Guidance on Part 1 of the Civil Contingencies Act 2004, Its Associated Regulations and Non-Statutory Arrangements

Emergency Preparedness Guidance on Part 1 of the Civil Contingencies Act 2004, its associated Regulations and non-statutory arrangements £10.00 EMERGENCY PREPAREDNESS 1 Contents Chapter 1 Introduction 3 Chapter 2 Co-operation 10 Chapter 3 Information sharing 24 Chapter 4 Local responder risk assessment duty 34 Chapter 5 Emergency planning 47 Chapter 6 Business continuity management 74 Chapter 7 Communicating with the public 93 Chapter 8 Advice and assistance to business and voluntary organisations 109 Chapter 9 London 128 Chapter 10 Scotland 132 Chapter 11 Wales 136 Chapter 12 Northern Ireland 141 Chapter 13 Monitoring and enforcement 146 Chapter 14 The role of the voluntary sector 154 Chapter 15 Sectors not covered by the Act 160 Chapter 16 The role of the Minister 163 Chapter 17 Co-operation at the regional level in England 167 Chapter 18 Planning at the regional level in England 174 2 CONTENTS Annexes 178 Annex 2A Model terms of reference for the Local Resilience Forum 178 Annex 3A Formal procedures for requesting information 179 Annex 3B Information request proformas 181 Annex 4A Summary of the six-step local risk assessment process 183 Annex 4B Illustration of a Local Risk Assessment Guidance (LRAG) 186 Annex 4C Example of an individual risk assessment 193 Annex 4D Likelihood and impact scoring scales 195 Annex 4E Community Risk Register 198 Annex 4F Risk rating matrix 199 Annex 5A Examples of generic and specific plans 201 Annex 5B Generic plan: emergency or major incident 203 Annex 5C Specific plan 204 Annex 5D Example of a plan maintenance matrix for a local authority 205 Annex 7A Communicating with the public: the national context 206 Annex 7B Lead responsibility for warning and informing the public 208 Annex 7C Checklist of suggested protocols 210 Annex 14A Examples of voluntary sector activities in support of statutory services 211 Annex 17A Model terms of reference for a Regional Resilience Forum 214 Glossary 215 Bibliography 228 EMERGENCY PREPAREDNESS 3 Chapter 1 Introduction Summary • This volume of guidance, together with the accompanying Emergency Response and Recovery, sets out the generic framework for civil protection. As such, it deals with pre-emergency elements of integrated emergency management – anticipation, assessment, prevention and preparation (paragraphs 1.4 and 1.42). • There is a standard structure for most chapters of this volume of guidance. The structure is: details of what the legislation (the Act and the Regulations) requires; good practice guidance on how Category 1 and 2 responders can carry out their duties to comply with the legislation; and useful information that is not governed by the legislation (paragraphs 1.9–1.10). • Some issues in common underpin the main chapters: – the definition of emergency; – the importance of Category 1 and 2 responders’ functions; – the distinction between Category 1 and 2 responders; and – the links between the duties (paragraphs 1.14–1.35). • Annexes are collected at the end of the document. 4 CHAPTER 1 INTRODUCTION 1.1 Part 1 of the Civil Contingencies Act 2004 (“the 1.7 This guidance also applies to certain bodies in Act”) establishes a consistent level of civil protection Northern Ireland, namely the Police Service of activity across the UK. Greater consistency is sought Northern Ireland, the Maritime and Coastguard too in the way the function is carried out between Agency and telecommunications providers. Neither the local Category 1 and 2 responders as partners this guidance nor the Act applies to other bodies in covered by the Act and in different parts of the Northern Ireland. Arrangements similar to those country. established under the Act, the Regulations and this guidance will be set up in Northern Ireland on a 1.2 The Act provides a basic framework defining non-statutory basis. what tasks should be performed and how co- operation should be conducted. The Government 1.8 The guidance will support those individuals and does not consider that it is necessary to radically organisations which have a role to play in the civil change the way things were done prior to civil protection framework, and in particular those protection being placed on a statutory basis. It aims organisations subject to duties under the Act. to consolidate and strengthen what exists. 