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Section 4 Proof that book is a banker’s book.C4C1C2C3

United Kingdom

A copy of an entry in a banker’s book shall not be received in evidence under this Act unless it be first proved that the book was at the time of the making of the entry one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course of business, and that the book is in the custody or control of the bank.

Such proof may be given by a partner or officer of the bank, and may be given orally or by an affidavit sworn before any commissioner or person authorised to take affidavits.

F1Where the proceedings concerned are proceedings before a magistrates’ court inquiring into an offence as examining justices, this section shall have effect with the omission of the words “orally or”.

Annotations

Textual amendments

F1

Words in s. 4 inserted (E.W.) (4.7.1996 with effect as mentioned in Sch. 1 Pt. II para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 15 (with s. 78(1)); S.I. 1997/683, art. 1

Modifications

C1

S. 4 modified (1.12.1992) by Ulster Bank Act 1992 (c. xiii), ss. 3, 10(2)

C2

S. 4 modified (29.3.1993) by 1993 c. iii, s. 9(2).

s. 4 modified (E.W.N.I.) (27.7.1993) by 1993 c. xiv, s. 9(2).

s. 4 modified (5.11.1993) by 1993 c. xvii, s. 13(3).

s. 4 modified (5.11.1993) by 1993 c. xviii, s. 11(2).

S. 4 applied (with modifications) by 1996 c. ii, ss. 5(2), 9(3)

S. 4 applied (24.7.1996) by 1996 c. vii, s. 9(2) (with s. 16)

S. 4 modified (10.2.2000) by 2000 c. iii, s. 12(3) (with s. 16)

S. 4 modified (22.3.2001) by 2001 c. i, s. 9(2) (with s. 13)

S. 4 modified (4.12.2001) by 2001 c. V, s. 14(3)

S. 4 modified (with effect as mentioned in s. 4(1) of the amending Act) by 2002 c. iii, s. 13(3)

S. 4 modified (with effect as mentioned in s. 4(1)(d) of the amending Act) by 2002 c. iv, s. 12(3)

C3

S.4 modified (with effect as mentioned in s. 9 of the amending Act) by HBOS Group Reorganisation Act 2006 (c. i), ss. 3, 20(3)

C4

Ss. 3–5 excluded (S.) by Civil Evidence (Scotland) Act 1988 (c. 32, SIF 47), ss. 6(3), 9, 10(3)