Valid from 12/11/2009
3(1)Regulations may make provision for or in connection with imposing on a person who—
(a)is subject to a requirement imposed under paragraph 2, and
(b)fails to comply with it without it being shown, within a prescribed period, that the person had good cause for the failure,
a requirement to take part in one or more relevant tests for the purpose of ascertaining whether there is or has been any drug in the person's body.
(2)Regulations under this paragraph must include provision for the requirement mentioned in sub-paragraph (1) to be imposed on a person only if the Secretary of State is satisfied that the proposed test or tests will, or will be likely to, assist in determining whether the person is dependent on, or has a propensity to misuse, any drug.
(3)Regulations under this paragraph must include provision for informing a person of the consequence of failing to comply with a requirement to take part in a relevant test.
(4)Regulations under this paragraph may, in particular, make provision—
(a)for notifying a person of a requirement to take part in a relevant test;
(b)for the determination, and notification, of the time and place of any relevant test in which a person is required to take part.
(5)Regulations under this paragraph may not impose a requirement on a person at any time unless the person is required to meet the jobseeking conditions at that time.
(6)For the purposes of this paragraph a person takes part in a relevant test if the person provides a permissible sample in accordance with instructions given by an approved person (within the meaning of paragraph 2).
(7)In sub-paragraph (6) “permissible sample”, in relation to any drug, means—
(a)a sample of urine, or
(b)such sample (other than an intimate sample) as may be prescribed in relation to that drug.
(8)In sub-paragraph (7)(b) “intimate sample” means—
(a)a sample of blood, semen or any other tissue fluid or pubic hair;
(b)a dental impression;
(c)a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth.