Terms of Agreement and Protocols between the County Council (occ)



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ANNEX 1
Terms of Agreement and Protocols between the County Council (OCC)

and District Councils (DCs) for Emergency Planning under the

Civil Contingencies Act 2004 and the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005
Agreement between the Local Authorities for Oxfordshire

Background




  1. The parties wish to enter into contractually binding protocols to facilitate cooperation between the local authorities of Oxfordshire in meeting their obligations under the Civil Contingencies Act (“CCA”) and the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 (“the Regulations”) (each as modified or re-enacted from time to time), and to outline the areas where responsibilities will rest in most cases.

2. Under the CCA, certain persons or bodies have been designated as Category 1 responders. These include local authorities such as OCC and the DCs, those providing emergency services such as chief officers of police, fire and rescue authorities, health bodies and their provision of ambulance services, hospital and accommodation services in relation to accidents and emergencies, port health authorities, the Environment Agency and the Secretary of State so far as his functions extend to responding to maritime and coastal emergencies.


3. Section 2 of the CCA in particular sets out the duties of such persons or bodies including the key areas of:

risk assessment

emergency planning;

business continuity;

warning & informing the public;

co-operation;

sharing information;

business continuity promotion.


and particular stress is placed on co-operative response, information sharing, the production of joint risk assessments, maintenance of plans, communicating with the public and providing advice and assistance on issues of business continuity management to business and the voluntary organisations.
4. The Regulations require Category 1 responders to cooperate with each other (Regulation 4), provide that protocols may be agreed to facilitate cooperation (Regulation 7) and for the joint discharge of functions (Regulation 8). They also contain provisions for the identification of Category 1 responders with lead responsibilities (Regulation 9) and set out the duties of Category 1 responders with lead responsibility and Category 1 responders which do not have lead responsibility (Regulations 10 and 11 respectively).
5. Responding to emergencies is now recognised as a corporate responsibility and as such, the joint plans and procedures of OCC and the DCs will be subject to monitoring within the Comprehensive Performance Assessment process.
Agreement
6. The parties have therefore agreed to enter into these protocols as set out below for a period of three years from [ ] subject to review as mentioned in clause 15.
Emergency Response
7. The OCC emergency plan, supported by the DC plans, is the principal information document for any countywide response to a major incident or emergency. As the plans have evolved, they have been closely aligned to enable the DCs to respond independently in the first instance and call on OCC support as required. Equally, in the event of a major incident, the OCC emergency plan would be implemented with support from the DCs to ensure the full coverage of functions. Jointly, the OCC and DCC plans provide the enabling mechanism for a co-operative multi-agency response to emergencies and major incidents countywide.
Training and Exercises
8. The OCC emergency planning unit through the training and work programme, sponsors the necessary exercises and training events. Additionally, the practical exercises, which are undertaken, provide the opportunity to prove the plans and test the effectiveness of the collaborative response with professional partners including OCC and the DCs.

9. The following structures, functions and resources are in place within Oxfordshire in accordance with the requirements of the CCA:



Operational Command Structures.


Function

Responsibility

Remarks


Senior Co-ordinating Centre (SCC)

OCC

DC representation as appropriate to the incident

Gold Response

OCC

Ditto

Recovery Working Group at SCC

OCC

Ditto

Local Recovery Working Group

OCC/DCs




Silver Response

DCs/OCC

OCC support to DCs as necessary

Bronze Response

DCs/OCC

OCC support for functions not available at DC level


Administrative Structures





Function

Responsibility
Remarks

Thames Valley Local Resilience Forum (TVLRF)

OCC

OCC Emergency Planning Officer supported by DC Emergency Planning Officers as required

Oxfordshire Strategic Resilience Forum (OSRF)

OCC/DCs

Normally single DC representation

Oxfordshire Tactical Resilience Forum (OTRF)

OCC/DCs

Full DC representation



Plans

DC Plans





Plan / Function

Responsibility
Remarks

Cherwell Emergency Plan

Cherwell District Council

DC responsibility to ensure interface with OCC plan with exchange of information at OTRF

South Oxon. Emergency Plan

South Oxfordshire District Council

Ditto

Oxford City Emergency Plan

Oxford City Council

Ditto

Vale of White Horse Emergency Plan

Vale of White Horse District Council

Ditto

West Oxon. Emergency Plan

West Oxfordshire District Council

Ditto

OCC Plans and Associated Plans

10. Within this group there are some areas of joint or collaborative responsibility, which are indicated in the remarks column.




