The Blood Tests (Evidence of Paternity) (Amendment) Regulations 2008

• Citation: S.I. 2008/972
• Sections: 15

Section 1 Citation, commencement, interpretation and transitional provisions

These Regulations may be cited as the Blood Tests (Evidence of Paternity) (Amendment) Regulations 2008 and shall come into force on 25th April 2008.

Section 2 Citation, commencement, interpretation and transitional provisions

In these Regulations —

(a) a reference to a regulation by number alone is a reference to the regulations so numbered in the Blood Tests (Evidence of Paternity) Regulations 1971 ; and

(b) a reference to a form by number alone means the form so numbered in Schedule 1 to those Regulations.

Section 3 Citation, commencement, interpretation and transitional provisions

These Regulations apply in relation to directions given by the court under section 20(1) of the Family Law Reform Act 1969 on or after 25th April 2008.

Section 4 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 2—

(a) in paragraph (1), after the definition of “photograph” insert—

“protected party” means a person who lacks capacity, within the meaning of the Mental Capacity Act 2005 , to consent to tests

(b) omit paragraph (2).

Section 5 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

For the heading to regulation 4, substitute—

Subject who is under 16 or a protected party to be accompanied to sampler

Section 6 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 4, for “under a disability”, substitute “under 16 or a protected party”.

Section 7 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

For regulation 6(2), substitute—

(2) The sampler shall ensure that a photograph of the subject is attached to the direction form relating to him before he takes a sample from that subject.

Section 8 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 6(3), (5) and (7), for “under a disability”, wherever it occurs, substitute “under 16 or a protected party”.

Section 9 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 6(8), after “suitable”, insert “,tamper-proof,”.

Section 10 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 7(1), for “recorded delivery”, substitute “recorded signed for delivery or international signed for delivery”.

Section 11 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

For regulation 8A(1) substitute—

(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 /IEC17025 by—

(a) a Full Member of the International Laboratory Accreditation Cooperation (“ ILAC ”); or

(b) a body that is a signatory to an ILAC Recognised Regional Cooperation Body.

Section 12 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In regulation 12(1), for “£27.50”, substitute “£37.90”.

Section 13 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In Form 1—

(a) in Part 1, for “suffering from a mental disorder within the meaning of the Mental Health Act 1959 and is incapable of understanding the nature and purpose of scientific tests” substitute “a protected party”;

(b) in Part III, omit “,being a person who has attained the age of twelve months”;

(c) in Part IV, for “suffering from mental disability” substitute “a protected party”;

(d) in Parts V and VI , for “ suffering from a mental disability ”, wherever it occurs, substitute “ a protected party ”; and

(e) in Part IX, for “recorded delivery” substitute “recorded signed for delivery/international signed for delivery”.

Section 14 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In Form 2, for “by a body” substitute “by………………….( name of accredited body ) being a body”.

Section 15 Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971

In Forms 1 and 2, immediately below “…………(Signed)”, wherever it appears, insert “………… (Print)”.