The Emergency Powers
Acts
Although you may find references to a
single Emergency Powers Act, there were in fact two, they were preceded
by the Defence of the Realm Act 1914 and several subsequent acts, they
were succeeded by the Civil
Contingencies Act 2004
The Defence of the Realm Act 1914 is
commonly known as DORA. The original act was a simple one, its purpose
was to control communications, the nation's ports and subject civilians
to the rule of military courts. It introduced a wide range of changes in
society including prohibition, censorship, rationing, the introduction
of British Summer Time and the widening of police powers. DORA was
enacted just four days after the outbreak of the First World War.
The original Act was amended and extended several times over the course
of the War on 28 August 1914 (The
Defence of the Realm (No. 2) Act 1914), on 27 November 1914 by the
Defence
of the Realm (Consolidation Act), 1914, this latter repealed the
first two acts. It was amended three times in 1915, by the Defence
of the Realm (Amendment) Acts, 1915.Other DORA legislation
included the Defence
of the Realm (Aquisition of Land) Act 1916.
The Emergency Powers Act 1920 gave the
Sovereign power, in certain circumstances, to declare a state of
emergency by proclamation. The Act also authorised emergency regulations
to be issued by Order in Council.
The Act made permanent the powers of the war-time Defence of the Realm
Acts.
The exact grounds for such a proclamation by the monarch are defined as:
"...any action has been taken or is immediately threatened by any
persons or body of persons of such a nature and on so extensive a
scale as to be calculated, by interfering with the supply and
distribution of food, water, fuel, or light, or with the means of
locomotion, to deprive the community, or any substantial portion of
the community, of the essentials of life..."
Upon a
proclamation, Parliament was obliged to meet within five days and the
Act gave His Majesty in Council, by Order, to make regulations to secure
the 'essentials of life to the community' and gave the relevant
Secretaries of State the power for the 'preservation of the peace'
and the 'essentials of life'. Such regulations would be laid
before Parliament as soon as they were pronounced and would expire in
seven days, unless Parliament decided otherwise. A proclamation of this
sort could be in force for no more than one month.
The Act was
first put into use in 1921, by Lloyd George, to break a miners
strike over a wage dispute. The Lloyd George government declared a
state of emergency and sent troops to the striking miners' areas. The
Act was also extensively used during the General
Strike of 1926, after a state of emergency was proclaimed on 30
April 1926 on account of the "cessation of work in coal mines"
and emergency regulations continued in force long after the general
strike had ceased. The Labour Attlee Government implemented the Act in 1948
and 1949 to proclaim a state of emergency and used soldiers as
strike-breakers by getting them to unload ships in London, Liverpool and
Avonmouth. The Conservative government also used the Act during the 1955 rail
strike and Harold Wilson's Labour Government during the seamen's
strike of 1966. During the Conservative government of Edward Heath
there were five declarations of emergency under this Act. First in July
1970 over a dockers'
strike, second in December 1970 over an electricians'
strike, the third in February 1972
over a miners' strike, the fourth in August
1972 over another dockers' strike and a miner's
strike in October 1973. The last time it was used was in 1974.
The 1920 Act was amended by the the
Emergency Powers Act 1964, by changing the wording of Section 1(1) of
the Emergency Powers Act 1920, to extend its application. The Act
also amended the Defence (Armed Forces) Regulations 1939 which allowed
soldiers 'temporary employment in agricultural work or in other work,
being urgent work of national importance' by making this permanent.
The act
establishes a new and broad definition of "emergency". The definition
includes war or attack by a foreign power, which were defined as
emergencies 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, 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 and the range of
emergencies; previous legislation only related to local authorities,
police authorities and certain fire authorities. Neither strand had seen
any significant amendments in a number of years and they were not deemed
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,
the outbreak of foot and mouth disease in 2001 and the COVID-19
pandemic.
The act
guides and authorises 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.
The act
places a legal obligation upon emergency services and local authorities
(defined as "category 1 responders" under the act) to assess
the risk of, plan, and exercise for emergencies, as well as undertaking
business continuity management. Category 1 responders are also
responsible for warning and informing the public in relation to
emergencies. Finally, local authorities are required to provide business
continuity advice to local businesses. It also places legal obligations
for increased co-operation and information sharing between different
emergency services and also to non-emergency services that might have a
role in an emergency such as electric companies (non-emergency services
are defined as category 2 responders under the act).
The act
provides that temporary emergency regulations are normally made through
Order in Council or by a Minister of the Crown if arranging for an Order
in Council would not be possible without serious delay. Such regulations
are limited in duration to 30 days, unless Parliament votes to extend
this period before it expires. The only primary legislation which may
not be amended by emergency regulations is the Human
Rights Act 1998 and part 2 of the Civil Contingencies Act itself.
Category 1 responders
Category 1 responders are known as
core responders; they include the usual "blue-light" emergency services,
as well as others:
- Local authorities
- Police forces, including the
British Transport Police
- Fire services
- Ambulance services
- HM Coastguard
- NHS hospital trusts, NHS
foundation trusts (and Welsh equivalents), NHS England, Public
Health England, and Public Health Wales
- Port health authorities
- The Environment Agency, the
Scottish Environment Protection Agency, and Natural Resources Wales
Category 2 responders
Category 2 responders are key
co-operating responders that act in support of the category 1
responders. Category 2 responders are mostly utility companies and
transport organisations:
- Utilities
- Electricity distributors and
transmitters
- Gas distributors
- Water and sewerage undertakers
- Telephone service providers
(fixed and mobile)
- Transport
- Network Rail
- Train operating companies
(passenger and freight)
- London Underground
- Transport for London
- National Highways
- Airport operators
- Harbour authorities
- Others
- The Health and Safety Executive
- The Met Office
Voluntary organisations
Under the Act, a general
Category 1 responder must have regard to the activities of voluntary
organisations - e.g. St. John Ambulance, British Red Cross, St.
Andrews First Aid - which carry on activities:
- in
the area in which the functions of that general Category 1 responder
are exercisable; and
- which
are relevant in an emergency.
For the purposes of paragraph the
Act, a voluntary organisation carries on activities which are relevant
in an emergency if it carries on activities for the purpose of:
- preventing
an emergency;
- reducing,
controlling or mitigating the effects of an emergency; or
- taking
other action in connection with an emergency.
For the purposes of the Act, it is
immaterial if the voluntary organisation also carries on activities
for other purposes.
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