Medical examinations in proceedings for nullity of [F1a marriage of an opposite sex couple] E+W
7.26.—(1) Where the application is for a decree of nullity of [F2a marriage of an opposite sex couple] on the ground of incapacity to consummate or wilful refusal to do so, the court must determine whether medical examiners should be appointed to examine the parties or either of them.
(2) The court must only appoint medical examiners under paragraph (1) where it considers that it is necessary for the proper disposal of the case.
(3) The person to be examined must, in the presence of the medical examiner, sign a statement identifying that person as the party to whom the order for examination applies.
(4) The medical examiner must certify on the same statement that it was signed in his or her presence by the person who has been examined.
(5) The person who carries out the examination must prepare a report and file it with the court by the date directed by the court.
(6) Either party is entitled to see a copy of a report filed under paragraph (5).
Textual Amendments
F1Words in rule 7.26 heading substituted (13.3.2014) by virtue of The Family Procedure (Amendment) Rules 2014 (S.I. 2014/524), rules 1, 4(a)(i)
F2Words in rule 7.26(1) substituted (13.3.2014) by virtue of The Family Procedure (Amendment) Rules 2014 (S.I. 2014/524), rules 1, 4(b)(i)