The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005

Statutory Instrument 2005 No. 2042 was made on 22 July 2005 under Part 1 of the Civil Contingencies Act 2004 and, by regulation 1(2), came into force on 14 November 2005. It sets out how Category 1 responders perform the duties in sections 2 and 4 of the Act and what Category 2 responders must do to support them.

Part 1: introductory (regulations 1 to 3)

Regulation 2 lists the regulations that do not extend to Northern Ireland. Regulation 3 defines terms, including the local resilience area, which is the police area or in London an area set out in the Schedule.

Part 2: general (regulations 4 to 12)

Regulation 4 requires the Category 1 responders in each local resilience area in England or Wales to co-operate in a single forum, named the local resilience forum, meeting at least once every six months, and requires Category 2 responders to co-operate. Regulation 5 makes equivalent provision for strategic co-ordinating groups in Scotland and regulation 6 for Northern Ireland. Regulations 7 to 11 allow protocols, joint working and lead responsibility for a duty. Regulation 12 removes the duties for emergencies covered by other regulations, such as major accident hazards.

Part 3: assessing risk (regulations 13 to 18)

Regulation 13 limits the risk assessment duty to emergencies affecting the responder's own area. Regulation 14 allows ministers to issue guidance and assessments, which responders must take into account and adopt. Regulation 15 requires the responders in each area to maintain a community risk register, and regulation 16 requires it to be shared with neighbouring areas and with the Secretary of State or, in Wales, the Assembly. Regulation 17 does the same for Scotland.

Part 4: maintaining plans (regulations 19 to 26)

Regulations 19 and 20 require plans to have regard to the risk assessments and the warning arrangements. Regulation 21 allows generic and specific plans, regulation 22 requires consideration of multi-agency plans, and regulation 23 requires regard to the activities of voluntary organisations. Regulation 24 requires every plan to include a procedure for deciding whether an emergency has occurred, and regulation 25 requires exercises and training.

Parts 5 and 6: publication, and warning and informing the public (regulations 27 to 35)

Regulation 27 requires regard, when publishing assessments and plans, to the importance of not alarming the public unnecessarily. Regulations 28 to 31 tie the warning arrangements to the plans and require exercises and training. Regulations 32 to 34 provide for a lead responder for warning and informing in relation to each kind of emergency. Regulation 35 requires regard to the warnings issued by other responders, the Meteorological Office, the Secretary of State and the Food Standards Agency, with no need to duplicate them.

Part 7: advice to business and voluntary organisations (regulations 36 to 44)

These regulations apply the section 4 duty to local authorities in England and Wales. Regulation 37 made the duty a power until 15 May 2006. Regulation 38 requires the community risk register to be taken into account. Regulations 39 and 40 set the extent of the duty to businesses and voluntary organisations, and regulation 44 caps any charge at direct costs plus a reasonable share of indirect costs.

Part 8: information (regulations 45 to 54)

Regulation 45 defines sensitive information: national security, public safety, commercial interests and personal data. Regulation 46 provides for ministerial certificates on national security. Regulations 47 to 50 set out how a responder requests information from another, in writing with reasons, and require the receiving responder to comply unless the sensitive information rules apply. Regulations 51 to 54 restrict disclosure and use of sensitive information and require it to be kept secure.

Parts 9 and 10: London and Northern Ireland (regulations 55 to 58)

Regulations 55 and 56 give the London fire and emergency planning authority lead responsibility for community risk registers and pan-London plans. Regulations 57 and 58 require the responders in Northern Ireland to have regard to the arrangements of the listed Northern Ireland bodies and allow joint working with them.

The Schedule

The Schedule groups the London boroughs into local resilience areas for the purposes of regulation 3.