JD Circular No: JD/2/2008 - The Emergency Workers (Scotland) Act 2005 (Modification) Order 2008

DescriptionA circular announcing the commencement of The Emergency Workers (Scotland) Act 2005 (Modification) Order 2008
ISBN
Official Print Publication Date
Website Publication DateMarch 19, 2008

Criminal Justice Directorate

Scottish Executive Justice Department Circular JD/2007

Distribution as Annex A

St Andrew's House

Regent Road

Edinburgh EH1 3DG

Telephone: 0131-244 4222

Fax: 0131-244 2623

Walter.Drummond-Murray@scotland.gsi.gov.uk

http://www.scotland.gov.uk

17 March 2008

Dear Sir/Madam

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

I am writing to draw your attention to this Order which will be come into force on 1 April 2008. The 2005 Act itself may be accessed at

http://www.opsi.gov.uk/legislation/scotland/acts2005/20050002.htm

A copy of the draft Order can be accessed at

http://www.opsi.gov.uk/legislation/scotland/ssi2008/draft/sdsi_9780110801810_en_1

Section 1 of the Emergency Workers (Scotland) Act 2005 makes it an offence 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 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 to assault, obstruct or hinder such a person at any time they are acting in one of these capacities. 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).

Should you have any queries in relation to any of the above, please feel free to make contact through the details provided at the top of this page.

Yours faithfully

Walter Drummond-Murray

Criminal Law and Licensing

Annex A:

Lord Justice General

Lord Justice Clerk

Sheriffs Principal

Sheriffs Association

Scottish Courts Service

Sheriff Clerks

District Courts Association

District Court Clerks

Chief Constables

Community Justice Authorities

Page updated: Tuesday, March 18, 2008