C1Part 13Discipline: Miscellaneous and Supplementary

Annotations:
Modifications etc. (not altering text)
C1

Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Chapter 1F2Random Drug Testing

Annotations:
Amendments (Textual)
F2

Pt. 13 Ch. 1 heading substituted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 10; S.I. 2013/2501, art. 3(d)

I1I2305F3Random drug testing

1

A drug testing officer may, in order for it to be ascertained whether or to what extent a person subject to service law has or has had drugs in his body, require the person to provide a sample of his urine for analysis.

2

A drug testing officer may not impose a requirement under subsection (1) if—

a

he or his commanding officer is the person's commanding officer; or

b

the sample is sought in connection with an investigation under this Act of an offence F4....

3

A person commits an offence if he fails to comply with a requirement imposed under subsection (1).

4

In this section—

  • “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38); and

  • “drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with regulations made by the Defence Council for the purpose of obtaining samples for analysis for drugs.

5

A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment F1... imposed in respect of the offence must not exceed F5six months.