Emergency Service Misuse (Scotland) Act 2018 1

MODEL
SCOTTISH PARLIAMENT

Emergency Service Misuse (Scotland) Bill

SP Bill 53

(as introduced)

An Act of the Scottish Parliament to make provision about the misuse of emergency services.

1 Misuse of an emergency service

(1) A person who misuses an emergency service commits an offence and is liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
(2) For the purposes of subsection (1), a reference to misuse of an emergency service is to be
read as a reference to—
(a) making a false report of an emergency to an emergency worker;
(b) making use of a communications channel intended for the reporting of an emergency
for any purpose other than reporting an emergency;
(c) communicating threatening material to an emergency worker; or
(d) intentionally causing any misuse falling within paragraphs (a) to (c).
(3) No offence under this section is committed where the misuse is done in good faith.
(4) No offence under this section is committed where the misuse is necessary for or in connection
with the functions or duties of the emergency worker or the detection or prevention of crime.

2 Repeated misuse of an emergency service

A person who commits an offence under section 1 on five or more occasions commits an
offence and is liable on summary conviction to imprisonment for a term not exceeding 6
months or a fine not exceeding level 3 on the standard scale (or both).

3 Payment and destination of fines

(1) The Scottish Ministers may by regulations make provision for the payment of fines under
this Act to a local authority or in connection with the provision of an emergency service.
(2) Regulations under this section—
(a) are subject to the negative procedure, and
(b) may make incidental, supplementary, consequential, or saving provision.

4 “Emergency worker”
(1) For the purposes of this Act, a reference to an emergency worker is a reference to—
2 Emergency Service Misuse (Scotland) Act 2018

(a) a person acting in a capacity mentioned in section 1(3) of the 2005 Act,
(b) a person acting in a capacity mentioned in section 2(3) of the 2005 Act while that
person is responding to emergency circumstances.
(2) In this section, “the 2005 Act” means the Emergency Workers (Scotland) Act 2005.

5 Interpretation of section 1
In section 1—
“communicates” means communicates by any means (other than by means of unrecorded
speech);
“material” means anything that is capable of being read, looked at, watched, or listened
to, either directly or after conversion from data stored in another form.

6 Commencement
This Act comes into force on the day after Royal Assent.

7 Short title
The short title of this Act is the Emergency Service Misuse (Scotland) Act 2018.