Alcohol and drugs

I1I22Commanding officer's power to require preliminary alcohol and drugs tests

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.

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—

93AASection 93A: interpretation

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.

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), ”.