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Statutory Instruments of the Scottish Parliament


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URL: http://www.bailii.org/scot/legis/num_reg/2005/20050494.html

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SCOTTISH STATUTORY INSTRUMENTS


2005 No. 494

CIVIL CONTINGENCIES

The Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005

  Made 6th October 2005 
  Laid before the Scottish Parliament 7th October 2005 
  Coming into force 14th November 2005 


ARRANGEMENT OF REGULATIONS


PART 1

Introductory
1. Citation and commencement
2. Interpretation

PART 2

General
3. Co-operation and Strategic Co-ordinating Group
4. Co operation with general Category 1 responders
5. Joint discharge of functions etc.
6. Identification of Category 1 responder with lead responsibility
7. Role of Scottish Category 1 responder with lead responsibility
8. Role of Scottish Category 1 responders which do not have lead responsibility
9. Existing emergency planning duties

PART 3

Duty to assess risk of emergency occurring
10. Kinds of emergency in relation to which risk should be assessed
11. Guidance and risk assessments issued by Scottish Ministers
12. Community risk register

PART 4

Duty to maintain plans
13. Risk assessment
14. Arrangements to warn, inform and advise the public
15. General and specific plans
16. Multi-agency plans
17. Voluntary organisations
18. Procedure for determining whether an emergency has occurred
19. Training and exercises
20. Plan revision

PART 5

Publication of plans and assessments
21. Alarming the public unnecessarily

PART 6

Arrangements for warning and provision of information and advice to the public
22. Duty to have regard to emergency plans
23. General and specific arrangements to warn etc.
24. Alarming the public unnecessarily
25. Training and exercises
26. Identification of Category 1 responder with lead responsibility for warning, informing and advising
27. Arrangements to be maintained by Scottish Category 1 responder with lead responsibility
28. Arrangements to be maintained by other Scottish Category 1 responders
29. Advice etc. provided by other responders and other bodies

PART 7

Advice and asistance to business and voluntary organisations
30. Interpretation of Part 7
31. Transitional provision
32. Risk assessment
33. Extent of the duty under section 4(1) in relation to business
34. Extent of the duty under section 4(1) in relation to voluntary organisations
35. Co-operation, relevant responder with lead responsibility etc.
36. Cross border co-operation with relevant responders in England and Wales
37. Activities of other responders
38. Charging

PART 8

Information
39. Sensitive information
40. Sensitive information – certificates in relation to national security
41. Information sharing – making a request for information
42. Information sharing – procedure for making a request
43. Information sharing – obligation to provide information
44. Information sharing – response to request
45. Disclosure or publication of sensitive information
46. Use of sensitive information
47. Security of sensitive information

The Scottish Ministers, in exercise of the powers conferred upon them by sections 2(4) and (5), 4(3), (4) and (5), 6(2), 12, 15(1) and 17(6) of the Civil Contingencies Act 2004[
1] and having consulted a Minister of the Crown as required to do so under section 14(2) of that Act; hereby make the following Regulations:



PART 1

Introductory

Citation and commencement
     1. These Regulations may be cited as the Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005 and come into force on 14th November 2005. .

Interpretation
    
2. —(1) In these Regulations–

except where such a licence is held only for the purpose of carrying out light maintenance activities (within the meaning of that Act);

    (2) In these Regulations, unless otherwise specified, any reference to a section, Part or Schedule is a reference to that section or Part of, or Schedule to, the Act.



PART 2

General

Co-operation and Strategic Co-ordinating Group
     3. —(1) Scottish Category 1 responders which have functions which are exercisable in a particular police area must co operate with each other and with general Category 1 responders which have functions which are exercisable in that area in connection with the performance of their duties under section 2(1).

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

    (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, Scottish Category 1 responders which have functions which are exercisable in a particular police area must make arrangements to hold a meeting at least once every six months; and each Scottish Category 1 responder must, so far as reasonably practicable, attend such a meeting or arrange for it to be effectively represented at that meeting.

