The following Public Law practice note Produced in partnership with Eric Metcalfe of Monckton Chambers provides comprehensive and up to date legal information covering:
The Civil Contingencies Act 2004 (CCA 2004) provides the primary framework for dealing with large-scale emergencies under UK law:
Part 1 of the Act concerns the responsibility of various public bodies and certain private bodies (eg energy suppliers or telecommunications providers) to undertake contingency planning for emergencies
Part 2 enables a senior government minister to make emergency regulations with the power to amend primary legislation
It is important to bear in mind, however, that there are a wide range of other exceptional statutory powers that may be deployed in times of crisis without an emergency first having been declared under CCA 2004, Pt 2.
For example, section 14 of the Human Rights Act 1998 (HRA 1998) permits a Secretary of State to make a designated derogation from rights under the European Convention on Human Rights (ECHR). Although a derogation under Article 15 ECHR may only be made ‘in time of war or other public emergency threatening the life of the nation’, it is entirely possible for there to be a ‘public emergency’ under Article 15 without the CCA 2004 being engaged: see eg the Human Rights Act (Designated Derogation) Order 2001, SI 2001/3644 made following the 9/11 attacks.
Notwithstanding various crises over the last decade, no emergency regulations have been made under the CCA 2004 since its entry into force in December 2004.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.