Civil Defence Emergency Management Act 2002

Appointment, functions, and powers of persons involved in civil defence emergency management - Civil Defence Emergency Management Groups

22: Membership rules in event of local government reorganisations

You could also call this:

"Rules for joining emergency groups when local council areas change"

If there are changes to local government areas, this section applies to the local authorities that are affected. You need to know that these changes can include creating new regional councils or unitary authorities, changing the boundaries between them, or extending the area of a territorial authority into another regional council or unitary authority area. This can affect how Civil Defence Emergency Management Groups are set up.

When these changes happen, the affected regional councils or unitary authorities must set up or re-set up a Civil Defence Emergency Management Group within six months. You are part of a group if your territorial authority is completely within the area of the regional council or unitary authority. If your territorial authority is in two or more areas, you must join one of the groups after talking to the relevant regional councils or unitary authorities.

If your territorial authority's area is extended into another regional council or unitary authority area, you must also join one of the groups after talking to them. Once you decide which group to join, you cannot change your mind, and you must make this decision within two months of the group being set up. If you do not make a decision in time, the Minister will tell you which group to join, and you must do what they say.

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Part 2Appointment, functions, and powers of persons involved in civil defence emergency management
Civil Defence Emergency Management Groups

22Membership rules in event of local government reorganisations

  1. This section applies to local authorities affected by a local government reorganisation that—

  2. creates new regional councils or unitary authorities; or
    1. redraws boundaries between regional councils or unitary authorities, or between regional councils and unitary authorities; or
      1. extends the area of a territorial authority into the area of another regional council or unitary authority.
        1. If this section applies, then—

        2. each affected regional council or unitary authority must establish or re-establish, as the case may be, a Civil Defence Emergency Management Group in accordance with this Act within 6 months of the effective date of its reorganisation:
          1. each territorial authority whose district is completely within the affected regional council or unitary authority must be a member of the Group of which that regional council or unitary authority is a member:
            1. each territorial authority whose district is in the district of 2 or more affected regional councils or unitary authorities must, after consulting with the relevant regional councils or unitary authorities, join any one, but only 1, of the Groups of which the relevant regional councils or unitary authorities are members:
              1. each territorial authority whose district is extended into the district of another regional council or unitary authority must, after consulting with the relevant regional councils or unitary authorities, join any one, but only 1, of the Groups of which the relevant regional councils or unitary authorities are members.
                1. A territorial authority's decision to join a particular Group under subsection (2)(c) or (d) is irrevocable, and must be made within 2 months of the establishment of the Group.

                2. If a territorial authority's decision under subsection (2)(c) or (d) is not made before the expiry of the time limit in subsection (3), the Minister must direct the territorial authority to join one of the relevant Groups.

                3. A territorial authority that is subject to a ministerial direction under subsection (4) must comply with that direction.