LegalizeThe Road Traffic (Amendment) (2016 Act) (Commencement No. 2) Order (Northern Ireland) 2020
Made: 5th November 2020
The Department for Infrastructure[^f00001] makes the following Order in exercise of the powers conferred by section 26(1) of the Road Traffic (Amendment) Act (Northern Ireland) 2016[^f00002] and vested in it[^f00003].
Citation
1
This Order may be cited as the Road Traffic (Amendment) (2016 Act) (Commencement No. 2) Order (Northern Ireland) 2020.
Appointed Day
2
The day appointed for the coming into operation of the provisions of the Road Traffic (Amendment) Act (Northern Ireland) 2016, specified in the Schedule, shall be 9th November 2020.
SCHEDULE — Provisions of the Road Traffic (Amendment) Act (Northern Ireland) 2016 coming into operation on the 9th November 2020
| Provisions of the Act | Subject Matter |
|---|---|
| Section 6 | Choice of specimens |
Signed
Sealed with the Official Seal of the Department for Infrastructure on 5th November 2020
Chris Hughes — A senior officer of the — Department for Infrastructure
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This order brings into operation on the 9th November 2020 the provisions of the Road Traffic (Amendment) Act (Northern Ireland) 2016 specified in the Schedule.
Section 6 amends Article 19 (choice of specimens of breath) of the Road Traffic (Northern Ireland) Order 1995[^f00004] by removing the option (commonly called ‘the statutory option’) whereby a driver had a right to opt for a blood or urine specimen to replace a breath specimen indicating the proportion of alcohol in their breath if their breath test was marginally over the prescribed limit.
Footnotes
[^f00001]: Formerly the Department for Regional Development; see section 1(6) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment is dissolved
[^f00002]: 2016 c. 11 (N.I.)
[^f00003]: See Article 8(1)(b) of, and Part 2 of Schedule 5 to, the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76)
[^f00004]: S.I. 1995 No. 2994 (N.I. 18)
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