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Explanatory note

Original text. Later amendments are not shown.

(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.