    (5) Scottish Category 2 responders which have functions which are exercisable in a particular police area must co operate with each Scottish and general Category 1 responder which has functions which are exercisable in that area in connection with the performance by that Scottish and general Category 1 responder of its duties under section 2(1);

    (6) A Scottish Category 2 responder which has functions which are exercisable in a particular police area–

    (7) For the purposes of paragraph (6) and analogous provision in regulations made by a Minister of the Crown under Part 1, the Scottish Category 1 responders which have functions which are exercisable in a police area must–

Co operation with general Category 1 responders
    
4. A Scottish Category 1 responder or a Scottish Category 2 responder may co operate with a general Category 1 responder in connection with the performance by that general Category 1 responder of a duty under section 2(1).

Joint discharge of functions etc.
    
5. Each Scottish Category 1 responder may–

Identification of Category 1 responder with lead responsibility
    
6. —(1) If more than one Category 1 responder which has functions which are exercisable in a particular police area is subject to a particular duty under section 2(1)(a) to (f) in relation to an emergency or an emergency of a particular kind, paragraph (2) applies.

    (2) Where this paragraph applies, the Scottish Category 1 responders referred to in paragraph (1) may co-operate with each other and general Category 1 responders referred to in paragraph (1) for the purpose of identifying which of them will be the Category 1 responder with lead responsibility for performing that duty in relation to that emergency or an emergency of that particular kind in that police area.

    (3) If, pursuant to paragraph (2) and analogous provision in regulations made by a Minister of the Crown under Part 1, one of the Scottish or general Category 1 responders referred to in paragraph (1) is identified as being the Category 1 responder with lead responsibility for performing a duty under section 2(1)(a) to (f) in relation to an emergency or an emergency of a particular kind in a particular police area, the other Category 1 responders in that police area which are subject to that duty in relation to that emergency or an emergency of that particular kind are referred to in these regulations as "non-lead Category 1 responders".

Role of Scottish Category 1 responder with lead responsibility
    
7. If, pursuant to regulation 6, a Scottish Category 1 responder has been identified as the Category 1 responder with lead responsibility in a particular police area for the performance of a particular duty under section 2(1)(a) to (f) in relation to an emergency or an emergency of a particular kind, that Scottish Category 1 responder must–

Role of Scottish Category 1 responders which do not have lead responsibility
    
8. —(1) Paragraph (2) applies if a Scottish Category 1 responder has been identified as the responder with lead responsibility in a police area for the performance of a particular duty under section 2(1)(a) to (f) in relation to an emergency or an emergency of a particular kind under regulation 6 or, in the case of a general Category 1 responder, under an analogous provision in regulations made by a Minister of the Crown under Part 1.

    (2) Where this paragraph applies, the other Scottish Category 1 responders which have functions which are exercisable in that police area and which are non-lead Category 1 responders in relation to that duty in so far as it applies to that emergency or an emergency of that particular kind–

Existing emergency planning duties
    
9. Scottish Category 1 responders need not perform a duty under section 2(1) in relation to any emergency which is–



PART 3

Duty to assess risk of emergency occurring

Kinds of emergency in relation to which risk should be assessed
     10. A Scottish Category 1 responder need only perform the duty under section 2(1)(a) (duty to assess risk of emergency occurring) in relation to an emergency which affects or may affect the area in which the functions of the Scottish Category 1 responder are exercisable.

Guidance and risk assessments issued by Scottish Ministers
    
11. —(1) The Scottish Ministers may issue to Scottish Category 1 responders (or any class of Scottish Category 1 responders) guidance as to–

    (2) The Scottish Ministers may issue to Scottish Category 1 responders (or any class of Scottish Category 1 responders) an assessment of the matters specified in sub-paragraph (a) or (b) of paragraph (1).

    (3) In performing its duty under section 2(1)(a), a Scottish Category 1 responder must–

    (4) Any guidance issued under paragraph (1) or assessment issued under paragraph (2) must be in writing.

Community risk register
    
12. —(1) As part of the Strategic Co ordinating Group, Scottish Category 1 responders which have functions which are exercisable in a particular police area must co-operate with each other and with general Category 1 responders which have functions which are exercisable in maintaining a register ("the community risk register") of the assessment carried out by each Scottish Category 1 responder under section 2(1)(a).

    (2) For the purpose of complying with paragraph (1), each Scottish Category 1 responder must, subject to paragraph (3), from time to time inform the other relevant Scottish and general Category 1 responders of the assessment carried out by it under section 2(1)(a).

