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Law Reform (Miscellaneous Provisions) (Scotland) Act 1966

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This is the original version (as it was originally enacted).

7Admissibility in evidence of certain records in civil proceedings

(1)In any civil proceedings where direct oral evidence of a fact would be admissible, any statement contained in a document and tending to establish that fact shall, on the production of the document, be admissible as evidence of that fact if—

(a)the document is, or forms part of, a record compiled in the performance of a duty to record information supplied (whether directly or indirectly) by persons who have, or may reasonably be supposed to have, personal knowledge of the matters dealt with in the information they supply; and

(b)the person who supplied the information recorded in the document in question is dead, or beyond the seas, or unfit by reason of his bodily or mental condition to attend as a witness, or cannot with reasonable diligence be identified or found, or cannot reasonably be expected (having regard to the time which has elapsed since he supplied the information and to all the circumstances) to have any recollection of the matters dealt with in the information he supplied.

(2)For the purpose of deciding whether or not a statement is admissible as evidence by virtue of this section, the court may draw any reasonable inference from the form or content of the document in which the statement is contained, and may, in deciding whether or not a person is fit to attend as a witness, act on a certificate purporting to be a certificate of a fully registered medical practitioner.

(3)In estimating the weight, if any, to be attached to a statement admissible as evidence by virtue of this section regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement, and, in particular, to the question whether or not the person who supplied the information recorded in the statement did so contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not that person, or any person concerned with making or keeping the record containing the statement, had any incentive to conceal or misrepresent the facts.

(4)In this section "statement" includes any representation of fact, whether made in words or otherwise, " document" includes any device by means of which information is recorded or stored, and " proceedings " includes arbitrations and references, and " court" shall be construed accordingly.

(5)Nothing in this section shall prejudice the admissibility of any evidence which would apart from the provisions of this section be admissible.

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