Road Traffic Act 1988

9 Protection for hospital patients. U.K.

(1) While a person is at a hospital as a patient he shall not be required [F1 to co-operate with a preliminary test] or to provide a specimen [F2 under section 7 of this Act] 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, [F3 it shall be for co-operation with a test administered, or for the provision of a specimen, at the hospital], but

(b) if the medical practitioner objects on the ground specified in subsection (2) below, the requirement shall not be made.

[F4 (1A) While a person is at a hospital as a patient, no specimen of blood shall be taken from him under section 7A of this Act and he shall not be required to give his permission for a laboratory test of a specimen taken under that section 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 subsection (2).

F4 (2) The ground on which the medical practitioner may object is—

(a) in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 7(7) of this Act would be prejudicial to the proper care and treatment of the patient; and

(b) in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 7A(5) of this Act would be so prejudicial.]

Textual Amendments

F1 Words in s. 9(1) substituted (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 3(a); S.I. 2004/827, art. 3

F2 Words in s. 9(1) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 154(8), 178; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5))

F3 Words in s. 9(1)(a) substituted (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 3(b); S.I. 2004/827, art. 3

F4 S. 9(1A)(2) substituted for s. 9(2) (1.10.2002) by 2002 c. 30, s. 56(2); S.I. 2002/2306, art. 2(d)(v)

Modifications etc. (not altering text)

C1 S. 9 applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

C2 Ss. 4-11 applied (with modifications) (5.8.2011) by The Road Traffic (Drink and Drugs) (Cambridgeshire Guided Busway) Regulations 2011 (S.I. 2011/1652), regs. 1, 3