xmlns:atom="http://www.w3.org/2005/Atom"

Statutory Instruments

1984 No. 857

EVIDENCE

The Evidence (British Indian Ocean Territory) Order 1984

Made

25th June 1984

Coming into Operation

25th June 1984

At the Court at Buckingham Palace, the 25th day of June 1984

Present,

The Queen's Most Excellent Majesty in Council

Whereas Her Majesty in Council is satisfied that there exist in the British Indian Ocean Territory (hereinafter referred to as ‘the Territory’) public registers kept under the law of the Territory and recognised by the courts thereof as authentic records, and that those registers are regularly and properly kept:

Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 5(1) of the Oaths and Evidence (Overseas Authorities and Countries) Act 1963 and all other powers in that behalf in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.—(1) This Order may be cited as the Evidence (British Indian Ocean Territory) Order 1984, and shall come into operation on 25th June 1984.

(2) This Order extends to all parts of the United Kingdom.

2.  The registers of the Territory specified in the first column of the Schedule to this Order shall be deemed to be public registers kept under the authority of the law of the Territory and recognised by the Courts thereof as authentic records, and to be documents of such a public nature as to be admissible as evidence of the matters regularly recorded therein.

3.  For the purposes of the preceding Article all matters recorded in the registers shall be deemed, until the contrary is proved, to be regularly recorded.

4.  Subject to any requirements of rules of court, a document which purports to be issued in the Territory as an official copy of an entry in any of the registers specified in the first column of the Schedule to this Order and which purports to be authenticated by an officer of the Territory in the manner specified in that Schedule, shall, without evidence as to the custody of the register or of inability to produce it and without any further or other proof, be received as evidence that the register contains such an entry.

5.  Nothing in this Order shall be taken to prohibit or restrict the admission in evidence of any copy, extract, summary, certificate or other document whatsoever which, apart from the provisions of this Order, would be admissible as evidence of any particular matter, or to affect any power which, otherwise than by virtue of this Order, is exercisable by any court with respect to the admission of documents in evidence.

N.E. Leigh

Clerk of the Privy Council

Articles 2 & 4

SCHEDULE

RegisterCertifying OfficerMode of Authentication
Register of BirthsThe Commissioner's RepresentativeThe signature of the certifying officer.
Register of DeathsThe Commissioner's RepresentativeThe signature of the certifying officer.
Register of MarriagesThe Commissioner's RepresentativeThe signature of the certifying officer.

EXPLANATORY NOTE

The Order makes entries contained in the specified public registers of the British Indian Ocean Territory admissible in evidence in the United Kingdom and provides for their proof by official certificates.