Civil Evidence Act 1995

SCHEDULES

Section 15(1).

SCHEDULE 1 Consequential amendments

Army Act 1955 (c. 18)

1 For section 62 of the Army Act 1955 (making of false documents) substitute—

“62 Making of false documents

(1) A person subject to military law who—

(a) makes an official document which is to his knowledge false in a material particular, or

(b) makes in any official document an entry which is to his knowledge false in a material particular, or

(c) tampers with the whole or any part of an official document (whether by altering it, destroying it, suppressing it, removing it or otherwise), or

(d) with intent to deceive, fails to make an entry in an official document,

is liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) For the purposes of this section—

(a) a document is official if it is or is likely to be made use of, in connection with the performance of his functions as such, by a person who holds office under, or is in the service of, the Crown; and

(b) a person who has signed or otherwise adopted as his own a document made by another shall be treated, as well as that other, as the maker of the document.

(3) In this section “document” means anything in which information of any description is recorded.”.

Air Force Act 1955 (c. 19)

2 For section 62 of the Air Force Act 1955 (making of false documents) substitute—

“62 Making of false documents

(1) A person subject to air-force law who—

(a) makes an official document which is to his knowledge false in a material particular, or

(b) makes in any official document an entry which is to his knowledge false in a material particular, or

(c) tampers with the whole or any part of an official document (whether by altering it, destroying it, suppressing it, removing it or otherwise), or

(d) with intent to deceive, fails to make an entry in an official document,

is liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) For the purposes of this section—

(a) a document is official if it is or is likely to be made use of, in connection with the performance of his functions as such, by a person who holds office under, or is in the service of, the Crown; and

(b) a person who has signed or otherwise adopted as his own a document made by another shall be treated, as well as that other, as the maker of the document.

(3) In this section “document” means anything in which information of any description is recorded.”.

Naval Discipline Act 1957 (c. 53)

3 For section 35 of the Naval Discipline Act 1957 (making of false documents) substitute—

“35 Falsification of documents

(1) A person subject to this Act who—

(a) makes an official document which is to his knowledge false in a material particular, or

(b) makes in any official document an entry which is to his knowledge false in a material particular, or

(c) tampers with the whole or any part of an official document (whether by altering it, destroying it, suppressing it, removing it or otherwise), or

(d) with intent to deceive, fails to make an entry in an official document,

is liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

(2) For the purposes of this section—

(a) a document is official if it is or is likely to be made use of, in connection with the performance of his functions as such, by a person who holds office under, or is in the service of, the Crown; and

(b) a person who has signed or otherwise adopted as his own a document made by another shall be treated, as well as that other, as the maker of the document.

(3) In this section “document” means anything in which information of any description is recorded.”.

Gaming Act 1968 (c. 65)

4 In section 43 of the Gaming Act 1968 (powers of inspectors and related provisions), for subsection (11) substitute—

“(11) In this section—

• “document” means anything in which information of any description is recorded, and

• “copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.”.

Vehicle and Driving Licences Act 1969 (c. 27)

5 (1) Section 27 of the Vehicle and Driving Licences Act 1969 (admissibility of records as evidence) is amended as follows.

(2) For subsection (2) substitute—

“(2) In subsection (1) of this section—

• “document” means anything in which information of any description is recorded;

• “copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and

• “statement” means any representation of fact, however made.”.

(3) In subsection (4)(b), for the words from “for the references” to the end substitute “for the definitions of ‘document’, ‘copy’ and ‘statement’ there were substituted “document” and “statement” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act, but nothing in this paragraph shall be construed as limiting to civil proceedings the references to proceedings in subsection (1)’.”.

Taxes Management Act 1970 (c. 9)

6 In section 20D of the Taxes Management Act 1970 (interpretation of ss.20 to 20CC), for subsection (3) substitute—

“(3) Without prejudice to section 127 of the Finance Act 1988, in sections 20 to 20CC above “document” means, subject to sections 20(8C) and 20A(1A), anything in which information of any description is recorded.”.

Civil Evidence Act 1972 (c. 30)

7 (1) Section 5 of the Civil Evidence Act 1972 (interpretation and application of Act) is amended as follows.

(2) For subsection (1) (meaning of “civil proceedings” and “court”) substitute—

“(1) In this Act “civil proceedings” means civil proceedings, before any tribunal, in relation to which the strict rules of evidence apply, whether as a matter of law or by agreement of the parties; and references to “the court” shall be construed accordingly.”.

