Page:Corporate Manslaughter and Corporate Homicide Act 2007.pdf/8

6 ::(i) functions of police forces, or
 * (ii) functions of the same or a similar nature exercisable by public authorities other than police forces;
 * (b) activities carried on in the exercise of functions of constables employed by a public authority;
 * (c) activities carried on in the exercise of functions exercisable under Chapter 4 of Part 2 of the Serious Organised Crime and Police Act 2005 (c. 15) (protection of witnesses and other persons);
 * (d) activities carried on to enforce any provision contained in or made under the Immigration Acts.

6 Emergencies

(1) Any duty of care owed by an organisation within subsection (2) in respect of the way in which it responds to emergency circumstances is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).

(2) The organisations within this subsection are—
 * (a) a fire and rescue authority in England and Wales;
 * (b) a fire and rescue authority or joint fire and rescue board in Scotland;
 * (c) the Northern Ireland Fire and Rescue Service Board;
 * (d) any other organisation providing a service of responding to emergency circumstances either—
 * (i) in pursuance of arrangements made with an organisation within paragraph (a), (b) or (c), or
 * (ii) (if not in pursuance of such arrangements) otherwise than on a commercial basis;
 * (e) a relevant NHS body;
 * (f) an organisation providing ambulance services in pursuance of arrangements—
 * (i) made by, or at the request of, a relevant NHS body, or
 * (ii) made with the Secretary of State or with the Welsh Ministers;
 * (g) an organisation providing services for the transport of organs, blood, equipment or personnel in pursuance of arrangements of the kind mentioned in paragraph (f);
 * (h) an organisation providing a rescue service;
 * (i) the armed forces.

(3) For the purposes of subsection (1), the way in which an organisation responds to emergency circumstances does not include the way in which— (a) medical treatment is carried out, or (b) decisions within subsection (4) are made.

(4) The decisions within this subsection are decisions as to the carrying out of medical treatment, other than decisions as to the order in which persons are to be given such treatment.

(5) Any duty of care owed in respect of the carrying out, or attempted carrying out, of a rescue operation at sea in emergency circumstances is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).

(6) Any duty of care owed in respect of action taken—