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The Road Traffic (Northern Ireland) Order 1995
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Changes over time for: Section 20
Version Superseded: 15/11/2007
Alternative versions:
- 01/01/2006- Amendment
- 27/02/2007
Point in time - 15/11/2007- Amendment
- 16/07/2008- Amendment
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Point in time view as at 27/02/2007. This version of this provision has been superseded.
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The Road Traffic (Northern Ireland) Order 1995, Section 20 is up to date with all changes known to be in force on or before 11 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Protection for hospital patientsN.I.
20.—(1) While a person is at a hospital as a patient he shall not be required to provide a specimen of breath for a preliminary breath test or for analysis, or to provide a specimen of blood or urine for a laboratory test, unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement; and—
(a)if the requirement is then made, it shall be for the provision of a specimen at the hospital, but
(b)if the medical practitioner objects on the ground specified in paragraph (2), the requirement shall not be made.
[F1(1A) While a person is at a hospital as a patient, no specimen of blood shall be taken from him under Article 18A and he shall not be required to give his permission for a laboratory test of a specimen taken under that Article unless the medical practitioner in immediate charge of his case—
(a)has been notified of the proposal to take the specimen or to make the requirement; and
(b)has not objected on the ground specified in paragraph (2).
(2) The ground on which the medical practitioner may object is—
(a)in a case falling within paragraph (1), that the requirement or the provision of the specimen or (if one is required) the warning required by Article 18(8) would be prejudicial to the proper care and treatment of the patient; and
(b)in a case falling within paragraph (1A), that the taking of the specimen, the requirement or the warning required by Article 18A(5) would be so prejudicial.]
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