Civil Defence Shelter Act 1997

Civil Defence Shelter Act 1997 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act relating to the provision of civil defence shelters for use during a state of emergency and for matters connected therewith. [1 May 1998: Except Parts 4 and 5] PART 1 PRELIMINARY Short title 1.—(1) This Act is the Civil Defence Shelter Act 1997. (2) Parts 4 and 5 do not come into operation except at the time and for the duration and in the manner provided in subsections (3) and (4). (3) Whenever it appears to the Minister that — (a) a Proclamation of Emergency by the President under Article 150 of the Constitution or a declaration of a state of civil defence emergency by the Minister under Part 12 of the Civil Defence Act 1986 is imminent; and (b) it is necessary or expedient to do so for the securing of public safety, the Minister may by order direct that all or any of the provisions of Parts 4 and 5 are to come into operation and the provisions of those Parts specified in the order are to come into operation and remain in operation for such period as may be specified in the order. (4) An order made under subsection (3) is not to be in force for a period exceeding 7 days from the commencement of the order unless it has been made with the approval of the President. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “authorised person” means any person authorised by the Commissioner in writing in accordance with this Act to carry out any duty or exercise any power under this Act or the regulations; “building” means any permanent building or tenement and includes — (a) any structure or erection of whatever kind or nature; and (b) any building to be erected within a stratum shown or specified in any strata subdivision plan submitted for approval under the Land Titles (Strata) Act 1967; “Commissioner” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986; “competent authority” means the competent authority appointed under section 5 of the Planning Act 1998; “flat” means a horizontal stratum of a building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is wholly and principally constructed, adapted or intended to be used as a complete and separate unit for private dwelling, but does not include any part of any building which is constructed, adapted or intended to be used as a hotel, hostel, dormitory or nursing home or for any other prescribed purposes; “Force” has the meaning given by the Civil Defence Act 1986; “house” means a building or any part thereof which is wholly and principally constructed, adapted or intended to be used for private dwelling, but does not include a flat or any building or part thereof which is constructed, adapted or intended to be used as a hotel, hostel, dormitory or nursing home or for any other prescribed purposes; “household shelter” means a shelter in a house or flat for the use, primarily, of the occupants of that house or flat and of persons ordinarily frequenting that house or flat, during a state of emergency; “improvised shelter” means any building or part thereof which has been designated by the Commissioner under section 7 as a shelter for the use of any person needing to take refuge therein during a state of emergency; “new building” means a building — (a) which is constructed on vacant land or in place of a building which has been demolished; and (b) the plans in respect of which are submitted to or lodged with the competent authority under the Planning Act 1998 on or after 1 May 1998; “new flat” means a flat comprised in a new building; “new house” means a house — (a) which is constructed on vacant land or in place of a building which has been demolished; and (b) the plans in respect of which are submitted to or lodged with the competent authority under the Planning Act 1998 on or after 1 May 1998; “non-residential building” means a building which is wholly or principally constructed, adapted or intended to be used for any purpose other than for private dwelling; “occupier” — (a) in relation to any building, means the person in occupation of the building or having the charge, management or control thereof; and (b) in relation to any part of any building different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part, whether on the person’s own account or as agent of another person; “owner” — (a) in relation to any building or part thereof, includes any mortgagee in possession and any person for the time being receiving the rent of the building or part thereof whether on the person’s own account or as agent or trustee or as receiver, or who would receive the rent if the building or part thereof were let to a tenant, and any person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as the owner of the building or part thereof; (b) in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, means the management corporation having control of the building; (c) in relation to the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, means the subsidiary management corporation having control of that limited common property; and (d) in relation to the common property of any building comprising flats sold under Part 4 of the Housing and Development Act 1959, means the Town Council which is liable for the maintenance and management of that common property; “public shelter” means a shelter in any building or part thereof for the use of any person needing to take refuge therein during a state of emergency; “regulations” means regulations made under section 28; “shelter” means any part of any building which has been constructed or adapted in accordance with the specifications as a shelter in which a person may take refuge during a state of emergency, and includes a household shelter, a storey shelter, a public shelter and an improvised shelter; “specifications” — (a) means the specifications, technical codes and standards issued by the Commissioner under section 14; and (b) in relation to any building, house or flat in respect of which the Commissioner has modified the requirements of any of the specifications, means the specifications as so modified; “state of emergency” means the period when there is in force — (a) a Proclamation of Emergency issued by the President under Article 150 of the Constitution; or (b) a declaration of a state of civil defence emergency made by the Minister under Part 12 of the Civil Defence Act 1986; “storey shelter” means a shelter located on any storey of a building which is subdivided into flats for the use, primarily, of the occupants of, and of persons ordinarily frequenting, the flats on that storey of the building. [47/2004] (2) Any household shelter or storey shelter which has been provided in any house, flat or building (as the case may be) before 1 May 1998 with the approval of the Commissioner is deemed to be a household shelter or storey shelter provided under this Act. (3) The public shelters specified in the Schedule and any other public shelter which has been provided in any building before 1 May 1998 with the approval of the Commissioner are deemed to be public shelters provided under this Act.