27A Recovery of fees for scientific tests.

1

This section applies in any case where—

a

an application for a maintenance assessment has been made or a maintenance assessment 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 assessment is made;

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 section 27, 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 Secretary 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 Secretary of State in connection with scientific tests may be recovered by him 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 Secretary of State under this section shall be paid by him into the Consolidated Fund.