Explanatory Notes

Armed Forces Act 2006

2006 CHAPTER 52

8 November 2006

Commentary

First Group of Parts – Discipline

Part 13 – Discipline: Miscellaneous and Supplementary
Chapter 1 – Testing for Alcohol and Drugs
Section 305: Testing for drugs

593.Subsection (1) enables a drug testing officer to require a person subject to service law to provide a sample of his urine to test for controlled drugs. This creates a statutory power to underpin the operation of a random drug testing programme under which all members of HM Forces, regardless of rank or rate, are subject to periodic random testing. There is no requirement for a person to be suspected of drug misuse before a urine sample can be demanded.

594.Subsection (2) provides that the power may not be exercised in connection with the investigation of an offence or of an incident giving rise to the power in section 306, nor where the drug testing officer (or his CO) is the CO of the person to be tested.

595.Subsection (3) makes it an offence to fail to comply with a requirement to provide a urine sample under this section.