Road Traffic Act 1961

the police officer who takes a sample of oral fluid for the purposes of an oral fluid analysis must—

place the sample of oral fluid (and any reagent or other substance required by the regulations to be added to the sample) in approximately equal proportions, in 2 separate containers marked with an identification number distinguishing the sample from other samples of oral fluid and seal the containers; and

give to the person from whom the sample was taken a notice in writing—

advising that the sample has been taken under section 47EAA(2);

advising that a container containing part of the sample and marked with the identification number specified in the notice will be available for collection by or on behalf of the person at a specified place; and

containing any other information prescribed by the regulations; and

complete and sign a certificate containing the information required under paragraph (d);

each container must contain a sufficient quantity of oral fluid to enable an analysis to be made of the presence of a prescribed drug in the oral fluid;

it is the duty of the police officer who takes the sample of oral fluid for the purposes of the oral fluid analysis to take such measures as are reasonably practicable in the circumstances to ensure that the sample is not adulterated (other than as required under paragraph (a)) and does not deteriorate so as to prevent a proper analysis of the presence of a prescribed drug in the oral fluid;

the certificate referred to in paragraph (a) must state—

the identification number of the sample marked on the containers referred to in that paragraph; and

the name and address of the person from whom the sample was taken; and

the identification number of the police officer by whom the sample was taken; and

the date, time and place at which the sample was taken; and

that the police officer gave the notice referred to in that paragraph to the person from whom the sample was taken;

one of the containers containing the sample must—

as soon as reasonably practicable be taken by a police officer or an approved courier to the place specified in the notice given to the person under paragraph (a);

be kept available at that place for collection by or on behalf of the person for the period prescribed by the regulations;

after analysis of the sample in a container referred to in paragraph (a), the analyst who performed or supervised the analysis must sign a certificate containing the following information:

the identification number of the sample marked on the container;

the name and professional qualifications of the analyst;

the date on which the sample was received in the laboratory in which the analysis was performed;

the information required by the regulations in relation to any prescribed drug or drugs found to be present in the sample;

any factors relating to the sample or the analysis that might, in the opinion of the analyst, adversely affect the accuracy or validity of the analysis;

any other information relating to the sample or analysis or both that the analyst thinks fit to include;

on completion of an analysis of a sample, the certificate of the analyst who performed or supervised the analysis must be retained on behalf of the Minister and copies of the certificates must be sent—

to the Commissioner of Police; and

to the person from whom the sample was taken or, if the person is dead, a relative or personal representative of the deceased;

if the whereabouts of the person from whom the sample is taken, or (that person being dead) the identity or whereabouts of a relative or personal representative of the deceased is unknown, there is no obligation to comply with paragraph (g)(ii) but copies of the certificates must, on application made within 3 years after completion of the analysis, be furnished to any person to whom they should, but for this paragraph, have been sent.