Family Law Hub

Blood Tests (Evidence of Paternity) (Amendment) Regulations 2015

These Regulations amend the Blood Tests (Evidence of Paternity) Regulations 1971 (S.I. 1971/1861) ("the 1971 Regulations"). In force from 23 November 2015.

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    Regulation 2 of the 1971 Regulations is amended to add new categories of person who, in certain circumstances, may be "samplers" under the 1971 Regulations. The new categories are officers of the Service (being the Children and Family Court Advisory and Support Service, known as "Cafcass"), Welsh Family Proceedings Officers (being officers of CAFCASS Cymru) and people appointed by testers. The amendments provide that these new categories of samplers may only act when they have been trained by a tester (as defined in the 1971 Regulations), or under arrangements made by a tester, and where the sample is to be given by way of a mouth swab sample.

    Regulation 5 of the 1971 Regulations is amended to set out which categories of sampler must take a sample, which must supervise a sample being given and which may do either.

    Regulations 3, 6, 7, 8, 9 and 12 of, and the directions form in Schedule 1 to, the 1971 Regulations, are amended in consequence of the provisions in regulation 5 of the 1971 Regulations allowing for the supervision of the taking of samples, meaning that it is more accurate to refer to samples being "obtained" rather than "taken".

    Regulation 6 of, and the directions form in Schedule 1 to, the 1971 Regulations are also amended to refer to a statement or photograph being "attached" to the directions form, rather than "affixed" to reflect the fact that some samplers may be using electronic versions of the directions form and attaching statements or digital photographs to it.

    Regulation 12 of the 1971 Regulations is further amended so that the provision on samplers charging fees will not apply where the sampler is an officer of the Service or a Welsh Family Proceedings Officer.

News, published: 01/11/2015

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Published: 01/11/2015

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