SCHEDULES

SCHEDULE 4 Enforcement: England and Wales

Admissibility of evidence

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1

Regulations under paragraph 1(1) above may include provision that, in any proceedings before a magistrates’ court under any provision included by virtue of the preceding provisions of this Schedule—

a

a statement contained in a document of record shall be admissible as evidence of any fact stated in it of which direct oral evidence would be admissible; and

b

a certificate which is made with respect to a document of record produced by a computer and purports to be signed by a responsible person shall be admissible as evidence of anything which is stated in it to the best of his information and belief.

2

In this paragraph—

  • “document of record” means a document constituting or forming part of a record compiled by the authority concerned;

  • “responsible person” means a person occupying a responsible position in relation to the operation of the computer;

  • “statement” includes any representation of fact, whether made in words or otherwise.