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80 Specimens, &c. | |
(1) The provisions specified in the first column of the table below, with the | |
modifications specified in the third column and any other necessary | |
modifications, shall have effect in relation to an offence under this Part. | |
| | Provision | Description | Modification | | 5 | | | Road Traffic Act | | | | | | | 1988 (c. 52) | | | | | | | Section 6 | Preliminary breath | In place of subsections (1) and (2), the power | | | | | | tests | to require the provision of a specimen shall | | | | | | | apply where— | | 10 | | | | | (a) a constable in uniform reasonably | | | | | | | suspects that the person is | | | | | | | committing an offence under section | | | | | | | 75(3), 76(3) or 77(3), | | | | | | | (b) a constable in uniform reasonably | | 15 | | | | | suspects that the person has | | | | | | | committed an offence under section | | | | | | | 75(3), 76(3) or 77(3) and still has | | | | | | | alcohol in his body, or | | | | | | | (c) an accident occurs owing to the | | 20 | | | | | presence of a ship in a public place | | | | | | | and a constable reasonably suspects | | | | | | | that the person was at the time of the | | | | | | | accident a person to whom section | | | | | | | 75, 76 or 77 applied. | | 25 | | | | | In place of subsection (3), a person may be | | | | | | | required to provide a specimen either— | | | | | | | (a) at or near the place where the | | | | | | | requirement is made, or | | | | | | | (b) at a police station specified by the | | 30 | | | | | constable. | | | | | Section 7 | Provision of | In subsection (1) the reference to an offence | | | | | | specimen | under section 3A, 4 or 5 of the 1988 Act shall | | | | | | | be treated as a reference to an offence under | | | | | | | section 75, 76 or 77 of this Act. | | 35 | | | | | In subsection (3)(c) the reference to an offence | | | | | | | under section 3A or 4 of the 1988 Act shall be | | | | | | | treated as a reference to an offence under | | | | | | | section 75(2), 76(2) or 77(2) of this Act. | | | | | Section 7A | Specimen of blood | | | 40 | | | | taken from person | | | | | | | incapable of | | | | | | | consenting | | | | | | Section 8 | Choice of specimen | | | | | | | of breath | | | 45 | | | Section 9 | Protection for | | | | | | | hospital patient | | | |
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| | Provision | Description | Modification | | | | | Section 10 | Detention of person | In subsection (1)— | | | | | | affected by alcohol | (a) the reference to driving or | | | | | | or drug | attempting to drive a mechanically | | | | | | | propelled vehicle on a road shall be | | 5 | | | | | treated as a reference to exercising a | | | | | | | function in connection with the | | | | | | | navigation of a ship, and | | | | | | | (b) the reference to an offence under | | | | | | | section 4 or 5 of the 1988 Act shall be | | 10 | | | | | treated as a reference to an offence | | | | | | | under section 75, 76 or 77 of this | | | | | | | Act. | | | | | | | In subsection (2) the reference to driving a | | | | | | | mechanically propelled vehicle shall be | | 15 | | | | | treated as a reference to exercising a function | | | | | | | in connection with the navigation of a ship. | | | | | | | In subsection (3) the reference to driving | | | | | | | properly shall be treated as a reference to | | | | | | | exercising a function in connection with the | | 20 | | | | | navigation of a ship. | | | | | Section 11 | Interpretation | For the definition of “the prescribed limit” | | | | | | | there shall be substituted the definition given | | | | | | | in this Part (and the definition of “drug” shall | | | | | | | be disregarded). | | 25 | | | Road Traffic | | | | | | | Offenders Act | | | | | | | 1988 (c. 53) | | | | | | | Section 15 | Use of specimens | In subsection (1), the reference to an offence | | | | | | | under section 3A, 4 or 5 of the Road Traffic | | 30 | | | | | Act 1988 shall be treated as a reference to an | | | | | | | offence under section 75, 76 or 77 of this Act. | | | | | | | The relevant time for the consumption of | | | | | | | alcohol for the purpose of subsection (3)(a) | | | | | | | shall be before providing the specimen and | | 35 | | | | | after the time of the alleged offence. | | | | | | | In subsection (3)(b) the reference to driving | | | | | | | shall be treated as a reference to exercising a | | | | | | | function in connection with the navigation of | | | | | | | a ship. | | 40 | | | Section 16 | Documentary | | | | | | | evidence | | | |
