MEMO TO COBRA

The Legal Authority to deploy troops on to the streets of London tonight..........

Civil Contingencies Act 2004 - 

Section 19

(1)     In this Part “emergency” means—

(a)     an event or situation which threatens serious damage to human welfare in the United Kingdom or in a Part or region,

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(2)     For the purposes of subsection (1)(a) an event or situation threatens damage to human welfare only if it involves, causes or may cause—

(a)     loss of human life,

(b)     human illness or injury,

(c)     homelessness,

(d)     damage to property,

(e)     disruption of a supply of money, food, water, energy or fuel,

(f)     disruption of a system of communication,

(g)     disruption of facilities for transport, or

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20  Power to make emergency regulations

(1)     Her Majesty may by Order in Council make emergency regulations if satisfied that the conditions in section 21 are satisfied.

(2)     A senior Minister of the Crown may make emergency regulations if satisfied—

(a)     that the conditions in section 21 are satisfied, and

(b)     that it would not be possible, without serious delay, to arrange for an Order in Council under subsection (1).

(3)     In this Part “senior Minister of the Crown” means—

(a)     the First Lord of the Treasury (the Prime Minister),

(b)     any of Her Majesty's Principal Secretaries of State, and

(c)     the Commissioners of Her Majesty's Treasury.

(4)     In this Part “serious delay” means a delay that might—

(a)     cause serious damage, or

(b)     seriously obstruct the prevention, control or mitigation of serious damage.

21  Conditions for making emergency regulations

(1)     This section specifies the conditions mentioned in section 20.

(2)     The first condition is that an emergency has occurred, is occurring or is about to occur.

(3)     The second condition is that it is necessary to make provision for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency.

(4)     The third condition is that the need for provision referred to in subsection (3) is urgent.

22  Scope of emergency regulations

(1)     Emergency regulations may make any provision which the person making the regulations is satisfied is appropriate for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency in respect of which the regulations are made.

(2)     In particular, emergency regulations may make any provision which the person making the regulations is satisfied is appropriate for the purpose of—

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(l)     enable the Defence Council to authorise the deployment of Her Majesty's armed forces;