Statutory Instrument 2001 No. 773

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

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© Crown Copyright 2001

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     5. In regulation 2, in paragraph (2), for "blood tests" substitute "scientific tests".

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

     7. 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".

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

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

     10. 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[4] by an accreditation body which complies with the requirements of ISO Guide 58[5].

    (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).".

     11. 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".

     12. 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".

     13. In Form 1, in Part II - 

(a) after "to whom form relates)." insert - 



[*The sample is to be taken notwithstanding the refusal to consent of the person with care and control of (name of person to whom form relates).]

Delete if not applicable";

(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]".

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

     15. In Form 1, after Part VIII, insert - 

" Part VIIIA
Request to accredited body to carry out tests
To

---

(name and address of accredited body).

You are hereby requested to carry out scientific tests on a bodily sample from

---

(name of person to whom form relates)."

     16. In Form 1, in Part IX, for "special delivery service" substitute "recorded delivery".

     17. 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".

Irvine of Lairg,
C.

Dated 6th March 2001

[2] S.I. 1992/709.back

[3] S.I. 1971/1861, amended by S.I. 1989/776, 1990/319, 1990/1025, 1991/2472, 1992/709, 1992/1369.back

[4] General Requirements for the Competence of Testing and Calibration Laboratories, obtainable from any of the sales outlets operated by the British Standards Institute.back

[5] Calibration and Testing Laboratory Accreditation Systems - General Requirements in Operation and Recognition, obtainable from any of the sales outlets operated by the British Standards Institute.back