Section 93A Commanding officer's power to require preliminary testsF1

United Kingdom

(F2A1)

This section applies in the situations described in subsections (1) to (3C).

(1)

F3The first situation is where the commanding officer of a person subject to service law has reasonable cause to believe that that person—

(a)

is committing a F4safety-critical duty offence; or

(b)

has committed F5such an offence and still has alcohol or a drug in the body or is still under the influence of a drug.

F6(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

F7The second situation is where the commanding officer of a person who is a civilian subject to service discipline has reasonable cause to believe that that person—

(a)

is committing an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 78, 79, 92 or 93 of the Railways and Transport Safety Act 2003 (maritime and aviation offences); or

(b)

has committed such an offence under section 42 and still has alcohol or a drug in the body or is still under the influence of a drug.

(F83A)

The third situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—

(a)

there has been an accident involving an aircraft or a ship; and

(b)

at the time of the accident, the person was carrying out an aviation function in relation to the aircraft or a marine function in relation to the ship.

(3B)

The fourth situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—

(a)

there has been an accident involving an aircraft or a ship;

(b)

before the accident, the person carried out an aviation function in relation to the aircraft or a marine function in relation to the ship; and

(c)

it is possible that the carrying out of the function by the person may have caused or contributed to—

(i)

the occurrence of the accident;

(ii)

any death, injury to a person, damage to property or environmental harm resulting from the accident; or

(iii)

any risk of death or of such injury, damage or harm created by the accident.

(3C)

The fifth situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—

(a)

there has been an accident which resulted in or created a risk of—

(i)

death;

(ii)

serious injury to any person;

(iii)

serious damage to property; or

(iv)

serious environmental harm;

(b)

the person—

(i)

was carrying out a safety-critical function at the time of the accident; or

(ii)

carried out a safety-critical function before the accident; and

(c)

it is possible that the carrying out of the safety-critical function by the person may have caused or contributed to—

(i)

the occurrence of the accident;

(ii)

the death, injury, damage or harm; or

(iii)

the risk of death, injury, damage or harm.

(4)

F9Where this section applies, the commanding officer may require the person mentioned in F10subsection (1), (3), (3A), (3B) or (3C) (“the affected person”) to co-operate with any one or more of—

(a)

a preliminary breath test (see section 93B);

(b)

a preliminary impairment test (see section 93C);

(c)

a preliminary drug test (see section 93D).

(5)

The Defence Council may by regulations provide for the delegation by a commanding officer of the commanding officer's functions under this section.

(6)

A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (4) commits an offence.

(7)

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 imposed in respect of the offence must not exceed two years.

(8)

For the purposes of this section, a person does not co-operate with a preliminary test unless the person's co-operation—

(a)

is sufficient to enable the test to be carried out; and

(b)

is provided in such a way as to enable the objective of the test to be satisfactorily achieved.

Annotations

Textual amendments

F1: Pt. 3 Ch. 3A inserted (8.3.2012 for specified purposes, 1.11.2013 in so far as not already in force) by Armed Forces Act 2011 (c. 18), ss. 11(1), 32(3); S.I. 2012/669, art. 3(c); S.I. 2013/2501, art. 3(b)
F2: S. 93A(A1) inserted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(2)(a), 19(1); S.I. 2018/876, reg. 2(a)(b)
F3: Words in s. 93A(1) substituted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(2)(b), 19(1); S.I. 2018/876, reg. 2(a)(b)
F4: Words in s. 93A(1)(a) substituted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(2)(c), 19(1); S.I. 2018/876, reg. 2(a)(b)
F5: Words in s. 93A(1)(b) substituted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(2)(d), 19(1); S.I. 2018/876, reg. 2(a)(b)
F6: S. 93A(2) omitted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by virtue of Armed Forces Act 2016 (c. 21), ss. 2(2)(e), 19(1); S.I. 2018/876, reg. 2(a)(b)
F7: Words in s. 93A(3) substituted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(2)(f), 19(1); S.I. 2018/876, reg. 2(a)(b)
F8: S. 93A(3A)-(3C) inserted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(2)(g), 19(1); S.I. 2018/876, reg. 2(a)(b)
F9: Words in s. 93A(4) inserted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(2)(h)(i), 19(1); S.I. 2018/876, reg. 2(a)(b)
F10: Words in s. 93A(4) substituted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(2)(h)(ii), 19(1); S.I. 2018/876, reg. 2(a)(b)

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)

Notes on Part 3

Modifications

C1: Pt. 3 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3

Notes on Chapter 3A

Textual amendments

F2: Words in Pt. 3 Ch. 3A heading substituted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(1), 19(1); S.I. 2018/876, reg. 2(a)(b)