Criminal Justice Directorate
Scottish Executive Justice Department Circular JD/2007
Distribution as Annex A
St Andrew's House
Edinburgh EH1 3DG
Telephone: 0131-244 4222
Fax: 0131-244 2623
17 March 2008
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
A copy of the draft Order can be accessed at
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.
Criminal Law and Licensing
Lord Justice General
Lord Justice Clerk
Scottish Courts Service
District Courts Association
District Court Clerks
Community Justice Authorities