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The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005

Changes over time for: Section 40

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Extent of the duty under section 4(1) in relation to voluntary organisationsE+W+S

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40.—(1) This regulation applies to the duty of a relevant responder under section 4(1) in so far as it relates to advice and assistance to voluntary organisations.

(2) A relevant responder need only provide advice and assistance to those voluntary organisations which it considers appropriate.

(3) A relevant responder may determine the manner in which such advice and assistance is provided, and may in particular –

(a)provide advice and assistance to voluntary organisations at large;

(b)provide advice and assistance to an individual voluntary organisation; and

(c)provide advice and assistance to voluntary organisations in connection with –

(i)identifying a business continuity consultant who provides advice and assistance to voluntary organisations in the area in which the functions of the relevant responder are exercisable; and

(ii)obtaining advice and assistance from such a business continuity consultant.

(4) In paragraph (3), “business continuity consultant” means a person who –

(a)is competent to provide advice and assistance to voluntary organisations; and

(b)has experience of so doing.

(5) In determining whether a voluntary organisation is appropriate for the purposes of paragraph (2), a relevant responder must consider –

(a)whether the organisation carries on activities in the area in which the functions of the relevant responder are exercisable;

(b)the nature and extent of activities carried on by the organisation, and in particular the extent to which the organisation carries on activities which contribute to –

(i)the prevention of an emergency occurring;

(ii)the reduction, control or mitigation of the effects of an emergency;

(iii)otherwise taking action in connection with an emergency;

(iv)social welfare;

(c)the number of staff employed by the organisation;

(d)the turnover of the organisation;

(e)the nature of the organisation, and in particular whether the nature of the organisation is such that the advice and assistance provided by the relevant responder is likely to improve the ability of the organisation to continue to carry on its activities in the event of an emergency.

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