Amendment of the Blood Tests (Evidence of Paternity) Regulations 1971
2.—(1) The Blood Tests (Evidence of Paternity) Regulations 1971(1) are amended as follows.
(2) In regulation 2 (interpretation)(2)—
(a)in paragraph (1)—
(i)in the definition of “photograph” after “of” insert “at least”; and
(ii)for the definition of “sampler” substitute—
““sampler” has the meaning given in paragraph (4) and is subject to the provisions of paragraphs (5) and (6);”; and
(b)after paragraph (3), insert—
“(4) In these Regulations, subject to the provisions of paragraphs (5) and (6), “sampler” means—
(a)a registered medical practitioner;
(b)a person who is under the supervision of a registered medical practitioner and who is—
(i)a registered nurse; or
(ii)a registered biomedical scientist;
(c)a tester;
(d)an officer of the Service, within the meaning given by section 11(3) of the Criminal Justice and Court Services Act 2000(3);
(e)a Welsh family proceedings officer, within the meaning given by section 35(4) of the Children Act 2004(4); or
(f)a person, not being someone within sub-paragraphs (a) or (b), who is appointed by a tester to be a sampler.
(5) A sampler who is within sub-paragraph (d) or (e) in the definition of “sampler” in paragraph (4) may only be involved in the obtaining of samples where—
(a)the court has given a direction of its own initiative in proceedings for a child arrangements order under section 8 of the Children Act 1989(5);
(b)the sampler has been trained by a tester, or under arrangements made by a tester, in relation to the requirements of these Regulations; and
(c)the sample is to be obtained by way of a mouth swab.
(6) A sampler who is within sub-paragraph (f) in the definition of “sampler” in paragraph (4) may only be involved in the obtaining of samples where—
(a)the sampler has been trained by a tester, or under arrangements made by a tester, in relation to the requirements of these Regulations; and
(b)the sample is to be obtained by way of a mouth swab.”.
(3) In regulation 3 (direction form) for “take” substitute “obtain”.
(4) In regulation 4 (subject who is under 16 or a protected party to be accompanied to sampler)(6) for “the taking of a sample” substitute “a sample to be obtained”.
(5) In regulation 5 (taking of samples)(7)—
(a)in the heading, for “Taking of” substitute “Obtaining”;
(b)in paragraph (1), for “the taking of samples” substitute “samples to be obtained”;
(c)in paragraph (2), for “shall take a sample from him on that occasion” substitute “must on that occasion act in accordance with paragraph (2A), (2B) or (2C), as applicable to that sampler”;
(d)after paragraph (2), insert—
“(2A) Where the sampler is a person within sub-paragraph (a), (b) or (c) of the definition of “sampler” in regulation 2(4), the sampler must take a sample from the subject.
(2B) Where the sampler is a person within sub-paragraph (d) or (e) of the definition of “sampler” in regulation 2(4), the sampler must supervise the taking of the sample—
(a)by the subject; or
(b)where the subject is under 16 or a protected party, by the person of full age who has accompanied the subject.
(2C) Where the sampler is a person within sub-paragraph (f) of the definition of “sampler” in regulation 2(4), the sampler must—
(a)take the sample; or
(b)supervise the taking of the sample—
(i)by the subject; or
(ii)where the subject is under 16 or a protected party, by the person of full age who has accompanied the subject.”;
(e)in paragraph (3)—
(i)for “take” substitute “obtain”;
(ii)in sub-paragraphs (i) and (ii), for “taken” substitute “obtained”; and
(iii)in sub-paragraph (iii) for “the taking of” substitute “obtaining”;
(f)in paragraph (4) for “take” substitute “obtain”;
(g)in paragraph (5)—
(i)for “take” substitute “obtain”;
(ii)for “the taking of” substitute “obtaining”; and
(iii)for “not taking” substitute “not obtaining”; and
(h)in paragraph (6) for “for the taking of” substitute “to give”.
(6) In regulation 6 (sampling procedure)(8)—
(a)in paragraph (2) for “takes” substitute “obtains”;
(b)in paragraph (3)—
(i)for “taken” substitute “obtained”; and
(ii)for “affixed” substitute “attached”;
(c)in paragraphs (5), (8) and (9) for “taken” each time it occurs substitute “obtained”;
(d)in paragraph (6) for “affix” substitute “attach”; and
(e)in paragraph (7) for “the taking of a sample” substitute “a sample being obtained”.
(7) In regulation 7 (despatch of samples to tester)(9)—
(a)in paragraphs (1) and (2) for “taken” substitute “obtained”; and
(b)in paragraph (2) for “take” substitute “obtain”.
(8) In regulation 8 (procedure where sampler nominated is unable to take the samples)(10) in the heading and in paragraph (1) for “take” each time it occurs substitute “obtain”.
(9) In regulation 9 (testing of samples)(11), in paragraph (1) for “taken” substitute “obtained”.
(10) In regulation 12 (fees)(12)—
(a)in paragraph (1) for “take” substitute “obtain”;
(b)in paragraph (2) for “taken” substitute “obtained”; and
(c)after paragraph (2) insert—
“(3) This regulation does not apply where regulation 2(5) applies in a given case.”.
(11) In Schedule 1, in Form 1 (direction form)(13)—
(a)in Part I for “taken” substitute “obtained”;
(b)in Part II—
(i)for “take” both times it occurs substitute “obtain”; and
(ii)for “taken” each time it occurs substitute “obtained”;
(c)in Part III after “Below” insert “, or attached to this form,”;
(d)in Part V—
(i)for “affixed to Part III of” substitute “attached to”; and
(ii)for “the taking of a bodily sample” substitute “a bodily sample being obtained”;
(e)in Part VI—
(i)for “affixed to Part III of” substitute “attached to”; and
(ii)for “the taking of a sample” substitute “a sample being obtained”; and
(f)in Part VII—
(i)for “taken” substitute “obtained”; and
(ii)for “affixed” substitute “attached”.
Regulation 2 was amended by S.I. 2001/773, 2004/2033 and 2008/972.
1989 c. 41. Section 8 was amended by paragraphs 41 and 60(1) of Schedule 8, and Schedule 10, to the Family Law Act 1996 (c. 27), paragraph 68 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37), paragraphs 54 and 55 of Schedule 3 to the Adoption and Children Act 2002 (c. 38), paragraph 129 of Schedule 27 to the Civil Partnership Act 2004 (c. 33) and section 12 of and paragraphs 1 and 3 of Part 1 of Schedule 2 to the Children and Families Act 2014 (c. 6).
Regulation 4 was amended by S.I. 2008/972.
Regulation 5 was amended by S.I. 2001/773.
Regulation 6 was amended by S.I. 2001/773 and 2008/972.
Regulation 7 was amended by S.I. 2008/972.
Regulation 8 was amended by S.I. 2001/773.
Regulation 9 was amended by S.I. 2001/773.
Regulation 12 was substituted by S.I. 2004/596 and amended by S.I. 2008/972.
Form 1 in Schedule 1 was amended by S.I. 2001/773, 2008/972 and 2014/879.