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(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 [F2and a police authority established under [F3section 3 of the Police Act 1996][F4and the Metropolitan Police Authority]][F5and the Service Authority for the National Crime Squad] . . . F6]
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 (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 14(a); S.I. 1994/2025, art. 6; S.I. 1994/3262, arts. 4, 5, Sch.
F3Words in s. 229(8) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. I para. 1(1)(2)(h)
F4Words in s. 229(8) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 31 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
F5Words in s. 229(8) inserted (1.4.1998) by 1997 c. 50, s. 88, Sch. 6 para. 9(a); S.I. 1998/354, art. 2(1)(2)(au)
F6Words 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 (07.08.1991) by S.I.1991/1773 art.8(2), Sch. 2.
S. 229: certain functions transferred (07.08.1991) 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 conferred to make provisions about matters of the kind dealt with in this section (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(8) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 1(n)
C4S. 229(8) modified by S.I. 1987/2110, art. 2(2), Sch. 1 para. 3(n)
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