Reviews and appeals

F1Recovery of fees for scientific tests27A

1

This Article applies in any case where—

a

an application for a [F2maintenance assessment] F3maintenance calculation has been madeF4 or treated as made or a [F2maintenance assessment] F3maintenance calculation is in force;

b

scientific tests have been carried out (otherwise than under a direction) in relation to bodily samples obtained from a person who is alleged to be a parent of a child with respect to whom the application or [F5assessment] F6calculation is madeF7 or, as the case may be, treated as made;

c

the results of the tests do not exclude the alleged parent from being one of the child's parents; and

d

one of the conditions set out in paragraph (2) is satisfied.

2

The conditions are that—

a

the alleged parent does not deny that he is one of the child's parents; or

b

in proceedings underF8 Article 31B of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989, a court has made a declaration that the alleged parent is a parent of the child in question.

3

In any case to which this Article applies, any fee paid by the Department in connection with scientific tests may be recovered by it from the alleged parent as a debt due to the Crown.

4

In this Article—

  • “bodily sample” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;

  • “direction” means a direction given by a court under Article 8 of the Family Law Reform (Northern Ireland) Order 1977F9 (tests to determine paternity); and

  • “scientific tests” means scientific tests made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.

5

Any sum recovered by the Department under this Article shall be paid by the Department into the Consolidated Fund.