- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Law Act (Northern Ireland) 2001. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
3. (1) Part III of the Family Law Reform (Northern Ireland) Order 1977 (NI 17) (provisions for use of blood tests in determining parentage) shall be amended as follows.
(2) In Article 8 (power of court to require use of blood tests)—
(a)for paragraph (1) there shall be substituted—
“(1) In any civil proceedings in which the parentage of any person falls to be determined, the court may, on an application by any party to the proceedings, give a direction—
(a)for the use of scientific tests to ascertain whether such tests show that a party to the proceedings is or is not the father or mother of that person; and
(b)for the taking, within a period specified in the direction, of bodily samples from all or any of the following, namely, that person, any party who is alleged to be the father or mother of that person and any other party to the proceedings.” ;
(b)for paragraph (2) there shall be substituted—
“(2) The individual carrying out scientific tests in pursuance of a direction under paragraph (1) ( “the tester”) shall make to the court a report in which he shall state—
(a)the results of the tests;
(b)whether any party to whom the report relates is or is not excluded by the results from being the father or mother of the person whose parentage is to be determined; and
(c)in relation to any party who is not so excluded, the value, if any, of the results in determining whether that party is the father or mother of that person;
and the report shall be received by the court as evidence in the proceedings of the matters stated in it.
(2A) Where the proceedings in which the parentage of any person falls to be determined are proceedings on an application under Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989, any reference in paragraph (1) or (2) to any party to the proceedings shall include a reference to any person named in the application.” ;
(c)in paragraph (6), for the words “blood samples” there shall be substituted “bodily samples”.
(3) In Article 9 (consents, etc., required)—
(a)for the words “blood sample” wherever they occur there shall be substituted “bodily sample”;
(b)in paragraph (4), for the words “blood tests” there shall be substituted “scientific tests”.
(4) In Article 10(1) (power to provide for manner of giving effect to direction for use of tests)—
(a)for the words “blood samples”, “blood sample” and “blood tests” wherever they occur there shall be respectively substituted “bodily samples”, “bodily sample” and “scientific tests”;
(b)after sub-paragraph (a) there shall be inserted—
“(aa)prescribe the bodily samples to be taken;” ;
(c)in sub-paragraph (d), after the word “illness” there shall be inserted “or condition or undergone any such treatment”.
(5) In Article 11 (failure to comply with direction)—
(a)in paragraph (2), for the word “paternity” there shall be substituted “parentage”;
(b)in paragraph (3), for the words “blood sample” there shall be substituted “bodily sample”.
(6) In Article 12 (penalty for impersonating another, etc.), for the words “blood sample” there shall be substituted “bodily sample”.
(7) In Article 13 (interpretation of Part III of Order)—
(a)for the definitions of “blood samples” and “blood tests” there shall be substituted—
““bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;” ; and
(b)after the definition of “excluded” there shall be inserted—
““scientific tests” means scientific tests carried out under this Part and made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue” .
(8) The amendments made by this section shall not have effect in relation to any proceedings pending at the commencement of this section.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: