Category 2 responders

Section 3(5) of the Civil Contingencies Act 2004 says a person or body listed in Part 3, 4 or 5 of Schedule 1 may be referred to as a "Category 2 responder". Cabinet Office guidance describes them as co-operating bodies, less likely to be involved in the heart of planning work but heavily involved in incidents that affect their own sector. Their legal duties are narrower than those of Category 1 responders.

Who is listed (Schedule 1, Part 3)

As the text stood on legislation.gov.uk on 29 October 2026, Part 3 listed:

Utilities

• paragraph 19: holders of an electricity transmission, distribution, electricity system operator or interconnector licence under section 6 of the Electricity Act 1989
• paragraph 20: holders of a gas licence under section 7, 7ZA or 7AA of the Gas Act 1986
• paragraph 21: a water or sewerage undertaker for an area wholly or mainly in England, appointed under section 6 of the Water Industry Act 1991
• paragraph 22: a provider of a public electronic communications network which makes telephone services available, for speech or for data

Transport

• paragraph 23: a holder of a licence under section 8 of the Railways Act 1993 to operate railway assets in Great Britain
• paragraph 24: a person providing railway services in Great Britain under a railway undertaking licence
• paragraph 25: Transport for London and London Underground Limited
• paragraphs 26 and 26A: an airport operator in Great Britain, and an operator of an airport area under Part 1 of the Civil Aviation Act 2012
• paragraph 27: a harbour authority in Great Britain
• paragraph 28: the Secretary of State as highway authority, and a strategic highways company under the Infrastructure Act 2015

Health and safety, and miscellaneous

• paragraph 29: the Health and Safety Executive
• paragraph 29B: the Office for Nuclear Regulation
• paragraph 29C: the Coal Authority
• paragraph 29D: the Secretary of State, in so far as the functions of the Secretary of State include the activities of the Meteorological Office

Part 4 lists the Scottish equivalents (paragraphs 30 to 38A), including Scottish Water, the Common Services Agency and Public Health Scotland. Part 5 lists the Welsh entries: water and sewerage undertakers for areas wholly or mainly in Wales, and the Welsh Ministers as highway authority (paragraphs 39 and 40).

Thresholds for transport operators

Regulation 3 of the Contingency Planning Regulations 2005 limits which operators count: an airport with at least 50,000 passengers or 10,000 tonnes of freight and mail in the most recent year with data, a harbour averaging at least 1.5 million tonnes of cargo or 200,000 passengers a year over the most recent three years, and railway licences other than those held only for light maintenance.

What they must do

The Act places the detailed duties on Category 1 responders. Section 2(5)(h) and (i) allow regulations to permit or require a Category 2 responder to co-operate with, and provide information to, Category 1 responders. The 2005 Regulations use those powers.

Under regulation 4(5), a Category 2 responder with functions in a local resilience area in England or Wales must co-operate with each Category 1 responder in that area in connection with the Category 1 responder's duties under section 2(1). Under regulation 4(6) it must, so far as reasonably practicable, attend a meeting of the local resilience forum when invited by all the Category 1 responders, and must consider whether to attend other meetings.

Regulations 47 to 50 cover information. A responder may make a written request for information held by another responder where it reasonably requires it for its duties or another function relating to an emergency. The receiving responder must comply, subject to the rules on sensitive information in regulations 45 and 49, and must respond within the reasonable period specified.

Enforcement

Section 10 allows a Minister of the Crown, a Category 1 responder or a Category 2 responder to bring proceedings in the High Court or the Court of Session over a failure to comply.