Road Traffic Act 2016
Amendment of section 20 of Act of 2010 - presumptions relating to designated doctor or nurse
17. Section 20 of the Act of 2010 is amended by substituting for subsections (4) and (5) the following:
“(4) In a prosecution for an offence under section 4, 5, 12, 13B or 14 it shall be presumed until the contrary is shown that each of the following persons is a designated doctor or designated nurse:
(a) a person who by virtue of powers conferred on him or her by Chapter 4 took from another person a specimen of that other person’s blood or was provided by another person with a specimen of that other person’s urine;
(b) a person for whom, following a requirement under section 12(1), 13B(1) or 14(1) to permit the taking by him or her of a specimen of blood, there was a refusal or failure to give such permission or to comply with a requirement of his or hers in relation to the taking of such a specimen;
(c) a person for whom, following a requirement under section 12(1) or 14(1) to provide for him or her a specimen of urine, there was a refusal or failure to provide such a specimen or to comply with a requirement of his or hers in relation to the provision of such a specimen.
(5) Where, under section 12, 13B or 14, a designated doctor or designated nurse states in writing that he or she is unwilling, on medical grounds, to take from a person a specimen of his or her blood or be provided by him or her with a specimen of his or her urine, the statement signed by the doctor shall, in any proceedings under the Road Traffic Acts 1961 to 2016, be sufficient evidence, until the contrary is shown, of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it.”.