General duty to consider alternatives, etc

65 Duties to consider alternatives, assess benefits and costs, etc

(1)

In achieving the purpose of this Act, before proposing, recommending, or adopting any provisions or regulations in relation to any function described in subsection (2), any person described in that subsection must—

(a)

have regard to—

(i)

the extent, if any, to which the provisions or regulations are necessary to achieve the purpose of this Act; and

(ii)

other means in addition to or in place of the provisions or regulations that, under this Act or any other enactment, may be used in achieving the purpose of this Act, including the provision of information, services, or incentives; and

(iii)

the reasons for and against proposing, recommending, or adopting the proposed provisions or regulations and the principal alternative means available, or of taking no action if this Act does not require otherwise; and

(b)

carry out an evaluation, which the Minister or the Civil Defence Emergency Management Group is satisfied is appropriate to the circumstances, of the likely benefits and costs of the principal alternative means; and

(c)

be satisfied that the provisions or regulations (or any combination of them)—

(i)

are necessary to achieve the purpose of this Act; and

(ii)

are the most appropriate means to achieve that purpose, having regard to their efficiency and effectiveness relative to other means.

(2)

Subsection (1) applies to—

(a)

the Minister, in relation to—

(i)

proposing any national civil defence emergency management plan provisions:

(ii)

recommending the making of regulations for the purpose of this Act that impose requirements on persons other than the Minister, the Director, or Civil Defence Emergency Management Groups (or their employees or agents):

(iii)

recommending the making of an order under section 61:

(b)

a Civil Defence Emergency Management Group, in relation to adopting any civil defence emergency management group plan provisions that impose requirements on persons other than the Group, its member local authorities, or emergency services (or their employees or agents).