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(2) The Secretary of State may by regulations amend the table in subsection (1) so | |
as— | |
(a) to add a provision relating to an offence which concerns alcohol or | 45 |
drugs in relation to road traffic; | |
(b) to add, remove or amend a modification (whether or not in connection | |
with an amendment of a provision specified in the table). | |
(3) For the purpose of the application by subsection (1) of a provision listed in the | |
table in that subsection— | 50 |
(a) the provision shall extend to the whole of the United Kingdom, and | |
(b) a reference to the provision shall be treated, unless the context | |
otherwise requires, as including a reference to the provision as applied. | |
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81 Detention pending arrival of police | |
(1) A marine official may detain a ship if he reasonably suspects that a person who | |
is or may be on board the ship— | |
(a) is committing an offence under section 75, 76 or 77, or | |
(b) has committed an offence under section 75, 76 or 77. | 5 |
(2) The power of detention under subsection (1)— | |
(a) is conditional upon the marine official making a request, either before | |
the detention or as soon as possible after its commencement, for a | |
constable in uniform to attend, and | |
(b) lapses when a constable in uniform has decided whether or not to | 10 |
exercise a power by virtue of section 80 and has informed the marine | |
official of his decision. | |
(3) In this section “marine official” means— | |
(a) a harbour master, or an assistant of a harbour master, appointed by a | |
harbour authority, | 15 |
(b) a person listed in section 284(1)(a) to (d) of the Merchant Shipping Act | |
1995 (c. 21)(detention of ship), and | |
(c) a person falling within a class designated by order of the Secretary of | |
State. | |
(4) In construing section 284(1)(b) of the Merchant Shipping Act 1995 (detention | 20 |
by person authorised by Secretary of State) for the purpose of subsection (3)(b) | |
above, the reference to authorisation to exercise powers under that section | |
shall be taken as a reference— | |
(a) to general authorisation to exercise powers under that section, and | |
(b) to general or particular authorisation to exercise powers under this | 25 |
section. | |
82 Arrest without warrant | |
(1) A constable may arrest a person without a warrant if the constable reasonably | |
suspects that the person— | |
(a) is committing an offence under section 75(2), 76(2) or 77(2), or | 30 |
(b) has committed one of those offences and is still under the influence of | |
drink or drugs. | |
(2) But a person may not be arrested under this section while he is at a hospital as | |
a patient. | |
(3) In subsection (2) “hospital” means an institution which— | 35 |
(a) provides medical or surgical treatment for in-patients or out-patients, | |
and | |
(b) is not on a ship. | |
(4) Arrest under this section shall be treated as arrest for an offence for the | |
purposes of— | 40 |
(a) Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention), | |
and | |
(b) Part V of the Police and Criminal Evidence (Northern Ireland) Order | |
1989 (S.I. 1989/1341 (N.I. 12)) (detention). | |
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83 Right of entry | |
(1) A constable in uniform may board a ship if he reasonably suspects that he may | |
wish to exercise a power by virtue of section 80 or under section 82 in respect | |
of a person who is or may be on the ship. | |
(2) A constable in uniform may enter any place if he reasonably suspects that he | 5 |
may wish to exercise a power by virtue of section 80 or under section 82 in | |
respect of a person who is or may be in that place. | |
(3) For the purposes of boarding a ship or entering a place under this section a | |
constable— | |
(a) may use reasonable force; | 10 |
(b) may be accompanied by one or more persons. | |
