Cabinet Office

Brexit: contingency planning and powers

Retrieved on: 
Friday, March 22, 2019

Thursday, March 21, 2019Media reports have speculated on whether the Government might be preparing to use its emergency powers conferred by the Civil Contingencies Act 2004 to manage various problems commentators have suggested may emerge after Brexit, particularly if there is no deal.

Key Points: 


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.

    FS50742373

    Retrieved on: 
    Sunday, March 17, 2019

    The complainant has requested information regarding projects commissioned under the Consultancy One framework. The Cabinet Office has asserted that the requested information is not held. The Commissioner’s decision is that, on the balance of probabilities, the Cabinet Office does hold the requested information and has failed to fully consider and responds to the request in accordance with section 1(1) of the Act. The Commissioner requires the public authority to issue a fresh response to the request that does not deny that the information is held (ie the Cabinet Office need to comply with section 1(1)(a) by confirming that the information is held) and then either disclose the information as described in the confidential annex, or issue a refusal notice citing a reason to withhold the information. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

    Key Points: 
    • The complainant has requested information regarding projects commissioned under the Consultancy One framework.
    • The Cabinet Office has asserted that the requested information is not held.
    • The Commissioners decision is that, on the balance of probabilities, the Cabinet Office does hold the requested information and has failed to fully consider and responds to the request in accordance with section 1(1) of the Act.
    • The public authority must take these steps within 35 calendar days of the date of this decision notice.

    Cabinet Secretary and Civil Service Chief Executive questioned on Brexit preparedness

    Retrieved on: 
    Monday, February 25, 2019

    Public Administration and Constitutional Affairs Committee hear about the plans of the Civil Service as the Brexit deadline nears

    Key Points: 
    • On the morning after the latest round of Brexit-related debate and votes in the Commons Chamber, the Public Administration and Constitutional Affairs Committee will hear from the Cabinet Secretary and Cabinet Office Permanent Secretary and Civil Service Chief Executive on how the Civil Service is preparing for the UKs departure from the EU.
    • Whilst the Prime Minister has continued to emphasise her intention to secure a majority for a negotiated departure, preparations for a no-deal exit are underway across Government.
    • In this session, members of the Committee will question Sir Mark Sedwill (Cabinet Secretary and National Security Adviser) and John Manzoni (Cabinet Office Permanent Secretary and Chief Executive of the Civil Service) about how ready the Civil Service is for a no-deal exit.
    • John Manzoni, Chief Executive of the Civil Service and Permanent Secretary, Cabinet Office

    Cabinet Secretary and Civil Service Chief Executive questioned on Brexit preparedness

    Retrieved on: 
    Monday, February 25, 2019

    Public Administration and Constitutional Affairs Committee hear about the plans of the Civil Service as the Brexit deadline nears

    Key Points: 
    • On the morning after the latest round of Brexit-related debate and votes in the Commons Chamber, the Public Administration and Constitutional Affairs Committee will hear from the Cabinet Secretary and Cabinet Office Permanent Secretary and Civil Service Chief Executive on how the Civil Service is preparing for the UKs departure from the EU.
    • Whilst the Prime Minister has continued to emphasise her intention to secure a majority for a negotiated departure, preparations for a no-deal exit are underway across Government.
    • In this session, members of the Committee will question Sir Mark Sedwill (Cabinet Secretary and National Security Adviser) and John Manzoni (Cabinet Office Permanent Secretary and Chief Executive of the Civil Service) about how ready the Civil Service is for a no-deal exit.
    • John Manzoni, Chief Executive of the Civil Service and Permanent Secretary, Cabinet Office

    Cabinet Secretary and Civil Service Chief Executive questioned on Brexit preparedness

    Retrieved on: 
    Monday, February 25, 2019

    Public Administration and Constitutional Affairs Committee hear about the plans of the Civil Service as the Brexit deadline nears

    Key Points: 
    • On the morning after the latest round of Brexit-related debate and votes in the Commons Chamber, the Public Administration and Constitutional Affairs Committee will hear from the Cabinet Secretary and Cabinet Office Permanent Secretary and Civil Service Chief Executive on how the Civil Service is preparing for the UKs departure from the EU.
    • Whilst the Prime Minister has continued to emphasise her intention to secure a majority for a negotiated departure, preparations for a no-deal exit are underway across Government.
    • In this session, members of the Committee will question Sir Mark Sedwill (Cabinet Secretary and National Security Adviser) and John Manzoni (Cabinet Office Permanent Secretary and Chief Executive of the Civil Service) about how ready the Civil Service is for a no-deal exit.
    • John Manzoni, Chief Executive of the Civil Service and Permanent Secretary, Cabinet Office

    Calero and Crown Commercial Service Officially Launch the RM3802 Technology Expense Management Framework

    Retrieved on: 
    Thursday, January 24, 2019

    LONDON, Jan. 24, 2019 /PRNewswire/ --Calero, a leading global provider of Communications and Cloud Lifecycle Management (CLM) software and managed services, and Crown Commercial Service (CCS) announced that the RM3802 Technology Expense Management (TEM) framework is officially launched and now available to UK public sector organisations.

