Regulation 2 Police TraineesI1

The Police Trainee Regulations (Northern Ireland) 2001^f1 shall be amended as follows.

In regulation 2 (interpretation) after the definition of “the Board” insert—

• ““controlled drug” has the same meaning as in the Misuse of Drugs Act 1971^f2;”.

In regulation 2B (fitness for appointment as a police trainee) after paragraph (2) insert—

“(3)

A person is not fitted for appointment unless he passes a test for evidence of controlled drugs.

(4)

For the purposes of paragraph (3) a person passes a test if—

(a)

a sample of his saliva, urine, blood, or hair (other than pubic hair) is taken and tested for evidence of controlled drugs in accordance with such procedures as may be determined by the Secretary of State, and

(b)

he is not found to have taken any controlled drugs.

(5)

The Chief Constable may specify the circumstances in which a person who provides evidence that he has been subject to drug testing procedures other than those established under paragraph (4) may be deemed to have passed a test for the purposes of paragraph (3).

(6)

A determination under paragraph (4) may make different provision for different cases and circumstances.”

In regulation 6 (termination of the period of service of a police trainee) after paragraph (1)(f) insert—

• “; or

  1. (g)

     the police trainee is found to have taken a controlled drug under regulation 6A(3)(b), or fails to give a sample as required under regulation 6A(1).”

After regulation 6 insert—

“Testing for evidence of drugs and alcohol

6A

(1)

The Chief Constable may require any police trainee to give a sample of saliva, urine, blood, or hair (other than pubic hair) to be tested for evidence of controlled drugs in accordance with procedures determined by the Secretary of State.

(2)

The Chief Constable may require any police trainee to give a sample of breath to be tested for evidence of alcohol in accordance with procedures determined by the Secretary of State.

(3)

A police trainee who—

(a)

fails to give a sample under paragraph (1) or (2), or

(b)

on giving a sample under paragraph (1), is found to have taken a controlled drug, or

(c)

on giving a sample under paragraph (2), is found to have more than 13 microgrammes of alcohol in 100 millilitres of breath,

shall face such consequences as are specified in regulation 6(1) or in standing orders made under regulation 7.

(4)

A determination under paragraph (1) or (2) may make different provision for different cases and circumstances.”

In regulation 8 (delegation of functions of Chief Constable) after paragraph (d) insert—

“(da)

regulation 6A (testing for evidence of drugs and alcohol);”.