    (3) Paragraph (2) does not apply to the extent that an assessment carried out by a Scottish Category 1 responder contains sensitive information and the Scottish Category 1 responder has reasonable grounds to believe that informing the other relevant Scottish and general Category 1 responders of the assessment would–

    (4) In performing its duties under section 2(1)(a) and (b), a Scottish Category 1 responder must have regard to any relevant community risk register maintained under this regulation.



PART 4

Duty to maintain plans

Risk assessment
    
13. In performing its duty under section 2(1)(c) and (d) (duty to plan to continue to perform functions or to respond, should an emergency occur), a Scottish Category 1 responder must have regard to any relevant assessment of risk which it has carried out under section 2(1)(a) or (b).

Arrangements to warn, inform and advise the public
    
14. In performing its duty under section 2(1)(d), a Scottish Category 1 responder must have regard to any relevant arrangements which it maintains under section 2(1)(g) (arrangements to warn the public, and to provide information and advice to the public, if an emergency is likely to occur or has occurred).

General and specific plans
    
15. In performing its duties under section 2(1)(c) and (d), a Scottish Category 1 responder–

Multi-agency plans
    
16. —(1) Scottish Category 1 responders which have–

must consider whether it would be appropriate to perform that duty in relation to that emergency or an emergency of that particular kind by way of a multi-agency plan.

    (2) In paragraph (1), a "multi-agency plan" means a plan maintained by more than one Scottish Category 1 responder acting jointly.

Voluntary organisations
    
17. —(1) In performing its duty under section 2(1)(c) or (d) (duty to plan to continue to perform functions or to respond, should an emergency occur), a Scottish Category 1 responder must have regard to the activities of voluntary organisations which carry on activities–

    (2) For the purposes of paragraph (1), voluntary organisations carry on activities which are relevant in an emergency if they carry on activities for the purpose of–

    (3) For the purposes of paragraph (2), it is immaterial if the voluntary organisation also carries on activities for other purposes.

Procedure for determining whether an emergency has occurred
    
18. —(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–

    (3) The procedure required under paragraph (1) or (2) must–

Training and exercises
    
19. Every plan maintained by a Scottish Category 1 responder by virtue of section 2(1)(c) or (d) must include arrangements for–

Plan revision
    
20. If the Scottish Ministers issue guidance or an assessment under regulation 11 to a Scottish Category 1 responder, that responder must consider whether that guidance or assessment makes it necessary or expedient to add to or modify plans maintained under section 2(1)(c) or (d).



PART 5

Publication of plans and assessments

Alarming the public unnecessarily
    
21. In performing its duty under section 2(1)(f) (duty to arrange for the publication of assessments and plans), a Scottish Category 1 responder must have regard to the importance of not alarming the public unnecessarily.



PART 6

Arrangements for warning and provision of information and advice to the public

Duty to have regard to emergency plans
    
22. In performing its duty under section 2(1)(g) (duty to maintain arrangements to warn, inform and advise the public in the event of an emergency), a Scottish Category 1 responder must have regard to any relevant plan it maintains by virtue of section 2(1)(d).

General and specific arrangements to warn etc.
    
23. In performing its duty under section 2(1)(g), a Scottish Category 1 responder may–

Alarming the public unnecessarily
    
24. In performing its duty under section 2(1)(g), a Scottish Category 1 responder must have regard to the importance of not alarming the public unnecessarily.

Training and exercises
    
25. The arrangements maintained by a Scottish Category 1 responder under section 2(1)(g) must include arrangements for–

Identification of Category 1 responder with lead responsibility for warning, informing and advising
    
26. —(1) If more than one Category 1 responder which has functions which are exercisable in a particular police area is subject to a duty under section 2(1)(g) in relation to an emergency or an emergency of a particular kind, paragraph (2) applies.

    (2) Where this paragraph applies, the Scottish Category 1 responders referred to in paragraph (1) must co-operate with each other and any general Category responders referred to in paragraph (1) for the purpose of identifying which of them will be the Category 1 responder with lead responsibility for warning the public and for providing information and advice to the public if an emergency or an emergency of a particular kind is likely to occur or has occurred in that police area.

