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2021_22_Interal Audit_CivilContingencies_FinalReport

Argyll and Bute Council · 23 June 2022
Back to Audit and Scrutiny Committee — 23 June 2022 and its agenda

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Argyll and Bute Council
Internal Audit Report
March 2022
FINAL 
High Medium Low VFM
Number of
Findings
0 2 0 0 
Civil Contingencies
Audit Opinion: Substantial

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Argyll and Bute Council – Internal Audit Report – Civil Contingencies, March 2022 
Contents 
1. Executive Summary ........................................................................................................................ 3
Introduction ........................................................................................................................................ 3
Background ......................................................................................................................................... 3
Scope ................................................................................................................................................... 4
Risks .................................................................................................................................................... 4
Audit Opinion ..................................................................................................................................... 5
Recommendations ............................................................................................................................. 5
2. Objectives and Summary Assessment ........................................................................................... 5
3. Detailed Findings ............................................................................................................................ 6
Appendix 1 – Action Plan ..................................................................................................................... 11
Appendix 2 – Audit Opinion ................................................................................................................. 13 
Contact Details 
Internal Auditor: Mhairi Weldon 
Telephone:  01546 604294 
e-mail:   mhairi.weldon@argyll-bute.gov.uk

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Argyll and Bute Council – Internal Audit Report – Civil Contingencies, March 2022
www.argyll-bute.gov.uk
1. Executive Summary
Introduction
1. As part of the 2021/22 internal audit plan, approved by the Audit & Scrutiny Committee in
March 2021, we have undertaken an audit of Argyll and Bute Council’s (the Council) system of
internal control and governance in relation to Civil Contingencies.
2. The audit was conducted in accordance with the Public Sector Internal Audit Standards (PSIAS)
with our conclusions based on discussions with council officers and the information available at
the time the fieldwork was performed. The findings outlined in this report are only those which
have come to our attention during the course of our normal audit work and are not necessarily
all the issues which may exist. Appendix 1 to this report includes agreed actions to strengthen
internal control however it is the responsibility of management to determine the extent of the
internal control system appropriate to the Council.
3. The contents of this report have been agreed with the appropriate council officers to confirm
factual accuracy and appreciation is due for the cooperation and assistance received from all
officers over the course of the audit.
Background
4. The Council as well as the emergency services, NHS Health Boards the Scottish Environment
Protection agency (SEPA), the Maritime and Coastguard Agency and Integration Joint Boards
have a key role to play in planning for and responding to an emergency and supporting the long-
term recovery following an emergency.  They are “Category 1” responders under the Civil
Contingencies Act 2004 (the Act).
5. Part one of the Act focuses on local arrangements for civil protection, establishing a statutory
framework of roles and responsibilities for local responders.  The Council is subject to seven civil
protection duties under the Act and are required to:
1. Assess the risk of emergencies occurring and use this to inform contingency planning 
2. Put in place emergency plans 
3. Put in place business continuity management arrangements  
4. Put in place arrangements to make information available to the public about civil
protection matters and maintain arrangements to warn, inform and advise the public in
the event of an emergency  
5. Share information with other local responders to enhance co-ordination  
6. Co-operate with other local responders to enhance co-ordination and efficiency  
7. Provide advice and assistance to business and voluntary organisation about business
continuity management  
6. Category 2 responders are defined as gas and electricity companies, rail and air transport
operators, harbour authorities, telecommunications providers, Scottish Water, the Health and
Safety Executive and NHS National Services Scotland.  Category 2 responders have a statutory
duty to co-operate and share information with Category 1 responders in the planning and
response to major emergencies.

