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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Children (Admissibility of Hearsay Evidence) Order 1991 No. 1115 URL: http://www.bailii.org/uk/legis/num_reg/1991/uksi_19911115_en.html |
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Statutory Instruments
EVIDENCE
Made
2nd May 1991
Laid before Parliament
13th May 1991
Coming into force
14th October 1991
The Lord Chancellor, in exercise of the powers conferred on him bysection 96(3) and 104 of the Children Act 1989(1), and of all other powers enabling him in that behalf,hereby makes the following Order:-
1. This Order may be cited as the Children (Admissibility of HearsayEvidence) Order 1991 and shall come into force on 14th October 1991.
2. In civil proceedings before the High Court or a county court and infamily proceedings in a magistrates' court, evidence given in connectionwith the upbringing, maintenance or welfare of a child shall beadmissible notwithstanding any rule of law relating to hearsay.
3. The Children (Admissibility of Hearsay Evidence) Order 1990(2) is revoked.
Mackay of Clashfern, C.
2nd May 1991
(This note is not part of the Order)
This Order is the second exercise by the Lord Chancellor of thepower conferred on him by the Children Act 1989 to abrogate the hearsayrule in respect of evidence given in civil proceedings in connectionwith the upbringing, maintenance or welfare of a child.
The only difference between this Order and the previous Order, whichit revokes, is that, for magistrates' courts, the rule precludinghearsay evidence is now abolished completely in family proceedings(within the meaning of section 8(3) of the Children Act 1989), as hadalready been achieved for all civil proceedings in the High Court andthe county courts; the previous Order made admissible only certainhearsay statements in certain magistrates' courts.
S.I. 1990/143.
