SCHEDULES

SCHEDULE 9AMENDMENTS

The Civil Evidence Act (Northern Ireland) 1971 (c. 36)

65

1

Section 8 (which relates to the admissibility in civil proceedings of the fact that a person has been adjudged to be the father of a child in affiliation proceedings) shall be amended as provided by sub-paragraphs (2) to (4).

2

In subsection (1), for paragraph (b) substitute the following paragraph—

b

the fact that a person has been found to be the father of a child in relevant proceedings before any court in Northern Ireland or England and Wales or has been adjudged to be the father of a child in affiliation proceedings before any court in the United Kingdom;

3

In subsection (2)—

a

for “to have been adjudged” substitute “to have been found or adjudged”;

b

for “matrimonial or affiliation proceedings” substitute “other proceedings”.

4

In subsection (3), after “matrimonial” insert “or relevant”.

5

In subsection (5), after the definition of “matrimonial proceedings” insert the following definition—

  • “relevant proceedings” means—

    1. a

      proceedings under Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972 or section 101 of the Social Security Administration (Northern Ireland) Act 1992;

    2. b

      proceedings under Article 28 of the Child Support (Northern Ireland) Order 1991;

    3. c

      proceedings under the Children (Northern Ireland) Order 1995;

    4. d

      proceedings under section 5A of the Guardianship of Infants Act 1886 or section 27 of the Judicature (Northern Ireland) Act 1978;

    5. e

      proceedings which are relevant proceedings as defined in section 12(5) of the Civil Evidence Act 1968;