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7. Article 35(3) of the Offenders Order (“Article 35(3)”) does not apply in relation to a person, where—
(a)the offence specified in Article 35(3) of which the person is convicted was committed by the person on or after the relevant commencement date,
(b)the proportion of alcohol in the person’s body as regards the offence did not exceed—
(i)34 microgrammes per 100 millilitres of breath,
(ii)79 milligrammes per 100 millilitres of blood, or
(iii)105 milligrammes per 100 millilitres of urine, and
(c)the person’s conviction of any other offence specified in Article 35(3) (or if more than one such offence, each such offence) was before the relevant commencement date.
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