This Act may be cited as the Local Authorities’ Emergency Powers Act 1953.

In this Act, unless the context otherwise requires,—

A local authority may at any time (whether during a period of emergency or otherwise) make arrangements for the performance in its district in the event of an emergency of all or any of the following functions, and may during an emergency carry out those functions, namely:

In the exercise of the powers and functions specified in subsection one of this section a local authority may at any time—

A local authority may unite with other local authorities in the exercise of the powers and functions conferred on it by this section.

Any arrangements made by a local authority under this section may be at any time revoked by it or may from time to time be amended or cancelled and new arrangements made in their place.

Any arrangements made or action taken by any local authority before the passing of this Act which would have been valid if this Act had been in force when the arrangements were made or the action was taken are hereby validated and declared to have been lawfully made and taken.

The Chairman of a local authority may at any time, if he considers that an emergency then exists, exercise on behalf of the local authority, in respect of such of the emergency arrangements as have been rendered unavailable or in his opinion are inadequate in the circumstances or are necessary but have not been provided by the local authority, such of the functions and powers conferred on the local authority by section three of this Act until such time as the local authority is able to assume or resume the exercise of those functions and powers.

Where the Chairman is absent from the district of the local authority or is incapacitated or is otherwise unable to exercise the functions and powers conferred on him by subsection one of this section, the Deputy Chairman may exercise those functions and powers until the local authority or the Chairman assumes or resumes the exercise of those functions and powers.

Where both the Chairman and Deputy Chairman are absent from the district of the local authority or are incapacitated or are otherwise unable to exercise the functions and powers conferred on them by this section, any person appointed for the purpose by the local authority may exercise those functions and powers until the local authority or the Chairman or Deputy Chairman assumes or resumes the exercise of those functions and powers.

Where both the Chairman and Deputy Chairman are absent from the district of the local authority or are incapacitated or are otherwise unable to exercise the functions and powers conferred on them by this section and the person appointed by the local authority to exercise those functions and powers is also absent or incapacitated or otherwise unable to exercise those functions and powers or no such person has been appointed, the Clerk of the local authority may exercise those functions and powers until the local authority or the Chairman or Deputy Chairman or the person (if any) so appointed assumes or resumes the exercise of those functions and powers.

A local authority may from time to time raise a special loan under the Local Bodies’ Loans Act 1926 for any of the purposes specified in section three of this Act, by special order and, notwithstanding anything in section nine of that Act, without the prior consent of the ratepayers.

A local authority may out of moneys borrowed under subsection one of this section repay to its general fund or account any sum or sums or any portion of any sum or sums advanced therefrom during the immediately preceding period of twelve months and applied during an emergency towards any of the purposes specified in section three of this Act:

Provided that no such repayment may be made unless before the advance was made the Minister of Internal Affairs notified the local authority that in his opinion an emergency then existed.

In addition to any other powers conferred by this section and notwithstanding anything to the contrary in the Local Bodies’ Finance Act 1921–22, a local authority, with the consent of the Minister of Finance and upon and subject to such conditions as that Minister thinks fit, may from time to time during an emergency borrow moneys from its bankers by way of overdraft in excess of the limits imposed by section three of that Act for the purpose of meeting the cost of carrying out during the emergency any of the functions and powers specified in section three of this Act.

Where the Minister considers that an emergency or an imminent threat of an emergency exists and that, having regard to all the circumstances, it is expedient so to do, he may by notice in writing direct any local authority or person to exercise any of the functions and powers conferred by this Act on that local authority or person or to cease to exercise any of those functions and powers which the local authority or person is exercising, and in either case to comply with all directions given by the Minister in that behalf.

Where the Minister is satisfied that any preparations to meet an emergency or any activities in an emergency which are being carried out otherwise than under this Act should be carried out only under the provisions of this Act, he may by notice in writing direct the local authority or person engaged in those preparations or activities to discontinue them.

Any direction by the Minister under this section shall be deemed to be sufficiently authenticated if it is signed or purports to be signed by the Minister or by any person on behalf of or by direction of the Minister.

Every person commits an offence who without lawful excuse acts in contravention of or fails to comply with any direction under this section, and is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding fifty pounds and, where the offence is a continuing one, to a further fine not exceeding five pounds for every day during which the offence continues.