Part III E+W Provisions for use of Blood Tests in determining Paternity

22 Power to provide for manner of giving effect to direction for use of [F1 scientific tests]. E+W

(1) The [F2 Lord 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) provide that [F1 bodily samples] shall not be taken except by [F3 registered medical practitioners or members of suchprofessional bodies as may be prescribed by the regulations;]

[F4 (aa) prescribe the bodily samples to be taken;]

(b) regulate the taking, identification and transport of [F1 bodily samples];

(c) require the production at the time when a [F1 bodily 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 [F1 bodily 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 [F5 or condition or undergone any such treatment] as may be so specified or received a transfusion of blood;

[F6 (e) 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 [F1 scientific 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 [F1 bodily 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 [F1 bodily 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.

[F7 (j) 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.

Textual Amendments

F1 Words in s. 22(1) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(2); S.I. 2001/777, art. 2

F2 Words in s. 22(1) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch. 2 (with art. 5(2))

F3 Words in s. 22(1)(a) substituted (1.4.2001) by 2000 c. 19, s. 82(4)(a) (with s. 83(6)); S.I. 2001/774, art. 2

F4 S. 22(1)(aa) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(3); S.I. 2001/777, art. 2

F5 Words in s. 22(1)(d) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(4); S.I. 2001/777, art. 2

F6 S. 22(1)(e) substituted (1.4.2001) by 2000 c. 19, s. 82(4)(b) (with s. 83(6)); S.I. 2001/774, art. 2

F7 S. 22(1)(j) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(5); S.I. 2001/777, art. 2