Civil Evidence (1997 Order) (Commencement No. 1) Order (Northern Ireland) 1999

Statutory Rules of Northern Ireland

1999 No. 256 (C. 21)

CIVIL EVIDENCE

Civil Evidence (1997 Order) (Commencement No. 1) Order (Northern Ireland) 1999

Made

27th May 1999

In exercise of the powers conferred on me by Article 1(2) of the Civil Evidence (Northern Ireland) Order 1997(1) and of all other powers enabling me in that behalf, I hereby make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Civil Evidence (1997 Order) (Commencement No. 1) Order (Northern Ireland) 1999.

(2) In this Order “the 1997 Order” means the Civil Evidence (Northern Ireland) Order 1997.

Appointed day

2.—(1) The following provisions of the 1997 Order, that is to say,

(a) Articles 4(1); and

(b) Article 11,

shall come into operation on 1st June 1999.

(2) The following provisions of the 1997 Order, that is to say,

(a) Article 2; and

(b) Article 3(3),

shall, in so far as they relate to the making of rules of court under the provisions mentioned in paragraph (1), come into operation on 1st June 1999.

Marjorie Mowlam

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

27th May 1999

Explanatory Note

(This note is not part of the Order.)

This Order brings into operation on 1st June 1999 the rule-making provisions in Articles 4(1) and 11 of the Civil Evidence (Northern Ireland) Order 1997. It also brings into operation certain introductory provisions insofar as they relate to the making of such rules.

Article 4(1) authorises rules of court which may provide that, where a party to civil proceedings adduces hearsay evidence of a statement made by a person and does not call that person as a witness, any other party to the proceedings may, with the leave of the court, call that person as a witness and cross-examine him on the statement as if he had been called by the first-mentioned party and as if the hearsay statement were his evidence in chief.

(1)

S.I. 1997/2983 (N.I. 21)