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Children (Admissibility of Hearsay Evidence) Order 1991

As Enacted Cited authorities 3 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1991/1115
Year1991

1991 No. 1115

EVIDENCE

The Children (Admissibility of Hearsay Evidence) Order 1991

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 19891, and of all other powers enabling him in that behalf,hereby makes the following Order:—

S-1 Citation and commencement

Citation and commencement

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

S-2 Admissibility of hearsay evidence

Admissibility of hearsay evidence

2. 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.

S-3 Revocation

Revocation

3. The Children (Admissibility of Hearsay Evidence) Order 19902is revoked.

Mackay of Clashfern, C.

2nd May 1991

(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.

(1) 1989 c. 41.
(2) S.I.1990/143.

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