General | |
84 Consequential repeal | |
Section 117 of the Merchant Shipping Act 1995 (c. 21) (drunkenness on duty) | |
shall cease to have effect. | 15 |
85 Orders and regulations | |
(1) An order or regulations under this Part may— | |
(a) make transitional, supplemental and incidental provision; | |
(b) make provision generally or for specified purposes only; | |
(c) make different provision for different purposes. | 20 |
(2) The power under section 81(3)(c) for the Secretary of State to designate a class | |
of person includes a power for him to designate— | |
(a) himself, or | |
(b) one or more persons employed in his Department. | |
(3) An order or regulations under this Part shall be made by statutory instrument. | 25 |
(4) Regulations under this Part shall not be made unless a draft has been laid | |
before and approved by resolution of each House of Parliament. | |
(5) An order under section 81(3)(c) shall be subject to annulment in pursuance of | |
a resolution of either House of Parliament. | |
(6) Before making regulations under section 78(2) the Secretary of State shall | 30 |
consult such organisations as he thinks fit. | |
86 Interpretation | |
(1) In this Part— | |
(a) “ship” includes every description of vessel used in navigation, and | |
(b) a reference to the navigation of a vessel includes a reference to the | 35 |
control or direction, or participation in the control or direction, of the | |
course of a vessel. | |
(2) Section 313 of the Merchant Shipping Act 1995 (interpretation) shall apply to | |
the following expressions used in this Part— | |
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(a) fishing vessel, | |
(b) foreign ship, | |
(c) Government ship, | |
(d) harbour authority, | |
(e) master, | 5 |
(f) registered, | |
(g) seaman, | |
(h) United Kingdom ship, and | |
(i) United Kingdom waters. | |
(3) In this Part “pilot” has the meaning given by section 31(1) of the Pilotage Act | 10 |
1987 (c. 21) (interpretation). | |
(4) Regulations under section 267(4)(a) of the Merchant Shipping Act 1995 (c. 21) | |
(power to define “accident” for the purposes of provisions about marine | |
accident investigations) shall, so far as is practicable, apply to the word | |
“accident” as used in relation to this Part. | 15 |
(5) In this Part “drug” includes any intoxicant other than alcohol. | |
87 Crown application | |
(1) This Part— | |
(a) shall apply, except for section 81, in relation to ships forming part of the | |
Royal Fleet Auxiliary Service, but | 20 |
(b) shall not apply in relation to a function or activity performed or carried | |
out by a person who at the time is subject to service law (within the | |
meaning given by section 225(1) of the Army Act 1955 (c. 18) | |
(interpretation)). | |
(2) This Part shall not otherwise apply in relation to— | 25 |
(a) ships belonging to Her Majesty, or | |
(b) other Government ships. | |
88 Territorial application | |
(1) This Part shall have effect in relation to— | |
(a) United Kingdom ships, | 30 |
(b) foreign ships in United Kingdom waters, and | |
(c) un-registered ships in United Kingdom waters. | |
(2) Section 83 shall not extend to Scotland. | |
(3) Subsection (2) does not affect any rule of law or enactment (including an | |
enactment comprised in, or in an instrument made under, an Act of the Scottish | 35 |
Parliament) concerning the right of a constable in Scotland to board a ship or | |
enter any place for any purpose. | |
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Part 5 | |
Aviation: Alcohol and Drugs | |
Offences | |
89 Being unfit for duty | |
(1) A person commits an offence if— | 5 |
(a) he performs an aviation function at a time when his ability to perform | |
the function is impaired because of drink or drugs, or | |
(b) he carries out an activity which is ancillary to an aviation function at a | |
time when his ability to perform the function is impaired because of | |
drink or drugs. | 10 |
(2) In this section “drug” includes any intoxicant other than alcohol. | |
(3) Section 91 defines “aviation function” and “ancillary activity” for the purposes | |
of this Part. | |
90 Prescribed limit | |
(1) A person commits an offence if— | 15 |
(a) he performs an aviation function at a time when the proportion of | |
alcohol in his breath, blood or urine exceeds the prescribed limit, or | |
(b) he carries out an activity which is ancillary to an aviation function at a | |
time when the proportion of alcohol in his breath, blood or urine | |
exceeds the prescribed limit. | 20 |
(2) The prescribed limit of alcohol is (subject to subsection (3))— | |
(a) in the case of breath, 9 microgrammes of alcohol in 100 millilitres, | |
(b) in the case of blood, 20 milligrammes of alcohol in 100 millilitres, and | |
(c) in the case of urine, 27 milligrammes of alcohol in 100 millilitres. | |
(3) In relation to the aviation function specified in section 91(1)(h) the prescribed | 25 |
limit is— | |
(a) in the case of breath, 35 microgrammes of alcohol in 100 millilitres, | |
(b) in the case of blood, 80 milligrammes of alcohol in 100 millilitres, and | |
(c) in the case of urine, 107 milligrammes of alcohol in 100 millilitres. | |
(4) The Secretary of State may make regulations amending subsection (2) or (3). | 30 |
(5) Section 91 defines “aviation function” and “ancillary activity” for the purposes | |
of this Part. | |
91 Aviation functions | |
(1) For the purposes of this Part the following (and only the following) are aviation | |
functions— | 35 |
(a) acting as a pilot of an aircraft during flight, | |
(b) acting as flight navigator of an aircraft during flight, | |
(c) acting as flight engineer of an aircraft during flight, | |
(d) acting as flight radio-telephony operator of an aircraft during flight, | |
(e) acting as a member of the cabin crew of an aircraft during flight, | 40 |
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(f) attending the flight deck of an aircraft during flight to give or supervise | |
training, to administer a test, to observe a period of practice or to | |
monitor or record the gaining of experience, | |
(g) acting as an air traffic controller in pursuance of a licence granted under | |
or by virtue of an enactment (other than a licence granted to a student), | 5 |
and | |
(h) acting as a licensed aircraft maintenance engineer. | |
(2) For the purposes of subsection (1)(h) a person acts as a licensed aircraft | |
maintenance engineer if— | |
(a) he issues a document relating to the maintenance, condition or use of | 10 |
an aircraft or equipment in reliance on a licence granted under or by | |
virtue of an enactment relating to aviation, or | |
(b) he carries out or supervises work on an aircraft or equipment with a | |
view to, or in connection with, the issue by him of a document of the | |
kind specified in paragraph (a). | 15 |
(3) For the purposes of this Part a reference to an activity which is ancillary to an | |
aviation function is a reference to anything which falls to be treated as such by | |
virtue of subsections (4) to (6). | |
(4) An activity shall be treated as ancillary to an aviation function if it is | |
undertaken— | 20 |
(a) by a person who has reported for a period of duty in respect of the | |
function, and | |
(b) as a requirement of, for the purpose of or in connection with the | |
performance of the function during that period of duty. | |
(5) A person who in accordance with the terms of an employment or undertaking | 25 |
holds himself ready to perform an aviation function if called upon shall be | |
treated as carrying out an activity ancillary to the function. | |
(6) Where a person sets out to perform an aviation function, anything which he | |
does by way of preparing to perform the function shall be treated as an activity | |
ancillary to it. | 30 |
(7) For the purposes of this Part it is immaterial whether a person performs a | |
function or carries out an activity in the course of an employment or trade or | |
otherwise. | |
(8) The Secretary of State may by regulations— | |
(a) amend this section; | 35 |
(b) make an amendment of this Part which is consequential on an | |
amendment under paragraph (a). | |
Enforcement | |
92 Penalty | |
A person guilty of an offence under this Part shall be liable— | 40 |
(a) on conviction on indictment, to imprisonment for a term not exceeding | |
two years, to a fine or to both, or | |
(b) on summary conviction, to a fine not exceeding the statutory | |
maximum. | |
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