The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005

PART 2 U.K. General

[F1 Co-operation and local resilience forums – England and Wales E+W+S

4.— (1) Relevant general Category 1 responders must co-operate—

(a) with each other in connection with the performance of their duties under section 2(1); and

(b) with relevant general Category 2 responders in so far as such co-operation relates to or facilitates the performance of the relevant general Category 1 responder’s duties under section 2(1).

(2) Relevant general Category 2 responders must co-operate with each relevant general Category 1 responder in connection with the performance by that relevant general Category 1 responder of its duties under section 2(1).

(3) Relevant general Category 2 responders must co-operate with each other in so far as such co-operation is necessary to enable each such relevant Category 2 responder to perform its duties under paragraph (2).

(4) The co-operation referred to in paragraphs (1) to (3) shall take such form as may be agreed between the relevant responders, but must include—

(a) the provision by all relevant general Category 1 and Category 2 responders of information necessary for the performance of their functions under the Act in accordance with Part 8; and

(b) a forum of all relevant general Category 1 and Category 2 responders (referred to in these Regulations as the “local resilience forum”).

(5) Subject to paragraphs (6), (7) and (8), the arrangements for each local resilience forum shall be agreed by the relevant general Category 1 responders.

(6) Before agreeing arrangements under paragraph (5), the relevant general Category 1 responders must consult all relevant general Category 2 responders.

(7) Relevant general Category 1 responders may hold meetings of the local resilience forum and any groups and sub-groups at such times as they may agree and must—

(a) hold a meeting of the local resilience forum, to which the chief officer of each relevant general Category 1 responder and each relevant general Category 2 responder is invited, at least once every six months (“the Chief Officers Group”);

(b) in the local resilience area for London, hold a meeting in respect of each London borough and the City of London at least once every six months (“a borough resilience forum”) to which each general Category 1 responder which exercises functions in the relevant London borough or the City of London is invited.

(8) A relevant general Category 1 responder—

(a) must, so far as is reasonably practicable, attend meetings of the Chief Officers Group or be effectively represented at such meetings by another responder; and

(b) in all other cases, must consider, in relation to meetings of—

(i) the local resilience forum;

(ii) other groups or sub-groups of a local resilience forum; or

(iii) in London, a relevant borough resilience forum,

whether it is appropriate for it to attend the meeting or to be effectively represented at the meeting by another responder.

(9) A relevant general Category 2 responder—

(a) must, so far as is reasonably practicable, attend or be effectively represented by another responder at meetings of the Chief Officers Group for the local resilience area if it is invited to do so by all the relevant general Category 1 responders; and

(b) in the case of any other meetings of a local resilience forum, any groups or sub-groups, or, where the general Category 2 responder exercises functions in London, a borough resilience forum, must consider whether it is appropriate for it to attend the meeting or to be effectively represented at the meeting by another responder.

(10) For the purposes of enabling relevant general Category 2 responders to comply with paragraph (9), the relevant general Category 1 responders must—

(a) keep each relevant general Category 2 responder informed of—

(i) when meetings of the local resilience forum, any groups and sub-groups and, in London, relevant borough resilience forums, are to take place;

(ii) the location of such meetings; and

(iii) the matters which are likely to be discussed at such meetings; and

(b) enable each relevant general Category 2 responder to—

(i) attend meetings of the Chief Officers Group where it must do so; and

(ii) attend any meetings of the local resilience forum, any groups and sub-groups and, in London, relevant borough resilience forums, where the relevant general Category 2 responder wishes to do so.

(11) For the purposes of this regulation—

‘arrangements’ include the structures and administration of the local resilience forum, any groups and sub-groups and, in London, a borough resilience forum, and, subject to paragraph (7)(a), the frequency with which meetings are held;

‘chief officer’ means the chief officer or equivalent person employed by a general responder;

‘relevant general Category 1 responder’ means a general Category 1 responder which has functions which are exercisable in a particular local resilience area in England and Wales;

‘relevant general Category 2 responder’ means a general Category 2 responder which has functions which are exercisable in a particular local resilience area in England and Wales.]

Textual Amendments

F1 Reg. 4 substituted (1.4.2012) by The Civil Contingencies Act 2004 (Contingency Planning) (Amendment) Regulations 2012 (S.I. 2012/624), regs. 1, 4

Co-operation and strategic co-ordination groups – Scotland E+W+S

5.—(1) General Category 1 responders which have functions which are exercisable in a particular local resilience area in Scotland must co-operate with each Category 1 responder which has functions which are exercisable in that local resilience area in connection with the performance by that other responder of its duties under section 2(1).

(2) The co-operation referred to in paragraph (1) –

(a) may take the form of one general Category 1 responder co-operating with one or more Category 1 responder; and

(b) must take the form of general Category 1 responders co-operating with the other Category 1 responders which have functions which are exercisable in that local resilience area in a single forum.

