Enterprise Act 2002 (repealed)

228 EvidenceF2 U.K.

(1) Proceedings under this Part are civil proceedings for the purposes of—

(a) section 11 of the Civil Evidence Act 1968 (c. 64) (convictions admissible as evidence in civil proceedings);

(b) section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70) (corresponding provision in Scotland);

(c) section 7 of the Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.)) (corresponding provision in Northern Ireland).

(2) In proceedings under this Part any finding by a court in civil proceedings that an act or omission mentioned in section 211(2)(b), (c) or (d) or 212(1) has occurred—

(a) is admissible as evidence that the act or omission occurred;

(b) unless the contrary is proved, is sufficient evidence that the act or omission occurred.

(3) But subsection (2) does not apply to any finding—

(a) which has been reversed on appeal;

(b) which has been varied on appeal so as to negative it.

[F1 (4) This section does not apply to proceedings for an offence under section 227E.]

Textual Amendments

F1 S. 228(4) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 18

Textual Amendments applied to the whole legislation

F2 Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]