# Children (Admissibility of Hearsay Evidence) Order 1990, Note: Explanatory note


(This note is not part of the Order)
This Order exercises the power taken by the Lord Chancellor in the Children Act 1989 to abrogate the hearsay rule in respect of evidence given in civil proceedings in connection with the upbringing, maintenance or welfare of a child.
Article 2(1) abolishes the rule precluding hearsay evidence given in connection with the upbringing, maintenance or welfare of a child in proceedings before the High Court or a county court. Issues about the upbringing, maintenance or welfare of a child may arise in those courts under the inherent jurisdiction or statutory jurisdictions including those under the Guardianship of Minors Act 1971 (c. 3), the Guardianship Act 1973 (c. 29), the Matrimonial Causes Act 1973 (c. 18), the Children Act 1975 (c. 72), the Adoption Act 1976 (c. 36) and the Family Law Reform Act 1987 (c. 42).
Article 2(2) relaxes the rules relating to hearsay in civil proceedings in the juvenile courts which are presently governed by the Evidence Act 1938 (c. 28) and common law exceptions to the hearsay rule. Issues about the upbringing, maintenance or welfare of a child may arise in the juvenile court including in proceedings under the Children and Young Persons Act 1969 (c. 54), the Children Act 1975 (c. 72) and the Child Care Act 1980 (c. 5).
By Article 2(2)(a) and (b), the hearsay rule is disapplied in respect of statements by children, and in respect of statements against interest by those with control or concerned with the control of the child.
Article 2(2)(c) disapplies the hearsay rule in respect of statements contained in reports submitted by a guardian ad litem or statements by a local authority.

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Source: https://www.legislation.gov.uk/uksi/1990/143/note (the official version)
Page: https://openlegislation.uk/children-admissibility-of-hearsay-evidence-order-1990/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.