Part 1

Local Arrangements for Civil Protection

General

Monitoring by Government
9
1
A Minister of the Crown may require a person or body listed in Part 1 or 3 of Schedule 1—
a
to provide information about action taken by the person or body for the purpose of complying with a duty under this Part, or
b
to explain why the person or body has not taken action for the purpose of complying with a duty under this Part.
2
The Scottish Ministers may require a person or body listed in Part 2 or 4 of Schedule 1—
a
to provide information about action taken by the person or body for the purpose of complying with a duty under this Part, or
b
to explain why the person or body has not taken action for the purpose of complying with a duty under this Part.
2A
The Welsh Ministers may require a person or body listed in Part 2A or 5 of Schedule 1—
a
to provide information about action taken by the person or body for the purpose of complying with a duty under this Part, or
b
to explain why the person or body has not taken action for the purpose of complying with a duty under this Part.
3
A requirement under subsection (1), (2) or (2A) may specify—
a
a period within which the information or explanation is to be provided;
b
the form in which the information or explanation is to be provided.
4
A person or body shall comply with a requirement under subsection (1), (2) or (2A) .
5
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1) to require the Chief Constable (PSNI) to provide information or an explanation is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
6
If it appears to the Chief Constable (PSNI) that a requirement imposed by virtue of subsection (5) may require the Chief Constable (PSNI) to provide national security information, the Chief Constable (PSNI) may refer the requirement to a Minister of the Crown.
7
The Minister may set aside or otherwise modify the requirement as the Minister considers appropriate so that the Chief Constable (PSNI) is not required to provide any information which appears to the Minister to be national security information.
8
“
National security information
” means information the disclosure of which to the public would, or would be likely to, adversely affect national security.
S. 9 partly in force; s. 9 not in force at Royal Assent see s. 34; s. 9(1)(3)(4) in force for specified purposes at 14.11.2005 by S.I. 2005/2040, art. 3(h); s. 9(2) in force and s. 9(3)(4) in force for further specified purposes (S.) at 14.11.2005 by S.S.I. 2005/493, art. 4
S. 9(5)-(8) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 5, Sch. 3 para. 101(2) (with arts. 28-31, Sch. 3 para. 110)
S. 9(2A) inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(8)(a)
Words in s. 9(3) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(8)(b)
Words in s. 9(4) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(8)(c)