7 Conditions for taking of samples
1 The taking of samples such as is mentioned in regulation 4(b) is subject to the conditions in paragraph (2).
2 The conditions are that–
(a) the specified person’s consent to the taking of a sample shall be sought for the taking of each sample;
(b) where the specified person refuses to consent, subject to sub paragraph (c), a sample may be taken, if after the re assessment mentioned in regulation 5(b) that person’s responsible medical officer decides that the sample should be taken;
(c) physical force shall not be used in the taking of a sample;
(d) the specified person shall be afforded such a degree of privacy for the purposes of providing the sample as may be compatible with the need to prevent or detect any adulteration or falsification of the sample; and
(e) the sample shall be taken by members of staff authorised by the hospital managers to take such samples.