(3) For subsection (2) (application of High Court or county court rules to certain other civil proceedings) substitute—

“(2) The rules of court made for the purposes of the application of sections 2 and 4 of this Act to proceedings in the High Court apply, except in so far as their application is excluded by agreement, to proceedings before tribunals other than the ordinary courts of law, subject to such modifications as may be appropriate.

Any question arising as to what modifications are appropriate shall be determined, in default of agreement, by the tribunal.”.

International Carriage of Perishable Foodstuffs Act 1976 (c. 58)

8 In section 15 of the International Carriage of Perishable Foodstuffs Act 1976 (admissibility of records as evidence), for subsection (2) substitute—

“(2) In this section as it has effect in England and Wales—

• “document” means anything in which information of any description is recorded;

• “copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and

• “statement” means any representation of fact, however made.

(2A) In this section as it has effect in Scotland, “document” and “statement” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act.

(2B) In this section as it has effect in Northern Ireland, “document” and “statement” have the same meanings as in section 6(1) of the Civil Evidence Act (Northern Ireland) 1971, and the reference to a copy of a document shall be construed in accordance with section 6(2) of that Act.

(2C) Nothing in subsection (2A) or (2B) above shall be construed as limiting to civil proceedings the references to proceedings in subsection (1) above.”.

Police and Criminal Evidence Act 1984 (c. 60)

9 (1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 72(1) (interpretation of provisions relating to documentary evidence), for the definition of “copy” and “statement” substitute—

““copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly, and “statement” means any representation of fact, however made; and”.

(3) In section 118(1) (general interpretation), in the definition of “document”, for “has the same meaning as in Part I of the Civil Evidence Act 1968” substitute “means anything in which information of any description is recorded.”.

Companies Act 1985 (c. 6)

10 In section 709 of the Companies Act 1985 (inspection, &c. of records kept by registrar), in subsection (3) (use in evidence of certified copy or extract), for the words from “In England and Wales” to the end substitute—

“In England and Wales this is subject, in the case of proceedings to which section 69 of the Police and Criminal Evidence Act 1984 applies, to compliance with any applicable rules of court under subsection (2) of that section (which relates to evidence from computer records).”.

Finance Act 1985 (c. 54)

11 (1) Section 10 of the Finance Act 1985 (production of computer records, &c.) is amended as follows.

(2) In subsection (1) (general scope of powers conferred in relation to assigned matters within meaning of Customs and Excise Management Act 1979), for the words from “were a reference” to the end substitute “were a reference to anything in which information of any description is recorded and any reference to a copy of a document were a reference to anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly”.

(3) In subsection (3) (documents within powers conferred by subsection (2)), for the words “, within the meaning of Part I of the Civil Evidence Act 1968,” substitute “, within the meaning given by subsection (1) above,”.

(4) In subsection (5) (scope of offences relating to false documents, &c.), for “the same meaning as in Part I of the Civil Evidence Act 1968” substitute “the meaning given by subsection (1) above”.

(5) Omit subsection (7) (adaptation of references to Civil Evidence Act 1968).

Criminal Justice Act 1988 (c. 33)

12 In Schedule 2 to the Criminal Justice Act 1988 (supplementary provisions as to documentary evidence), for paragraph 5 (application of interpretation provisions) substitute—

“5 (1) In Part II of this Act—

• “document” means anything in which information of any description is recorded;

• “copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and

• “statement” means any representation of fact, however made.

(2) For the purposes of Part II of this Act evidence which, by reason of a defect of speech or hearing, a person called as a witness gives in writing or by signs shall be treated as given orally.”.

Finance Act 1988 (c. 39)

13 (1) Section 127 of the Finance Act 1988 (production of computer records, &c.) is amended as follows.

(2) In subsection (1) (general scope of powers conferred by or under Taxes Acts), for the words from “were a reference” to the end substitute “were a reference to anything in which information of any description is recorded and any reference to a copy of a document were a reference to anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly”.

(3) In subsection (3) (documents within powers conferred by subsection (2)), for the words “, within the meaning of Part I of the Civil Evidence Act 1968,” substitute “, within the meaning given by subsection (1) above,”.

(4) Omit subsection (5) (adaptation of references to Civil Evidence Act 1968).

Housing Act 1988 (c. 50)

14 In section 97 of the Housing Act 1988 (information, &c. for applicant), for subsection (4) substitute—

“(4) In this section “document” means anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form any reference to sight of the document is to sight of the information in legible form.”.

