Civil Contingencies Act 2004

Part 1

SCHEDULE 1 U.K. Category 1 and 2 Responders

Part 1 U.K. Category 1 Responders: General

Modifications etc. (not altering text)

C1 Sch. 1 Pt. 1 modified (temp.) (W.) (24.5.2018 until the repeal of 2006 c. 41, s. 25 by 2012 c. 7, s. 179 comes into force) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 47(2)

Local authorities U.K.

1 U.K. In relation to England—

(a) a county council,

(b) a district council,

(c) a London borough council,

(d) the Common Council of the City of London, and

(e) the Council of the Isles of Scilly.

[F1 1A U.K. The Greater London Authority.]

Textual Amendments

F1 Sch. 1 para. 1A inserted (6.5.2011) by The Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2011 (S.I. 2011/1223), arts. 1, 2

F2 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 para. 2 omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(18)(a)

Emergency services U.K.

3 (1) A chief officer of police within the meaning of section 101(1) of the Police Act 1996 (c. 16). U.K.

(2) The Chief Constable of the Police Service of Northern Ireland.

(3) The Chief Constable of the British Transport Police Force.

4 U.K. A fire and rescue authority [F3 in England,] within the meaning of section 1 of the Fire and Rescue Services Act 2004 (c. 21).

Textual Amendments

F3 Words in Sch. 1 para. 4 inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(18)(b)

Health U.K.

[F4 4A U.K. The National Health Service Commissioning Board.]

Textual Amendments

F4 Sch. 1 para. 4A inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 132(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 1 para. 5 omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(18)(c)

[F6 6 U.K. An NHS foundation trust within the meaning of section 30 of the National Health Service Act 2006 if, and in so far as, it has the function of providing—

(a) ambulance services, or

(b) hospital accommodation and services in relation to accidents and emergencies.]

Textual Amendments

F6 Sch. 1 para. 6 substituted (1.4.2009) by The Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2008 (S.I. 2008/3012), art. 2

F7 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 1 para. 7 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 132(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 1 para. 8 omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(18)(d)

[F9 9 U.K. The Secretary of State, in so far as the functions of the Secretary of State include responding to emergencies by virtue of —

(a) the Secretary of State's functions under section 2A of the National Health Service Act 2006,

(b) the Secretary of State's functions under section 58 of the Health and Social Care Act 2012 in so far as it applies in relation to Wales or Scotland, or

(c) arrangements made by the Welsh Ministers or Scottish Ministers under which the Secretary of State exercises on their behalf functions in relation to protecting the public in Wales or Scotland from disease or other dangers to health.]

Textual Amendments

F9 Sch. 1 para. 9 substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 16; S.I. 2013/160, art. 2(2) (with arts. 7-9)

10 U.K. A port health authority [F10 in England] constituted under section 2(4) of the Public Health (Control of Disease) Act 1984 (c. 22).

Textual Amendments

F10 Words in Sch. 1 para. 10 inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(18)(e)

Miscellaneous U.K.

11 U.K. The Environment Agency.

12 U.K. The Secretary of State, in so far as his functions include responding to maritime and coastal emergencies (excluding the investigation of accidents).

F11 12A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 1 para. 12A omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(18)(f)

Part 2 U.K. Category 1 Responders: Scotland

Local authorities U.K.

13 U.K. A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).

Emergency services U.K.

[F12 14. U.K. The chief constable of the Police Service of Scotland.]

Textual Amendments

F12 Sch. 1 para. 14 substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 3 para. 1(a) (with s. 179(5)(b))

[F13 15. U.K. The Scottish Fire and Rescue Service.]

Textual Amendments

F13 Sch. 1 para. 15 substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 3 para. 1(b)

16 U.K. The Scottish Ambulance Service Board.

Health U.K.

17 U.K. A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 (c. 29).

Miscellaneous U.K.

18 U.K. The Scottish Environment Protection Agency.

[F14 Part 2A U.K. Category 1 Responders: Wales

Textual Amendments

F14 Sch. 1 Pt. 2A inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(19)

Local authorities U.K.

