Civil Contingencies

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2007-14

CIVIL CONTINGENCIES ACT 2007

Principal Act

Act. No. 2007-14 Commencement 26.4.2007

Assent 20.4.2007

Amending

enactments

Relevant current

provisions

Commencement

date

LN. 2011/064 ss. 21-30 & Sch. 1 & 2 12.5.2011

2013/012 s. 31 31.1.2013

English sources:

None cited

EU Legislation/International Agreements involved:

Directive 2008/114/EC

Civil Contingencies

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2007-14

ARRANGEMENT OF SECTIONS

PART 1

General

Section

1. Title and commencement.

2. Interpretation.

PART 2

Pre-emptive measures

3. Pre-emptive measures.

4. General measures.

5. Urgency.

6. Monitoring.

7. Enforcement.

8. Provision of information.

9. Amendment of Schedule.

PART 3

Emergency

10. Meaning of “emergency”.

11. Power to make emergency regulations.

12. Conditions for making emergency regulations.

13. Scope of emergency regulations.

14. Limitations of emergency regulations.

15. Duration.

16. Urgency.

PART 4

Civil Contingencies Committee

17. Establishment of Civil Contingencies Committee.

18. Role and functions of Civil Contingencies Committee.

19. Civil Contingencies Coordinator.

20. Regulations.

PART 5

European Critical Infrastructures

21. Interpretation.

22. Identification of ECIs.

Civil Contingencies

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2007-14

23. Procedure for the identification of critical infrastructures which may

be designated as an ECI.

24. Designation of ECIs.

25. Operator security plans.

26. ECI OSP Procedure.

27. Security Liaison Officers.

28. Reporting.

29. Sensitive European critical infrastructure protection-related

information.

30. European critical infrastructure protection contact points.

PART 6

31. Regulations.

SCHEDULE 1

SCHEDULE 2

Civil Contingencies

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2007-14

Civil Contingencies

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2007-14

AN ACT TO MAKE PROVISION FOR THE EXERCISE OF CERTAIN

POWERS IN THE EVENT OF, IN THE CONTEXT OF, AND IN

RELATION TO, CIVIL CONTINGENCIES.

PART 1

General

Title and commencement.

1. This Act may be cited as the Civil Contingencies Act 2007 and comes

into operation on the day of publication.

Interpretation.

2. In this Act

“emergency” has the meaning given by section 10;

“function” means any power or duty whether conferred by virtue of an

enactment or otherwise;

“Minister” means the Minister for Civil Contingencies, acting with the

consent of the Chief Minister;

“public functions” means

(a) functions conferred or imposed by or by virtue of an enactment,

(b) functions of Ministers (or their departments),

(c) functions of public officers;

“serious delay” means a delay that might

(a) cause serious damage; or

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

damage.

PART 2

Pre-emptive measures

Pre-emptive measures.

Civil Contingencies

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2007-14

3.(1) Where the Government believes that an event or situation threatens

damage to human welfare in Gibraltar it may make regulations to prevent,

mitigate or control the effects of that event or situation.

(2) An event or situation threatens damage to human welfare only if, on a

scale which is greater than the normal risk or incidence thereof, 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

(h) disruption of services relating to health.

(3) The event or situation mentioned in subsection (1) may occur or be

inside or outside Gibraltar.

(4) Regulations made under subsection (1) may impose penalties of a

maximum of 5 years imprisonment and fines not exceeding £20,000, and

subject to the provisions of the Constitution may provide for the confiscation

of goods.

General measures.

4.(1) The Minister may by order require a person or body listed in the

Schedule to perform a function of that person or body for the purpose of

(a) preventing the occurrence of an emergency;

(b) reducing, controlling or mitigating the effects of an emergency;

or

(c) taking other action in connection with an emergency.

(2) A person or body shall comply with an order under this section.