    (3) In performing their duty under paragraph (2), Scottish Category 1 responders–

Arrangements to be maintained by Scottish Category 1 responder with lead responsibility
    
27. —(1) The arrangements maintained under section 2(1)(g) by a Scottish Category 1 responder which is, pursuant to regulation 26 or any analogous provision of regulations made by the Minister of the Crown under Part 1, identified as the Category 1 responder with lead responsibility for warning the public and providing advice and information to the public in a particular police area if an emergency or an emergency of a particular kind is likely to occur or has occurred, must ensure so far as reasonably practicable that if such an emergency is likely to occur or occurs that Scottish Category 1 responder–

    (2) Paragraph (1) also applies to a Scottish Category 1 responder which is likely to be identified as the Category 1 responder with lead responsibility for warning the public and providing advice and information to the public in a particular police area if an emergency or an emergency of a particular kind is likely to occur or has occurred by virtue of procedures adopted pursuant to regulation 26(2) and (3)(b) or (c).

Arrangements to be maintained by other Scottish Category 1 responders
    
28. The arrangements maintained by a Scottish Category 1 responder under section 2(1)(g) in relation to an emergency or an emergency of a particular kind in relation to which it is not the Category 1 responder with lead responsibility for warning the public and providing advice and information to the public must provide for that Scottish Category 1 responder–

Advice etc. provided by other responders and other bodies
    
29. —(1) In performing its duty under section 2(1)(g), Scottish Category 1 responders–

    (2) For the purposes of paragraph (1), it is immaterial whether the person specified in paragraph (1)(a) maintains the arrangements by virtue of section 2(1)(g), a duty under another enactment or otherwise.



PART 7

Advice and assistance to business and voluntary organisations

Interpretation of Part 7
    
30. In this Part of the Regulations–

Transitional provision
    
31. Until 15th May 2006, these Regulations shall have effect as if–

Risk assessment
    
32. In performing its duty under section 4(1) (duty to give advice and assistance to business and voluntary organisations), a relevant responder must take into account any relevant community risk register maintained by virtue of regulation 12.

Extent of the duty under section 4(1) in relation to business
    
33. —(1) This regulation applies to the duty of a relevant responder under section 4(1) in so far as it relates to advice and assistance to business.

    (2) A relevant responder need only give advice and assistance to those businesses which carry on commercial activity in the area in which the functions of the relevant responder are exercisable.

    (3) In the course of performing that duty, a relevant responder–

    (4) In paragraph (3), "business continuity consultant" means a person who–

Extent of the duty under section 4(1) in relation to voluntary organisations
    
34. —(1) This regulation applies to the duty of a relevant responder under section 4(1) in so far as it relates to advice and assistance provided to voluntary organisations.

    (2) A relevant responder need only provide advice and assistance to those voluntary organisations which it considers appropriate.

    (3) A relevant responder may determine the manner in which advice and assistance under section 4(1) is provided to voluntary organisations, and may in particular–

    (4) In paragraph (3), "business continuity consultant" means a person who–

    (5) In determining whether a voluntary organisation is appropriate for the purposes of paragraph (2), a Scottish Category 1 responder must consider–

Co-operation, relevant responder with lead responsibility etc.
    
35. —(1) Relevant responders which have functions which are exercisable in a particular police area must co operate with each other in connection with the performance of their duties under section 4(1).

    (2) The other responders which have functions which are exercisable in that police area must co operate with those relevant responder in connection with the performance by that relevant responder of its duties under section 4(1).

    (3) A relevant responder may–

    (4) Regulations 6, 7 and 8 apply to relevant responders for the purpose of performing the duty under section 4(1) as if–

Cross border co-operation with relevant responders in England and Wales
    
36. A Scottish Category 1 responder or a Scottish Category 2 responder may co-operate with a body which is listed in paragraph 1 or 2 of Schedule 1 (local authority in England and Wales) in connection with the performance by that body of the duty under section 4(1).

Activities of other responders
    
37. —(1) In performing its duty under section 4(1), a relevant responder–

    (2) For the purposes of paragraph (1), it is immaterial whether the advice and assistance provided by another responder is provided by virtue of section 4(1), a duty under another enactment or otherwise.