1.9 The guidance in this volume is divided into 1.3 Working to a common framework, local chapters. Each chapter deals with a specific aspect of responders will make their own decisions in the light preparedness within the civil protection framework. of local circumstances and priorities about what The main chapters (Chapters 2–8) describe the chief planning arrangements are appropriate in their areas. obligations imposed by the Act on Category 1 responders. Others (for example, Chapters 10–12, Purpose 16–18) provide guidance which places work at the local level in the context of regional and UK 1.4 Integrated emergency management (IEM) arrangements, including variations in Scotland, Wales comprises six related activities: anticipation, and Northern Ireland. It is hoped that Category 1 assessment, prevention, preparation, response and and 2 responders will find these chapters helpful in recovery. Emergency Response and Recovery covers understanding and delivering the wider civil the last two activities. The purpose of Emergency protection framework.1 Preparedness is to accompany Part 1 of the Act, and its supporting Regulations (The Civil Contingencies 1.10 Each chapter in this volume has a broadly similar Act 2004 (Contingency Planning) Regulations 2005) format: (“the Regulations”). • summary; • guidance on what the Act and the Regulations 1.5 This guidance sets out how the civil protection require of Category 1 and 2 responders; duties should be carried out in England and Wales. • guidance on how to carry out the requirements of the legislation; and 1.6 This guidance also sets out how the civil • other information which may be helpful (much of protection duties should be carried out by certain which is contained in lined text boxes). bodies in Scotland, namely the Maritime and Supporting the chapters are: Coastguard Agency, the Health and Safety Executive • a self-assessment sheet (these are identified by and the British Transport Police. These bodies exercise chapter number and collected in one place at functions which are largely reserved on a UK-wide Chapter 13); and basis and it is appropriate for them to be subject to • annexes, a glossary and a bibliography (collected guidance made by a Minister of the Crown. The at the end of this volume). Scottish Ministers make separate regulations and guidance which apply to other Scottish Category 1 1.11 This guidance includes a number of boxes and 2 responders which fall within devolved setting out additional information. The type of box competence. used indicates the type of information contained within it: 1 Throughout the footnotes of this document the Regulations are referred to as regulation(s) with the appropriate number. The term s. refers to the sections of the Civil Contingencies Act EMERGENCY PREPAREDNESS 5 • Lined text boxes – these unshaded boxes is the area of sea up to 12 nautical miles to seaward contain advice and information that may be of the UK coast (or, more accurately, to seaward of useful to local responders, but do not directly the coastal baseline established by statute). relate to the duties in the Act. • Shaded boxes – these contain case studies and 1.17 A place in the UK may be anything from a small examples relating to performance of the duties in village to a town square to a large city. It may also the Act. include a part of a region or an entire region. • Figures – these diagrams illustrate aspects of the good practice guidance. 1.18 Determination of when an emergency has occurred, or is likely to occur, is addressed in three What the Act and the ways. The Act provides: • a specification of the kinds of event or situation Regulations require which may cause “damage”;7 and • two tests for determining whether an event or 1.12 While the civil protection duties are detailed on situation threatening such damage constitutes an the face of the Act, the detail of what those duties emergency (one of which must be met).8 mean, and how they should be performed, is The Regulations require: delivered through the Regulations.2 The Act and • Category 1 responders to adopt a standard Regulations are supported too by this guidance procedure for making the decision to activate a document, which includes guidance to which the business continuity or emergency plan.9 organisations covered by the Act must have regard.3 1.13 However, all the duties specified in Part 1 of the Damage Act are contingent on the definition of “emergency”. 1.19 The Act sets out a list of events or situations which may be considered to pose a threat of damage The definition of “emergency” to human welfare, the environment or security.10 1.14 “Emergency” is defined in Part 1 of the Act as: An event or situation which threatens serious Two tests as to whether a response is required damage to human welfare in a place in the UK, the environment of a place in the UK, or war or terrorism 1.20 A Category 1 responder must perform its duties which threatens serious damage to the security of under the Act only in relation to two situations, either the UK.4 of which poses a considerable test for that organisation’s ability to perform its functions.11 1.15 The definition of “emergency” is concerned with consequences, rather than with cause or source. 1.21 In this way, the Act narrows the range of events Therefore, an emergency inside or outside the UK is or situations to which the duties apply to those which covered by the definition, provided it has test the Category 1 responder.

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