Documentary Evidence Act 1868

31 & 32 Vict. c. 37 · Enacted 25 June 1868 · Extends to United Kingdom

An Act to amend the Law relating to Documentary Evidence in certain Cases. I1

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Annotations to the whole text

Textual amendments

F1: Preamble omitted under authority of Statute Law Revision Act 1893 (c. 14)

Modifications

C1

This Act is not necessarily in the form in which it has effect in Northern Ireland

C2

Act amended by S.I. 1964/488, Sch. 1 Pt. I; extended by (E.W.) Land Drainage Act 1976 (c. 70), s. 9(11), Northern Ireland (Emergency Provisions) Act 1978 (c. 5), s. 20(9) and enactments listed in Chronological Table of the Statutes

C3

Act extended by S.I. 1979/1573 (N.I. 12), art. 9

C4

Act extended by S.I. 1985/226, rule 41

C5

Act applied with modifications by S.I. 1988/1843, art. 5(1)

C6

Act extended with modifications (31.7.1989) by S.I. 1989/992, art. 6

C7

Act applied (NI) (27.8.1991) (temporarily until 15.6.1992 unless continued by Order) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), s. 26(12) (with s. 69)

C8

Act amended (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 1(6), 223(2), Sch.1 para.5

C9

Act extended (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 193(3)(b), 225(2)

C10

Act extended (1.7.1992) by Social Security Administration Act 1992 (c. 5), s. 177, Sch. 8para. 3

C11

Act amended (prosp.) by Education (Schools) Act 1992 (c. 38), ss. 1(6), 5(6), 21(3), Sch. 1 para. 7; which amendment is in force (31.8.1992) for England and Wales by S.I. 1992/1157, art. 2,Sch. and in force (1.5.1993) for Scotland by S.I. 1993/1190, art.3.

C12

Act amended (1.1.1993) by S.I. 1992/3060, reg. 7(6), Sch. 2para. 6(c)

C13

Act amended (5.11.1993) by 1993 c. 43, s. 1(6), Sch. 1 para.6(c)

Act applied (N.I.) (25.8.1996) by 1996 c. 22, ss. 28(12), 62(1) (with s. 62(2))

Act modified (1.11.1996) by 1996 c. 57, ss. 1, 4, 48(2), Sch. 1 para. 6

Act applied (with modifications) (22.8.1997) by S.I. 1997/1759, art. 7(5)

Act applied (with modifications) (26.1.1998) by S.I. 1997/2971, art. 2(5)

Act amended (2.12.1999) by 1998 c. 47, s. 88(6) (with s. 95(1)); S.I. 1999/3209, art. 2, Sch.

Act modified (27.6.1998) by S.I. 1998/1340, reg. 9(6), Sch. 2 para. 6(c)

Act applied (with modifications) (N.I.) (2.12.1999) by S.I. 1999/663, arts. 1(2), 4

Act applied (with modifications) (N.I.) (1.12.1999) by S.I. 1999/283 (N.I. 1), arts. 1(2), 7(3); S.R. 1999/480, art. 2

Act applied (with modifications) (13.8.2001) by S.I.2001/2568, art. 3(5), 4(5)

Act extended (19.2.2001) by 2000 c. 11, ss. 120(4), 128; S.I. 2001/421, art. 2

Act amended (15.1.2001) by 2000 c. 38, s. 204, Sch. 14 para. 25; S.I. 2000/3376, art. 2

C14

Act applied with modifications (27.6.2002) by The Secretaries of State for Education and Skills and for Work and Pensions Order 2002 (S.I. 2002/1397), art. 3(5), art. 4(5)

C15

Act applied with modifications (25.11.2002) by The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626), art. 19

C16

Act modified (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 99(4), 136(2), Sch. 7 para. 6; S.I. 2003/1725, art. 2(1)

C17

Act modified (25.7.2003 for certain purposes otherwise 29.12.2003) by Communications Act 2003 (c. 21), ss. 403(8), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in art. 3 (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

C18

Act applied (with modifications) (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 3(5) (with art. 6)

C19

Act applied (7.1.2004) by Northern Ireland Act 1998 (c. 47), s. 95A(11) (as inserted by Northern Ireland (Monitoring Commission etc.) Act 2003 (c. 25), s. 10(1); S.I. 2004/83, art. 2)

C20

Act applied (with modifications) (1.9.2005) by Education Act 2005 (c. 18), ss. 1(6), 125(4), 126(2)(a), Sch. 1 para. 6; S.I. 2005/2034, art. 3 (with art. 10, Sch.)

