Section 4 Check-point breath tests: further provisionI1

(1)

The Order of 1995 is amended as follows.

(2)

In Article 13(3) (what constitutes co-operation with preliminary test), after “a preliminary test” insert “ or check-point breath test ”.

(3)

In Article 17D (arrest following preliminary breath test)—

(a)

in paragraph (1), after “a preliminary breath test” insert “ or check-point breath test ”,

(b)

in paragraph (2), in sub-paragraph (a), after “Article 17” insert “ or a check-point breath test under Article 17CA ”,

(c)

in paragraph (2A), after “the preliminary test” insert “ or check-point breath test ”.

(4)

In Article 18 (provision of specimens for analysis)—

(a)

after paragraph (1), insert—

“(1A)
A constable may, subject to the following provisions of thisArticle, require a person whom he may require to co-operate with a check-point breath test under Article 17CA—
(a)
to provide 2 specimens of breath for analysis by means of a device mentioned in paragraph (1)(a), or
(b)
to provide a specimen of blood or urine for a laboratory test.”,

(b)

in paragraph (3), after “paragraph (1)(a)” insert “ or (1A)(a) ”,

(c)

in paragraph (4), after “(1)(b)” insert “ or (1A)(b) ”.

Annotations

Commencement

I1: S. 4 in operation at 25.11.2016 by S.R. 2016/399, art. 2, Sch.