    Key Points: 
    • LONDON, Jan. 24, 2019 /PRNewswire/ --Calero, a leading global provider of Communications and Cloud Lifecycle Management (CLM) software and managed services, and Crown Commercial Service (CCS) announced that the RM3802 Technology Expense Management (TEM) framework is officially launched and now available to UK public sector organisations.
    • Effective today, Calero begins selling its Technology Expense Management (TEM) solution and services to the UK central government and the wider public sector.
    • "CCS is very pleased to begin working with Calero on this important initiative," said Deborah Mylett, Category Lead for Technology Asset Management, Crown Commercial Service.
    • Crown Commercial Service (CCS) is an Executive Agency of the Cabinet Office, providing commercial and procurement expertise and services to the public sector.

    Committee on Standards in Public Life

    Retrieved on: 
    Saturday, December 22, 2018

    Friday, December 21, 2018This note sets out the background to the creation of the Committee on Standards in Public Life in 1994 and provides details of its recent work. The note looks at its constitutional position and relationship to Parliament.

    Key Points: 
    • House of Commons Library

      This note sets out the background to the creation of the Committee on Standards in Public Life in 1994 and provides details of its recent work.

    • The Committee's original terms of reference were to examine current concerns about standards of conduct of all holders of public office, including arrangements relating to financial and commercial activities, and make recommendations as to any changes in present arrangements which might be required to ensure the highest standards of propriety in public life.
    • Recent reports have covered: MPs outside interests; ethical standards in outsourced public services; and intimidation in public life.
    • The appointment of the Chair is subject to pre-appointment hearing by the Public Administration and Constitutional Affairs Committee.

    Policy Profession examined in Civil Service Leadership inquiry

    Retrieved on: 
    Friday, December 14, 2018

    Committee examines work of Policy Profession in the Civil Service

    Key Points: 
    • The Public Administration and Constitutional Affairs Committee questions the Head of the Civil Service Policy Profession and Permanent Secretary at the Department for Health and Social Care, Sir Chris Wormald.
    • The Committee will also hear from the Head of the Policy Profession Support Unit, as it continues its inquiry examining Strategic Leadership in the Civil Service.
    • In this session, the Committee will focus on the work of the Civil Service Policy Profession, an initiative to professionalise policy-making within the Civil Service and to encourage consistency in working practices across Government departments.
    • Sir Chris Wormald, Head of the Civil Service Policy Profession and Permanent Secretary, Department of Health and Social Care

    Policy Profession examined in Civil Service Leadership inquiry

    Retrieved on: 
    Friday, December 14, 2018

    Committee examines work of Policy Profession in the Civil Service

    Key Points: 
    • The Public Administration and Constitutional Affairs Committee questions the Head of the Civil Service Policy Profession and Permanent Secretary at the Department for Health and Social Care, Sir Chris Wormald.
    • The Committee will also hear from the Head of the Policy Profession Support Unit, as it continues its inquiry examining Strategic Leadership in the Civil Service.
    • In this session, the Committee will focus on the work of the Civil Service Policy Profession, an initiative to professionalise policy-making within the Civil Service and to encourage consistency in working practices across Government departments.
    • Sir Chris Wormald, Head of the Civil Service Policy Profession and Permanent Secretary, Department of Health and Social Care

    Policy Profession examined in Civil Service Leadership inquiry

    Retrieved on: 
    Friday, December 14, 2018

    Committee examines work of Policy Profession in the Civil Service

    Key Points: 
    • The Public Administration and Constitutional Affairs Committee questions the Head of the Civil Service Policy Profession and Permanent Secretary at the Department for Health and Social Care, Sir Chris Wormald.
    • The Committee will also hear from the Head of the Policy Profession Support Unit, as it continues its inquiry examining Strategic Leadership in the Civil Service.
    • In this session, the Committee will focus on the work of the Civil Service Policy Profession, an initiative to professionalise policy-making within the Civil Service and to encourage consistency in working practices across Government departments.
    • Sir Chris Wormald, Head of the Civil Service Policy Profession and Permanent Secretary, Department of Health and Social Care