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Argyll and Bute Council – Internal Audit Report – Civil Contingencies, March 2022
7. The Act also states that other organisations, such as the voluntary and private sectors, can have
an important role to play in consolidating our overall resilience and contributing to effective
preparation for, response to and recovery from an emergency incident.
8. A civil emergency can be declared by the police or fire service when the situation surrounding
different types of incident escalates to involve large numbers of people or is a major threat to
many properties.  An emergency situation can arise from:
 Severe weather
 Road traffic crashes
 Utility failures (water, power, gas)
 Chemical/Oil spill
 Fires
 Explosions
 Flooding
 Terrorist action or threat
9. The Council works closely with neighbouring local authorities, partner and third sector
organisations to prepare, test and review contingency plans that will reduce the likelihood and
impact of an emergency occurring in the area.
10. Other legislation exists which shares the characteristics and practices of civil contingencies
legislation, in particular:
 The Radiation (Emergency Preparedness and Public Information) Regulations 2019
(REPPIR) 
 Control of Major Accident Hazards Regulations 2015 (COMAH) 
 Major Accident Control regulations (MACR).
Much of the activity required by the Act is relevant to this other legislation and there is no
requirement to duplicate planning and preparation required by both sets of legislation.   
11. There is an increasing recognition that Councils need to draw on resources and abilities of its
communities to help prepare for, respond to and recover from emergencies as effectively as
possible.  This is known as “community resilience”. 
Scope 
12. The scope of the audit was to assess compliance with duties 1, 2, 5 & 6 of the Act and ensure
that work plans take cognisance of other legislation including The Radiation (Emergency
Preparedness and Public Information) Regulations 2019 (REPPIR), Control of Major Accident
Hazards Regulations 2015 (COMAH) and Major Accident Control regulations (MACR) as outlined
in the Terms of Reference agreed with the Head of Legal and Regulatory Support on 17
December 2021. 
Risks
13.  The risks considered throughout the audit were:
 SRR08:  Civil Contingency & Business Continuity arrangements are not effective
 ORR04:  Failure to improve quality of life of and reduce risks to residents and visitors

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Argyll and Bute Council – Internal Audit Report – Civil Contingencies, March 2022
 ORR10:  Failure to ensure that communities and employees are prepared to deal with
major incidents
 Audit Risk 1:  Failure to comply with the requirements of the Civil Contingencies Act
2004 
Audit Opinion
14. We provide an overall audit opinion for all the audits we conduct. This is based on our
judgement on the level of assurance which we can take over the established internal controls,
governance and management of risk as evidenced by our audit work.  Full details of the five
possible categories of audit opinion is provided in Appendix 2 to this report.
15. Our overall audit opinion for this audit is that we can take a substantial level of assurance. 
This means that internal control, governance and the management of risk is sound. However,
there are minor areas of weakness which put some system objectives at risk and specific
elements of residual risk that are slightly above an acceptable level and need to be addressed
within a reasonable timescale.
Recommendations
16. We have highlighted two medium priority recommendations where we believe there is scope to
strengthen the control and governance environment. These are summarised below:
 The Civil Contingencies Unit should be routinely consulted in the process of maintaining
and updating the Council’s Strategic and Operational Risk Registers
 There should be consideration of the Civil Contingencies Unit being delegated with
responsibility for all duties of the Act to manage overall compliance requirements 
17. Full details of the audit findings, recommendations and management responses can be found in
Section 3 of this report and in the action plan at Appendix 1.
2. Objectives and Summary Assessment
18. Exhibit 1 sets out the control objectives identified during the planning phase of the audit and our
assessment against each objective.  
Exhibit 1 – Summary Assessment of Control Objectives 
Control Objective Link to Risk Assessment Summary Conclusion
1 The Council assesses
potential risks of
emergencies
occurring and puts
in place emergency
plans 
All Risks Substantial The West of Scotland Regional
Resilience Partnership (WoS RRP) &
Local Resilience Partnership (LRP) are
appropriately constituted to provide
effective and efficient emergency
response arrangements.  Risks of
emergencies are assessed and
documented at WoS RRP level and by
other competent authorities at LRP and
Council level, however, the Council’s
Strategic and Operational Risk
Registers are not shared with the Civil
Contingencies Unit prior to approval.

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Argyll and Bute Council – Internal Audit Report – Civil Contingencies, March 2022 
Control Objective Link to Risk Assessment Summary Conclusion
Emergency plans have been
collaboratively prepared to cover a
number of emergency scenarios, they
are clear and concise and address
requirements for additional regulations
where relevant.  
2 Council staff are
appropriately
trained and periodic
exercises take place
to test emergency
plans
All Risks High Exercises to test emergency plans take
place annually with appropriate
agencies involved and these were well
attended.  Civil Contingencies officers
are suitably qualified and training is
provided to senior and recovery
managers prior to exercises taking
place.
3 The Council co-
operates with local
responders and
shares information
to enhance co-
ordination and
efficiency
All Risks High Council officers hold office bearer
positions within both the Wos RRP and
LRP providing considerable resource
and time commitment.  There is
evidence of good co-operation,
collaboration and information sharing
between the partner agencies through
attendance and provision of various
updates at meetings and participation
in exercises and de-briefs.  Officers
attending hold suitable positions to
implement actions within their
respective organisations and provide
feedback at meetings.   
19. Further details of our conclusions against each control objective can be found in Section 3 of this
report.  
3. Detailed Findings
The Council assesses potential risks of emergencies occurring and puts in place emergency plans
20. WoS RRP comprises of organisations that are legally required to prepare for, respond to and
recover from any major disruptions and emergencies in the West of Scotland region.  The WoS
RRP works to enhance the safety and resilience of the region and its communities by supporting
and co-ordinating six LRPs across the West.  The Argyll and Bute LRP comprises representatives
from Argyll and Bute Council area and Policing Division L and other national agencies.  The LRP
plan and prepare collaboratively to ensure efficient and effective emergency response
arrangements are in place across Argyll and Bute.
21. WoS RRP risks are identified via collaborative working between its members, they include
different scenarios with specific assumptions and impacts on individuals, general public,
businesses, towns and the general environment.  The impacts and likelihoods of identified risks
occurring are assessed and scored providing an overall assessment of low, medium, high or very
high.

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Argyll and Bute Council – Internal Audit Report – Civil Contingencies, March 2022
22. The results of risk assessments are used to create plans and procedures to help prepare for an
emergency.   Those risks with the highest likelihood and potential to have significant impact are
compiled within a community risk register that is made available to the general public to allow
them to become better prepared and more resilient should an emergency occur.   Incident types
identified include those relating to weather, health and resource issues among others.   
23. The LRP and the Council do not conduct further risk assessments in respect of their emergency
plans as the risks are assessed by the Health and Safety Executive or the Office for Nuclear
Regulation who will provide a hazard assessment and consequence report for the LRP or Council
to prepare the relevant emergency plans.
24. The Council prepares a Strategic Risk Register that is reviewed by the Senior Management Team
6 monthly and Departmental Operational Risk Registers that are reviewed quarterly at
Departmental Management Teams, however, neither of these documents are shared with the
Civil Contingencies Team for input or for review and consideration of inclusion in emergency
planning.  
Action Plan 1
25. Operational risks must be included within the Council’s Critical Activity Recovery Plans (CARPs)
to evidence compliance with the third duty of the Act to maintain business continuity plans. 
CARPs were reviewed in a recent audit of business continuity and are therefore not included
within the scope of this review, however, it is noted that whilst the Civil Contingencies officers
are trained to comply with all duties of the Act, the Council’s business continuity duties are
managed out with the Unit.   
Action Plan 2
26. Emergency plans are prepared by the WoS RRP, LRP and the Council, legislation requires that
these are reviewed every three years to ensure they remain current.  The Councils’ practice has
been to conduct a review of these plans annually due to many organisational and personnel
changes, however it has not been possible to review all plans in the last two years due to other
commitments including responses to COVID-19.  
27. Resilience Direct is a unique digital online private network which enables collaboration between
organisations.  Access to the service is strictly controlled and provides a secure electronic file
storage area for use by category one and two responders to share information during the
preparation, response and recover phases of an event or emergency.  There are 18 documents
retained in the plans area of the Resilience Direct file store for members to access, four of these
are guides prepared by other agencies with the Council providing input via the LRP.  The
remaining 14 documents are plans, nine of which are multi-agency plans and five are the
responsibility of the Council.  All plans have been reviewed within the last three years as
required by the Act.  
28. Four emergency plans and one guide were reviewed and found to comply with Scottish
Government guidance. Contributors and information sources are clearly identified and links to
further information are provided where relevant.  The plans are generic with content clearly
linked to a range of identified risks and include the duties of each organisation along with
ownership of key tasks.  In addition consideration is given to resources and capacity to manage
an emergency at strategic, tactical and operational levels and special consideration is afforded to
vulnerable people and to those affected by emergencies and their close contacts.