(3) An order under subsection (1) may

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(a) require a person or body to consult a specified person or body

or class of person or body;

(b) permit, require or prohibit collaboration, to such extent and in

such manner as may be specified;

(c) permit, require or prohibit delegation, to such extent and in

such manner as may be specified;

(d) permit or require a person or body listed in the Schedule to co-

operate, to such extent and in such manner as may be specified,

with another person or body listed in the Schedule in

connection with a duty under the order;

(e) permit or require a person or body listed in the Schedule to

provide information in connection with a duty under the order,

whether on request or in other specific circumstances to a

person or body listed in the Schedule;

(f) confer a function on a Minister or on any other specified person

or body (and a function conferred may, in particular, be a power

or duty to exercise a discretion);

(g) make provision which applies generally or only to a specified

person or body or only in specified circumstances;

(h) make different provision for different persons or bodies or for

different circumstances.

Urgency.

5.(1) This section applies where

(a) there is an urgent need to make provision of a kind that could

be made by an order under section 4(1); but

(b) there is insufficient time for the order to be made.

(2) The Chief Minister may by direction make provision of a kind that

could be made by an order under section 4(1).

(3) A direction under subsection (2) shall be in writing.

(4) Where the Chief Minister gives a direction under subsection (2)

(a) he may revoke or vary the direction by further direction,

Civil Contingencies

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2007-14

(b) he shall revoke the direction as soon as is reasonably practicable

(and he may, if or in so far as he thinks it desirable, re-enact the

substance of the direction by way of an order under section

4(1)), and

(c) the direction shall cease to have effect at the end of the period

of 21 days beginning with the day on which it is given (but

without prejudice to the power to give a new direction).

(5) A provision of a direction under subsection (2) shall be treated for all

purposes as if it were a provision of an order under section 4(1).

Monitoring by Government.

6.(1) A Minister may require a person or body listed in the Schedule

(a) to provide information about action taken by the person or

body for the purpose of complying with a duty under this Part,

or

(b) to explain why the person or body has not taken action for the

purpose of complying with a duty under this Part.

(2) A requirement under subsection (1) may specify

(a) a period within which the information or explanation is to be

provided;

(b) the form in which the information or explanation is to be

provided.

(3) A person or body shall comply with a requirement under subsection

(1).

Enforcement.

7.(1) Any of the following may bring proceedings in the Supreme Court in

respect of a failure by a person or body listed in the Schedule to comply with

section 4(2) or 6(3)

(a) the Minister;

(b) a person or body listed in the Schedule.

(2) In proceedings under subsection (1) the Supreme Court may grant any

relief, or make any order, that it thinks appropriate.

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Provision of information.

8. Regulations or an order under this Part may, if addressing the provision

or disclosure of information, make provision about

(a) timing;

(b) the form in which information is provided;

(c) the use to which information may be put;

(d) storage of information;

(e) disposal of information.

Amendment of Schedule.

9.(1) The Chief Minister may by order amend the Schedule.

(2) An order under subsection (1)

(a) may add, remove or move an entry either generally or only in

relation to specified functions of a person or body, and

(b) may make incidental, transitional or consequential provision

(which may include provision amending this or another

enactment).

PART 3

Emergency

Meaning of “emergency”.

10.(1) In this Act “emergency” means

(a) an event or situation which threatens serious damage to human

welfare in Gibraltar; or

(b) an event or situation which threatens serious damage to the

environment of Gibraltar.

(2) For the purposes of subsection (1)(a) an event or situation threatens

damage to human welfare only if, on a scale which is greater that the normal

risk or incidence thereof, it involves, causes or may cause

(a) loss of human life;

Civil Contingencies

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2007-14

(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

(h) disruption of services relating to health.

(3) For the purposes of subsection (1)(b) an event or situation threatens

damage to the environment only if it involves, causes or may cause

(a) contamination of land, water or air with biological, chemical or

radio-active matter, or

(b) disruption or destruction of plant life or animal life.

(4) The Chief Minister may by order amend subsection (2) so as to provide

that in so far as an event or situation involves or causes disruption of a

specified supply, system, facility or service

(a) it is to be treated as threatening damage to human welfare, or

(b) it is no longer to be treated as threatening damage to human

welfare.