Charging
    
38. Relevant responders may charge for any advice or assistance (including advice and assistance which it is required to provide under regulation 33(3)(a)) provided on request under section 4(1) but that charge must not exceed the aggregate of–



PART 8

Information

Sensitive information
    
39. —(1) In these Regulations, "sensitive information" means information which is not reasonably accessible to the public and which is–

    (2) The condition in this paragraph is–

    (3) The condition in this paragraph is that by virtue of any provision of Part IV of that Act the information is exempt from section 7(1)(c) of that Act (data subject's right of access to personal data).

    (4) In determining for the purposes of paragraph (2) whether anything done before 24th October 2007 would contravene the data protection principles, the exemptions in Part III of Schedule 8 to the Data Protection Act 1998 are to be disregarded.

Sensitive information – certificates in relation to national security
     40. —(1) A certificate signed by a member of the Scottish Executive certifying that disclosure of information to the public would adversely affect national security is conclusive evidence of that fact.

    (2) A certificate under paragraph (1) may be given in relation to specific information or to information of a specified kind and may be expressed to have prospective effect.

    (3) A document purporting to be a certificate under paragraph (1) shall be received in evidence and deemed to be such a certificate unless the contrary is proved.

    (4) A document which purports to be certified by or on behalf of a member of the Scottish Executive as a true copy of a certificate issued by a member of the Scottish Executive under paragraph (1) shall in any legal proceedings be sufficient evidence (or in England and Wales evidence) of that certificate.

Information sharing – making a request for information
    
41. —(1) Paragraph (4) applies to a Category 1 responder or a Category 2 responder (referred to in this Part of the Regulations as the "requesting responder") to the extent that it is satisfied that the conditions in paragraphs (2) and (3) are satisfied.

    (2) The condition in this paragraph is that the requesting responder reasonably requires information which is held by a Scottish Category 1 responder or a Scottish Category 2 responder–

    (3) The condition in this paragraph is that the requesting responder is satisfied that–

    (4) To the extent that this paragraph applies, the requesting responder may make a request for the information to a Scottish Category 1 responder or a Scottish Category 2 responder (referred to in this Part of the Regulations as "the receiving responder").

Information sharing – procedure for making a request
    
42. —(1) In this Part of the Regulations, a reference to a "request for information" is a reference to such a request which–

    (2) For the purposes of paragraph (1), a request is to be treated as made in writing where the text of the request–

Information sharing – obligation to provide information
    
43. —(1) Subject to paragraphs (2) and (4), the receiving responder must comply with a request for information.

    (2) To the extent that the receiving responder is satisfied that–

the receiving responder must not comply with the request for information.

    (3) If a receiving responder refuses to comply with a request in the circumstances specified in paragraph (2)(b), it must give reasons.

    (4) To the extent that the receiving responder is satisfied that a request for information relates to sensitive information which has been directly or indirectly supplied to the receiving responder by a body which deals with security matters, the receiving responder must not comply with the request unless that body has given its consent to the provision of the information to the requesting responder; such consent may contain conditions.

Information sharing – response to request
    
44. The receiving responder must respond to the request for information–

Disclosure or publication of sensitive information
    
45. —(1) Except where required to do so under another provision of these Regulations, a general responder must not publish or disclose to any person sensitive information which–

unless paragraph (2) or (6) applies.

    (2) This paragraph applies, subject to paragraph (3), if consent for the publication or disclosure has been given by–

    (3) Paragraph (2) does not apply to information of the kind specified by paragraph (1)(a) of regulation 39 if a member of the Scottish Executive has issued a certificate in writing indicating that publication or disclosure of the information would adversely affect national security.

    (4) Consent under paragraph (2) may–

    (5) In paragraph (2), "originator of the information" means–

    (6) This paragraph applies if–

Use of sensitive information
    
46. —(1) Subject to paragraph (2), sensitive information which a general responder has received–

may only be used by that responder for the purpose of performing the function for which, or in connection with which, the information was requested.

    (2) Sensitive information may be used for purposes other than those specified in paragraph (1) if consent for such use is given by–

    (3) Consent under paragraph (2) may–

    (4) In paragraph (2), "originator of the information" means–

    (5) In this regulation, "use" does not include publication or disclosure.

