The Blood Tests (Evidence of Paternity) Regulations 1971

Sampling procedure

6.—(1) A sampler shall comply with the provisions of this Regulation, all of which shall be complied with in respect of one subject before any are complied with in respect of any other subject; so however that a report made in accordance with the provisions of section 20(2) of the Act or any other evidence relating to the samples or the tests made on the samples shall not be challenged solely on the grounds that a sampler has not acted in accordance with the provisions of this Regulation.

(2) Before a sample is taken from any subject who has attained the age of 12 months by the date of the direction, the sampler shall ensure that a photograph of that subject is affixed to the direction form relating to that subject unless the direction form is accompanied by a certificate from a medical practitioner that the subject is suffering from a mental disorder and that a photograph of him cannot or should not be taken.

(3) Before a sample is taken from a subject, he, or where he is under a disability the person of full age accompanying him, shall complete the declaration in Part V of the direction form (that that subject is the subject to whom the direction form relates and, where a photograph is affixed to the direction form, that the photograph is a photograph of that subject) which shall be signed in the presence of and witnessed by the sampler.

(4) Where a subject is suffering from a mental disorder, the sampler shall not take a sample from him unless the sampler is in possession of a certificate from a medical practitioner that the taking of a blood sample from the subject will not be prejudicial to his proper care and treatment.

(5) A sample shall not be taken from any subject unless—

(a) he or, where he is under a disability, the person having the care and control of him, has signed a statement on the direction form that he consents to the sample being taken; or

(b) where he is under a disability and is not accompanied by the person having the care and control of him, the sampler is in possession of a statement in writing, purporting to be signed by that person that he consents to the sample being taken.

(6) The sampler shall affix to the direction form any statement referred to in sub-paragraph (b) of the preceding paragraph.

(7) If a subject or, where he is under a disability, the person having the care and control of him, does not consent to the taking of a sample, he may record on the direction form his reasons for withholding his consent.

(8) When the sampler has taken a sample he shall place it in a suitable container and shall affix to the container a label giving the full name, age and sex of the subject from whom it was taken and the label shall be signed by the sampler and by that subject or, if he is under a disability, the person accompanying him.

(9) The sampler shall state in Part VII of the direction form that he has taken the sample and the date on which he did so.