(5) The event or situation mentioned in subsection (1) may occur or be

inside or outside Gibraltar.

Power to make emergency regulations.

11.(1) The Minister may make emergency regulations if he is satisfied that

the conditions in section 12 are satisfied.

(2) Regulations under this section must be prefaced by a statement by the

person making the regulations

(a) specifying the nature of the emergency in respect of which the

regulations are made, and

(b) declaring that the person making the regulations

Civil Contingencies

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(i) is satisfied that the conditions in section 12 are met;

(ii) is satisfied that the regulations contain only provision

which 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;

(iii) is satisfied that the effect of the regulations is in due

proportion to that aspect or effect of the emergency.

Conditions for making emergency regulations.

12.(1) This section specifies the conditions mentioned in section 11.

(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.

(5) For the purpose of subsection (3) provision which is the same as an

enactment (“the existing legislation”) is necessary if, in particular

(a) the existing legislation cannot be relied upon without the risk of

serious delay;

(b) it is not possible without the risk of serious delay to ascertain

whether the existing legislation can be relied upon; or

(c) the existing legislation might be insufficiently effective.

(6) For the purpose of subsection (3) provision which could be made under

an enactment other than section 11 ("the existing legislation") is necessary if,

in particular

(a) the provision cannot be made under the existing legislation

without the risk of serious delay,

(b) it is not possible without the risk of serious delay to ascertain

whether the provision can be made under the existing

legislation, or

Civil Contingencies

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(c) the provision might be insufficiently effective if made under the

existing legislation.

Scope of emergency regulations.

13.(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

(a) protecting human life, health or safety,

(b) treating human illness or injury,

(c) protecting or restoring property,

(d) protecting or restoring a supply of money, food, water, energy

or fuel,

(e) protecting or restoring a system of communication,

(f) protecting or restoring facilities for transport,

(g) protecting or restoring the provision of services relating to

health,

(h) protecting or restoring the activities of banks or other financial

institutions,

(i) preventing, containing or reducing the contamination of land,

water or air,

(j) preventing, reducing or mitigating the effects of disruption or

destruction of plant life or animal life,

(k) protecting or restoring the performance of public functions.

(3) Emergency regulations may make provision

(a) to confer a function on a Minister or on any other specified

person (and a function conferred may, in particular, be

(i) a power, or duty, to exercise a discretion;

Civil Contingencies

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(ii) a power to give directions or orders (whether written or

oral));

(b) provide for, subject to the Constitution, or enable the

requisition or confiscation of property;

(c) provide for, subject to the Constitution, or enable the

destruction of property, animal life or plant life;

(d) prohibit, or enable the prohibition of, movement to or from a

specified place;

(e) require, or enable the requirement of, movement to or from a

specified place;

(f) prohibit, or enable the prohibition of, assemblies of specified

kinds, at specified places or at specified times;

(g) prohibit, or enable the prohibition of, travel at specified times;

(h) prohibit, or enable the prohibition of, other specified activities;

(i) create an offence of

(i) failing to comply with a provision of the regulations;

(ii) failing to comply with a direction or order given or made

under the regulations;

(iii) obstructing a person in the performance of a function

under or by virtue of the regulations;

(j) disapply or modify an enactment or a provision made under or

by virtue of an enactment;

(k) require a person or body to act in performance of a function

(whether the function is conferred by the regulations or

otherwise and whether or not the regulations also make

provision for remuneration or compensation);

(l) confer jurisdiction on a court or tribunal (which may include a

tribunal established by the regulations);

(m) make provision which applies generally or only in specified

circumstances or for a specified purpose;

Civil Contingencies

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(n) make different provision for different circumstances or

purposes.

(4) In subsection (3) “specified” means specified by, or to be specified in

accordance with, the regulations.

Limitations of emergency regulations.

14.(1) Emergency regulations may make provision only if and in so far as

the person making the regulations is satisfied

(a) that the provision 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, and

(b) that the effect of the provision is in due proportion to that

aspect or effect of the emergency.

