"document" means anything in which information of any description is recorded, and "copy", in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly;

"hearsay" shall be construed in accordance with Article 3(3);

"oral evidence" includes evidence which, by reason of a defect of speech or hearing, a person called as a witness gives in writing or by signs;

"the original statement", in relation to hearsay evidence, means the underlying statement (if any) by - 

(a) in the case of evidence of fact, a person having personal knowledge of that fact, or

(b) in the case of evidence of opinion, the person whose opinion it is;

"statement" means any representation of fact or opinion, however made;

"statutory provision" has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

    (3) In this Order "civil proceedings" means civil proceedings, before any court or other tribunal, in relation to which the strict rules of evidence apply.

    (4) In the following provisions of this Order - 

"court" means any such court or tribunal as is referred to in paragraph (3);

"rules of court" means rules regulating the practice and procedure of such a court or tribunal.

(a) "hearsay" means a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated; and

(b) references to hearsay include hearsay of whatever degree.

    (4) Nothing in this Order affects the admissibility of evidence admissible apart from this Article.

    (5) The provisions of Articles 4 to 6 (safeguards relating to hearsay evidence) do not apply in relation to hearsay evidence admissible apart from this Article, notwithstanding that it may also be admissible by virtue of this Article.

(a) of enabling the witness to be brought before the court; or

(b) of giving the party concerned a proper opportunity to investigate the statement or the credibility of the witness.

(a) with the leave of the court; or

(b) for the purpose of rebutting a suggestion that his evidence has been fabricated.

    (3) Without prejudice to any provision made by rules of court by virtue of Article 4(1), where in the case of civil proceedings section 3,4 or 5 of the Criminal Procedure Act 1865 applies, which make provision as to - 

(a) how far a witness may be discredited by the party producing him,

(b) the proof of contradictory statements made by a witness, and

(c) cross-examination as to previous statements in writing,

this Order does not authorise the adducing of evidence of a previous inconsistent or contradictory statement otherwise than in accordance with those sections.

    (4) Where evidence of a previous statement is adduced as mentioned in paragraph (2) or (3), the statement shall be admissible as evidence of the matters stated.

    (5) Nothing in this Order affects any of the rules of law as to the circumstances in which, where a person called as a witness in civil proceedings is cross-examined on a document used by him to refresh his memory, that document may be made evidence in the proceedings.

(a) by the production of that document; or

(b) whether or not that document is still in existence, by the production of a copy of that document or of the material part of it,

    " (3) In this Act "statutory provision" has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.".

(a) in subsection (2) after "Wales" insert "and Northern Ireland";

(b) omit subsection (2B); and

(c) in subsection (2C) omit "or (2B)".

The Customs and Excise Management Act 1979 (c. 2)

     3. In section 75A(6)(d) for the words from "the said sections" to the end substitute "Article 68 of the Police and Criminal Evidence (Northern Ireland) Order 1989 and Part II of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988.".

" This is subject, in the case of proceedings to which Article 68 of the Police and Criminal Evidence (Northern Ireland) Order 1989 applies, to compliance with any applicable rules under paragraph (2) of that Article (which relates to evidence from computer records).".

     " 5.  - (1) In Part II - 


"document" means anything in which information of any description is recorded;
"copy", in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and
"statement" means any representation of fact, however made.

    (2) For the purposes of Part II, evidence which, by reason of a defect of speech or hearing, a person called as a witness gives in writing or by signs shall be treated as given orally.".

    " (1) In this Part "copy", in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly, and "statement" means any representation of fact, however made.".

(a) in subsection (3) after "Wales" insert "and Northern Ireland";

(b) omit subsection (5); and

(c) in subsection (6) omit "or (5)".

The Children (Northern Ireland) Order 1995 (1995 NI 2)

     8. In Article 169(8) for the definition beginning "civil proceedings" substitute - 

" "civil proceedings" means civil proceedings, before any court or other tribunal, in relation to which the strict rules of evidence apply, whether as a matter of law or by agreement of the parties, and "court" means any such court or tribunal;".

    " (3) In paragraphs (1) and (2) - 


"document" means anything in which information of any description is recorded;
"copy", in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly; and
"statement" means any representation of fact, however made.".