The Blood Tests (Evidence of Paternity) (Amendment) Regulations 1989

Statutory Instruments

1989 No. 776

EVIDENCE

The Blood Tests (Evidence of Paternity) (Amendment) Regulations 1989

Made

8th May 1989

Laid before Parliament

10th May 1989

Coming into force

1st June 1989

In exercise of the powers conferred upon me by section 22 of the Family Law Reform Act 1969(1), I hereby make the following Regulations:

1.  These Regulations may be cited as the Blood Tests (Evidence of Paternity) (Amendment) Regulations 1989 and shall come into force on 1st June 1989.

2.  In these Regulations, “the 1971 Regulations” means the Blood Tests (Evidence of Paternity) Regulations 1971(2).

3.  For regulation 12 of the 1971 Regulations there shall be substituted the following regulation–

“12.— (1) The charges that may be made by samplers shall be those specified in the first two columns of Part I of Schedule 2 to these Regulations.

(2) The maximum charge that may be made by a tester shall be that specified in Part II of the said Schedule”.

4.  In Form 2 in Schedule 1 to the 1971 Regulations, for the words “a blood group investigation (the details of which are given in Part II of this Report) of” there shall be substituted the words “blood tests (the details of which are given in Part II of this Report) on samples provided by”, and for the words “Blood Grouping Report” there shall be substituted the words “Test Report”.

5.  For Schedule 2 to the 1971 Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.

6.  The Blood Tests (Evidence of Paternity) (Amendment) Regulations 1985 and the Blood Tests (Evidence of Paternity) (Amendment) Regulations 1988 are hereby revoked.

Douglas Hurd

One of Her Majesty’s Principal Secretaries of State

Home Office

8th May 1989

Regulation 5

SCHEDULE

Regulation 12

SCHEDULE 2 CHARGES MADE BY SAMPLERS AND TESTERS

PART I Samplers

The charges that may be made by a sampler in respect of one direction requesting him to take samples shall be as follows–

	Charge from 1st June 1989	Charge before 1st June 1989
	£	£
For making all necessary arrangements (whether or not samples are taken)	13.60	12.60
For making further arrangements (whether or not samples are taken) to give effect to a variation by the court of a direction	13.60	12.60
For taking sample–
from first subject	13.60	12.60
from each subject after first	6.80	6.30
For taking second or subsequent samples from one or more subject–
if one such sample	13.60	12.60
if two such samples	20.40	18.90
if three or more such samples	34.10	31.50

PART II Testers

The maximum charge which may be made by a tester in respect of tests for the purpose of giving effect to one direction shall be £115.90 (exclusive of value added tax) for each sample tested, and no additional charge shall be made for making a report.

The charges before 1st June 1989 were as follows–

For making a report in accordance with the direction and testing 4 or less samples	£170.80
For testing each sample after the fourth covered by a report	£34.20
For testing samples where no report is made–
in respect of the first sample	£68.40
in respect of each subsequent sample	£34.20

Explanatory Note

(This note is not part of the Regulations)

These Regulations increase the charges which may be made by blood samplers and testers under the Blood Tests (Evidence of Paternity) Regulations 1971 in respect of blood tests carried out for the purpose of determining paternity in civil proceedings. These were last increased in July 1988 (S.I. 1988/1198).

Regulation 3 substitutes a new regulation 12 in the 1971 Regulations. The basis for charges by samplers is unchanged, but for testers it is replaced by a new maximum charge for each sample tested, including making a report, thereby permitting different charges, up to the maximum, to be made for different tests.

Regulation 4 makes a minor amendment to Form 2 in Schedule 1 to the 1971 Regulations, reflecting the fact that the range of blood tests now available is not limited to blood group investigation.

(1)

1969 c. 46.

(2)

S.I. 1971/1861, amended by S.I. 1985/1416, 1988/1198.