SCHEDULES

SCHEDULE 11Enforcement of transport legislation

PART 1Drink and drug driving offences

Further extension of role of health care professionals: road and rail transport

I17

The Road Traffic Act 1988 is amended in accordance with paragraphs 8 and 9.

I28

1

Section 7A (specimens of blood taken from persons incapable of consenting) is amended as follows.

2

In subsections (1) and (2)(a), for “a medical practitioner” substitute “ a medical or health care practitioner ”.

3

In subsection (2)(b), for “a medical practitioner other than a police medical practitioner” substitute “ a practitioner other than a police medical or health care practitioner ”.

4

In subsection (2)(b)(i), for “to made to a police medical practitioner” substitute “ to be made to a police medical or health care practitioner ”.

5

In subsection (2)(b)(ii), omit “medical”.

6

In subsection (3), for “a medical practitioner” substitute “ a medical or health care practitioner ”.

7

For subsection (7) substitute—

7

In this section—

  • “medical or health care practitioner” means a medical practitioner or a registered health care professional;

  • “police medical or health care practitioner” means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force.

I39

In section 11 (interpretation), in subsection (4) (providing a specimen of blood), omit “by a medical practitioner or, if it is taken in a police station,”.

I410

In consequence of paragraphs 8 and 9, in section 15 of the Road Traffic Offenders Act 1988 (use of specimens in proceedings for certain offences under the Road Traffic Act), in subsection (4) (circumstances in which specimen of blood is to be disregarded)—

a

in paragraph (a), for the words from “and either” to the end of the paragraph substitute “ by a medical practitioner or a registered health care professional ”;

b

in paragraph (b), after “medical practitioner” insert “ or a registered health care professional ”.

I511

The Transport and Works Act 1992 is amended in accordance with paragraphs 12 and 13.

I612

1

Section 31A (specimens of blood taken from persons incapable of consenting) is amended as follows.

2

In subsections (1) and (2)(a), for “a medical practitioner” substitute “ a medical or health care practitioner ”.

3

In subsection (2)(b), for “a medical practitioner other than a police medical practitioner” substitute “ a practitioner other than a police medical or health care practitioner ”.

4

In subsection (2)(b)(i), for “to made to a police medical practitioner” substitute “ to be made to a police medical or health care practitioner ”.

5

In subsection (2)(b)(ii), omit “medical”.

6

In subsection (3), for “a medical practitioner” substitute “ a medical or health care practitioner ”.

7

For subsection (7) substitute—

7

In this section—

  • “medical or health care practitioner” means a medical practitioner or a registered health care professional;

  • “police medical or health care practitioner” means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force.

I713

In section 38 (interpretation of Chapter 1), in subsection (5)(b) (providing a specimen of blood), omit “by a medical practitioner or, if it is taken in a police station,”.