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Rule 26.1 Authentication of copies of documentsI1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of paragraph 1(1) of Schedule 8 to the Act of 1995 (production of copy documents), a copy, or a copy of a material part, of a document shall be authenticated—

(a)

by a person who is—

(i)

the author of the original of it;

(ii)

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

(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

(b)

by means of a signed certificate, certifying the copy as a true copy, which may be in Form 26.1-A—

(i)

endorsed on the copy; or

(ii)

attached to the copy.

(2)

For the purposes of paragraph 4 of Schedule 8 to Act of 1995 (documents kept by businesses etc.), a document shall be certified by a docquet in Form 26.1-B—

(a)

endorsed on the document; or

(b)

attached to the document.

(3)

For the purposes of paragraph 5(3) of Schedule 8 to the Act of 1995 (statements not contained in business documents), a certificate shall be in Form 26.1-C.

F1(4)

In this Chapter a reference to a certificate or docquet being endorsed on, or attached to, a copy of a document includes endorsement or attachment by electronic means.

Annotations

Textual amendments

F1

Sch. 2 rule 26.1(4) inserted (22.3.2021) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Electronic Authentication of Copy Documents) 2021 (S.S.I. 2021/116), paras. 1(2), 2(2)

Commencement

I1

Sch. 2 rule 26.1 in force at 1.4.1996, see para. 1(1)