(1)[F2Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005] for providing that, in any case where a document filed in, or in the custody of, any office of the [F1Senior Courts] 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 [F1Senior Courts] 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 [F3person making the rules] to be necessary or expedient.
(3)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 136 and sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)
F2Words in s. 136(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 13(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
F3Words in s. 136(2)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 13(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
F4S. 136(3) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 146, 148, Sch. 1 para. 13(3), Sch. 18 Pt. 1; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 7, 30(a)