(2) Emergency regulations may not

(a) create an offence other than one of the kind described in section

13(3)(i),

(b) create an offence other than one which is triable only before a

magistrates’ court,

(c) create an offence which is punishable

(i) with imprisonment for a period exceeding three months,

or

(ii) with a fine exceeding level 5 on the standard scale, or

(d) alter procedure in relation to criminal proceedings.

(3) Emergency regulations may not amend this Part of this Act.

Duration.

15.(1) Emergency regulations shall lapse

(a) at the end of the period of 30 days beginning with the date on

which they are made, or

(b) at such earlier time as may be specified in the regulations.

(2) Subsection (1)

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(a) shall not prevent the making of new regulations, and

(b) shall not affect anything done by virtue of the regulations before

they lapse.

Urgency.

16.(1) This section applies where

(a) there is an urgent need to make provision of a kind that could

be made by regulations under section 11(1); but

(b) there is insufficient time for the regulations to be made.

(2) The Chief Minister may by direction make provision of a kind that

could be made by regulations under section 11(1).

(3) A direction under subsection (2) shall be in writing.

(4) Where the Chief Minister gives a direction under subsection (2)

(a) he may revoke or vary the direction by further direction,

(b) he shall revoke the direction as soon as is reasonably practicable

(and he may, if or in so far as he thinks it desirable, re-enact the

substance of the direction by way of regulations under section

11(1)), and

(c) the direction shall cease to have effect at the end of the period

of 7 days beginning with the day on which it is given (but

without prejudice to the power to give a new direction).

(5) A provision of a direction under subsection (2) shall be treated for all

purposes as if it were a provision of regulations made under section 11(1).

(6) Sections 12, 13 and 14 shall apply when a direction is made under

subsection (2).

PART 4

Civil Contingencies Committee

Establishment of Civil Contingencies Committee.

17.(1) There shall be established a Civil Contingencies Committee (“the

Committee”).

Civil Contingencies

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(2) The Committee shall comprise such members as the Chief Minister

may, by notice in the Gazette, specify.

(3) The Chairman of the Committee shall be the Chief Minister, and in his

absence the Minister with responsibility for Civil Contingencies and in his

absence any person that the latter may designate.

(4) The Committee shall have the staff and resources that the Government

may from time to time provide.

Role and functions of the Committee.

18. The role and function of the Committee shall be as follows:

(a) to advise the Government on any matter relating to civil

contingencies and emergencies of all kinds, to draw up plans to

pre-empt such contingencies and to deal with their

consequences if they should occur;

(b) to co-ordinate the roles and activities of government

departments, agencies, authorities, companies, and other

authorities and persons in response to a civil contingency;

(c) to organise and conduct exercises for the rehearsal and testing

of civil contingency plans;

(d) such other roles and functions as the Minister may designate in

writing.

Appointment of Civil Contingencies Coordinator.

19.(1) The Government may designate a suitably qualified or experienced

person to be the Civil Contingencies Coordinator and to organise and direct

the work and functions of the Committee.

(2) The Government may appoint such other persons as it thinks necessary

or desirable to assist and support the Civil Contingencies Coordinator.

Regulations.

20.(1) The Minister may make such regulations as he thinks fit in relation to

the carrying out by the Committee, the Coordinator or other staff of its or

their roles and functions, the duties and obligations of others in relation to

the Committee and such other matters as he considers necessary to enable

the Committee to function effectively.

Civil Contingencies

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PART 5

European Critical Infrastructures

Interpretation.

