The Blood Tests (Evidence of Paternity) (Amendment) Regulations 2001

• Citation: S.I. 2001/773
• Sections: 17

Section 1 Citation, commencement, interpretation and transitional provisions

These Regulations may be cited as the Blood Tests (Evidence of Paternity) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.

Section 2 Citation, commencement, interpretation and transitional provisions

The Blood Tests (Evidence of Paternity) Regulations 1971 shall be amended in accordance with the provisions of these Regulations and, in those provisions, any reference to a regulation or form by number alone shall be construed as a reference to the regulation or form so numbered in the said Regulations of 1971 or in Schedule 1 to those Regulations.

Section 3 Citation, commencement, interpretation and transitional provisions

These Regulations apply to proceedings begun on or after 1st April 2001.

Section 4 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In regulation 2(1)—

(a) in the definition of “court”, for “blood tests” substitute “scientific tests”;

(b) for the definition of “sample”, substitute ““sample” means bodily fluid or bodily tissue taken for the purpose of scientific tests;”;

(c) for the definition of “sampler”, substitute ““sampler” means a registered medical practitioner, or a person who is under the supervision of such a practitioner and is either a registered nurse or a registered medical laboratory technician, or a tester,”;

(d) in the definition of “subject”, for “blood samples” substitute “bodily samples”;

(e) for the definition of “tester”, substitute ““tester” means an individual employed to carry out tests by a body which has been accredited for the purposes of section 20 of the Act either by the Lord Chancellor or by a body appointed by him for those purposes and which has been nominated in a direction to carry out tests;”;

(f) in the definition of “tests”, for “blood tests” substitute “scientific tests” and for “characteristics of blood” substitute “characteristics of bodily fluids or bodily tissue”.

Section 5 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In regulation 2, in paragraph (2), for “blood tests” substitute “scientific tests”.

Section 6 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In regulation 5, in paragraph (3), after “(i)” insert “in the case of a blood sample,”.

Section 7 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In regulation 6—

(a) in paragraph (2), delete the words from “unless the direction form” to the end;

(b) delete paragraph (4);

(c) at the end of sub-paragraph (b) of paragraph (5), add “; or”, and add the following new sub-paragraph—

(c) where he is under the age of sixteen years, and the person with care and control of him does not consent, the court has nevertheless ordered that a sample be taken.

(d) in paragraph (8), delete “and by that subject or, if he is under a disability, the person accompanying him”.

Section 8 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In regulation 7, in paragraph (1), for “special delivery service” substitute “recorded delivery”.

Section 9 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In regulation 8, in paragraph (1), for “medical practitioner or tester” substitute “sampler”.

Section 10 Amendment of the Blood Tests (Evidence of Paternity) Regulations

After regulation 8, insert the following new regulation—

Accreditation

(8A)

(1) Subject to paragraph (2), a body shall not be eligible for accreditation for the purposes of section 20 of the Act unless it is accredited to ISO / IEC /17025 by an accreditation body which complies with the requirements of ISO Guide 58 .

(2) A body which employs a person who at the date of the coming into force of the Blood Tests (Evidence of Paternity) (Amendment) Regulations 2001 was a tester appointed by the Lord Chancellor shall, until three years after that date, be eligible for accreditation for the purposes of section 20 of the Act notwithstanding that it does not comply with paragraph (1).

Section 11 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In regulation 9, in paragraph (2), for “the father of a subject whose paternity is in dispute” substitute “the father or mother of the person whose parentage falls to be determined”.

Section 12 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In Form 1—

(a) for “blood tests”, wherever it appears, substitute “scientific tests”;

(b) for “paternity”, wherever it appears, substitute “parentage”;

(c) for “blood sample” substitute “bodily sample”;

(d) for “blood samples” substitute “bodily samples”.

Section 13 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In Form 1, in Part II—

(a) after “ to whom form relates). ” insert—

(b) for “name and address of tester” substitute “name and address of accredited body”;

(c) delete “[or the tester by whom you have arranged for the tests to be made]”.

Section 14 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In Form 1, in Part IV, after “ by sampler ” insert “ where sample is of blood ”.

Section 15 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In Form 1, after Part VIII, insert—

Request to accredited body to carry out tests

Section 16 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In Form 1, in Part IX, for “special delivery service” substitute “recorded delivery”.

Section 17 Amendment of the Blood Tests (Evidence of Paternity) Regulations

In Form 2—

(a) for “Registrar” substitute “Court Manager”;

(b) for “Justices' Clerk” substitute “Justices' Chief Executive”;

(c) for “being a blood tester appointed by the Lord Chancellor for the purpose of Part III” substitute “being employed to carry out scientific tests by a body which has been accredited for the purposes of section 20”;

(d) for “blood tests” substitute “scientific tests”;

(e) delete “Mr”;

(f) for “paternity”, in both places where it appears, substitute “parentage”;

(g) after “father” insert “or mother”;

(h) for “ Test Report ” substitute “ Report of Scientific Tests ”.