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

PART 4 S Duty to maintain plans

Risk assessment S

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).

Commencement Information

I1 Reg. 13 in force at 14.11.2005, see reg. 1

Arrangements to warn, inform and advise the public S

14.  In performing its duty under section 2(1)(d), a Scottish Category 1 responder must have regard to any relevant arrangements which it maintains under section 2(1)(g) (arrangements to warn the public, and to provide information and advice to the public, if an emergency is likely to occur or has occurred).

Commencement Information

I2 Reg. 14 in force at 14.11.2005, see reg. 1

General and specific plans S

15.  In performing its duties under section 2(1)(c) and (d), a Scottish Category 1 responder–

(a) may maintain plans which relate to a particular emergency or a particular kind of emergency; and

(b) must maintain plans which relate to more than one emergency or more that one kind of emergency.

Commencement Information

I3 Reg. 15 in force at 14.11.2005, see reg. 1

Multi-agency plans S

16.—(1) Scottish Category 1 responders which have–

(a) functions which are exercisable in relation to a particular [F1 co-ordination area], and

(b) 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.

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

Textual Amendments

F1 Words in Regulations substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), sch. 1 para. 27(3)

Commencement Information

I4 Reg. 16 in force at 14.11.2005, see reg. 1

Voluntary organisations S

17.—(1) In performing its duty under section 2(1)(c) or (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 the activities of voluntary organisations which carry on activities–

(a) in the area in which the functions of that Scottish Category 1 responder are exercisable; and

(b) which are relevant in an emergency.

(2) 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–

(a) preventing an emergency;

(b) reducing, controlling or mitigating the effects of an emergency; or

(c) taking other action in connection with an emergency.

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

Commencement Information

I5 Reg. 17 in force at 14.11.2005, see reg. 1

Procedure for determining whether an emergency has occurred S

18.—(1) 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 is likely to seriously obstruct the Scottish Category 1 responder in the performance of its functions.

(2) Any plan maintained by a Scottish Category 1 responder by virtue of section 2(1)(d) must include a procedure for determining whether–

(a) an emergency has occurred which makes it necessary or desirable for it to take action to prevent the emergency, to reduce, control or mitigate its effects or otherwise in connection with it; and

(b) it would be able to take that action without changing the deployment of resources or acquiring additional resources.

(3) The procedure required under paragraph (1) or (2) must–

(a) identify the person who should determine whether an emergency of the kind specified in paragraph (1) or (2) (as appropriate) has occurred or enable that person to be identified;

(b) specify the procedure which that person should adopt in taking that decision;

(c) specify the persons who should be consulted before such a decision is taken; and

(d) specify the persons who should be informed once such a decision is taken.

Commencement Information

I6 Reg. 18 in force at 14.11.2005, see reg. 1

Training and exercises S

19.  Every plan maintained by a Scottish Category 1 responder by virtue of section 2(1)(c) or (d) must include arrangements for–

(a) the carrying out of exercises for the purpose of ensuring that the plan is effective; and

(b) the provision of training of–

(i) an appropriate number of suitable staff of the Scottish Category 1 responder; and

(ii) 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.

Commencement Information

I7 Reg. 19 in force at 14.11.2005, see reg. 1

Plan revision S

20.  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).

Commencement Information

I8 Reg. 20 in force at 14.11.2005, see reg. 1