Armed Forces Act 2006

[F1 93C Preliminary impairment test U.K.

(1) A preliminary impairment test is a procedure under which a service policeman—

(a) observes the [F2 affected] person performing tasks specified by the service policeman; and

(b) makes such other observations of the [F3 affected] person's physical state as the service policeman thinks expedient.

(2) A preliminary impairment test may be administered only—

(a) at or near the place where the requirement to co-operate with the test is imposed;

(b) at a service police establishment determined by the service policeman; or

(c) at a medical establishment.

(3) The Provost Marshals (acting jointly) must issue, and may from time to time revise, a code of practice about—

(a) the kind of task that may be specified for the purposes of a preliminary impairment test;

(b) the kind of observation of physical state that may be made in the course of a preliminary impairment test;

(c) the way in which a preliminary impairment test should be administered; and

(d) the inferences that may be drawn by a service policeman from observations made in the course of a preliminary impairment test.

(4) In subsection (3) “the Provost Marshals” [F4 means—

(a) the Provost Marshals of each of the service police forces, and

(b) the Provost Marshal for serious crime.]

(5) A service policeman administering a preliminary impairment test must have regard to the code of practice.

(6) A service policeman may administer a preliminary impairment test only if the service policeman is approved for that purpose by a Provost Marshal of a service police force [F5 or the Provost Marshal for serious crime].

(7) A code of practice under this section may include provision about—

(a) the giving of approval under subsection (6); and

(b) in particular, the kind of training that a service policeman should have undergone, or the kind of qualification that a service policeman should possess, before being approved under that subsection.]

Textual Amendments

F1 Pt. 3 Ch. 3A inserted (8.3.2012 for specified purposes, 1.11.2013 in so far as not already in force) by Armed Forces Act 2011 (c. 18), ss. 11(1), 32(3); S.I. 2012/669, art. 3(c); S.I. 2013/2501, art. 3(b)

F2 Word in s. 93C(1)(a) substituted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(5), 19(1); S.I. 2018/876, reg. 2(a)(b)

F3 Word in s. 93C(1)(b) substituted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(5), 19(1); S.I. 2018/876, reg. 2(a)(b)

F4 S. 93C(4)(a)(b) substituted for words (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 25(2); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F5 Words in s. 93C(6) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 25(3); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4