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Guidance for Scotland’s Regional Resilience Partnerships on Risk and Preparedness Assessments

November 2021

Other Legislation and National Guidance

Other Legislation and National Guidance

As outlined in part 2 of this document, the Civil Contingencies Act 2004 (the Act) and the Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005 (as amended) (the Regulations) is the legislation which outlines the key organisations and their duty to prepare for civil emergencies within Scotland. However other legislation exists which shares the characteristics and practices of civil contingencies legislation, notably:

  1. Control of Major Accident Hazards Regulations 2015 (COMAH)
  2. Pipelines Safety Regulations 1996 (PSR)
  3. Radiation (Emergency Preparedness and Public Information) Regulations 2019 (REPPIR). (It must be noted that REPPIR 2019 repeals and replaces REPPIR 2001)

The Act and the Regulations state that duties imposed by the Act or the Regulations need not be performed in relation to an emergency within the meaning of the said legislation (the Regulations, regulation 9):

Existing emergency planning duties

  1. Scottish Category 1 responders need not perform a duty under section 2(1) in relation to any emergency which is -
    1. a major accident, within the meaning of regulation 2(1) of the Control of Major Accident Hazards Regulations 1999(1), resulting from developments in the course of the operation of an establishment to which Part 2 of those Regulations applies;
    2. a major accident, within the meaning of regulation 2(1) of the Pipelines Safety Regulations 1996(2), involving a dangerous fluid (within the meaning of those Regulations) which is in, or has been conveyed in, a pipeline to which those Regulations apply; or
    3. a radiation emergency, within the meaning of regulation 2 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001(3), which results from work with ionising radiation (within the meaning of those Regulations) to which those Regulations apply.

However, whilst there are specific legislative demands posed by COMAH, PSR and REPPIR, there is much within civil contingencies activity which will be relevant to this other legislation.

Preparation, response and recovery processes developed by responders in the context of the Act and the Regulations will, in large part, be applicable to the demands of COMAH, PSR and REPPIR and the potential hazards associated with this legislation. Therefore, there is no requirement to duplicate planning and preparation required by both sets of legislation.

Key UK Government Guidance

The RRP RPA has been developed to be in line with UK Government guidance as much as possible. This is to make use of the considerable information and expertise that goes into developing the UK Government documents and to avoid confusion when speaking to UK counterparts. The key UK documents are:

  • The UK National Risk Register (NRR) – is the public version of the NSRA, produced to give information to the public about the risks detailed in the NSRA, alongside advice and guidance on how they can prepare for them. It is a useful, easily accessible summary of the key risks but does not go into the same level of detail as the NSRA which is an Official Sensitive document.
  • The UK National Resilience Planning Assumptions – describe the expected scale, duration and severity for the common consequences of the various risks captured in the NSRA. There are currently 24 Planning Assumptions.
  • The Local Risk Management Guidance (LRMG) – contains non statutory guidance, produced by the Cabinet Office Civil Contingencies Secretariat, for use by local Risk Assessment practitioners in order to assist in the production of Local Risk Assessments and Community Risk Registers. It covers the process by which local responders can use the methodology adopted by the National Security Risk Assessment to assist in their Local Risk Assessments, including advice on planning for common consequences (planning assumptions), undertaking capability gap analysis and risk assessment communication. While primarily aimed at Local Resilience Forums, it provides useful advice for RRPs on how NSRA impact scores can be locally scaled.

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