Supplementary Provisions, Article 5Transitional Measures Accompanying the Partial Amendment of the Basic Act on Disaster Management
第五条(災害対策基本法の一部改正に伴う経過措置)
The National Disaster Management Council established in the Cabinet Office pursuant to Article 11, paragraph (1) of the Basic Act on Disaster Management before amendment by Article 8 (hereinafter referred to as the "Former Basic Act on Disaster Management" in this Article) (referred to as the "former National Disaster Management Council" in the following paragraph), the specified disaster management headquarters established in the Cabinet Office pursuant to Article 23-3, paragraph (1) of the Former Basic Act on Disaster Management (referred to as the "former specified disaster management headquarters" in the following paragraph), the extraordinary disaster management headquarters established in the Cabinet Office pursuant to Article 24, paragraph (1) of the Former Basic Act on Disaster Management (referred to as the "former extraordinary disaster management headquarters" in the following paragraph), and the headquarters for emergency disaster control established in the Cabinet Office pursuant to Article 28-2, paragraph (1) of the Former Basic Act on Disaster Management (referred to as the "former headquarters for emergency disaster control" in the following paragraph), which actually exist at the time this Act comes into effect, respectively become the National Disaster Management Council established in the Disaster Management Agency pursuant to Article 11, paragraph (1) of the Basic Act on Disaster Management as amended by Article 8 (hereinafter referred to as the "New Basic Act on Disaster Management" in this Article) (referred to as the "new National Disaster Management Council" in the following paragraph), the specified disaster management headquarters that may be established in the Disaster Management Agency pursuant to Article 23-3, paragraph (1) of the New Basic Act on Disaster Management (referred to as the "new specified disaster management headquarters" in the following paragraph), the extraordinary disaster management headquarters that may be established in the Disaster Management Agency pursuant to Article 24, paragraph (1) of the New Basic Act on Disaster Management (referred to as the "new extraordinary disaster management headquarters" in the following paragraph), and the headquarters for emergency disaster control that may be established in the Disaster Management Agency pursuant to Article 28-2, paragraph (1) of the New Basic Act on Disaster Management (referred to as the "new headquarters for emergency disaster control" in the following paragraph), and are to continue to exist with their identities maintained.
この法律の施行の際現に第八条の規定による改正前の災害対策基本法(以下この条において「旧災害対策基本法」という。)第十一条第一項の規定により内閣府に置かれている中央防災会議(次項において「旧中央防災会議」という。)、旧災害対策基本法第二十三条の三第一項の規定により内閣府に設置されている特定災害対策本部(次項において「旧特定災害対策本部」という。)、旧災害対策基本法第二十四条第一項の規定により内閣府に設置されている非常災害対策本部(次項において「旧非常災害対策本部」という。)及び旧災害対策基本法第二十八条の二第一項の規定により内閣府に設置されている緊急災害対策本部(次項において「旧緊急災害対策本部」という。)は、それぞれ、第八条の規定による改正後の災害対策基本法(以下この条において「新災害対策基本法」という。)第十一条第一項の規定により防災庁に置かれる中央防災会議(次項において「新中央防災会議」という。)、新災害対策基本法第二十三条の三第一項の規定により防災庁に設置することができる特定災害対策本部(次項において「新特定災害対策本部」という。)、新災害対策基本法第二十四条第一項の規定により防災庁に設置することができる非常災害対策本部(次項において「新非常災害対策本部」という。)及び新災害対策基本法第二十八条の二第一項の規定により防災庁に設置することができる緊急災害対策本部(次項において「新緊急災害対策本部」という。)となり、同一性をもって存続するものとする。
A person who, at the time of the enforcement of this Act, is a member (limited to a member appointed under the provisions of Article 12, paragraph (5), item (ii) of the Former Basic Act on Disaster Management) or expert advisor of the former National Disaster Management Council, an assistant chairperson, headquarters member or other official of the former specified disaster management headquarters, a headquarters member or other official of the former extraordinary disaster management headquarters, or a member (limited to a member appointed under the provisions of Article 28-3, paragraph (6), item (iv) of the Former Basic Act on Disaster Management) or other official of the former headquarters for emergency disaster control is deemed to have been appointed, on the day this Act comes into force, under the provisions of Article 12, paragraph (5), item (ii) or paragraph (7), Article 23-4, paragraph (5), each item of Article 25, paragraph (6) and Article 25, paragraph (7), and Article 28-3, paragraph (6), item (iv) and paragraph (7) of the New Basic Act on Disaster Management, as a member or expert advisor of the new National Disaster Management Council, an assistant chairperson, headquarters member or other official of the new specified disaster management headquarters, a headquarters member or other official of the new extraordinary disaster management headquarters, or a member or other official of the new headquarters for emergency disaster control, respectively.
