# The Blood Tests (Evidence of Paternity) (Amendment) Regulations 2015, Regulation 2: Amendment of the Blood Tests (Evidence of Paternity) Regulations 1971

Extent: E+W

(1) The Blood Tests (Evidence of Paternity) Regulations 1971 are amended as follows.
(2) In regulation 2 (interpretation)—
(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;
(e) a Welsh family proceedings officer, within the meaning given by section 35(4) of the Children Act 2004; 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;
(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) for “the taking of a sample” substitute “a sample to be obtained”.
(5) In regulation 5 (taking of samples)—
(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)—
(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)—
(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) in the heading and in paragraph (1) for “take” each time it occurs substitute “obtain”.
(9) In regulation 9 (testing of samples), in paragraph (1) for “taken” substitute “obtained”.
(10) In regulation 12 (fees)—
(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)—
(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”.

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Source: https://www.legislation.gov.uk/uksi/2015/1834/regulation/2 (the official version)
Page: https://openlegislation.uk/blood-tests-evidence-of-paternity-amendment-regulations-2015/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.