26For section 63 substitute—
(1)In Article 18(4) of the Road Traffic (Northern Ireland) Order 1995 (provision of blood or urine in course of investigating whether certain road traffic offences have been committed) after sub-paragraph (b) there shall be inserted—
“(bb)a device of the type mentioned in paragraph (1)(a) has been used in the circumstances described in paragraph (2) 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)This section applies where it is proposed to make a requirement mentioned in Article 18(4) of the 1995 Order after the appointed day.
(3)The reference in subsection (2) to the appointed day is to such day as is appointed for the purposes of this section by the Department of the Environment for Northern Ireland by order.
(4)The power of the Department of the Environment for Northern Ireland to make an order under subsection (3) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.”