Rules of the Superior Courts (No. 1), (Proof of Foreign Diplomatic, Consular and Public Documents), 1999
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: The following shall be inserted as Parts VII, VIII and IX of Order 39 of the Rules of the Superior Courts after Part VI thereof:
“
VII. PROOF OF FOREIGN PUBLIC, DIPLOMATIC AND CONSULAR DOCUMENTS OF MEMBER STATES OF THE EUROPEAN COMMUNITIES.
num: 52
paragraphs: (1) In this Part:
“Central Authority” means the Central Authority of a Contracting State designated in accordance with Article 5 of the Convention;
“the Convention” means the Convention Abolishing the Legalisation of Documents in the Member States of the European Communities done at Brussels on the 25th May, 1987;
“a Contracting State” means a State which is a party to the Convention other than the State and includes a State which has made a declaration pursuant to Article 6 (3) of the Convention;
“document” means and includes any document or documents which are public documents within the meaning of Article 1 of the Convention.
(2) A document which purports to be a public document within the meaning of Article 1 of the Convention shall, without proof of any formal procedure for certifying the authenticity of a signature, the capacity in which the person signing the document has acted, or where appropriate, the identity of the seal or stamp which it bears, be admissible in evidence as such if otherwise admissible.
(3) In any case in which the Court has serious doubts, with good reason, in relation to any document which is produced as to the authenticity of the signature, the capacity in which the person signing the document has acted, or the identity or seal of the stamp which it bears, it may direct that such information as it thinks relevant be requested in accordance with Article 4 of the Convention from the Central Authority of the State from which the act or document emanated. In any such case the Court shall in its directions set out the grounds upon which they are based.
(4) The provisions of Order 40, rule 7 shall apply mutatis mutandis, where applicable and to the extent required in relation to the taking of judicial notice of the seal or signature as the case may be, of any diplomatic or consular representative or agent, judge, court or notary public lawfully authorised to administer oaths in any of the Contracting States.
(5) This Part shall apply to any document to which the Convention applies and Parts VIII and IX shall not apply thereto.
VIII. PROOF OF FOREIGN DIPLOMATIC AND CONSULAR DOCUMENTS
num: 53
paragraphs: (1) In this Part:
“the Convention” means the European Convention on the Abolition of Legalisation of Documents Executed by Diplomatic Agents or Consular Officers done at London on the 7th June, 1968;
“a Contracting State” means a State which is a party to the Convention other than the State;
“document” means and includes any document or documents to which Article 2 of the Convention applies.
(2) A document which purports to have been executed by the diplomatic agents or consular officers of a Contracting State shall, without proof of any formality used to certify the authenticity of the signature on such a document, the capacity in which the person signing such a document has acted, and where appropriate, the identity of the seal or stamp which such document bears, be admissible without such proof if otherwise admissible.
(3) The Court may, where necessary, give such directions as to the verification of the authenticity of any document as it thinks fit.
(4) This Part shall not apply to any document to which Part VII applies.
IX. PROOF OF FOREIGN PUBLIC DOCUMENTS
num: 54
paragraphs: (1) In this Part:
“an apostille” means an apostille issued in pursuance of the Convention and conforming to the model set out in the annex to the Convention;
“the Convention” means the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents done at The Hague on the 5th October, 1961;
“a Contracting State” means a State which is a party to the Convention other than the State.
(2) A document which purports to be an apostille duly issued and executed in a Contracting State in accordance with the Convention shall without further proof be deemed to be such and shall be admissible as evidence of the facts stated therein unless the contrary is shown.
(3) This Part shall not apply to any document to which Part VII or VIII applies.
num: 2
paragraphs: This rule shall be construed together with the Rules of the Superior Courts 1986 to 1999 and may be cited as the Rules of the Superior Courts (No. 1) (Proof of Foreign Diplomatic, Consular and Public Documents), 1999.
num: 3
paragraphs: This rule shall come into operation on the 9th day of March, 1999.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Rules come into operation on the 9th March, 1999 and provide for the addition to Order 39 of the Rules of the Superior Courts pursuant to the ratification of (a) the Convention Abolishing the Legalisation of Documents in the Member States of the European Communities done at Brussels on the 25th May, 1987, (b) the European Convention on the Abolition of Legalisation of Documents Executed by the Diplomatic Agents or Consular Officers done at London on the 7th June, 1968 and (c) the Convention Abolishing the Requirement of Legalisation of Foreign Public Documents done at the Hague on the 5th October, 1961.