Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Prepared by: For the 30 June 2010 Foreword
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Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Prepared by: 
For the 
30 June 2010 Foreword The United Kingdom is in the fortunate position of being less susceptible to large-scale natural disasters than many other countries. Even so, and as recent years have shown, our territory may still be subject to such emergencies as flooding, and the effects of severe winter weather. The purpose of this study, commissioned by the British Red Cross, is to examine the extent to which the legal, administrative and operational framework for disaster response within the UK is able to facilitate potential international relief into our territory, in the event of a large-scale disaster requiring such assistance from beyond our borders. Using the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (IDRL Guidelines), adopted in 2007 at the 30th International Conference of the Red Cross and Red Crescent, the report recommends a number of possible actions by which the domestic disaster framework may be further strengthened in relation to potential incoming international assistance. The British Overseas Territories are also touched upon and of course they are more susceptible to natural disasters, the response to which may require help from beyond their borders. The aim of this report is to provide recommendations based on a realistic assessment of the UK’s possible future need for international relief in relation to potential future natural disasters, bearing in mind our traditionally robust domestic emergency response capacity. It is hoped that these pragmatic recommendations may be useful to those domestic policy-makers and legislators charged with overseeing the UK civil contingencies framework. This report has benefited from the generous comments of a number of individuals, including, among others, Dr Simon Strickland, Mr David Fletcher and Mr Simon Whitbourn (UK Cabinet Office), Mr David Fisher (International Federation of Red Cross and Red Crescent Societies), Mr Tim Gordon (HMRC), Mr Gordon MacMillan (Hanover Associates UK), Mr Roy Wilshire (Chief Fire Officer, Hertfordshire County) and Ms Moya Wood-Heath (British Red Cross). We also wish to thank the authors of this report, Justine Stefanelli and Sarah Williams of the British Institute of International and Comparative Law, who were assisted by Katharine Everett, Frances McClenaghan, Hidenori Takai and Payam Yoseflavi. Michael Meyer Head of International Law British Red Cross
The views expressed in the report are those of the authors and do not necessarily reflect the views of the British Red Cross. This report is part of a wider study on cross-border disaster assistance within the EU, carried out in conjunction with five other European National Societies, under the overall coordination of the International Federation of Red Cross and Red Crescent Societies. The wider project received funding from the European Commission, who bear no responsibility for the content or use of the information contained in this report. 
Table of Contents Executive Summary 8 a. Basic Statistics 24 i. Geography and climate 24 ii. Population and population centres 25 iii. Economic and political factors 25 b. Executive Structure 26 i. England 27 ii. Scotland 27 iii. Wales 28 iv. Northern Ireland 28 v. Crown Dependencies and Overseas Territories 29 vi. London 30
i. EU law 31 ii. European Convention on Human Rights 33
i. Provision of international assistance abroad 40 ii. Receipt of international assistance 40 iii. The UK and external options for civil protection 41 EU Civil Protection Mechanism 41 NATO 41
Bilateral and regional agreements 41 h. Civil Contingencies Act and Implementing Regulations 43 Part 1 43 Part 2: Emergency powers 44
i. Emergency Powers Acts 1920 and 1964 50 ii. Local Government Act 1972 50 iii. Supply Powers Act 1975 51 iv. Specific legislation in other sectors 51 Hazardous Waste (England and Wales) Regulations 2005 51 Water Resources Act 1991 51 Energy Act 1976 52 Electricity Act 1989 52 Railways Act 1993 52 Food and Environment Protection Act 1985 52 Terrorism 52 v. Royal Prerogative 53 vi. Common law 54 k. Level of Emergency 55 l. Responding Actors 56 i. Central Government 56 Civil Contingencies Secretariat 56 Cabinet Office Briefing Room 57 Lead Government Department 58 ii. Devolved Administrations 58 Scotland 59 Wales 60 Northern Ireland 61 iii. Local and Regional Resilience 63 iv. Local Authorities 64 v. London 64 vi. Role of the Military 64 vii. Crown Dependencies 66 viii. Overseas Territories 66 ix. National Red Cross Society and other voluntary organisations 67 x. Private Sector 69
i. Data Protection Act 72 ii. Civil Contingencies Act 74 iii. Human Rights Act 74 iv. Common law 74 v. Guidance 74 o. Co-ordination of Relief 75 p. External Early Warning 76 q. UK Focal Point 80 r. Form and Content of Requests for Assistance 81 s. Termination of Relief 81 t. Entry of Personnel 82 i. The UK and the Schengen Agreement 82 ii. UK Immigration Law 83 iii. UK immigration status of foreign civilian aid personnel 84 International agreement 85 Charity Workers 86 Religious Workers 86 General discretion 87 u. Recognition of Professional Qualifications 87 i. General system for recognition 88 ii. Specific professions 89 Doctors 90 Nurses 91 Paramedics 92 Engineers 92 iii. Expedited procedures 92 v. Customs and Taxation 93 i. Taxation 94 Exemption from VAT 94 ii. Customs 96 Relief imported into the UK 96 Temporary admission 97 Purchases with charity funds 98 Relief originating from or transiting across the UK toward other countries 100 w. Telecommunications 100 x. Currency 101 y. Transport 103 i. Road 104 ii. Air 106 UK registered aircraft 106 International flights 106 Emergency powers 108 iii. Rail 108 iv. Maritime 109 z. Motor Vehicle Insurance, Registration and Temporary Importation 110 i. Insurance 110 ii. Licensing and registration 111 iii. Temporary importation 112 aa. Rescue Animals 113 bb. Food 114 cc. Medicines 116 i. Pharmaceuticals 117 ii. Controlled substances 117
i. Civil protection officials 121 ii. Diplomatic and consular officials 122 Recognition of privileges and immunities 122 iii. International and regional organisations 123 Recognition of privileges and immunities 123 United Nations and its agencies 123 iv. Liability protections 124 v. The Tampere Convention 124
i. Charitable funds 124 ii. Accountability of Affected State Government 125 i. Civil liability 125 Liability of public authorities 126 Judicial review 127 UK human rights framework 127 ii. Criminal liability 128 Corruption, misappropriation and bribery 128 Fraud 130 jj. Accountability of Assisting Actors 130 i. Corruption 130 ii. Fraud 131 iii. Civil liability in tort 131 iv. Statutory liability 132 v. Employment Law and Occupational Health and Safety 132 kk. Liability and Payment 132 ll. Security 133 mm. Access to Disaster-Affected Persons 134 i. Immigration law 134 ii. Children and vulnerable adults 135 nn. Distribution of Relief 137 oo. Legal Facilities for Aid Providers 138 pp. General Remarks 139 qq. The UK legal framework and the IDRL Guidelines 139 rr. Recommendations 143 Directory: media media -> Applications to Drill media -> Unicef voices of Youth Chat Theme: Children and aids nigeria and Zimbabwe 13 October 2006 Background media -> Tsunami Terror Alert: Voices of Youth media -> Biblical Eschatology Presentation by: D. Paul Beck May 4, 2016 Ground Rules media -> Guide to completing the collection using the Omnibus system media -> The milk carton kids media -> Events Date and Location media -> The Gilded Age: The First Generation of Historians by H. Wayne Morgan University of Oklahoma, April 18, 1997 media -> Cuba fieldcourse 2010 media -> Hurricane Facts and Dates Download 0.91 Mb. Share with your friends:
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