Other matters

9 Proof of records of business or public authority.

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.

For this purpose—

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.

3

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.

4

In this section—

  • “records” means records in whatever form;

  • “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; and

  • “public authority” includes any public or statutory undertaking, any government department and any person holding office under Her Majesty.

5

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