C21

Act applied (with modifications) (7.4.2005 at 5.45 pm) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. s.24(5)(6); S.I. 2005/1126, art. 2(1)

C22

Act applied (with modifications) (1.9.2006) by Education Act 2005 (c. 18), ss. 19(8), 125(4), 126(2)(b) {Sch. 2 para. 6}; S.I. 2006/1338, art. 4(1), Sch. 2, (with Sch. 4)

C23

Act applied (with modifications) (21.8.2006) by The Secretary of State for Communities and Local Government Order 2006 (S.I. 2006/1926), art. 3(5)

C24

Act applied (with modifications) (12.12.2006) by Education and Inspections Act 2006 (c. 40), ss. 112(4), 188(3), 189(7), Sch. 11 para. 11; S.I. 2006/2990, art. 2(i)(ii)

C25

Act modified (27.2.2007) by Charities Act 1993 (c. 10), Sch. 1A para. 9 (as inserted by Charities Act 2006 (c. 50), ss. 6(2), 79(2), Sch. 1 para. 1; S.I. 2007/309, art. 2, Sch. (with arts. 4-13))

C26

Act applied (with modifications) (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 115, 188(3), 189(7), Sch. 12 para. 5; S.I. 2007/935, art. 5(gg)

C27

Act modified by Government of Wales Act 2006 (c. 32), ss. 90(7), 161(1), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) (subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)((4)(5) of the amending Act) (with Sch. 11 para. 22)

C28

Act modified (19.7.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 60(8), 66(1) (with s. 60(7)(9))

C29

Act applied (with modifications) (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 3(5)

C30

Act applied (with modifications) (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 4(5)

C31

Act applied (with modifications) (12.12.2007) by The Secretaries of State for Children, School and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007 (S.I. 2007/3224), art. 4(5)

C32

Act applied (with modifications) (5.3.2009) by The Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), art. 3(5)

C33

Act applied (with modifications) (13.11.2009) by The Secretary of State for Business, Innovation and Skills Order 2009 (S.I. 2009/2748), art. 3(5) (with art. 7)

C34

Act applied (with modifications) (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) ss. 127(3), 269(4), {Sch. 9 para. 13}; S.I. 2010/1151, art. 2, Sch. 1 (with arts. 5-20)

C35

Act applied (with modifications) (7.7.2010) by The Secretary of State for Culture, Olympics, Media and Sport Order 2010 (S.I. 2010/1551), art. 3(5)

C36

Act applied (with modifications) (18.8.2010) by The Secretary of State for Education Order 2010 (S.I. 2010/1836), art. 3(5) (with art. 5)

C37

Act applied (with modifications) (E.W.) (14.3.2012) by Charities Act 2011 (c. 25), Sch. 1 para. 9 (with s. 20(2), Sch. 8)

C38

Act applied (14.11.2012) by The Transfer of Functions (Secretary of State for Culture, Media and Sport) Order 2012 (S.I. 2012/2590), art. 5(8) (with art. 6)

C39

Act applied (with modifications) by 1979 c. 10, Sch. para. 6 (as substituted (1.10.2013) by The Public Bodies (Abolition of the Registrar of Public Lending Right) Order 2013 (S.I. 2013/2352), art. 1(2), Sch. 1 para. 12(3) (with art. 8))

C40

Act modified by 1991 c. 57, s. 193A(5) (as substituted (1.10.2014) by Water Act 2014 (c. 21), ss. 59(2), 94; S.I. 2014/1823, art. 3)

C41

Act modified by 1991 c. 57, s. 194A(5) (as substituted (1.10.2014) by Water Act 2014 (c. 21), ss. 59(2), 94; S.I. 2014/1823, art. 3)

C42

Act applied (with modifications) (9.11.2016) by The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (S.I. 2016/992), art. 4(5) (with art. 13)

C43

C44

C45

Act applied (8.11.2017) by The Transfer of Functions (Secretary of State for Digital, Culture, Media and Sport) Order 2017 (S.I. 2017/979), art. 3(5) (with art. 7)

C46

Act applied (with modifications) (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), arts. 1(2), 3(5), 7(5)

C47

Act applied (with modifications) (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), arts. 1(2), 3(5)

C48

Act applied (with modifications) (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 3(5) (with art. 12)

C49

Act applied (with modifications) (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 5(5) (with art. 17)

C50

C51

C52

C53

Act modified (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 224(5), 240(4)

Commencement

I1: Act wholly in force at Royal Assent.

1Short title.
2Mode of proving certain documents.
3Act to be in force in colonies.
4Punishment of forgery.
5Definition of terms.
6Act to be cumulative.
Schedule Schedule

1Short title.

This Act may be cited for all purposes as “The Documentary Evidence Act 1868.”

2Mode of proving certain documents.C1 C2

Prima facie evidence of any proclamation, order, or regulation issued before or after the passing of this Act by Her Majesty, or by the Privy Council, also of any proclamation, order, or regulation issued before or after the passing of this Act by or under the authority of any such department of the Government or officer F1or office-holder in the Scottish Administration as is mentioned in the first column of the schedule hereto, may be given in all courts of justice, and in all legal proceedings whatsoever, in all or any of the modes herein-after mentioned; that is to say:

(1)

By the production of a copy of the Gazette purporting to contain such proclamation, order, or regulation.

(2)

By the production of a copy of such proclamation, order, or regulation, purporting to be printed by the Government printer, or, where the question arises in a court in any British colony or possession, of a copy purporting to be printed under the authority of the legislature of such British colony or possession.

(3)

By the production, in the case of any proclamation, order or regulation issued by Her Majesty or by the Privy Council, of a copy or extract purporting to be certified to be true by the clerk of the Privy Council, or by any one of the lords or others of the Privy Council, and, in the case of any proclamation, order, or regulation issued by or under the authority of any of the said departments or officers or office-holders, by the production of a copy or extract purporting to be certified to be true by the person or persons specified in the second column of the said schedule in connexion with such department or officer or office-holder.

Any copy or extract made in pursuance of this Act may be in print or in writing, or partly in print and partly in writing.

No proof shall be required of the handwriting or official position of any person certifying, in pursuance of this Act, to the truth of any copy of or extract from any proclamation, order, or regulation.

3Act to be in force in colonies.

Subject to any law that may be from time to time made by the legislature of any British colony or possession, this Act shall be in force in every such colony and possession.

4Punishment of forgery.F1 S

(1)

If any person commits any of the offences following; that is to say, Prints any copy of any proclamation, order, or regulation, which falsely purports to have been printed by the Government printer, or to be printed under the authority of the legislature of any British colony or possession, or tenders in evidence any copy of any proclamation, order, or regulation, which falsely purports to have been printed as aforesaid, knowing that the same was not so printed; or

(F22)

Forges or tenders in evidence, knowing the same to have been forged, any certificate by this Act authorized to be annexed to a copy of or extract from any proclamation, order, or regulation;

he shall be guilty of felony, and shall on conviction be liable to be sentenced to F3imprisonment . . . F4

5Definition of terms.

(1)

The following words shall in this Act have the meaning herein-after assigned to them, unless there is something in the context repugnant to such construction; (that is to say),

“British colony and possession” shall for the purposes of this Act include the Channel Islands, the Isle of Man . . . F1 and all other Her Majesty’s dominions.
“Legislature” shall signify any authority, other than the Imperial Parliament or Her Majesty in Council, competent to make laws for any colony or possession.
“Privy Council” shall include Her Majesty in Council and the lords and others of Her Majesty’s Privy Council, or any of them, and any committee of the Privy Council that is not specially named in the schedule hereto.
“Government printer” shall mean and include the printer to Her Majesty, F2the Queen’s Printer for Scotland, and any printer purporting to be the printer authorized to print the statutes, ordinances, acts of state, or other public acts of the legislature of any British colony or possession, or otherwise to be the Government printer of such colony or possession.
“Gazette” shall include the London Gazette, the Edinburgh Gazette, and the F3Belfast Gazette, or any of such Gazettes.

“ office-holder in the Scottish Administration”has the same meaning as in the Scotland Act 1998.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

6Act to be cumulative.

The provisions of this Act shall be deemed to be in addition to, and not in derogation of, any powers of proving documents given by any existing statute, or existing at common law.

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C8Column 1	C9Column 2
———--	————
Name of Department or Officer.	Names of Certifying Officers.
——————	——————
The Treasury.	Any Commissioner, Secretary, or Assistant Secretary of the Treasury.
The Commissioners for executing the office of Lord High Admiral.	Any of the Commissioners for executing the office of Lord High Admiral, or either of the Secretaries to the said Commissioners.
Secretaries of State.	Any Secretary or Under-Secretary of State.
Committee of Privy Council for Trade.	Any member of the Committee of Privy Council for Trade, or any Secretary or Assistant Secretary of the said Committee.
. . . F1	. . .
F2any office-holder in the Scottish Administration	a member of the staff of the Scottish Administration