The Civil Defence (Scotland) Regulations 2001

Explanatory Note

(This Note is not part of the Regulations)

These Regulations consolidate with amendments the Civil Defence (Grant) (Scotland) Regulations 1953 (S.I. 1953/1804) (“the 1953 Regulations”). The Regulations make provision for grants to be payable to police authorities by the Scottish Ministers towards expenses incurred by them in connection with the discharge of their civil defence functions. Those functions are set out in regulation 3 of the Regulations. The functions were set out in the Civil Defence (Police) (Scotland) Regulations 1954 (S.I. 1954/327) (“the 1954 Regulations”), but the Regulations revoke the 1954 Regulations (regulation 9 and Schedule 2).

The 1953 Regulations made provision for grants to be payable to fire authorities and local authorities towards expenses incurred by them in connection with the discharge of their civil defence functions. Those functions are the functions conferred by the Civil Defence (Fire Services) (Scotland) Regulations 1949 (S.I. 1949/2167) (“the 1949 Regulations”) and the Civil Defence (General Local Authority Functions) (Scotland) Regulations 1993 (S.I. 1993/1774) (“the 1993 Regulations”). Fire authorities and local authorities no longer exercise such functions and accordingly regulation 9 of, and Schedule 2 to, these Regulations revoke the 1949 Regulations and the 1993 Regulations.

The 1953 Regulations and relevant amending instruments and the 1954 Regulations are similarly revoked although they continue to apply in relation to grants payable by the Scottish Ministers for the financial year ending 31st March 2001 (regulation 9).

The Regulations also amend the provision dealing with the estimate and determination of grant so as to reflect the position that civil defence grant is no longer demand led but instead is estimated by the Scottish Ministers at the outset (regulation 8).