The potentiality awkward overlap between the existing functions of local responder bodies. like the utilities and transport companies, which are tightly regulated under their own sectoral legislation, and the civil protection duties under the Bill, has been addressed by giving them Category 2 status. As a result the full burden of the civil protection duties does not fall on them.
The Government welcomes the wide support ARC Conveyancing for the recognition of risk assessment in the Bill. Government is following best practice and delivering on its resilience agenda which must include risk assessment and prevention. Guidance will make clear that the risk assessment envisaged is a broad-brush approach relevant to identifying priorities for the preparation of emergency plans.
It will also clarify that the prevention work required of local responders is to plan to ensure that small-scale incidents do not develop into large-scale incidents. The Bill will not place a duty on local responders to take actions to prevent emergencies which are outside their functions or beyond their competence.The Bill does not place an express duty on local responder bodies to respond to an emergency.
This formulation of their responsibilities does not remove potential liabilities from local responder bodies if they carry out their functions negligently. It places the onus on them to ensure that their plans and arrangements are acted on according to the procedures that they themselves have devised. may potentially damage confidentiality, safety or security for Category 2 bodies, and interfere with competition.