Version Superseded: 01/12/2020
Point in time view as at 02/12/2019. This version of this provision has been superseded.
Armed Forces Act 2006, Section 305 is up to date with all changes known to be in force on or before 04 March 2025. 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.
(1)A drug testing officer may, in order for it to be ascertained whether or to what extent a person subject to service law has or has had drugs in his body, require the person to provide a sample of his urine for analysis.
(2)A drug testing officer may not impose a requirement under subsection (1) if—
(a)he or his commanding officer is the person's commanding officer; or
(b)the sample is sought in connection with an investigation under this Act of an offence F2....
(3)A person commits an offence if he fails to comply with a requirement imposed under subsection (1).
(4)In this section—
“drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38); and
“drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with regulations made by the Defence Council for the purpose of obtaining samples for analysis for drugs.
(5)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment F3... imposed in respect of the offence must not exceed 51 weeks.
Textual Amendments
F1S. 305 heading substituted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 11(a); S.I. 2013/2501, art. 3(d)
F2Words in s. 305(2)(b) repealed (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 11(b), Sch. 5; S.I. 2013/2501, art. 3(d)(e)
F3Words in s. 305(5) repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 15(1), 32(3), Sch. 5; S.I. 2012/669, art. 4(a)(f)(ii) (with art. 8)
Commencement Information
I1S. 305 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 305 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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