Security of sensitive information
    
47. —(1) This regulation applies to sensitive information–

    (2) Each Scottish responder must have in place arrangements for ensuring that the confidentiality of sensitive information to which this regulation applies is not adversely affected.

    (3) The arrangements specified by paragraph (2) must include arrangements for ensuring that–


HUGH HENRY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
6th October 2005



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations relate to the extent of the duties imposed on certain bodies (referred to as "Scottish Category 1 responders") listed in Part 2 of Schedule 1 to the Civil Contingencies Act 2004 ("the Act") under sections 2 and 4 of that Act (duties to assess, and plan for emergencies and duties to provide advice and assistance to business) and the manner in which those duties are to be performed.

Part 2 of these Regulations makes general provisions about the extent and performance of those duties. Regulation 3 requires Scottish Category 1 responders which have functions which are exercisable in a particular area to co-operate with each other. This form of co operation is referred to as the Strategic Co ordinating Group. In addition, bodies listed in Part 4 of Schedule 1 to the Act (referred to as "Scottish Category 2 responders") may ask to be, or be asked, to participate in the Strategic Co ordinating Group. Regulation 4 enables Scottish Category 1 and Scottish Category 2 responders to co operate with general Category 1 responders (those bodies listed in Part 1 of Schedule 1 to the Act). Regulation 5 enables responders to make arrangements with each other for the discharge of the duties of Scottish Category 1 responders under section 2 of the Act jointly or for one responder to perform those duties on behalf of another. Regulations 6 to 8 enable Category 1 responders to identify one Category 1 responder as having the lead responsibility for performing certain functions under section 2 of the Act in a particular police area. Regulation 9 provides that the duties under section 2 of the Act do not apply to certain emergencies. These are emergencies in relation to which existing legislation already makes provision which is analogous to the Act.

Part 3 of these Regulations relates to the duty of Scottish Category 1 responders under section 2(1)(a) and (b) of the Act to assess the risk of an emergency occurring. Regulation 10 specifies that the duty only applies in relation to an emergency which affects or may affect the geographical area in which the functions of the Scottish Category 1 responder are exercisable. Regulation 11 enables Scottish Ministers to issue guidance as to the risk of a particular emergency occurring or impact that it would have or an assessment of a particular emergency occurring or the impact of such an emergency. Regulation 12 requires Scottish Category 1 responders, as part of the Strategic Co ordinating Group to collaborate with each other in maintaining a register (referred to as the "community risk register") of the assessment carried out by each of them under section 2.

Part 4 of these Regulations relates to the duty of Scottish Category 1 responders under section 2(1)(c) and (d) of the Act to maintain plans. Regulation 13 requires Scottish Category 1 responders to have regard to any assessment of risk carried out by it by virtue of section 2(1)(a) or (b) of the Act. Regulation 14 requires a Scottish Category 1 responder to have regard to arrangements to warn the public and provide advice and information to the public when performing its duty under section 2(1)(d). Regulation 15 provides that, in performing that duty, Scottish Category 1 responders must maintain plans which relate to any emergency to which those duties apply and may maintain specific plans to deal with particular emergencies. Regulation 16 requires responders to consider whether it would be appropriate to perform its functions under section 2(1)(d) by way of a plan maintained by more than one Scottish Category 1 responder (a "multi agency plan"). Regulation 17 requires Scottish Category 1 responders to have regard to the activities carried out by certain voluntary organisations. Regulation 18 requires Scottish Category 1 responders to include in the plans maintained by virtue of section 2(1)(c) and (d) of the Act a procedure for determining whether an emergency has occurred. Regulation 19 requires those plans to include arrangements for exercises and training. Regulation 20 requires Scottish Category 1 responders to consider whether such plans must be revised when Scottish Ministers issue guidance or an assessment under regulation 11.

Part 5 of these Regulations relates to the duty of Scottish Category 1 responders under section 2(1)(f) of the Act to publish in part the assessments made and plans maintained under section 2(1)(a) to (d) of the Act. Regulation 21 requires Scottish Category 1 responders to have regard to the importance of not alarming the public unnecessarily.

