Article 20 Protection for hospital patients
Northern Ireland
While a person is at a hospital as a patient he shall not be required F1to co-operate with a preliminary test, or to provide a specimen of blood or urine F2under Article 18, unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement; and—
if the requirement is then made, F3it shall be for co-operation with a test administered, or for the provision of a specimen, at the hospital, but
if the medical practitioner objects on the ground specified in paragraph (2), the requirement shall not be made.
While a person is at a hospital as a patient, no specimen of blood shall be taken from him under Article 18A and he shall not be required to give his permission for a laboratory test of a specimen taken under that Article unless the medical practitioner in immediate charge of his case—
has been notified of the proposal to take the specimen or to make the requirement; and
has not objected on the ground specified in paragraph (2).
The ground on which the medical practitioner may object is—
in a case falling within paragraph (1), that the requirement or the provision of the specimen or (if one is required) the warning required by Article 18(8) would be prejudicial to the proper care and treatment of the patient; and
in a case falling within paragraph (1A), that the taking of the specimen, the requirement or the warning required by Article 18A(5) would be so prejudicial.
Annotations
Textual amendments
- F1
Words in art. 20(1) substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 12(a); S.R. 2007/454, art. 2, Sch.
- F2
Words in art. 20(1) substituted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 59(7); S.R. 2008/293, art. 2, Sch.
- F3
Words in art. 20(1)(a) substituted (15.11.2007) by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 86(1), Sch. 7 para. 12(b); S.R. 2007/454, art. 2, Sch.
- F4