Policing, Security and Community Safety Act 2024
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Regulations relating to establishment, maintenance and operation of regime of testing for controlled drugs and psychoactive substances | ||
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255. (1) Subject to section 252 (2), the Minister may, having consulted with the Garda Commissioner and the Authority, make regulations for the establishment, maintenance and operation of a regime of testing in relation to An Garda Síochána for controlled drugs and psychoactive substances, which may provide for— | ||
(a) subject to paragraph (b), a prohibition on the presence of controlled drugs or psychoactive substances above a specified concentration in a sample, | ||
(b) the procedures to be followed where a person is exposed to a controlled drug or psychoactive substance in the course of and as a result of his or her functions or employment, | ||
(c) the taking of samples, | ||
(d) a prohibition on tampering with a sample, | ||
(e) subject to subsection (2), the persons from whom a sample may be taken for testing, | ||
(f) the persons who may be permitted to take a sample, | ||
(g) the information to be provided to a person required to provide a sample, | ||
(h) matters with regard to the testing and analysis of samples, | ||
(i) the reasons for testing, which may include— | ||
(i) pre-employment testing, | ||
(ii) testing of persons admitted as trainees in accordance with section 53 , | ||
(iii) random testing, | ||
(iv) targeted drug testing, | ||
(v) with-cause testing, or | ||
(vi) post-incident testing, | ||
(j) the concentration of a controlled drug or psychoactive substance required to be present to yield a positive result in a sample, | ||
(k) how samples are to be stored, | ||
(l) the period during which samples may be stored, and | ||
(m) the reviewing of test results. | ||
(2) A regime of testing established, maintained and operated pursuant to regulations under subsection (1) may apply in respect of such of the following persons as may be specified in the regulations: | ||
(a) applicants seeking appointment to the position of a member of An Garda Síochána; | ||
(b) persons admitted as trainees in accordance with section 53 ; | ||
(c) members of An Garda Síochána; | ||
(d) persons seconded to An Garda Síochána pursuant to an agreement under section 93 ; | ||
(e) members of garda staff. | ||
(3) Regulations under subsection (1) may make different provision for different categories of persons in respect of whom they may apply pursuant to subsection (2). |