Statutory Rule 2002 No. 150

The Blood Tests (Evidence of Paternity) (Amendment) Regulations (Northern Ireland) 2002

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© Crown Copyright 2002

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     5. In regulation 2(2), for the words "blood tests" substitute the words "scientific tests".

     6. In regulation 6(3), after "(i)" insert the words "in the case of a blood sample,".

     7. In regulation 7 - 

(a) in paragraph (2), delete the words from "unless the direction form" to the end;

(b) paragraph (4) shall be omitted;

(c) at the end of paragraph (5)(b) add "; or" and the following new sub-paragraph - 


" (c) where he is under the age of sixteen years, and the person with care and control of him does not consent, the court has nevertheless ordered that a sample be taken."; and



(d) in paragraph (8), delete the words "and by that subject or, if he is under a disability, the person accompanying him".

     8. In regulation 8(1), for the words "special delivery service" substitute the words "recorded delivery".

     9. In regulation 9(1) for the words "medical practitioner" substitute the word "sampler".

     10. After regulation 9, insert the following new regulation - 

" Accreditation
     9A.  - (1) Subject to paragraph (2), a body shall not be eligible for accreditation for the purposes of Article 8 of the Order[4] unless it is accredited to ISO/ IEC/17025[5] by an accreditation body which complies with the requirements of ISO Guide 58[6].

    (2) A body which employs a person who at the date of the coming into force of the Blood Tests (Evidence of Paternity) (Amendment) Regulations (Northern Ireland) 2002 was a tester appointed by the Lord Chancellor shall, until three years after that date, be eligible for accreditation for the purposes of Article 8 of the Order notwithstanding that it does not comply with paragraph (1).".

     11. In regulation 10(2), for the words "the father of a subject whose paternity is in dispute" substitute the words "the father or mother of the person whose parentage falls to be determined".

     12. In Form 1 - 

(a) for the words "blood tests", wherever they appear, substitute the words "scientific tests";

(b) for the word "paternity", wherever it appears, substitute the word "parentage";

(c) for the words "blood sample" substitute the words "bodily sample"; and

(d) for the words "blood samples" substitute the words "bodily samples".

     13. In Form 1 - 

(a) in Part II


(i) after the words "to whom form relates" insert the following new paragraph - 

" [*The sample is to be taken notwithstanding the refusal to consent of the person with care and control of

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(name of person to whom form relates).]"

*Delete if not applicable

(ii) for the words "name and address of tester" substitute the words "name and address of accredited body";



(b) in Part IV, after the words "by sampler" insert the words "where sample is of blood";

(c) after Part VIII, insert the following new Part - 

" Part VIIIA
Request to accredited body to carry out tests
To

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(name and address of accredited body). You are hereby requested to carry out scientific tests on a bodily sample from

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(name of person to whom form relates).";

(d) in Part IX, for the words "special delivery service" substitute the words "recorded delivery".

     14. In Form 2 - 

(a) for the words "being a blood tester appointed by the Lord Chancellor for the purpose of Part III" substitute the words "being employed to carry out scientific tests by a body which has been accredited for the purposes of Article 8";

(b) for the words "blood tests" substitute the words "scientific tests";

(c) delete the word "Mr";

(d) for the word "paternity", in both places where it appears, substitute the word "parentage";

(e) after the word "father" insert the words "or mother";

(f) for the words "Test Report" substitute the words "Report of Scientific Tests".

Irvine of Lairg,
C.

Dated 15th April 2002

[2] Functions of the Secretary of State were transferred to the Lord Chancellor by virtue of Article 13 of, and Schedule 3 to, the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))back

[3] S.R. 1978 No. 379, to which the most recent relevant amendments were effected by S.R. 1987 No. 375 and S.R. 1990 No. 212back

[4] S.I. 1977/1250 (N.I. 17). Article 8 was amended by section 65 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) and section 3 of the Family Law Act (Northern Ireland) 2001 (c. 12)back

[5] General Requirements for the Competence of Testing and Calibration Laboratories, obtainable from any of the sales outlets operated by the British Standards Institute.back

[6] Calibration and Testing Laboratory Accreditation Systems - General Requirements in Operation and Recognition, obtainable from any sales outlets operated by the British Standards Instituteback