C2 Part I Principal Road Safety Provisions

Annotations:
Modifications etc. (not altering text)

Motor vehicles: drink and drugs

C1C311 Interpretation of sections 4 to 10.

1

The following provisions apply for the interpretation of sections F13A to 10 of this Act.

C42

In those sections—

  • F2. . .

  • F9“controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971,

  • “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—

    1. a

      35 microgrammes of alcohol in 100 millilitres of breath,

    2. b

      80 milligrammes of alcohol in 100 millilitres of blood, or

    3. c

      107 milligrammes of alcohol in 100 millilitres of urine,

    or such other proportion as may be prescribed by regulations F8....

  • F3“registered health care professional” means a person (other than a medical practitioner) who is—

    1. a

      a registered nurse; or

    2. 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.

  • F10“specified”, in relation to a controlled drug, has the meaning given by section 5A(8)

F72ZA

Regulations under subsection (2) may be made—

a

by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;

b

by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.

F42A

A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.

2B

An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3

F5A person does not co-operate with a preliminary 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.

F64

A person provides a specimen of blood if and only if—

a

he consents to the taking of such a specimen from him; and

b

the specimen is 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.