The Blood Tests (Evidence of Paternity) (Amendment) Regulations 2004

Statutory Instruments

2004 No. 596

EVIDENCE

The Blood Tests (Evidence of Paternity) (Amendment) Regulations 2004

Made

25th February 2004

Laid before Parliament

9th March 2004

Coming into force

1st April 2004

The Lord Chancellor, in exercise of the powers conferred by section 22(1)(g) of the Family Law Reform Act 1969(1), and now vested in him (2),makes the following Regulations:

1.  These Regulations may be cited as the Blood Tests (Evidence of Paternity) (Amendment) Regulations 2004 and shall come into force on 1st April 2004.

2.  These Regulations apply only to samples taken on or after 1st April 2004 and in respect of samples taken before that date the Blood Tests (Evidence of Paternity) Regulations 1971(3) apply as if these Regulations had not been made.

3.  The Blood Tests (Evidence of Paternity) Regulations 1971 shall be amended in accordance with regulations 4 and 5 below.

4.  For regulation 12 substitute:

“(1) A sampler may charge £27.50 for making the arrangements to take a sample.

(2) The charge in paragraph (1) is payable whether or not a sample is taken.”.

5.  Omit Schedule 2.

Signed by the authority of the Lord Chancellor

Filkin

Parliamentary Under Secretary of State

Department of Constitutional Affairs

Date 25 February 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations alter the charges which may be made by samplers under the Blood Test (Evidence of Paternity Regulations 1971 (SI 1971/1861) for taking samples of bodily fluids pursuant to a direction of the court in determining paternity in civil proceedings. The previous charges were based upon increases in medical fees proposed by the Doctors and Dentists Review Body and accepted by her Majesty’s Government. They were last increased in July 1992 (SI 1992/1369). These charges which were calculated by reference to the number of samples and subjects have been replaced by a single charge of £27.50 for each sample taken (including making the arrangements to take the sample whether or not a sample is taken). The amount is based on the General Practitioner Treasury hourly Rate allowing 15 minutes per sample.

(1)

1969 c. 46; amended by the Family Law Reform Act 1987 (c. 42), Schedule 2 paragraph 23.

(2)

S.I. 1992/709, article 3 and Schedule 2.

(3)

S.I. 1971/1861, as amended by S.I. 1989/776, 1990/359, 1992/1369 and 2001/773.