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Section 56

SCHEDULE 22E+W+S+N.I.Drugs and driving: minor and consequential amendments

This schedule has no associated Explanatory Notes

Road Traffic Act 1988 (c. 52)E+W+S+N.I.

1The Road Traffic Act 1988 is amended as follows.

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Commencement Information

I1Sch. 22 para. 1 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I2Sch. 22 para. 1 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

I3Sch. 22 para. 1 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

2(1)Section 3A (causing death by careless driving when under influence of drink or drugs) is amended as follows.E+W+S+N.I.

(2)In subsection (1), after paragraph (b) insert—

(ba)he has in his body a specified controlled drug and the proportion of it in his blood or urine at that time exceeds the specified limit for that drug, or.

(3)In subsection (3), after “(1)(b)” insert “ , (ba) ”.

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Commencement Information

I4Sch. 22 para. 2 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I5Sch. 22 para. 2 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

I6Sch. 22 para. 2 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

3(1)Section 6C (preliminary drug test) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(b), for “in his body.” substitute in his body and if so—

(i)whether it is a specified controlled drug;

(ii)if it is, whether the proportion of it in the person's blood or urine is likely to exceed the specified limit for that drug.

(3)After subsection (2) insert—

(3)Up to three preliminary drug tests may be administered.

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Commencement Information

I7Sch. 22 para. 3 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I8Sch. 22 para. 3 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

I9Sch. 22 para. 3 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

4In section 6D (arrest), in subsection (1), for the words after “preliminary breath test” substitute or preliminary drug test the constable reasonably suspects that—

(a)the proportion of alcohol in the person's breath or blood exceeds the prescribed limit, or

(b)the person has a specified controlled drug in his body and the proportion of it in the person's blood or urine exceeds the specified limit for that drug.

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Commencement Information

I10Sch. 22 para. 4 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I11Sch. 22 para. 4 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

I12Sch. 22 para. 4 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

5(1)Section 7 (provision of specimens for analysis) is amended as follows.E+W+S+N.I.

(2)After subsection (1) insert—

(1A)In the course of an investigation into whether a person has committed an offence under section 5A of this Act a constable may, subject to subsections (3) to (7) of this section and section 9 of this Act, require the person to provide a specimen of blood or urine for a laboratory test.

(3)In subsection (3)(c), for “or 4” substitute “ , 4 or 5A ”.

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Commencement Information

I13Sch. 22 para. 5 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I14Sch. 22 para. 5 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

I15Sch. 22 para. 5 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

6(1)Section 10 (detention of persons affected by alcohol or a drug) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “or 5” substitute “ , 5 or 5A ”.

(3)In subsection (2), for the words from “whilst his ability” to the end substitute whilst—

(a)the person's ability to drive properly is impaired,

(b)the proportion of alcohol in the person's breath, blood or urine exceeds the prescribed limit, or

(c)the proportion of a specified controlled drug in the person's blood or urine exceeds the specified limit for that drug.

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Commencement Information

I16Sch. 22 para. 6 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I17Sch. 22 para. 6 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

I18Sch. 22 para. 6 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

7In section 192 (general interpretation of Act), in the definition of “prescribed” in subsection (1), before “means” insert “ (except in section 5A) ”.

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Commencement Information

I19Sch. 22 para. 7 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I20Sch. 22 para. 7 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

I21Sch. 22 para. 7 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1Sch. 22 para. 8 omitted (10.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 15; S.I. 2015/994, art. 4

Road Traffic Offenders Act 1988 (c. 53)E+W+S+N.I.

9The Road Traffic Offenders Act 1988 is amended as follows.

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Commencement Information

I22Sch. 22 para. 9 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I23Sch. 22 para. 9 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

I24Sch. 22 para. 9 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

10(1)Section 15 (use of specimens in proceedings for an offence under section 3A, 4 or 5 of the Road Traffic Act) is amended as follows.E+W+S+N.I.

(2)In the sidenote, for “section 4 or 5” substitute “ any of sections 3A to 5A ”.

(3)In subsection (1), for “section 3A, 4 or 5” substitute “ any of sections 3A to 5A ”.