(3) The form of co-operation referred to in paragraph (2)(b) is referred to in these Regulations as the “strategic co-ordinating group”.

(4) As part of the strategic co-ordinating group, general Category 1 responders which have functions which are exercisable in a particular local resilience area in Scotland must make arrangements to hold a meeting with the other Category 1 responders which have functions which are exercisable in that local resilience area at least once every six months; each general Category 1 responder must, so far as reasonably practicable, attend such a meeting or be effectively represented at that meeting.

(5) General Category 2 responders which have functions which are exercisable in a particular local resilience area in Scotland must co-operate with each Category 1 responder which has functions which are exercisable in that local resilience area in connection with the performance by that Category 1 responder of its duties under section 2(1).

(6) A general Category 2 responder which has functions which are exercisable in a particular local resilience area in Scotland –

(a) must, so far as reasonably practicable, attend a meeting of the strategic co-ordinating group for that local resilience area or be effectively represented at that meeting if it is invited to do so by all of those Category 1 responders which have functions which are exercisable in that local resilience area; and

(b) in the case of any other meeting of that local resilience forum, must consider whether it is appropriate for it to attend the meeting or to be effectively represented at the meeting.

(7) Paragraph (8) applies for the purposes of –

(a) enabling general Category 2 responders to comply with paragraph (6); and

(b) enabling Scottish Category 2 responders to comply with a provision in regulations made by the Scottish Ministers under Part 1 which imposes an obligation on Scottish Category 2 responders which is analogous to that imposed on general Category 2 responders under paragraph (6).

(8) For the purposes specified in paragraph (7), general Category 1 responders which have functions which are exercisable in a particular local resilience area in Scotland must –

(a) keep each Category 2 responder which has functions which are exercisable in that local resilience area informed of –

(i) when meetings of the strategic co-ordinating group are to take place;

(ii) the location of such meetings;

(iii) the matters which are likely to be discussed at such meetings;

(b) make arrangements for a Category 2 responder to attend any such meetings where the Category 2 responder wishes to do so; and

(c) consider whether a Category 2 responder should be invited to attend such a meeting.

Co-operation – Northern Ireland U.K.

6.—(1) General Category 1 responders which have functions which are exercisable in Northern Ireland must co-operate with each other in connection with the performance of their duties under section 2(1).

(2) General Category 2 responders which have functions which are exercisable in Northern Ireland must co-operate with each Category 1 responder which has functions which are exercisable in Northern Ireland in connection with the performance by that Category 1 responder of its duties under section 2(1).

Protocols U.K.

7.—(1) In order to facilitate co-operation under regulation 4 or 6, general responders may enter into protocols with each other.

(2) In order to facilitate co-operation under regulation 5 or under a provision in regulations made by the Scottish Ministers under Part 1 which imposes an analogous duty on Scottish Category 1 responders or Scottish Category 2 responders, general responders may enter into protocols with Scottish Category 1 responders.

(3) Such protocols may in particular include provisions which relate to –

(a) the timing of co-operation;

(b) the form of co-operation;

(c) contact details for the individuals who are to be involved in the co-operation.

[F2 (4) A protocol which facilitates co-operation under regulation 4 may in particular include provision relating to the performance of a general Category 2 responder’s duty under—

(a) regulation 4(2) (duty to co-operate);

(b) regulation 4(9) (duty to attend meetings of local resilience forums); and

(c) Part 8 (information).

(5) Where a protocol entered into by a general Category 2 responder and all general Category 1 responders which have functions which are exercisable in respect of a particular local resilience area includes any of the provision set out in paragraph (4), the general Category 2 responder’s duties under regulation 4 or 49 as appropriate in respect of that local resilience area shall be varied to the extent specified in the protocol.]

Textual Amendments

F2 Reg. 7(4)(5) inserted (1.4.2012) by The Civil Contingencies Act 2004 (Contingency Planning) (Amendment) Regulations 2012 (S.I. 2012/624), regs. 1, 5

Joint discharge of functions etc. U.K.

8.  Each general Category 1 responder may –

(a) perform a duty under section 2(1) jointly with another responder;

(b) make arrangements with another responder for that responder to perform such a duty on behalf of the general Category 1 responder.

Identification of Category 1 responder with lead responsibility E+W+S

9.—(1) For the purposes of this regulation and regulations 10 and 11, a “ relevant civil protection duty” means the duty under paragraph (a), (b), (c), (d), (e) or (f) of section 2(1) in relation to a particular emergency or an emergency of a particular kind.

(2) Paragraph (3) applies if more than one Category 1 responder which has functions which are exercisable in a particular local resilience area is subject to the same relevant civil protection duty.

(3) If this paragraph applies, a general Category 1 responder which is subject to the relevant civil protection duty may co-operate with another Category 1 responder which has functions which are exercisable in that particular local resilience area and which is subject to the same relevant civil protection duty for the purpose of identifying which of them will be the Category 1 responder with lead responsibility for performing that duty in relation in that local resilience area.

