Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

SCHEDULES

SCHEDULE 1 U.K. Terrorism prevention and investigation measures

Part 1 U.K. Measures

[F1 Drug testing measure U.K.

Textual Amendments

F1 Sch. 1 para. 10ZB and cross-heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 39(1), 50(2)(s)

10ZB (1) The Secretary of State may impose a requirement for the individual— U.K.

(a) to—

(i) attend such a testing place, at such times, and

(ii) provide an authorised person at the testing place with such a permitted sample,

as the Secretary of State may by notice require for the purpose of ascertaining whether the individual has any specified Class A drug or specified Class B drug in their body, and

(b) to comply with any directions given by an authorised person in relation to the provision of the permitted sample.

(2) In this paragraph—

• “authorised person” means—

  (a)

  a constable, or

  (b)

  a person prescribed, or of a description prescribed, by regulations made by the Secretary of State;

• “permitted sample” means—

  (a)

  a sample of hair other than pubic hair;

  (b)

  a sample taken from a nail or from under a nail;

  (c)

  a sample of urine;

  (d)

  saliva;

  (e)

  a swab taken from any part of a person's body except a person's genitals (including pubic hair) or a person's body orifice other than the mouth;

  (f)

  a skin impression;

• “specified Class A drug” and “specified Class B drug” have the same meanings as in Part 3 of the Criminal Justice and Court Services Act 2000 (see section 70 of that Act);

• “testing place” means—

  (a)

  a police station, or

  (b)

  a place prescribed, or of a description prescribed, by regulations made by the Secretary of State.

(3) Regulations under sub-paragraph (2) are to be made by statutory instrument.

(4) Regulations under sub-paragraph (2) may make—

(a) different provision for different purposes or different areas;

(b) incidental, supplemental, consequential, saving or transitional provision.

(5) A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.]