Road Traffic Offenders Act 1988 (c. 53)

15 In section 13 of the Road Traffic Offenders Act 1988 (admissibility of records as evidence), for subsection (3) substitute—

“(3) In the preceding subsections, except in Scotland—

• “copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly;

• “document” means anything in which information of any description is recorded; and

• “statement” means any representation of fact, however made.

(3A) In Scotland, in the preceding subsections “document” and “statement” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act; but nothing in this subsection shall be construed as limiting to civil proceedings the references to proceedings in subsection (2) above.”.

Children Act 1989 (c. 41)

16 In section 96(7) of the Children Act 1989 (evidence given by, or with respect to, children: interpretation), for the definition of “civil proceedings” and “court” substitute—

““civil proceedings” means civil proceedings, before any tribunal, in relation to which the strict rules of evidence apply, whether as a matter of law or by agreement of the parties, and references to “the court” shall be construed accordingly;”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

17 In section 11(9) of the Leasehold Reform, Housing and Urban Development Act 1993 (right of qualifying tenant to certain information: interpretation), for the definition of “document” substitute—

““document” means anything in which information of any description is recorded, and in relation to a document in which information is recorded otherwise than in legible form any reference to sight of the document is to sight of the information in legible form;”.

Finance Act 1993 (c. 34)

18 In Schedule 21 to the Finance Act 1993 (oil taxation: supplementary provisions as to information), in paragraph 14(1) (meaning of “document”), for the words from “has the same meaning” to the end substitute “means anything in which information of any description is recorded”.

Vehicle Excise and Registration Act 1994 (c. 22)

19 In section 52 of the Vehicle Excise and Registration Act 1994 (admissibility of records as evidence), for subsections (3) to (5) substitute—

“(3) In this section as it has effect in England and Wales—

• “document” means anything in which information of any description is recorded;

• “copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and

• “statement” means any representation of fact, however made.

(4) In this section as it has effect in Scotland, “document” and “statement” have the same meanings as in section 17(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, and the reference to a copy of a document shall be construed in accordance with section 17(4) of that Act.

(5) In this section as it has effect in Northern Ireland, “document” and “statement” have the same meanings as in section 6(1) of the Civil Evidence Act (Northern Ireland) 1971, and the reference to a copy of a document shall be construed in accordance with section 6(2) of that Act.

(6) Nothing in subsection (4) or (5) limits to civil proceedings the references to proceedings in subsection (1).”.

Value Added Tax Act 1994 (c. 23)

20 In section 96(1) of the Value Added Tax Act 1994 (general interpretative provisions), at the appropriate places insert—

• “document” means anything in which information of any description is recorded; and

• “copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.

Section 15(2).

SCHEDULE 2 Repeals

Chapter	Short title	Extent of repeal
1938 c. 28.	Evidence Act 1938.	Sections 1 and 2.
		Section 6(1) except the words from ““Proceedings”” to “references”.
		Section 6(2)(b).
1968 c. 64.	Civil Evidence Act 1968.	Part I.
1971 c. 33.	Armed Forces Act 1971.	Section 26.
1972 c. 30.	Civil Evidence Act 1972.	Section 1.
		Section 2(1) and (2).
		In section 2(3)(b), the words from “by virtue of section 2” to “out-of-court statements)”.
		In section 3(1), the words “Part I of the Civil Evidence Act 1968 or”.
		In section 6(3), the words “1 and”, in both places where they occur.
1975 c. 63.	Inheritance (Provision for Family and Dependants) Act 1975.	Section 21.
1979 c. 2.	Customs and Excise Management Act 1979.	Section 75A(6)(a).
		Section 118A(6)(a).
1980 c. 43.	Magistrates' Courts Act 1980.	In Schedule 7, paragraph 75.
1984 c. 28.	County Courts Act 1984.	In Schedule 2, paragraphs 33 and 34.
1985 c. 54.	Finance Act 1985.	Section 10(7).
1986 c. 21.	Armed Forces Act 1986.	Section 3.
1988 c. 39.	Finance Act 1988.	Section 127(5).
1990 c. 26.	Gaming (Amendment) Act 1990.	In the Schedule, paragraph 2(7).
1994 c. 9.	Finance Act 1994.	Section 22(2)(a).
		In Schedule 7, paragraph 1(6)(a).
1994 c. 23.	Value Added Tax Act 1994.	Section 96(6) and (7).
		In Schedule 11, paragraph 6(6)(a).
1995 c. 4.	Finance Act 1995.	In Schedule 4, paragraph 38.