Emergency Workers (Scotland) Act 2005

JurisdictionScotland
Citation2005 asp 2
(1) A person who assaults, obstructs or hinders another person acting in a capacity mentioned in subsection (3) below commits an offence.(2) No offence is committed under subsection (1) above unless the person who assaults, obstructs or hinders knows or ought to know that the person being assaulted, obstructed or hindered is acting in that capacity.that of a constable;that of a person employed by F8the Scottish Fire and Rescue Service while discharging any of the Service's functions under any of sections 9 to 13 (fire-fighting, road traffic accidents, other emergencies, emergency directions and other eventualities) , 25, 27 and 29 (powers of authorised employees in relation to emergencies, obtaining information and investigating fires) of that Act;that of a person providing assistance under arrangements made by virtue of section 35 (assistance other than from relevant authorities) or 36 (arrangements for carrying out of functions by others) of the Fire (Scotland) Act 2005 other than assistance given to F9the Scottish Fire and Rescue Service for the purpose of carrying out any of the functions conferred on the Service by section 8 or 61 of that Act;...that of a person acting for the Scottish Ambulance Service Board in exercise of the function referred to in article 4(1) (a) of the Scottish Ambulance Service Board Order 1999 (S.I. 1999/686) (exercise by the Board of function of providing ambulances and other means of transport for ill and other persons) .that of a registered medical practitioner;that of a registered nurse; orthat of a registered midwife(1) A person who assaults, obstructs or hinders another while that other person is, in a capacity mentioned in subsection (3) below, responding to emergency circumstances, commits an offence.is acting in that capacity; andto emergency circumstances; oras if there were emergency circumstances.a person who holds a post, otherwise than as a medical officer, to which the person has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989 (c. 45) ; ora prisoner custody officer within the meaning of Chapter II of Part VIII of the Criminal Justice and Public Order Act 1994 (c. 33) ;that of a member of Her Majesty's Coastguard;the Royal National Lifeboat Institution; orany other person or organisation operating a vessel for the purpose of providing a rescue service on a body of water,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a child protection order F10(as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1) ; oran order under section 55 of that Act of 2011 (emergency order for removal of child) ,a mental health officer within the meaning given by section 32(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) ; oruntil section 32(1) of that Act (appointment and deemed appointment of mental health officers) comes into force, a mental health officer within the meaning given by section 125 of the Mental Health (Scotland) Act 1984 (c. 36) .is going anywhere for the purpose of dealing with emergency circumstances occurring there; oris dealing with emergency circumstances or preparing to do so.serious injury to or the serious illness (including mental illness) of a person;serious harm to the environment (including the life and health of plants and animals and the fabric of buildings) ; ora worsening of any such injury, illness or harm; orare likely to cause the death of a person.(1) A person who assaults, obstructs or hinders another in the circumstances described in subsection (2) below commits an offence.(2) Those circumstances are where the person being assaulted, obstructed or hindered is assisting another while that other person is, in a capacity mentioned in section 1(3) or 2(3) of this Act, responding to emergency circumstances.that the person being assisted is acting in that capacity;to emergency circumstances; oras if there were emergency circumstances; andthat the person being

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