter addressed in regulations under subsection (2).

• (4) If the Department of Justice in Northern Ireland makes an order under section 5(1) imposing a duty on the Chief Constable (PSNI), a Minister of the Crown may make an order—

• (a) permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to co-operate, to such extent and in such manner as may be specified, with the Chief Constable (PSNI) in connection with the duty;

• (b) permitting or requiring another person or body listed in Part 1 or 3 of Schedule 1 to provide information, either on request or in other specified circumstances, to the Chief Constable (PSNI) in connection with the duty.

• (5) Where a person or body listed in Part 1 of Schedule 1 (other than the Chief Constable (PSNI)) has a duty under section 2 or 4, the Department of Justice in Northern Ireland may, in relation to emergencies that do not fall within section 1(1)(c), make regulations—

• (a) permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 of Schedule 1 in connection with the performance of the duty;

• (b) permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 of Schedule 1 in connection with the performance of the duty.

• (6) The Department of Justice in Northern Ireland may issue guidance about a matter addressed in regulations under subsection (5).

• (7) If a Minister of the Crown makes an order under section 5(1) imposing a duty on a person or body listed in Part 1 of Schedule 1, the Department of Justice in Northern Ireland may, in relation to emergencies that do not fall within section 1(1)(c), make an order—

• (a) permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 of Schedule 1 in connection with the duty;

• (b) permitting or requiring the Chief Constable (PSNI) (if listed in Part 1 or 3 of Schedule 1) to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 of Schedule 1 in connection with the duty.

• (8) A person or body must comply with regulations or an order under this section and must have regard to guidance under this section.

• (9) In this Act, except where the contrary intention appears, a reference to an order under section 5(1) includes a reference to an order under subsection (4) or (7) above.

Wales: cross-border collaboration

Meaning of “emergency”

Limitations of emergency regulations

Minor and consequential amendments and repeals

Local authorities

1A. The Greater London Authority.

Emergency services

Health

Miscellaneous

Local authorities

Emergency services

Health

Miscellaneous

Utilities

Transport

Health and safety

Health

29A

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Utilities

Transport

Health

Civil Defence Act 1939 (c. 31)

Civil Defence Act (Northern Ireland) 1939 (c. 15 (N.I.))

Civil Defence Act 1948 (c. 5)

Civil Defence Act (Northern Ireland) 1950 (c. 11 (N.I.))

Defence Contracts Act 1958 (c. 38)

Public Expenditure and Receipts Act 1968 (c. 14)

Local Government Act 1972 (c. 70)

Civil Protection in Peacetime Act 1986 (c. 22)

Road Traffic Act 1988 (c. 52)

Metropolitan County Fire and Rescue Authorities

Emergency Powers Act 1920 (c. 55)

Emergency Powers Act (Northern Ireland) 1926 (c. 8)

Northern Ireland Act 1998 (c. 47)

Energy Act 1976 (c. 76)

Highways Act 1980 (c. 66)

Road Traffic Regulation Act 1984 (c. 27)

Roads (Scotland) Act 1984 (c. 54)

Editorial notes