Civil Contingencies Act 2004

Miscellaneous

Enforcement: Scotland

National Assembly for Wales

Limitations of emergency regulations

Minor and consequential amendments and repeals

1A. The Greater London Authority.

1A

The Greater London Authority.

4A

NHS England.

12A

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29ZA

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26A

A person who, for the purposes of Part 1 of the Civil Aviation Act 2012, is an operator of an airport area that consists of or forms part of an airport in Great Britain.

36A

A person who, for the purposes of Part 1 of the Civil Aviation Act 2012, is an operator of an airport area that consists of or forms part of an airport in Scotland.

Miscellaneous

29B

The Office for Nuclear Regulation.

8A

• (1) This section applies where—

• (a) there is an urgent need to make provision of the kind that could be made by an order under section 5(2A) or by regulations under section 6(2A), but

• (b) there is insufficient time for the order or regulations to be made.

• (2) The Welsh Ministers may by direction make provision of the kind that could be made by an order under section 5(2A) or by regulations under section 6(2A).

• (3) A direction under subsection (2) must be in writing.

• (4) Where the Welsh Ministers give a direction under subsection (2)—

• (a) they may revoke or vary the direction by further direction,

• (b) they must revoke the direction as soon as is reasonably practicable (and they may, if or in so far as they think it desirable, re-enact the substance of the direction by way of an order under section 5(2A) or by way of regulations under section 6(2A)), and

• (c) the direction ceases to have effect at the end of the period of 21 days beginning with the day on which it is given (but without prejudice to the power to give a new direction).

• (5) A provision of a direction under subsection (2) is to be treated for all purposes as if it were a provision of an order under section 5(2A) or of regulations under section 6(2A).

11A

• (1) Any of the following may bring proceedings in the High Court in respect of a failure by a person or body listed in Part 2A or 5 of Schedule 1 to comply with section 2(1), 3(3), 4(1) or (8), 5(3), 6(6), 9(4) or 15B(7)—

• (a) the Welsh Ministers,

• (b) a person or body listed in Part 2A of Schedule 1, and

• (c) a person or body listed in Part 5 of Schedule 1.

• (2) In proceedings under subsection (1) the High Court may grant any relief, or make any order, that it thinks appropriate.

14B

• (1) A Minister of the Crown must consult the Welsh Ministers before making regulations or an order under this Part in relation to a person or body if or in so far as the person or body exercises functions in relation to Wales.

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

15B

• (1) Where a person or body listed in Part 1 or 2 of Schedule 1 has a duty under section 2 or 4, the Welsh Ministers may make regulations—

• (a) permitting or requiring a person or body listed in Part 2A or 5 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 or 2 of that Schedule in connection with the performance of the duty;

• (b) permitting or requiring a person or body listed in Part 2A or 5 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 or 2 of that Schedule in connection with the performance of the duty.

• (2) The Welsh Ministers may issue guidance about a matter addressed in regulations under subsection (1).

• (3) Where a person or body listed in Part 2A of Schedule 1 has a duty under section 2 or 4, a Minister of the Crown may make regulations—

• (a) permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 2A of that Schedule in connection with the performance of the duty;

• (b) permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 2A of that Schedule in connection with the performance of the duty.

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

• (5) If an order is made under section 5(1) or (2) imposing a duty on a person or body listed in Part 1 or 2 of Schedule 1, the Welsh Ministers may make an order—

• (a) permitting or requiring a person or body listed in Part 2A or 5 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 1 or 2 of that Schedule in connection with the duty;

• (b) permitting or requiring a person or body listed in Part 2A or 5 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 1 or 2 of that Schedule in connection with the duty.

• (6) If the Welsh Ministers make an order under section 5(2A) imposing a duty on a person or body listed in Part 2A of Schedule 1, a Minister of the Crown may make an order—

• (a) permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to co-operate, to such extent and in such manner as may be specified, with the person or body listed in Part 2A of that Schedule in connection with the duty;

• (b) permitting or requiring a person or body listed in Part 1 or 3 of that Schedule to provide information, either on request or in other specified circumstances, to the person or body listed in Part 2A of that Schedule in connection with the duty.

• (7) A person or body must—

• (a) comply with regulations or an order under this section, and

• (b) have regard to guidance under this section.

• (8) In this Act, except where the contrary intention appears—

• (a) a reference to an order under section 5(1) includes a reference to an order under subsection (6) above; and

• (b) a reference to an order under section 5(2A) includes a reference to an order under subsection (5) above.

Part 2A — Category 1 Responders: Wales

Local authorities

18A

• (1) A county council in Wales.

• (2) A county borough council.

Emergency services

18B

A fire and rescue authority in Wales within the meaning of section 1 of the Fire and Rescue Services Act 2004.

Health

18C

A National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006 if, and so far as, it has the function of providing—

• (a) ambulance services,

• (b) hospital accommodation and services in relation to accidents and emergencies, or

• (c) services in relation to public health.

18D

A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

Environment

18E

The Natural Resources Body for Wales.

Port Health Authorities

18F

A port health authority in Wales constituted under section 2(4) of the Public Health (Control of Disease) Act 1984.

Part 5 — Category 2 Responders: Wales

Utilities

39

A water undertaker or sewerage undertaker appointed under section 6 of the Water Industry Act 1991 for an area wholly or mainly in Wales.

Transport

40

The Welsh Ministers, in so far as their functions relate to matters for which they are responsible by virtue of section 1 of the Highways Act 1980.

38A

Public Health Scotland constituted by the Public Health Scotland Order 2019.

Integration authorities

17A

An integration authority within the meaning of section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014.

4B

An integrated care board established under section 14Z25 of the National Health Service Act 2006.

29C

The Coal Authority.

29D

The Secretary of State, in so far as the functions of the Secretary of State include the activities of the Meteorological Office.