PART 4Duty to maintain plans

Procedure for determining whether an emergency has occurredI118

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.