1Obstructing or hindering certain emergency workers responding to emergency circumstancesE+W+N.I.
(1)A person who without reasonable excuse obstructs or hinders another while that other person is, in a capacity mentioned in subsection (2) below, responding to emergency circumstances, commits an offence.
(2)The capacity referred to in subsection (1) above is—
(a)that of a person employed by a fire and rescue authority in England and Wales;
[F1(aa)that of a Ministry of Defence fire-fighter (as defined in section 16 of the Armed Forces Act 2016);]
(b)in relation to England and Wales, that of a person (other than a person falling within paragraph (a) [F2or (aa)]) whose duties as an employee or as a servant of the Crown involve—
(i)extinguishing fires; or
(ii)protecting life and property in the event of a fire;
(c)that of a person employed by a relevant NHS body in the provision of ambulance services (including air ambulance services), or of a person providing such services pursuant to arrangements made by, or at the request of, a relevant NHS body;
(d)that of a person providing services for the transport of organs, blood, equipment or personnel pursuant to arrangements made by, or at the request of, a relevant NHS body;
(e)that of a member of Her Majesty's Coastguard;
(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,[F3the Secretary of State in the exercise of public health functions, a local authority in the exercise of public health functions, [F4NHS England], [F5an integrated care board,]] an NHS foundation trust, National Health Service trust, Special Health AuthorityF6... or Local Health Board;
(b)in relation to Northern Ireland, a [F7Health and Social Care trust].
[F8(6)In subsection (5)(a) above “public health functions”—
(a)in relation to the Secretary of State, has the same meaning as in section 1H(5)(a) of the National Health Service Act 2006;
(b)in relation to a local authority, has the same meaning as in section 1H(5)(b) of that Act.]
Textual Amendments
F1S. 1(2)(aa) inserted (12.7.2016) by Armed Forces Act 2016 (c. 21), ss. 16(5)(a), 19(3)(b)
F2Words in s. 1(2)(b) inserted (12.7.2016) by Armed Forces Act 2016 (c. 21), ss. 16(5)(b), 19(3)(b)
F3Words in s. 1(5)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 138(a)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 1 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5Words in s. 1(5)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 85; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F6Words in s. 1(5)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 138(a)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7Words in s. 1(5)(b) substituted (N.I.) (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 210; S.R. 2022/102; and substituted (E.W.) (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 22
F8S. 1(6) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 138(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Commencement Information
I1S. 1 in force at 20.2.2007 by S.I. 2007/153, art. 2