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The Emergency Workers (Scotland) Act 2005 (Modification) Order 2008

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2008, ISBN 9780110801810

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 8(4) of the Emergency Workers (Scotland) Act 2005 for approval by resolution of the Scottish Parliament.

CRIMINAL LAW

Made 2008

Coming into force 1st April 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 8(1) of the Emergency Workers (Scotland) Act 2005f1 and all other powers enabling them to do so.

It appears to the Scottish Ministers that registered medical practitioners, registered nurses and registered midwives are descriptions of persons whose functions or activities are such that they are likely, in the course of them, to have to deal with emergency circumstancesf2.

In accordance with section 8(4) of that Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2005 asp 2.

f2

In accordance with section 8(2) of that Act, the Scottish Ministers shall not make an Order in terms of section 8(1)(a) unless satisfied of these matters.

Contents

  1. 1Citation and commencement
  2. 2Modification of the Emergency Workers (Scotland) Act 2005
  3. 3Modification of the Emergency Workers (Scotland) Act 2005
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Emergency Workers (Scotland) Act 2005 (Modification) Order 2008 and shall come into force on 1st April 2008.

2Modification of the Emergency Workers (Scotland) Act 2005

In section 1(3) of the Emergency Workers (Scotland) Act 2005 (assaulting or impeding certain providers of emergency services)–

(a)

at the end of paragraph (b), omit “or”; and

(b)

after paragraph (c), add–

“(d)

that of a registered medical practitioner;

(e)

that of a registered nurse; or

(f)

that of a registered midwife”.

3Modification of the Emergency Workers (Scotland) Act 2005

In section 2(3) of that Act (assaulting or impeding certain emergency workers responding to emergency circumstances) omit paragraphs (d), (e) and (f).

Signature

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2008

Explanatory note

(This note is not part of the Order)

Section 1 of the Emergency Workers (Scotland) Act 2005 (“the Act”) makes it an offence punishable in terms of section 6 of the Act to assault, obstruct or hinder a person acting in any of the capacities specified in section 1(3) of the Act.

Section 2 of the Act makes it an offence punishable in terms of section 6 of the Act to assault, obstruct or hinder a person acting in any of the capacities specified in section 2(3) of the Act but only if that person is responding to emergency circumstances.

This Order modifies the Act by removing registered medical practitioners, registered nurses and registered midwives from the list of persons specified for the purposes of section 2 of the Act and adding them to the list of persons covered by section 1 of the Act. This means that it will be an offence in terms of the Act to assault, obstruct or hinder such a person acting in the course of their employment. Before commencement of this Order it would only be an offence under the Act were that person responding to emergency circumstances (section 2) or in a hospital (section 5).