18A. (1) A county council in Wales. U.K.

(2) A county borough council.

Emergency services U.K.

18B. U.K. A fire and rescue authority in Wales within the meaning of section 1 of the Fire and Rescue Services Act 2004.

Health U.K.

18C. U.K. 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. U.K. A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

Environment U.K.

18E. U.K. The Natural Resources Body for Wales.

Port Health Authorities U.K.

18F. U.K. A port health authority in Wales constituted under section 2(4) of the Public Health (Control of Disease) Act 1984.]

Part 3 U.K. Category 2 Responders: General

Utilities U.K.

19 (1) A person holding a licence of a kind specified in sub-paragraph (2) and granted under section 6 of the Electricity Act 1989 (c. 29). U.K.

(2) Those licences are—

(a) a transmission licence,

(b) a distribution licence, and

(c) an interconnector licence.

(3) Expressions used in this paragraph and in the Electricity Act 1989 shall have the same meaning in this paragraph as in that Act.

20 (1) A person holding a licence of a kind specified in sub-paragraph (2). U.K.

(2) Those licences are—

(a) a licence under section 7 of the Gas Act 1986 (c. 44), and

(b) a licence under section 7ZA of that Act.

21 U.K. A water undertaker or sewerage undertaker [F15 for an area wholly or mainly in England] appointed under section 6 of the Water Industry Act 1991 (c. 56).

Textual Amendments

F15 Words in Sch. 1 para. 21 inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(20)

22 (1) A person who provides a public electronic communications network which makes telephone services available (whether for spoken communication or for the transmission of data). U.K.

(2) In sub-paragraph (1)—

(a) the reference to provision of a network shall be construed in accordance with section 32(4)(a) and (b) of the Communications Act 2003 (c. 21), and

(b) “public electronic communications network” shall have the meaning given by sections 32(1) and 151(1) of that Act.

Transport U.K.

23 U.K. A person who holds a licence under section 8 of the Railways Act 1993 (c. 43) (operation of railway assets) in so far as the licence relates to activity in Great Britain.

[F16 24 [F17 (1) A person who provides services in connection with railways in Great Britain and who holds a European licence granted pursuant to— U.K.

(a) a provision contained in any instrument made for the purpose of implementing—

(i) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or

(ii) Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or

(b) any action taken by an EEA State for that purpose. ]

(2) In this paragraph, “ EEA State ” means a member State, Norway, Iceland or Liechtenstein. ]

Textual Amendments

F16 Sch. 1 para. 24 substituted (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 3, Sch. 1 para. 4(a)

F17 Sch. 1 para. 24(1) substituted (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), reg. 1(1), Sch. 1 para. 6(2) (with reg. 4)

25 (1) Transport for London. U.K.

(2) London Underground Limited (being a subsidiary of Transport for London).

26 U.K. An airport operator, within the meaning of section 82(1) of the Airports Act 1986 (c. 31), in Great Britain.

[F18 26A U.K. 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.]

Textual Amendments

F18 Sch. 1 para. 26A inserted (6.4.2013) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 16(2) (with Sch. 10 para. 1217); S.I. 2013/589, art. 2(3)

27 U.K. A harbour authority, within the meaning of section 46(1) of the Aviation and Maritime Security Act 1990 (c. 31), in Great Britain.

28 [F19 (1)] The Secretary of State, in so far as his functions relate to matters for which he is responsible by virtue of section 1 of the Highways Act 1980 (c. 66) (highway authorities). U.K.

[F20 (2) A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.]

Textual Amendments

F19 Sch. 1 para. 28 renumbered as Sch. 1 para. 28(1) (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 152(a); S.I. 2015/481, reg. 2(a)

F20 Sch. 1 para. 28(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 152(b); S.I. 2015/481, reg. 2(a)

Health and safety U.K.

29 U.K. The Health and Safety Executive.

[F21 Health] U.K.

