Reviews and appeals

27AF8Recovery of fees for scientific tests.

1

This section applies in any case where—

a

an application for a F9maintenance calculation has been made F7... or a F9maintenance 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 F3calculation is made F2... ;

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 F1section 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 F6Secretary 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 F4Secretary of State in connection with scientific tests may be recovered by F4the 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 F5Secretary of State under this section shall be paid by F5the Secretary of State into the Consolidated Fund.