21. In this Part−

“critical infrastructure” means an asset, system or part thereof located in

Gibraltar which is essential for the maintenance of vital societal

functions, health, safety, security, economic or social well-being of

people, and the disruption or destruction of which would have a

significant impact in Gibraltar as a result of the failure to maintain

those functions;

“the Directive” means Council Directive 2008/114/EC of 8 December

2008 on the identification and designation of European critical

infrastructures and the assessment of the need to improve their

protection, as the same may be amended from time to time;

“European critical infrastructure” or “ECI” means critical infrastructure

located in Gibraltar the disruption or destruction of which would

have a significant impact in at least Gibraltar and a Member State

and the significance of the impact shall be assessed in terms of

cross-cutting criteria which must include effects resulting from

cross-sector dependencies on other types of infrastructure;

“owners or operators of ECIs” means those entities responsible for

investments in, or day-to-day operation of, a particular asset, system

or part thereof designated as an ECI under this Part;

“protection” means all activities aimed at ensuring the functionality,

continuity and integrity of critical infrastructures in order to deter,

mitigate and neutralise a threat, risk or vulnerability;

“risk analysis” means consideration of relevant threat scenarios in order to

assess the vulnerability and the potential impact of disruption or

destruction of critical infrastructure;

“sensitive critical infrastructure protection related information” means

facts about a critical infrastructure, which if disclosed could be used

to plan and act with a view to causing disruption or destruction of

critical infrastructure installations.

Identification of ECIs.

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22.(1) The Government must, in accordance with the procedure referred to

in section 23, identify potential European Critical Infrastructures in Gibraltar

which−

(a) satisfy the cross-cutting and sectoral criteria set out in

this section ; and

(b) meet the criteria in the definitions of the terms “critical

infrastructure” and “European critical infrastructure” in

section 21.

(2) The cross-cutting criteria referred to in subsection (1) shall comprise

the following−

(a) casualties criterion (assessed in terms of the potential number of

fatalities or injuries);

(b) economic effects criterion (assessed in terms of the significance

of economic loss or degradation of products or services,

including potential environmental effects);

(c) public effects criterion (assessed in terms of the impact on

public confidence, physical suffering and disruption of daily life,

including the loss of essential services).

(3) The cross-cutting criteria thresholds must be based on the severity of

the impact of the disruption or destruction of a particular infrastructure and

the precise thresholds applicable to the cross-cutting criteria shall be

determined on a case-by-case basis by the Government.

(4) The Government shall ensure that the European Commission is

informed on an annual basis of the number of infrastructures per sector for

which discussions were held concerning the cross-cutting criteria thresholds.

(5) The sectoral criteria must–

(a) take into account the characteristics of individual ECI sectors;

and

(b) be classified.

(6) The Government may use such guidelines for−

(a) the application of the cross-cutting and sectoral criteria ; and

(b) approximate thresholds to be used for the purposes of

identifying ECIs,

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as are developed pursuant to Article 3 of the Directive.

(7) The following sectors and subsectors shall be subject to this Part−

(a) the energy sector which is divided into the following

subsectors−

(i) electricity, comprising infrastructures and facilities for

generation and transmission of electricity in respect of

supply of electricity,

(ii) oil, comprising oil production, refining, treatment,

storage and transmission by pipelines,

(iii) gas, comprising gas production, refining, treatment,

storage and transmission by pipelines, and LNG

terminals; and

(b) the transport sector which is divided into the following

subsectors−

(i) road transport,

(ii) air transport,

(iii) ocean and short-sea shipping, and

(iv) ports.

Procedure for the identification of critical infrastructures which may be

designated as an ECI.

23.(1) When identifying the critical infrastructures which may be designated

as an ECI (the “potential ECI”), the Government must follow the procedure

set out in Schedule 2.

(2) A potential ECI which has passed through the procedure set out in

Schedule 2 shall only be communicated to Member States which may be

significantly affected by the potential ECI.

Designation of ECIs.

24.(1) The Government must inform a Member State which may be

significantly affected by a potential ECI about its identity and the reasons for

its designation as a potential ECI.

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(2) Where a potential ECI is located in Gibraltar, the Government must–

(a) engage in discussions with any Member State which may be

significantly affected by the potential ECI; and

(b) designate it as an ECI following an agreement between the

Government and the Member States which may be significantly

affected.

