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Section 5 Verification of copy.C1

England and Wales

A copy of an entry in a banker’s book shall not be received in evidence under this Act unless it be further proved that the copy has been examined with the original entry and is correct.

Such proof shall be given by some person who has examined the copy with the original entry, and may be given either 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 “either orally or”.

Annotations

Textual amendments

F1

Words in s. 5 inserted (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. 16 ( with s. 78(1)); S.I. 1997/683, art. 1(2)

Modifications

C1

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