Article 14 Fees for scientific tests

After Article 27 of the Order of 1991 there shall be inserted—

“Recovery of fees for scientific tests

27A

(1)

This Article applies in any case where—

(a)

an application for a maintenance assessment has been made or a maintenance assessment 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 assessment is made;

(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 Article 28, 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 1977F1 (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.”