(3) Where a designated ECI is located in Gibraltar, the Government shall

ensure that the European Commission is informed on an annual basis of the

number of designated ECIs per sector and of the number of Member States

dependent on each designated ECI and only the Member State which may be

significantly affected by an ECI shall know its identity.

(4) Where an ECI is located in Gibraltar, the Government shall inform

the owner or operator of the infrastructure that the infrastructure has been

designated as an ECI and such information shall be classified at an

appropriate level.

(5) The process of identifying and designating ECIs under this Part must

be−

(a) completed as soon as possible after the coming into operation

of this Part; and

(b) reviewed on a regular basis.

Operator security plans.

25.(1) The operator security plan (‘OSP’) procedure shall–

(a) identify the critical infrastructure assets of the ECI;

(b) identify the security solutions that exist or are being

implemented for their protection; and

(c) cover, as a minimum, the information set out in section 26.

(2) The Government must assess whether each designated ECI located in

Gibraltar possesses an OSP or has in place equivalent measures addressing

the issues identified in section 26.

(3) If the Government finds that an OSP or equivalent measures exist and

are updated regularly, no further implementation action shall be necessary.

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(4) If the Government finds that an OSP or equivalent measures have not

been prepared, it shall ensure, by any measures it deems appropriate, that the

OSP or equivalent measures are prepared addressing the issues identified in

section 26.

(5) The Government must ensure that the OSP or equivalent measures

are in place and are reviewed regularly within one year following designation

of the critical infrastructure as an ECI.

(6) The period referred to in subsection (5) may be extended in

exceptional circumstances.

(7) The Government shall ensure that the European Commission is

notified of any extension granted pursuant to subsection (6).

(8) Compliance with any measure, including a European Union measure,

which in a particular sector−

(a) requires, or refers to a need to have, a plan similar or equivalent

to an OSP ; and

(b) oversight by the relevant authority of such a plan,

shall be deemed to satisfy all the requirements under this section.

ECI OSP Procedure.

26.(1) The ECI OSP procedure must cover at least the following matters−

(a) the identification of important assets;

(b) the conduct of a risk analysis based on major threat scenarios,

vulnerability of each asset, and potential impact; and

(c) the identification, selection and prioritisation of counter-

measures and procedures with a distinction between−

(i) permanent security measures which identify indispensable

security investments and means which are relevant to be

employed at all times and this heading must include the

further information set out in subsection (2); and

(ii) graduated security measures, which can be activated

according to varying risk and threat levels.

(2) The further information referred to in subsection (1)(c)(i) is

information concerning−

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(a) general measures such as technical measures (including

installation of detection, access control, protection and

prevention means);

(b) organisational measures (including procedures for alerts and

crisis management);

(c) control and verification measures;

(d) communication;

(e) awareness raising and training; and

(f) security of information systems.

Security Liaison Officers.

27.(1) Every designated ECI in Gibraltar must have a Security Liaison

Officer or equivalent who shall act as the point of contact for security related

issues between the owner or operator of the ECI and the Government.

(2) The Government must assess whether each designated ECI located in

Gibraltar possesses a Security Liaison Officer or equivalent.

(3) If the Government finds that a Security Liaison Officer is in place or

an equivalent exists, no further implementation action shall be necessary.

(4) If the Government finds that a Security Liaison Officer or equivalent

does not exist in relation to a designated ECI, it shall ensure, by any

measures it deems appropriate, that such a Security Liaison Officer or

equivalent is designated.

(5) The Government must implement an appropriate communication

mechanism between the Government and the Security Liaison Officer or

equivalent with the objective of exchanging relevant information concerning

identified risks and threats in relation to the ECI concerned and this

communication mechanism shall be without prejudice to the requirements

concerning access to sensitive and classified information.

(6) Compliance with any measure, including a European Union measure,

which in a particular sector requires, or refers to a need to have, a Security

Liaison Officer or equivalent, shall be deemed to satisfy all the requirements

under this section.

Reporting.

