Rule 5
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(1)
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In this rule -
bodily samples and scientific
tests have the meanings assigned to them by section 25 of the Family Law
Reform Act 1969
(171)
; and
direction means a direction for the
use of scientific tests under section 20(1) of that Act.
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(2)
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Except with the permission 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 bodily samples.
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(3)
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Where an application is made for a direction
involving the taking of bodily samples from a person who is not a party to the
proceedings in which the application is made, the application notice shall be
served on him personally and the court may at any time direct him to be made a
party to the proceedings.
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(4)
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Where an application is made for a direction in
respect of a person (in this paragraph referred to as a person under
disability) who is either -- under 16; or
- suffering from mental disorder within the
meaning of the Mental Health Act 1983
(172)
and incapable of understanding the nature and
purpose of scientific tests,
the notice of application 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.
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(5)
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Where the court gives a direction in any
proceedings, the court officer shall send a copy to every party to the
proceedings and to every other person from whom the direction involves the
taking of bodily samples, and, unless otherwise ordered, the proceedings shall
stand adjourned until the court receives a report pursuant to the
direction.
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(6)
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On receipt by the court of a report made pursuant
to a direction, the court officer shall send a copy to every party to the
proceedings and to every other person from whom the direction involved the
taking of bodily samples.
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