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The Civil Evidence (Northern Ireland) Order 1997

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This is the original version (as it was originally made).

Proof of records of business or public authority

9.—(1) A document which is shown to form part of the records of a business or public authority may be received in evidence in civil proceedings without further proof.

(2) A document shall be taken to form part of the records of a business or public authority if there is produced to the court a certificate to that effect signed by an officer of the business or authority to which the records belong.

(3) For the purposes of paragraph (2)—

(a)a document purporting to be a certificate signed by an officer of a business or public authority shall be deemed to have been duly given by such an officer and signed by him; and

(b)a certificate shall be treated as signed by a person if it purports to bear a facsimile of his signature.

(4) The absence of an entry in the records of a business or public authority may be proved in civil proceedings by affidavit of an officer of the business or authority to which the records belong.

(5) In this Article—

  • “business” includes any activity regularly carried on over a period of time, whether for profit or not, by any body (whether corporate or not) or by an individual;

  • “officer” includes any person occupying a responsible position in relation to the relevant activities of the business or public authority or in relation to its records;

  • “public authority” includes any public or statutory undertaking, any Northern Ireland department or department of the Government of the United Kingdom and any person holding office under Her Majesty;

  • “records” means records in whatever form.

(6) The court may, having regard to the circumstances of the case, direct that all or any of the above provisions of this Article do not apply in relation to a particular document or record, or description of documents or records.

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