§ Dr. Julian LewisTo ask the Secretary of State for the Home Department (1) what criteria are applied in deciding whether to declare a state of emergency; [156204]
(2) what additional powers a declaration of a state of emergency gives to permit the Government to delay (a) county council elections and (b) a general election. [156206]
§ Mr. Mike O'Brien[holding answer 30 March 2001]The Emergency Powers Act 1920 (as amended in 1964) specifies in Section 1(I) that
If at any time it appears to His Majesty that there have occurred, or are about to occur, events of such nature as to be calculated, by interfering with the supply and distribution of food, water, fuel or light, or with the means of locomotion, to deprive the community, or any substantial portion of the community of the essentials of life, His Majesty may, by proclamation … declare that a State of Emergency exists".Once a State of Emergency has been declared regulations may be made, by Order in Council, to secure that essentials of life, and these may confer or impose powers or duties on a Secretary of State, Government Department, or others, to preserve the peace, secure and regulate the supply and distribution of food, water, fuel, light and other necessities; maintain the means of transit or locomotion, and for any other purposes essential to the public safety and the life of the community.
77WParliament needs to be sitting (or recalled within five days if adjourned or prorogued) as both Houses need to approve any regulations that have been made within seven days, otherwise they lapse. There is no reference in the Emergency Powers Act 1920 to local or general elections.