Civil Contingencies Act 2004

Discuss the difference between Common Law and the Statutory Acts made by the Powers that be, (PTB)

Civil Contingencies Act 2004

Postby holy vehm » Tue Mar 19, 2013 8:21 pm

http://en.wikipedia.org/wiki/Civil_Contingencies_Act_2004

The Civil Contingencies Act 2004 repeals the Civil Defence Act 1948 and the Civil Defence Act (Northern Ireland) 1950. Part 1 of the Act establishes a new definition for “emergency”, which is broadly defined. The definition includes war or attack by a foreign power, which were defined as emergency under previous legislation, as well as terrorism which poses a threat of serious damage to the security of the United Kingdom and events which threaten serious damage to human welfare in a place in the United Kingdom or to the environment of a place in the United Kingdom. Previous legislation, which was enacted during or after the second world war, provided for civil protection solely in terms of "civil defence", which was defined as "measures, other than actual combat, for affording defence against a hostile attack by a foreign power". The Act also broadens the number of local bodies which have duties in the event of an emergency, previous legislation only related to local authorities, police authorities and certain fire authorities.[5] Neither strand had seen any significant amendments in a number of years and, unfortunately, were not able to cope in the event of domestic threats to services such as the fuel protests of 2000 or natural threats like the mass flooding in 2000 and the outbreak of Foot and Mouth Disease in 2001.[6]

In the wake of these three events, the Deputy Prime Minister, John Prescott, announced a formal review into emergency planning arrangements. The review included a public consultation exercise, which generally supported the Government's conclusion that existing legislation was no longer adequate and that new legislation was required. A draft Bill was scrutinised in detail by the Joint Committee on the Draft Civil Contingencies Bill,[7] which was very influential in shaping the legislation but several proposals of which (especially for a new agency) were rejected.

The Act guides upon the creation of a Local Resilience Forum to consider such matters within an existing police force boundary and requires responders to undertake risk assessments, maintain them in a Community Risk Register and to publish this register. Risks in this context are those that could result in a major emergency. This Community Risk Register is the first step in the emergency planning process; it ensures that the plans that are developed are proportionate to the risk.

A draft Bill was scrutinised in detail by the Joint Committee on the Draft Civil Contingencies Bill.[8] On the 18 November 2004 the bill received Royal Assent, becoming the Civil Contingencies Act 2004.[9]
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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