Jobseekers Act 1995 (c. 18)

SCHEDULES

Yn ddilys o 12/11/2009

Schedule A1 E+W+S Persons dependent on drugs etc.

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

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.