(2) In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial
Conditions and Contributions) (Scotland) Regulations 2011 (criminal advice
and assistance: automatic availability in certain circumstances), in
paragraph (b), after “offences” insert “or immigration or nationality
5offences”.

(3) The amendment of regulation 8 by sub-paragraph (2) above does not
prevent the provision made by that amendment from being amended or
revoked by exercise of the power conferred by section 8A of the Legal Aid
(Scotland) Act 1986 or any other power.

Section 27

10SCHEDULE 15 Drugs and driving: minor and consequential amendments

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

1 The Road Traffic Act 1988 is amended as follows.

2 (1) Section 3A (causing death by careless driving when under influence of drink
15or drugs) is amended as follows.

(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) 20In subsection (3), after “(1)(b)” insert “, (ba)”.

3 (1) Section 6C (preliminary drug test) is amended as follows.

(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
25blood 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.”

4 In section 6D (arrest), in subsection (1), for the words after “preliminary
30breath 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
35proportion of it in the person’s blood or urine exceeds the
specified limit for that drug.”

5 (1) Section 7 (provision of specimens for analysis) is amended as follows.

(2) After subsection (1) insert—

“(1A) In the course of an investigation into whether a person has
40committed 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”.

6 (1) 5Section 10 (detention of persons affected by alcohol or a drug) is amended as
follows.

(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) 10the 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.”

7 15In section 192 (general interpretation of Act), in the definition of
“prescribed” in subsection (1), before “means” insert “(except in section
5A)”.

8 The amendments in paragraphs 3 to 6 do not affect the application of
sections 83 and 96 of the Railways and Transport Safety Act 2003.

20Road Traffic Offenders Act 1988 (c. 53)Road Traffic Offenders Act 1988 (c. 53)

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

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.

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

(3) 25In 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
30proportion 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
35time 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
40accused 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
5public 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) 10if it is alleged that he was unfit to drive through
drugs, would not have been such as to impair his
ability to drive properly.”

11 (1) Section 24 (alternative verdicts: general) is amended as follows.

(2) In the table in subsection (1), after the entry relating to section 5(1)(a) of the
15Road Traffic Act 1988 insert—

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

12 In 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
25concentration of specified controlled drug above specified
limit),”.

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

14 The amendments in paragraph 10 do not affect the application of sections 83
and 96 of the Railways and Transport Safety Act 2003.

Football Spectators Act 1989 (c. 37)Football Spectators Act 1989 (c. 37)

15 In Schedule 1 to the Football Spectators Act 1989 (relevant offences for
40purposes 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”.

Crime (International Co-operation) Act 2003 (c. 32)2003 (c. 32)

16 In Schedule 3 to the Crime (International Co-operation) Act 2003 (offences
5notifiable 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
10specified limit),”.

Armed Forces Act 2006 (c. 52)Armed Forces Act 2006 (c. 52)

17 In 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—

“9A 15An offence under section 5A of that Act (driving a vehicle with
concentration of specified controlled drug above specified limit).”

Section 28

SCHEDULE 16 Super-affirmative procedure

Prior consultation

1 20If the Secretary of State is proposing to make an order under section 2, the
Secretary of State must consult those persons whom the Secretary of State
considers would be affected by the proposed order.

Draft order

2 (1) If, after such a consultation, the Secretary of State considers it appropriate to
25proceed with the making of the order, the Secretary of State must lay before
Parliament—

(a) a draft order, and

(b) a document which explains the order.

(2) The Secretary of State may not act under this paragraph before the end of the
30period of twelve weeks beginning with the day on which the consultation
began.

Draft order approved

3 (1) The Secretary of State may make an order in the terms of the draft order laid
under paragraph 2 if, after the expiry of the 40-day period, the draft order is
35approved by a resolution of each House of Parliament.

(2) But the procedure in paragraph 4 is to apply to the draft order instead of the
procedure in this paragraph if—

(a) either House of Parliament so resolves within the 30-day period, or

(b) a committee of either House charged with reporting on the draft
order so recommends within the 30-day period and the House to
which the recommendation is made does not by resolution reject the
5recommendation within that period.

Scrutiny extended

4 (1) The Secretary of State must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) 10any recommendations of a committee of either House of Parliament
charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(2) If after the expiry of the 60-day period the draft order is approved by a
resolution of each House of Parliament, the Secretary of State may make an
15order in the terms of the draft order.

(3) If after the expiry of the 60-day period the Secretary of State wishes to
proceed with the draft order but with material changes, the Secretary of
State may lay before Parliament—

(a) a revised draft order, and

(b) 20a statement giving a summary of the changes proposed.

(4) If the revised draft order is approved by a resolution of each House of
Parliament, the Secretary of State may make an order in the terms of the
revised draft order.

Interpretation

5 (1) 25For the purposes of this paragraph an order is made in the terms of a draft
order or revised draft order if it contains no material changes to its
provisions.

(2) In this Schedule, references to the “30-day”, “40-day” and “60-day” periods
in relation to any draft order are to the periods of 30, 40 and 60 days
30beginning with the day on which the draft order was laid before Parliament.

(3)
For that purpose no account is to be taken of any time during which
Parliament is dissolved or prorogued or during which either House is
adjourned for more than four days.