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Act of Adjournal (Consolidation Amendment) (Miscellaneous) 1994

S.I. 1994/1769 · Made 1 July 1994

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HIGH COURT OF JUSTICIARY, SCOTLAND

SUMMARY JURISDICTION, SCOTLAND

Made 1st July 1994

Coming into force 1st August 1994

The Lord Justice General, the Lord Justice-Clerk, and the Lords Commissioners of Justiciary under and by virtue of the powers conferred upon them by sections 282 and 457 of the Criminal Procedure (Scotland) Act 1975f1, and of all other powers enabling them in that behalf, do hereby enact and declare:

Annotations to the whole text

Footnotes

f1

1975 c. 21; sections 282 and 457 were extended by section 65 of, and amended by, paragraphs 47 and 72 respectively of Schedule 7 to, the Criminal Justice (Scotland) Act 1980 (c. 62).

Contents

  1. 1Citation and commencement
  2. 2Amendment of Act of Adjournal (Consolidation) 1988
  3. Signature
  4. Schedule
  5. FORM 93Form of certificate of authentication of document
  6. Explanatory note

1Citation and commencement

(1)

This Act of Adjournal may be cited as the Act of Adjournal (Consolidation Amendment) (Miscellaneous) 1994 and shall come into force on 1st August 1994.

(2)

This Act of Adjournal shall be inserted in the Books of Adjournal.

2Amendment of Act of Adjournal (Consolidation) 1988

(1)

The Act of Adjournal (Consolidation) 1988f1 shall be amended in accordance with the following sub-paragraphs.

(2)

In rule 73Af2 (certificates in respect of documentary evidence)–

(a)

in paragraph (1)(a)(ii), after the words “a person in” insert the words “, or who has been in,”; and

(b)

in paragraph (1)(a)(iii), after the words “the person in” insert the words “, or who has been in,”.

(3)

In rule 122Af3 (certificates in respect of documentary evidence)–

(a)

after paragraph (1)(a)(i), omit the word “or”;

(b)

in paragraph (1)(a)(ii), after the words “a person in” insert the words “, or who has been in,”; and

(c)

after paragraph (1)(a)(ii), for the word “and” substitute the word “or” and insert the following sub-paragraph:–

“(iii)

the authorised representative of the person in, or who has been in, possession and control of the original of it or a copy of it; and”.

(4)

In Schedule 1, for Form 93f4 (form of certificate of authentication of document) substitute the form set out in the Schedule to this Act of Adjournal.

Signature

J.A.D. Hope

Lord Justice General, IPD

Edinburgh

1st July 1994

FORM 93Form of certificate of authentication of document

I, (insert name, address and title of office held), being

the author

[or

the person in [orwho was on (state when) in] possession and control]

[or

the authorised representative of (insert name and address) who [orwhich] is in [orwho [orwhich] was on (state when) in] possession and control]

of

the original(s)

[or

a copy [orcopies] of the original(s)]

[or

a copy [orcopies] of a material part [ormaterial parts] of the original(s)]

of the copy document [ordocuments listed and described below] on which this certificate is endorsed [orto which this certificate is attached]

hereby certify that

it is a true copy

[or

they are true copies]

of [orof part(s) of]

the original(s)

[or

the copy [orcopies] of the original(s)]

or

the copy [

orcopies] of the material part [ormaterial parts] of the original(s)]

[of] which

I am the author

[or

is [orare] [orwas] [orwere] in my possession and control]

[or

is [orare] [orwas] [orwere] in the possession and control of (name and address) of whom [orwhich] I am the authorised representative].

Date: (insert date)

(Signed)

(Insert authorised capacity in which certificate signed)

[List and describe documents]

Explanatory note

(This note is not part of the Act of Adjournal)

This Act of Adjournal extends the categories of persons who can authenticate documents to be used in criminal proceedings for the purposes of paragraph (1)(1) of Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993. It also substitutes for Form 93 a new form of certificate for authenticating such documents, which takes account of the extension.