The Civil Contingencies Act 2004 (Contingency Planning) (Amendment) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 (“the Principal Regulations”).

Regulation 3 makes a consequential amendment to the definition of “local resilience forum” contained in the Principal Regulations.

Regulation 4 substitutes a new regulation 4 in the Principal Regulations (co-operation and local resilience forums- England and Wales) which requires Category 1 and Category 2 responders which have functions which are exercisable in a particular area in England or Wales to co-operate with each other.

Regulation 5 amends regulation 7 of the Principal Regulations to set out the provision that may be included in protocols which may be entered into by Category 1 and Category 2 responders under the Principal Regulations and which, if included, may enable a protocol to vary a general Category 2 responder’s duties under regulations 4 and 49 of the Principal Regulations.

Regulation 6 amends regulation 16 of the Principal Regulations (sharing of community risk register- England and Wales) to substitute “Minister of the Crown” for “Secretary of State”.

Regulations 7 and 8 amend Part 8 of the Principal Regulations. New regulation 44A clarifies the power of general responders to share information and regulation 47 is amended to add a further condition that a general responder must be satisfied exists when responding to a request for information from another responder made under that regulation.

Regulation 9 inserts a new regulation 59 into the Principal Regulations which requires the Minister for the Cabinet Office to review the operation and effect of the Principal Regulations, including the amendments made by these Regulations, and lay a report before Parliament within five years after these Regulations come into force. Following each review, the Minister will decide whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector will be available on the Cabinet Office Impact Assessments site and the Better Regulations Executive Impact Assessment Library and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.