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Section 93C Preliminary impairment test

United Kingdom

(1)

F1A preliminary impairment test is a procedure under which a service policeman—

(a)

observes the F2affected person performing tasks specified by the service policeman; and

(b)

makes such other observations of the F3affected person's physical state as the service policeman thinks expedient.

(2)

A preliminary impairment test may be administered only—

(a)

at or near the place where the requirement to co-operate with the test is imposed;

(b)

at a service police establishment determined by the service policeman; or

(c)

at a medical establishment.

(3)

The Provost Marshals (acting jointly) must issue, and may from time to time revise, a code of practice about—

(a)

the kind of task that may be specified for the purposes of a preliminary impairment test;

(b)

the kind of observation of physical state that may be made in the course of a preliminary impairment test;

(c)

the way in which a preliminary impairment test should be administered; and

(d)

the inferences that may be drawn by a service policeman from observations made in the course of a preliminary impairment test.

(4)

In subsection (3) “the Provost Marshals” F4means—

(a)

the Provost Marshals of each of the service police forces, and

(b)

the Provost Marshal for serious crime.

(5)

A service policeman administering a preliminary impairment test must have regard to the code of practice.

(6)

A service policeman may administer a preliminary impairment test only if the service policeman is approved for that purpose by a Provost Marshal of a service police force F5or the Provost Marshal for serious crime.

(7)

A code of practice under this section may include provision about—

(a)

the giving of approval under subsection (6); and

(b)

in particular, the kind of training that a service policeman should have undergone, or the kind of qualification that a service policeman should possess, before being approved under that subsection.

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

Word in s. 93C(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(5), 19(1); S.I. 2018/876, reg. 2(a)(b)

F3

Word in s. 93C(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(5), 19(1); S.I. 2018/876, reg. 2(a)(b)

F4

S. 93C(4)(a)(b) substituted for words (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 25(2); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F5

Words in s. 93C(6) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 25(3); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 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)