Regulation 2 Amendment of the Blood Tests (Evidence of Paternity) Regulations 1971I1

England and Wales

(1)

The Blood Tests (Evidence of Paternity) Regulations 1971^f1 are amended as follows.

(2)

In regulation 2 (interpretation)^f2—

(a)

in paragraph (1)—

(i)

in the definition of “photograph” after “of” insert “at least”; and

(ii)

for the definition of “sampler” substitute—

““sampler” has the meaning given in paragraph (4) and is subject to the provisions of paragraphs (5) and (6);”; and

(b)

after paragraph (3), insert—

“(4)
In these Regulations, subject to the provisions of paragraphs (5) and (6), “sampler” means—
(a)
a registered medical practitioner;
(b)
a person who is under the supervision of a registered medical practitioner and who is—
(i)
a registered nurse; or
(ii)
a registered biomedical scientist;
(c)
a tester;
(d)
an officer of the Service, within the meaning given by section 11(3) of the Criminal Justice and Court Services Act 2000^f3;
(e)
a Welsh family proceedings officer, within the meaning given by section 35(4) of the Children Act 2004^f4; or
(f)
a person, not being someone within sub-paragraphs (a) or (b), who is appointed by a tester to be a sampler.
(5)
A sampler who is within sub-paragraph (d) or (e) in the definition of “sampler” in paragraph (4) may only be involved in the obtaining of samples where—
(a)
the court has given a direction of its own initiative in proceedings for a child arrangements order under section 8 of the Children Act 1989^f5;
(b)
the sampler has been trained by a tester, or under arrangements made by a tester, in relation to the requirements of these Regulations; and
(c)
the sample is to be obtained by way of a mouth swab.
(6)
A sampler who is within sub-paragraph (f) in the definition of “sampler” in paragraph (4) may only be involved in the obtaining of samples where—
(a)
the sampler has been trained by a tester, or under arrangements made by a tester, in relation to the requirements of these Regulations; and
(b)
the sample is to be obtained by way of a mouth swab.”.

(3)

In regulation 3 (direction form) for “take” substitute “obtain”.

(4)

In regulation 4 (subject who is under 16 or a protected party to be accompanied to sampler)^f6 for “the taking of a sample” substitute “a sample to be obtained”.

(5)

In regulation 5 (taking of samples)^f7—

(a)

in the heading, for “Taking of” substitute “Obtaining”;

(b)

in paragraph (1), for “the taking of samples” substitute “samples to be obtained”;

(c)

in paragraph (2), for “shall take a sample from him on that occasion” substitute “must on that occasion act in accordance with paragraph (2A), (2B) or (2C), as applicable to that sampler”;

(d)

after paragraph (2), insert—

“(2A)
Where the sampler is a person within sub-paragraph (a), (b) or (c) of the definition of “sampler” in regulation 2(4), the sampler must take a sample from the subject.
(2B)
Where the sampler is a person within sub-paragraph (d) or (e) of the definition of “sampler” in regulation 2(4), the sampler must supervise the taking of the sample—
(a)
by the subject; or
(b)
where the subject is under 16 or a protected party, by the person of full age who has accompanied the subject.
(2C)
Where the sampler is a person within sub-paragraph (f) of the definition of “sampler” in regulation 2(4), the sampler must—
(a)
take the sample; or
(b)
supervise the taking of the sample—
(i)
by the subject; or
(ii)
where the subject is under 16 or a protected party, by the person of full age who has accompanied the subject.”;

(e)

in paragraph (3)—

(i)

for “take” substitute “obtain”;

(ii)

in sub-paragraphs (i) and (ii), for “taken” substitute “obtained”; and

(iii)

in sub-paragraph (iii) for “the taking of” substitute “obtaining”;

(f)

in paragraph (4) for “take” substitute “obtain”;

(g)

in paragraph (5)—

(i)

for “take” substitute “obtain”;

(ii)

for “the taking of” substitute “obtaining”; and

(iii)

for “not taking” substitute “not obtaining”; and

(h)

in paragraph (6) for “for the taking of” substitute “to give”.

(6)

In regulation 6 (sampling procedure)^f8—

(a)

in paragraph (2) for “takes” substitute “obtains”;

(b)

in paragraph (3)—

(i)

for “taken” substitute “obtained”; and

(ii)

for “affixed” substitute “attached”;

(c)

in paragraphs (5), (8) and (9) for “taken” each time it occurs substitute “obtained”;

(d)

in paragraph (6) for “affix” substitute “attach”; and

(e)

in paragraph (7) for “the taking of a sample” substitute “a sample being obtained”.

(7)

In regulation 7 (despatch of samples to tester)^f9—

(a)

in paragraphs (1) and (2) for “taken” substitute “obtained”; and

(b)

in paragraph (2) for “take” substitute “obtain”.

(8)

In regulation 8 (procedure where sampler nominated is unable to take the samples)^f10 in the heading and in paragraph (1) for “take” each time it occurs substitute “obtain”.

(9)

In regulation 9 (testing of samples)^f11, in paragraph (1) for “taken” substitute “obtained”.

(10)

In regulation 12 (fees)^f12—

(a)

in paragraph (1) for “take” substitute “obtain”;

(b)

in paragraph (2) for “taken” substitute “obtained”; and

(c)

after paragraph (2) insert—

“(3)
This regulation does not apply where regulation 2(5) applies in a given case.”.

(11)

In Schedule 1, in Form 1 (direction form)^f13—

(a)

in Part I for “taken” substitute “obtained”;

(b)

in Part II—

(i)

for “take” both times it occurs substitute “obtain”; and

(ii)

for “taken” each time it occurs substitute “obtained”;

(c)

in Part III after “Below” insert “, or attached to this form,”;

(d)

in Part V—

(i)

for “affixed to Part III of” substitute “attached to”; and

(ii)

for “the taking of a bodily sample” substitute “a bodily sample being obtained”;

(e)

in Part VI—

(i)

for “affixed to Part III of” substitute “attached to”; and

(ii)

for “the taking of a sample” substitute “a sample being obtained”; and

(f)

in Part VII—

(i)

for “taken” substitute “obtained”; and

(ii)

for “affixed” substitute “attached”.

Annotations

Commencement

I1: Reg. 2 in force at 23.11.2015, see reg. 1

Footnotes

f1: S.I. 1971/1861.
f2: Regulation 2 was amended by S.I. 2001/773, 2004/2033 and 2008/972.
f3: 2000 c. 43.
f4: 2004 c. 31.
f5: 1989 c. 41. Section 8 was amended by paragraphs 41 and 60(1) of Schedule 8, and Schedule 10, to the Family Law Act 1996 (c. 27), paragraph 68 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37), paragraphs 54 and 55 of Schedule 3 to the Adoption and Children Act 2002 (c. 38), paragraph 129 of Schedule 27 to the Civil Partnership Act 2004 (c. 33) and section 12 of and paragraphs 1 and 3 of Part 1 of Schedule 2 to the Children and Families Act 2014 (c. 6).
f6: Regulation 4 was amended by S.I. 2008/972.
f7: Regulation 5 was amended by S.I. 2001/773.
f8: Regulation 6 was amended by S.I. 2001/773 and 2008/972.
f9: Regulation 7 was amended by S.I. 2008/972.
f10: Regulation 8 was amended by S.I. 2001/773.
f11: Regulation 9 was amended by S.I. 2001/773.
f12: Regulation 12 was substituted by S.I. 2004/596 and amended by S.I. 2008/972.
f13: Form 1 in Schedule 1 was amended by S.I. 2001/773, 2008/972 and 2014/879.