Criminal Procedure and Investigations Act 1996

63 Road traffic and transport: provision of specimens

(1) In section 7(3) of the [1988 c. 52.] Road Traffic Act 1988 (provision of blood or urine in course of investigating whether certain road traffic offences have been committed) after paragraph (b) there shall be inserted—

“(bb) a device of the type mentioned in subsection (1)(a) above has been used at the police station but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or”.

(2) In section 31(4) of the [1992 c. 42.] Transport and Works Act 1992 (provision of blood or urine in course of investigating whether certain offences have been committed by persons working on transport systems) the word “or” at the end of paragraph (b) shall be omitted and after that paragraph there shall be inserted—

“(bb) a device of the type mentioned in subsection (1)(a) above has been used at the police station but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or”.

(3) This section applies where it is proposed to make a requirement mentioned in section 7(3) of the 1988 Act or section 31(3) of the 1992 Act after the appointed day.

(4) The reference in subsection (3) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.