The Blood Tests (Evidence of Paternity) Regulations 1971

Taking of samples

5.—(1) Without prejudice to the provisions of rules of court, a sampler may make arrangements for the taking of samples from the subjects or may change any arrangements already made and make other arrangements.

(2) Subject to the provisions of these Regulations, where a subject attends a sampler in accordance with arrangements made under a direction, the sampler shall take a sample from him on that occasion.

(3) A sampler shall not take a sample from a subject if—

(i) he has reason to believe that the subject has been transfused with blood within the three months immediately preceding the day on which the sample is to be taken; or

(ii) in his opinion, tests on a sample taken at that time from that subject could not effectively be carried out for the purposes of and in accordance with the direction; or

(iii) in his opinion, the taking of a sample might have an adverse effect on the health of the subject.

(4) A sampler may take a sample from a subject who has been injected with a blood product or blood plasma if, in his opinion, the value of any tests done on that sample would not be thereby affected, but shall inform the tester that the subject was so injected

(5) Where a sampler does not take a sample from a subject in accordance with arrangements made for the taking of that sample and no other arrangements are made, he shall return the direction form relating to that subject to the court, having stated on the form his reason for not taking the sample and any reason given by the subject (or the person having the care and control of the subject) for any failure to attend in accordance with those arrangements.

(6) A subject who attends a sampler for the taking of a sample may be accompanied by his legal representative.