2008 No. 972
The Blood Tests (Evidence of Paternity) (Amendment) Regulations 2008
Made
Laid before Parliament
Coming into force
Citation, commencement, interpretation and transitional provisions
1
These Regulations may be cited as the Blood Tests (Evidence of Paternity) (Amendment) Regulations 2008 and shall come into force on 25th April 2008.
2
In these Regulations —
a
a reference to a regulation by number alone is a reference to the regulations so numbered in the Blood Tests (Evidence of Paternity) Regulations 19713; and
b
a reference to a form by number alone means the form so numbered in Schedule 1 to those Regulations.
3
These Regulations apply in relation to directions given by the court under section 20(1) of the Family Law Reform Act 19694 on or after 25th April 2008.
Amendments to the Blood Tests (Evidence of Paternity) Regulations 1971
4
In regulation 2—
a
in paragraph (1), after the definition of “photograph” insert—
“protected party” means a person who lacks capacity, within the meaning of the Mental Capacity Act 20055, to consent to tests
b
omit paragraph (2).
5
For the heading to regulation 4, substitute—
Subject who is under 16 or a protected party to be accompanied to sampler
6
In regulation 4, for “under a disability”, substitute “under 16 or a protected party”.
7
For regulation 6(2), substitute—
2
The sampler shall ensure that a photograph of the subject is attached to the direction form relating to him before he takes a sample from that subject.
8
In regulation 6(3), (5) and (7), for “under a disability”, wherever it occurs, substitute “under 16 or a protected party”.
9
In regulation 6(8), after “suitable”, insert “,tamper-proof,”.
10
In regulation 7(1), for “recorded delivery”, substitute “recorded signed for delivery or international signed for delivery”.
11
For regulation 8A(1) substitute—
1
Subject to paragraph (2), a body shall not be eligible for accreditation for the purposes of section 20 of the Act unless it is accredited to ISO/IEC170256 by—
a
a Full Member of the International Laboratory Accreditation Cooperation (“ILAC”); or
b
a body that is a signatory to an ILAC Recognised Regional Cooperation Body.
12
In regulation 12(1), for “£27.50”, substitute “£37.90”.
13
In Form 1—
a
in Part 1, for “suffering from a mental disorder within the meaning of the Mental Health Act 1959 and is incapable of understanding the nature and purpose of scientific tests” substitute “a protected party”;
b
in Part III, omit “,being a person who has attained the age of twelve months”;
c
in Part IV, for “suffering from mental disability” substitute “a protected party”;
d
in Parts V and VI, for “suffering from a mental disability”, wherever it occurs, substitute “a protected party”; and
e
in Part IX, for “recorded delivery” substitute “recorded signed for delivery/international signed for delivery”.
14
In Form 2, for “by a body” substitute “by………………….(name of accredited body) being a body”.
15
In Forms 1 and 2, immediately below “…………(Signed)”, wherever it appears, insert “………… (Print)”.
Signed on behalf of the Lord Chancellor
(This note is not part of the Regulations)