{
  "url": "https://openlegislation.uk/armed-forces-and-reserve-forces-compensation-scheme-order-2011/article-60",
  "json_url": "https://openlegislation.uk/armed-forces-and-reserve-forces-compensation-scheme-order-2011/article-60.json",
  "legislation": "uksi/2011/517",
  "legislation_title": "The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011",
  "legislation_url": "https://openlegislation.uk/armed-forces-and-reserve-forces-compensation-scheme-order-2011",
  "path": "article/60",
  "kind": "article",
  "number": "60",
  "heading": "Burden of proof",
  "text": "(1) Subject to the provisions of this article, the burden of proving any issue is on the claimant.\n(2) Where paragraph (3) applies there is a presumption in favour of the claimant unless the Secretary of State proves to the contrary.\n(3) This paragraph applies where—\n(a) a contemporary official record relating to a material fact which is relevant to deciding a condition for payment of benefit under Part 2 is missing; and\n(b) there is other reliable evidence to determine the material fact.\n(4) For the purpose of paragraph (3)—\n(a) “a contemporary official record” means a record, including an electronic record, held by the Secretary of State for Defence or the Defence Council;\n(b) “a material fact” need not be a decisive fact for the purpose of determining a claim under Part 2;\n(c) a record is missing where it has been—\n(i) lost and cannot be found after a diligent search; or\n(ii) destroyed.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2011/517/article/60",
    "retrieved_at": "2026-10-29T02:15:22.056707+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}