Part II Safety of railways etc
I2CHAPTER I Offences involving drink or drugs
Miscellaneous and supplementary
I138 Interpretation of Chapter I.
1
In this Chapter—
“breath test” means a preliminary test for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit;
“drug” includes any intoxicant other than alcohol;
“fail” includes refuse;
“hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients.
2
In this Chapter “the prescribed limit” means, as the case may require—
a
35 microgrammes of alcohol in 100 millilitres of breath,
b
80 milligrammes of alcohol in 100 millilitres of blood, or
c
107 milligrammes of alcohol in 100 millilitres of urine,
or such other proportion as may be prescribed by regulations made by the Secretary of State.
3
For the purposes of this Chapter, it is immaterial whether a person who works on a transport system does so in the course of his employment, under a contract for services, voluntarily or otherwise.
4
For the purposes of this Chapter, a person does not provide a specimen of breath for a breath test or for analysis unless the specimen—
a
is sufficient to enable the test or the analysis to be carried out, and
b
is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.
5
For the purposes of this Chapter, a person provides a specimen of blood if and only if he consents to its being taken by a medical practitioner and it is so taken.
6
The power to make regulations under subsection (2) above shall be exercisable by statutory instrument; and no such regulations shall be made unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
Pt. II Ch. 1 (ss. 26-40) wholly in force at 7.12.1992 see s. 70 and S.I. 1992/2043, art. 2(a)