Plan / Function

Responsibility
Remarks

OCC Emergency Plan

OCC




EOC* Standard Operating Procedures (SOPs)

Ditto

* Emergency Operations Centre

OCC Contact Officer Management

Ditto




COMAH (Plans Control of major Accident Hazards)

Ditto




Temporary Mortuary Plans

Ditto




Harwell Off-Site Plan

Ditto

Involvement from Vale of White Horse & South Oxfordshire DCs as required

Major Incident Media Plan

Ditto

Involvement from DCs as required

Pipeline Plan

Ditto

Ditto

Rest Centre Plan

Ditto

Ditto

EPU Business Continuity Plan

Ditto




Filofax Aide-memoire

Ditto




Winter & Other Emergencies Plan

Ditto




Control of Anthrax Plan

Ditto

Ditto

Control of Rabies Action Plan

Ditto

Ditto

CBRN Plan( Chemical, Biological, Radiological & Nuclear

Ditto

Ditto

Operation Sassoon

Ditto

Ditto

Fuel Plan

Ditto

Ditto

Departmental Business Continuity Plans

OCC / DCs

Responsibility rests with OCC and individual DCs for preparation and maintenance of BCM plans

Emergency Plan for Educational Establishments

OCC





Support Functions and Resources





Function / Resource

Responsibility
Remarks

Oxford United Safety Advisory Group

OCC

Support comes from Oxford City Council and Emergency Services

Oxford United Safety Certificate

Ditto




Oxford City Safety Advisory Group

Oxford City Council

OCC Representation

Cherwell /West Safety Advisory Group

DCs




South /Vale Safety Advisory Group

DCs




Emergency Planning Training programme

OCC

Prepared in consultation with DCs

Emergency Help-line

Ditto




Interpretation Services

Ditto




City Alert Text Message System (CATS)

Ditto




Public Warning Sirens

Ditto




Emergency Clothing Contract

Ditto




Temporary Mortuary Contract

Ditto




Environmental Cleanup Contract

Ditto




Forward Control Vehicles

Ditto



Transport Resource Plan


Ditto




County Risk Assessment

Ditto

Prepared by OCC with input from DCs


Business Continuity Management (BCM)
11. The responsibility for the preparation of BCM plans covering internal business functions rests with the respective local authorities.
12. The OCC supported by the DCs, as required by the CCA, carries out the promotion of BCM within local business and industry.

Warning & Informing the Public

13. Public information leaflets are produced through consultation between OCC and DCs and their logos are incorporated to indicate joint ownership. OCC provides warning sirens for use throughout Oxfordshire.



Risk Assessment

14. OCC will maintain the county risk assessment with input from the DCs. This work forms part of the Thames Valley Risk Register, for which a working group has been set up.


Review

15. As part of the Oxfordshire Tactical Resilience Forum( TRF), the parties’ emergency planning officers will meet at least every 12 months to review the protocols agreed herein at which meetings each party shall attend or be effectively represented. The first of such meetings shall take place in December 2005.


Risk and Costs
16.1 The parties shall cooperate with each other in connection with their duties under the CCA particularly Section 2 thereof as required by Regulation 4.
16.2 The parties shall cooperate fully with whichever of them from time to time is carrying out the role of Category 1 responder with lead responsibility (as identified under Regulation 9) and shall in particular comply with their obligations set out in Regulation 11. The parties shall jointly and severally indemnify whichever of them from time to time is carrying out such role for any losses damages claims or liabilities it suffers in doing so provided that it has carried out that role in accordance with its obligations under Regulation 10.
16.3 The parties agree that they shall bear their own costs or expenses incurred in relation to the matters dealt with under this Agreement save where they agree to share the costs or expenses of joint agreement project leaflets or similar documentation.
Information
17. OCC and the DCs shall (while acknowledging their respective obligations under the Data Protection Act 1998 and the Freedom of Information Act 2000) (each as modified or re-enacted from time to time) comply in particular with Part 8 of the Regulations regarding the use of sensitive information.
Dispute Resolution
18. In the event of any dispute or difference under this Agreement between all or any of the parties those concerned shall endeavour to settle amicably such dispute or difference failing which it shall be referred to their Chief Executive Officers who shall meet in order to resolve the dispute or difference. If any such meeting fails to result in a settlement the matter at the election of any party concerned may be submitted for resolution to a court of competent jurisdiction.
Contracts (Rights of Third Parties) Act 1999
19. The provisions of the Contracts (Rights of Third Parties) Act 1999 (as modified or re-enacted from time to time) shall not apply to any provision of this Agreement.



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