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Evidence (Scotland) Act 1853

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Amendments (Textual)

3 As to examination of witnesses, whether named in the record or not.E+W+S+N.I.

It shall be competent to adduce and examine as a witness in any action or proceeding in Scotland any party to such action or proceeding, or the husband or wife of any party, whether he or she shall be individually named in the record or proceeding or not; but nothing herein contained shall render any person, or the husband or wife of any person, who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, his wife or her husband, excepting in so far as the same may be at present competent by the law and practice of Scotland, or shall render any person compellable to answer any question tending to criminate himself or herself, or shall in any proceeding render any husband competent or compellable to give against his wife evidence of any matter communicated by her to him during the marriage, or any wife competent or compellable to give against her husband evidence of any matter communicated by him to her during the marriage.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1S. 3 applied (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 59(4)(b), 192(4)

S. 3 extended (8.9.1998, 15.7.1999, 6.10.1999, 5.10.1999 for certain purposes) by 1998 c. 14, s. 16(5)(b); S.I. 1998/2209 art. 2(a), Sch. Pt. I; S.I. 1999/1958, art. 2, Sch. 1; S.I. 1999/2422, art. 2, Sch. 1 (subject to transitional provisions in Sch. 14); S.I. 1999/2739, art. 2, Sch. 1 (subject to transitional provisions in Sch. 2)

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

5 Adducing of party as a witness not to have effect of reference to his oath.E+W+S+N.I.

The adducing of any party as a witness in any cause or proceeding by the adverse party shall not have the effect of a reference to the oath of the party so adduced: Provided always, that it shall not be competent to any party who has called and examined the opposite party as a witness thereafter to refer the cause or any part of it to his oath; and that in all other respects the right of reference to oath shall remain as at present established by the law and practice of Scotland.

6 Not to affect authority of courts as to judicial examination.E+W+S+N.I.

Nothing herein contained shall alter or affect the authority or practice of the courts in Scotland as to judicial examination.

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