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Statutory Instrument 2001 No. 2645

The Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001

(The document as of February, 2008)

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STATUTORY INSTRUMENTS


2001 No. 2645


POLICE


The Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001


 Made18th July 2001 
 Coming into force19th July 2001 

The Secretary of State, in exercise of the powers conferred on him by section 63B(6) of the Police and Criminal Evidence Act 1984[1], hereby makes the following Regulations, a draft of which has been laid before Parliament and has been approved by resolution of each House in accordance with section 63B(6) of that Act:

    1.These Regulations may be cited as the Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001 and shall come into force on the day after the day on which they are made.

    2. - (1) The following are prescribed persons for the purposes of section 63B(6) of the Police and Criminal Evidence Act 1984:

    (a) a police officer;

    (b) a person employed by a police authority or police force whose contractual duties include taking samples for the purpose of testing for the presence of specified Class A drugs[2];

    (c) a person employed by a contractor engaged by a police authority or police force whose duties include taking samples for the purpose of testing for the presence of specified Class A drugs.

    (2) In sub-paragraph (1)(c) above, "contractor" means any person or body obliged, under any of the terms of a contract with a police authority or a police force, to provide, when required, the service of taking samples for the purpose of testing for the presence of specified Class A drugs.


Bob Ainsworth
Parliamentary Under-Secretary of State

Home Office
18th July 2001



EXPLANATORY NOTE

(This note is not part of the Regulations)


Section 63B of the Police and Criminal Evidence Act 1984, which was inserted into that Act by section 57 of the Criminal Justice and Court Services Act 2000, gives police officers the power to request persons in police detention to give samples of urine or non-intimate samples for the purpose of testing for the presence of specified Class A drugs in the circumstances set out in that section. Regulation 2 of these Regulations prescribes the persons who may take samples for the purposes of such tests.


Notes:

[1] 1984 c. 60. Section 63B was inserted into the Police and Criminal Evidence Act 1984 by section 57 of the Criminal Justice and Court Services Act 2000 (c. 43).back

[2] The current definition of specified Class A drugs is set out in the Criminal Justice (Specified Class A Drugs) Order 2001 (S.I. 2001/1816).back



ISBN 0 11 029767 9


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