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The Road Traffic Act 1988 (Prescribed Limit) (Scotland) Regulations 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111024478

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 195(4A) of the Road Traffic Act 1988 for approval by resolution of the Scottish Parliament.

Road Traffic, Scotland

Made

Coming into force 5th December 2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 8(3) and (4)(b) and 11(2) and (2ZA)(b) of the Road Traffic Act 1988f1 and all other powers enabling them to do so.

Representative organisations have been consulted in accordance with section 195(2A)f2 of that Act.

In accordance with section 195(4A) of that Actf3, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

1988 c.52; sections 8 and 11 were amended by the Scotland Act 2012 (c.11) (“the 2012 Act”), section 20.

f2

Section 195(2A) was inserted by the 2012 Act, section 20.

f3

Section 195(4A) was inserted by the 2012 Act, section 20. The requirements of the affirmative procedure are specified in the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), section 29.

Contents

  1. 1Citation and commencement
  2. 2Prescription of proportion of alcohol
  3. 3Proportion of alcohol for replacement of breath specimen
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Road Traffic Act 1988 (Prescribed Limit) (Scotland) Regulations 2014 and come into force on 5th December 2014.

2Prescription of proportion of alcohol

For the purpose of the definition of “the prescribed limit” in section 11(2) of The Road Traffic Act 1988, the prescribed proportion in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland, is—

(a)

22 microgrammes of alcohol in 100 millilitres of breath;

(b)

50 milligrammes of alcohol in 100 millilitres of blood; or

(c)

67 milligrammes of alcohol in 100 millilitres of urine.

3Proportion of alcohol for replacement of breath specimen

(1)

In section 8(2) of the Road Traffic Act 1988, for “50 microgrammes of alcohol in 100 millilitres of breath” substitute “31 microgrammes of alcohol in 100 millilitres of breath”.

(2)

This regulation applies in relation to cases where the suspected offence is an offence committed in Scotland.

Signature

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations relate to the limits on the proportion of alcohol present in the breath, blood and urine set by the Road Traffic Act 1988. Regulation 2 prescribes new, lower limits for the purpose of the definition of “the prescribed limit” in section 11(2) as it applies in relation to driving, attempting to drive, or being in charge of a vehicle in Scotland. Regulation 3 makes a consequential amendment to section 8(2) in relation to the circumstances in which a person can elect to have a specimen of breath replaced with a specimen of blood or urine.