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Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Prepared for the British Red Cross by The views expressed in the report are those of the authors and do not necessarily reflect the views of the British Red Cross. This report is part of a wider study on cross-border disaster assistance within the EU, carried out in conjunction with five other European National Societies, under the overall co-ordination of the International Federation of Red Cross and Red Crescent Societies. The wider project received funding from the European Commission, who bear no responsibility for the content or use of the information contained in this report. Front cover photograph © Layton Thompson/British Red Cross Flood relief measures in Oxford, 25 July 2007 Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Foreword The United Kingdom is in the fortunate position of Fisher (International Federation of Red Cross and Red being less susceptible to large-scale natural disasters Crescent Societies), Mr Tim Gordon (HMRC), Mr than many other countries. Even so, and as recent Gordon MacMillan (Hanover Associates UK), Mr Roy years have shown, our territory may still be subject to Wilshire (Chief Fire Officer, Hertfordshire County) such emergencies as flooding, and the effects of severe and Ms Moya Wood-Heath (British Red Cross). winter weather. We also wish to thank the authors of this report, The purpose of this study, commissioned by the British Justine Stefanelli and Sarah Williams of the British Red Cross, is to examine the extent to which the legal, Institute of International and Comparative Law, administrative and operational framework for disaster who were assisted by Katharine Everett, Frances response within the UK is able to facilitate potential McClenaghan, Hidenori Takai and Payam Yoseflavi. international relief into our territory, in the event of a large-scale disaster requiring such assistance from Michael Meyer beyond our borders. Head of International Law British Red Cross Using the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial 30 June 2010 Recovery Assistance (IDRL Guidelines), adopted in 2007 at the 30th International Conference of the Red Cross and Red Crescent, the report recommends a number of possible actions by which the domestic disaster framework may be further strengthened in relation to potential incoming international assistance. The British Overseas Territories are also touched upon and of course they are more susceptible to natural disasters, the response to which may require help from beyond their borders. The aim of this report is to provide recommendations based on a realistic assessment of the UK’s possible future need for international relief in relation to potential future natural disasters, bearing in mind our traditionally robust domestic emergency response capacity. It is hoped that these pragmatic recommendations may be useful to those domestic policy-makers and legislators charged with overseeing the UK civil contingencies framework. This report has benefited from the generous comments of a number of individuals, including, among others, Dr Simon Strickland, Mr David Fletcher and Mr Simon Whitbourn (UK Cabinet Office), Mr David 2 Contents Executive summary 5 b. CCA Regulations and Guidance 30 c. Other Legal Bases for I: Introduction 14 Emergency Powers 30 i. Emergency Powers Acts 1920 and 1964 30 II: The United Kingdom 16 ii. Local Government Act 1972 30 iii. Supply Powers Act 1975 31 a. Basic Statistics 16 iv. Specific legislation in other sectors 31 i. Geography and climate 16 v. Royal Prerogative 32 ii. Population and population centres 17 vi. Common law 32 iii. Economic and political factors 17 b. Executive Structure 17 V: Emergency and Response 33 i. England 18 ii. Scotland 18 a. Level of Emergency 33 iii. Wales 18 b. Responding Actors 34 iv. Northern Ireland 18 i. Central Government 34 v. Crown Dependencies and ii. Devolved Administrations 35 Overseas Territories 19 iii. Local and Regional Resilience 39 vi. London 19 iv. Local Authorities 39 c. Legal Framework 20 v. London 39 i. EU law 20 vi. Role of the Military 39 ii. European Convention on Human Rights 20 vii. Crown Dependencies 40 viii. Overseas Territories 40 ix. National Red Cross Society III: Likely Disaster Scenarios and Past Experience 22 and other voluntary organisations 41 a. The UK’s Most Likely Disasters 22 x. Private Sector 42 b. Past Disasters in the UK 23 VI: Public Information, Information Exchange, c. Disasters and the Overseas Territories 25 Co-ordination of Relief and Early Warning 43 d. The United Kingdom and a. Public Information and International Assistance 25 Information Exchange 43 i. Provision of international assistance abroad 25 b. Data Protection 43 ii. Receipt of international assistance 25 i. Data Protection Act 43 iii. The UK and external options ii. Civil Contingencies Act 43 for civil protection 26 