Page:Emergency Workers (Obstruction) Act 2006.pdf/3

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(f) that of a member of the crew of a vessel operated by—

(i) the Royal National Lifeboat Institution, or

(ii) any other person or organisation operating a vessel for the purpose of providing a rescue service,

or a person who musters the crew of such a vessel or attends to its launch or recovery.

(3) For the purposes of this section and section 2 of this Act, a person is responding to emergency circumstances if the person—

(a) is going anywhere for the purpose of dealing with emergency circumstances occurring there; or

(b) is dealing with emergency circumstances or preparing to do so.

(4) For the purposes of this Act, circumstances are “emergency” circumstances if they are present or imminent and—

(a) are causing or are likely to cause—

(i) serious injury to or the serious illness (including mental illness) of a person;

(ii) serious harm to the environment (including the life and health of plants and animals);

(iii) serious harm to any building or other property; or

(iv) a worsening of any such injury, illness or harm; or

(b) are likely to cause the death of a person.

(5) In subsection (2) above “relevant NHS body” means—

(a) in relation to England and Wales, an NHS foundation trust, National Health Service trust, Special Health Authority, Primary Care Trust or Local Health Board;

(b) in relation to Northern Ireland, a Health and Social Services trust or Health and Social Services Board.

2⁠Obstructing or hindering persons assisting emergency workers

(1) A person who without reasonable excuse obstructs or hinders another in the circumstances described in subsection (2) below commits an offence.

(2) Those circumstances are where the person being obstructed or hindered is assisting another while that other person is, in a capacity mentioned in section 1(2) of this Act, responding to emergency circumstances.

3⁠Provisions supplementary to sections 1 and 2

(1) A person may be convicted of the offence under section 1 or 2 of this Act notwithstanding that it is—

(a) effected by means other than physical means; or

(b) effected by action directed only at any vehicle, vessel, apparatus, equipment or other thing or any animal used or to be used by a person referred to in that section.

(2) For the purposes of sections 1 and 2 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.