Civil Contingencies Act 2004 Risk, Resilience and the Law in the UK

Author: Cilve Walker; James Broderick
Publisher: Oxford University Press
ISBN: 9780199296262
Published In: July 2006
Format: Paperback , 412 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Examines the theoretical and legislative contexts of the Act, including its impact on constitutional and human rights issues
Logically divided into three parts, following the structure of the Act itself
Includes the full text of the Civil Contingencies Act 2004
Clive Walker is leading name in the field of civil contingencies and terrorism law

The Civil Contingencies Act 2004 marks an important recognition of the increasingly vital agendas of risk and resilience within our society. The United Kingdom has long had legislation dealing with limited types of risk in certain situations. Most prominent and controversial has been the recent legislation about terrorism, but there have also existed other statutes to deal with problems such as; debilitating industrial strikes; power and water supply emergencies; and food chain disasters. However, more recent disturbing events, namely; the fuel strikes of 2000; the catastrophic terrorist attacks of 2001 and threat of further attack through chemical and biological weapons; the foot and mouth outbreak of 2001; and climate change with its associated risks of floods and drought; have rendered a more comprehensive approach to risk and resilience within the United Kingdom essential.

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 - Part I covers the planning aspects and Part II explores the more reactive and controversial regulatory emergency powers. Part III deals with the implementation of the Act including management structures and resources and the operational and organisational concerns which the legislation is intended to address. The theoretical and legislative contexts of the Act are also examined, including its impacts on constitutional and human rights issues.

The commentary provides a vital understanding of the civil protection and emergency response functions in the UK, and the appendices include the full text of the Act together with other official documentation.

Readership: Primary market: criminal law practitioners; academics and students of risk management; local authorities; and police and security services. Secondary market: health and emergency services and civil liberties groups.

Part I: Risk, Regulation, and Resilience in Emergency
1: Risk and Risk Management Theory
Introduction
The Risk Society
Towards a Civil Protection Society?
Conclusions
Part II: The Legislative Details
2: Background and Outline
Forerunners to the Act
Legislative History of the Act
Outline, Miscellaneous Provisions, and Related Jurisdictions
Standards
Conclusions
3: The Meanings of 'Emergency'
Part I Definitions
Part II Definitions
The Concept of 'Emergency' - Overall Assessment
4: Local Arrangements for Civil Protection: Part I of the Act
Introduction
Duty Holders - 'Responders'
Power Holders
Preparedness of Responders
External Actions Demanded of Responders
Monitoring and Enforcement
Devolved Territories and London
Legislative Procedures and Effect
Regulations and Guidance
Other Planning Powers
Operational Powers
Conclusions
5: Emergency Powers: Part II of the Act
The Making of Emergency Regulations
The Scope and Limits of Emergency Regulations
regional Emergency Coordinators
Emergency Tribunals
Oversight
Devolved Territories and London
Regulations and Guidance
Other Emergency Powers
Conclusions
6: Constitutional Issues
The Principles of Constitutionalism
Overall Design
Breadth of Powers Over Constitutional Matters
Democratic Scrutiny
Judicial Scrutiny
Other Independent Scrutiny
Devolution
Conclusions
7: Human Rights Issues
Human Rights Requirements
Draft Civil Contingencies Bill
The Act - Definitions
The Act - Part I
The Act - Part II
Conclusions
Part III: The Operationalization of Resilience
8: Towards a Civil Contingencies Framework
Central Government Structures
Central Government Policy on Resilience
Central Government and the Civil Contingencies Act
The Role of the Military
Practical Guides for Local Planners
Standards of Delivery
Finance
International Assistance
Conclusions
9: Comparisons and Final Conclusions
International Comparisons
Final Conclusions
APPENDICES
Appendix 1: The Civil Contingencies Act 2004

Clive Walker, Professor of Criminal Justice Studies, School of Law, University of Leeds, and James Broderick, Director of the Emergency Planning Management Programme, University of Leicester