Part IV Miscellaneous Reforms
Blood and other samples in civil proceedings
70 Blood and other samples in civil proceedings.
1
In any civil proceedings to which this section applies, the court may (whether or not on application made to it) request a party to the proceedings—
a
to provide a sample of blood or other body fluid or of body tissue for the purpose of laboratory analysis;
b
to consent to the taking of such a sample from a child in relation to whom the party has power to give such consent.
2
Where a party to whom a request under subsection (1) above has been made refuses or fails—
a
to provide or, as the case may be, to consent to the taking of, a sample as requested by the court, or
b
to take any step necessary for the provision or taking of such a sample,
the court may draw from the refusal or failure such adverse inference, if any, in relation to the subject matter of the proceedings as seems to it to be appropriate.
3
In section 6 of the M1Law Reform (Parent and Child) (Scotland) Act 1986 (determination of parentage by blood sample)—
a
in subsection (1), for the words “blood sample” there shall be substituted “
sample of blood or other body fluid or of body tissue
”
; and
b
in each of subsections (2), (3) and (4), for the words “a blood” there shall be substituted “
such a
”
.
4
This section applies to any civil proceedings brought in the Court of Session or the sheriff court—
a
on or after the date of the commencement of this section; or
b
before the said date in a case where the proof has not by that date begun.