The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 112 APPLICATIONS FOR USE OF BLOOD TESTS IN DETERMINING PATERNITY

Interpretation

1.  In this Order—

“blood samples” and “blood tests” have the meanings assigned to them by Article 13 of the Family Law Reform (Northern Ireland) Order 1977(1);

“direction” means a direction for the use of blood tests under Article 8(1) of that Order;

“the proper officer” means the officer of the court who draws up a direction.

[E.r. 1]

Application for direction

2.—(1) Except with the leave of the Court, an application in any proceedings for a direction shall be made on notice to every party to the proceedings (other than the applicant) and to any other person from whom the direction involves the taking of blood samples.

(2) If the application is made otherwise than at the hearing of the proceedings it shall be made by summons.

(3) Any notice or summons required by this rule to be served on a person who is not a party to the proceedings shall be served on him personally.

[E.r. 2]

Applications involving persons under disability

3.  Where an application is made for a direction in respect of a person (in this rule referred to as a person under disability) who is either—

(a) under 16, or

(b) suffering from a mental disorder within the meaning of the Mental Health Act (Northern Ireland) 1961(2) and incapable of understanding the nature and purpose of blood tests,

the notice of application or summons shall state the name and address of the person having the care and control of the person under disability and shall be served on him instead of on the person under disability.

[E.r. 3]

Joinder of person to be tested

4.  Where an application is made for a direction involving the taking of blood samples from a person who is not a party to the proceedings in which the application is made, the Court may at any time direct that person to be made a party to the proceedings.

[E.r. 4]

Service of direction and adjournment of proceedings

5.  Where the Court gives a direction in any proceedings, the proper officer shall send a copy to every party to the proceedings and to every other person from whom the direction involves the taking of blood samples and, unless otherwise ordered, further consideration of the proceedings shall stand adjourned until the court receives a report pursuant to the direction.

[E.r. 5]

Service of copy of report

6.  On receipt by the court of a report made pursuant to a direction, the proper officer shall send a copy to every party to the proceedings and to every other person from whom the direction involved the taking of blood samples.

[E.r. 6]

(1)

S.I. 1977 No. 1250 (N.I. 17)

(2)

1961 c. 15 (N.I.)