Valid from 28/03/2009

Part 13 U.K. Discipline: Miscellaneous and Supplementary

Chapter 1 U.K. Testing for Alcohol and Drugs

308 Sections 305 and 306: supplementary U.K.

(1) The Defence Council may by regulations make provision about the obtaining of samples under sections 305(1) and 306(2) and the analysis of such samples, including in particular provision—

(a) as to the number of samples which a person may be required to provide;

(b) as to the circumstances in which a person may be required under section 306(2) to provide more than one type of sample;

(c) enabling the person imposing a requirement under section 305(1) or 306(2) to specify the way in which the sample is to be provided;

(d) prescribing circumstances in which a requirement under section 305(1) or 306(2) may not be imposed;

(e) as to the equipment to be used, and the procedures to be followed, in obtaining or analysing samples;

(f) as to the qualifications and training of any persons engaged in obtaining or analysing samples.

(2) In subsection (1), any reference to a person being required to provide a sample includes, in relation to a sample within section 307(3)(c), a reference to a person being required to consent to the taking from him of a sample.

(3) The results of any analysis of a sample provided pursuant to a requirement imposed under section 305(1) or section 306(2) are not admissible in evidence against any person in proceedings in respect of a service offence.

(4) Nothing in this Chapter limits the powers conferred by—

(a) any provision of the Road Traffic Act 1988 (c. 52), or

(b) any provision of an order under section 113(1) of PACE which makes provision equivalent to any provision of Part 5 of PACE (questioning and treatment of persons by police),

or affects the admissibility in any proceedings of evidence obtained under those powers.