Senior Courts Act 1981

136 Production of documents filed in, or in custody of, Supreme Court. E+W

(1) The Lord Chancellor may, with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division and the Vice-Chancellor, or of any three of them, make rules for providing that, in any case where a document filed in, or in the custody of, any office of the Supreme Court is required to be produced to any court or tribunal (including an umpire or arbitrator) sitting elsewhere than at the Royal Courts of Justice—

(a) it shall not be necessary for any officer, whether served with a subpoena in that behalf or not, to attend for the purpose of producing the document; but

(b) the document may be produced to the court or tribunal by sending it to the court or tribunal, in the manner prescribed in the rules, together with a certificate, in the form so prescribed, to the effect that the document has been filed in, or is in the custody of, the office;

and any such certificate shall be prima facie evidence of the facts stated in it.

(2) Rules under this section may contain—

(a) provisions for securing the safe custody and return to the proper office of the Supreme Court of any document sent to a court or tribunal in pursuance of the rules; and

(b) such incidental and supplementary provisions as appear to the Lord Chancellor to be necessary or expedient.

(3) Rules under this section shall be made by statutory instrument, which shall be laid before Parliament after being made.

Modifications etc. (not altering text)

C1 S. 136 modified (temp.) (1.10.2005) by the Constitutional Reform Act 2005 (Transitional and Consequential Provisions) Order 2005 (S.I. 2005/2506), art. 2(1)