Textual Amendments

F21 Sch. 1 para. 29A and preceding cross-heading inserted (14.11.2005) by The Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2005 (S.I. 2005/2043), art. 2(b)

[F22 29ZA U.K. A clinical commissioning group established under section 14D of the National Health Service Act 2006.]

Textual Amendments

F22 Sch. 1 para. 29ZA inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 132(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F23 29A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. 1 para. 29A omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 132(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[F24 Miscellaneous U.K.

Textual Amendments

F24 Sch. 1 para. 29B and preceding cross-heading inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 81; S.I. 2014/251, art. 4

29B U.K. The Office for Nuclear Regulation.]

Part 4 U.K. Category 2 Responders: Scotland

Utilities U.K.

30 (1) A person holding a licence of a kind specified in sub-paragraph (2) and granted under the Electricity Act 1989 (c. 29), in so far as the activity under the licence is undertaken in Scotland. U.K.

(2) Those licences are—

(a) a transmission licence,

(b) a distribution licence, and

(c) an interconnector licence.

(3) Expressions used in this paragraph and in the Electricity Act 1989 shall have the same meaning in this paragraph as in that Act.

31 (1) A person holding a licence of a kind specified in sub-paragraph (2), in so far as the activity under the licence is undertaken in Scotland. U.K.

(2) Those licences are—

(a) a licence under section 7 of the Gas Act 1986 (c. 44), and

(b) a licence under section 7ZA of that Act.

32 U.K. Scottish Water, established by section 20 of, and Schedule 3 to, the Water Industry (Scotland) Act 2002 (asp 3).

33 (1) A person who provides a public electronic communications network which makes telephone services available (whether for spoken communication or for the transmission of data) in so far as the services are made available in Scotland. U.K.

(2) In sub-paragraph (1)—

(a) the reference to provision of a network shall be construed in accordance with section 32(4)(a) and (b) of the Communications Act 2003 (c. 21), and

(b) “public electronic communications network” shall have the meaning given by sections 32(1) and 151(1) of that Act.

Transport U.K.

34 U.K. A person who holds a licence to operate railway assets under section 8 of the Railways Act 1993 (c. 43) in so far as such operation takes place in Scotland.

[F25 35 [F26 (1) A person who provides services in connection with railways, in so far as such services are provided in Scotland, and who holds a European licence granted pursuant to— U.K.

(a) a provision contained in any instrument made for the purpose of implementing—

(i) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or

(ii) Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or

(b) any action taken by an EEA State for that purpose. ]

(2) In this paragraph, “ EEA State ” has the same meaning as in paragraph 24. ]

Textual Amendments

F25 Sch. 1 para. 35 substituted (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 3, Sch. 1 para. 4(b)

F26 Sch. 1 para. 35(1) substituted (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), reg. 1(1), Sch. 1 para. 6(3) (with reg. 4)

36 U.K. An airport operator within the meaning of section 82(1) of the Airports Act 1986 (c. 31) in so far as it has responsibility for the management of an airport in Scotland.

[F27 36A U.K. 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.]

Textual Amendments

F27 Sch. 1 para. 36A inserted (6.4.2013) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 16(3) (with Sch. 10 para. 1217); S.I. 2013/589, art. 2(3)

37 U.K. A harbour authority, within the meaning of section 46(1) of the Aviation and Maritime Security Act 1990 (c. 31) in so far as it has functions in relation to improving, maintaining and managing a harbour in Scotland.

Health U.K.

38 U.K. The Common Services Agency established by section 10 of the National Health Service (Scotland) Act 1978 (c. 29).

[F28 38A. S Public Health Scotland constituted by the Public Health Scotland Order 2019.]

Textual Amendments

F28 Sch. 1 para. 38A inserted (S.) (1.4.2020) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(3)(b), sch. 2 para. 4(2) (with art. 4(4)(5))

[F29 Part 5 U.K. Category 2 Responders: Wales

Textual Amendments

F29 Sch. 1 Pt. 5 inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(21)

Utilities U.K.

39. U.K. 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 U.K.

40. U.K. 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.]