Part 1Local Arrangements for Civil Protection

Civil protection

I15General measures

1

A Minister of the Crown may by order require a person or body listed in Part 1 of Schedule 1 to perform a function of that person or body for the purpose of—

a

preventing the occurrence of an emergency,

b

reducing, controlling or mitigating the effects of an emergency, or

c

taking other action in connection with an emergency.

2

The Scottish Ministers may by order require a person or body listed in Part 2 of Schedule 1 to perform a function of that person or body for the purpose of—

a

preventing the occurrence of an emergency,

b

reducing, controlling or mitigating the effects of an emergency, or

c

taking other action in connection with an emergency.

F22A

The Welsh Ministers may by order require a person or body listed in Part 2A of Schedule 1 to perform a function of that person or body for the purpose of—

a

preventing the occurrence of an emergency,

b

reducing, controlling or mitigating the effects of an emergency, or

c

taking other action in connection with an emergency.

3

A person or body shall comply with an order under this section.

4

An order under subsection (1) may—

a

require a person or body to consult a specified person or body or class of person or body;

b

permit, require or prohibit collaboration, to such extent and in such manner as may be specified;

c

permit, require or prohibit delegation, to such extent and in such manner as may be specified;

d

permit or require a person or body listed in Part 1 or 3 of Schedule 1 to co-operate, to such extent and in such manner as may be specified, with a person or body listed in Part 1 of the Schedule in connection with a duty under the order;

e

permit or require a person or body listed in Part 1 or 3 of Schedule 1 to provide information in connection with a duty under the order, whether on request or in other specific circumstances to a person or body listed in Part 1 of the Schedule;

f

confer a function on a Minister of the Crown, on the Scottish Ministers, on the National Assembly for Wales, on a Northern Ireland department or on any other specified person or body (and a function conferred may, in particular, be a power or duty to exercise a discretion);

g

make provision which applies generally or only to a specified person or body or only in specified circumstances;

h

make different provision for different persons or bodies or for different circumstances.

5

Subsection (4) shall have effect in relation to subsection (2) as it has effect in relation to subsection (1), but as if—

a

in paragraphs (d) and (e)—

i

a reference to Part 1 or 3 of Schedule 1 were a reference to Part 2 or 4 of that Schedule, and

ii

a reference to Part 1 of that Schedule were a reference to Part 2 of that Schedule, and

b

in paragraph (f) the references to a Minister of the Crown, to the National Assembly for Wales and to a Northern Ireland department were omitted.

F35A

Subsection (4) has effect in relation to subsection (2A) as it has effect in relation to subsection (1), but as if—

a

in paragraphs (d) and (e)—

i

a reference to Part 1 or 3 of Schedule 1 were a reference to Part 2A or 5 of that Schedule, and

ii

a reference to Part 1 of that Schedule were a reference to Part 2A of that Schedule, and

b

in paragraph (f) the references to a Minister of the Crown, to the Scottish Ministers and to a Northern Ireland department were omitted.

F16

In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to require the Chief Constable (PSNI) to perform a function is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).

7

Subsection (4) has effect in relation to the power of the Department of Justice under subsection (1) as if—

a

paragraphs (d) and (e) were omitted;

b

in paragraph (f) for the words from “a Minister of the Crown” to “department” there were substituted a Northern Ireland department.

8

In relation to emergencies that do not fall within section 1(1)(c), a Minister of the Crown has no power by virtue of subsection (4)(d) or (e) to make provision permitting or requiring the Chief Constable (PSNI) to co-operate with, or provide information to, a person or body listed in Part 1 of Schedule 1.