Page:Emergency Workers (Obstruction) Act 2006.pdf/4

Emergency Workers (Obstruction) Act 2006 (c. 39) 4Penalties

A person guilty of an offence under this Act is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

5Power to modify

(1) The Secretary of State may by order modify this Act so as to add or remove a person or description of person to or from section 1(2) of this Act; and may make such provision connected with that modification as he thinks fit.

(2) The Secretary of State shall not make an order under subsection (1) above unless it appears to him that the person to be added (or, as the case may be, each person of the description to be added) is one whose functions or activities are such that the person is likely, in the course of carrying them out, to have to deal with emergency circumstances.

(3) Before making an order under subsection (1) above which relates to Wales the Secretary of State must consult the National Assembly for Wales.

(4) The Secretary of State may not make an order under subsection (1) above which relates to Northern Ireland without the consent of any Northern Ireland department with responsibility for the emergency circumstances to which the persons being added or removed, or persons of the description being added or removed, respond.

(5) An order under subsection (1) above is to be made by statutory instrument.

(6) No such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

6Repeals

Section 44(3) and (4) of the Fire and Rescue Services Act 2004 (c. 21) shall cease to have effect.

7Short title, commencement and extent

(1) This Act may be cited as the Emergency Workers (Obstruction) Act 2006.

(2) This Act (except this section) comes into force on such day as the Secretary of State may, by order made by statutory instrument, appoint and different days may be so appointed for different purposes.

(3) This Act extends to England and Wales and Northern Ireland. © Crown copyright 2006

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