Brexit: contingency planning and powers

House of Commons Library

Brexit: contingency planning and powers

This briefing looks at emergency planning in the UK and specifically at the how emergencies are defined, how the Government may deploy its emergency powers to deal with them, and how this relates to no-deal planning.

What emergency powers does the Government have?

The statutory framework for planning for and dealing with civil contingencies derives from the 2004 Act. Under Part 2 of the 2004 Act, the Government has the power to make emergency regulations, as outlined in the Act’s Explanatory Notes, and so this briefing focuses primarily on those powers. The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 (as amended) add further detail to the emergency planning regime.

Military aid to the civil authorities

• There is a clear process in place for deploying the armed forces in the UK if requested by local or civil authorities, known as Military Aid to the Civil Authorities (MACA).Ministerial approval is required for any request for assistance from other Government departments or civil authorities.
• The legal authority to use Service personnel in operations under Military Aid to the Civil Authorities (MACA) is governed by the 2004 Act and the Emergency Powers Act 1964 (Section 2).

Civil contingency planning for a no-deal Brexit

What has the Government said so far?

• The Cabinet Office’s guidance on the UK central government response to emergencies identifies three levels of emergency: significant emergency (level 1), serious emergency (level 2) and catastrophic emergency (level 3). Only the last of these (the guidance suggests) might require use of the 2004 Act’s emergency powers provisions. The guidance goes on to say that the central response framework, including the Cabinet Office Briefing Rooms (COBR), would be activated in the event of a level 2 or 3 emergency. It was reported in March 2019 that COBR had taken control of no-deal planning and would be implementing contingency measures from 24 March 2019.
  • The UK central government response to emergencies (including the procedure for invoking emergency powers) is also discussed in the House of Lords Library briefing Civil contingencies, Emergency Powers and No-Deal Brexit (LLN-2019-0034, 19 March 2019)
  • Dealing with civil contingencies: emergency planning in the UK (CBP 08016, 11 July 2017) looks more broadly at emergency planning.
  • The Commons Library briefing Military Aid to the Civil Authorities (CBP 08074, 18 August 2017) provides a more detailed examination of using the armed forces.
  • Other Commons Library briefings on related topics are available from the pages for emergency services and emergencies and disaster management.
• Emergency powers would (he suggested) be used only for unforeseen situations foreseeable contingencies should be addressed through the usual primary or secondary legislation.
• Operation Yellowhammer is the name by which some elements of departments contingency planning (coordinated by the Civil Contingencies Secretariat) are known.