Part III Provisions for use of Blood Tests in determining Paternity
20X1Power of court to require use of blood tests. C1
F11
In any civil proceedings in which the parentage of any person falls to be determined, the court may, either of its own motion or on an application by any party to the proceedings, give a direction—
a
for the use of scientific tests to ascertain whether such tests show that a party to the proceedings is or is not the father or mother of that person; and
b
for the taking, within a period specified in the direction, of bodily samples from all or any of the following, namely, that person, any party who is alleged to be the father or mother of that person and any other party to the proceedings;
and the court may at any time revoke or vary a direction previously given by it under this subsection.
F21A
Tests required by a direction under this section may only be carried out by a body which has been accredited for the purposes of this section by—
a
the Lord Chancellor, or
b
a body appointed by him for the purpose.
F32
The F4individual carrying out scientific tests in pursuance of a direction under subsection (1) above shall make to the court a report in which he shall state—
a
the results of the tests;
b
whether any party to whom the report relates is or is not excluded by the results from being the father or mother of the person whose parentage is to be determined; and
c
in relation to any party who is not so excluded, the value, if any, of the results in determining whether that party is the father or mother of that person;
and the report shall be received by the court as evidence in the proceedings of the matters stated in it.
2A
Where the proceedings in which the parentage of any person falls to be determined are proceedings on an application under section F555A or56 of the M1Family Law Act 1986, any reference in subsection (1) or (2) of this section to any party to the proceedings shall include a reference to any person named in the application.
3
A report under subsection (2) of this section shall be in the form prescribed by regulations made under section 22 of this Act.
4
Where a report has been made to a court under subsection (2) of this section, any party may, with the leave of the court, or shall, if the court so directs, obtain from F6the tester a written statement explaining or amplifying any statement made in the report, and that statement shall be deemed for the purposes of this section (except subsection (3) thereof) to form part of the report made to the court.
5
Where a direction is given under this section in any proceedings, a party to the proceedings, unless the court otherwise directs, shall not be entitled to call as a witness F7the tester, or anyother person by whom any thing necessary for the purpose of enabling those tests to be carried out was done, unless within fourteen days after receiving a copy of the report he serves notice on the other parties to the proceedings, or on such of them as the court may direct, of his intention to call F8the tester or that other person; F9the tester or any such person is called as a witness the party who called him shall be entitled to cross-examine him.
6
Where a direction is given under this section the party on whose application the direction is given shall pay the cost of taking and testing F10bodily samples for the purpose of giving effect to the direction (including any expenses reasonably incurred by any person in taking any steps required of him for the purpose), and of making a report to the court under this section, but the amount paid shall be treated as costs incurred by him in the proceedings.
21 Consents, etc., required for taking of F11bodily sample.
1
Subject to the provisions of subsections (3) and (4) of this section, a F11bodily sample which is required to be taken from any person for the purpose of giving effect to a direction under section 20 of this Act shall not be taken from that person except with his consent.
2
The consent of a minor who has attained the age of sixteen years to the taking from himself of a F11bodily sample shall be as effective as it would be if he were of full age; and where a minor has by virtue of this subsection given an effective consent to the taking of a F11bodily sample it shall not be necessary to obtain any consent for it from any other person.
3
A F11bodily sample may be taken from a person under the age of sixteen years, not being such a person as is referred to in subsection (4) of this section,.
F12a
if the person who has the care and control of him consents; or
b
where that person does not consent, if the court considers that it would be in his best interests for the sample to be taken.
4
A F11bodily sample may be taken from a person who is suffering from mental disorder within the meaning of the F13M2Mental Health Act 1983 and is incapable of understanding the nature and purpose of F14scientific tests if the person who has the care and control of him consents and the medical practitioner in whose care he is has certified that the taking of a F11bodily sample from him will not be prejudicial to his proper care and treatment.
5
The foregoing provisions of this section are without prejudice to the provisions of section 23 of this Act.
22 Power to provide for manner of giving effect to direction for use of F15scientific tests.
1
The F16Lord Chancellor may by regulations make provision as to the manner of giving effect to directions under section 20 of this Act and, in particular, any such regulations may—
a
F18aa
prescribe the bodily samples to be taken;
b
regulate the taking, identification and transport of F15bodily samples;
c
require the production at the time when a F15bodily sample is to be taken of such evidence of the identity of the person from whom it is to be taken as may be prescribed by the regulations;
d
require any person from whom a F15bodily sample is to be taken, or, in such cases as may be prescribed by the regulations, such other person as may be so prescribed, to state in writing whether he or the person from whom the sample is to be taken, as the case may be, has during such period as may be specified in the regulations suffered from any such illness F19or condition or undergone any such treatment as may be so specified or received a transfusion of blood;
F20e
prescribe conditions which a body must meet in order to be eligible for accreditation for the purposes of section 20 of this Act;
f
prescribe the F15scientific tests to be carried out and the manner in which they are to be carried out;
g
regulate the charges that may be made for the taking and testing of F15bodily samples and for the making of a report to a court under section 20 of this Act;
h
make provision for securing that so far as practicable the F15bodily samples to be tested for the purpose of giving effect to a direction under section 20 of this Act are tested by the same person;
i
prescribe the form of the report to be made to a court under section 20 of this Act.
F21j
make different provision for different cases or for different descriptions of case.
2
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
23 Failure to comply with direction for taking blood tests.
1
Where a court gives a direction under section 20 of this Act and any person fails to take any step required of him for the purpose of giving effect to the direction, the court may draw such inferences, if any, from that fact as appear proper in the circumstances.
2
Where in any proceedings in which the F22paternity of any person falls to be determined by the court hearing the proceedings there is a presumption of law that that person is legitimate, then if—
a
a direction is given under section 20 of this Act in those proceedings, and
b
any party who is claiming any relief in the proceedings and who for the purpose of obtaining that relief is entitled to rely on the presumption fails to take any step required of him for the purpose of giving effect to the direction,
the court may adjourn the hearing for such period as it thinks fit to enable that party to take that step, and if at the end of that period he has failed without reasonable cause to take it the court may, without prejudice to subsection (1) of this section, dismiss his claim for relief notwithstanding the absence of evidence to rebut the presumption.
3
Where any person named in a direction under section 20 of this Act fails to consent to the taking of a F23blood sample from himself or from any person named in the direction of whom he has the care and control, he shall be deemed for the purposes of this section to have failed to take a step required of him for the purpose of giving effect to the direction.
24 Penalty for personating another, etc., for purpose of providing F24bodily sample.
If for the purpose of providing a F24bodily sample for a test required to give effect to a direction under section 20 of this Act any person personates another, or proffers a child knowing that it is not the child named in the direction, he shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, or
b
on summary conviction, to a fine not exceeding £400.
25 Interpretation of Part III.
In this Part of this Act the following expressions have the meanings hereby respectively assigned to them, that is to say—
F25 “bodily sample ” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;
“excluded ” means excluded subject to the occurrence of mutation F26to section 27 of the M3Family Law Reform Act 1987 and to sections 27 to 29 of the Human Fertilisation and Embryology Act 1990.
F27 “scientific tests ” means scientific tests carried out under this Part of this Act and made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.