The seven duties

Cabinet Office guidance summarises the obligations on Category 1 responders as seven duties. This page names the provision in the Civil Contingencies Act 2004 and the Contingency Planning Regulations 2005 behind each.

1. Assess the risk of emergencies

Section 2(1)(a) requires a responder from time to time to assess the risk of an emergency occurring, and section 2(1)(b) the risk of an emergency making it necessary or expedient to perform any of its functions.

Regulation 13 limits the first assessment to emergencies which affect or may affect the responder's own area. Regulation 14 lets a Minister issue guidance on likelihood and impact, which must be taken into account, and assessments, which must be adopted. Regulation 15 requires the responders in each local resilience area to keep a community risk register.

2. Put in place emergency plans

Section 2(1)(d) requires plans so that, if an emergency occurs or is likely to occur, the responder can perform its functions so far as necessary or desirable to prevent the emergency, to reduce, control or mitigate its effects, or to take other action in connection with it.

Regulation 21 allows generic and specific plans. Regulation 24 requires every plan to include a procedure for deciding whether an emergency has occurred, naming who decides, who is consulted and who is told. Regulation 25 requires exercises and training.

3. Put in place business continuity arrangements

Section 2(1)(c) requires plans so that, so far as is reasonably practicable, the responder can continue to perform its own functions if an emergency occurs. Regulations 24 and 25 apply to these plans too.

4. Warn, inform and advise the public

Section 2(1)(g) requires arrangements to warn the public, and to provide information and advice to the public, if an emergency is likely to occur or has occurred. Section 2(1)(f) requires publication of all or part of the assessments and plans where that is necessary or desirable to prevent an emergency or reduce its effects.

Regulations 27 and 30 require regard to the importance of not alarming the public unnecessarily. Regulations 32 to 34 provide for one responder to take lead responsibility for warning and informing. Regulation 35 requires regard to the warnings issued by others, including the Meteorological Office and the Food Standards Agency, and removes any need to duplicate them.

5. Share information with other responders

Section 6 allows regulations requiring or permitting one responder to disclose information to another, but only in connection with functions relating to emergencies. Regulations 47 to 50 set out the request procedure and require the receiving responder to comply within the period specified. Regulations 45, 46 and 51 to 53 govern sensitive information and require arrangements to keep it secure.

6. Co-operate with other responders

Section 2(5)(f) and (h) allow regulations to require collaboration and co-operation. Regulation 4 requires all the Category 1 responders in a local resilience area in England or Wales to co-operate in a single forum, the local resilience forum, meeting at least once every six months. Regulation 5 makes the same provision for strategic co-ordinating groups in Scotland. Regulations 9 to 11 allow one responder to take lead responsibility for a duty, with the others supporting it.

7. Advise business and the voluntary sector on continuity

Section 4(1) requires a local authority in England or Wales, and a council in Scotland, to provide advice and assistance to the public on the continuance of commercial activities, and of the activities of voluntary organisations, in the event of an emergency. Regulations 36 to 44 set the extent of the duty and under regulation 44 allow a charge not exceeding the direct cost plus a reasonable share of indirect costs. Cabinet Office guidance records that this duty commenced in May 2006, later than the rest of Part 1.

When the duties apply, and what happens if they are not met

Section 2(2) limits the section 2 duties to emergencies that would seriously obstruct the responder or need action it could not take without changing or adding resources. Section 10 allows proceedings in the High Court or Court of Session where a responder fails to comply.