(1)This section applies in any case where—
(a)an application for a [F2maintenance calculation] has been made F3... or a [F2maintenance calculation] is in force;
(b)scientific tests have been carried out (otherwise than under a direction or in response to a request) 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 [F4calculation] is made F5... ;
(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 subsection (2) is satisfied.
(2)The conditions are that—
(a)the alleged parent does not deny that he is one of the child’s parents;
(b)in proceedings under [F6section 55A of the Family Law Act 1986], a court has made a declaration that the alleged parent is a parent of the child in question; or
(c)in an action under section 7 of the Law Reform (Parent and Child) (Scotland) Act 1986, brought by the [F7Secretary of State] by virtue of section 28, a court has granted a decree of declarator of parentage to the effect that the alleged parent is a parent of the child in question.
(3)In any case to which this section applies, any fee paid by the [F8Secretary of State] in connection with scientific tests may be recovered by [F8the Secretary of State] from the alleged parent as a debt due to the Crown.
(4)In this section—
“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 section 20 of the Family Law Reform Act 1969 (tests to determine paternity);
“request” means a request made by a court under section 70 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (blood and other samples in civil proceedings); 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 [F9Secretary of State] under this section shall be paid by [F9the Secretary of State] into the Consolidated Fund.]
Textual Amendments
F1S. 27A inserted (4.9.1995) by Child Support Act 1995 (c. 34), ss. 21, 30(4); S.I. 1995/2302, art. 2, Sch. Pt. 1
F2Words in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(a), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.
F3Words in s. 27A(1)(a) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)
F4Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.
F5Words in s. 27A(1)(b) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)
F6Words in s. 27A(2)(b) substituted (1.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(d)(2), Sch. 8 para. 14 (with s. 83(6)); S.I. 2001/774, art. 2
F7Words in s. 27A(2)(c) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 18(a)
F8Words in s. 27A(3) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 18(b)
F9Words in s. 27A(5) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 18(b)