{
  "url": "https://openlegislation.uk/blood-tests-evidence-of-paternity-amendment-regulations-2015/regulation-2",
  "json_url": "https://openlegislation.uk/blood-tests-evidence-of-paternity-amendment-regulations-2015/regulation-2.json",
  "legislation": "uksi/2015/1834",
  "legislation_title": "The Blood Tests (Evidence of Paternity) (Amendment) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/blood-tests-evidence-of-paternity-amendment-regulations-2015",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Amendment of the Blood Tests (Evidence of Paternity) Regulations 1971",
  "text": "(1) The Blood Tests (Evidence of Paternity) Regulations 1971 are amended as follows.\n(2) In regulation 2 (interpretation)—\n(a) in paragraph (1)—\n(i) in the definition of “photograph” after “of” insert “at least”; and\n(ii) for the definition of “sampler” substitute—\n““sampler” has the meaning given in paragraph (4) and is subject to the provisions of paragraphs (5) and (6);”; and\n(b) after paragraph (3), insert—\n“(4) In these Regulations, subject to the provisions of paragraphs (5) and (6), “sampler” means—\n(a) a registered medical practitioner;\n(b) a person who is under the supervision of a registered medical practitioner and who is—\n(i) a registered nurse; or\n(ii) a registered biomedical scientist;\n(c) a tester;\n(d) an officer of the Service, within the meaning given by section 11(3) of the Criminal Justice and Court Services Act 2000;\n(e) a Welsh family proceedings officer, within the meaning given by section 35(4) of the Children Act 2004; or\n(f) a person, not being someone within sub-paragraphs (a) or (b), who is appointed by a tester to be a sampler.\n(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—\n(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;\n(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\n(c) the sample is to be obtained by way of a mouth swab.\n(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—\n(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\n(b) the sample is to be obtained by way of a mouth swab.”.\n(3) In regulation 3 (direction form) for “take” substitute “obtain”.\n(4) In regulation 4 (subject who is under 16 or a protected party to be accompanied to sampler) for “the taking of a sample” substitute “a sample to be obtained”.\n(5) In regulation 5 (taking of samples)—\n(a) in the heading, for “Taking of” substitute “Obtaining”;\n(b) in paragraph (1), for “the taking of samples” substitute “samples to be obtained”;\n(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”;\n(d) after paragraph (2), insert—\n“(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.\n(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—\n(a) by the subject; or\n(b) where the subject is under 16 or a protected party, by the person of full age who has accompanied the subject.\n(2C) Where the sampler is a person within sub-paragraph (f) of the definition of “sampler” in regulation 2(4), the sampler must—\n(a) take the sample; or\n(b) supervise the taking of the sample—\n(i) by the subject; or\n(ii) where the subject is under 16 or a protected party, by the person of full age who has accompanied the subject.”;\n(e) in paragraph (3)—\n(i) for “take” substitute “obtain”;\n(ii) in sub-paragraphs (i) and (ii), for “taken” substitute “obtained”; and\n(iii) in sub-paragraph (iii) for “the taking of” substitute “obtaining”;\n(f) in paragraph (4) for “take” substitute “obtain”;\n(g) in paragraph (5)—\n(i) for “take” substitute “obtain”;\n(ii) for “the taking of” substitute “obtaining”; and\n(iii) for “not taking” substitute “not obtaining”; and\n(h) in paragraph (6) for “for the taking of” substitute “to give”.\n(6) In regulation 6 (sampling procedure)—\n(a) in paragraph (2) for “takes” substitute “obtains”;\n(b) in paragraph (3)—\n(i) for “taken” substitute “obtained”; and\n(ii) for “affixed” substitute “attached”;\n(c) in paragraphs (5), (8) and (9) for “taken” each time it occurs substitute “obtained”;\n(d) in paragraph (6) for “affix” substitute “attach”; and\n(e) in paragraph (7) for “the taking of a sample” substitute “a sample being obtained”.\n(7) In regulation 7 (despatch of samples to tester)—\n(a) in paragraphs (1) and (2) for “taken” substitute “obtained”; and\n(b) in paragraph (2) for “take” substitute “obtain”.\n(8) In regulation 8 (procedure where sampler nominated is unable to take the samples) in the heading and in paragraph (1) for “take” each time it occurs substitute “obtain”.\n(9) In regulation 9 (testing of samples), in paragraph (1) for “taken” substitute “obtained”.\n(10) In regulation 12 (fees)—\n(a) in paragraph (1) for “take” substitute “obtain”;\n(b) in paragraph (2) for “taken” substitute “obtained”; and\n(c) after paragraph (2) insert—\n“(3) This regulation does not apply where regulation 2(5) applies in a given case.”.\n(11) In Schedule 1, in Form 1 (direction form)—\n(a) in Part I for “taken” substitute “obtained”;\n(b) in Part II—\n(i) for “take” both times it occurs substitute “obtain”; and\n(ii) for “taken” each time it occurs substitute “obtained”;\n(c) in Part III after “Below” insert “, or attached to this form,”;\n(d) in Part V—\n(i) for “affixed to Part III of” substitute “attached to”; and\n(ii) for “the taking of a bodily sample” substitute “a bodily sample being obtained”;\n(e) in Part VI—\n(i) for “affixed to Part III of” substitute “attached to”; and\n(ii) for “the taking of a sample” substitute “a sample being obtained”; and\n(f) in Part VII—\n(i) for “taken” substitute “obtained”; and\n(ii) for “affixed” substitute “attached”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 2 in force at 23.11.2015, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1971/1861."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Regulation 2 was amended by S.I. 2001/773, 2004/2033 and 2008/972."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2000 c. 43."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2004 c. 31."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "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)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Regulation 4 was amended by S.I. 2008/972."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Regulation 5 was amended by S.I. 2001/773."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Regulation 6 was amended by S.I. 2001/773 and 2008/972."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Regulation 7 was amended by S.I. 2008/972."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Regulation 8 was amended by S.I. 2001/773."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "Regulation 9 was amended by S.I. 2001/773."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "Regulation 12 was substituted by S.I. 2004/596 and amended by S.I. 2008/972."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "Form 1 in Schedule 1 was amended by S.I. 2001/773, 2008/972 and 2014/879."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/1834/regulation/2",
    "retrieved_at": "2026-10-28T23:31:03.760077+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}