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Devolved Administrations

Background

This section describes emergency preparedness and planning arrangements in the Devolved Administrations, where these differ from UK Government and local arrangements in England. It also outlines how Part 1 of the Civil Contingencies Act and its associated Regulations apply in Scotland, Wales and Northern Ireland. More detail on the specific duties under the Act and how they apply in the Devolved Administrations can be found in Chapters 2 to 8 of the guidance document Emergency Preparedness.

Emergency preparedness in Scotland

The Scottish Executive departments are designated as leads on relevant issues in line with the 'lead department' principle at the UK level. In non-devolved areas the Scottish Executive works closely with the UK Government to ensure that Scottish needs are catered for.

Overall responsibility for civil protection policy in Scotland sits with the Civil Contingencies Division (CCD) of the Scottish Executive Justice Department. The Scottish Executive chairs the Scottish Emergencies Co-ordinating Committee (SECC), which ensures that steps are taken to respond to the changing risk environment and determines the national strategy for the development of civil protection.

At the local level in Scotland, eight strategic co-ordinating groups based on police force areas promote effective planning for all types of incidents in their area, involving risk assessment, making generic and specific emergency plans, engaging with the community, training, testing, exercising and reviewing.

Emergency preparedness in Wales

The Welsh Assembly Government (WAG) or Wales Office, depending on the subject matter, is represented on the key committees and forums within the UK government relating to civil protection. They work closely with UK government departments to ensure that UK civil protection policy and planning is tailored to Welsh needs. A dedicated team in WAG supports multi-agency co-operation in Wales and engagement with the UK Government on issues relating to civil protection and emergency preparedness.

As in England, Local Resilience Forums (LRFs) are the principle mechanism for multi-agency co-operation on civil protection issues. The respective Chief Constables presently chair the LRFs in the South Wales, North Wales, Dyfed-Powys and Gwent areas. The Welsh Resilience Forum (WRF) provides a national forum for multi-agency strategic advice on civil protection and emergency planning. The forum meets quarterly and is chaired by the First Minister or the Minister for Social Justice and Regeneration. Risk assessment at a pan-Wales level is undertaken by the Wales Risk Assessment Group (WRAG) reporting to the WRF.

A number of other groups provide forums for discussion and co-ordination of civil protection in Wales, including: the Joint Emergency Services Group; the Wales Media Emergency Forum; and the Welsh Borders Resilience Group.

Emergency preparedness in Northern Ireland

Civil contingencies in Northern Ireland are largely a devolved matter with responsibilities lying with Northern Ireland government departments. The Northern Ireland Office (NIO) in the UK government is, however, responsible for, amongst other things, policing, criminal justice and security in Northern Ireland.

The Central Emergency Planning Unit (CEPU) in the Office of the First Minister and Deputy First Minister (OFMDFM) promotes and co-ordinates civil protection arrangements in Northern Ireland. The Northern Ireland Assembly would normally have oversight of civil contingencies arrangements for transferred functions. During any period of suspension of the devolved Assembly, Northern Ireland departments discharge their functions subject to the direction and control of the Secretary of State. The "lead government department" principle applies to Northern Ireland departments as at the UK level.

The Central Emergency Management Group (CEMG) is a pan-Northern Ireland multi-agency forum for the development, discussion and agreement of civil protection policy. It is broadly analogous to the Regional Resilience Forums in England and Wales. Co-ordination at local and sub-regional levels may be facilitated by a range of organisations, with police district commanders and district council chief executives taking key roles in co-ordination. Northern Ireland has its own unique constitutional and organisational structures. Unlike in Great Britain many services are delivered on a Northern Ireland-wide (regional) basis, either by government departments or by their agencies and NDPBs.

The Devolved Administrations under the Civil Contingencies Act

Scotland:

Part 1 of the Civil Contingencies Act applies to Scotland, with the powers it sets out residing with Scottish Ministers in line with the devolution settlement. While civil protection in Scotland is largely a devolved matter and therefore the responsibility of the Scottish Executive, certain responders in Scotland are subject to Part 1 of the Act, the Regulations and guidance issued by UK Ministers - the Health and Safety Executive, the Maritime and Coastguard Agency and the British Transport Police.

Wales:

The arrangements set out in Part 1 of the Act apply in Wales. However, there are some differences in the requirements which the Regulations place on Category 1 and 2 responders in Wales because of the unique administrative arrangements in Wales. As in England, the principal mechanism for co-operation between Category 1 and 2 responders under the Act will be the Local Resilience Forums (LRFs). The Welsh Resilience Forum (WRF) provides a national forum for multi-agency strategic advice on civil protection and emergency planning. The forum is a non-statutory advisory body.

Northern Ireland:

Civil contingencies in Northern Ireland are largely a devolved matter with responsibilities lying with Northern Ireland government departments. The duties of the Act apply only to a limited number of organisations which deliver functions that are not transferred. These organisations are: the Police Service of Northern Ireland (PSNI); the Maritime and Coastguard Agency (MCA); and telecommunications operators. Because these organisations do not represent the full spectrum of response agencies in Northern Ireland, the Regulations treat these organisations in a slightly different way. In practice, it is anticipated that the PSNI, MCA and telecommunications operators in Northern Ireland will undertake their duties under the Act, but will relate to the other public service bodies listed in the Regulations in line with the arrangements in the Northern Ireland Civil Contingencies Framework and by participating in Northern Ireland co-operation, co-ordination and crisis management machinery.

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