C1Part 3Powers of Arrest, Search and Entry
F1CHAPTER 3ATesting for alcohol and drugs F2in connection with a suspected offence or accident
Pt. 3 Ch. 3A inserted (8.3.2012 for specified purposes, 1.11.2013 in so far as not already in force) by Armed Forces Act 2011 (c. 18), ss. 11(1), 32(3); S.I. 2012/669, art. 3(c); S.I. 2013/2501, art. 3(b)
Words in Pt. 3 Ch. 3A heading substituted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(1), 19(1); S.I. 2018/876, reg. 2(a)(b)
General provisions relating to testing
93HPatients in medical establishments
1
This section applies in relation to a person who is at a medical establishment as a patient.
2
The person shall not be required to co-operate with a preliminary test or to provide a specimen under section 93E unless the responsible medical professional has been notified of the proposal to impose the requirement.
3
If the responsible medical professional objects on medical grounds the requirement must not be imposed.
4
If the responsible medical professional does not object on medical grounds and the requirement is imposed, the requirement must be for co-operation with a preliminary test administered, or for the provision of a specimen, at the medical establishment.
5
No specimen of blood may be taken from the person under section 93G, and the person may not be required to give permission for a laboratory test of a specimen taken under that section, unless the responsible medical professional—
a
has been notified of the proposal that the specimen be taken or of the proposal to make the requirement; and
b
has not objected on medical grounds.
6
In this section “the responsible medical professional” means—
a
the registered medical practitioner in immediate charge of the person's case; or
b
if there is no such registered medical practitioner, the registered nurse in immediate charge of the person's case.
7
In this section “medical grounds” means—
a
in relation to a requirement to co-operate with a preliminary test or to provide a specimen under section 93E, the ground that the requirement, or compliance with it by the patient, or any warning required by section 93E(9), would be prejudicial to the proper care and treatment of the patient;
b
in relation to the taking of a specimen under section 93G or a requirement to give permission for a laboratory test of a specimen taken under that section, the ground that the taking of the specimen, the requirement, or any warning required by section 93G(5), would be so prejudicial.
Pt. 3 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3