The Civil Procedure Rules 1998

RSC ORDER 112 E+W APPLICATIONS FOR USE OF BLOOD TESTS IN DETERMINING PATERNITY

Interpretation E+W

Rule 1  In this Order—

“the Act” means Part III of the Family Law Reform Act 1969(1);

“blood samples” and “blood tests” have the meanings assigned to them by section 25 of the Act;

“direction” means a direction for the use of blood tests under section 20 (1) of the Act;

“the court officer” means the officer of the court who draws up a direction.

Application for direction E+W

Rule 2—(1) Except with the permission of the court, an application in any proceedings for a direction shall be in accordance with CPR Part 23 and a copy of the application notice shall be served on every party to the proceedings (other than the applicant) and on any other person from whom the direction involves the taking of blood samples.

(3) Any notice required by this rule to be served on a person who is not a party to the proceedings shall be served on him personally.

Applications involving children under 16 and patients E+W

Rule 3  Where an application is made for a direction in respect of a person who is either—

(a) under 16 , or

(b) suffering from a mental disorder within the meaning of the Mental Health Act 1983(2) and incapable of understanding the nature and purpose of blood tests,

the application notice F1 ... shall state the name and address of the person having the care and control of the person under disability and shall be served on him instead of on the person under disability.

Textual Amendments

F1 Words in Sch. 1 RSC Order 112 rule 3 omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 57

Addition as a party of person to be tested E+W

Rule 4  Where an application is made for a direction involving the taking of blood samples from a person who is not a party to the proceedings in which the application is made, the court may at any time direct that person to be made a party to the proceedings.

Service of direction and adjournment of proceedings E+W

Rule 5  Where the court gives a direction in any proceedings, the court officer shall send a copy to every party to the proceedings and to every other person from whom the direction involves the taking of blood samples and, unless otherwise ordered, further consideration of the proceedings shall be adjourned until the court receives a report pursuant to the direction.

Service of copy report E+W

Rule 6  On receipt by the court of a report made pursuant to a direction, the proper officer shall send a copy to every party to the proceedings and to every other person from whom the direction involved the taking of blood samples.

(1)

1969 c. 46.

(2)

1983 c. 20.