Civil Contingencies

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2007-14

28.(1) The Government must conduct a threat assessment in relation to ECI

subsectors within one year following the designation of critical infrastructure

in Gibraltar as an ECI within those subsectors.

(2) The Government shall ensure that every two years a classified report

is sent to the European Commission containing generic data on a summary

basis on the types of risks, threats and vulnerabilities encountered per ECI

sector in which an ECI has been designated under section 24.

Sensitive European critical infrastructure protection-related

information.

29.(1) Any person handling classified information under this Part on behalf

of the Government must have an appropriate level of security vetting.

(2) The Government must ensure that sensitive European critical

infrastructure protection-related information submitted to it is not used for

any purpose other than the protection of critical infrastructures.

(3) This section shall also apply to non-written information exchanged

during meetings at which sensitive subjects are discussed.

European critical infrastructure protection contact points.

30.(1) The Government shall appoint a European critical infrastructure

protection contact point (‘ECIP contact point’).

(2) The ECIP contact point shall coordinate European critical

infrastructure protection issues within Gibraltar and shall have such other

functions as the Government may prescribe.

(3) The appointment of an ECIP contact point does not preclude other

relevant authorities in Gibraltar from being involved in European critical

infrastructure protection issues.

PART 6

Regulations.

31.(1) The Government may make regulations for the implementation of any

European Union measure.

(2) Section 23(b) of the Interpretation and General Clauses Act shall not

apply to any penalty imposed in any regulations made under subsection (1).

Civil Contingencies

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2007-14

SCHEDULE 1

Sections 4, 6, 7, 9

Any airline operating an air service to Gibraltar

Any dispensing chemist or pharmacy

Any government department or statutory authority or agency, and any public

officer or any employee or officer of any such statutory authority or agency

Any operator of a route bus service

Any owner or operator of tour buses

Any person/entity who provides a public electronic communications network

which makes telephone services available (whether for spoken

communication or for the transmission of data)

Any school in Gibraltar

Any shipping company operating a passenger or cargo service to Gibraltar

Any taxi licensee

AquaGib Limited

City Fire Brigade

Customs Department

Gibraltar Broadcasting Corporation

Gibraltar Community Projects Limited

Land Property Services Limited

Royal Gibraltar Post Office

Security and Immigration Limited

St John’s Ambulance

Terminal Management Limited

The Chief Environmental Health Officer

Civil Contingencies

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2007-14

The Director of Public Health

The Environmental Agency Limited

The Gibraltar Bus Company Limited

The Gibraltar Electricity Authority

The Gibraltar Health Authority

The Gibraltar Port Authority

The Port Medical Officer

The Principal Immigration Officer

The Royal Gibraltar Police (save in relation to matters appertaining to

internal security or law enforcement)

Civil Contingencies

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2007-14

SCHEDULE 2

Section 23

In identifying critical infrastructures which may be designated as an ECI,

the Government must apply the following sequential steps−

(1) in Step 1, the sectoral criteria in order to make a first selection of

critical infrastructures within a sector.

(2) in Step 2, the definition of the term critical infrastructure in section

21 to the potential ECI identified under Step 1. The significance of the

impact must be determined either by using Gibraltar’s own methods for

identifying critical infrastructures or with reference to the cross-cutting

criteria, at an appropriate Gibraltar level. For infrastructure providing an

essential service, the availability of alternatives, and the duration of

disruption or recovery must be taken into account;

(3) in Step 3, the transboundary element of the definition of ECI in

section 21 to the potential ECI that has passed the first two steps of this

procedure. A potential ECI which does satisfy the definition must follow the

next step of the procedure. For infrastructure providing an essential service,

the availability of alternatives, and the duration of disruption or recovery

must be taken into account.

(4) in Step 4, the cross-cutting criteria to the remaining potential ECIs

and the cross-cutting criteria must take into account−

(a) the severity of impact;

(b) for infrastructure providing an essential service, the availability

of alternatives; and

(c) the duration of disruption or recovery or both,

A potential ECI which does not satisfy the cross-cutting criteria must not

be considered to be an ECI.