The Road Traffic (Northern Ireland) Order 1995

Interpretation of Articles 14 to 21 N.I.

13.—(1) The following provisions apply for the interpretation of Articles 14 to 21.

(2) In those Articles—

• “preliminary breath test” means a test for the purpose of obtaining, by means of a device of a type approved by the Head of the Department, an indication whether the proportion of alcohol in a person's breath or blood is likely to exceed the prescribed limit;

• “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.

• [F1 “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.]

[F1 (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 annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.]

(3) A person does not provide a specimen of breath for a preliminary breath test or for analysis unless 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.

[F1 (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) A device shall be treated as of a type approved by the Head of the Department for the purpose of obtaining a specimen of breath for a preliminary breath test where a statement that the Head of the Department has approved a device of that type for that purpose is published in the Belfast Gazette.

F1 2005 NI 15