Page 3029 - Week 07 - Wednesday, 30 June 2010

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(4) The analyst must take reasonable care to ensure that a part of the sample sufficient for analysis to be carried out by or for the person who gave the sample (the tested person) is protected and preserved until—

(a) if a request is made under subsection (5)—the tested person receives the part of the sample; or

(b) in any other case—6 months have passed since the tested person gave the sample.

(5) Within 6 months after the sample is given, the tested person, or another person authorised by the tested person, may request that a part of the sample sufficient for analysis be made available to the tested person as soon as practicable.

(6) If a request is made under subsection (5), the analyst must—

(a) ensure that a part of the sample sufficient for analysis is made available to the tested person as soon as practicable; and

(b) give reasonable assistance to the tested person to ensure that the sample is protected and preserved until it is analysed.

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