SCHEDULES

SCHEDULE 16Minor and consequential amendments

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

I1I459

1

Section 7 of the Civil Evidence Act (Northern Ireland) 1971 (convictions as evidence in civil proceedings) is amended as follows.

2

In subsection (1) for “by a court-martial there or elsewhere” substitute “ of a service offence (anywhere) ”.

3

In subsection (2) for “by a court-martial there or elsewhere” substitute “ of a service offence ”.

4

In subsection (5) after paragraph (b) insert—

bb

section 187 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);

5

For subsection (6) substitute—

7

In this section—

  • service offence” has the same meaning as in the Armed Forces Act 2006;

  • conviction” includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction, and “convicted” is to be read accordingly.

I2I560

In section 9 of that Act (conclusiveness of convictions for purposes of defamation actions)—

a

in subsection (3) for “by a court-martial there or elsewhere” substitute “ (in the case of a service offence) a conviction (anywhere) of that service offence ”;

b

in subsection (4) for “(6)” substitute “ (7) ”.

I3I661

In section 14 of that Act (general interpretation etc)—

a

in subsection (2), in the definition of “court” for “court-martial” substitute “ service court ”;

b

after that subsection insert—

2A

In subsection (2) “service court” means the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court.