- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/03/2007)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/03/2007.
Civil Contingencies Act 2004, SCHEDULE 2 is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 32
1U.K.The Civil Defence Act 1939 shall cease to have effect.
2U.K.The Civil Defence Act (Northern Ireland) 1939 shall cease to have effect.
3U.K.The Civil Defence Act 1948 shall cease to have effect.
Commencement Information
I1Sch. 2 para. 3 partly in force; Sch. 2 para. 3 not in force at Royal Assent see s. 34; Sch. 2 para. 3 in force for specified purposes at 1.4.2005 by S.I. 2005/772, art. 2(a)
4U.K.The Civil Defence Act (Northern Ireland) 1950 shall cease to have effect.
5U.K.In section 6(1) of the Defence Contracts Act 1958 (interpretation, &c.), in the definition of “defence materials” omit paragraph (b).
6U.K.Section 4 of the Public Expenditure and Receipts Act 1968 (compensation to civil defence employees for loss of employment, &c.) shall cease to have effect.
7U.K.In section 138 of the Local Government Act 1972 (emergency powers)—
(a)subsection (1A) shall cease to have effect, and
(b)in subsection (3) for “subsections (1) and (1A) above” substitute “ subsection (1) above ”.
8U.K.The Civil Protection in Peacetime Act 1986 shall cease to have effect.
9U.K.In section 65A(5) of the Road Traffic Act 1988 (light passenger vehicles and motor cycles not to be sold without EC certificate of conformity) omit paragraph (c).
10(1)The bodies established by section 26 of the Local Government Act 1985 (c. 51) and known as metropolitan county fire and civil defence authorities shall be known instead as metropolitan county fire and rescue authorities.
(2)So far as necessary or appropriate in consequence of sub-paragraph (1), a reference in an enactment, instrument, agreement or other document to a metropolitan county fire and civil defence authority shall be treated as a reference to a metropolitan county fire and rescue authority.
(3)In the following provisions for “(fire services, civil defence and transport)” substitute “ (fire and rescue services and transport) ”
(a)paragraph 29 of Schedule 1A to the Race Relations Act 1976 (c. 74),
(b)sections 21(1)(i), 39(1)(g), 67(3)(k) and 152(2)(i) of the Local Government and Housing Act 1989 (c. 42),
(c)section 1(10)(d) of the Local Government (Overseas Assistance) Act 1993 (c. 25),
(d)paragraph 19 of Schedule 1 to the Freedom of Information Act 2000 (c. 36), and
(e)sections 23(1)(k) and 33(1)(j) of the Local Government Act 2003 (c. 26).
11U.K.The Emergency Powers Act 1920 shall cease to have effect.
12U.K.The Emergency Powers Act (Northern Ireland) 1926 shall cease to have effect.
13U.K.In paragraph 14 of Schedule 3 to the Northern Ireland Act 1998 (reserved matters) for “the Emergency Powers Act (Northern Ireland) 1926” substitute “ Part 2 of the Civil Contingencies Act 2004 ”.
14U.K.After sections 1 to 4 of the Energy Act 1976 (powers to control production and supply of fuel, &c.) insert—
(1)A power under sections 1 to 4 may be exercised in relation to anything which is wholly or partly situated in, or to activity wholly or partly in—
(a)the United Kingdom,
(b)the territorial sea of the United Kingdom, or
(c)an area designated under the Continental Shelf Act 1964 (c. 29).
(2)Subsection (1) is without prejudice to section 2(2)(b).”
15U.K.15 (1) At the end of section 90H(2) of the Highways Act 1980 (traffic calming works regulations) add—
“(d)provide that, in such cases or 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 329(1) of that Act (interpretation) for the definition of “traffic calming works” substitute—
““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;”.
16(1)The Road Traffic Regulation Act 1984 shall be amended as follows.U.K.
(2)In Part 2 (traffic regulation: special cases) after section 22B insert—
(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.
(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—
“12AArticle 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.
12BA 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.”.
17(1)After section 39B of the Roads (Scotland) Act 1984 (traffic calming works regulations) insert—U.K.
(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.”
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys