(1)Subject to subsections (3) and (7) below, any requirement imposed by any enactment that a local authority or parish meeting shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.
(2)Subject to subsection (7) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority or parish meeting shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.
(3)Subsection (1) above shall not apply to any document deposited with a local authority under the M1Public Records Act 1958.
(4)In legal proceedings a photographic copy of a document in the custody of a local authority or parish meeting, or of a document which has been destroyed while in the custody of a local authority or parish meeting, or of any part of any such document, shall, subject to subsection (6) below, be admissible in evidence to the like extent as the original.
(5)A certificate purporting to be signed by the proper officer of the local authority, or the chairman of the parish meeting, concerned that a document is such a photographic copy as is mentioned in subsection (4) above, shall, subject to subsection (7) below, be evidence to that effect.
(6)The court before which a photographic copy is tendered in evidence in pursuance of subsection (4) above may, if the original is in existence, require its production and thereupon that subsection shall not apply to the copy.
(7)A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.
(8)In this section “court” and “legal proceedings” have the same meanings as in the M2Civil Evidence Act 1968 [F1and “local authority” includes a joint authority, [F2an economic prosperity board, a combined authority,][F3 a joint waste authority] [F4, a police and crime commissioner and the Mayor's Office for Policing and Crime] . . . F5. . .]
Textual Amendments
F1Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 25
F2Words in s. 229(8) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 28; S.I. 2009/3318, art. 2(c)
F3Words in s. 229(8) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 17; S.I 2008/917, {art. 2(1)(o)(p)}
F4Words in s. 229(8) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 111; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 32)
F5Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
Modifications etc. (not altering text)
C1S. 229 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 12(g)
C2S. 229 modified (7.8.1991) by S.I.1991/1773, art.8(2), Sch. 2
S. 229: certain functions transferred (7.8.1991) by S.I.1991/1773, art. 8, Sch. 2
S. 229 extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 19(g) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 229 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 1(e)
S. 229 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
S. 229 extended (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 17(2)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
S. 229: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(xiii); S.I. 1997/1930, art. 2(1)(2)(m)
S. 229 extended (8.5.2000) by 1999 c. 29, s. 75 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2
C3S. 229 applied (with modifications) (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 21(2)(c)
S. 229 applied (with modifications) (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 21(2)(c)
C4Ss. 224-234 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
C5S. 229(8) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
C6S. 229(8) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)
Marginal Citations