Jobseekers Act 1995

Yn ddilys o 12/11/2009

Requirements imposed in relation to use of drugs E+W+S

1 (1) Regulations may make provision for or in connection with imposing on a claimant a requirement to attend at such time and place as may be determined in accordance with the regulations in order to answer questions within sub-paragraph (2).

(2) A question is within this sub-paragraph if it is asked for the purpose of ascertaining—

(a) whether the person required to answer it may be dependent on, or have a propensity to misuse, any drug, and

(b) (if so) whether any such dependency or propensity may be a factor affecting that person's prospects of obtaining or remaining in work.

(3) Regulations under this paragraph may, in particular, make provision prescribing the questions which a person may be required to answer under the regulations (which may include questions relating to any use of the drug in question or any treatment connected with its use).

(4) Regulations under this paragraph may not impose a requirement on a person at any time unless the person is required to meet the jobseeking conditions at that time.

2 (1) Regulations may make provision for or in connection with imposing on a person who is subject to a requirement imposed under paragraph 1 a requirement to take part in—

(a) a substance-related assessment, and

(b) a subsequent interview (a “drugs interview”) with an approved person to discuss any matters arising out of that assessment.

(2) For the purposes of this paragraph—

• a “substance-related assessment” means an assessment by an approved person carried out for the purpose of assessing—

  (a)

  whether a person is dependent on, or has a propensity to misuse, any drug, and

  (b)

  (if so) whether the person's dependency or propensity is such as requires and may be susceptible to treatment;

• an “approved person” means a person having the necessary qualifications or experience who is approved by the Secretary of State for the purposes of this paragraph.

(3) Regulations under this paragraph must include provision for the requirement mentioned in sub-paragraph (1) to be imposed on a person only if the Secretary of State has reasonable grounds for suspecting that—

(a) the person may be dependent on, or have a propensity to misuse, any drug, and

(b) any such dependency or propensity may be a factor affecting the person's prospects of obtaining or remaining in work.

(4) Regulations under this paragraph may, in particular, make provision—

(a) for notifying a person of a requirement to take part in a substance-related assessment or a drugs interview;

(b) for the determination, and notification, of the time and place of any substance-related assessment or drugs interview in which a person is required to take part.

(5) Regulations under this paragraph may, in particular, make provision for a requirement imposed on a person (“P”) under this paragraph to cease to have effect if—

(a) P agrees to provide a sample, in accordance with instructions given by an approved person, for the purpose of ascertaining whether there is or has been any drug in P's body, and

(b) the sample provided indicates that no drug is or has been in P's body.

(6) Regulations under this paragraph may not impose a requirement on a person at any time unless the person is required to meet the jobseeking conditions at that time.

3 (1) Regulations may make provision for or in connection with imposing on a person who—

(a) is subject to a requirement imposed under paragraph 2, and

(b) fails to comply with it without it being shown, within a prescribed period, that the person had good cause for the failure,

a requirement to take part in one or more relevant tests for the purpose of ascertaining whether there is or has been any drug in the person's body.

(2) Regulations under this paragraph must include provision for the requirement mentioned in sub-paragraph (1) to be imposed on a person only if the Secretary of State is satisfied that the proposed test or tests will, or will be likely to, assist in determining whether the person is dependent on, or has a propensity to misuse, any drug.

(3) Regulations under this paragraph must include provision for informing a person of the consequence of failing to comply with a requirement to take part in a relevant test.

(4) Regulations under this paragraph may, in particular, make provision—

(a) for notifying a person of a requirement to take part in a relevant test;

(b) for the determination, and notification, of the time and place of any relevant test in which a person is required to take part.

(5) Regulations under this paragraph may not impose a requirement on a person at any time unless the person is required to meet the jobseeking conditions at that time.

(6) For the purposes of this paragraph a person takes part in a relevant test if the person provides a permissible sample in accordance with instructions given by an approved person (within the meaning of paragraph 2).

(7) In sub-paragraph (6) “permissible sample”, in relation to any drug, means—

(a) a sample of urine, or

(b) such sample (other than an intimate sample) as may be prescribed in relation to that drug.

(8) In sub-paragraph (7)(b) “intimate sample” means—

(a) a sample of blood, semen or any other tissue fluid or pubic hair;

(b) a dental impression;

(c) a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth.