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Section 47 Recovery of documents in possession of Crown.C1

Subject to and in accordance with Acts of Sederunt applying to the Court of Session and the sheriff court, commission and diligence for the recovery of documents in the possession of the Crown may be granted in any action whether or not the Crown is a party thereto, in like manner in all respects as if the documents were in the possession of a subject:

Provided that—

  1. (i)

    this subsection shall be without prejudice to any rule of law which authorises or requires the withholding of any document on the ground that its disclosure would be injurious to the public interest; and

  2. (ii)

    the existence of a document shall not be disclosed if, in the opinion of a Minister of the Crown, it would be injurious to the public interest to disclose the existence thereof.

Annotations

Modifications

C1

S. 47 applied by Administration of Justice (Scotland) Act 1972 (c. 59), s. 1(4)

Notes on Part V

Modifications

C1

Pt. V applied by Sex Discrimination Act 1975 (c. 65), s. 85(9) and Race Relations Act 1976 (c. 74), s. 75(7)

C2

Pt. V (ss. 41-51) (except for proviso to s. 44) applied (E.W.S.) (2.12.1996) by 1995 c. 50, ss. 64(4), 70(6), Sch. 8 para. 44(2) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(3); S.R. 1996/280, art. 2(2), Sch.

C3

Pt. 5 applied in part (E.W.S.) (1.12.2003) by The Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), reg. 36(6)

C4

Pt. 5 applied in part (E.W.S.) (2.12.2003) by The Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660), reg. 36(6)

C5

Pt. 5 applied (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 44(7) (with regs. 44(1)-(5), 45

C6

Pt. V applied (30.4.2007) by Equality Act 2006 (c. 3), ss. 78(5), 93 (with s. 92); S.I. 2007/1092, art. 2

C7

Pt. 5 applied in part (30.4.2007) by The Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263), reg. 33(5) (with regs. 12, 13, 18, 33(2)(3))

C8

Pt. 5 applied (E.W.S.) (8.4.2010) by Equality Act 2010 (c. 15), ss. 205(7), 216(1)(b)