Part IVMiscellaneous Reforms

Blood and other samples in civil proceedings

70Blood and other samples in civil proceedings

1

In any civil proceedings to which this section applies, the court may (whether or not on application made to it) request a party to the proceedings—

a

to provide a sample of blood or other body fluid or of body tissue for the purpose of laboratory analysis;

b

to consent to the taking of such a sample from a child in relation to whom the party has power to give such consent.

2

Where a party to whom a request under subsection (1) above has been made refuses or fails—

a

to provide or, as the case may be, to consent to the taking of, a sample as requested by the court, or

b

to take any step necessary for the provision or taking of such a sample,

the court may draw from the refusal or failure such adverse inference, if any, in relation to the subject matter of the proceedings as seems to it to be appropriate.

3

In section 6 of the [1986 c. 9.] Law Reform (Parent and Child) (Scotland) Act 1986 (determination of parentage by blood sample)—

a

in subsection (1), for the words “blood sample” there shall be substituted “sample of blood or other body fluid or of body tissue”; and

b

in each of subsections (2), (3) and (4), for the words “a blood” there shall be substituted “such a”.

4

This section applies to any civil proceedings brought in the Court of Session or the sheriff court—

a

on or after the date of the commencement of this section; or

b

before the said date in a case where the proof has not by that date begun.