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Section 305 Random drug testingI1I2

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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 F1....

(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 F2... imposed in respect of the offence must not exceed F3six months.

Annotations

Textual amendments

F1

Words in s. 305(2)(b) repealed (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 11(b), Sch. 5; S.I. 2013/2501, art. 3(d)(e)

F2

Words in s. 305(5) repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 15(1), 32(3), Sch. 5; S.I. 2012/669, art. 4(a)(f)(ii) (with art. 8)

F3

Words in s. 305(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 76 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F4

S. 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)

Commencement

I1

S. 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)

I2

S. 305 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)