http://www.legislation.gov.uk/asp/2005/2/bodyEmergency Workers (Scotland) Act 2005An Act of the Scottish Parliament to make it an offence to assault or impede persons who provide emergency services; and for connected purposestexttext/xmlenStatute Law Database2017-08-18Expert Participation2013-06-24 11A person who assaults, obstructs or hinders another person acting in a capacity mentioned in subsection (3) below commits an offence.2No 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.3The capacity referred to in subsection (1) above is—athat of a constable;zbthat of a person employed by the 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;bthat 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 the 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; ...cthat 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).dthat of a registered medical practitioner;ethat of a registered nurse; orfthat of a registered midwife21A 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.2No 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—ais acting in that capacity; andbis or might be responding—ito emergency circumstances; oriias if there were emergency circumstances.3The capacity referred to in subsection (1) above is—athat of a prison officer, that is to say—ia 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); oriia prisoner custody officer within the meaning of Chapter II of Part VIII of the Criminal Justice and Public Order Act 1994 (c. 33);bthat of a member of Her Majesty's Coastguard;cthat of a member of the crew of a vessel operated by—ithe Royal National Lifeboat Institution; oriiany 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .gthat 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—ia child protection order (as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1); oriian order under section 55 of that Act of 2011 (emergency order for removal of child),hthat of a mental health officer, that is to say—ia mental health officer within the meaning given by section 32(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13); oriiuntil 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).4For the purposes of this section and section 3 of this Act, a person is responding to emergency circumstances if the person—ais going anywhere for the purpose of dealing with emergency circumstances occurring there; orbis dealing with emergency circumstances or preparing to do so.5For the purposes of this Act, circumstances are “emergency” circumstances if they are present or imminent and—aare causing or are likely to cause—iserious injury to or the serious illness (including mental illness) of a person;iiserious harm to the environment (including the life and health of plants and animals and the fabric of buildings); oriiia worsening of any such injury, illness or harm; orbare likely to cause the death of a person.31A person who assaults, obstructs or hinders another in the circumstances described in subsection (2) below commits an offence.2Those 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.3No offence is committed under subsection (1) above unless the person who assaults, obstructs or hinders knows or ought to know—athat the person being assisted is acting in that capacity;bthat the person being assisted is or might be responding—ito emergency circumstances; oriias if there were emergency circumstances; andcthat the person being assaulted, obstructed or hindered is assisting the person acting in that capacity.41A person may be convicted of the offence under section 1, 2 or 3 of this Act of obstructing or hindering notwithstanding that it is—aeffected by means other than physical means; orbeffected 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.2A person who gives false information with the intention that a person acting in a capacity mentioned in subsection (3) of section 1 of this Act will act upon that information is to be regarded, for the purposes of that section, as hindering the person acting in that capacity.3A person who gives false information with the intention that a person acting in a capacity mentioned in subsection (3) of section 2 of this Act will, while responding to emergency circumstances or instead of doing so, act upon that information is to be regarded, for the purposes of that section, as hindering the person acting in that capacity.4Subsections (2) and (3) above do not prejudice the generality of subsection (1)(a) above.5For the purposes of sections 2 and 3 of this Act, circumstances to which a person is responding are to be taken to be emergency circumstances if the person believes and has reasonable grounds for believing they are or may be emergency circumstances.6Evidence from a single source is sufficient evidence to establish, for the purposes of section 1, 2 or 3 of this Act, whether a person is acting in a capacity referred to in that section.51A person who, in a hospital or on land adjacent to and used wholly or mainly for the purposes of a hospital, assaults, obstructs or hinders a person acting in a capacity mentioned in subsection (3) below or a person assisting such a person commits an offence.2No 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 or, as the case may be, that the person being assisted is acting in that capacity and that the person being assaulted, obstructed or hindered is assisting the person acting in that capacity.3The capacity referred to in subsection (1) above is—athat of a registered medical practitioner;bthat of a registered nurse;cthat of a registered midwife; ordthat 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).4A person may be convicted of the offence under subsection (1) above of obstructing or hindering notwithstanding that it is—aeffected by means other than physical means;beffected 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.5Evidence from a single source is sufficient to establish, for the purposes of subsection (1) above, whether a person is acting in a capacity referred to in subsection (3) above.6A person guilty of an offence under this Act is liable, on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (c. 46) or to both.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7ANothing in this Act affects (or is affected by) section 90(2) of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (assaulting or impeding police).81The Scottish Ministers may by order modify this Act by—aadding a person or description of person to; orbremoving a person or description of person from,section 1(3), 2(3) or 5(3) of this Act and by making such provision connected with that modification as they think fit.2The Scottish Ministers shall not make an order under subsection (1)(a) above unless it appears to them that the person to be added (or, as the case may be, each person of the description to be added) is one whose functions or activities are such that the person is likely, in the course of them, to have to deal with emergency circumstances.3An order under subsection (1) above is to be made by statutory instrument.4No such order shall be made unless a draft of it has been laid before and approved by a resolution of the Scottish Parliament.91This Act may be cited as the Emergency Workers (Scotland) Act 2005.2This Act (except this section) comes into force on such day as the Scottish Ministers may, by order made by statutory instrument, appoint and different days may be so appointed for different purposes.3An order under subsection (2) above may contain such transitional, transitory and saving provision as the Scottish Ministers think appropriate.S. 1 in force at 9.5.2005 by S.S.I. 2005/229, art. 2S. 2 in force at 9.5.2005 by S.S.I. 2005/229, art. 2S. 3 in force at 9.5.2005 by S.S.I. 2005/229, art. 2S. 4 in force at 9.5.2005 by S.S.I. 2005/229, art. 2S. 5 in force at 9.5.2005 by S.S.I. 2005/229, art. 2S. 6 in force at 9.5.2005 by S.S.I. 2005/229, art. 2S. 8 in force at 9.5.2005 by S.S.I. 2005/229, art. 2S.1(3)(zb)(b) substituted (2.8.2005) for s 1.(3)(b) by Fire (Scotland) Act 2005 (asp 5), ss. 38(2), 90 (with s. 77); S.S.I. 2005/392, art. 2(e)Word in s. 6 substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(4)(a), 84(1) (with s. 44(6)); S.S.I. 2007/479, art. 3, Sch.Words in s. 6 substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(4)(b), 84(1) (with s. 44(6)); S.S.I. 2007/479, art. 3, Sch.S. 1(3)(d)-(f) added (1.4.2008) by Emergency Workers (Scotland) Act 2005 (Modification) Order 2008 (S.S.I. 2008/37), arts. 1, 2(b)Word in s. 1(3)(b) omitted (1.4.2008) by virtue of Emergency Workers (Scotland) Act 2005 (Modification) Order 2008 (S.S.I. 2008/37), arts. 1, 2(a)S. 2(3)(d)-(f) omitted (1.4.2008) by virtue of Emergency Workers (Scotland) Act 2005 (Modification) Order 2008 (S.S.I. 2008/37), arts. 1, 3S. 1 applied (with modifications) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 24S. 3 applied (with modifications) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 24S. 4 applied (with modifications) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), arts. 1(2), 24S. 7A substituted for s. 7 (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 25; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)Words in s. 1(3)(zb) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 67(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)Words in s. 1(3)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 67(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)Words in s. 2(3)(g)(i) inserted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 15(a)S. 2(3)(g)(ii) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 15(b)