OpenLegislation

The Blood Tests (Evidence of Paternity) (Amendment) Regulations 2008

S.I. 2008/972 · Made 3 April 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Evidence

Made 3rd April 2008

Laid before Parliament 3rd April 2008

Coming into force 25th April 2008

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by section 22(1) of the Family Law Reform Act 1969f1, and now vested in himf2:

Annotations to the whole text

Footnotes

f1

1969 c.46; section 22 was amended by the Family Law Reform Act 1987 (c.42), Schedule 2, paragraph 23 and by the Child Support, Pensions and Social Security Act 2000 (c.19), section 82.

f2

S.I. 1992/709, article 3 and Schedule 2.

Contents

  1. 1Citation, commencement, interpretation and transitional provisions
  2. 2Citation, commencement, interpretation and transitional provisions
  3. 3Citation, commencement, interpretation and transitional provisions
  4. 4Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  5. 5Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  6. 6Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  7. 7Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  8. 8Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  9. 9Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  10. 10Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  11. 11Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  12. 12Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  13. 13Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  14. 14Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  15. 15Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
  16. Signature
  17. Explanatory note

1Citation, commencement, interpretation and transitional provisions

These Regulations may be cited as the Blood Tests (Evidence of Paternity) (Amendment) Regulations 2008 and shall come into force on 25th April 2008.

2Citation, commencement, interpretation and transitional provisions

In these Regulations —

(a)

a reference to a regulation by number alone is a reference to the regulations so numbered in the Blood Tests (Evidence of Paternity) Regulations 1971f1; and

(b)

a reference to a form by number alone means the form so numbered in Schedule 1 to those Regulations.

3Citation, commencement, interpretation and transitional provisions

These Regulations apply in relation to directions given by the court under section 20(1) of the Family Law Reform Act 1969f1 on or after 25th April 2008.

4Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 2—

(a)

in paragraph (1), after the definition of “photograph” insert—

  • ““protected party” means a person who lacks capacity, within the meaning of the Mental Capacity Act 2005f1, to consent to tests”; and

(b)

omit paragraph (2).

5Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

For the heading to regulation 4, substitute—

“Subject who is under 16 or a protected party to be accompanied to sampler”.

6Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 4, for “under a disability”, substitute “under 16 or a protected party”.

7Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

For regulation 6(2), substitute—

“(2)

The sampler shall ensure that a photograph of the subject is attached to the direction form relating to him before he takes a sample from that subject.”.

8Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 6(3), (5) and (7), for “under a disability”, wherever it occurs, substitute “under 16 or a protected party”.

9Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 6(8), after “suitable”, insert “,tamper-proof,”.

10Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 7(1), for “recorded delivery”, substitute “recorded signed for delivery or international signed for delivery”.

11Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

For regulation 8A(1) substitute—

“(1)

Subject to paragraph (2), a body shall not be eligible for accreditation for the purposes of section 20 of the Act unless it is accredited to ISO/IEC17025f1 by—

(a)

a Full Member of the International Laboratory Accreditation Cooperation (“ILAC”); or

(b)

a body that is a signatory to an ILAC Recognised Regional Cooperation Body.”.

12Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 12(1), for “£27.50”, substitute “£37.90”.

13Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In Form 1—

(a)

in Part 1, for “suffering from a mental disorder within the meaning of the Mental Health Act 1959 and is incapable of understanding the nature and purpose of scientific tests” substitute “a protected party”;

(b)

in Part III, omit “,being a person who has attained the age of twelve months”;

(c)

in Part IV, for “suffering from mental disability” substitute “a protected party”;

(d)

in Parts V and VI, for “suffering from a mental disability”, wherever it occurs, substitute “a protected party”; and

(e)

in Part IX, for “recorded delivery” substitute “recorded signed for delivery/international signed for delivery”.

14Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In Form 2, for “by a body” substitute “by………………….(name of accredited body) being a body”.

15Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In Forms 1 and 2, immediately below “…………(Signed)”, wherever it appears, insert “………… (Print)”.

Signature

Signed on behalf of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

3rd April 2008

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Blood Tests (Evidence of Paternity) Regulations 1971 to bring the terminology into line with that used by the Mental Capacity Act 2005 (c.9). Further minor changes have been made as follows—

to remove the exception that a photograph is not required for a subject under the age of 12 months;

to update the references to postal delivery to refer to recorded signed for and to include international signed for;

to require samples to be sent in tamper proof containers;

to amend the accreditation requirements to allow a body to be eligible for accreditation if it is accredited to the relevant standard by a body that is a signatory to an ILAC Recognised Regional Cooperation Body; and

to increase the sampler’s fee.