The Civil Contingencies Act 2004 Risk, Resilience and the Law in the United Kingdom

by Walker, Clive; Broderick, James

• ISBN13: 9780199296262
• ISBN10: 019929626X
• Format: Paperback
• Copyright: 2006-09-14
• Publisher: Oxford University Press

Summary

This book provides a detailed exploration of the Civil Contingencies Act 2004 and its supporting documentation. It describes and analyses recent changes by providing a full commentary on all parts of the Act.

Author Biography

Professor Clive Walker is Professor of Criminal Justice Studies at the School of Law, University of Leeds. He has written extensively on criminal justice, civil liberties and media issues. His books have focused upon terrorism, including (with Hogan, G.,) Political Violence and the Law in Ireland (Manchester University Press, 1989) and The Prevention of Terrorism in British Law 2/e (Manchester University Press, 1992), Blackstone's Guide to the Anti-Terrorism Legislation (OUP, 2002), and upon miscarriages of justice, including; (with Keir Starmer), Justice in Error (Blackstone Press, London, 1993) and Miscarriages of Justice (Blackstone Press, London, 1999). Dr Jim Broderick is Director of MSc. Programme in Emergency Planning Management and Lecturer in Risk, Crisis and Disaster Management. Formerly he was a lecturer in strategic studies and U.S. foreign policy and the University of the Witwatersrand, Johannesburg, and a visiting lecturer in U.S. defense and security policy at the University of Birmingham.

Table of Contents

Preface	xiii
Table of Cases	xvii
Table of Legislation	xxiii
PART I: RISK, REGULATION, AND RESILIENCE IN EMERGENCY
Risk and Risk Management Theory
Introduction	1	(5)
The Risk Society
Overview	6	(7)
The changing `architecture' of risk distribution	13	(3)
Scientific rationality and lay knowledge	16	(8)
Risk and the regulatory state	24	(8)
Risk and the operation of regulatory regimes	32	(6)
Towards a Civil Protection Society?	38	(13)
Conclusions	51
PART II: THE LEGISLATIVE DETAILS
Background and Outline
Forerunners to the Act	2	(27)
Forerunners to Part I of the 2004 Act	3	(8)
Forerunners to Part II of the 2004 Act	11	(12)
Repeals	23	(1)
The non-repeal of common law	24	(5)
Legislative History of the Act
Legislative formation	29	(13)
The draft Bill	42	(5)
The Bill	47	(2)
Outline, Miscellaneous Provisions, and Related Jurisdictions
Outline	49	(17)
Miscellaneous materials	66	(3)
British islands	69	(4)
Standards	73	(13)
The resort to `emergency'	74	(8)
The standards in `emergency'	82	(4)
Conclusions	86
The Meanings of `Emergency'	1	(1)
Part I Definitions	2	(16)
Human welfare and the environment	3	(6)
Security	9	(3)
Common elements	12	(6)
Part II Definitions	18	(15)
The Concept of `Emergency'---Overall Assessment
Single definition	33	(1)
The triggers in the definitions	34	(6)
Practical application	40	(4)
Final conclusions	44
Local Arrangements for Civil Protection: Part I of the Act
Introduction	1	(2)
Duty Holders---'Responders'	3	(26)
Category 1 responders	4	(8)
Category 2 responders	12	(6)
General provisions and assessment	18	(11)
Power Holders	29	(1)
Preparedness of Responders
General requirements	30	(24)
Local resilience forums	54	(3)
Regional structures in England	57	(13)
External Actions Demanded of Responders
Business continuity advice and assistance to sectors of the public	70	(11)
Orders to exercise conferred functions	81	(1)
Disclosure of information	82	(5)
Urgency directions	87	(4)
Monitoring and Enforcement	91	(4)
Devolved Territories and London	95	(33)
Scotland	96	(7)
Wales	103	(5)
Northern Ireland	108	(10)
London	118	(10)
Legislative Procedures and Effect	128	(2)
Regulations and Guidance	130	(1)
Other Planning Powers	131	(27)
Operational Powers	158	(2)
Conclusions	160
Emergency Powers: Part II of the Act
The Making of Emergency Regulations	1	(20)
Invocation of powers	3	(13)
Preconditions	16	(5)
The Scope and Limits of Emergency Regulations
Scope	21	(6)
Limits	27	(11)
Regional Emergency Coordinators	38	(8)
Emergency Tribunals	46	(3)
Oversight	49	(4)
Devolved Territories and London	53	(10)
Regulations and Guidance	63	(8)
Other Emergency Powers	71	(5)
Conclusions	76
Constitutional Issues	1	(1)
The Principles of Constitutionalism	2	(3)
Overall Design	5	(2)
Breadth of Powers Over Constitutional Matters	7	(10)
Democratic Scrutiny
Parliament	17	(1)
General measures	18	(1)
Pre-publication review	19	(1)
The mechanisms for post-publication review	20	(4)
Duration and expiry	24	(2)
Local democracy	26	(1)
Judicial Scrutiny	27	(31)
Administrative law review
Part I	28	(1)
Part II	29	(11)
Liability in torts	40	(1)
Fault liability	41	(8)
Strict liability	49	(6)
Legal assistance	55	(1)
Exclusion of jurisdiction	56	(1)
Victims	57	(1)
Other Independent Scrutiny	58	(2)
Devolution	60	(1)
Conclusions	61
Human Rights Issues	1	(1)
Human Rights Requirements	3	(4)
Draft Civil Contingencies Bill
General position	7	(2)
Clause 25	9	(11)
The Act---Definitions	20	(1)
The Act---Part I	21	(1)
The Act---Part II	22	(17)
Protection for rights in general	23	(6)
Protection for specified rights	29	(7)
Derogation	36	(3)
Conclusions	39
PART III: THE OPERATIONALIZATION OF RESILIENCE
Towards a Civil Contingencies Framework	1	(1)
Central Government Structures
Cabinet level
Cabinet committees	2	(2)
Civil Contingencies Secretariat	4	(7)
Cabinet Office Briefing Rooms (COBR)	11	(1)
Lead Government Department	12	(6)
Levels of engagement	18	(1)
Central Government Policy on Resilience	19	(4)
Central Government and the Civil Contingencies Act	23	(12)
The Role of the Military
Military assets	35	(4)
The legal and practice rules relating to military involvement	39	(6)
Mechanics of military involvement	45	(9)
Practical Guides for Local Planners	54	(49)
Dealing with Disasters	55	(3)
2004 Act guidance	58	(2)
The local tier
Contextual overview	60	(5)
Cooperation	65	(2)
Information sharing	67	(5)
Risk assessment	72	(5)
Emergency planning	77	(1)
Business Continuity Management (BCM)	78	(2)
Communicating with the public	80	(3)
Advice and assistance to business and voluntary organizations	83	(2)
Devolution and London	85	(1)
Monitoring and enforcement	86	(4)
Role of the voluntary sector	90	(7)
Organizations not covered by the Act	97	(1)
Response and recovery	98	(5)
Standards of Delivery	103	(7)
Risk assessment	104	(4)
Training and exercises	108	(2)
Finance
Planning costs	110	(8)
Action costs	118	(8)
International Assistance	126	(6)
Conclusions	132
Comparisons and Final Conclusions	1	(298)
International Comparisons	2	(31)
New Zealand	3	(10)
United States	13	(20)
Final Conclusions	33	(266)
Appendix: The Civil Contingencies Act 2004	299	(26)
Select Bibliography	325	(12)
Index	337