PART 3

Prevention and investigation of terrorism

Terrorism prevention and investigation measures

TPIMs: drug testing measure
39
1
In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (measures), after paragraph 10ZA (inserted by section 38) insert—

Drug testing measure
10ZB
1
The Secretary of State may impose a requirement for the individual—
a
to—
i
attend such a testing place, at such times, and
ii
provide an authorised person at the testing place with such a permitted sample,
as the Secretary of State may by notice require for the purpose of ascertaining whether the individual has any specified Class A drug or specified Class B drug in their body, and
b
to comply with any directions given by an authorised person in relation to the provision of the permitted sample.
2
In this paragraph—
- “authorised person” means—
  1. a constable, or
  2. a person prescribed, or of a description prescribed, by regulations made by the Secretary of State;
- “permitted sample” means—
  1. a sample of hair other than pubic hair;
  2. a sample taken from a nail or from under a nail;
  3. a sample of urine;
  4. saliva;
  5. a swab taken from any part of a person’s body except a person’s genitals (including pubic hair) or a person’s body orifice other than the mouth;
  6. a skin impression;
- “specified Class A drug” and “specified Class B drug” have the same meanings as in Part 3 of the Criminal Justice and Court Services Act 2000 (see section 70 of that Act);
- “testing place” means—
  1. a police station, or
  2. a place prescribed, or of a description prescribed, by regulations made by the Secretary of State.
3
Regulations under sub-paragraph (2) are to be made by statutory instrument.
4
Regulations under sub-paragraph (2) may make—
a
different provision for different purposes or different areas;
b
incidental, supplemental, consequential, saving or transitional provision.
5
A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
2
In section 17 of that Act (jurisdiction in relation to decisions under the Act), in subsection (3), after paragraph (ca) (inserted by section 38) insert—
cb
a decision by an authorised person to give a direction by virtue of paragraph 10ZB(1)(b) of Schedule 1 (drug testing measure);
.