The Civil Evidence (Northern Ireland) Order 1997 No. 2983 (NI. 21)

SCHEDULES

Article 13(1).

SCHEDULE 1 AMENDMENTS

The Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))

1.  In section 14 for subsection (3) substitute—

“(3) In this Act “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.”.

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

2.  In section 15—

(a) in subsection (2) after “Wales” insert “and Northern Ireland”;

(b) omit subsection (2B); and

(c) in subsection (2C) omit “or (2B)”.

The Customs and Excise Management Act 1979 (c. 2)

3.  In section 75A(6)(d) for the words from “the said sections” to the end substitute “Article 68 of the Police and Criminal Evidence (Northern Ireland) Order 1989 and Part II of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988.”.

The Companies (Northern Ireland) Order 1986 (NI 6)

4.  In Article 658(3) for the words from “This is subject to” to the end substitute—

• “This is subject, in the case of proceedings to which Article 68 of the Police and Criminal Evidence (Northern Ireland) Order 1989 applies, to compliance with any applicable rules under paragraph (2) of that Article (which relates to evidence from computer records).”.

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17)

5.  In Schedule 1 for paragraph 5 substitute—

“5.— (1) In Part II—

“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, 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.”.

The Police and Criminal Evidence (Northern Ireland) Order 1989 (1989 NI 12)

6.—(1) In Article 2(2), in the definition of “document”, for “has the same meaning as in Part I of the Civil Evidence Act (Northern Ireland) 1971” substitute “means anything in which information of any description is recorded”.

(2) In Article 67 for paragraph (1) substitute—

“(1) In this Part “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.”.

The Vehicle Excise and Registration Act I994 (c. 22)

7.  In section 52—

(a) in subsection (3) after “Wales” insert “and Northern Ireland”;

(b) omit subsection (5); and

(c) in subsection (6) omit “or (5)”.

The Children (Northern Ireland) Order 1995 (1995 NI 2)

8.  In Article 169(8) for the definition beginning “civil proceedings” substitute—

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

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)

9.  In Article 16 for paragraph (3) substitute—

“(3) In paragraphs (1) and (2)—

“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.”.

Article 13(2).

SCHEDULE 2 REPEALS

Chapter or Number	Short title	Extent of repeal
1939 c. 12 (N.I.).	The Evidence Act (Northern Ireland) 1939.	Sections 1 and 2.
		In section 6(1) the definitions of “Court”, “Documents” and “Statement”.
		In section 7, paragraph (b) and the word “or” immediately preceding it.
1971 c. 36 (N.I.).	The Civil Evidence Act (Northern Ireland) 1971.	Part I.
		Section 15(2).
1973 c. 55.	The Statute Law Revision (Northern Ireland) Act 1973.	Section 2.
1976 c. 58.	The International Carriage of Perishable Foodstuffs Act 1976.	In section 15, subsection (2B) and, in subsection (2C), the words “or (2B)”.
1979 c. 2.	The Customs and Excise Management Act 1979.	Section 75A(6)(c).
		Section 118A(6)(e).
1979 NI 8.	The Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979.	Article 23.
1980 NI 3.	The County Courts (Northern Ireland) Order 1980.	In Schedule 1, in Part II, the entry relating to the Civil Evidence Act (Northern Ireland) 1971.
1981 NI 26.	The Magistrates' Courts (Northern Ireland) Order 1981.	In Schedule 6, paragraph 123.
1994 c. 9.	The Finance Act 1994.	Section 22(2)(e).
		In Schedule 7, paragraph 1(6)(e).
1994 c. 22.	The Vehicle Excise and Registration Act 1994.	In section 52, subsection (5) and, in subsection (6), the words “or (5)”.
1994 c. 23.	The Value Added Tax Act 1994.	In Schedule 11, paragraph 6(6)(c).
1995 c. 38.	The Civil Evidence Act 1995.	Section 10.
		Section 16(5).
1996 c. 8.	The Finance Act 1996.	In Schedule 5, paragraph 2(6)(d).