Article 27A Recovery of fees for scientific testsF1

(1)

This Article applies in any case where—

(a)

an application for a F2maintenance calculation has been made F3... or a maintenance calculation is in force;

(b)

scientific tests have been carried out (otherwise than under a direction) in relation to bodily samples obtained from a person who is alleged to be a parent of a child with respect to whom the application or F4calculation is made F5...;

(c)

the results of the tests do not exclude the alleged parent from being one of the child's parents; and

(d)

one of the conditions set out in paragraph (2) is satisfied.

(2)

The conditions are that—

(a)

the alleged parent does not deny that he is one of the child's parents; or

(b)

in proceedings under F6Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989, a court has made a declaration that the alleged parent is a parent of the child in question.

(3)

In any case to which this Article applies, any fee paid by the Department in connection with scientific tests may be recovered by it from the alleged parent as a debt due to the Crown.

(4)

In this Article—

“bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;
“direction” means a direction given by a court under Article 8 of the Family Law Reform (Northern Ireland) Order 1977F7 (tests to determine paternity); and
“scientific tests” means scientific tests made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.

(5)

Any sum recovered by the Department under this Article shall be paid by the Department into the Consolidated Fund.

Annotations

Textual amendments

F1: S.I. 1995/2702 (N.I. 13)
F2: Words in art. 27A(1)(a) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(a), 68(2); S.R. 2003/53, art. 3(1), Sch.
F3: Words in art. 27A(1)(a) repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)
F4: Word in art. 27A(1)(b) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 1(2)(b), 68(2); S.R. 2003/53, art. 3(1), Sch.
F5: Words in art. 27A(1)(b) repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)
F6: 2000 c. 4 (NI)
F7: 1980 NI 5