Part 13Discipline: Miscellaneous and Supplementary

Chapter 1Testing for Alcohol and Drugs

307Definitions etc for purposes of section 306

(1)

This section applies for the purposes of section 306.

(2)

“Drug” means—

(a)

a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38); or

(b)

any other drug specified, or of a description specified, in an order made by the Secretary of State for the purposes of this paragraph.

(3)

“Sample” means—

(a)

where the sample is required in order for it to be ascertained whether or to what extent a person has or has had alcohol in his body, a sample of urine or breath;

(b)

where the sample is required in order for it to be ascertained whether or to what extent a person has or has had drugs in his body, a sample of urine; and

(c)

in either case, any other sample specified by the Secretary of State in an order made for the purposes of this paragraph.

(4)

The power conferred by subsection (3)(c) does not include power to specify a sample of blood, semen or other tissue fluid or anything which would have to be provided from a person's body orifice (other than the mouth).

(5)

Any reference to a person being required to provide a sample includes, in relation to a sample within subsection (3)(c), a reference to a person being required to consent to the taking from him of a sample.