|
| |
| | ( 8 ) |
| |
| | reasonably suspects that the accident involved injury of |
| | any person, or |
| | (b) arresting a person under section 6D following an accident |
| | in a case where the constable reasonably suspects that the |
| | accident involved injury of any person. |
| | (2) This section— |
| | (a) does not extend to Scotland, and |
| | (b) is without prejudice to any rule of law or enactment about |
| | the right of a constable in Scotland to enter any place.” |
| | 2 In section 7(3) of that Act (provision of specimen for analysis) after the |
| | word “or” after subsection (bb) insert— |
| | “(bc) as a result of the administration of a preliminary drug |
| | test, the constable making the requirement has |
| | reasonable cause to believe that the person required to |
| | provide a specimen of blood or urine has a drug in his |
| | body, or”. |
| | 3 In section 9(1) of that Act (protection for hospital patients)— |
| | (a) for “to provide a specimen of breath for a breath test” substitute |
| | “to co-operate with a preliminary test”, and |
| | (b) in paragraph (a), for “it shall be for the provision of a specimen at |
| | the hospital” substitute “it shall be for co-operation with a test |
| | administered, or for the provision of a specimen, at the hospital”. |
| | 4 In section 10(1) of that Act (detention of persons affected by alcohol or |
| | drugs) in subsection (1) after “a person required” insert “under section 7 |
| | or 7A”. |
| | 5 In section 11 of that Act (interpretation)— |
| | (a) in subsection (2), omit the definition of “breath test”, and |
| | (b) in subsection (3) for “A person does not provide a specimen of |
| | breath for a breath test or for analysis unless the specimen” |
| | substitute “A person does not co-operate with a preliminary test |
| | or provide a specimen of breath for analysis unless his co- |
| | operation or the specimen”. |
| | 6 In section 184(1)(f) of that Act (application of sections 5 to 10 to military |
| | personnel) for “in section 6(1) the reference to a traffic offence” substitute |
| | “in section 6 a reference to a traffic offence”. |
| | 7 In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to |
| | which certain provisions apply), in the entry for section 6 of the Road |
| | Traffic Act 1988 (c. 52) for the description of the general nature of the |
| | offence substitute “Failing to co-operate with a preliminary test”. |
| | 8 In Schedule 2 to that Act (prosecution and punishment of offenders), in |
| | the entry for section 6 of the Road Traffic Act 1988 (c. 52) for the |
| | description of the general nature of the offence substitute “Failing to co- |
| | operate with a preliminary test”. |
| | 9 In section 34A(1D)(a) of the Army Act 1955 (c. 18) (testing for drugs) for |
| | sub-paragraph (i) substitute— |
| | “(i) any provision of the Road Traffic Act 1988 (c. 52),”. |
| | 10 In section 34A(1D)(a) of the Air Force Act 1955 (c. 19) (testing for drugs) |
| | for sub-paragraph (i) substitute— |
|
| |
| | ( 9 ) |
| |
| | “(i) any provision of the Road Traffic Act 1988 (c. 52),”. |
| | 11 In section 12A(1D)(a) of the Naval Discipline Act 1957 (c. 53) (testing for |
| | drugs) for sub-paragraph (i) substitute— |
| | “(i) any provision of the Road Traffic Act 1988 (c. 52),”. |
| | 12 In section 34(6) of the Police and Criminal Evidence Act 1984 (c. 60) |
| | (arrest) for “section 6(5) of the Road Traffic Act 1988” substitute “section |
| | 6D of the Road Traffic Act 1988”. |
| | 13 In section 32(8)(a) of the Armed Forces Act 2001 (c. 19) (testing for drink |
| | or drugs) for sub-paragraph (i) substitute— |
| | “(i) any provision of the Road Traffic Act 1988 (c. 52),”.” |
Schedule 7 |
12 | Page 74, line 8, at end insert— |
| | “Road Traffic Act 1988 (c. 52) | In section 11(2), the definition of | | | | | | “breath test”.” | | |
|
