- (a) in order to comply with a direction under Schedule 3A to the Merchant Shipping Act 1995 (c. 21) (safety directions), or
- (b) by virtue of paragraph 4 of that Schedule (action in lieu of direction),
is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).
(7) In this section—
- “emergency circumstances” means circumstances that are present or imminent and—
- (a) are causing, or are likely to cause, serious harm or a worsening of such harm, or
- (b) are likely to cause the death of a person;
- “medical treatment” includes any treatment or procedure of a medical or similar nature;
- “relevant NHS body” means—
- (a) a Strategic Health Authority, Primary Care Trust, NHS trust, Special Health Authority or NHS foundation trust in England;
- (b) a Local Health Board, NHS trust or Special Health Authority in Wales;
- (c) a Health Board or Special Health Board in Scotland, or the Common Services Agency for the Scottish Health Service;
- (d) a Health and Social Services trust or Health and Social Services Board in Northern Ireland;
- “serious harm” means—
- (a) serious injury to or the serious illness (including mental illness) of a person;
- (b) serious harm to the environment (including the life and health of plants and animals);
- (c) serious harm to any building or other property.
(8) A reference in this section to emergency circumstances includes a reference to circumstances that are believed to be emergency circumstances.
7 Child-protection and probation functions
(1) A duty of care to which this section applies is not a “relevant duty of care” unless it falls within section 2(1)(a), (b) or (d).
(2) This section applies to any duty of care that a local authority or other public authority owes in respect of the exercise by it of functions conferred by or under—
- (a) Parts 4 and 5 of the Children Act 1989 (c. 41),
- (b) Part 2 of the Children (Scotland) Act 1995 (c. 36), or
- (c) Parts 5 and 6 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
(3) This section also applies to any duty of care that a local probation board or other public authority owes in respect of the exercise by it of functions conferred by or under—
- (a) Chapter 1 of Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43),
- (b) section 27 of the Social Work (Scotland) Act 1968 (c. 49), or
- (c) Article 4 of the Probation Board (Northern Ireland) Order 1982 (S.I. 1982/713 (N.I. 10)).
