10ZBDrug testing measure

1

The Secretary of State may impose a requirement for the individual—

a

to—

i

attend such a testing place, at such times, and

ii

provide an authorised person at the testing place with such a permitted sample,

as the Secretary of State may by notice require for the purpose of ascertaining whether the individual has any specified Class A drug or specified Class B drug in their body, and

b

to comply with any directions given by an authorised person in relation to the provision of the permitted sample.

2

In this paragraph—

• “authorised person” means—

  1. a

     a constable, or

  2. b

     a person prescribed, or of a description prescribed, by regulations made by the Secretary of State;

• “permitted sample” means—

  1. a

     a sample of hair other than pubic hair;

  2. b

     a sample taken from a nail or from under a nail;

  3. c

     a sample of urine;

  4. d

     saliva;

  5. e

     a swab taken from any part of a person's body except a person's genitals (including pubic hair) or a person's body orifice other than the mouth;

  6. f

     a skin impression;

• “specified Class A drug” and “specified Class B drug” have the same meanings as in Part 3 of the Criminal Justice and Court Services Act 2000 (see section 70 of that Act);

• “testing place” means—

  1. a

     a police station, or

  2. b

     a place prescribed, or of a description prescribed, by regulations made by the Secretary of State.

3

Regulations under sub-paragraph (2) are to be made by statutory instrument.

4

Regulations under sub-paragraph (2) may make—

a

different provision for different purposes or different areas;

b

incidental, supplemental, consequential, saving or transitional provision.

5

A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

cb

a decision by an authorised person to give a direction by virtue of paragraph 10ZB(1)(b) of Schedule 1 (drug testing measure);