この法律の施行の際現に旧中央防災会議の委員(旧災害対策基本法第十二条第五項第二号の規定により任命された委員に限る。)又は専門委員、旧特定災害対策本部の特定災害対策副本部長、特定災害対策本部員その他の職員、旧非常災害対策本部の非常災害対策本部員その他の職員及び旧緊急災害対策本部の緊急災害対策本部員(旧災害対策基本法第二十八条の三第六項第四号の規定により任命された緊急災害対策本部員に限る。)その他の職員である者は、それぞれ、この法律の施行の日に、新災害対策基本法第十二条第五項第二号又は第七項、第二十三条の四第五項、第二十五条第六項各号及び第七項並びに第二十八条の三第六項第四号及び第七項の規定により、新中央防災会議の委員又は専門委員、新特定災害対策本部の特定災害対策副本部長、特定災害対策本部員その他の職員、新非常災害対策本部の非常災害対策本部員その他の職員及び新緊急災害対策本部の緊急災害対策本部員その他の職員として任命されたものとみなす。
new National Disaster Management Councilmachine translation
「新中央防災会議」
In Article 5 of the supplementary provisions (附則) of Act No. 62 of 2026, the National Disaster Management Council placed in the Disaster Management Agency under Article 11, paragraph (1) of the Basic Act on Disaster Management as amended by Article 8 of that Act, which the council placed in the Cabinet Office (内閣府) becomes, carrying on as the same body.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 5, paragraph (2)
New Basic Act on Disaster Managementmachine translation
「新災害対策基本法」
This Act as amended by Article 8 of Act No. 62 of 2026.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this article
new specified disaster management headquartersmachine translation
「新特定災害対策本部」
In Article 5 of the supplementary provisions (附則) of Act No. 62 of 2026, the specified disaster management headquarters that may be set up in the Disaster Management Agency under Article 23-3, paragraph (1) of the Basic Act on Disaster Management as amended by Article 8 of that Act, which a headquarters set up in the Cabinet Office (内閣府) when that Act comes into effect becomes, carrying on as the same body.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 5, paragraph (2)
new headquarters for emergency disaster controlmachine translation
「新緊急災害対策本部」
In Article 5 of the supplementary provisions (附則) of Act No. 62 of 2026, the headquarters for emergency disaster control that may be set up in the Disaster Management Agency under Article 28-2, paragraph (1) of the Basic Act on Disaster Management as amended by Article 8 of that Act, which a headquarters set up in the Cabinet Office (内閣府) when that Act comes into effect becomes, carrying on as the same body.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 5, paragraph (2)
new extraordinary disaster management headquartersmachine translation
「新非常災害対策本部」
In Article 5 of the supplementary provisions (附則) of Act No. 62 of 2026, the extraordinary disaster management headquarters that may be set up in the Disaster Management Agency under Article 24, paragraph (1) of the Basic Act on Disaster Management as amended by Article 8 of that Act, which a headquarters set up in the Cabinet Office (内閣府) when that Act comes into effect becomes, carrying on as the same body.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 5, paragraph (2)
former National Disaster Management Councilmachine translation
「旧中央防災会議」
In Article 5 of the supplementary provisions (附則) of Act No. 62 of 2026, the National Disaster Management Council placed in the Cabinet Office (内閣府) under Article 11, paragraph (1) of the Basic Act on Disaster Management as it stood before Article 8 of that Act amended it, which carries on as the same body as the council placed in the Disaster Management Agency.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 5, paragraph (2)
Former Basic Act on Disaster Managementmachine translation
「旧災害対策基本法」
This Act as it stood before Article 8 of Act No. 62 of 2026 amended it.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this article
former specified disaster management headquartersmachine translation
「旧特定災害対策本部」
In Article 5 of the supplementary provisions (附則) of Act No. 62 of 2026, a specified disaster management headquarters set up in the Cabinet Office (内閣府) under Article 23-3, paragraph (1) of the Basic Act on Disaster Management as it stood before Article 8 of that Act amended it, which carries on as the same body as the specified disaster management headquarters that may be set up in the Disaster Management Agency.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 5, paragraph (2)
former headquarters for emergency disaster controlmachine translation
「旧緊急災害対策本部」
In Article 5 of the supplementary provisions (附則) of Act No. 62 of 2026, a headquarters for emergency disaster control set up in the Cabinet Office (内閣府) under Article 28-2, paragraph (1) of the Basic Act on Disaster Management as it stood before Article 8 of that Act amended it, which carries on as the same body as the headquarters for emergency disaster control that may be set up in the Disaster Management Agency.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 5, paragraph (2)
former extraordinary disaster management headquartersmachine translation
「旧非常災害対策本部」
In Article 5 of the supplementary provisions (附則) of Act No. 62 of 2026, an extraordinary disaster management headquarters set up in the Cabinet Office (内閣府) under Article 24, paragraph (1) of the Basic Act on Disaster Management as it stood before Article 8 of that Act amended it, which carries on as the same body as the extraordinary disaster management headquarters that may be set up in the Disaster Management Agency.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 5, paragraph (2)
Disaster Management Agency
防災庁
A national government agency placed in the Cabinet (内閣) by the Act for Establishment of the Disaster Management Agency (防災庁設置法, Act No. 61 of 2026) (Article 2). Its tasks are to assist the Cabinet, together with the Cabinet Secretariat (内閣官房), in the Cabinet's work on disaster management (防災) — disaster prevention, emergency response, recovery from a disaster and reconstruction after it — and to see that the government's administrative work on disaster management is done smoothly and quickly, both in line with the basic principles of Article 2-2 of the Basic Act on Disaster Management (Article 3). Its work includes planning and coordinating the government's basic policy and plans for disaster management, setting up and running the disaster management bodies of Chapter II of the Basic Act on Disaster Management, the disaster management plans (防災計画) that Act provides for, and emergency relief for disaster victims; work that concerns nuclear disaster management (原子力防災) alone is not its work but stays with the Cabinet Office (内閣府) (Article 4, paragraphs (1) to (3)). Its head is the Prime Minister (内閣総理大臣), who may issue Disaster Management Agency Orders (防災庁令) on the matters in its charge, to carry out an Act (法律) or a Cabinet Order (政令) or where one of them specially delegates a matter; such an Order can set a penalty, impose a duty or restrict a right only where an Act delegates it (Article 6, paragraph (1), and Article 7, paragraphs (3) and (4)). A Minister for Disaster Management (防災大臣), who is a Minister of State (国務大臣), assists the Prime Minister and directs the Agency's work (Article 8, paragraphs (1) to (3)).
Written by AI using Act for Establishment of the Disaster Management Agency, Arts. 2, 3, 4, 5, 6, 7, 8 and Basic Act on Disaster Management, Art. 2-2 as a reference.