SCHEDULES
SCHEDULE 1Category 1 and 2 Responders
Part 1Category 1 Responders: General
Local authorities
1
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.
F11A
The Greater London Authority.
2
In relation to Wales—
a
a county council, and
b
a county borough council.
Emergency services
3
1
A chief officer of police within the meaning of section 101(1) of the Police Act 1996 (c. 16).
2
The Chief Constable of the Police Service of Northern Ireland.
3
The Chief Constable of the British Transport Police Force.
4
A fire and rescue authority within the meaning of section 1 of the Fire and Rescue Services Act 2004 (c. 21).
Health
F104A
The National Health Service Commissioning Board.
5
A National Health Service trust established under F2section 25 of the National Health Service Act 2006, or section 18 of the National Health Service (Wales) Act 2006 if, and in 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 in Wales.
F36
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.
F97
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
A Local Health Board established under F4section 11 of the National Health Service (Wales) Act 2006 .
F139
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.
10
A port health authority constituted under section 2(4) of the Public Health (Control of Disease) Act 1984 (c. 22).
Miscellaneous
11
The Environment Agency.
12
The Secretary of State, in so far as his functions include responding to maritime and coastal emergencies (excluding the investigation of accidents).
F1212A
The Natural Resources Body for Wales.
Part 2Category 1 Responders: Scotland
Local authorities
13
A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).
Emergency services
F1414
The chief constable of the Police Service of Scotland.
F1515
The Scottish Fire and Rescue Service.
16
The Scottish Ambulance Service Board.
Health
17
A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 (c. 29).
Miscellaneous
18
The Scottish Environment Protection Agency.
Part 3Category 2 Responders: General
Utilities
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).
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).
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
A water undertaker or sewerage undertaker appointed under section 6 of the Water Industry Act 1991 (c. 56).
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).
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
23
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.
F524
1
A person who provides services in connection with railways in Great Britain and who holds a European licence granted pursuant to—
a
a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/ EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/ EC dated 26th February 2001 and Directive 2004/49/ EC dated 29th April 2004, both of the European Parliament and of the Council, 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.
25
1
Transport for London.
2
London Underground Limited (being a subsidiary of Transport for London).
26
An airport operator, within the meaning of section 82(1) of the Airports Act 1986 (c. 31), in Great Britain.
27
A harbour authority, within the meaning of section 46(1) of the Aviation and Maritime Security Act 1990 (c. 31), in Great Britain.
28
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).
Health and safety
29
The Health and Safety Executive.
F6Health
F1129ZA
A clinical commissioning group established under section 14D of the National Health Service Act 2006.
F16 29A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 4Category 2 Responders: Scotland
Utilities
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.
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.
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
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.
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
34
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.
F735
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—
a
a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004, both of the European Parliament and of the Council, 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.
36
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.
37
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
38
The Common Services Agency established by section 10 of the National Health Service (Scotland) Act 1978 (c. 29).
SCHEDULE 2Minor and Consequential Amendments and Repeals
Part 1Amendments and Repeals Consequential on Part 1
Civil Defence Act 1939 (c. 31)
1
The Civil Defence Act 1939 shall cease to have effect.
Civil Defence Act (Northern Ireland) 1939 (c. 15 (N.I.))
2
The Civil Defence Act (Northern Ireland) 1939 shall cease to have effect.
Civil Defence Act 1948 (c. 5)
I13
The Civil Defence Act 1948 shall cease to have effect.
Civil Defence Act (Northern Ireland) 1950 (c. 11 (N.I.))
4
The Civil Defence Act (Northern Ireland) 1950 shall cease to have effect.
Defence Contracts Act 1958 (c. 38)
5
In section 6(1) of the Defence Contracts Act 1958 (interpretation, &c.), in the definition of “defence materials” omit paragraph (b).
Public Expenditure and Receipts Act 1968 (c. 14)
6
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.
Local Government Act 1972 (c. 70)
7
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
”
.
Civil Protection in Peacetime Act 1986 (c. 22)
8
The Civil Protection in Peacetime Act 1986 shall cease to have effect.
Road Traffic Act 1988 (c. 52)
9
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).
Metropolitan County Fire and Rescue Authorities
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
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
Part 2Amendments and Repeals Consequential on Part 2
Emergency Powers Act 1920 (c. 55)
11
The Emergency Powers Act 1920 shall cease to have effect.
Emergency Powers Act (Northern Ireland) 1926 (c. 8)
12
The Emergency Powers Act (Northern Ireland) 1926 shall cease to have effect.
Northern Ireland Act 1998 (c. 47)
13
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
”
.
Part 3Minor Amendments
Energy Act 1976 (c. 76)
14
After sections 1 to 4 of the Energy Act 1976 (powers to control production and supply of fuel, &c.) insert—
5Sections 1 to 4: territorial application
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).
