Explanatory note

The Armed Forces Act 2006 (c. 52) (“the 2006 Act”) creates a power to test for drugs and alcohol in relation to the performance of safety-critical duties, and section 20A of the 2006 Act makes it an offence to have more than a prescribed level of alcohol in the body when a person is performing or might reasonably expect to be called on to perform a prescribed safety-critical duty.

Regulation 3 prescribes higher and lower limits for alcohol in breath, blood and urine.

Regulation 4 prescribes the duties which are subject to the higher alcohol limit, and regulation 5 prescribes the duties which are subject to the lower alcohol limit.

Under section 93F of the 2006 Act a person who has provided a specimen of breath for testing may require it to be replaced with a blood or urine specimen, if the specimen of breath contains no more than a prescribed proportion of alcohol. Regulation 6 prescribes the proportion of alcohol. The proportion prescribed depends on the offence for which the person suspected is being tested.