Part 3: Prevention and investigation of terrorism Section 39: TPIMs: drug testing measure
Section 39 inserts a new measure into Schedule 1 TPIMA 2011: a drug testing measure. If imposed, a TPIM subject would be required to submit to drug testing by way of providing a relevant sample. As with the other measures in Schedule 1, this measure may only be imposed if Condition D in section 3 of the Act is met (or by way of variation under section 12).
	Testing is limited to testing for the presence of specified Class A and B drugs. Those drugs are the same as the Class A and B drugs specified in the Criminal Justice and Court Services Act 2000.
	The definition of "permitted sample" in new paragraph 10ZB(2) of TPIMA 2011 sets out an exhaustive list of the non-intimate samples which may be taken, mirroring the definition of "non-intimate sample" in section 65 of the Police and Criminal Evidence Act 1984.
	Drug testing under this section may only be carried out by a constable at a police station, but new paragraph 10ZB(2) contains a power for the Secretary of State to make regulations prescribing additional or alternative testers and places of testing. Paragraph 10ZB(4) provides that these regulations may make different provision for different purposes or areas, and incidental or supplemental provision.
	Section 39(2) provides that directions given to TPIM subjects by persons authorised to take samples for drug-testing purposes are "TPIM decisions" and so cannot be questioned in legal proceedings other than in the High Court (or, in Scotland, the Outer House of the Court of Session and, in Northern Ireland, the High Court in Northern Ireland).