The Civil Procedure Rules 1998

RSC ORDER 112 E+W [F1 APPLICATIONS FOR USE OF SCIENTIFIC TESTS IN DETERMINING PARENTAGE]

Textual Amendments

F1 Sch. 1 RSC Order 112 heading substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(c), 24(a)

Interpretation E+W

Rule 1  In this Order—

“the Act” means Part III of the Family Law Reform Act 1969(1);

“[F2 bodily samples]” and “[F3 scientific tests]” have the meanings assigned to them by section 25 of the Act;

“direction” means a direction for the use of [F3 scientific tests] under section 20 (1) of the Act;

“the court officer” means the officer of the court who draws up a direction.

Textual Amendments

F2 Words in Sch. 1 RSC Order 112 substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(c), 24(b)

F3 Words in Sch. 1 RSC Order 112 substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(c), 24(c)

Application for direction E+W

Rule 2—(1) Except with the permission of the court, an application in any proceedings for a direction shall be in accordance with CPR Part 23 and a copy of the application notice shall be served on every party to the proceedings (other than the applicant) and on any other person from whom the direction involves the taking of [F2 bodily samples].

(3) Any notice required by this rule to be served on a person who is not a party to the proceedings shall be served on him personally.

Textual Amendments

F2 Words in Sch. 1 RSC Order 112 substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(c), 24(b)

Applications involving children under 16 and patients E+W

Rule 3  Where an application is made for a direction in respect of a person who is either—

(a) under 16 , or

(b) suffering from a mental disorder within the meaning of the Mental Health Act 1983(2) and incapable of understanding the nature and purpose of [F3 scientific tests],

the application notice F4 ... shall state the name and address of the person having the care and control of the person under disability and shall be served on him instead of on the person under disability.

Textual Amendments

F3 Words in Sch. 1 RSC Order 112 substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(c), 24(c)

F4 Words in Sch. 1 RSC Order 112 rule 3 omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 57

Addition as a party of person to be tested E+W

Rule 4  Where an application is made for a direction involving the taking of [F2 bodily samples] from a person who is not a party to the proceedings in which the application is made, the court may at any time direct that person to be made a party to the proceedings.

Textual Amendments

F2 Words in Sch. 1 RSC Order 112 substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(c), 24(b)

Service of direction and adjournment of proceedings E+W

Rule 5  Where the court gives a direction in any proceedings, the court officer shall send a copy to every party to the proceedings and to every other person from whom the direction involves the taking of [F2 bodily samples] and, unless otherwise ordered, further consideration of the proceedings shall be adjourned until the court receives a report pursuant to the direction.

Textual Amendments

F2 Words in Sch. 1 RSC Order 112 substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(c), 24(b)

Service of copy report E+W

Rule 6  On receipt by the court of a report made pursuant to a direction, the proper officer shall send a copy to every party to the proceedings and to every other person from whom the direction involved the taking of [F2 bodily samples].

Textual Amendments

F2 Words in Sch. 1 RSC Order 112 substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(c), 24(b)

(1)

1969 c. 46.

(2)

1983 c. 20.