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Argyll and Bute Council – Internal Audit Report – Civil Contingencies, March 2022
Communications strategies and arrangements for crisis management are also included as well a
requirement to review performance.
29. In addition to the Civil Contingencies Act, the Council is also required to fulfil duties under other
regulations including:
 The Radiation (Emergency Preparedness and Public Information) Regulations 2019
(REPPIR), 
 Control of Major Accident Hazards Regulations 2015 (COMAH) and 
 Major Accident Control regulations (MACR) 
There is no requirement to duplicate arrangements where the duties are identified in both the
Act and regulations, however there are some additional duties identified including:  
 Determine a Detailed Emergency Planning Zone (DEPZ) and an outline planning zone
(OPZ) at relevant sites where major hazards have been identified
 Prepare an off-site emergency plan that dovetails with the operators plan at the
identified hazard location
 Provide prior information to residents within a DEPZ and make available to those in the
OPZ
 Provide information to the public in event of an emergency
 Determine reference levels in the event of a radiation emergency and prioritise keeping
doses below 100 mSv
These duties have been fulfilled by the Council in accordance with the Act and regulations.
30. The Council is entitled to recover costs incurred in the performance of their duties from
operators of establishments where major hazards have been identified, however, in order to
maintain good partnership working arrangements that provide mutual benefits, it is felt that
charging for such services may not be appropriate.  It is also considered that the potential
income would not be substantial and therefore the cost to administer charges would negate the
benefit.
31. External agencies have contributed to the plans and there is inclusion of the requirement for co-
operation and co-ordination of management at operational, tactical and strategic levels.  The
contribution of voluntary organisations is also considered with the Council acting as their co-
ordinator.  
32. Business recovery is included within the emergency plans with each agency involved being
responsible for their own business continuity.  The Council has a separate Business Continuity
Management Policy.  
Council staff are appropriately trained and periodic exercises take place to test emergency plans
33. The Act and other regulations require that an exercise to test emergency plans must take place
every three years as a minimum.  A programme of testing components may be prepared with a
view to cover all major areas of a plan in the three year period.  With the exception of 2020 due
to the COVID-19 response, the Council and other category one and two responders have
participated in exercises annually.   
34. Civil Contingencies within the Council prepares an annual work plan which details when training
is to take place.   The Council’s Strategic Management Team and recovery managers, have been

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Argyll and Bute Council – Internal Audit Report – Civil Contingencies, March 2022
provided with training, copies of presentations and a teleconference protocol are available on
the Council’s Emergency Planning SharePoint site. The Resilience Direct file store also contains
copies of presentations, checklist, scenario and templates for those who have been provided
with access.  Copies of attendance records are maintained.
35. Civil contingencies officers either hold or are working towards SCQF level 9 Professional
Development Award (PDA) in Resilience Management, this covers the core competencies
framework for Resilience Practitioners/Professionals and is embedded within the officer’s job
descriptions.  To support management, each time an exercise takes place, a programme of
training is customised and delivered prior to the event.  Training needs are also captured on
debrief forms following completion of an exercise and used to inform future training content.
The Council co-operates with local responders and shares information to enhance co-ordination and
efficiency
36. The WoS RRP Resilience Arrangements document sets out the requirement for co-operation and
sharing information in regard to best practice, conduct of exercises and lessons learned.  The
Community Risk Register provides contact details and links to the websites of category one and
two responders, it also describes how information is shared to increase overall resilience of the
region and provide “integrated emergency management”.  All WoS RRP members share
resources and expertise with other responders, and additionally, consortiums are established to
share, operate and maintain equipment. The WoS RRP meets three times per year and is
attended by multiple agencies.  
37. The Terms of Reference for the Argyll and Bute Local Resilience Partnership clearly states the
requirement for sharing information in the objectives.  The LRP strategic level group met ten
times during 2021 in response to COVID and the tactical level group met three times, both
groups were well attended by multiple agencies.  Additional sub-groups are created for specific
topics as and when required.  
38. Information is shared at meetings of both the WoS RRP and the LRP with updates being provided
from each of the partner agencies and by sub-groups formed to progress specific projects. 
Records are maintained of meetings and actions are documented.  These documents are
available for review on the Resilience Direct file store for category one and two responders or
the Council’s SharePoint site for appointed managers, officers and Civil Contingencies.  
39. Sensitive personal information is occasionally required to provide situational awareness, this is
also stored on the Resilience Direct file store and classified as sensitive.  Access to this private
network is strictly controlled and users have further restrictions within the file store to ensure
they can only access information that they require to perform their duties.  
40. The Council receives Freedom of Information (FoI) requests in respect of civil contingencies and
these requests are actioned in accordance with the corporate process. Responses are clear and
concise, do not include sensitive personal information and are provided within the statutory
timeframe allowed.
41. The Council is represented at all meetings of the WoS RRP and the LRP to ensure awareness of
current risk threat levels and any potential for these to escalate to an emergency situation.  The
Civil Contingencies Manager currently chairs the LRP at tactical level and the Chief Executive
chairs the LRP at strategic level with additional Council officers in attendance as required.  The

