The Armed Forces (Alcohol Limits for Prescribed Safety-Critical Duties) Regulations 2013
UK Statutory Instrument 2013 No. 2787 — creates 3 criminal offences.
- Made
- 11 September 2013
- In force from
- 1 November 2013
- Extent
- Not stated
- Subject
- Alcohol licensing, gambling, smoke-free and public health
- Made under
- Armed Forces Act 2006, In accordance with section 373(3)(d) of the Armed Forces Act 2006
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
The Armed Forces Act 2006 (c. 52) (“the 2006 Act”) creates a power to test for drugs and alcohol in relation to the performance of safety-critical duties, and section 20A of the 2006 Act makes it an offence to have more than a prescribed level of alcohol in the body when a person is performing or might reasonably expect to be called on to perform a prescribed safety-critical duty. Regulation 3 prescribes higher and lower limits for alcohol in breath, blood and urine. Regulation 4 prescribes the duties which are subject to the higher alcohol limit, and regulation 5 prescribes the duties which are subject to the lower alcohol limit. Under section 93F of the 2006 Act a person who has provided a specimen of breath for testing may require it to be replaced with a blood or urine specimen, if the specimen of breath contains no more than a prescribed proportion of alcohol. Regulation 6 prescribes the proportion of alcohol. The proportion prescribed depends on the offence for which the person suspected is being tested.
Offences created by this instrument
- Prescribed proportions of alcohol for replacement of specimens of breath regulation 6 · Status not determined · Strict liability
- Prescribed proportions of alcohol for replacement of specimens of breath regulation 6(c) · Status not determined · Strict liability
- Prescribed proportions of alcohol for replacement of specimens of breath regulation 6(d) · Status not determined · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Armed Forces Act (Continuation) Order 2013
Lords · Lords Chamber · 24 July 2013 · The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Astor of Hever)
The two instruments for our consideration today are the Armed Forces Act (Continuation) Order 2013 and the Armed Forces (Alcohol Limits for Prescribed Safety-Critical Duties) Regulations 2013. As is customary, I should like to say a few words in support of each of them, starting with the continuation order. The purpose of this order is to continue in force the legislation governing the Armed Forces for a further period of one year until the end of 2 November 2014. Though a small item of business, this order is crucial to ensuring that the Armed Forces Act 2006 remains in force. As noble…
- Armed Forces (Alcohol Limits for Prescribed Safety-Critical Duties) Regulations 2013 Lords · Lords Chamber · 24 July 2013
- Business without Debate
Commons · Commons Chamber · 11 September 2013
That the draft Armed Forces (Alcohol Limits for Prescribed Safety-Critical Duties) Regulations 2013, which were laid before this House on 1 July, be approved. —(Mr Swayne.)
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2013