Part 6 of these Regulations relates to the duty of Scottish Category 1 responders under section 2(1)(g) of the Act to maintain arrangements to warn and provide advice to the public in the event of an emergency. Regulation 22 provides that Scottish Category 1 responders must have regard to the plans it maintains by virtue of section 2(1)(c) and (d). Regulation 23 provides that Scottish Category 1 responders may maintain general arrangements to warn and provide advice to the public or specific arrangements. Regulation 24 requires Scottish Category 1 responders to have regard to the importance of not alarming the public unnecessarily. Regulation 25 requires Scottish Category 1 responders to exercise their arrangements and to train their staff in operating those arrangements. Regulation 26 to 28 require Scottish Category 1 responders to identify or have arrangements to identify the Category 1 responder with lead responsibility for warning, informing and advising the public. Regulation 29 requires responders to have regard to the warnings, information and advice provided to the public and by other Scottish responders and other bodies and provides that Category 1 responders need not duplicate that effort.

Part 7 of these Regulations relates to the duty of responders who are local authorities (referred to as "relevant responders") under section 4(1) of the Act to give advice and assistance to the public in connection with the making of arrangements for the continuance of commercial activities by the public or the carrying on by voluntary organisations of their activities in the event of an emergency. Regulation 30 defines "relevant responder". Regulation 31 is a transitional provision which has the effect that a relevant responder will have a power rather than a duty to provide advice to businesses under regulation 33(3)(a) until 15th May 2006. Regulation 32 requires relevant responders to take into account any relevant community risk register maintained under regulation 12. Regulation 33 specifies the scope of the duty in relation to business. It provides that the duty only applies to businesses which carry on commercial activity in the area in which the functions of the responder are exercisable It also provides that relevant responders must provide advice and assistance to business at large, and may in addition provide advice and assistance to individual business or refer them to a business continuity consultant or obtain advice and assistance for them from a business continuity consultant. Regulation 34 specifies the scope of the duty in relation to voluntary organisations. It provides that relevant responders must determine which voluntary organisations should receive advice and assistance, having had regard to the factors listed in this regulation. Regulation 35 requires relevant responders which have functions which are exercisable in a police area to co operate with each other. Relevant responders may make arrangements with each other for the discharge of their duties under section 4 of the Act jointly or for one relevant responder to perform those duties on behalf of another. Regulation 36 relates to cross border co operation between local authorities in England and Wales and Scottish Category 1 and 2 responders. Regulation 37 requires relevant responders to have regard to the advice and assistance provided of this kind by other responders and provides that relevant responders need not unnecessarily duplicate that advice or assistance. Regulation 38 enables relevant responders to charge for any advice or assistance provided on request. Such charge may not exceed the costs of the provision of that advice or assistance (taking into account the indirect costs).

Part 8 relates to information. Regulation 39 defines "sensitive information". Regulation 40 makes provision for circumstances where a certificate in relation to national security has been issued by a member of the Scottish Executive. Regulation 41 enables Category 1 or 2 responders to require any other responder to provide information which it reasonably requires in connection with the performance of its functions under section 2(1)(a) to (d) of the Act. Regulation 42 defines a procedure by which information can be requested. Regulation 43 places an obligation on the receiving responder to reply with a request for information if conditions are met. A responder must refuse to comply with such a requirement in certain circumstances. Regulation 44 provides when and where such information is to be provided. Regulation 45 provides that Category 1 responders must not publish or disclose to the public sensitive information obtained or created by virtue of the Act or these Regulations unless certain conditions are satisfied. Regulation 46 limits the use that can be made of sensitive information which has been obtained under these Regulations. Regulation 47 imposes requirements on responders as to storage and handling of sensitive information obtained under these Regulations.


Notes:

[1] 2004 c.36. Section 2(5) has effect in relation to section 2(4) by virtue of subsection (6) of that section and with the modifications specified in subsection (6).back

[2] Paragraph 29A was inserted by S.I. 2005/2043.back

[3] 1986 c.31.back

[4] 1990 c.31.back

[5] 1993 c.43.back

[6] S.I. 1999/743; amended by the Greater London Authority Act 1999 s.328 and S.I. 2002/2469.back

[7] S.I. 1996/825; amended by the Greater London Authority Act 1999 s.328.back

[8] S.I. 2001/2975; amended by S.I. 2002/2099 and S.I. 2002/2469.back

[9] 1998 c.29.back



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Prepared 12 October 2005


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