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Argyll and Bute Council – Internal Audit Report – Civil Contingencies, March 2022
Terms of Reference for the LRP is periodically updated and each time this happens the office
bearers stand down and the positions are offered to other attendees.  
42. Emergency plans clearly set out who the lead responder organisation is, this is usually the Police
with the Council taking over as lead in the recovery phase.  Roles and responsibilities are
detailed throughout plans as well as the need for co-operation and good communications
between the responders.
43. Debriefing records created as a result of exercises that have taken place are shared with partner
agencies, this enables learning from identified good practice, training needs and areas for
improvement.

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Appendix 1 – Action Plan 
No Finding Risk Agreed Action Responsibility / Due Date
Medium
1 Risk Registers 
The Council prepares a Strategic Risk Register and
Operational Risk Registers that are reviewed by senior
management, however, these are not reviewed by the
Civil Contingencies Unit for consideration within the
emergency planning context.
Emergency plans and
risk registers may not
include all identified
risks.
Following the 6 month
review of the SRR by the
SMT and the quarterly
review of the services
ORR’s by DMT they will
be shared with the CCU
for their information
and action where
appropriate.
Governance, Risk and
Safety Manager
Date – 30 September 2022
Medium
2 Civil Contingencies Duties 
Civil Contingencies officers are trained to comply with all
duties of the Act, however, the Council’s business
continuity duties are managed out with the Unit.
The Council may not
fully comply with the
third duty of the act to
maintain business
continuity plans.
A review of Business
Continuity
arrangements across
the Council is to be
progressed during
22/23 and part of that
will be to integrate
Business Continuity
duties within the Civil
Contingencies Unit as
part of their wider
resilience
responsibilities.
Governance, Risk and
Safety Manager
Date - 31 March 2023 
In order to assist management in using our reports a system of grading audit findings has been adopted to allow the significance of findings to be ascertained. 
The definitions of each classification are as follows:

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Argyll and Bute Council – Internal Audit Report – Civil Contingencies, March 2022 
Grading    Definition
High  A major observation on high level controls and other important internal controls or a significant matter relating to the critical success of the
objectives of the system.  The weakness may therefore give rise to loss or error. 
Medium 
Observations on less significant internal controls and/or improvements to the efficiency and effectiveness of controls which will assist in meeting
the objectives of the system.  The weakness is not necessarily substantial however the risk of error would be significantly reduced if corrective
action was taken.  
Low  Minor recommendations to improve the efficiency and effectiveness of controls or an isolated issue subsequently corrected.  The weakness does
not appear to significantly affect the ability of the system to meet its objectives. 
VFM  An observation which does not highlight an issue relating to internal controls but represents a possible opportunity for the council to achieve
better value for money (VFM).

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Appendix 2 – Audit Opinion 
Level of Assurance  Definition 
High 
Internal control, governance and the management of risk are at a high standard. Only marginal elements of residual risk have
been identified with these either being accepted or dealt with. A sound system of control designed to achieve the system
objectives is in place and being applied consistently. 
Substantial 
Internal control, governance and the management of risk is sound. However, there are minor areas of weakness which put some
system objectives at risk and specific elements of residual risk that are slightly above an acceptable level and need to be
addressed within a reasonable timescale. 
Reasonable 
Internal control, governance and the management of risk are broadly reliable. However, whilst not displaying a general trend,
there are areas of concern which have been identified where elements of residual risk or weakness may put some of the system
objectives at risk. 
Limited 
Internal control, governance and the management of risk are displaying a general trend of unacceptable residual risk above an
acceptable level and placing system objectives are at risk. Weakness must be addressed with a reasonable timescale with
management allocating appropriate resources to the issues raised. 
No Assurance 
Internal control, governance and the management of risk is poor. Significant residual risk and/or significant non-compliance with
basic controls exists leaving the system open to error, loss or abuse. Residual risk must be addressed immediately with
management allocating appropriate resources to the issues.