[F112A Failure to provide a sample for drug testing.F7U.K.
(1)Any person subject to this Act who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for [F2the purpose of ascertaining whether, or to what extent, he has, or has had, drugs in his body] shall,F3. . . , be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.
[F4(1A)A drug testing officer may not request a person to provide a sample under subsection (1) above if—
(a)he is that person’s commanding officer, or
(b)the commanding officer of that person is his commanding officer.
(1B)A request under subsection (1) above may not be made if the sample is sought in connection with—
(a)an investigation under this Act of an offence, or
(b)an investigation of such an incident as is referred to in section 32(1)(a) of the Armed Forces Act 2001 (powers to test for alcohol or drugs after serious incident).
(1C)The results of tests performed on a sample provided by a person at the request of a drugs testing officer shall not be admissible in evidence against—
(a)that person, or
(b)any other person,
in proceedings before a court-martial, commanding officer or appropriate superior authority.
(1D)Nothing in this section—
(a)limits the powers conferred by—
[F5(i)any provision of the Road Traffic Act 1988 (c. 52),]
(ii)sections 62 and 63 of the Police and Criminal Evidence Act 1984 (intimate and other samples), as applied by order under section 113(1) of that Act; or
(b)affects the admissibility in any proceedings of evidence obtained under those powers.]
(2)For the purposes of this section—
“drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971; and
“drug testing officer” means an officer, warrant officer [F6, chief petty officer, petty officer or leading rating] who is authorised by or in accordance with Queen’s Regulations for the purpose of supervising the conduct of tests for the presence of drugs.]
Textual Amendments
F1S. 12A inserted (1.10.1996 with savings) by 1996 c. 46, s. 32(3); S.I. 1996/2474, art. 2 (with art. 3)
F2Words in s. 12A(1) substituted (3.2.2006) by 2001 c. 19, ss. 32(9), 39(2), Sch. 5 para. 5(2)(a); S.I. 2006/235, art. 2 (with art. 3)
F3Words in s. 12A(1) omitted (28.2.2002) by virtue of 2001 c. 19, ss. 32(9), 39(2), Sch. 5 para. 5(2)(b) and repealed (prosp.) by 2001 c. 19, s. 38, Sch. 7 Pt. 7; S.I. 2002/345, art. 2 (subject to art. 3)
F4S. 12A(1A)-(1D) inserted (3.2.2006) by 2001 c. 19, ss. 32(9), 39(2), Sch. 5 para. 5(3); S.I. 2006/235, art. 2 (with art. 3)
F5S. 12A(1D)(a)(i) substituted (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 11; S.I. 2004/827, art. 3(ii)
F6S. 12A(2): words in the definition of "drug testing officer" substituted (28.2.2002) by 2001 c. 19, s. 32(9), Sch. 5 para. 5(4); S.I. 2002/345, art. 2 (subject to art. 3)
Textual Amendments applied to the whole legislation
F7Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions