Emergency regulations

Emergency regulations are the instrument through which the emergency powers in Part 2 of the Civil Contingencies Act 2004 are used. Under section 20 they must be prefaced by a statement specifying the nature of the emergency and declaring that the conditions in section 21 are met, that the regulations contain only appropriate provision, that their effect is in due proportion to the emergency and that they are compatible with the Convention rights.

Section 22 sets their scope. They may make any provision the maker is satisfied is appropriate for preventing, controlling or mitigating an aspect or effect of the emergency. They may make provision of any kind that could be made by Act of Parliament.

Section 23 sets the limits. They must specify the Parts of the United Kingdom or regions they cover. They may not require military service, prohibit strikes or other industrial action, create an offence punishable by more than three months' imprisonment or a fine above level 5, alter criminal procedure, or amend Part 2 itself or the Human Rights Act 1998. Under section 26 they lapse 30 days after they are made unless new regulations follow, and section 27 lets each House of Parliament resolve that they cease to have effect.