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The Road Traffic (Northern Ireland) Order 1995
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Changes over time for: Section 13
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Changes to legislation:
The Road Traffic (Northern Ireland) Order 1995, Section 13 is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 13:
- art. 13(2) word repealed by 2016 c. 11 (N.I.) s. 2(2) Sch. 2
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Act amended by 1996 c. 25 s.79 Sch.4 para.26
- Act amended by 1996 c. 25 s.79 Sch.4 para.26
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 13A inserted by 2016 c. 11 (N.I.) s. 2(3)
- art. 17(8)(b)(v) and word added by 2008 c. 4 (N.I.) Sch. 2 para. 7(b)
- art. 17D(1B) inserted by 2016 c. 11 (N.I.) s. 5(2)(a)
- art. 17D(2)(aa) substituted for word by 2016 c. 11 (N.I.) s. 5(2)(b)
- art. 17D(2A)(a) substituted for words by 2016 c. 11 (N.I.) s. 5(2)(c)(i)
- art. 17D(2A)(b) inserted by 2016 c. 11 (N.I.) s. 5(2)(c)(ii)
- art. 55(2)(m) inserted by S.I. 2008/1216 (N.I.) art. 54(1)
- art. 110(3A) inserted by 2016 c. 11 (N.I.) s. 22(b)
Interpretation of Articles 14 to 21N.I.
13.—(1) The following provisions apply for the interpretation of Articles 14 to 21.
(2) In those Articles—
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“drug” includes any intoxicant other than alcohol;
“fail” includes refuse;
“hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients;
“the prescribed limit” means, as the case may require—
(a)35 microgrammes of alcohol in 100 millilitres of breath,
(b)80 milligrammes of alcohol in 100 millilitres of blood, or
(c)107 milligrammes of alcohol in 100 millilitres of urine,
or such other proportion as may be prescribed by regulations made by the Department.
[F2“registered health care professional” means a person (other than a medical practitioner) who is one of the following—
(a)a nurse registered on the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 by virtue of qualifications in nursing; or
(b)a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.]
[F2(2A) In paragraph (2) “health care profession” means any profession mentioned in section 60(2) of the Health Act 1999 other than the profession of practising medicine and the profession of nursing.
(2B) An order under paragraph (2) shall be subject to [F3negative resolution].]
(3) [F4A person does not co-operate with a preliminary test [F5or check-point breath test] or provide a specimen of breath for analysis unless his co-operation or the specimen]—
(a)is sufficient to enable the test or the analysis to be carried out, and
(b)is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.
[F2(4) A person provides a specimen of blood if and only if—
(a)he consents to the taking of such a specimen from him intravenously; and
(b)the specimen is so taken from him by a medical practitioner or, if it is taken in a police station, either by a medical practitioner or by a registered health care professional.]
(5) F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Art. 13(2): definition of "preliminary breath test" repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.
F3Words in art. 13(2B) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(3), Sch. 2 para. 14(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F4Words in art. 13(3) substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 10; S.R. 2007/454, art. 2, Sch.
F5Words in art. 13(3) inserted (25.11.2016) by Road Traffic (Amendment) Act (Northern Ireland) 2016 (c. 11), ss. 4(2), 26(1); S.R. 2016/399, art. 2, Sch.
F6Art. 13(5) repealed (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(2), Sch. 8 Pt. I; S.R. 2007/454, art. 2, Sch.
Modifications etc. (not altering text)
C1Art. 13: functions transferred from Secretary of State to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)
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