2005 asp 2

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2005 asp 2

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 22nd December 2004 and received Royal Assent on 1st February 2005

An Act of the Scottish Parliament to make it an offence to assault or impede persons who provide emergency services; and for connected purposes

(a) that of a constable;

(b) that of a member of a fire brigade maintained in pursuance of the Fire Services Act 1947 (c.41) or a person who, not being a member of such a fire brigade, is paid by a fire authority under section 3(1)(b) of that Act for rendering services and is doing so; or

(c) 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).

(a) is acting in that capacity; and

(b) is or might be responding-

(i) to emergency circumstances; or

(ii) as if there were emergency circumstances.

(a) that of a prison officer, that is to say-

(i) 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); or

(ii) a prisoner custody officer within the meaning of Chapter II of Part VIII of the Criminal Justice and Public Order Act 1994 (c.33);

(b) that of a member of Her Majesty's Coastguard;

(c) that of a member of the crew of a vessel operated by-

(i) the Royal National Lifeboat Institution; or

(ii) any other person or organisation operating a vessel for the purpose of providing a rescue service on a body of water,

or a person who musters the crew of such a vessel or attends to its launch;

(d) that of a registered medical practitioner;

(e) that of a registered nurse;

(f) that of a registered midwife;

(g) that of a social worker, within the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001 (asp 8), while taking action required or permitted by-

(i) a child protection order; or

(ii) an authorisation under section 61 of the Children (Scotland) Act 1995 (c.36) (emergency protection of children where child protection order not available); or

(h) that of a mental health officer, that is to say-

(i) a mental health officer within the meaning given by section 32(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); or

(ii) until 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).

(a) is going anywhere for the purpose of dealing with emergency circumstances occurring there; or

(b) is dealing with emergency circumstances or preparing to do so.

(a) are causing or are likely to cause-

(i) serious injury to or the serious illness (including mental illness) of a person;

(ii) serious harm to the environment (including the life and health of plants and animals and the fabric of buildings); or

(iii) a worsening of any such injury, illness or harm; or

(b) are likely to cause the death of a person.

(a) that the person being assisted is acting in that capacity;

(b) that the person being assisted is or might be responding-

(i) to emergency circumstances; or

(ii) as if there were emergency circumstances; and

(c) that the person being assaulted, obstructed or hindered is assisting the person acting in that capacity.

(a) effected by means other than physical means; or

(b) effected by action directed only at any vehicle, apparatus, equipment or other thing or any animal used or to be used by a person referred to in that section.

(a) that of a registered medical practitioner;

(b) that of a registered nurse;

(c) that of a registered midwife; or

(d) that of a person acting for the Scottish Ambulance Service Board in the 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).

(a) effected by means other than physical means;

(b) effected by action directed only at any vehicle, apparatus, equipment or other thing used or to be used by a person referred to in that subsection.

(a) adding a person or description of person to; or

(b) removing a person or description of person from,