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[AS AMENDED IN STANDING COMMITTEE
C] |
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Make
it an offence to obstruct or hinder persons who provide emergency
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services; and for connected
purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Assaulting
or impeding certain emergency workers responding to emergency
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(1) |
A person who without reasonable
excuse obstructs or hinders another while |
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that other person is, in
a capacity mentioned in subsection (2) below, |
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responding to emergency circumstances,
commits an offence. |
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(2) |
The capacity referred to
in subsection (1) above is— |
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(a) |
that of a person employed
by a fire and rescue authority in England and |
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(b) |
in relation to England and
Wales, that of a person (other than a person |
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falling within paragraph (a))
whose duties as an employee or as a |
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servant of the Crown involve— |
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(i) |
extinguishing fires; or |
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(ii) |
protecting life and property
in the event of a fire; |
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(c) |
that of a person employed
by a relevant NHS body in the provision of |
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ambulance services (including
air ambulance services), or of a person |
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providing such services pursuant
to arrangements made by, or at the |
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request of, a relevant NHS
body; |
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(d) |
that of a person providing
services for the transport of organs, blood, |
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equipment or personnel pursuant
to arrangements made by, or at the |
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request of, a relevant NHS
body; |
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(e) |
that of a member of Her Majesty's
Coastguard; |
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(f) |
that of a member of the crew
of a vessel operated by— |
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(i) |
the Royal National Lifeboat
Institution; or |
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(ii) |
any
other person or organisation operating a vessel for the |
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purpose of providing a
rescue service, |
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or a person who musters the
crew of such a vessel or attends to its |
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(3) |
For the purposes of this
section and section 2
of this Act, a person is responding |
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to emergency circumstances
if the person— |
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(a) |
is going anywhere for the
purpose of dealing with emergency |
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circumstances occurring there;
or |
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(b) |
is dealing with emergency
circumstances or preparing to do so. |
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(4) |
For the purposes of this
Act, circumstances are "emergency" circumstances if |
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they are present or imminent
and— |
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(a) |
are causing or are likely
to cause— |
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(i) |
serious injury to or the
serious illness (including mental illness) |
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(ii) |
serious harm to the environment
(including the life and health |
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(iii) |
serious harm to any building
or other property; or |
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(iv) |
a worsening of any such
injury, illness or harm; or |
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(b) |
are likely to cause the death
of a person. |
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(5) |
In subsection (2) above “relevant
NHS body” means— |
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(a) |
in relation to England and
Wales, an NHS foundation trust, National |
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Health Service trust, Special
Health Authority, Primary Care Trust or |
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(b) |
in relation to Northern Ireland,
a Health and Social Services trust or |
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Health and Social Services
Board. |
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2 |
Assaulting
or impeding persons assisting emergency workers |
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(1) |
A person who without reasonable
excuse obstructs or hinders another in the |
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circumstances described in
subsection (2) below commits an offence. |
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(2) |
Those circumstances are
where the person being obstructed or hindered is |
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assisting another while that
other person is, in a capacity mentioned in section |
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1(2)
of this Act, responding to emergency circumstances. |
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3 |
Provisions
supplementary to sections 1
and 2 |
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(1) |
A person may be convicted
of the offence under section 1
or 2
of this Act |
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notwithstanding that it is— |
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(a) |
effected by means other than
physical means; or |
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(b) |
effected by action directed
only at any vehicle, vessel, apparatus, |
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equipment or other thing or
any animal used or to be used by a person |
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referred to in that section. |
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(2) |
For the purposes of sections
1
and 2
of this Act, circumstances to which a |
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person is responding are
to be taken to be emergency circumstances if the |
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person believes and has reasonable
grounds for believing they are or may be |
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A person guilty of an offence
under this Act is liable on summary conviction to |
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a fine not exceeding level
5 on the standard scale. |
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(1) |
The Secretary of State may
by order modify this Act so as to add or remove a |
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person or description of
person to or from section 1(2)
of this Act; and may |
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make such provision connected
with that modification as he thinks fit. |
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(2) |
The Secretary of State shall
not make an order under subsection (1) above |
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unless it appears to him
that the person to be added (or, as the case may be, |
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each person of the description
to be added) is one whose functions or activities |
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are such that the person
is likely, in the course of carrying them out, to have to |
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deal with emergency circumstances. |
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(3) |
Before making an order under
subsection (1) which relates to Wales the |
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Secretary of State must consult
the National Assembly for Wales. |
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(4) |
The Secretary of State may
not make an order under subsection (1) which |
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relates to Northern Ireland
without the consent of any Northern Ireland |
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department with responsibility
for the emergency circumstances to which the |
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persons being added or removed,
or persons of the description being added or |
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(5) |
An order under subsection
(1) above is to be made by statutory instrument. |
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(6) |
No such order shall be made
unless a draft of it has been laid before, and |
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approved by a resolution
of, each House of Parliament. |
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Section 44(3) and (4) of
the Fire and Rescue Services Act 2004
(c. 21) shall cease |
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7 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Emergency Workers (Obstruction) Act 2006. |
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(2) |
This Act (except this section)
comes into force on such day as the Secretary of |
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State may, by order made
by statutory instrument, appoint and different days |
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may be so appointed for different
purposes. |
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(3) |
This Act extends to England
and Wales and Northern Ireland. |
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