SCHEDULES

SCHEDULE 5Publication and rules of evidence

Part 2Rules of evidence

Power to make provision about judicial notice and admissibility

I14

1

A Minister of the Crown may by regulations—

a

make provision enabling or requiring judicial notice to be taken of a relevant matter, or

b

provide for the admissibility in any legal proceedings of specified evidence of—

i

a relevant matter, or

ii

instruments or documents issued by or in the custody of an EU entity.

2

Regulations under sub-paragraph (1)(b) may provide that evidence is admissible only where specified conditions are met (for example, conditions as to certification of documents).

3

Regulations under this paragraph may modify any provision made by or under an enactment.

4

In sub-paragraph (3) “enactment” does not include primary legislation passed or made after F2IP completion day.

5

For the purposes of this paragraph each of the following is a “relevant matter”—

F4a

assimilated law,

b

EU law,

c

the EEA agreement,

F3ca

the EEA EFTA separation agreement,

cb

the Swiss citizens' rights agreement,

cc

the withdrawal agreement, and

d

anything which is specified in the regulations and which relates to a matter mentioned in paragraph (a), (b) F1, (c), (ca), (cb) or (cc).