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

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[^f00001] 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

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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

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• (1) In these Regulations–

• “the Act” means the Civil Contingencies Act 2004;

• “body which deals with security matters” means any of–the Security Service;the Secret Intelligence Service;the Government Communications Headquarters;the Serious Organised Crime Agency;

• “Category 1 responder” means a body or person listed in Part 1 or 2 of Schedule 1;

• “Category 2 responder” means a general Category 2 responder or a Scottish Category 2 responder;

• “community risk register” has the meaning given by regulation 12;

• “co-ordination area” means any of the following areas comprising the local government areas (as defined by section 1 of, and Schedule 1 to, the Local Government etc. (Scotland) Act 1994 and as adjusted under section 17 of the Local Government (Scotland) Act 1973)— Argyll and Bute, City of Glasgow, Dumbarton and Clydebank, Dumfries and Galloway, East Ayrshire, East Dunbartonshire, East Renfrewshire, Inverclyde, North Ayrshire, North Lanarkshire, Renfrewshire, South Ayrshire and South Lanarkshire; City of Edinburgh, Clackmannan, East Lothian, Falkirk, Fife, Midlothian, Stirling, The Borders and West Lothian; orAberdeenshire, Angus, City of Aberdeen, City of Dundee, Highland, Moray, Orkney Islands, Perthshire and Kinross, Shetland Islands and Western Isles;

• “emergency” has the meaning given by section 1(1);

• “function” has the meaning given by section 18(1);

• “general Category 1 responder” means a person or body listed in Part 1 of Schedule 1;

• “general Category 2 responder” means–body or person listed in paragraphs 19 to 22, 24, 25 28, 29 or 29A[^f00002] of Part 3 of Schedule 1;a body or person listed in paragraph 23 of Part 3 of Schedule 1 which is a relevant railway operator;a body or person listed in paragraph 26 of Part 3 of Schedule 1 which is a relevant airport authority; anda person or body listed in paragraph 27 of Part 3 of Schedule 1 which is a relevant harbour authority;

• “non lead Category 1 responders” has the meaning given in regulation 6(3);

• “Regional Resilience Partnership” has the meaning given by regulation 3(3);

• “relevant airport operator” means an airport operator, within the meaning of section 82(1) of the Airports Act 1986[^f00003], which is responsible for an airport through which, in the most recent year for which data is available, at least 50,000 passengers or 10,000 tonnes of freight and mail were transported;

• “relevant harbour authority” means a harbour authority, within the meaning of section 46(1) of the Aviation and Maritime Security Act 1990[^f00004], which is responsible for a harbour through which the average annual maritime traffic, calculated by reference to the most recent three years for which data is available, is at least 1.5 million tonnes of cargo or 200,000 passengers;

• “relevant railway operator” means a person who holds a licence under section 8 of the Railways Act 1993[^f00005] (operation of railway assets) in so far the licence relates to activity in Great Britain and in so far as the licence held is–a network licence (within the meaning of that Act);a passenger licence (within the meaning of that Act);a station licence (within the meaning of that Act); ora non passenger licence (meaning a licence authorising a person to be the operator of a train being used on a network for a purpose other than carrying passengers), where such licence is held for the purpose of operating trains for the carriage of goods by railway and connected purposes,except where such a licence is held only for the purpose of carrying out light maintenance activities (within the meaning of that Act);

• “responder” means a Category 1 responder or a Category 2 responder;

• “Scottish Category 1 responder” means a person or body listed in Part 2 of Schedule 1;

• “Scottish Category 2 responder” means–a body or person listed in paragraph 30 to 35 or paragraph 38 of Part 4 of Schedule 1;a body or person listed in paragraph 36 of Part 4 of Schedule 1 which is a relevant airport operator; anda body or person listed in paragraph 37 of Part 4 of Schedule 1 which is a relevant harbour authority;

• “Sensitive information” has the meaning given by regulation 39;

• ...

• “voluntary organisation” means a body (other than a Scottish public or local authority) whose activities are not carried on for profit.

• (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

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• (1) Scottish Category 1 responders which have functions which are exercisable in a particular co-ordination 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)–

• (a) may take the form of two or more Scottish Category 1 responders co operating with each other, or one or more Scottish Category 1 responders cooperating with one or more general Category 1 responders; and

• (b) must take the form of all Scottish Category 1 responders which have functions which are exercisable in that co-ordination area co-operating together in a single group with all general Category 1 responders which have functions which are exercisable in that co-ordination area.

