Alcohol and drugs

Commanding officer's power to require preliminary alcohol and drugs tests
2
1
In the heading of Chapter 3A of Part 3 of AFA 2006 (testing for alcohol and drugs on suspicion of offence), for “on suspicion of offence” substitute “ in connection with a suspected offence or accident ”.
2
In section 93A of AFA 2006 (commanding officer's power to require preliminary tests)—
a
before subsection (1) insert—
A1
This section applies in the situations described in subsections (1) to (3C).
,
b
in subsection (1), for “This section applies” substitute “ The first situation is ”,
c
in subsection (1)(a), for “relevant offence” substitute “ safety-critical duty offence ”,
d
in subsection (1)(b), for “a relevant” substitute “ such an ”,
e
omit subsection (2),
f
in subsection (3), for “This section also applies” substitute “ The second situation is ”,
g
after subsection (3) insert—
3A
The third situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—
a
there has been an accident involving an aircraft or a ship; and
b
at the time of the accident, the person was carrying out an aviation function in relation to the aircraft or a marine function in relation to the ship.
3B
The fourth situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—
a
there has been an accident involving an aircraft or a ship;
b
before the accident, the person carried out an aviation function in relation to the aircraft or a marine function in relation to the ship; and
c
it is possible that the carrying out of the function by the person may have caused or contributed to—
i
the occurrence of the accident;
ii
any death, injury to a person, damage to property or environmental harm resulting from the accident; or
iii
any risk of death or of such injury, damage or harm created by the accident.
3C
The fifth situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—
a
there has been an accident which resulted in or created a risk of—
i
death;
ii
serious injury to any person;
iii
serious damage to property; or
iv
serious environmental harm;
b
the person—
i
was carrying out a safety-critical function at the time of the accident; or
ii
carried out a safety-critical function before the accident; and
c
it is possible that the carrying out of the safety-critical function by the person may have caused or contributed to—
i
the occurrence of the accident;
ii
the death, injury, damage or harm; or
iii
the risk of death, injury, damage or harm.
, and
h
in subsection (4)—
i
at the beginning insert “ Where this section applies, ”, and
ii
for “subsection (1) or (3) (“the suspected person”)” substitute “ subsection (1), (3), (3A), (3B) or (3C) (“the affected person”) ”.
3
After that section insert—

Section 93A: interpretation
93AA
1
In section 93A(1), “safety-critical duty offence” means—
a
an offence under section 20A; or
b
an offence under section 20(1)(a) in respect of a safety-critical duty (as defined in section 93I).
2
In section 93A(3A) and (3B)—
- “aviation function” means a role or activity in connection with aviation that is specified, or of a description specified, by regulations made by the Defence Council for the purposes of those subsections;
- “marine function” means a role or activity in connection with a ship or ships that is specified, or of a description specified, by regulations made by the Defence Council for the purposes of those subsections.
3
The Defence Council may specify a role or activity (or description of role or activity) under subsection (2) only if carrying it out with ability impaired by alcohol or drugs would result in a risk of—
a
death,
b
serious injury to any person,
c
serious damage to property, or
d
serious environmental harm,
but this is subject to subsection (4).
4
The Defence Council's powers under subsection (2) include power to specify a role or activity that is undertaken in preparation for, or in connection with, the carrying out of a role or activity (or description of role or activity) that satisfies the test in subsection (3), either by specifying such a role or activity generally or by specifying a particular role or activity.
5
For the purposes of section 93A(3A) and (3B), an accident does not involve an aircraft or a ship simply because it takes place on an aircraft or ship.
6
In section 93A(3C), references to the carrying out of a safety-critical function are to—
a
the performance by a person subject to service law of a duty specified, or of a description specified, by regulations under section 20A(2) or of any other safety-critical duty (as defined in section 93I); or
b
the carrying out by a person who is a civilian subject to service discipline, in the course of the person's employment, of a role or activity which, if it were carried out by a person subject to service law in the course of his or her duty, would be a safety-critical duty.
7
References in section 93A and this section to a person carrying out a function include a failure by the person to carry out a function at a time when the person is responsible for carrying it out (and related expressions are to be read accordingly).
4
In section 93B of AFA 2006 (preliminary breath test)—
a
in subsection (1), at the beginning insert “ In a situation described in section 93A(1) or (3), ”,
b
in subsection (1)(a), for “suspected” substitute “ affected ”,
c
after subsection (1) insert—
1A
In a situation described in section 93A(3A), (3B) or (3C), a preliminary breath test is a procedure administered by a service policeman under which—
a
the affected person provides a specimen of breath; and
b
the specimen is used for the purpose of obtaining, by means of an approved device, an indication of the proportion of alcohol in the person's breath or blood.
, and
d
in subsection (3), for “93A(2)” substitute “ 93A(1)(a) ”.
5
In section 93C of AFA 2006 (preliminary impairment test), in subsection (1)(a) and (b), for “suspected” substitute “ affected ”.
6
In section 93D of AFA 2006 (preliminary drug test), in subsection (1)(a), for “suspected” substitute “ affected ”.
7
In section 93I of AFA 2006 (definitions for the purposes of Chapter 3A of Part 3), in the definition of “safety-critical duty”, after “93A(1)” insert “ , 93AA(6)(a) ”.
8
In section 373 of AFA 2006 (regulations etc)—
a
in subsection (2) (regulations made by Defence Council), after “36,” insert “ 93AA, ”, and
b
in subsection (3)(d) (affirmative procedure), after “20A,” insert “ 93AA(2), ”.
S. 2 in force at 19.7.2018 for specified purposes by S.I. 2018/876, reg. 2(a)