C1Part 3Powers of Arrest, Search and Entry

Annotations:
Modifications etc. (not altering text)

F1CHAPTER 3ATesting for alcohol and drugs F2in connection with a suspected offence or accident

Annotations:
Amendments (Textual)
F1

Pt. 3 Ch. 3A inserted (8.3.2012 for specified purposes, 1.11.2013 in so far as not already in force) by Armed Forces Act 2011 (c. 18), ss. 11(1), 32(3); S.I. 2012/669, art. 3(c); S.I. 2013/2501, art. 3(b)

F2

Words in Pt. 3 Ch. 3A heading substituted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(1), 19(1); S.I. 2018/876, reg. 2(a)(b)

General provisions relating to testing

93HPatients in medical establishments

1

This section applies in relation to a person who is at a medical establishment as a patient.

2

The person shall not be required to co-operate with a preliminary test or to provide a specimen under section 93E unless the responsible medical professional has been notified of the proposal to impose the requirement.

3

If the responsible medical professional objects on medical grounds the requirement must not be imposed.

4

If the responsible medical professional does not object on medical grounds and the requirement is imposed, the requirement must be for co-operation with a preliminary test administered, or for the provision of a specimen, at the medical establishment.

5

No specimen of blood may be taken from the person under section 93G, and the person may not be required to give permission for a laboratory test of a specimen taken under that section, unless the responsible medical professional—

a

has been notified of the proposal that the specimen be taken or of the proposal to make the requirement; and

b

has not objected on medical grounds.

6

In this section “the responsible medical professional” means—

a

the registered medical practitioner in immediate charge of the person's case; or

b

if there is no such registered medical practitioner, the registered nurse in immediate charge of the person's case.

7

In this section “medical grounds” means—

a

in relation to a requirement to co-operate with a preliminary test or to provide a specimen under section 93E, the ground that the requirement, or compliance with it by the patient, or any warning required by section 93E(9), would be prejudicial to the proper care and treatment of the patient;

b

in relation to the taking of a specimen under section 93G or a requirement to give permission for a laboratory test of a specimen taken under that section, the ground that the taking of the specimen, the requirement, or any warning required by section 93G(5), would be so prejudicial.

93IDefinitions for purposes of Chapter 3A

1

In this Chapter—

  • “approved”, in relation to a device, means approved by the Secretary of State;

  • “drug” includes any intoxicant other than alcohol;

  • “medical establishment” means any facility at which medical or surgical treatment for in- or out-patients is provided;

  • “preliminary test” means—

    1. a

      a preliminary breath test within the meaning of section 93B;

    2. b

      a preliminary impairment test within the meaning of section 93C; or

    3. c

      a preliminary drug test within the meaning of section 93D;

  • “safety-critical duty” means a duty which the commanding officer of the person mentioned in section 93A(1) F3, 93AA(6)(a) or 93E(1) reasonably believes is such that performing the duty with ability impaired by alcohol or drugs would result in a risk of—

    1. a

      death;

    2. b

      serious injury to any person;

    3. c

      serious damage to property; or

    4. d

      serious environmental harm;

  • “service police establishment” means any building or part of a building, any structure, or any room (whether on land or on a ship) which is used by a service policeman for the performance of his duties.

2

In this Chapter any reference to a service policeman includes a Royal Navy coxswain.