(4) If, pursuant to paragraph (3) or an analogous provision in regulations made by the Scottish Ministers under Part 1, one of the Category 1 responders is identified as being the Category 1 responder with lead responsibility for performing a relevant civil protection duty in a particular local resilience area, the other Category 1 responders in that local resilience area which are subject to that duty are referred to in these Regulations as “non-lead Category 1 responders”.

Role of Category 1 responder with lead responsibility E+W+S

10.  If, pursuant to regulation 9 or an analogous provision in regulations made by the Scottish Ministers under Part 1, a general Category 1 responder has been identified as the Category 1 responder with lead responsibility for performing a relevant civil protection duty in a particular local resilience area, that general Category 1 responder must –

(a) take the lead responsibility in performing that duty in that local resilience area;

(b) consult the Category 1 responders which –

(i) have functions which are exercisable in that local resilience area, and

(ii) are non-lead Category 1 responders in relation to that duty,

in the course of performing the duty;

(c) ensure that those non-lead Category 1 responders are kept informed of how the Category 1 responder with the lead responsibility is performing the duty;

(d) co-operate with those non-lead Category 1 responders (and in particular, co-operate for the purpose of ensuring so far as is reasonably practicable that those Category 1 responders approve of the way in which the Category 1 responder with lead responsibility is performing the duty).

Role of Category 1 responders which do not have lead responsibility E+W+S

11.—(1) Paragraph (2) applies if a Category 1 responder has been identified as the responder with lead responsibility in a local resilience area for the performance of a relevant civil protection duty pursuant to regulation 9 or an analogous provision in regulations made by the Scottish Ministers under Part 1.

(2) Where this paragraph applies, a general Category 1 responder which has functions which are exercisable in that local resilience area and which are non-lead Category 1 responders in relation to that duty –

(a) must co-operate with the Category 1 responder with lead responsibility for performing that duty in connection with the performance of that duty by the Category 1 responder with lead responsibility;

(b) must provide any information to the Category 1 responder with lead responsibility for performing that duty which it considers will assist that responder in performing that duty (unless the information is sensitive information);

(c) must assist the Category 1 responder with lead responsibility for performing that duty with any exercises or training that that Category 1 responder wishes to carry out in connection with that duty;

(d) need not perform that duty to the extent that to do so would unnecessarily duplicate the performance of that duty by the Category 1 responder which has lead responsibility for performing that duty in that local resilience area.

Existing emergency planning duties U.K.

12.  General Category 1 responders need not perform a duty under section 2(1) in relation to an emergency which is –

(a) a major accident, within the meaning of regulation 2(1) of the Control of Major Accident Hazards Regulations [F3 2015], resulting from developments in the course of the operation of an establishment to which Part 2 of those Regulations applies;

(b) a major accident, within the meaning of regulation 2(1) of the [F4 Control of Major Accident Hazards Regulations (Northern Ireland) 2015], resulting from developments in the course of the operation of an establishment to which Part 2 of those Regulations applies;

(c) a major accident, within the meaning of regulation 2(1) of the Pipelines Safety Regulations 1996 M1 , involving a dangerous fluid (within the meaning of those Regulations) which is in, or has been conveyed in, a pipeline to which those Regulations apply;

(d) a major accident, within the meaning of regulation 2(1) of the Pipelines Safety Regulations (Northern Ireland) 1997 M2 , involving a dangerous fluid (within the meaning of those Regulations) which is in, or has been conveyed in, a pipeline to which those Regulations apply;

(e) a radiation emergency, within the meaning of regulation 2 of the [F5 Radiation (Emergency Preparedness and Public Information) Regulations 2019], which results from work with ionising radiation (within the meaning of those Regulations) to which those Regulations apply; or

(f) a radiation emergency, within the meaning of regulation 2 of the [F6 Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2019], which results from work with ionising radiation (within the meaning of those Regulations) to which those Regulations apply.

Textual Amendments

F3 Word in reg. 12(a) substituted (E.W.S.) (1.6.2015) by The Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483), reg. 1(1), Sch. 6 para. 3 (with reg. 3(2))

F4 Words in reg. 12(b) substituted (N.I.) (28.9.2015) by The Control of Major Accident Hazards Regulations (Northern Ireland) 2015 (S.R. 2015/325), reg. 1, Sch. 6 Pt. 2 (with reg. 3(2))

F5 Words in reg. 12(e) substituted (E.W.S.) (22.5.2019) by The Radiation (Emergency Preparedness and Public Information) Regulations 2019 (S.I. 2019/703), reg. 1(1), Sch. 10 para. 5 (with reg. 3)

F6 Words in reg. 12(f) substituted (N.I.) (1.11.2019) by The Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2019 (S.R. 2019/185), reg. 1, Sch. 9 para. 3 (with reg. 3)

Marginal Citations

M1 S.I. 1996/825; amended by the Greater London Authority Act 1999 (c. 29) s.328.

M2 S.I. 1997/193.