(15B)Certificate of failure to provide breath or saliva specimen#

If a person who is required under subsection (8) or (8C) to provide a specimen of the person’s breath for analysis or saliva for saliva analysis fails to do so as prescribed by that subsection, the doctor or authorised police officer operating or to operate the breath analysing instrument or the police officer operating or to operate the saliva analysing instrument must, as soon as practicable after the person fails to provide the specimen, sign 2 copies of a certificate in writing stating—

1. (a)the full name of the person concerned; and
2. (b)the name of the police officer who made the requisition; and
3. (ba)whether the requisition was for a specimen of the person’s breath for analysis or saliva for saliva analysis; and
4. (c)the name of the operator of the breath analysing instrument or saliva analysing instrument; and
5. (d)the name and patent number or name and model number appearing on the breath analysing instrument or saliva analysing instrument; and
6. (e)that the person concerned failed to provide as prescribed by that subsection a specimen of breath or saliva when required;

and must—

1. (g)either—
2. (i)if the operator of the breath analysing instrument is the police officer who made the requisition—retain 1 copy of the certificate; or
3. (ii)otherwise—deliver 1 copy of the certificate to the police officer who made the requisition; and
4. (h)deliver the other copy to the person who failed to provide as prescribed the specimen of breath or saliva when required (or to another person on behalf of that person on request by that other person).