• (3) The form of co-operation referred to in paragraph (2)(b) is referred to in these Regulations as the “Regional Resilience Partnership”.

• (4) As part of the Regional Resilience Partnership, Scottish Category 1 responders which have functions which are exercisable in a particular co-ordination 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 co-ordination 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 co-ordination area–

• (a) must, so far as reasonably practicable, attend a meeting of the Regional Resilience Partnership for that area or arrange to be effectively represented at that meeting, if it is asked to do so by all of those Scottish and general Category 1 responders which have functions which are exercisable in that co-ordination area; and

• (b) in the case of any other meeting of that Regional Resilience Partnership, must consider whether it is appropriate for it to attend the meeting or to be effectively represented at the meeting.

• (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 co-ordination area must–

• (a) keep each Scottish and general Category 2 responder which has functions which are exercisable in that area informed of–

• (i) when meetings of the Regional Resilience Partnership 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 Scottish or general Category 2 responder to attend any such meetings where the Scottish or general Category 2 responder wishes to do so; and

• (c) consider whether a Scottish or general Category 2 responder should be asked to attend such a meeting.

Co operation with general Category 1 responders

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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.

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Each Scottish Category 1 responder may–

• (a) make arrangements with another responder for the performance of a duty of the Scottish Category 1 responder under section 2(1) jointly with that other responder;

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

Identification of Category 1 responder with lead responsibility

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• (1) If more than one Category 1 responder which has functions which are exercisable in a particular co-ordination 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 co-ordination 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 co-ordination area, the other Category 1 responders in that co-ordination 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

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If, pursuant to regulation 6, a Scottish Category 1 responder has been identified as the Category 1 responder with lead responsibility in a particular co-ordination 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–

• (a) take the lead responsibility in performing that duty in that co-ordination area in relation to that emergency or an emergency of that particular kind;

• (b) consult the Scottish and general Category 1 responders which–

• (i) have functions which are exercisable in that co-ordination area, and

• (ii) 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,

in the course of performing that duty;

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

• (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 non-lead Category 1 responders approve of the way in which the Scottish Category 1 responder with lead responsibility is performing the duty).

Role of Scottish Category 1 responders which do not have lead responsibility

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• (1) Paragraph (2) applies if a Scottish Category 1 responder has been identified as the responder with lead responsibility in a co-ordination 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 co-ordination 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–

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

• (b) must provide any information to the Scottish or general 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 Scottish or general Category 1 responder with lead responsibility for performing that duty with any exercises or training that that Scottish or general Category 1 responder wishes to carry out in connection with that duty; and

• (d) need not perform that duty to the extent that to do so would unnecessarily duplicate the performance of that duty by the Scottish or general Category 1 responder which has lead responsibility for performing that duty in that co-ordination area.

Existing emergency planning duties

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

• (a) a major accident, within the meaning of regulation 2(1) of the Control of Major Accident Hazards Regulations 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 Pipelines Safety Regulations 1996[^f00007], 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; or

• (c) a radiation emergency, within the meaning of regulation 2 of the 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.

PART 3 — Duty to assess risk of emergency occurring

Kinds of emergency in relation to which risk should be assessed

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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

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• (1) The Scottish Ministers may issue to Scottish Category 1 responders (or any class of Scottish Category 1 responders) guidance as to–

• (a) the likelihood of a particular emergency or an emergency of a particular kind occurring;

• (b) the extent to which a particular emergency or an emergency of a particular kind would or might (if it occurred) cause damage to human welfare in a place in the Scotland, the environment of a place in Scotland or the security of the United Kingdom.

• (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–

• (a) take into account any guidance issued to it under paragraph (1); and

• (b) adopt any assessment issued to it under paragraph (2).

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

Community risk register

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• (1) As part of the Regional Resilience Partnership, Scottish Category 1 responders which have functions which are exercisable in a particular co-ordination 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–

• (a) in the case of sensitive information of the kind specified by paragraph (1)(a) of regulation 39, adversely affect national security;

• (b) in the case of sensitive information of the kind specified by paragraph (1)(b), (c) or (d) of regulation 39, adversely affect the confidentiality of the information.

• (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

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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

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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

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