(4)In subsection (2), for the words from “and, subject to” to the end substitute and—

(a)it is to be assumed, subject to subsection (3) below, that the proportion of alcohol in the accused's breath, blood or urine at the time of the alleged offence was not less than in the specimen;

(b)it is to be assumed, subject to subsection (3A) below, that the proportion of a drug in the accused's blood or urine at the time of the alleged offence was not less than in the specimen.

(5)In subsection (3), for “That assumption” substitute “ The assumption in subsection (2)(a) above ”.

(6)After subsection (3) insert—

(3A)The assumption in subsection (2)(b) above is not to be made if the accused proves—

(a)that he took the drug before he provided the specimen or had the specimen taken from him and—

(i)in relation to an offence under section 3A, after the time of the alleged offence, and

(ii)otherwise, after he had ceased to drive, attempt to drive or be in charge of a vehicle on a road or other public place, and

(b)that had he not done so the proportion of the drug in his blood or urine—

(i)in the case of a specified controlled drug, would not have exceeded the specified limit for that drug, and

(ii)if it is alleged that he was unfit to drive through drugs, would not have been such as to impair his ability to drive properly.

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Commencement Information

I25Sch. 22 para. 10 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I26Sch. 22 para. 10 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

I27Sch. 22 para. 10 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

11(1)Section 24 (alternative verdicts: general) is amended as follows.E+W+S+N.I.

(2)In the table in subsection (1), after the entry relating to section 5(1)(a) of the Road Traffic Act 1988 insert—

Section 5A(1)(a) and (2) (driving or attempting to drive with concentration of specified controlled drug above specified limit)Section 5A(1)(b) and (2) (being in charge of a vehicle with concentration of specified controlled drug above specified limit).

(3)In subsection (3), for “or 5(1)(a)” substitute “ , 5(1)(a) or 5A(1)(a) and (2) ”.

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Commencement Information

I28Sch. 22 para. 11 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I29Sch. 22 para. 11 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

I30Sch. 22 para. 11 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

12In section 34 (disqualification for certain offences), in subsection (3), after paragraph (b) insert—

(ba)section 5A(1)(a) and (2) (driving or attempting to drive with concentration of specified controlled drug above specified limit),.

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Commencement Information

I31Sch. 22 para. 12 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I32Sch. 22 para. 12 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

I33Sch. 22 para. 12 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

13In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply), in the table, after the entry beginning “RTA section 5” insert—

RTA section 5ADriving or attempting to drive, or being in charge of a motor vehicle, with concentration of specified controlled drug above specified limit.Sections 11 and 12(1) of this Act.
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Commencement Information

I34Sch. 22 para. 13 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I35Sch. 22 para. 13 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

I36Sch. 22 para. 13 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F2Sch. 22 para. 14 omitted (10.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 15; S.I. 2015/994, art. 4

Football Spectators Act 1989 (c. 37)E+W+S+N.I.

15In Schedule 1 to the Football Spectators Act 1989 (relevant offences for purposes of making banning order), in paragraph 1(l)—

(a)for “or 5” substitute “ , 5 or 5A ”;

(b)after “limit” insert “ or with a concentration of a specified controlled drug above the specified limit ”.

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Commencement Information

I37Sch. 22 para. 15 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I38Sch. 22 para. 15 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

I39Sch. 22 para. 15 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

Crime (International Co-operation) Act 2003 (c. 32)E+W+S+N.I.

16In Schedule 3 to the Crime (International Co-operation) Act 2003 (offences notifiable to authority of member State where offender normally resident), in Part 1 (offences where no minimum period of disqualification necessary), after paragraph (f) of paragraph 3 insert—

(fa)section 5A (driving, or being in charge, of a motor vehicle with concentration of specified controlled drug above specified limit),.

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Commencement Information

I40Sch. 22 para. 16 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I41Sch. 22 para. 16 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

I42Sch. 22 para. 16 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

Armed Forces Act 2006 (c. 52)E+W+S+N.I.

17In Schedule 1 to the Armed Forces Act 2006 (criminal conduct offences that may be dealt with at a summary hearing), in Part 1 (offences that may be dealt with without permission), after paragraph 9 insert—

9AAn offence under section 5A of that Act (driving a vehicle with concentration of specified controlled drug above specified limit).

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Commencement Information

I43Sch. 22 para. 17 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I44Sch. 22 para. 17 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

I45Sch. 22 para. 17 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

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