Summary and Background Part 2: emergency powers
9.The Emergency Powers Act 1920 (and, in Northern Ireland, the Emergency Powers Act (Northern Ireland) 1926) enabled Her Majesty to proclaim that a state of emergency existed and to make regulations to deal with the emergency. Before these emergency powers could be exercised, there had to be (or be about to be) an interference with the supply or distribution of food, water, fuel, light or the means of locomotion which deprives the community or part of it of the “essentials of life”. The powers had not been amended to reflect the enactment of the devolution settlements or the Human Rights Act 1998.
10.The Act repeals the Emergency Powers Act 1920 and the Emergency Powers Act (Northern Ireland) 1926. It confers a power on Her Majesty (or in certain very limited circumstances, a senior Minister of the Crown) to make regulations if an “emergency” has occurred or is about to occur. “Emergency” is defined broadly to include events and situations which threaten serious damage to human welfare in the United Kingdom, a Part or a region, the environment of the United Kingdom, a Part or a region or war or terrorism which threaten serious damage to the security of the United Kingdom. The Act gives further detail as to what provision may (and may not) be included in emergency regulations, including specific safeguards designed to prevent misuse. The Act expressly allows for emergency powers to have effect in a Part or region of the United Kingdom only. The Act also makes provision for consultation with, and the conferral of functions on, the devolved administrations.