# The Blood Tests (Evidence of Paternity) (Amendment) Regulations 2008 S.I. 2008/972 · made 3 April 2008 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— Made under: Family Law Reform Act 1969 (Section 22) PDFs: Printed copy https://openlegislation.uk/blood-tests-evidence-of-paternity-amendment-regulations-2008/pdf/uksi_20080972_en.pdf; Explanatory Memorandum https://openlegislation.uk/blood-tests-evidence-of-paternity-amendment-regulations-2008/pdf/uksiem_20080972_en.pdf ## Introductory text 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 1969, and now vested in him: ## 1 Citation, 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. ## 2 Citation, 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 1971; and (b) a reference to a form by number alone means the form so numbered in Schedule 1 to those Regulations. ## 3 Citation, 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 1969 on or after 25th April 2008. ## 4 Amendments 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 2005, to consent to tests”; and (b) omit paragraph (2). ## 5 Amendments 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”. ## 6 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971 In regulation 4, for “under a disability”, substitute “under 16 or a protected party”. ## 7 Amendments 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.”. ## 8 Amendments 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”. ## 9 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971 In regulation 6(8), after “suitable”, insert “,tamper-proof,”. ## 10 Amendments 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”. ## 11 Amendments 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/IEC17025 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.”. ## 12 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971 In regulation 12(1), for “£27.50”, substitute “£37.90”. ## 13 Amendments 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”. ## 14 Amendments 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”. ## 15 Amendments 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. --- Source: https://www.legislation.gov.uk/uksi/2008/972 (the official version) Page: https://openlegislation.uk/blood-tests-evidence-of-paternity-amendment-regulations-2008 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.