Armed Forces Act 2006 (c. 52)

Part 3 U.K. Powers of Arrest, Search and Entry

Modifications etc. (not altering text)

C1 Pt. 3 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3

[F1 CHAPTER 3A U.K. Testing for alcohol and drugs [F2 in connection with a suspected offence or accident]

Textual Amendments

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 U.K.

93I Definitions for purposes of Chapter 3A U.K.

(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—

  (a)

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

  (b)

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

  (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—

  (a)

  death;

  (b)

  serious injury to any person;

  (c)

  serious damage to property; or

  (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.]

Textual Amendments

F3 Word in s. 93I inserted (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(7), 19(1); S.I. 2018/876, reg. 2(a)(b)