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The Children (Admissibility of Hearsay Evidence) Order 1991

S.I. 1991/1115 · Made 2 May 1991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

EVIDENCE

Made 2nd May 1991

Laid before Parliament 13th May 1991

Coming into force 14th October 1991

The Lord Chancellor, in exercise of the powers conferred on him bysection 96(3) and 104 of the Children Act 1989f1, and of all other powers enabling him in that behalf,hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

1989 c. 41.

Contents

  1. 1Citation and commencement
  2. 2Admissibility of hearsay evidence
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Children (Admissibility of HearsayEvidence) Order 1991 and shall come into force on 14th October 1991.

2Admissibility of hearsay evidence

In civil proceedings before the High Court or a county court and infamily proceedings in a magistrates' court, evidence given in connectionwith the upbringing, maintenance or welfare of a child shall beadmissible notwithstanding any rule of law relating to hearsay.

3Revocation

The Children (Admissibility of Hearsay Evidence) Order 1990f1 is revoked.

Signature

Mackay of Clashfern, C.

2nd May 1991

Explanatory note

(This note is not part of the Order)

This Order is the second exercise by the Lord Chancellor of thepower conferred on him by the Children Act 1989 to abrogate the hearsayrule in respect of evidence given in civil proceedings in connectionwith the upbringing, maintenance or welfare of a child.

The only difference between this Order and the previous Order, whichit revokes, is that, for magistrates' courts, the rule precludinghearsay evidence is now abolished completely in family proceedings(within the meaning of section 8(3) of the Children Act 1989), as hadalready been achieved for all civil proceedings in the High Court andthe county courts; the previous Order made admissible only certainhearsay statements in certain magistrates' courts.