Explanatory Notes

Fire (Scotland) Act 2005

2005 asp 5

1 April 2005

The Act – Section by Section

Part 2 – Fire and Rescue Services

Chapter 7 – Assaulting or impeding employees and others
Section 38 – Amendment of Emergency Workers (Scotland) Act 2005

60.This section makes it an offence under the Emergency Workers (Scotland) Act 2005 to assault, obstruct or hinder a person acting in the capacity of an employee of a relevant authority or someone providing assistance to them in carrying out functions under sections 9 to 13 (fire fighting, road traffic accidents, other emergencies, emergency directions and other eventualities) or exercising powers under sections 25 (powers of authorised employees in relation to emergencies), 27 (powers to obtain information) and 29 (powers in relation to investigating fires). The penalty for such an offence under the Emergency Workers (Scotland) Act 2005 is, on summary conviction, imprisonment for a period not exceeding 9 months or a fine not exceeding level 5 on the standard scale or both.