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Transport and Works Act 1992
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Transport and Works Act 1992, Section 33 is up to date with all changes known to be in force on or before 07 November 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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- s. 1(1A)(c)(d) inserted by 2024 asc 3 Sch. 3 para. 7(2)
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33 Protection for hospital patients.E+W+S
(1)While a person is at a hospital as a patient, he shall not be required to provide a specimen of breath for a breath test or to provide a specimen 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 subsection (2) below, 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 section 31A 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).
(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 31(9) 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 31A(5) of this Act would be so prejudicial.]
(3)A person shall not be arrested under section 30(2) above while he is at a hospital as a patient.
Textual Amendments
F1S. 33(1A)(2) substituted (1.10.2002) for s. 33(2) by Police Reform Act 2002 (c. 30), s. 58(5); S.I. 2002/2360, art. 2(d)(v)
Commencement Information
I1Pt. II Ch. 1 (ss. 26-40) wholly in force at 7. 12. 1992 see s. 70 and S.I. 1992/2043, art. 2(a).
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