iii. Human Rights Act 43 iv. Common law 44 v. Guidance 44 IV: National Disaster Management Mechanism 27 c. Co-ordination of Relief 45 a. Civil Contingencies Act and Implementing Regulations 27 d. External Early Warning 45 3 Contents Analysis of Law in the UK pertaining to Cross-Border Disaster Relief VII: Requests for and Offers of v. The Tampere Convention 71 International Assistance 48 c. Private sector and individual a. UK Focal Point 48 assistance from abroad 71 i. Charitable funds 71 b. Form and Content of Requests for Assistance 48 d. Accountability of Affected State Government 72 c. Termination of Relief 49 i. Civil liability 72 ii. Criminal liability 73 VIII: National Legal Facilities for e. Accountability of Assisting Actors 74 Entry and Operation 50 i. Corruption 74 a. Entry of Personnel 50 ii. Fraud 74 i. The UK and the Schengen Agreement 50 iii. Civil liability in tort 74 ii. UK Immigration Law 50 iv. Statutory liability 75 iii. UK immigration status of foreign v. Employment Law and Occupational civilian aid personnel 51 Health and Safety 75 b. Recognition of Professional f. Liability and Payment 75 Qualifications 52 g. Security 75 i. General system for recognition 52 ii. Specific professions 53 h. Access to Disaster-Affected Persons 76 iii. Expedited procedures 54 i. Immigration law 76 ii. Children and vulnerable adults 76 c. Customs and Taxation 55 i. Taxation 55 i. Distribution of Relief 77 ii. Customs 56 j. Legal Facilities for Aid Providers 78 d. Telecommunications 58 e. Currency 59 X: Conclusions and Recommendations 79 f. Transport 60 a. General Remarks 79 i. Road 60 b. The UK legal framework and the ii. Air 61 IDRL Guidelines 79 iii. Rail 62 iv. Maritime 63 c. Recommendations 82 g. Motor Vehicle Insurance, Registration and Temporary Importation 63 Annex I: British Overseas Territories 84 i. Insurance 63 ii. Licensing and registration 64 iii. Temporary importation 64 Annex II: Legal Entities in the UK 85 h. Rescue Animals 65 i. Food 65 Annex III: Lead Government Departments and their Responsibilities 89 j. Medicines 66 i. Pharmaceuticals 67 ii. Controlled substances 67 Annex IV: Table of Extracted National Legislation 94 k. Extended hours 67 l. Public Procurement Rules 68 Annex V: Table of International Agreements 97 IX: Issues Pertaining to International Disaster Annex VI: Organograms 101 Relief Organizations 70 a. Domestic Legal Status 70 Annex VII: IDRL Guidelines 104 b. Privileges and immunities 70 i. Civil protection officials 70 Endnotes 112 ii. Diplomatic and consular officials 70 iii. International and regional organisations 71 iv. Liability protections 71 4 Executive Summary Part I: Introduction legislate in respect of all four countries in Great Britain, competence has been devolved 1. In November 2007, the State Parties to the to Scotland, Wales and Northern Ireland 1949 Geneva Conventions unanimously through executive and legislative devolution. adopted the “Guidelines for the Domestic The extent to which competence has been Facilitation and Regulation of International devolved to each country varies according to Disaster Relief and Initial Recovery the terms of the instrument of devolution. Assistance” (IDRL Guidelines) at the 30th 18. The United Kingdom has three Crown International Conference of the Red Cross Dependencies and is responsible for a number and Red Crescent. of Overseas Territories, which are 2. Using the IDRL Guidelines as a base, the independently administered. current study examines the degree to which the legal and regulatory framework of the United Kingdom (UK) is equipped to manage Legal Framework the receipt of international disaster assistance, as and when necessary. 19. The UK does not operate under a single written constitution; rather, its constitution 3. This study will form part of a wider project is found in a number of sources such as case on the facilitation of cross-border assistance law, statute and practice. Nor does it have within the EU. a unified legal system: England and Wales, Scotland and Northern Ireland each have their own system, although the recently-established Part II: The United Supreme Court is the final court of appeal for Kingdom the entire UK. 10. The UK became a Member State of the EU in Basic Statistics 1973. Its membership in the European Union (EU) obliges the UK to implement its 4. The United Kingdom of Great Britain and obligations under EU law. EU law is given Northern Ireland comprises the countries of effect in UK law by the European England and Wales, Scotland and Northern Communities Act 1972. Ireland. The third most populous country in Europe, the UK had an estimated population 11. The UK is also a State Party to the European of 61,383,000 in mid-2008. Convention on Human Rights (ECHR). The ECHR is given effect in UK law by the Human 5. The UK has traditionally required little or no Rights Act 1998. recourse to international assistance in relation to its domestic disasters.