Highways Act 1980 (c. 66)
15
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;
Road Traffic Regulation Act 1984 (c. 27)
16
1
The Road Traffic Regulation Act 1984 shall be amended as follows.
2
In Part 2 (traffic regulation: special cases) after section 22B insert—
22CTerrorism
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.
22DSection 22C: supplemental
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—
12A
Article 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.
12B
A 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.
Roads (Scotland) Act 1984 (c. 54)
17
1
After section 39B of the Roads (Scotland) Act 1984 (traffic calming works regulations) insert—
39BAPrescribing of works for anti-terrorism purposes
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.
I2SCHEDULE 3Repeals and Revocations
Sch. 3 partly in force; Sch. 3 not in force at Royal Assent see s. 34; Sch. 3 in force for specified purposes at 10.12.2004 by S.I. 2004/3281, art. 2(2); Sch. 3 in force for further specified purposes at 1.4.2005 by S.I. 2005/772, art. 2(c); Sch. 3 in force for further specified purposes at 14.11.2005 by S.I. 2005/2040, art. 3(r)
Short title and chapter | Repeal or revocation |
|---|---|
The Emergency Powers Act 1920 (c. 55). | The whole Act. |
The Emergency Powers Act (Northern Ireland) 1926 (c. 8). | The whole Act. |
The Air-Raid Precautions Act (Northern Ireland) 1938 (c. 26 (N.I.)). | The whole Act. |
The Civil Defence Act 1939 (c. 31). | The whole Act. |
The Civil Defence Act (Northern Ireland) 1939 (c. 15 (N.I.)). | The whole Act. |
The Civil Defence Act 1948 (c. 5). | The whole Act. |
The Civil Defence Act (Northern Ireland) 1950 (c. 11 (N.I.)). | The whole Act. |
The Criminal Justice Act (Northern Ireland) 1953 (c. 14 (N.I.)). | In Schedule 2, the entry relating to the Civil Defence Act (Northern Ireland) 1950. |
The Civil Defence (Armed Forces) Act 1954 (c. 66). | The whole Act. |
The Defence Contracts Act 1958 (c. 38). | In section 6(1), in the definition of “defence materials”, paragraph (b). |
The Town and Country Planning (Scotland) Act 1959 (c. 70). | In paragraph 2 of Schedule 4, the entry relating to the Civil Defence Act 1948. |
The Emergency Powers Act 1964 (c. 38). | Section 1. |
The Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)). | In Schedule 1, the entry relating to the Civil Defence Act (Northern Ireland) 1939. |
The Emergency Powers (Amendment) Act (Northern Ireland) 1964 (c. 34 (N.I.)). | The whole Act. |
The Police (Scotland) Act 1967 (c. 77). | In Schedule 4, the entry relating to the Civil Defence Act 1948. |
The Public Expenditure and Receipts Act 1968 (c. 14). | Section 4. |
The Land Charges Act 1972 (c. 61). | In Schedule 2, paragraph 1(f). |
The Local Government Act 1972 (c. 70). | Section 138(1A). |
The Drainage (Northern Ireland) Order 1973 (S.I. 1973/69 (N.I. 1)). | In Schedule 8, paragraphs 3 and 4. |
The Statute Law (Repeals) Act 1976 (c. 16). | In Schedule 2, in Part II, the entry relating to the Civil Defence Act 1939. |
The Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)). | Article 31G(5)(c). |
The Civil Aviation Act 1982 (c. 16). | In Schedule 2, paragraph 2. |
The Criminal Justice Act 1982 (c. 48). | Section 41. |
The Police and Criminal Evidence Act 1984 (c. 60). | In Schedule 2, the entry relating to section 2 of the Emergency Powers Act 1920. |
The Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703 (N.I. 3)). | Article 12. |
The Civil Protection in Peacetime Act 1986 (c. 22). | The whole Act. |
The Road Traffic Act 1988 (c. 52). | Section 65A(5)(c). |
The Water Act 1989 (c. 15). | In Schedule 25, paragraph 1(4). |
The Electricity Act 1989 (c. 29). | In Schedule 16, paragraph 1(3) and paragraph 4. |
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)). | In Schedule 2, the entry relating to the Emergency Powers Act (Northern Ireland) 1926. |
The Local Government Finance Act 1992 (c. 14). | In Schedule 13, paragraph 6. |
The Local Government etc. (Scotland) Act 1994 (c. 39). | In Schedule 13, paragraph 24. |
The Gas Act 1995 (c. 45). | In Schedule 4, paragraph 2(5). |
The Police Act 1997 (c. 50). | In Schedule 9, paragraphs 2 and 17. |
The Greater London Authority Act 1999 (c. 29). | Section 330. |
The Transport Act 2000 (c. 38). | In Schedule 5, paragraph 3. |
The Civil Defence (Grant) Act 2002 (c. 5). | The whole Act. |
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)