Evidence (Proceedings in Other Jurisdictions) Act 1975

Supplementary U.K.

7 Rules of court. U.K.

[F1 Civil Procedure Rules or rules of court under] section 7 of the M1 Northern Ireland Act 1962 [F1 may make provision]—

(a) as to the manner in which any such application as is mentioned in section 1 above is to be made;

(b) subject to the provisions of this Act, as to the circumstances in which an order can be made under section 2 above; and

(c) as to the manner in which any such reference as is mentioned in section 3(2) above is to be made;

and any such rules may include such incidental, supplementary and consequential provision as the authority making the rules may consider necessary or expedient.

Textual Amendments

F1 Words in s. 7 substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 177; S.I. 2005/910, art. 3(y)

Marginal Citations

M1 1962 c. 30.

8 Consequential amendments and repeals. U.K.

(1) The Enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

(2) The Enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) Nothing in this section shall affect—

(a) any application to any court or judge which is pending at the commencement of this Act;

(b) any certificate given for the purposes of any such application;

(c) any power to make an order on such an application; or

(d) the operation or enforcement of any order made on such an application.

(4) Subsection (3) above is without prejudice to section 38(2) of the M2 Interpretation Act 1889 (effect of repeals).

Modifications etc. (not altering text)

C1 The text of S. 8(1)(2), Sch. 1, Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M2 1889 c. 63.

9 Interpretation. U.K.

(1) In this Act—

• “civil proceedings”, in relation to the requesting court, means proceedings in any civil or commercial matter;

• “requesting court” has the meaning given in section 1 above;

• “property” includes any land, chattel or other corporeal property of any description;

• “request” includes any commission, order or other process issued by or on behalf of the requesting court.

(2) In relation to any application made in pursuance of a request issued by the High Court under [F2 section 56 of the County Courts Act 1984] or the High Court of Justice in Northern Ireland under [F3 Article 43 of the County Courts (Northern Ireland) Order 1980], the reference in section 1(b) above to proceedings instituted before the requesting court shall be construed as a reference to the relevant proceedings in the county court.

(3) Any power conferred by this Act to make an Order in Council includes power to revoke or vary any such Order by a subsequent Order in Council.

(4) Nothing in this Act shall be construed as enabling any court to make an order that is binding on the Crown or on any person in his capacity as an officer or servant of the Crown.

(5) Except so far as the context otherwise requires, any reference in this Act to any enactment is a reference to that enactment as amended or extended by or under any other enactment.

Textual Amendments

F2 Words substituted by County Courts Act 1984 (c. 28, SIF 34), s. 148(1)(2), Sch. 2 Pt. V para. 53, Sch. 3 para. 9

F3 Words substituted by S.I. 1980/397 (N.I. 3), art. 68(2), Sch. 1 Pt. II

10 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Evidence (Proceedings in Other Jurisdictions) Act 1975.

(2) This Act shall come into operation on such day as Her Majesty may by Order in Council appoint.

(3) Her Majesty may by Order in Council make provision for extending any of the provisions of this Act (including section 6 or any Order in Council made thereunder), with such exceptions, adaptations or modifications as may be specified in the Order, to any of the Channel Islands, the Isle of Man, any colony (other than a colony for whose external relations a country other than the United Kingdom is responsible) or any country or territory outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of Her Majesty’s Government in the United Kingdom.

Subordinate Legislation Made

P1 S. 10(2): 4.5.1976 appointed by S.I. 1976/429, art. 2